No person shall record a map of an agricultural park subdivision
or sell, lease or convey any lot within an agricultural park until
a final map of the subdivision has been approved as provided in this
Chapter.
(Ord. No. 234, December 6, 1974; Sec. 9A-3.1, 1978 Cumulative Supplement)
Each subdivider at the time of filing the preliminary subdivision
map shall pay a nonrefundable fee of three dollars ($3.00) for each
lot shown on the preliminary subdivision map.
(Ord. No. 234, December 6, 1974; Sec. 9A-3.2, 1978 Cumulative Supplement)
The applicant or a person duly authorized by such applicant
shall file a combined preliminary and final subdivision map of the
proposed agricultural park subdivision without requirement of construction
plans. In the event utilities other than electrical power and telephone
service are to be installed to service the agricultural park, construction
plans for such utilities shall be required and approved as provided
by the Subdivision Ordinance. Tentative approval of such final map
may be granted upon certification by the Planning Director, County
Engineer, and Water Board Manager, that the requirements for an agricultural
park are satisfied on the proposed map.
(Ord. No. 234, December 6, 1974; Sec. 9A-3.3, 1978 Cumulative Supplement)
If the final map is to be filed with the Land Court for recordation,
it shall comply with the requirements specified under the rules of
the Land Court for Land Court Subdivisions. If the final map is not
to be filed with the Land Court, it shall contain the following data:
(a) The
final map of all registered land shall conform as to size and scale
with the standards set forth in Section 502-19 of the H.R.S. Where
the final map is not to be filed with the Land Court, it may be acceptable
to the Planning Commission if it is legal size, eight and one-half
by thirteen (8-1/2 x 13) inches, or of such other size as it may be
acceptable to the Planning Commission. When more than one (1) sheet
is required, an index sheet of the same size shall be filed to show
the entire subdivision on one (1) sheet with block and lot numbers.
(b) The
final map shall show the following information:
(1) Name and address of the owner of record, subdivider or his or her
agent, and of the registered surveyor who prepared the map.
(2) The date, title, north arrow, scale and tax key. The title shall
include the name of the subdivision under which it is to be recorded.
(3) Locations of all proposed streets.
(4) Boundary of the subdivided tract, with courses and distances marked
thereon. Such boundary shall be determined by survey in the field
by a registered land surveyor and certified to be correct.
(5) Any conditional requirements imposed as a condition for subdivision
by the respective agencies.
(Ord. No. 234, December 6, 1974; Sec. 9A-3.4, 1978 Cumulative Supplement)
The final subdivision map shall be accompanied by the following
documents:
(a) A certificate
from a registered surveyor attesting to the accuracy of the map.
(b) Cash
payment, or proof of payment, for all applicable fees or deposits.
(c) A copy
of the lease or deed intended for lots within the agricultural park.
(d) A document
executed by the owner in recordable form identifying all the lots
in the park and listing all the conditions and restrictions applicable
to all of the park. The document shall also contain a covenant by
the owner agreeing to be bound by the terms and restrictions pertaining
to agricultural parks until a change is approved by the Planning Commission.
(Ord. No. 234, December 6, 1974; Sec. 9A-3.5, 1978 Cumulative Supplement)
The applicant shall file six (6) copies of the final subdivision
map with the Planning Department.
(Ord. No. 234, December 6, 1974; Sec. 9A-3.6, 1978 Cumulative Supplement)
(a) Planning
Director. After accepting the filing of the final subdivision map,
the Planning Director shall send a report to the Planning Commission
indicating whether such final map conforms to the terms and conditions
for an agricultural park. The report shall incorporate written reports
by the County Engineer and the Manager and shall also indicate whether
the other requirements of this Chapter, other ordinances and State
law have been satisfied.
(b) Planning
Commission. After the receipt of the report from the Planning Director,
the Planning Commission shall determine whether the final subdivision
map substantially conforms to the terms, conditions and format for
an agricultural park and whether the applicant has satisfied all other
requirements imposed by law. The Planning Commission shall accordingly
approve or disapprove the final subdivision map.
(c) Time
Limits. If the Planning Commission fails to take action on the final
subdivision map within sixty (60) calendar days from the date of acceptance,
unless the applicant assents to a delay, the final subdivision map
shall be deemed approved.
(d) Recordation.
The final subdivision map must be recorded six (6) months from the
approval of the final map by the Planning Commission, unless an extension
of time is granted by the Commission, which extension shall not exceed
one (1) year. If no such timely recordation is made, the approval
of the final subdivision map shall become void.
(e) Conveyance
of Lots Within Agricultural Parks. No lot within an agricultural park
shall be conveyed in fee. Any attempted conveyance of a fee title
to any lot within an agricultural park without the approval of the
Planning Commission shall be void.
(f) Errors
and Discrepancies. The approval of the final subdivision map by the
Planning Commission shall not relieve the applicant of the responsibility
for any error in the dimensions or other discrepancies or oversights.
Such errors, discrepancies, or oversights shall be revised or corrected,
upon request, to the satisfaction of the Planning Commission.
(Ord. No. 234, December 6, 1974; Sec. 9A-3.7, 1978 Cumulative Supplement)