The ordinance codified in this title shall be known as the subdivision ordinance. (Ord. 789 § 1 (part), 1974: prior code § 11-1.1)

Authorized by section 8-5.3 of the revised charter of the County of Maui (1983), as amended, all subdivisions and consolidations, and all streets or ways within the County created for the purposes of subdividing land, shall be approved by the director in accordance with this title.

B. Any person desiring to subdivide or consolidate land shall submit plans and documents for approval as provided by this title. No subdivision plat may be filed with the bureau of conveyances or land court or state department of taxation until submitted to and approved by the director. Land shall not be offered for sale, lease or rent in any subdivision, nor shall options or agreements for the sale, lease or rental of land in any subdivision be made until approval for recordation of the final plat is granted by the director as provided in this title, unless such offer, option or agreement expressly provides in writing that such sale, lease or rental of land in the subdivision shall not occur nor become effective unless and until approval for recordation of the final plat is granted by the director as provided in this title.

C. The requirements of this title shall not apply to a consolidation/resubdivision of two or more developable lots resulting in the same or fewer number of developable lots that existed before the consolidation/resubdivision action or to the establishment of easements for ingress and egress where no new developable lots are created together with the establishment of the easement subject to the following conditions:

1. Compliance with title 19 of this code or chapter 205, Hawaii Revised Statutes or both;

2. Compliance with chapter 18.08 of this title except for section 18.08.090;

3. Compliance with chapter 18.12 of this title except for section 18.12.070; and

4. Compliance with chapter 18.24 of this title.

D. Parcels that have undergone consolidation/resubdivision under this subsection shall not qualify for this exception with respect to any subsequent consolidation/resubdivision of any of the parcels.

E. If the director of public works finds that the subdivision will have a significant or substantial impact upon public facilities or infrastructure, the director of public works may impose those requirements in title 18 that are appropriate.

F. The director of public works shall adopt rules to implement the provisions of subsection E of this section.

G. Except for family subdivisions as described in section 18.20.280 of this code, a consolidation and a concurrent resubdivision that does not create additional developable lots, road widening lots, utility lots, and easements for access or utility purposes, the director of public works shall not approve any subdivision unless the subdivider provides written verification of a long term, reliable supply of water issued by the director of the department of water supply as set forth in section 14.12.040 of this code. (Ord. 3502 § 3, 2007: Ord. 2519 § 1, 1996; Ord. 2372 § 2, 1994: Ord. 789 § 1 (part), 1974: prior code § 11-1.4)

This title shall be applied and administered within the framework of the county general plan, community plans, land use ordinances, the provisions of the Maui County Code and other laws relating to the use of land. The director shall not approve any subdivision that does not conform to or is inconsistent with the county general plan, community plans, land use ordinances, the provisions of the Maui County Code, and other laws relating to the use of land; provided, however, that this prohibition shall not apply to:

1. Subdivisions created solely for the purpose of dedicating land to the county or for lands otherwise acquired by the county for public purposes;

2. Subdivisions for affordable housing or park purposes where the county is the applicant;

3. Subdivisions created solely for designating roadway or access easements;

4. Consolidations and resubdivisions where no additional developable lots are created; or

5. Large lots in subdivisions containing one or more large lots where the large lot(s) do not conform to or are inconsistent with the aforementioned plans, ordinances, codes, and law, provided that the owners, their heirs, executors, and assigns of the subdivision execute an agreement with the director to have each large lot conform to said plans, ordinances, codes, and laws then in effect upon actual development of the large lot, or future subdivision into lots which do not fall within the large lot definition. (Ord. 2299 § 2, 1994: Ord. 789 § 1 (part), 1974: prior code § 11-1.2)

The ordinance codified in this title shall take effect upon its approval; provided, however, that the provisions of this title shall not be applicable to any proposed subdivision that has received preliminary approval prior to the final passage of the ordinance; codified in this title; and provided further, that any such subdivision that has been granted such preliminary approval shall comply with the applicable ordinance of the county existing at the time of such preliminary approval. (Ord. 789 § 1 (part), 1974: prior code § 11-1.27)

The words and phrases set forth in this article, unless the context otherwise requires, are defined for use in this title. (Ord. 789 § 1 (part), 1979: prior code § 11-1.3 (part))

“Agricultural” means areas designated agricultural by the state land use commission. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Block” means that distance from street centerline to street centerline measured along that street on which the lots front. It includes parks, recreational areas, school sites, community or public building sites and off-street parking spaces. (Ord. 789 § 1 (part) 1974: prior code § 11-1.3 (part))

“Arterial” means a street of considerable continuity, which is primarily a traffic artery for intercommunication between or through large areas. (Ord. 789 § 1 (part) 1974: prior code § 11-1.3 (part))

“Building line” means a line on a plat indicating the limit beyond which buildings or structures may not be erected. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Bureau of conveyances” means a division of the department of land and natural resources of the State where legal documents of any kind entitled to recordation may be filed. (Ord. 789 § 1 (part) 1974: prior code § 11-1.3 (part))

“Churches” means structures used primarily for religious or sectarian purposes. (Ord. 2142 § 2, 1992)

“Consolidation” means the combining of two or more lots into one lot. (Ord. 799 § 1 (part), 1974: prior code § 11-1.3 (part))

“Consolidation/resubdivision” means a consolidation of lots concurrent with a subdivision. (Ord. 2372 § 3, 1994)

“Cul-de-sac (dead end street)” means a street designed with only one end open to traffic. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Developable lot” means a lot with a minimum area of one thousand two hundred square feet. (Ord. 2372 § 4, 1994)

“Development” means the erection of one or more buildings or structures or a subdivision of land into two or more lots. (Ord. 1873 § 3, 1989)

“Director” means the person who holds the office of the planning director of the county. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Director of public works and waste management” means the person who holds the office of the director of the department of public works and waste management of the county. (Ord. 2369 § 1, 1994)

“Director of water supply” means the person who holds the office of the director of the department of water supply of the county. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“District engineer” means the District Engineer of the division of Highways of the State Department of Transportation for the county of Maui. (Ord. 789 § 1 (part) 1974: prior code § 11-1.3 (part))

“Dwelling” means a building or part thereof designed exclusively for or used for residential occupancy and containing not more than two residential units. (Ord. 1873 § 4, 1989)

“Dwelling unit” means any building or any portion thereof which is designed or intended for occupancy by one family or persons living together or by a person living alone and providing complete living facilities within the unit for sleeping, recreation, eating, sanitary and laundry facilities, including installed equipment for only one kitchen. (Ord. 1873 § 5, 1989)

“Easement” means a grant of the right to use a strip of land for specific purposes. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Engineer” means a person duly registered as a professional engineer in the state. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Final plat” means a map accurately surveyed and prepared by a registered land surveyor in accordance with the provisions of this title which is designed to be placed on record in the office of the Bureau of Conveyances, State Department of Taxation, or the assistant registrar of the land court. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“General plan” means the general plans or master plans of the county, extended or changed or parts thereof, as adopted pursuant to Section 2.28.040 of this code. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Improvements” mean grading, street surfacing, curbs and gutters, sidewalks, crosswalks, water systems and appurtenances, sanitary sewers, storm sewers, culverts, bridges, street lights and other appropriate items including private utilities, electricity, gas and telephone, with appurtenant construction. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Long-term residential development” means a single- family or multi-family dwelling which is occupied by an owner or lessee for a continuous period of six months or more per continuous twelve month period. (Ord. 1873 § 6, 1989)

“Long term, reliable supply of water” means the same as defined in article 1, title 14 of this code. (Ord. 3502 § 4, 2007)

“Lot” means a parcel of land intended as a unit for transfer of ownership or for development. (Ord. 789 § 1 (part), 1974: prior code § 11-1. 3 (part))

“Lot area” means the total horizontal area within the lot lines of a lot, exclusive of portions subject to easement or right-of-way for ingress and egress in favor of other lots or land, but including portions subject to easements for water, sewer and other public utility purposes. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Lot frontage” means the horizontal distance between the side lot lines measured along the street property line. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Lot width” means the least horizontal distance between lot lines measured through the midpoint of the lot. The midpoint shall be construed to be the midpoint between the opposite lot lines, except for flag lots where the stem shall not be considered. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Parkway” means any road, street, or highway that provides for traffic movement in opposite directions on either side of a dividing island or medial strip. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Partition” means a separation between joint owners or tenants in common of their respective interests in land and setting apart such interest so that they may enjoy or possess the same in severalty. For purposes of this title, partitions are considered to be subdivisions. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Pedestrian way” means a public right-of-way through a block between lots for pedestrian traffic, which may also be used as a utility easement. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Planned development” means a development with or without subdivision containing a planned arrangement of land uses, density of population, structures, streets and facilities, all of which have been approved by the county planning commission. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Preliminary plat” means a map or drawing made for the purpose of showing the layout and design of a proposed subdivision or consolidation and of the existing conditions in and around it. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Public open space” means land which may be dedicated or reserved for acquisition or dedication for general use by the public. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Reserve strip” means a nonaccess reservation, placed under public control with conditions approved by the director of planning, for future public use. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Right-of-way” means the area between property boundary lines for use as a street or as a drainage or utility easement. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Roadway width” or “pavement width” means the paved portion of the street available for vehicular traffic, and where curbs are laid, the portion between curbs. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Rural” means areas designated rural by the State Land Use Commission. (Ord. 789 § 11-1.3 (part), 1974: prior code § 11-1.3 (part))

“Sanitary engineer” means the person who is the executive officer of the Environmental Health Division, State Department of Health. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Sidewalk” means a surfaced walkway for pedestrian traffic. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Street” means the entire width between the property lines, bounding every way of whatever nature when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, drive, place, or however otherwise designated. (Ord. 789 § 1 (part) 1974: prior code § 11-1.3 (part))

“Business or industrial street” means any street providing preliminary access to business or industrial lots. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Collector street” means any street supplementary to the arterial street system which is a means of intercommunication between the arterial and smaller areas, used to some extent for through traffic and to some extent for access to abutting properties. (Ord. 789 § 1 (part) 1974: prior code § 11-1.3 (part))

“Half street” means a portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street is to be provided in another subdivision. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Marginal access street (service road)” means a minor street, parallel and adjacent to an arterial, providing access to abutting properties, but protected from through traffic. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Minor street” means a street intended exclusively for access to abutting property. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Private street” means any street providing primary access to land, retained in private ownership. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Street plug” means a reservation for street purposes, placed under public control under conditions approved by the director, for the extension of streets from a subdivision into adjacent lands that may be subdivided in the future. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Subdivider” means any person, firm, corporation, partnership, association, trust or other legal entity, or a combination of any thereof who or which causes land to be divided into a subdivision for himself, itself, or for others. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Subdivision” means improved or unimproved land or lands divided into two or more lots, parcels, sites, or other divisions of land for the purpose, whether immediate or future, of sale, lease, rental, transfer of title to or interest in, any or all such parcels, and includes resubdivision, and when appropriate to the context relates to the process of subdividing of the land or territory subdivided. Easements for roadway or access purposes shall be construed as subdivided land. Except as otherwise permitted by law, the construction of four or more dwelling units on a lot, parcel, or site shall be subject to the provisions of this title. (Ord. 2254 § 1, 1993: Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Surveyor” means a person duly registered as a professional land surveyor in the State. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))

“Urban” means areas which are designated urban by the state land use commission. (Ord. 789 § 1 (part), 1974: prior code § 11-1.3 (part))