A subdivider may call at the office of the department of planning for information regarding procedures and general information that may have a direct influence on the proposed subdivision. (Ord. 789 § 1 (part), 1974: prior code § 11-1.6(a))

A. The subdivider shall have prepared by an engineer or surveyor a preliminary plat, together with such improvement plans and other supplementary material required to indicate the general program and objectives of the project. Nine copies, or more if requested, of the preliminary plat and other supplementary material shall be submitted to the office of the department of planning.

B. Where the area to be subdivided is only a part of a larger tract owned or controlled by the subdivider, the director may require a sketch of a tentative layout for streets in the unsubdivided portion. (Ord. 789 § 1 (part), 1974: prior code § 11-1.6(b))

The preliminary plat shall be drawn according to size and scale as provided in section 502-18 of the Hawaii Revised Statutes, or on a sheet size of eight and one-half inches by thirteen inches. When more than one sheet is required, an index sheet of the same size shall be filed to show the entire subdivision on one sheet, with block and lot numbers. All pertinent information on the preliminary plat shall be drawn to scale. (Ord. 789 § 1 (part), 1974: prior code § 11-1.6(c))

Information required on the preliminary plat shall be as set forth in sections 18.08.050 through 18.08.080. (Ord. 789 § 1 (part), 1974: prior code § 11-1.6(d) (part))

The following information is required:

A. Proposed name of the subdivision, not to duplicate nor resemble the name of another subdivision in the county. It shall be subject to approval by the director;

B. Date, northpoint and scale of drawing;

C. Tax key number or numbers and other information to sufficiently describe and define the location and boundaries of the proposed subdivision according to the real property tax records of the department of finance of the county;

D. Names and addresses of the owner or owners, subdivider, and engineer, or surveyor who prepared the plat;

E. The approximate lot layout and the approximate dimensions and area of each lot;

F. Acreage of proposed subdivision and number of lots;

G. Should the submittal of the subdivision be by a person or firm other than the legal property owner, a letter of authorization from such property owner shall accompany the application;

H. Should the submittal of the subdivision be for processing as an affordable housing project, the submittal of the subdivision shall be for a long-term residential development in which fifty percent or more of the dwelling units shall be marketed as affordable housing in accordance with the provisions of section 18.04.057 of this code. In calculating the fifty percent requirement specified herein, not more than one dwelling unit per lot shall be considered for dwelling units to be sold as affordable housing dwelling units. In the submittal, the applicant shall:

1. Identify those lots upon which the dwelling units to be marketed as affordable housing are to be built; and

2. Submit a unilateral agreement running in favor of the county, acting by and through its mayor. No application shall be effective until such agreement, properly executed, has been recorded with the bureau of conveyances of the State or the land court of the State, as the case may be, so that the conditions imposed pursuant to such agreement shall run with the land and shall bind and constitute notice to all subsequent grantees, assignees, mortgagees, lienors and any other person who claims an interest in such property. Such agreement shall be properly executed and delivered to the county in order for the application to be deemed complete. The agreement shall be enforceable by the county, by appropriate action at law or suit in equity, against the parties and their heirs, personal representatives, successors and assigns. Failure to fulfill any of the conditions of the unilateral agreement required herein may be grounds for the rejection of any further submittals by the applicant for affordable housing project processing. The unilateral agreement shall contain the following conditions:

a. That fifty percent or more of the dwelling units to be built on the subject property shall be marketed as affordable housing in accordance with the following requirements:

i. That not less than ten percent of the dwelling units of the development shall be marketed within the price range established by the housing finance and development corporation of the State of Hawaii for persons or families whose incomes are identified as eighty percent or less of the area median income for the county for an adjusted family size as determined by the Department of Housing and Urban Development of the United States of America;

ii. That not more than twenty percent of the dwelling units of the development shall be marketed within the price range established by the housing finance and development corporation of the State of Hawaii for persons or families whose incomes are identified as more than one hundred twenty percent but not more than one hundred forty percent of the area median income for the county for an adjusted family size as determined by the Department of Housing and Urban Development of the United States of America;

iii. That the area median income for the affordable housing project shall be set by the director upon final subdivision approval for lot sales and upon the issuance of building permit(s) for affordable unit sales; and

b. That the following restriction shall apply to the transfer of a dwelling unit purchased from the applicant or the applicant’s grantee, assignee, mortgagee, lienor, or any other person who claims an interest in such property, as an affordable housing dwelling unit, whether on fee simple or leasehold property where the sale of the unit or lot was to a person(s) who qualified under the very low income (fifty percent or less of the area median income) or lower income (more than fifty percent but not more than eighty percent of the area median income) group under section 2.86.140 A and B of this code:

i. That for a period of five years after the purchase by a purchaser qualifying at one hundred percent or below the area median income, for a period of three years for a purchaser qualifying at between one hundred one percent and one hundred twenty percent of the area median income, or for a period of one year after the purchase by a purchaser qualifying at one hundred twenty-one percent or greater than the area median income, whether by lease, assignment of lease, deed, or agreement of sale, if the purchaser wishes to transfer title to the dwelling unit and the property or the lease, the county shall have the first option to purchase the unit and property or lease at a price which shall not exceed the sum of:

(A) The original cost to the purchaser,

(B) The cost of any improvements added by the purchaser, and

(C) Simple interest on the cash equity in the property at the rate of seven percent a year. “Cash equity” means the actual amount of payments of principal which the owner had made for the purpose of purchasing or improving a dwelling unit. It includes the cash down payment made, payments of principal for improvements which add value to the dwelling unit, and payments of principal on mortgage loans incurred to purchase the dwelling unit. Cash equity does not include “points,” appraisal fees, loan servicing fees and other financing costs. In no case shall the term “cash equity” mean the appreciated value of the dwelling unit caused by market fluctuation.

The county may purchase the unit either outright, free and clear of all liens and encumbrances, or by transfer subject to an existing mortgage.

If by outright purchase, the county shall insure that all existing mortgages, liens, and encumbrances are paid by the purchaser.

In any purchase by transfer subject to an existing mortgage, the county shall agree to assume and to pay the balance on any first mortgage created for the purpose of enabling the purchaser to obtain funds for the purchase of the unit and any other mortgages which were created with the approval and consent of the county. In such cases, the amount to be paid to the purchaser by the county shall be the difference between the above-mentioned price and the principal balance of all mortgages outstanding and assumed at the time of transfer of title to the county;

With the exception of a first mortgage created for the purpose of enabling the purchaser to obtain funds for the purchase of a dwelling unit from the applicant, the purchaser shall not place or cause to be placed on the purchaser’s dwelling unit any second mortgage or other encumbrance without the prior written approval of the mayor of the county. This restriction shall apply for as long as the county retains the option to purchase the dwelling unit pursuant to subdivision (H)(2)(b)(i) of this section;

ii. That during the applicable time period referred to in subdivision (H)(2)(b)(i) of this section, the dwelling unit shall be occupied by the purchaser at all times. Violation of this subdivision shall be sufficient reason for the county to purchase the dwelling unit as provided in the applicable provisions of subdivision (H)(2)(b)(i) of this section; and

iii. After the end of the applicable time period referred to in subdivision (H)(2)(b)(i) from the date of purchase, or execution of an agreement of sale, the purchaser may sell the unit and sell or assign the property to any person free from any price restrictions; and

c. That the lots to be marketed as affordable housing dwelling units shall be those identified for such use on the preliminary plat submitted by the applicant. (Ord. 2107 § 2, 1992: Ord. 1905 § 3, 1990: Ord. 1873 § 2, 1989: Ord. 789 § 1 (part), 1974: prior code § 11-1.6(d)(1))

Information on the following existing conditions is required:

A. Location, width and names of all existing or platted streets and other public ways within or adjacent to the tract, together with easements, other rights-of-way, and other important features, such as corners, property boundary lines, and control of access lines adjacent to state highways;

B. When required by the directors, contours at vertical intervals of two feet, and of five feet where the slope is greater than ten percent. Elevations shall be marked on such contours based on an established bench mark or assumed datum. In addition, such contours as may be required by the department of water supply, state department of Health and department of public works shall be shown;

C. The location and direction of all watercourses and approximate location of areas subject to inundation or stormwater overflow;

D. Existing uses of property, including location of all existing structures, wells, cisterns, private sewage disposal systems, utilities, etc. (Ord. 789 § 1 (part), 1974: prior code § 11-1.6(d)(2))

The following information shall be included on the preliminary plat:

A. Streets showing location, widths, proposed names and approximate radii of curves. The relationship of all streets to projected streets shown on the general plan, or if there is no complete general plan, projected streets suggested by the director to assure adequate traffic circulation in the area;

B. Existing and proposed easements, showing width and purpose;

C. Lots, showing approximate dimensions, minimum lot size and proposed lot and block numbers;

D. Sites, if any, allocated for purposes other than single-family dwellings. (Ord. 789 § 1 (part), 1974: prior code § 11-1.6(d)(3))

The following information shall be submitted with the preliminary plat. If it cannot be shown practicably on the preliminary plat, it shall be submitted in separate statements accompanying the preliminary plat:

A. A vicinity map at a small scale, showing existing subdivided land ownerships adjacent to the proposed subdivision, and showing how proposed streets may be extended to connect with existing streets:

B. Proposed deed restrictions, if any, in outline form;

C. The approximate location within the subdivision and in the adjoining streets and property of existing sewers and water mains, culverts and drainpipes, electric and communication conduits or lines proposed to be used on the property to be subdivided and invert elevations of sewers at points of proposed connections;

D. Statement regarding water system to be installed. Should a private water system be proposed, statement on source, quality and quantity of water shall also be included;

E. Provisions for sewage disposal, drainage and flood control which are proposed;

F. Parcels of land proposed to be dedicated to public use, and the conditions of such dedication;

G. Improvements to be made by the developer and the approximate time such improvements are to be completed. Sufficient detail regarding proposed improvements shall be submitted so that they may be checked for compliance with objectives of this chapter, State laws and other applicable county ordinances. (Ord. 789 § 1 (part), 1974: prior code § 11-1.6(d)(4))

A. Within five days after the information required in Sections 18.08.040 through 18.08.080 is submitted by the subdivider, the director shall furnish one copy of the preliminary plat and supplemental materials to the director of water supply, director of public works and sanitary engineer, and in addition, the district engineer, when a subdivision is adjacent to a state highway or proposed state highway.

B. The officers listed in subsection A of this section shall review the preliminary plat and indicate their approval or recommendations thereon within the time limit established by the director. (Ord. 789 § 1 (part), 1974: prior code § 11-1.7)

A. Director’s review period.

1. Within thirty days after submission of the preliminary plat of a subdivision to be processed as an affordable housing project, the director shall review the plan and may give approval of the preliminary plat as submitted, or as it may be modified, or may disapprove the same and shall express the disapproval and the reasons therefor in writing.

2. Within forty-five days after submission of the preliminary plat of a subdivision for a long-term residential development which is not to be processed as an affordable housing project or after submission of the preliminary plat of a subdivision which is outside of the scope of subsection 18.08.100.A.1, the director shall review the plan and may give approval of the preliminary plat as submitted, or as it may be modified, or may disapprove the same and shall express the disapproval and the reasons therefor in writing.

B. The director may also defer consideration of the preliminary plat pending receipt of additional information, in which case the running of time is suspended.

C. Approval of the preliminary plat shall indicate the director’s directive to prepare detailed drawings on the plat submitted, provided there is no change in the plan of subdivision as shown on the preliminary plat and there is full compliance with all requirements of this chapter. The action of the director with reference to any attached documents describing any conditions shall be noted on two copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained by the director. At such time the director shall stamp the two preliminary plats; as follows:

1. “Subdivider authorized to prepare detailed drawings on plat as submitted including corrections noted;”

2. “Recordation with the Bureau of Conveyances, State of Hawaii, or State Department of Taxation, not authorized until approved for recordation at a later date.”

D. If no action (approval, disapproval, modification or deferral) is taken by the director within the review period identified in subsection 18.08.100.A, or such longer period as may have been agreed upon in writing, the preliminary plat shall be deemed approved, and it shall be the duty of the director to endorse his approval of the preliminary plat upon the face thereof. Such approval by the director shall not exempt the subdivider from compliance with the mandatory requirements of this ordinance. (Ord. 1873 § 8, 1989: Ord. 789 § 1 (part), 1974: prior code § 11-1.8)