Each subdivision and the map thereof shall conform to the standards set forth in this chapter. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9 (part))

Subdivisions shall conform to the general plan and shall take into consideration preliminary plans made in anticipation thereof. Subdivisions shall conform to the requirements of state law, department of public works, state department of health, state department of transportation, and board of water supply requirements and the standards established by this title. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9 (a))

The creation of streets shall be in compliance with the requirements of this title. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(b))

The location, width and grade of all streets shall conform to the general plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed use of land to be served by such streets. Where location is not shown in a general plan, the arrangement of streets in a subdivision shall either:

A. Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

B. Conform to a plan for the neighborhood which has been approved or adopted by the director to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(c)(1))

Unless otherwise indicated in the Maui County general plan and community plans, or as approved by the department of public works and waste management pursuant to section 18.20.105 of this code and consistent with the Maui County general plan and community plans, the widths of streets and pavements in feet shall not be less than the minimums shown in the following table:

*Pavement widths curb-to-curb where curbs required, and computed for speed limits not exceeding 25 miles per hour upon the following:

(Ord. 3085 § 1, 2002: Ord. 2026 § 7, 1991: Ord. 789 § 1 (part), 1974: prior code § 11-1.9(c)(2))

When existing streets within, adjacent to, or providing access to a subdivision do not meet county width requirements, additional rights-of-way shall be provided as follows:

A. Where substandard existing streets are within the boundaries of a subdivision, the subdivider shall provide additional rights-of-way according to county standards for those portions of the substandard streets within the subdivision.

B. Where substandard existing streets are adjacent to a subdivision, the subdivider shall provide additional rights-of-way for those portions of the streets adjacent to the subdivision such that the distances from the centerlines of the streets to the boundaries of the subdivided lots fronting the streets are equal to one-half of the rights-of-way widths as required by the general plan or county standards.

C. Where existing streets providing access to a subdivision have rights-of-way of at least forty feet, no additional rights-of-way are required. A subdivision shall not be allowed unless the director is satisfied that the rights-of-way of access streets are, or will be, at least twenty-four feet. Where, in the director’s opinion, the public health, safety, or the general welfare of the community requires more than the minimum right-of-way, the subdivider shall acquire and dedicate additional rights-of-way as the director may require. Nothing in this section shall prohibit the subdivider from widening existing streets to county standards. Should the subdivider be unable to acquire additional rights-of-way required in this section the director shall deny subdivision approval. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(c)(7))

A. Streets shall be laid out to intersect at angles as near to right angles as practical except where topography requires a lesser angle, but in no case less than seventy-five degrees unless there is a special intersection design. Intersections which are not at right angles shall have a minimum corner radius of twenty-five feet along the right-of-way lines of the acute angle. All right-of-way lines at intersections shall have minimum corner radii as follows: fifteen feet for twelve-foot and twenty-foot private streets; twenty feet for minor and cul-de-sac streets; and thirty feet for collector and higher classification streets.

B. All intersections shall be designed to generally accepted engineering practices and constructed to provide minimum stopping sight distances for the designated design speed so as to minimize hazards to the public. (Ord. 789 § 1 (part), 1974: prior code § 11-1.6(c)(6))

A. Grades of all streets shall not be less than one-quarter of one percent. Grades in excess of twelve percent shall be permitted when existing topographic conditions do not allow less street grades, and appropriate engineered designs are provided.

B. Vertical and horizontal curves shall be designed to the standards on file at the department of public works. The standards shall incorporate minimum stopping sight distances and offer safety, ease of operation, a pleasing appearance with the practical limits of the terrain and shall be appropriately designed consistent with generally accepted engineering standards. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(c)(11))

A. As far as practical, all streets shall be in alignment with existing streets by continuations of the centerlines thereof. The staggering of streets making “T” intersections shall be so designed and adjusted with curves and diagonals that jogs are not less than one hundred fifty feet measured along the centerline of the through street. Staggered streets shall not be used as a device to circumvent orderly street layouts.

B. If it is not possible to align the streets of a new subdivision with existing roads of an adjacent tract, short jogs may be avoided by establishing reverse curves in the road alignment within the block. Such jogs shall be separated from the existing road right-of-way by a tangent, a minimum of fifty feet along to the beginning or end of the curve. Although such reverse curves are not objectionable in residential areas, they shall be avoided in commercial and industrial districts. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(c)(4))

Reserve strips shall be required when the director determines such strips to be necessary for the orderly future development of the community according to either the general plan or projected future development in the area surrounding the subdivision. The land composing such strips shall be reserved for future use and development under conditions approved by the director. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(c)(3))

A. Where necessary to give access to or permit a satisfactory subdivision of adjoining land, streets shall be extended to the boundary of the subdivision, and all improvements constructed up to the point of termination of such streets. Temporary turnarounds at resulting dead-end streets may be required by the director when they are needed to fit the requirements of the particular situation.

B. Either street plugs or reserve strips shall be required to preserve the objectives of street extensions according to the general plan or a plan for the neighborhood. The director shall determine whether street plugs or reserve strips will be required in a particular location. In making his determination, the director shall consider all of the following criteria:

1. An equitable distribution of street extension costs between subdividers of adjoining subdivisions;

2. The primary beneficiary of a future street extension should bear the major share of the costs of installation of improvements;

3. Where subdivisions of adjoining lands is unlikely in the immediate future, reserve strips are preferred. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(c)(5))

A. Half streets may be permitted only when it is determined by the director that such half streets are essential to the reasonable development of a subdivision, and a reasonable probability exists for the future subdivision of the adjoining parcel or parcels. Half streets shall serve no more than twelve lots; provided, that the proposed subdivision is in conformance with all other provisions of this title. When parcels adjoining an existing half street are proposed to be subdivided, the director shall require that the remainder of the street be platted and constructed in such a manner as to provide a full street which meets all requirements of this ordinance. Reserve strips and street plugs may be required as necessary to preserve the objectives of half streets.

B. Half streets shall have a minimum right-of-way width of twenty-four feet, and a minimum pavement width of eighteen feet.

C. All half streets shall remain as private streets until the second halves are completed and improved to county standards. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9 (c)(8))

A cul-de-sac shall be as short as possible and shall not be more than eight hundred feet in agricultural areas and no more than five hundred fifty feet in other areas, nor serve more than twenty lots; provided, that longer streets may be approved by the director when unusual topographical conditions exist. All cul-de-sacs shall terminate with a circular turnaround of a forty-three foot radius, except that a T-turnaround or other suitable turnaround may be permitted, if in the opinion of the director, this type of turnaround meets the requirements of the situation. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(c)(9))

Where a subdivision abuts or contains an existing or proposed arterial street, the director may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a nonaccess reservation along the rear property line, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(c)(12))

Upon a finding by the director that unusual geographical conditions exist in a subdivision, private streets serving no more than three lots may be permitted unless other parts of this title specifically provide otherwise. Private streets shall not be a means for circumventing the need for a standard street. Private streets shall not be dedicated and the county is prohibited from accepting such streets. County services shall be provided at the intersecting public street, and the owners of the private street shall be responsible for its maintenance. Private streets shall be improved to the minimum width specified in section 18.16.050, in accordance with the following standards:

A. Urban district, pavement or equivalent;

B. Rural district, pavement or equivalent;

C. Agricultural district, gravel, asphalt, oil, or equivalent. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9 (c)(13))

No street names shall be used which may duplicate or may be confused with the names of existing streets within the county; provided, that identical or similar names may be used to name extensions of existing streets. Street names shall conform to the established pattern in the County and shall be subject to the approval of the street naming commission and adoption of same by the County council. All street names shall be approved prior to the filing of the final plat with the director. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(c)(10))

The lengths, widths, and shapes of blocks shall be designed with regard to providing adequate building sites suitable to the use contemplated, needs for convenient access, circulation, control, and safety of street traffic, and limitations and opportunities of topography. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(d)(1))

Blocks shall not exceed two tiers or lots in width and eighteen hundred feet in length, except blocks adjacent to arterial streets or unless the previous adjacent layout or topographical conditions justify a variation. Blocks shall not be less than four hundred feet in length. Long blocks shall be provided adjacent to arterial streets to reduce the number of intersections. The recommended minimum distance between intersections on arterial streets is eighteen hundred feet. Longer blocks shall be used when possible. The desired length for normal residential blocks is from eight hundred to one thousand feet. When the layout is such that sewers will be installed or easements for future sewer lines are provided along rear lot lines, the block should not exceed eight hundred feet in length. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(d)(2))

Where a subdivision is traversed by a natural watercourse, drainage way, channel, or stream, there shall be provided a drainage easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width as will be adequate for the purpose. Drainage easements or rights-of-way requested by the county shall be in favor of or dedicated to the County. Streets or parkways parallel to watercourses may be required. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(d)(3)(a))

In any block over seven hundred fifty feet in length, the director may require creation of a pedestrian way at or near the middle of the block. If unusual conditions require blocks longer than eighteen hundred feet, two pedestrian ways shall be required. The pedestrian ways shall be dedicated for public use and shall have a minimum width of ten feet. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(d)(3)(b))

Where a subdivision fronts along the shoreline or other public use or recreational areas, rights-of-way to these areas shall be created at intervals of not greater than fifteen hundred feet, except as provided below. The rights-of-way shall be dedicated for public use and shall have a minimum width of fifteen feet. The location of such rights-of-way shall be as agreed to by the subdivider and the director. The director may require that rights-of-way be consolidated to provide sufficient area for vehicular access, parking, development of shoreline or other recreational facilities, or other public purposes; or may modify the standard rights-of-way to take into consideration terrain features, length of frontage, uses of the parcel to be subdivided and other pertinent factors; provided, however, that the total area to be dedicated shall not differ substantially from that which would be required by the provision of standard rights-of-way, unless additional areas and improvements are mutually agreed to by the subdivider and director. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(d)(3)(c))

A. The lot size, width, shape, and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision, the type of development and uses contemplated and in conformance with the provisions of title 19. Corner lots shall be five feet wider than the minimum lot width and applied to R-1 zoning only. No additional lot width will be required for corner lots in any other zoning district than R-1.

B. In the creation of any new lots under this title, the depth of any lot shall not exceed an average ratio of four to one of the lot frontage, except for just cause, the director may waive to increase the ratio. (Ord. 789 § 1 (part) 1974: prior code § 11-1.9(e)(1))

A. The minimum sizes of various types of lots shall be in conformance with the provisions of title 19 and shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

B. For any existing lot in the urban district as defined in chapter 205 of the Hawaii Revised Statutes, minimum lot sizes different from those required by title 19 of this code are permitted, provided that the lot size nonconformity is caused by a dedication of land to the County for road widening purposes requested by the director or required by title 16 of this code. After final subdivision approval of the road widening lot, the lot size nonconformity of the remaining lot, from which the road widening lot was subdivided, shall be subject to section 19.500.110 of this code. This subsection shall not apply to subdivisions, pursuant to title 18 of this code, creating any new lots in addition to the road widening lot. (Ord. 2520 § 1, 1996: Ord. 789 § 1 (part) 1974: prior code § 11-1.9(3)(2))

A. All lots shall be suitable for the purposes for which they are intended to be sold and no dangerous areas subject to periodic inundation, in such a manner as to endanger the health or safety of the occupants thereof, may be subdivided for residential purposes.

B. All lots within a subdivision must be of adequate grade to support structures for the intended use of lots, in conformity with current architectural and engineering standards, and the soil conditions within the subdivision. The director may require certified reports to confirm the soil conditions and the adequacy of architectural and engineering design. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(e)(6))

Each and every subdivided lot shall abut upon a public street or approved private street. No lots shall be platted without access on a street. The director may indicate the side or sides of any lots from which driveway access shall be permitted or prohibited. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(e)(3))

A. The definition of “through lot” is a lot having frontage on two parallel or approximately parallel County maintained streets, or streets to be dedicated to the County, other than alleys and access being derived from one of the two streets.

B. For all through lots, the director shall designate, based on traffic, topography or orientation, one of the two parallel streets fronting the lot to prohibit vehicular access. This access restriction shall be shown on the final plat and the subdivision covenants or deed restrictions shall specify this access restriction. Further, if the through lot is in the state land use urban district, the subdivider shall construct an appropriate barrier, including but not limited to walls, fences, and hedges to prevent vehicular access to the lot from the street designated by the director.

C. This section shall not apply to large lots as defined in section 18.16.270.A of this title. (Ord. 2647 § 1, 1998: Ord. 789 § 1 (part) 1974: prior code § 11-1.9(e)(5))

A. A large lot shall be defined as a parcel of land that is resubdividable into four or more lots within the requirements of title 19.

B. In subdividing tracts into large lots which at some future time are likely to be resubdivided, the director may require that the blocks be of such size and shape, be so divided into lots and contain such building site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent subdivision of any large lot.

C. For large lots, improvements along adjacent streets may be deferred with the approval of the director; provided, that the subdivider or owner, his heirs and assigns agree to provide deferred improvements upon actual development or future resubdivision of each large lot except, however, that new large lots created by resubdivision may also defer improvements as provided in this section, and observe the following building restrictions:

1. For residential zoned areas, and those areas designated rural and agricultural by the state land use commission, no more than one dwelling per lot is permitted. Utilities such as sewer and electricity will be required for all lots. Water requirements pursuant to the rules and regulations of the department of water supply shall be installed. For large lots, the size of utilities may be based on the minimum requirement for one dwelling per lot; and

2. For business, industrial, hotel, and apartment zoned areas, no structures will be built.

These restrictions would terminate upon installation of all improvements required by this title. Water requirements pursuant to the rules and regulations of the department of water supply shall be installed. (Ord. 2217 § 1, 1993: Ord. 1649 § 2, 1987: Ord. 789 § 1 (part), 1974: prior code § 11-1.9(f))

Monuments approved by the director of public works shall be placed and properly coordinated with the state survey triangulation stations at all angle points or points of curvature in streets, and at such intermediate points as shall be required by the director of public works. All lot and block corners shall be properly established and marked with one-half inch round galvanized pipe or equivalent and firmly and permanently set in the ground. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(h))

The side lines of lots shall run at right angles to streets upon which the lots face, or on curved streets they shall be radial to the curve, as far as practicable. (Ord. 789 § 1 (part), 1974: prior code § 11-1.9(e)(4))

A. If building setback lines which differ from the provisions of title 19 or the general plan are established in a subdivision, they shall be shown on the subdivision plat. Provisions for enforcement of such special setback lines shall be included in the deed restrictions; and the county shall not bear the responsibility for enforcement of setback lines other than those established by county ordinance.

B. For any existing structure within a proposed subdivision, building setback lines different from those required by titles 16 and 19 of this code are permitted, provided that the setback nonconformity is caused by the road widening requirements of section 18.16.060 of this code and the existing structure is at least three feet from all lot lines. After final subdivision approval, the setback nonconformity shall be subject to section 19.500.110 of this code. (Ord. 2482 § 1, 1996: Ord. 789 § 1 (part), 1974: prior code § 11-1.9(g))

A. In general, all utilities shall be located within the road right-of-way and shall conform with standards of the “Maui County Utilities Representative Association and Standards” on file with the utility companies and the department of public works and waste management.

B. If in the opinion of the director of public works and waste management, the director of water supply and the utility companies, the most suitable and reasonable location for any of the utilities, such as sewers, storm drains, water and gas pipes, electric and telephone pole lines and conduits, which are likely to be required within a subdivision, either for the service thereof or for the service of areas in the surrounding territory, do not lie wholly within the street width, the director of public works and waste management may require provisions to be made for the location as mutually agreed with the subdivider of such utilities on routes elsewhere than within said street width. The subdivider shall designate the required area or areas for all such utility locations outside of the street width.

C. Easements or rights-of-way for sewers, storm drains, public utilities (gas, electrical, and communications), and government owned water facilities shall be not less than fifteen feet in width and may be required to be fenced along the perimeter of said easements or rights-of-way and centered on or along rear or side lot lines except for guywire tie-back easements, which shall be five feet wide by twenty feet long along lot lines at change of direction points of easements; except that this width may be modified where the director of public works and waste management or the board of water supply, or public utilities, whichever is appropriate, finds that a greater or lesser width is necessary or satisfactory for the purpose of the use of the area. When required by the director of public works and waste management, easements or rights-of-way for sewer lines and drain lines shall be conveyed to the county and documents shall be delivered to the county council for acceptance. Easements or rights-of-way for water facilities which are under the jurisdiction of the board of water supply shall be delivered to the board of water supply for acceptance.

D. The director shall adopt rules to implement any of the provisions of this section. (Ord. 2369 § 2, 1994: Ord. 789 § 1 (part), 1974: prior code § 11-1.9(i))

A. For the purposes of this section, the following definitions shall apply:

“Approval” means the final approval granted to a proposed subdivision in accordance with chapter 18.12 where the actual division of land into smaller parcels is sought; provided, that where construction of a building or buildings is proposed without further subdividing an existing parcel of land, the term “approval” shall refer to the issuance of the building permit.

“Council” means the Maui County council.

“Dwelling unit” means a room or rooms connected together, constituting an independent housekeeping unit for a family and containing a single kitchen.

“Lodging unit” means a room or rooms connected together, constituting an independent housekeeping unit for a family which does not contain any kitchen.

“Parks and playgrounds” mean areas used for active or passive recreational pursuits.

“Privately owned parks and playgrounds” mean parks or playgrounds and their facilities which are not dedicated to the County but which are owned and maintained by or on behalf of the ultimate users of the subdivision pursuant to recorded, perpetual restrictive covenants. Where the privately owned park is a part of the lot or lots on which a building or group of buildings containing or divided into three or more dwelling units or lodging units are constructed, it shall not be required that the private park or playground meet County subdivision standards nor shall the area of the private park or playground be deducted from the area of the lot or lots for purposes of zoning or building requirements.

“Subdivider” means any person who divides land as specified under the definition of subdivision or who constructs a building or group of buildings containing or divided into three or more dwelling units or lodging units.

“Subdivision” means the division of improved or unimproved land into two or more lots, parcels, sites, or other divisions of land and for the purpose, whether immediate or future, of sale, lease, rental, transfer of title to, or interest in, any or all such lots, parcels, sites, or division of land. The term includes:

1. A resubdivision, and when appropriate to the context, shall relate to the land subdivided;

2. A building or group of buildings, other than a hotel, containing or divided into three or more dwelling units or lodging units;

3. A building or group of buildings converted from hotel to residential use;

4. Dwelling units or lodging units added to a building or group of buildings, other than a hotel, where the total number of units is three or more;

5. Subdivisions within project districts; and

6. Dwelling units and apartments within, resulting from, or in any way relating to condominium property regimes.

B. Park Dedication Requirements.

1. The director of parks and recreation shall require each subdivider, as a condition of approval of a subdivision, to:

a. Provide land in perpetuity or shall dedicate land for park and playground purposes; or

b. Pay the County a sum of money; or

c. Provide improvement to a park in the community plan area; or

d. Provide an equivalent combination thereof, pursuant to subsection C of this section.

2. The land provided or dedicated shall meet the following standards:

a. Each subdivider shall convey the land to the County by warranty deed free and clear of any liens or encumbrances; pay for recordation of title to the County; and insure the County’s title by providing a standard owner’s title insurance policy for the County with coverage in the amount of the fair market value of the property dedicated herein;

b. The land provided or dedicated shall be located in the community plan area in which the proposed subdivision is located, or, subject to council approval by resolution approved by a majority of its members, in the community plan area adjacent to the community plan area in which the proposed subdivision is located, excluding Molokai and Lanai;

c. The land provided or dedicated shall have an area of five hundred square feet for each lot or unit, in excess of three, resulting from the subdivision; provided, for residential workforce housing lots or units within a subdivision, as defined in section 2.96.020 of this code, the land area provided or dedicated shall be two hundred fifty square feet for each such lot or unit;

d. The land dedicated shall be subject to acceptance by council resolution after the subdivider has consulted the director of parks and recreation, the director of public works, the director of environmental management, and the planning director who will submit their recommendations to the council within thirty days of the initial park assessment meeting with subdivider or waive the opportunity to do so; and

e. The subdivider shall improve the site with lot grading, grass planting, automatic irrigation, parking areas, adequate drainage, and comfort stations; provided, that the council may waive any of these requirements if the director of parks and recreation determines that such improvements are available nearby, impractical, or unnecessary.

C. In-lieu Payment and Dedication. In lieu of providing land in perpetuity or dedicating land, the director of parks and recreation shall require the subdivider to:

1. Pay to the County a sum of money equal to the number of square feet that would have been required by subsection (B)(2)(c) of this section, multiplied by average of the following values, determined at subdivision approval, in accordance with the most recent certified assessment for real property tax purposes in the respective community plan area where the subdivision is located:

a. The average value per square foot of lands classified as improved residential;

b. The average value per square foot of lands classified as unimproved residential; and

c. The average value per square foot of lands classified as apartment.

2. Combine the payment of money with land to be provided or dedicated, as required by subsection (B)(2)(c) of this section; or

3. Provide improvement to parks and playgrounds in the community plan area where the subdivision is located. The value of such improvements shall be at least equal to the sum of money required to be paid pursuant to this section. The estimate for the cost of the improvements provided shall be based upon cost estimates certified by an engineer licensed to practice in the State of Hawaii. For subdivisions which qualify as affordable housing or residential workforce housing projects pursuant to chapter 2.96 of this code, this park assessment fee shall be deferred for either one year from the date of final subdivision approval or until fifty per cent of the dwelling units of the affordable housing project are sold or rented, whichever occurs first.

D. The County shall use the money received pursuant to this section for the purpose of providing parks and playgrounds for the use of purchasers or occupants of lots or units in the subdivision. The money received in connection with a subdivision shall accrue to a park assessment fund, and shall be appropriated in the County budget for parks and playgrounds in the community plan area where the subdivision is located. The estimated amount available for appropriation in each community plan area shall be set forth in the operating budget and capital program proposed by the mayor.

E. A subdivider shall receive a credit of one hundred per cent of the area of privately owned and maintained parks and playgrounds, whether open to the public or not, if the director of parks and recreation determines that the park or playground fulfills the conditions set forth below:

1. Setbacks and other areas required by law shall not be included in the computation of the credit;

2. The size, shape, topography, geology, access, use, and location of the site shall be suitable for park and playground purposes, as determined after consultation with the director of parks and recreation;

3. The physical improvements provided shall meet the needs of the occupants of the subdivision, as determined after consultation with the director of parks and recreation;

4. Such parks and playgrounds shall not include golf courses, marinas, or other similar uses for which a fee is charged;

5. The subdivider shall improve the site with lot grading, grass planting, automatic irrigation, parking areas, adequate drainage, and comfort stations; provided, that the council may waive any of these requirements if the director of parks and recreation determines that such improvements are available nearby, are impractical, or are unnecessary;

6. Prior to subdivision approval, the subdivider shall enter into an agreement with the County and shall provide adequate security, to assure that the required improvements and facilities shall be constructed;

7. The use of the site shall be restricted to park and playground purposes by recorded, perpetual covenants, and which shall be enforceable by the owners and occupants of the subdivision, and by the County;

8. The perpetual maintenance of the site by the owners and occupants of the subdivision shall be assured by the recorded, perpetual covenants, which shall obligate the owners and occupants of the subdivision to maintain the site in perpetuity, and which shall empower the County to enforce the covenants or cause the maintenance to be performed and subject the properties in the subdivision to a lien until the cost of the maintenance is reimbursed; and

9. Prior to approval of the subdivision, the subdivider shall execute and record a unilateral agreement in favor of the County to assure that such parks and playgrounds shall be privately and adequately maintained in perpetuity, and that the provisions of this section shall be observed.

F. A subdivider shall receive credit for lands dedicated or provided for park and playground purposes in excess of what is required to be dedicated or provided pursuant to section 18.16.320.B, if the director of parks and recreation has approved the credit and determined:

1. The lands provided or dedicated comply with the requirements of this section;

2. The lands are dedicated or provided before subdivision approval; and

3. At the time of dedication of the lands, the subdivider states the intention to obtain a credit for the excess lands.

G. Credits obtained pursuant to subsection F may be applicable to a subdivision.

1. The available credit applicable to a subdivision shall be the area of lands dedicated or provided within the appropriate community plan area, reduced by the land area which would have been dedicated or provided if this section were then in effect, and reduced further by the portion of the credit applied to other subdivisions before the subdivision approval;

2. The portion of the available credit applicable to the subdivision shall not exceed fifty per cent of the land area required to be provided or dedicated for that subdivision; and

3. The credit shall not be transferable, but may be apportioned among members of a joint venture subdivider by an agreement filed with the central coordinating agency within sixty days of the date the lands were dedicated or provided.

H. Upon the dedication of land by the subdivider as may be required under this section, the County shall thereafter assume the cost of improvements and their maintenance, and the subdivider shall accordingly be relieved from such costs.

I. The following exemptions and exclusions shall apply:

1. Subdivisions by agencies of the federal, state, and County governments shall be exempt from this section.

2. Subdivisions of land into three or less residential lots shall be exempt from this section. The land so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels.

3. A lot resulting from a subdivision, the purpose of which is to dedicate the lot to a federal, state, or County government agency, shall be excluded from consideration for the purposes of this section.

4. Subdivisions for nonresidential use shall be exempt from this section.

5. Subdivisions in which one hundred per cent of the lots or units resulting from the subdivision qualify as residential workforce housing units, as defined in section 2.96.020 of this code, shall be exempt from this section.

J. An appeal from a determination by the director of parks and recreation, the director of public works and environmental management and director of planning pursuant to this section shall be heard by the board of variances and appeals in accordance with chapter 91, Hawaii Revised Statutes. Within sixty days after hearing the appeals the board shall affirm, modify or reverse the determination of the relevant director, giving its reasons for its decision and shall report its decision to the council.

K. The central coordinating agency may promulgate rules in accordance with Hawaii Revised Statutes, chapter 91, to clarify and implement this section.

L. The director of parks and recreation shall transmit to council a semiannual report regarding park dedications for each community plan area within thirty days after the end of the first and third quarter of the fiscal year. The report shall include, for each subdivision within the community plan area, the name of the subdivision, the number of units in the subdivision, and a description of the land area, sum of money, or park improvements, or combination thereof, dedicated or provided. (Ord. 3512 §§ 7--9, 2007; Ord. 3307 § 1, 2005; Ord. 3158 § 1, 2004: Ord. 2981 § 1, 2001: Ord. 2956 §§ 1, 2, 2001; Ord. 2470 § 1, 1996: Ord. 2442 §§ 1, 2, 1995; Ord. 2375 § 1, 1994; Ord. 2043 § 1, 1991: Ord. 1874 § 1, 1989; Ord. 1686 § 1, 1988; Ord. 1649 § 1, 1987: Ord. 1539 § 1, 1986: Ord. 1487 § 1, 1985: Ord. 789 § 1 (part), 1974: prior code § 11-1.9(j))