Any subdivision hereafter to be laid out within the County shall be provided with water in accordance with the requirements set forth in article 1, title 14 of this code. (Ord. 3502 § 6, 2007: Ord. 789 § 1 (part), 1974: prior code § 11-1.10(a))

A. In any subdivision hereafter to be laid out in the area of an existing public sewer system, sewer lines shall be installed by the subdivider and connected to the existing public sewer system. The sewer lines shall conform to the requirements of the department of public works.

B. In subdivisions where sewer connections cannot be made to an existing sewer system the subdivider shall meet the requirements of the state health department and the director of public works relating to sewage disposal.

C. Where a subdivision is within an area proposed to be served by public sewer system as indicated by a proposed master plan for sewer development on file in the department of public works, and where such public sewer system is listed in the county’s capital budget or capital improvements program, sewer lines shall be installed for all lots, and connected to a community cesspool system, subject to meeting the minimum requirements of the state health department. However, where such public sewer system is listed only in the county’s capital improvements program, the director may exempt the subdivider from conforming with these requirements. (Ord. 789 § 1 (part), 1974: prior code § 11-1.10(b))

The subdivider shall grade, drain, and surface all streets shown on his plat, except reserve strips for future street purposes, so as to provide access for vehicular traffic to each lot of the subdivision. All streets shall be constructed in accordance with the specifications set forth in this chapter and those on file with the department of public works. The director of public works, when he deems it necessary, may require soil analysis and recommendations from the subdivider by an engineer experienced in soil mechanics and/or pavement design. This section shall not apply to churches; provided, however, that churches shall dedicate land necessary for road widening purposes to comply with the requirements of this chapter. (Ord. 2142 § 3, 1992: Ord. 789 § 1 (part), 1974: prior code § 11-1.10(c))

A. No improvements shall be required upon existing streets for a consolidation of lots; for a subdivision creating only road widening lots; for a consolidation of three developable lots or less which is resubdivided without creating additional developable lots; or for a subdivided parcel used for a church. Churches shall dedicate land necessary for road widening purposes to comply with the requirements of this chapter.

B. Except as provided in subsection A, improvements conforming to the requirements specified in this chapter shall be constructed as follows:

1. Where substandard existing streets are within the boundaries of a subdivision, all improvements shall be constructed upon those portions of the streets within the subdivision,

2. Where existing streets are adjacent to the subdivision, improvements as may be required by the director shall be constructed on one-half of those portions of the streets adjacent to the subdivision; provided, that the portions of the streets shall have a minimum of twenty feet of pavement,

3. Where pavement on existing streets providing access to a subdivision is substandard in width or nonexisting, the subdivider shall install pavement to a minimum width of twenty feet in areas zoned residential, rural or agricultural and to a minimum width of twenty-four feet in areas zoned apartment, business, hotel or industrial. Shoulder areas shall be graded where necessary in residential, rural and agricultural areas, and in other areas the director may require such additional improvements as may be practicable, up to and including curbs, gutters and sidewalks.

The length of the required improvements shall be minimum of one hundred lineal feet multiplied by the number of lots in the subdivision minus one; provided, however, that where in the director’s opinion existing access streets to the subdivision are so inadequate as to imperil the public health, safety or general welfare, the subdivider shall provide the minimum conforming width of improvements required by this subsection B.3 along the entire length of the existing street providing access to the subdivision, or the director shall deny the subdivision. (Ord. 3513 § 1, 2007: Ord. 2214 § 1, 1993: Ord. 2142 § 4, 1992; Ord. 1907 § 1, 1990: Ord. 789 § 1 (part), 1974: prior code § 11-1.10(l))

Street name signs showing the names of intersecting streets shall be installed by the subdivider at each street intersection. The type and location of street name and traffic signs which shall be installed by the subdivider shall be subject to the approval of the director of public works and shall conform to the standard specifications on file at the department of public works. Street name and traffic signs shall be installed prior to final approval of the subdivision. (Ord. 789 § 1 (part), 1974: prior code § 11-1.10(m))

Street lights shall be constructed within all subdivisions. The street lights shall conform to the standard specifications on file with the county department of public works. The construction of underground street lighting systems shall be made a part of the contract for subdivision improvement and installed coincident with other required improvements. (Ord. 789 § 1 (part) 1974: prior code § 11-1.10(i))

Five feet wide concrete sidewalks shall be required by the director on one side of the street in all areas zoned residential, duplex, or interim; provided, that, if warranted by public safety or other identified public benefit, the director may require sidewalks on both sides of the street. Concrete sidewalks six feet wide on both sides of the street shall be required within areas zoned apartment, hotel, business and industrial. The director may waive the requirement for sidewalks in M-2 heavy industrial districts should the director deem such sidewalks not required for the public welfare or safety. Sidewalks shall be required on one side of the street within one-half mile of any elementary, intermediate or high school, or college. Sidewalks shall be constructed to the standard specifications on file in the department of public works. (Ord. 3499 § 1, 2007: Ord. 789 § 1 (part) 1974: prior code § 11-1.10(d))

Concrete curbs and gutters shall be constructed on all streets within the urban areas to the standard specifications on file in the department of public works. (Ord. 789 § 1 (part), 1974: prior code § 11-1.10(h))

The number and location of driveways shall be as determined by the director of public works and shall conform to the driveway ordinance and standards on file in the department of public works. (Ord. 789 § 1 (part), 1974: prior code § 11-1.10(g))

Pedestrian ways shall be graded to their full width and planted with grass or other suitable finish as determined by the director. The director may require a four-foot concrete sidewalk to be constructed in the center of the pedestrian ways. Sidewalks, where required, shall be constructed to the standard specifications on file in the department of public works. (Ord. 789 § 1 (part), 1974: prior code § 11-1.10(e))

Traffic calming elements shall be installed on all newly constructed streets in residential subdivisions. Traffic calming elements, as incorporated in County standard details adopted by the department, may include speed humps, speed tables, raised crosswalks, chokers, chicanes, roundabouts, mini-traffic circles, median or landscape treatments which facilitate pedestrian movement, special considerations for school zones and school routes, and any other elements or methods approved by the department of public works and waste management. At a minimum, speed humps designed in accordance with the "Guidelines for the Design and Application of Speed Humps, ITE, 1993" shall be installed on minor collector streets as defined in section 18.04.030 of this code. Raised crosswalks using the Seminole county profile shall be installed at school or playground crossings on collector streets as defined in section 18.04.400 of this code. All acceptable traffic calming references, guidelines, standards and publications are on file with the department of public works and waste management, engineering division.

This section shall not apply to any subdivision that has received preliminary plat approval between January 1, 2000, and the effective date of the ordinance. Subdivisions exempted under this provision that do not receive final plat approval by January 1, 2005, shall no longer be exempt and must comply with the requirements of this subsection. (Ord. 3085 § 2, 2002)

The entire length of the rights-of-way shall be graded to its full width and planted with grass or other suitable finish as determined by the director. (Ord. 789 § 1 (part), 1974: prior code § 11-1.10(f))

All swale areas of streets without curb and gutters that exceed five percent in grade shall be planted in grass or designed to prevent erosion according to the standards on file in the department of public works. No open ditches or channels, other than normal roadside swales, shall be permitted within the street right-of-way. Where necessary within the subdivision, drainage ditches and channels shall be designed to meet existing and surrounding conditions; otherwise, the flow should be kept as natural as possible. (Ord. 789 § 1 (part), 1974: prior code § 11-1.10(k))

A. Drainage systems in all subdivisions shall be planned, designed and constructed in accordance with standards of the department of public works or consistent with generally accepted engineering practices certified by an engineer so as to meet the following:

1. Protect and preserve existing natural drainage ways to the extent feasible;

2. Design a drainage system to be compatible with surrounding conditions;

3. Provide a system by which water within the subdivision will be removed using the natural drainage area where feasible with a minimum disruption to existing drainage patterns and without causing unnecessary harm to adjoining areas;

4. Analyze drainage requirements for each subdivision individually and take every means to insure the ability to subdivide the land within its zoning;

5. Assure that waters are drained from the subdivision in such a manner that they will not cause erosion outside of the subdivision to any greater extent than would occur in the absence of subdivision and improvements thereto;

6. Provide for the crossing of water courses by culverts rather than spanning where possible.

B. Where interior drainage systems within an area are improved, a storm drainage system shall be required in all subdivisions within that area where surface runoff cannot be adequately conveyed. Where open channels are used, the subdivider shall provide total right-of-way, including a ten foot wide maintenance road along both banks where the top channel width exceeds fifty feet, and along one bank where the top width is fifty feet or less. The director may require that maintenance roads along the channel shall be topped with six inches of crushed coral or base course and treated with bituminous material. In lieu of a maintenance road, for normally dry channels, access ramps, or other suitable alternative measures to facilitate maintenance may be provided. Underground systems shall have a minimum easement width of fifteen feet. (Ord. 789 § 1 (part), 1974: prior code § 11-1.10(o))

A. Electrical service for all improved lots shall be required and shall be provided for, coincident with other required improvements; provided, however, that the director may waive this requirement for agricultural subdivisions where it can be shown that the specific intended use would not require such service.

B. Utility lines, including but not limited to those required for electric, telephone, street lighting, cable television services and other related facilities, shall be installed underground in all subdivisions laid out within the industrial, business, hotel, apartment and duplex areas in accordance with the applicable standards and methods employed for such underground installation by the public utility companies involved; provided, however, where a subdivision consists of three lots or less, the subdivider may, upon approval of the director, arrange to have such utility lines and related facilities installed overhead in accordance with the standards and methods employed for such overhead installation by the public utility companies. The director may require the installation of underground utilities serving the subdivision in other urban areas in order to assure compatibility with neighboring developments. The subdivider shall be responsible for making the necessary arrangements with government agencies and the public utility companies concerned for the installation of such utility lines and related facilities in accordance with the requirements of this chapter.

C. The provisions of this section shall not apply to the following types of utility lines and related facilities:

1. Pedestals used exclusively for police and fire alarm boxes, traffic-control facilities, street lighting, or similar equipment belonging to or operated by either the state or the county;

2. Overhead lines attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building without crossing any street or alley;

3. Electric distribution or transmission system in excess of fifteen kilovolts;

4. Electric distribution transformers and related switching and protective equipment mounted on pads;

5. Electric distribution circuits of the twelve kilovolt class supported by metal poles without crossarm; and

6. Communication distribution terminals and television cable apparatuses mounted on pads or aboveground pedestals.

D. Whenever the strict application of the requirements of this section would be impractical because of the nature of the surface, subsurface or topographical conditions of the property to be subdivided, the board of adjustment and appeals may approve such modification thereof as is reasonably necessary in the interest of the public and not contrary to the intent and purposes of this chapter. Before making any such modification, the board of adjustment and appeals shall refer the request for any such modification to the director of public works and the director for their recommendations. (Ord. 789 § 1 (part), 1974: prior code § 11-1.10(j))

A. After the subdivider has secured approval of his preliminary plat of the subdivision from the director, and before beginning construction of the improvements therein, the subdivider shall prepare and submit to the director construction plans and specifications showing details of road construction, drainage structures, sewers, water mains,

electrical and other utility facilities proposed to be installed in the subdivision.

B. The subdivider shall indicate the location of required traffic signs on the construction plans. The construction plans shall also clearly indicate that the power to stop construction work is vested with the county through the director of public works or the director of water supply. The construction plans shall be drawn on acceptable tracing medium to county standards as to size and general drafting practice. Included with the construction plans shall be a general layout map showing the location of lots and streets, and the location of water lines, sewer mains and drainage systems and other utility lines. Plans shall be prepared by an engineer registered under the laws of Hawaii. (Ord. 789 § 1 (part), 1974: prior code § 11-1.11(a))

A. The subdivider shall submit eight copies or more, if requested, of the construction plans and specifications to the director. The director shall furnish one copy of the construction plans and specifications to the director of water supply, the director of public works, the sanitary engineer and, in addition, the district engineer when the subdivision is adjacent to a state highway or a proposed state highway, for their consideration and approval. Such construction plans and specifications shall be considered approved for construction purposes when the construction plan tracings and specifications bear the approval of the director of public works, the director of water supply, the sanitary engineer, the district engineer and the director.

B. The subdivider shall be notified of any changes or deficiencies or additional requirements in the construction plans within forty-five calendar days of submission to the director. If no action is taken by the director within this period, or such longer period as may have been agreed upon in writing, then the plans shall be deemed approved as submitted and it shall be the duty of the director, the director of public works and the director of water supply to affix their approval thereon.

C. The approval of the construction plans by the director shall not relieve the subdivider nor the engineer of the responsibility for any and all defects that may become evident subsequent to the plan's approval. Should there be any errors or omissions, then the construction plans and construction work shall be codified as requested by the director of public works and/or the director of water supply. (Ord. 789 § 1 (part), 1974: prior code § 11-1.11(b))

The subdivider shall prepare the construction plan and submit the same to the director, noting the limitation of time required for the submission of the final plat in Sections 18.12.010 through 18.12.050. If preliminary construction plans are not submitted within one year, the subdivision shall be deemed null and void. The subdivider, prior to the expiration date, may write to the director with valid reasons for any extension of reasonable time. (Ord. 789 § 1 (part), 1974: prior code §11-1.11(c))

When the construction drawings and specifications bear the approval of the director, the director of public works, the director of water supply, the sanitary engineer and the district engineer as required under Section 18.20.150 through 18.20.170 the subdivider may proceed with the construction of the improvements and utilities. After completion of same in accordance with the requirements of this title, the director shall grant approval for recordation of his final plat. Where construction extends into the state highway right-of-way, the contractor shall obtain a permit from the district engineer prior to commencement of work within the State right-of-way. No bond or security need be posted with the department of public works and/or the board of water supply for that portion of work with the state right-of-way. (Ord. 789 § 1 (part), 1974: prior code § 11-1.12(a))

A subdivider may secure final approval prior to completion of construction by entering into an agreement with the county, signed by the director and the department of public works and/or board of water supply wherein the subdivider agrees to make, install and complete all required improvements within a specified time (not to exceed one year) and file with the county a surety bond or other security as specified in this chapter, to assure the county the actual construction and installation of the improvements

shown on the approved construction drawings specifications. The director shall, after the execution and acceptance of the agreement and bond, grant approval of the final plat. The subdivider may then proceed to record the final plat and sell the lots or transfer any interest therein prior to completion of said improvements. (Ord. 789 § 1 (part), 1974: prior code § 11-1.12(b)(part))

A. The owner or owners of the subdivision shall submit an agreement to the director who shall refer the document to the county attorney for approval as to form and legality. The agreement shall specify that the subdivider shall complete all improvements and utilities to the satisfaction of the director of public works and/or the board of water supply, and shall provide that if the subdivider shall fail to so complete such work or any portion thereof within the time specified or such extension of time under specified conditions or for the termination of the agreement and upon a reversion of the subdivision or part thereof to its original acreage, the department of public works and/or the board of water supply may complete the same and recover the full cost and expense thereof from the subdivider.

B. This agreement shall allow partial acceptance of improvements and partial release of surety where the director is satisfied that the public interest is not prejudiced thereby. (Ord. 789 § 1 (part), 1974: prior code § 11-1.12 (b)(1))

A. The agreement as specified in Section 18.20.200 shall be secured by a good and sufficient surety bond (other than personal surety), certified check or other security acceptable to the director and approved by the county attorney, in a sum equal to the cost of all the work required to be done by the subdivider as estimated by the director of public works and the director of water supply, if the subdivision is within the scope of the board of water supply requirements. The surety bond shall be payable to the county and also to the board of water supply if the subdivision is within the scope of the board of water supply requirements and shall be conditioned upon the faithful performance of any and all work required to be done by the subdivider.

B. The security shall be filed with the director and deposited with the county director of finance as a realization in whole or part for the completion, correction of any defective work, or improper work called for in the original plan. (Ord. 789 § 1 (part), 1974: prior code § 11-1.12 (b)(2))

The subdivider will warrant and guarantee the improvements free from any defects in material or workmanship for a period of one year after final approval of improvements according to Section 18.20.270. (Ord. 789 § 1 (part) 1974: prior code § 11-1.12(c))

A. The director of public works shall inspect all construction of improvements and other work in any subdivision that is or may come within his jurisdiction. The director of water supply shall inspect all construction and improvements relating to water systems. Representatives of privately owned public utilities such as gas, telephone and electric companies shall be responsible for inspection of construction and installation of improvements within their respective interests.

B. The subdivider may request that all inspections be coordinated through the director so as to minimize disruptions or interruptions of construction work.

C. A list of discrepancies revealed by inspections shall be given to the subdivider within a reasonable time after the inspection. (Ord. 789 § 1 (part), 1974: prior code § 11-1.13(a))

The director shall disapprove a preliminary plat or a subdivision map where the subdivider has failed to comply with the provisions of Title 19. (Ord. 789 § 1 (part), 1974: prior code § 11-1.10(n))

A. For inspecting the construction of improvements on Saturdays, Sundays and holidays, the subdivider shall be charged a fee as set forth in the annual budget ordinance. Subdividers must notify the director of public works that the contractor will be working on the improvement in writing, messenger or telephone twenty-four hours before commencing work on the abovementioned days. The director of public works shall bill the subdivider.

B. Before starting any construction work, the subdivider shall give written notice at least one week in advance to the director of public works and/or the director of water supply, if construction involves a water supply system, the name of the contractor and any other pertinent information; and shall file three prints of approved construction drawings and specifications with the department of public works and/or the board of water supply, if construction involves a water supply system.

C. During construction of improvements and installation of facilities and utilities and the carrying on of other work in any subdivision, the work shall at all times be subject to inspection by the director of public works and/or the director of water supply, or their representatives.

D. The director of public works and the director of water supply are authorized to stop any or all construction work in a subdivision which is contrary to the approved construction plans or detrimental to the public interest. (Ord. 3449 § 1, 2007; Ord. 789 § 1 (part), 1974: prior code § 11-1.13(b))

Subdivision improvements shall not be considered complete and acceptable for final approval by the director until such improvements are so certified in writing to be complete and of acceptable standards by the director of public works and/or the director of water supply. Construction with the state highway right-of-way shall be subject to inspection by the district engineer or his representative. (Ord. 789 § 1 (part), 1974: prior code § 11-1.13(c))

Upon completion of the improvements and utilities in such subdivision as required by this title and certification thereof as provided by sections 18.20.230 through 18.20.260, and after the subdivider shall have filed with the department of public works, state department of health and the board of water supply, if applicable, one set of construction plans as actually modified to meet construction requirements; the department of public works, state department of health and the board of water supply, if applicable shall approve such performance and thereupon discharge the subdivider and surety in whole or in part according to the terms of his agreement, if any, from the obligation of any bonds and release to him any security posted by him, or authorize and direct such discharge and release by the appropriate agency or agencies, subject to the provisions of section 18.20.220. (Ord. 789 § 1 (part), 1974: prior code § 11-1.17)

A. Purpose. The purpose of this section is to authorize owners of property to transfer interests in their property to family members without immediate compliance with the requirements for subdivision improvements.

B. Deferral of Subdivision Requirements. The director of public works shall approve a request for subdivision approval and temporarily defer subdivision requirements required by this chapter for the sole and limited purpose of authorizing a transfer of interest or title from the subdivision applicants to the other person(s) under the following conditions:

1. The applicant must be an owner of real property who is:

a. A parent who intends to transfer property to a spouse or children; or

b. Siblings who intend to divide among themselves property received from a parent or grandparent.

2. The transfer shall be immediate and shall be limited to the following persons who are related to the applicant by blood, adoption or marriage: spouse, children, brothers and sisters. The intended transferee(s) shall be designated by the applicant(s) at the time of the application. Proof of the relationship shall be required by the director of public works.

3. The purpose of the transfer shall not be to provide housing or other uses.

4. No building permit or additional water service shall be requested by the applicants, transferees, subsequent grantees or vendees, assignees, lienors, or other persons claiming interest in the subject property without full compliance with all subdivision requirements then in effect and all rules of the department of water supply; compliance with the subdivision requirements and the rules of the department of water supply shall mean compliance relative to the parcel of land prior to subdivision and not to the parcels created pursuant to the deferral granted by this section. The director of public works shall not issue a building permit, and the director of water supply shall not approve of water service, for the subject property or any subdivided parcel thereof unless the requirements set forth in this chapter are fully complied with.

C. Agreement. The provisions of this section shall be implemented through an agreement between the department of public works, the department of water supply, the owners of the property and the transferee(s), and the conditions imposed by this section shall run with the land and shall bind and constitute notice to all subsequent grantees, assignees, mortgagees, lienors and other persons who claim an interest in the subject property. The agreement shall be in recordable form and recorded with the bureau of conveyances of the State of Hawaii or the land court of the State of Hawaii, or both.

D. Notice Required. The conveyance document(s) to the intended transferee(s) shall be submitted to the county prior to final subdivision approval. The document(s) shall contain a reference to the agreement required by this section, including a specific reference to the prohibition on the issuance of building permits and water meters.

E. Signatures Required. No application for subdivision approval under this section shall be approved unless all owners of the property and all designated transferees execute the agreement referred in subsection C of this section. (Ord. 1656 § 1, 1987)