Application for a variance from provisions of title 18 of this code by a subdivider shall state the facts relied upon by the petitioner. Such petition shall be filed with the preliminary plat of the subdivisions. No variance shall be granted unless the board of variances and appeals finds the following facts:

A. That there are special geographical or physical circumstances or conditions affecting the property that are not common to all property in the area;

B. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner and extraordinary hardship would result from strict compliance with the provisions of this title because of the special geographical or physical circumstances or conditions affecting the property;

C. That the special geographical or physical circumstances or conditions affecting the property are not the result of previous actions pertaining to the subdivision;

D. That the granting of the variance shall not be detrimental to the public health, safety, or welfare or injurious to other property in the vicinity of said property;

E. That the property has obtained an appropriate zoning designation; provided, that for purposes of this chapter, districts with interim zoning shall not be considered an appropriate zoning. (Ord. 2135 § 5 (part), 1992: Ord. 2015 § 2, 1991: Ord. 789 § 1 (part), 1974: prior code § 11-1.23)

A. Purpose. The purpose of this section is to permit flexible design standards for developments approved pursuant to Maui County Code section 2.40.050 or title 19 when deviation from normal subdivision standards is appropriate. Exceptions from specific compliance with this title may be approved by the director where a plan and program has been approved pursuant to section 2.40.050 or title 19 to include but not be limited to planned developments, R-O zero lot line overlay district, a cluster housing development, large agricultural area development, country town business districts, historic districts, redevelopment areas and project districts.

B. The County shall not accept or receive by dedication any improvements of the developments identified by subsection A of this section, including, but not limited to, improvements of planned developments, country town business districts, historic districts, agricultural and industrial districts, R-O zero lot line overlay districts, or cluster housing developments, which do not conform in all respects to this title; provided further, that the County shall not accept or receive by dedication any underground improvements unless open areas free from structures or vegetation other than grass are provided and maintained within ten feet from both sides of the improvements. (Ord. 2219 § 2 (part), 1993: Ord. 2135 § 5 (part), 1992: Ord. 789 § 1 (part), 1974: prior code § 11-1.22)

Flexible design standards shall require adequate public space and improvements for the circulation of vehicles and pedestrians, and the recreation, light, air, safety, and service needs of the development when completed and populated and where covenants or other legal provisions are provided to assure conformity to and achievement of the plan. Developments with approved design guidelines and development plans pursuant to section 2.40.050, or Maui County Code title 19, may be permitted in accordance with the following requirements:

A. Public streets shall be designed and constructed in accordance with this title.

B. Private streets in an approved development may be built to reduced construction standards based on the design rules, adopted by the director of public works in consultation with the director of planning and the subdivision standards review committee, which satisfy the following criteria:

1. Private roadways in a cluster housing development must be clearly differentiated from public streets by dropped curb and driveway connection, and appropriate signage to clearly delineate the end of the public roadway.

2. Private streets and private improvements shall be maintained by the subdivider or owners of property in the approved development thereto in such manner that adequate access by vehicular traffic and services is permitted at any time so that fire, police, health, and public utility vehicles can service the area. If private streets and improvements are not maintained, and the director of public works determines that the maintenance is inadequate to provide necessary services for the development, public services may be withheld from the area until adequate access is provided for such services.

3. The subdivider and subsequent property owners shall be responsible for informing future owners of the affected properties that county agencies are not responsible for any maintenance or repair work or any other services within the limits of the private development and the private improvements.

4. If a private roadway serves more than three units or is longer than one hundred fifty feet, the roadway shall be designed to safely accommodate two-way traffic.

5. All dead-end roads in excess of one hundred fifty feet in length must have adequate turnaround area for fire trucks and apparatus. The dimensions used for a thirty-two foot right-of-way subdivision standard turnaround should be used as a guideline.

6. Private roadways may have straight or rolled curbs with gutters to follow subdivision standards, or curbs and gutters may be eliminated when drainage is provided in the center of the pavement, or surface swales may be provided, or a combination of all three.

7. Private roadways should, for safety reasons, conform as closely as possible to the Hawaii statewide uniform design manual for streets and highways, and the policies set forth by the American Association of State Highway and Transportation Officials (AASHTO).

8. Private signage and pavement markings should be installed as necessary for pedestrian and vehicular traffic safety using the Manual on Uniform Traffic Control Devices (MUTCD) as a guide.

C. All roads required for fire protection shall be designed and maintained to support fire apparatus and shall have an all-weather pavement surface.

D. Water. The board of water supply shall be consulted regarding conditions under which water lines will be installed in the development.

E. Storm drainage systems within public rights-of-way must be designed to county public works standards; provided, however, that a private roadway which does not follow county subdivision standards may be constructed based on alternative designs approved by the director of public works, such as grass swale, storm drain of PVC, or other materials approved by the director of public works.

F. Pedestrian Circulation.

1. Private roadways may provide a three to four foot sidewalk on only one side of the road, or sidewalks may be eliminated altogether depending upon the size of the project and if adequate grassed access is provided adjacent to a roadway.

2. Other walkways may be required to provide access to and from parking areas, recreation, and laundry facilities or public streets or bus stops.

3. Walkways shall be constructed of an all-weather surface such as asphalt, concrete, or grassblock. (Ord. 2219 § 2 (part), 1993: Ord. 2135 § 5 (part), 1992)