Title 18 of the Maui County Code requires that subdivisions be in conformance with the County general plan and community plans. The Maui County council finds that agricultural subdivisions permitted by Title 18 have resulted in development which is rural or residential in character. Therefore, the standards for agricultural subdivisions must be amended to give proper effect to the land use mandates of the general plan and community plans, thus avoiding further adverse impacts of rural and residential development in agricultural areas.

To address these concerns, the council has prepared legislation which would remedy this subdivision problem by setting new standards for lot size and number of lots to promote agricultural use of the land and preserve and protect agricultural resources. Such legislation has undergone extensive review and comment, but cannot be enacted in time to effectively respond to this rapidly growing concern.

While legislation is being completed, the council finds it necessary and appropriate to restrict the granting of permits and other agency actions related to the processing of agricultural subdivisions for a period of three months. (Ord. 2636 § 1 (part), 1998)

For the purposes of this chapter, the definitions of words and phrases set forth in chapter 18.04 of the Maul County Code shall apply. Additionally, the following definitions shall apply for purposes of this chapter:

“Agricultural subdivision” means any subdivision of land, as defined in section 18.04.470, within the agricultural land use district designated by the State of Hawai’i pursuant to chapter 205 of the Hawai’i Revised Statutes.

“Recorded document” means a legally binding instrument, executed by all parties thereto, approved as to form and legality by the County corporation counsel, recorded in the bureau of conveyances of the State of Hawai’i or the land court of the State of Hawai’i, or both, which 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 the subject property. (Ord. 2636 § 1 (part), 1998)

A. Except for the exemptions in subsection B hereof, agricultural subdivisions, as defined in section 18.50.020, are prohibited.

B. The following agricultural subdivisions are exempt from this chapter:

1. Subdivisions into six or fewer lots, provided that all lots created by the subdivision shall be subject to a recorded document prohibiting resubdivision;

2. Subdivisions by agencies; of the federal, State or County governments, or utility companies with the power of eminent domain;

3. A lot resulting from a subdivision, the purpose of which is to dedicate the lot to a federal, State or County government agency, or to a utility company with the power of eminent domain;

4. Subdivisions described in sections 18.04.030.1 and 18.04.030.3.

C. This chapter shall apply to consolidations and resubdivisions which result in the creation of one or more additional developable lot(s), unless exempted in subsection B hereof. (Ord. 2636 § 1 (part), 1998)

The ordinance codified in this chapter shall automatically expire on December 31, 1998, unless reenacted by the council as provided by law. (Ord. 2665 § 1, 1998: Ord. 2636 § 1 (part), 1998)