Rules for approving farm subdivisions

subdivision. The planning director may approve farm subdivisions under the following conditions: (a) The minimum leasable area within a farm subdivision shall be five (5) acres, irrespective of the minimum lot size of the applicable zoning ordinance. (b) Any structures for temporary, seasonal or permanent residential occupancy or habitation shall be prohibited. (c) Farm subdivision provisions shall be applicable only to leasehold lands located within an agricultural zoned district and shall be a lease term of no less than ten (10) years and a maximum of thirty (30) years. The terms of the lease shall be clearly defined in the lease agreement. (d) The owner of the parcel and lessees shall submit a soil conservation plan approved by the United States department of natural resources conservation service upon filing for a farm subdivision. (e) The owner of the parcel shall file a map, drawn to scale, of the parcel indicating the land area under consideration for the farm subdivision and the number of leasable areas and acres. (f) The leases within a farm subdivision shall be recorded by the bureau of conveyances and a copy of the recorded document shall be filed with the planning director upon its receipt from the bureau of conveyances. Each lease shall: (1) Restrict uses to agriculture as defined in chapter 25, section 25-160(a),* Hawai‘i County Code, except that farm dwellings or structures suitable for residential occupancy or habitation shall be prohibited. (2) Provide a roadway maintenance agreement for all roadways within the farm subdivision. (3) Assure implementation of the soil conservation plan required in subsection (d) of this Article and compliance with the provisions of such plan, including maintenance of conservation improvements specified therein. (g) Notwithstanding the provisions of Chapter 23, the following infrastructure standards shall apply: (1) Water. A water system for a farm subdivision shall not be required. (2) Roadway improvements. Roadway improvements within a farm subdivision which are less than those required under the County of Hawai‘i Subdivision Code may be approved. (A) Adequate access from a government road shall be provided to a farm subdivision meeting the requirements of the department of public works for the purpose of access to a farm subdivision. (B) Roads within a farm subdivision shall be the property and the responsibility of the subdivider, lot owner and/or lessees pursuant to an executed roadway maintenance agreement. (1995, ord 95-136, sec 2.)23-114 * Editor’s Note: Section 25-160 (a), no longer exists. See section 25-5-82.