Definitions for subdivision and development rules

(a) For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words used herein are defined as follows: (1) “Approval” means the final approval granted to a proposed subdivision where the actual division of land into smaller parcels is sought, provided that, where construction of a building or buildings for a multiple-family development is proposed without further subdividing an existing parcel of land, the term “approval” shall refer to the issuance of the building permit. (2) “Dedication” means the conveyance of land, including any improvements, fixtures and facilities appurtenant, or any interest therein, in fee simple or easement. (3) “Director” means the planning director of the County of Hawai‘i. (4) “Easement” means the grant of the right to use a strip of land for specific public access purposes. (5) “Lot” means a building site or a parcel of land shown as a unit on an approved and recorded subdivision as defined in the Hawai‘i county subdivision control code. (6) “Mountain” means those lands situated above the one thousand-foot elevation above sea level. (7) “Multiple-family development” or “development” means buildings or structures containing six or more dwelling units on one lot. (8) “Planning commission” means either the windward or leeward planning commission, or both acting as a joint commission, as provided for in the Charter. (9) “Public access” means a public right-of-way in fee or easement for pedestrian traffic and may also be used as a bikeway, utility easement, or for restricted vehicular traffic. (10) “Public mountain area” means lands publicly owned or privately owned subject to written grants of easements allowing public access and use. (11) “Public shoreline area” means lands fronting a shoreline which are publicly owned or privately owned subject to written grants of easements allowing public access and use. (12) “Public street” and “public highway” mean a publicly owned street or highway or a privately owned street or highway over which rights of public use or access have been granted and duly accepted by the state or county. (13) “Recreational activity” includes, but is not limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, nature study, water skiing, and viewing or enjoying historical, archaeological, scenic or scientific sites, but excludes any and all commercial activity. (14) “Shoreline” means the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or where there is no vegetation in the immediate vicinity, or the upper limit of the debris left by the wash of the waves, pursuant to chapter 205A, Hawai‘i Revised Statutes, as may be further amended. (15) “Subdivision” for the purpose of this chapter, means any improved or unimproved land or lands divided or proposed to be divided for the purpose of disposition into six or more lots or parcels. (1996, ord 96-17, sec 2; am 2009, ord 09-118, sec 23.)34-3 Article 2. Administration.