When public access rules apply to new developments

(a) The provisions of this chapter shall apply to applications for all subdivisions and multiple-family developments situated generally between (1) shoreline or mountain areas; and (2) public streets and highways, as the case may be. The director shall determine the applicability of this chapter to particular lots and building sites in conjunction with determining the location and frequency of public accesses as set forth in subsection (c) of this section. A subdivider or developer of a multiple-family development shall, as a condition precedent to final approval of a subdivision or issuance of a building permit for a multiple-family development, dedicate land by right-of-way in fee or easement for public access from a public highway or public street to the following: (1) Public shoreline areas and the land below the shoreline; and (2) Public mountain areas where there are existing facilities for hiking, hunting, fruit picking, ti-leaf sliding, other recreational purposes and where there are existing public mountain trails. PUBLIC ACCESS § 34-4 (b) The location of public shoreline and mountain areas and existing shoreline, coastal and public mountain trails shall be determined by the director in consultation with the State department of land and natural resources and the department of parks and recreation and shall be established by rule pursuant to chapter 91, Hawai‘i Revised Statutes. The director shall solicit such information from such agencies upon adoption of the ordinance codified in this chapter and from time to time thereafter. Such rules shall include maps depicting the public-owned areas and the approximate location of the existing public trails, and may provide for supplementation of listed areas and trails upon publication of notice in lieu of rule amendment. Provided, that the rules shall be amended not less than every five years to incorporate any supplemental changes made since prior rule adoption and to allow public comments on practices and procedures established under such rules. (c) The location and frequency of public access shall be established by the director or the planning commission, as respectively authorized under chapters 23 and 25 subject to the provisions of article 3 of this chapter. The director shall establish the preferred public access alignment with consideration of such factors as topography, approximate location along the nearest public street and configuration of the subdivision lots or development site. (d) Where the lands comprising a proposed subdivision or development do not span the entire distance between a public street and a shoreline or mountain area to which the County has determined by the director that public access is necessary, the director shall require dedication of those segments of the needed public accessway laying within the proposed subdivision or development. (e) Except as provided in subsection (f) herein below, a multiple-family development approved prior to March 4, 1996 shall be subject to the provisions of this chapter when six or more dwelling units are added or proposed to be added thereto. (f) The provisions of this chapter shall not apply to subdivisions or multiple-family developments sanctioned, approved or permitted by a development agreement pursuant to the development agreement code, a change of zone ordinance, or a valid special management area (SMA) permit issued prior to March 4, 1996 when: (1) Such agreement, ordinance or SMA permit includes requirements for the dedication of public access to the shoreline, provision of related improvements or a cash payment in lieu thereof; or (2) The director determines that the provisions of the agreement, ordinance or SMA permit, together with one or more related agreements, zoning ordinances or SMA permits covering adjacent lands, was intended by the council or the planning commission, respectively, to comprise an integrated shoreline access system for the lands subject to such related agreements, ordinances or SMA permits; and (3)The permittee is in compliance with the terms of such agreement, ordinance, and SMA permit. Provided, this exception shall not apply to any application to amend an SMA permit to allow an increased number of dwelling units or more than a nominal increase in commercial or resort activities, as the director shall determine. When applying the standards of this chapter to applications for amendment or replacement of a valid SMA permit which are not excepted herefrom, the director and the planning commission shall take into account any prior, appurtenant dedications or contributions of land, improvements or cash for public access or shoreline area improvements. (g) Where a lot or building is subject to a valid conservation district use permit, the director may waive provisions of this chapter which conflict with such permit. (1996, ord 96-17, sec 2.)34-4 Article 3. Requirements.