When the subdivision law does not apply

The provisions of this Chapter shall not apply to:Subdivision of land into two (2) or more lots only for the purpose of clarifying public records or adjustments of boundaries, provided that no additional lots will be developed for the purpose of building dwelling units thereon.Subdivision of land into two (2) or more lots for agricultural purposes which will not be developed into dwelling units. The subdivider desiring such an exception shall file with the Planning Director a certified statement therefor, stating fully the grounds for the exception and that the subdivided land shall not be provided with dwelling units. These conditions shall run with the land.Government-sponsored housing projects or other public facilities. For the purposes of this Chapter, government-sponsored housing projects shall include private developments that are funded partially or wholly by Federal, State, or County agencies for low- or moderate-cost housing, the criteria of which shall be established by the County Public Housing Agency.Privately developed low-cost housing projects financed entirely by private funds provided that the selling price or rental of such housing shall be in accordance with standards established by the County Public Housing Agency.Subdivision or other development necessary for public utility business by a public utility company as defined in Chapter 269-1, Hawai'i Revised Statutes, provided that said public utility company uses utility poles, towers and transmission lines in providing service to the public, and provided that no additional lots will be developed for the purpose of constructing dwelling units thereon.Subdivision of buildings, as defined in Sec. 11A-1.2, for which a zoning permit has been granted in accordance with the provisions of Article 19 of the Comprehensive Zoning Ordinance, provided that a building permit is secured within twelve (12) months from the effective date of the ordinance codified in this Chapter.Commercial and industrial developments for which a zoning permit has been granted in accordance with the provisions of Article 19 of the Comprehensive Zoning Ordinance, provided that a building permit is secured within twelve (12) months from the effective date of the ordinance codified in this Chapter.Subdivision of land that has been granted preliminary approval prior to the effective date of the ordinance codified in this Chapter, provided that final approval is received within twelve (12) months of preliminary approval.The following ordinances authorizing development where a fee has been imposed by such ordinance for contribution to the County Trust Fund or in lieu of park dedication: PM-26-79; PM-29-79; PM-31-79; PM-35-79; PM-45-79; PM-52-79; and PM-56-80.Any developer who, during the course of obtaining the various governmental approvals and permits is required to provide improvements which are designated in the Capital Improvements Program and the Capital Rehabilitation Program of the County, or the Capital Improvements Program of the State, if the cost of said improvements equals or exceeds the environmental impact assessment fee levied pursuant to this Chapter; provided, that if the said improvement costs are less than the assessed fee, the developer shall pay the difference. No credit shall be given for onsite improvements which benefit the land being developed. Further, no credit shall be given for improvements which are subject to a rebate in the amount equal to such rebate.An Additional Rental Unit ("ARU") that is certified by the Housing Agency that the ARU qualifies as affordable housing pursuant to Sec. 2 1.16 of the Kaua'i County Code 1987, as amended.