Public Accessways Required for Subdivisions

The Planning Commission shall require a subdivider or developer, as a condition precedent to final approval of a subdivision, in cases where public access is not already provided, to dedicate land for public access by right-of-way or easement for pedestrian travel from a public highway or public streets to the land below the high-water mark on any coastal shoreline, and to dedicate land for public access by right-of-way from a public highway to areas in the mountains where there are existing facilities for hiking, hunting, fruit-picking, ti-leaf sliding and other recreational purposes, and where there are existing mountain trails.The Planning Commission may require dedication of public access as described above to areas where there are no existing facilities for hiking, hunting, fruit-picking, ti-leaf sliding and other recreational purposes, and where there are no existing mountain trails.The Planning Commission may also require similar public access in areas in which a subdivision abuts, encompasses, or is in close proximity to other public resources, recreational areas, parks, schools, or other public facilities.Designation of public accessways shall be subject to the following requirements:"Standard" public accessways shall be a minimum of 10 feet in width.The Planning Commission shall establish the preferred public access alignment with consideration of such factors as topography, approximate location to the nearest public street, and configuration of subdivision lots or development site."Standard" public accessways shall be designated at intervals of not less than 300 feet and not greater than 1,500 feet. The Planning Commission may require that accessways be consolidated to provide sufficient area for vehicular access, parking, development of shoreline or other recreational facilities, or other public purposes; or may modify standard public accessways to take into consideration terrain features, length of frontage, uses of the parcel to be subdivided, and other pertinent factors; provided, however, that the total area to be conveyed shall not differ substantially from that which would be required by the provision of standard public accessways, unless additional areas and improvements are mutually agreed to by the subdivider and the appropriate County agencies.Public accessways shall be designed to specifications approved by the Department of Public Works and the Planning Department.Where lands comprising a subdivision do not span the entire distance between public resources, recreational areas, parks, schools, or other public facilities to which it has been determined that public access is necessary, the Planning Commission shall require conveyance of those segments of the needed public accessway laying within the proposed subdivision. Partial accessway segments shall be conveyed to the County pursuant to requirements contained in Subsection (i) of this Section. Partial accessway segments so designated need not be open to public access until the entire accessway is dedicated.Public accessways shall be clearly designated on the final map(s) of the subdivision.The County shall indemnify the landowner from injury to members of the public who are injured within the accessway.Other specifications for improvements may include but not be limited to off-street parking requirements, turnarounds, grading, and greater access width.The County Engineer may restrict or prohibit passage over a public accessway for 30 days if the County Engineer determines that:The accessway is unsafe;The area being accessed is hazardous; orThe area is being reserved by the County as a partial segment for a future public accessway.If the County Engineer determines that a public accessway may require restrictions that exceed 30 days, such recommendation shall immediately be transmitted to the Council for approval. In the event the public accessway continues to require restrictions and Council approval has not been obtained, the County Engineer may extend the required restrictions for an additional thirty (30) days so long as the determination is consistent with the criteria set forth in this Section. In cases where the Council has disapproved a recommendation to restrict passage over a public accessway, the County Engineer shall not have the authority to extend the restrictions. The Council shall be notified in writing of any restrictions of public accessways no matter of its duration.In cases where a subdivision is in close proximity to an existing accessway or where the County Engineer determines that an accessway is not feasible due to physical constraints or hazardous conditions, the Planning Commission may require the subdivider to improve existing accessways within or in close proximity to the parcel being subdivided.In cases where a subdivision is in close proximity to an existing access or where the County Engineer determines that an access is not feasible due to physical constraints or hazardous conditions, and where it has been determined that existing accessways within or in close proximity to the parcel being subdivided cannot be improved, the Planning Commission may assess an in-lieu fee equivalent to the difference between the fair market value of the affected lot or lots without an access easement and the fair market value of the affected lot or lots with an access easement. The land area shall be calculated as a ten (10) foot wide portion of the property extending from the location that the property boundary line fronts a public street to the boundary line abutting the public resource.Fees paid pursuant to this Section shall be made directly to the Director of Finance and said fees shall be deposited in a separate public access fund. Payment may be made in a lump sum at the time of final subdivision map approval; or fifty percent (50%) at the time of preliminary subdivision map approval and the balance paid at the time of final subdivision map approval.All monies received shall be used for the acquisition and development of public accessways. If the County and the subdivider fail to agree on the fair market value of the land, the value shall be fixed and established by the majority vote of three (3) land appraisers; one (1) being appointed by the subdivider, one (1) being appointed by the County, and the third being appointed by the Fifth Circuit Court. The subdivider and the County shall equally bear the fees of appraisal and costs thereof.The Planning Commission may require a subdivider to improve an accessway in a subdivision prior to dedication to the County. Upon dedication of land for a public accessway as required by this Section and upon acceptance by the County, the County shall thereafter assume the costs of additional improvements for and maintenance of the accessway, and the subdivider shall accordingly be relieved from such costs.The Planning Commission may also require public access to and the preservation of all significant historic and archaeological sites known or discovered on the parcel to be subdivided, as determined by the Planning Commission after seeking and receiving input from affected agencies, and community and cultural groups.For the purposes of this Section, "subdivision" means any land which is divided or is proposed to be divided for the purpose of disposition into six (6) or more lots, parcels, units, or interests and also includes any land whether contiguous or not, if six (6) or more lots are offered as part of a common promotional plan of advertising and sale. However, the Planning Commission may require accessways to be conveyed to the County when the land is divided into less than six (6) lots, parcels, units or interest. For the purposes of this Section, the definitions of lots, parcels, units, or interests shall be applicable to condominium property regime projects created and established pursuant to Chapter 514A, Hawai'i Revised Statutes.The right of transit along the shoreline exists below the private property line which is defined as being along the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation or by the debris left by the wash of the waves. However, in areas of cliffs or areas where the nature of the topography is such that there is no reasonably safe transit for the public along the shoreline below the private property lines, the Planning Commission may require the conveyance of a right-of-way or easement along the makai boundaries of the property lines public transit corridors which shall be not less than ten (10) feet wide. The Planning Commission may also require lateral access or transit ways in other situations where they determine it is in the public interest.The accessway shall be clearly designated on the final map of the subdivision or development.Upon approval of the preliminary subdivision map and prior to receiving approval of the final subdivision-map from the Planning Commission, the subdivider shall deposit conveyancing documents in form and content acceptable to public access free and clear of all encumbrances. Failure to timely submit such documents to the Planning Commission prior to approval of the final subdivision map shall be sufficient grounds for disapproval of the final subdivision map.