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KCC §9-3.6

Building improvements before or after final subdivision approval

Read the official text at ecode360.com ↗

After the county approves your construction plan, you can either build the required improvements first and then get final subdivision approval, or sign an agreement with the county to build them later. If you choose the second option, you must provide a bond or other security to guarantee the work gets done.

developers

The ordinance, as written (Kauaʻi County) — Completion of Improvements, Agreement and Bond

A copy, taken August 22, 2026. The version published by Kauaʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.

After approval of the construction plan, the applicant may construct the required improvement prior to seeking approval of the final subdivision map, or the applicant may enter into an agreement with the County guaranteeing the construction of improvements at his or her own expense within a reasonable time period specified by the Planning Commission in which case he or she may seek approval of the final subdivision map prior to constructing the required improvements.Construction of Improvements Prior to Approval of Final Subdivision Map. The applicant may proceed with the construction of the required improvements and after completion of the required improvements, and approval by the Planning Commission, the applicant shall file for approval of the final subdivision map as provided in this Article.Agreement and Bond Prior to Approval of Final Subdivision Map. In the event that the applicant desires approval of the final subdivision map prior to constructing the required improvements, he or she shall file the following documents with the Planning Commission:A subdivision agreement, approved by the County Attorney, guaranteeing that the applicant will complete the construction of required improvements free of all liens within a time period specified by the Planning Commission and will make full payment therefor, and providing that if the applicant fails to so complete the improvements within the time specified, or an extension as may be mutually agreed upon, the County may complete the improvement and recover the full cost of expenses thereof from the applicant.A bond or security in one (1) of the following forms:A surety bond (other than personal surety) in the sum equal to the cost of all work required to be done by the applicant as estimated by the County Engineer and Manager pursuant to the subdivision agreement and conditioned upon the full and faithful performance of any and all work. The surety bond shall provide that should the applicant fail to complete as required within the time specified by the Planning Commission, the County may complete the work and recover the full cost and expense thereof from the surety. The surety bond, or any portion thereof, shall not be released until all improvements have been satisfactorily completed.Where the applicant has entered into a contract with a responsible contractor for the construction of improvements, one (1) copy of the following shall be submitted:A certified copy of his or her contracts;A certified copy of the contractor's performance bond in a sum equal to at least fifty percent (50%) of the cost of all work required; andA surety bond (other than personal surety) in a sum equal to at least fifty percent (50%) of the cost of all work required to be completed by the applicant as estimated by the County Engineer and Manager which bond shall be conditioned as set forth in Subsection (b)(2)(A) of this Section. Surety bond or any portions thereof shall not be released until all improvements have been satisfactorily completed.Cash, negotiable bonds, or other securities acceptable to the Planning Commission in an amount equal to that prescribed for a surety bond under Subsection (b)(2)(A) of this Section.
Read the official text at ecode360.com ↗as published Jan 1, 2026our copy taken Aug 22, 2026

The County of Kauaʻi publishes this code through eCode360 and states that it is provided for information only and should not be considered the official version of the Code.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.