When you can skip fire protection water line upgrades

A. An applicant on the priority list whose application is being processed because additional source has become available and whose premises directly front the department's existing water system, determined adequate by the department to supply potable domestic and irrigation water demand to the said premises, shall not be required to make further infrastructure mainline improvements for fire protection, provided that: 1. In the case of a subdivision application, the subdivision is for only two lots, or is amended to a subdivision for two lots, and all structures on each lot shall be used for residential and associated purposes. 2. In the case of a family subdivision created pursuant to sections 14.05.180 and 18.20.280 of this code, the subdivision shall be a subdivision for only two lots, is amended to a subdivision for two lots, or is consolidated and resubdivided into a subdivision for two lots, and all structures on each lot shall be used for residential and associated purposes. 3. In the case of a single water service request, the request may not be revised to a two-lot subdivision or otherwise revised, and all structures on the lot shall be used for residential and associated purposes. 4. The exemption from review for fire protection for the first and second dwelling unit as provided in subsection 14.04.020(A) of this code shall not apply to premises that receive water service pursuant to this section. The requirements for adequate fire protection for building permit applications for residential dwelling units and associated structures permitted in any zoning district listed in title 19 of this code, shall be reviewed, administered, and issued by the department of fire and public safety in accordance with section 16.04C.460 of this code; however, the exceptions contained in section 16.04C.460 shall not apply. 5. The requirements of section 16.04C.470 (subsection 18.4.6) of this code shall not apply to subdivisions that receive water service pursuant to this section. 6. This exemption from making further infrastructure mainline improvements for fire protection shall not apply to any further subdivision of any resulting parcels, and any such subdivision shall be subject to the requirements of section 14.05.090 of this code; provided, however, that in the case of subsequent development consisting of the construction of a building or group of buildings on a single lot, which will contain, result, or be divided into four or more dwelling units, the requirements for adequate fire protection shall be reviewed, administered, and issued by the department of fire and public safety. 7. No remote meters shall be permitted. 8. The owner of the lot or lots shall enter into an agreement with the County, whereby the lot owner agrees to all of the following: a. To accept such water service as the department is able to render from its existing facilities and to execute a written release in favor of the County for all claims on account of any inadequacy in the County's system or inadequacy of water supply to the premises for fire protection. b. That further subdivision or requests for building permits may require the installation of water system improvements, such as water mains for potable domestic, irrigation, and fire protection water demand and fire hydrants for fire protection. c. That the agreement shall be recorded with the bureau of conveyances or the land court of the State, shall run with the land, and, unless released or cancelled by the County, shall bind the owner of the lot or lots and bind and constitute notice to all subsequent grantees, successors, assignees, mortgagees, lienors, and other persons claiming any interest in the lot or lots. B. The provisions of this section shall apply to applicants on the priority list as of January 1, 2013. Applicants offered water service by the department after January 1, 2013, but who declined such offer may be eligible to be placed back on the priority list at their prior placement, provided, that the application complies with subsection 14.13.065 (A)(1), 14.13.065 (A)(2), or 14.13.065 (A)(3). Such applicant shall be notified of their eligibility in writing by certified mail, return receipt requested, at the premises address listed with the County of Maui, department of finance, real property assessment division. The applicant shall be given sixty days from the date the certified mail was received by the applicant to complete and deliver to the department an application for water service or to reserve an allocation of water service in accordance with the department's established rules, regulations, and procedures. Failure to respond within sixty days or the return of an unsigned return receipt will be treated as a refusal of water service. (Ord. 4255, § 2, 2015)