When street improvements are required for building work

A. Where public streets are adjacent to the property on which any new structures will be situated, or remodeling, reconstruction, repairs, additions, and similar work on existing structures are proposed, where the cost of the work over a period of 12 consecutive months exceeds 50 percent of the replacement value of existing structures on the property before work is started, improvements as may be required by the building official must be constructed on those portions of the streets adjacent to the property. Improvements may include pavement widening, construction of sidewalks, curbs, gutters, swales, drainage improvements, driveways, curb ramps, striping, signage, relocation of utilities, and placement of utilities underground. Placement of utilities underground can be deferred if the owner, heirs, executors, and assigns agree to pay their pro rata share of the cost of utility and utility-related road improvements upon the adjacent public rights-of-way based on the actual cost of the capital improvements, divided by the total number of linear feet of the capital improvement, the quotient of which must be multiplied by the number of lineal feet of the capital improvement adjacent to the property. An agreement must be prepared by the owner for filing with the state bureau of conveyances. The deferral under this section must include those developments which have previously entered into agreements deferring the placement of utilities underground. Road widening lots must be provided when necessary. In determining appropriate improvement and road widening requirements, the building official may take into consideration the Maui County general plan, community plans, standards of title 18 of the Maui County Code, future roadway improvement plans, or any other development standard on file with the department. If road widening lots are required, a subdivision plat must be filed, and the director may approve the building permit should the preliminary subdivision plat generally conform to the requirements of the road widening lots request. The final plat must be approved by the director prior to the occupancy of the structure. B. The requirements of subsection A do not apply to: 1. Single-family dwellings when the total number of dwellings on a lot does not exceed three. 2. A project involving the use of County funds or County land. 3. A structure in the state agricultural district. 4. A structure that does not exceed $250,000 in value. 5. Other structures that do not include occupiable or habitable spaces. 6. Any property on Front Street between its intersections with Shaw Street and Baker Street that: a. Is within Maui County Historic District No. 1 or 2; and b. Contained a structure destroyed or damaged by an emergency or disaster proclaimed by the governor or mayor to constitute a state of emergency or local state of emergency, respectively, under section 127A-14, Hawaiʻi Revised Statutes. 7. Three properties immediately north of Baker Street, at 1010, 1024, and 1034 Front Street. ( Ord. No. 5895 , § 2, 2025; Ord. No. 5507 , § 2, 2023)