Subdivision and Consolidation Approval

A. Under section 8-5.3 of the revised charter of the County of Maui (1983), as amended, all subdivisions and consolidations, and all streets or ways within the County created for the purposes of subdividing land, must be approved by the director. B. Any person desiring to subdivide or consolidate land must submit plans and documents for approval. No subdivision plat may be filed with the bureau of conveyances or land court or state department of taxation until submitted to and approved by the director. Land must not be offered for sale in any subdivision, nor options or agreements for the sale of land in any subdivision be made, until approval for recordation of the final plat is granted by the director, unless the offer, option, or agreement expressly provides in writing that the sale of land in the subdivision may not occur nor become effective unless and until all applicable agreements and bonds are executed in accordance with section 18.20.190 , and approval for recordation of the final plat is granted by the director. C. The requirements of this title do not apply to a consolidation/resubdivision of two or more developable lots resulting in the same or fewer number of developable lots that existed before the consolidation/resubdivision action or to the establishment of easements for ingress and egress where no new developable lots are created together with the establishment of the easement subject to the following conditions: 1. Compliance with title 19 , or chapter 205, Hawaiʻi Revised Statutes, or both. 2. Compliance with chapter 18.08 , except for section 18.08.090 . 3. Compliance with chapter 18.12 , except for section 18.12.070 . 4. Compliance with chapter 18.24 . D. Parcels that have undergone consolidation/resubdivision under this subsection do not qualify for this exception with respect to any subsequent consolidation/resubdivision of any of the parcels. E. If the director finds that the subdivision will have a significant or substantial impact on public facilities or infrastructure, the director may impose requirements in title 18 that are appropriate. F. Except for family subdivisions as described in section 18.20.280 , a consolidation and a concurrent resubdivision that does not create additional developable lots, road widening lots, utility lots, and easements for access or utility purposes, the director must not approve any subdivision unless the subdivider provides written verification of a long term, reliable supply of water issued by the director of water supply as established in section 14.12.040 . G. The requirements of this title do not apply to subdivisions initiated or co-sponsored by the department, solely, and for no other purpose than the acquisition of property for road widening lots, roadway extension lots, roadway improvement projects, roadway realignment projects, drainage lots, utility lots, park lots, and easements for access or utility purposes, if the subdivisions comply with sections 18.12.020 , 18.12.030 , 18.12.060 , and 18.12.080 . All applicable provisions of this code still apply to the subsequent development of the remainder lots. Further, this provision does not extinguish pre-existing agreements or conditions imposed by special management area permits, building permits, or land entitlement agreements required as conditions of subdivision applications and approvals. All pre-existing conditions and roadway improvement obligations and agreements remain in effect and will be enforced solely by the director authorized to administer the subject agreements. "Notices of Intent to Collect" must be sent to property owners with outstanding obligations at the commencement of project funding, followed by collection notices to property owners at the time of right-of-way acquisition of County initiated or co-sponsored roadway projects. H. These requirements do not apply to a subdivision initiated by a landowner solely for the purpose of creating and conveying a historic preservation lot to either a land trust organization accredited by the Land Trust Accreditation Commission or a government agency, subject to the following conditions: 1. Compliance with title 19 , chapter 205, Hawaiʻi Revised Statutes, or both. 2. Compliance with chapter 18.08 . 3. Compliance with chapter 18.12 . 4. Compliance with section 18.16.250 . 5. Compliance with chapter 18.24 . 6. The proposed accredited land trust organization complies with section 501(c) of the Internal Revenue Code and any other federal, State, and County laws regulating the conduct of charitable or nonprofit organizations. 7. The historic preservation lot does not contain areas other than: a. Preservation areas identified in a preservation plan approved under chapter 6E, Hawaiʻi Revised Statutes, which may include historic sites, buffer zones, or other similar areas in the preservation plan. b. Areas necessary to provide pedestrian and vehicular access to preservation areas from a public or private street, an access easement from an adjacent parcel, or parking that may be limited or controlled for cultural and environmental resource protection and public safety to the historic sites. c. Areas surrounding the preservation areas that are proposed for preservation by the landowner. 8. The historic preservation lot must be encumbered by a restrictive covenant limiting its use to purposes related to the preservation plan, which may include without limitation the following purposes: parking, walkways, roadways, utilities, irrigation, landscaping, interpretative signage, walls, protective fencing, and open space. 9. Prior to issuing the final subdivision approval, the subdivider must present the department with a copy of a fully executed deed for the conveyance of the proposed historic preservation lot to an accredited land trust organization or a government agency that will be recorded or filed with the appropriate entity by the subdivider, at the cost of subdivider, on the issuance of the final subdivision approval. 10. All applicable provisions of this section apply to the subsequent development of the remainder lots and the historic preservation lot. ( Ord. No. 5593 , § 2, 2024; Ord. No. 4053, § 1, 2013; Ord. No. 3760, § 1, 2010; Ord. No. 3731, § 1, 2010; Ord. 3502 § 3, 2007: Ord. 2519 § 1, 1996; Ord. 2372 § 2, 1994: Ord. 789 § 1 (part), 1974: prior code § 11-1.4)