How subdivisions are checked against county plans

A. This title shall be applied and administered within the framework of the County general plan, community plans, land use ordinances, the Maui County Code, and other laws relating to the use of land. The director shall not approve any subdivision that is not consistent with the County general plan, community plans, State land use classification, and zoning. B. The requirement of consistency of subsection A shall not apply to the following: 1. Subdivisions created solely for the purpose of dedicating land to the County or State or for lands otherwise acquired by the County or the State for public purposes; 2. Subdivisions for affordable housing or park purposes where the County is the applicant; 3. Subdivisions created solely for designating roadways; 4. Consolidations and resubdivisions where no additional developable lots are created; or 5. Large lots in subdivisions containing one or more large lots where the large lot(s) are inconsistent with the aforementioned plans, ordinances, codes, and law, provided that the owners, their heirs, executors, and assigns of the subdivision execute an agreement with the director to have each large lot be consistent with said plans, ordinances, codes, and laws then in effect upon actual development of the large lot, or future subdivision into lots which do not fall within the large lot definition. C. Except as permitted under subsection B, lands zoned interim shall not be subdivided. Under subsection B.5, only one interim zoned large lot shall be permitted from each interim zoned area in a parcel. D. The director shall determine whether a proposed subdivision is consistent with the County general plan, community plans, State land use classification, and zoning after consultation with the planning director. If the subdivision does not involve a special management area permit, planned development, or project district, the director shall impose any conditions necessary to ensure consistency of land uses and shall require that an applicant execute and record with the bureau of conveyances of the State of Hawaii or the land court of the State, as the case may be, a unilateral agreement incorporating such conditions, which shall be limited to a declaration of permissible uses. The unilateral agreement shall provide that the conditions shall run with the land and bind and constitute notice to all subsequent grantees, assignees, mortgagees, lienors, and any other person who claims an interest in the property. The agreement shall be enforceable by the County, by appropriate action at law or suit in equity, against the parties and their heirs, personal representatives, successors, and assigns. (Ord. No. 4053, § 2, 2013; Ord. No. 3962, § 1, 2012; Ord. No. 3760, § 2, 2010; Ord. 2299 § 2, 1994: Ord. 789 § 1 (part), 1974: prior code § 11-1.2)