Family subdivisions

A. Purpose. The purpose of this section is to authorize owners of property to transfer interests in their property to family members without immediate compliance with the requirements for subdivision improvements. B. Deferral of subdivision requirements. The director shall approve a request for subdivision approval and temporarily defer subdivision requirements required by this chapter for the sole and limited purpose of authorizing a transfer of interest or title from the subdivision applicants to the other person(s) under the following conditions: 1. The applicant must be an owner of real property who is: a. A parent who intends to transfer property to a spouse or children; or b. Siblings who intend to divide among themselves property received from a parent or grandparent. 2. The transfer shall be immediate and shall be limited to the following persons who are related to the applicant by blood, adoption or marriage: spouse, children, brothers and sisters. The intended transferee(s) shall be designated by the applicant(s) at the time of the application. Proof of the relationship shall be required by the director. 3. The purpose of the transfer shall not be to provide housing or other uses. 4. No building permit or additional water service shall be requested by the applicants, transferees, subsequent grantees or vendees, assignees, lienors, or other persons claiming interest in the subject property without full compliance with all subdivision requirements then in effect and all rules of the reviewing agencies; compliance with the subdivision requirements and the rules of the reviewing agencies shall mean compliance relative to the parcel of land prior to subdivision and not to the parcels created pursuant to the deferral granted by this section. The director shall not issue a building permit, and the director of water supply shall not approve of water service, for the subject property or any subdivided parcel thereof unless the requirements set forth in this chapter are fully completed. C. Agreement. The provisions of this section shall be implemented through an agreement between the department, the department of water supply, the department of fire and public safety, the department of environmental management, the owners of the property and the transferee(s), and the conditions imposed by this section shall run with the land and shall bind and constitute notice to all subsequent grantees, assignees, mortgagees, lienors and other persons who claim an interest in the subject property. The agreement shall be in recordable form and shall be recorded with the bureau of conveyances of the State of Hawaii or the land court of the State of Hawaii, or both. D. Notice required. The conveyance document(s) to the intended transferee(s) shall be submitted to the County prior to final subdivision approval. The document(s) shall contain a reference to the agreement required by this section, including a specific reference to the prohibition on the issuance of building permits and water meters. E. Signatures required. No application for subdivision approval under this section shall be approved unless all owners of the property and all designated transferees execute the agreement referred in subsection C of this section. (Ord. No. 4053, § 58, 2013; Ord. 1656 § 1, 1987)