HAR 19-170 — RULES OF PRACTICE AND PROCEDURE (Subchapter 1 to 9)

(a) No subdivision shall be granted tentative approval of the preliminary map or approval of the final map if the land is found by the executive officer, upon consultation with the chief engineer or other government agencies, to be unsuitable for the proposed use by reason of pro…

(a) The authority to approve, approve with conditions, or to disapprove the design of a subdivision shall be vested in the executive officer. The subdivider shall revise, delete, amend, and comply with the design requirements of the executive officer. (b) Design review shall be c…

(a) The standards for street rights-of-way shall be consistent with the standards approved by the City planning commission, but subject to approval only by the executive officer. (b) Rights-of-way and alignments are subject to the following: (1) The right-of-way and alignment of …

(a) Land shall be subdivided so as to provide each lot with satisfactory access to an adequate public street by means of either a public street or private street of approved width and improvements. Permanent easement for access to a street may be established upon approval of the …

(a) Drainage, water and sewer systems, and utility lines, including but not limited to those required for electric, communications, and street lighting, necessary for the general use of the occupants in the subdivision shall be installed by the subdivider. (b) Utilities shall gen…

The executive officer may require the designation and dedication of a right-of-way, easement, or easements of sufficient length and width to provide for a pedestrian way within a block; over or under streets, highways, or waterways; or to public shorelines, parks, or other facili…

Intersecting through streets shall determine the width and length of a block. The widths and lengths of blocks shall conform to the development plan. Where the subdivision is not covered by the development plan the widths and lengths of blocks shall be approved by the executive o…

The lot areas, width, and pattern of lot lines shall comply with the requirements of the development plan. Notes Haw. Code R. § 19-170-177 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5); 206J-7) (Imp: HRS § 206J-7)

Grading shall conform to the development plan. Notes Haw. Code R. § 19-170-178 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5); 206J-7) (Imp: HRS § 206J-7)

The authority to approve or to disapprove street names shall be vested in the executive officer, upon consultation with the department of land utilization of the City. Street names may or may not conform to article 8 of chapter 22, Revised Ordinances of Honolulu, as amended. Note…

Notes Haw. Code R. §§ 19-170-18 to 19-170-20

(a) The subdivider shall improve all streets, highways, and easements and install drainage facilities, sewer, water, street lights, traffic control devices, street trees, and utilities within the subdivision. If it is determined by the executive officer that the subdivision has b…

(a) Streets and highways shall be on a grade to permit proper drainage and shall have sidewalks, gutters, curbings, pavements, bridges, and other improvements as required by the executive officer upon consultation with the chief engineer and traffic engineer. (b) Streets shall be…

(a) Private streets used as principal access, abutting, or within a subdivision, shall be improved to conform to the requirements of this subchapter. The subdivider shall bear responsibility for private streets including maintenance and regulating traffic. (b) Private streets and…

Drainage and drainage structures and facilities including culverts and bridges, shall be installed in accordance with standards approved by the chief engineer. Notes Haw. Code R. § 19-170-183 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5), 206J-7) (Imp: HRS § 206J-7)

Street lights and related apparatus and appliances shall be installed by the subdivider, including street connections to public highways, in accordance with chapter 22, Revised Ordinances of Honolulu, or as otherwise approved by the executive officer. Notes Haw. Code R. § 19-170-…

Utility lines shall be installed in accordance with chapter 22, Revised Ordinances of Honolulu, or as otherwise approved by the executive officer. Notes Haw. Code R. § 19-170-185 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5), 206J-7) (Imp: HRS § 206J-7)

The subdivider shall provide an adequate and potable water supply and system including water mains and fire hydrants to and within the subdivision. The system shall conform to the requirements of the board of water supply. If a private water system is to be used, construction of …

(a) Each subdivision shall have an adequate and approved sewage disposal system. In every subdivision where connection to a sewer is practical and reasonable, the subdivider shall be required to install and connect an adequate sewerage system. (b) Sewers shall be designed based o…

Street monuments shall be placed and properly coordinated with government survey triangulation stations at all street intersections and angle points and at such intermediate points and of such standards as required by the chief engineer. Street monuments and bench mark elevations…

Street name signs for all streets within a subdivision shall be installed by the subdivider coincident with the construction of street improvements and utilities to serve the subdivision or made a part of the contract for subdivision improvements. The type and location of street …

Traffic signs and markings for controlling, safeguarding, or expediting vehicular and pedestrian traffic shall be installed by the subdivider in each subdivision, coincident with construction of street improvements and utilities, before the roadways are open to public traffic, an…

(a) To preserve and enhance scenic character and to prevent environmental problems in the subdivision and the surrounding community, subdivision construction plans shall include a planting plan to be reviewed and approved by the executive officer. Planting within the street right…

The subdivider shall develop a street tree planting plan for each subdivision indicating the quantities, locations, types, size, and planting specifications which shall be reviewed and approved by the executive officer. The subdivider shall plant the street trees in conformance w…

(a) Whenever a pedestrian way is designated for a subdivision, the minimum width shall be twelve feet except as otherwise approved by the executive officer. (b) Pedestrian overpass or underpass structures and improvements shall be designed and constructed by the subdivider based …

(a) After the subdivider has received tentative approval of the preliminary map from the executive officer, and before beginning construction of improvements, the subdivider shall prepare and submit construction plans and specifications showing details of grading, road constructi…

(a) After the subdivision has received tentative approval of the preliminary map and approval of the construction plans, the subdivider, as a condition to approval of the final map shall comply with either subsection (b) or (c). (b) The subdivider may proceed with construction of…

(a) The subdivider shall notify the executive officer at least one week in advance of the date the subdivider will begin construction, of the contractor's name, contract price, construction schedule, and any other pertinent information, and shall file four sets of prints of the a…

During construction, the work is subject to inspection at any time by the executive officer, or the executive officer's designee. Notes Haw. Code R. § 19-170-197 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5), 206J-7) (Imp: HRS § 206J-7)

(a) Upon completion of improvements, and prior to approval, the improvements shall be inspected by the executive officer, upon consultation with the chief engineer, traffic engineer, director of the city's department of parks and recreation, wastewater management director and man…

(a) The subdivider shall file with the development corporation such agreement and surety bonds as specified in this section to insure the adequacy and workability of provisions for repair and replacement of the subdivision improvements. (b) Approval of improvements for dedication…

As used in this chapter, unless the context clearly requires otherwise: "Aloha Tower complex" means that parcel of land described by section 206J-3, HRS. "Board" means the board of directors who constitute the governing body of the development corporation, as provided by section …

Upon receipt of certificates of completion of improvements from the required agencies and acceptance of the executed repair and replacement agreement and surety bond for dedication purposes, the executive officer shall grant approval of improvements. Notes Haw. Code R. § 19-170-2…

Any defect in the approval of a subdivision or consolidation applied for or obtained pursuant to this subchapter prior to the effective date of this subchapter may be cured retroactively and effective as of the date of the original approval. Notes Haw. Code R. § 19-170-201 [Eff M…

All petitioners shall comply with these rules of practice and procedures when appearing before the board. Procedures to be followed by the board, unless specifically prescribed in this chapter or by chapter 91, HRS, shall be those which, in the opinion of the board, will best ser…

(a) Any party to any proceeding before the board may appear pro se or be represented by an authorized representative. (b) When an individual acting in a representative capacity appears in person or signs a paper submitted to the board, the personal appearance or signature of that…

Up to five calendar days before the proceeding a petitioner may file an affidavit alleging that one or more of the board members has a personal bias or prejudice. Every such affidavit shall state the facts and reasons for the belief that bias or prejudice exists. Any member again…

(a) All requests, submittals, petitions, reports, maps, exceptions, plans, memoranda, and other papers required to be filed with the development corporation pursuant to any proceeding shall be filed within the time limits prescribed by law, rules, or by order of the board. The da…

Whenever a person or agency is required to take action within the period prescribed or allowed by this chapter, or by notice given under this chapter, or by an order, the chairperson may: (1) With or without notice, extend the period before the expiration of the prescribed period…

Notes Haw. Code R. §§ 19-170-26 to 19-170-27

(a) The adoption, amendment, or repeal of any rule of the development corporation may be made by the board on its own motion, or by petition of any interested person or agency. (b) Petitions for rulemaking shall conform to the requirements of § 19-170-17 and shall contain: (1) Th…

Any petition that fails in any material respect to comply with the requirements of this chapter or fails to disclose sufficient reasons to justify the institution of public rulemaking proceedings shall not be considered by the board. The board shall notify the petitioner in writi…

(a) Words used in the present tense include the future tense. (b) The singular number includes the plural; and the plural, the singular. (c) The word 'shall" is always mandatory. (d) The word "may" is always permissive. (e) Terms not defined in this chapter shall have the meaning…

If the board determines that the petition is in order and that it discloses sufficient reasons in support of the proposed rulemaking to justify the institution of rulemaking proceedings, the procedures to be followed shall be as set forth in this chapter and the applicable provis…

(a) Whenever, pursuant to a petition or upon its own motion, the board proposes to adopt, amend, or repeal any rule, a notice of proposed rulemaking shall be published at least once in a newspaper of general circulation in the State. The notice shall also be mailed to all agencie…

(a) The public hearing before the development corporation shall be presided over by the chairperson, or, in the chairperson's absence, by another board member or hearing officer designated by the board. A quorum of the board shall not be required in the conduct of a hearing. Inte…

The board shall consider all relevant comments and materials of record before taking final action in a rulemaking proceeding. Final action shall be taken within a reasonable amount of time following: (1) The final public hearing; or (2) The expiration of any extension period for …

The board may adopt emergency rules pursuant to the requirements of section 91-3(B), HRS. Notes Haw. Code R. § 19-170-34 [Eff MAY 5 2013] (Auth: HRS § 91-2) (Imp: HRS § 91-3)

Notes Haw. Code R. §§ 19-170-35 and 19-170-36

The development corporation was established for the purpose of undertaking the redevelopment of the Aloha Tower complex in order to strengthen the international economic base of the community in trade activities, to enhance the beautification of the waterfront, to better serve mo…