Section 19-170-164 - Preliminary map; action Upon review and report by the subdivision committee and other governmental agencies as required, the executive officer shall act upon the preliminary map as follows:
(1) Tentative approval of the preliminary map is subject to the following: (A) Tentative approval of the preliminary map means that the preliminary map conforms to all the requirements of this subchapter. It authorizes the subdivider to proceed with preparation of construction plans for streets, utilities, and other improvements and requirements as may be required by the executive officer and to proceed with preparation of the final map.(B) In the case of a subdivision which does not involve construction or widening of streets or highways, or construction of utilities, including sewer and water mains, the subdivider, after obtaining tentative approval of the preliminary map, may prepare a final map of the proposed subdivision. Approval of the final map may be granted upon certification of the chief engineer and manager that, where required, an adequate deposit or deposits for installation of necessary service laterals have been made for water and sewer service connections.(C) Any proposed subdivision at the time tentative approval of the preliminary map is granted, shall be required to conform to any changes or amendments to this subchapter or other applicable laws, rules, standards, and policies in effect at the time. New or amended standards shall be required to be met as a condition of permitting an extension of time.(2) Disapproval by the executive officer means the preliminary map does not conform to all or portions of the requirements of this subchapter.(3) Deferral by the executive officer means the preliminary map requires further consideration, study or consultation, or additional reports or data are required from the subdivider, or minor changes to the preliminary map are required. The deferral shall be for a period of ninety days. A request for an extension of the deferral may be made by the subdivider in writing to the executive officer stating the reasons therefor, prior to the expiration of the ninety-day period. One 180-day extension may be granted by the executive officer. Failure to receive tentative approval of the preliminary map within the ninety-day or 180-day deferral period shall automatically terminate all proceedings, and the application shall become null and void. To reactivate an application, a new application and a new preliminary map shall be filed with the required filing fee.(4) Actions of the executive officer shall be reported in writing directly to the subdivider stating or describing reasons, requirements, or any conditions of action on the preliminary map.(5) Tentative approval of the preliminary map shall not be entered in writing on the map or be construed to mean approval of the subdivision for recordation or any other purpose.(6) If the proposed subdivision covers only a portion of a large tract or parcel of land, the action of the executive officer shall be directed to only that portion of the large tract or parcel. Each and every other portion shall constitute a separate action, and each portion shall be submitted as a new application.(7) If the preliminary map is disapproved, the stamp of disapproval shall be issued on a copy or print of the preliminary map.(8) In a subdivision which involves no streets, drainage, or other improvements, the preliminary map may be approved by the executive officer as a final map, provided the preliminary map meets requirements of a final map.Haw. Code R. § 19-170-164
[Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5), 206J-7) (Imp: HRS § 206J-7)