Haw. Code R. § 19-170-159 - Modifications

(a) The executive officer may modify provisions of this subchapter whenever the land to be subdivided or consolidated is of such size and shape or is affected by such location, or topographical condition, or is devoted to such uses that it is impractical in the particular case to conform fully to this subchapter; or if the subdivision or consolidation is by a public agency and in the public interest.

(b) Modification from specific compliance may be granted where a plan provides adequate public spaces and improvements for circulation, recreation, light, air, and all other needs of the development when fully constructed and populated, and covenants or other legal provisions are provided as will assure continued conformity to and achievement of the development.

(c) Modification requests must be in writing and substantiated by facts presented with the request, indicating that the modification is reasonably necessary and not contrary to the intent and purpose of this subchapter.

(d) Before granting any modifications, the executive officer may refer the request to the chief engineer, traffic engineer, wastewater management director, manager, or other appropriate agency for consideration, comments, or recommendations.

Notes

Haw. Code R. § 19-170-159

[Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5), 206J-7) (imp: HRS § 206J-7)