§46-6  Parks and playgrounds forsubdivisions.  (a)  Except as hereinafter provided, each county shall adoptordinances to require a subdivider, as a condition to approval of a subdivisionto provide land in perpetuity or to dedicate land for park and playgroundpurposes, for the use of purchasers or occupants of lots or units insubdivisions.  The ordinances may prescribe the instances when land shall beprovided in perpetuity or dedicated, the area, location, grade, and other stateof the sites so required to be provided or dedicated.  In addition thereto,such ordinances may prescribe penalties or other remedies for violation of suchordinances.

(b)  In lieu of providing land in perpetuity ordedicating land, the ordinances may permit a subdivider pursuant to terms andconditions set forth therein to:

(1)  Pay to the county a sum of money deemed adequateby the county to purchase the park land the subdivider would otherwise have hadto provide or dedicate; or

(2)  Combine the payment of money with land to beprovided or dedicated, the value of such combination to be as deemed adequateby the county to purchase the total amount of land the subdivider wouldotherwise have had to provide or dedicate.

The method of determining such full or partialpayment shall be prescribed by the ordinances.  The ordinances shall alsoprovide that such money shall be used for the purpose of providing parks andplaygrounds for the use of purchasers or occupants of lots or units in thesubdivision.  Each county may establish by ordinance a time limit within whichit must spend the park dedication fees it has collected.

(c)  Pursuant to terms, conditions, andlimitations specified by the ordinances, a subdivider shall receive credit:

(1)  For privately-owned and maintained parks andplaygrounds;

(2)  For lands dedicated or provided for park andplayground purposes prior to the effective date of the ordinances.

(d)  Upon the provision of land in perpetuityor the dedication of land by the subdivider as may be required under thissection, the county concerned shall thereafter assume the cost of improvementsand their maintenance, and the subdivider shall accordingly be relieved fromsuch costs.

(e)  The ordinances adopted pursuant to thissection may provide, where special circumstances, conditions, and needs withinthe respective counties so warrant, for such exemptions and exclusions as thecouncils of the respective counties may deem necessary or appropriate and mayalso prescribe the extent to and the circumstances under which the requirementstherein shall or shall not be applicable to subdivisions.

(f)  For purposes of this section certain termsused herein shall be defined as follows:

(1)  "Approval" means the final approvalgranted to a proposed subdivision where the actual division of land intosmaller parcels is sought, provided that where construction of a building orbuildings is proposed without further subdividing an existing parcel of land,the term "approval" shall refer to the issuance of the building permit.

(2)  "Dwelling unit" means a room or roomsconnected together, constituting an independent housekeeping unit for a familyand containing a single kitchen.

(3)  "Lodging unit" means a room or roomsconnected together, constituting an independent housekeeping unit for a familywhich does not contain any kitchen.

(4)  "Parks and playgrounds" mean areas usedfor active or passive recreational pursuits.

(5)  "Subdivider" means any person whodivides land as specified under the definition of subdivision or who constructsa building or group of buildings containing or divided into three or moredwelling units or lodging units.

(6)  "Subdivision" means the division ofimproved or unimproved land into two or more lots, parcels, sites, or otherdivisions of land and for the purpose, whether immediate or future, of sale,lease, rental, transfer of title to, or interest in, any or all such lots,parcels, sites, or division of land.  The term includes resubdivision, and whenappropriate to the context, shall relate to the land subdivided.  The term alsoincludes a building or group of buildings, other than a hotel, containing ordivided into three or more dwelling units or lodging units.

(7)  "Privately owned parks and playgrounds"mean parks or playgrounds and their facilities which are not provided inperpetuity or dedicated but which are owned and maintained by or on behalf ofthe ultimate users of the subdivision pursuant to recorded restrictivecovenants.  Where the privately owned park is a part of the lot or lots on whicha building or group of buildings containing or divided into three or moredwelling units or lodging units is constructed, it shall not be required thatthe private park or playground meet county subdivision standards nor shall thearea of the private park or playground be deducted from the area of the lot orlots for purposes of zoning or building requirements. [L 1967, c 294, §1; HRS§46-6; am L 1970, c 140, §1; am L 1977, c 208, §1; am L 1979, c 105, §5 and c199, §1; gen ch 1985]