4078
ORDINANCE NO
82
BILL NO
2013
A BILL FOR AN ORDINANCE ESTABLISHING A PUBLIC WORKS COMMISSION AND
ELIMINATING THE TRAFFIC SAFETY
COUNCIL COMMISSION ON NAMING
SUBDIVISION ENGINEERING STANDARDS
STREETS PARKS AND FACILITIES
COMMITTEE AND MAUI COUNTY OUTDOOR LIGHTING STANDARDS COMMITTEE
BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI
SECTION 1
be
40
Chapter 2
appropriately designated
works commission
as
Title
appropriately designated
and to read
County Code
is amended
provided
in
by adding
chapter
There is established
as
section to
a
public
98 of this code
2
2 Maui County Code is amended by adding
and to read
a new
follows
as
Public works commission
40
2
220
SECTION 2
Maui
a new
chapter
follows
Chapter
98
2
PUBLIC WORKS COMMISSION
Sections
98
2
010
Establishment
98
2
020
Definitions
98
2
030
Powers and duties
98
2
040
Criteria for
98
2
010
Establishment
naming streets parks
A
Members
and facilities
There is established
a
public
works commission which shall consist of nine members and two alternates
by the mayor with the approval of the council The members shall
appointed
State of Hawaii licensed
consist of three
registered
knowledgeable
in the Hawaiian
and
one
member who is
a
State of Hawaii licensed
language
one
engineers
member who is
one
a
member who is
resident of Lanai
resident of Molokai One alternate shall be
a
registered
engineer
2 of the revised charter of the
operation Section 13
County of Maui shall apply to the public works commission in the same manner
B
Terms and
to be
as
said
provisions apply
to boards and commissions
recognized by
the revised
charter
C
The
of
public works shall provide staffing technical
and clerical services as may be required by the commission
D
The commission shall after consultation with the director of the
department of public works adopt rules of practice and procedure pursuant to
chapter 91 Hawaii Revised Statutes
E
All members shall serve without compensation but members shall
be entitled to receive actual travel and other expenses incurred in the performance
department
of their duties
98
2
020
in this
Definitions
the
chapter
following
Commission
Unless otherwise
terms shall have the
expressly stated whenever
following meanings
used
public works commission
Department means the department of public works
Director means the director of the department of public works or the
s designee
director
Existing facility means any facility accepted by dedication or whose
construction by the County was completed on or prior to September 6 1994
Existing park means any park whose deed was delivered to and accepted
the
by
County on or before September 6 1994
Existing street means any street whose deed was delivered to and
accepted by the County on or prior to September 6 1994
Facility means any building or other physical structure owned and
maintained by the County
Name means a designated word or phrase which distinguishes one
street park or facility from another
New facility means any facility accepted by dedication or whose
construction was completed after September 6 1994
New park means any park whose deed was accepted by the County after
September 6 1994
New street means any street whose deed was accepted by the County
after September 6 1994
Organization means any group of people who have organized
themselves formally or informally for the purpose of providing service to the
community including but not limited to partnerships corporations and
means
the
associations
Park
means an area
of land used
athletic
including playgrounds
by the County
by the public
fields beaches and
for recreational purposes
other areas owned and
maintained
Person
Plaque
Street
used
primarily
means
any individual
means
any type of commemorative
means
sign
or
highway street road alley lane
for vehicular
access
2
fixture
or
any other
roadway
98
2
030
Powers
and
duties
A
Regarding
traffic
safety the
commission shall
1
Serve
as
the traffic
safety
council
as
required by
section
6 Hawaii Revised Statutes as amended
286
2
Upon request advise assist and make recommendations to
the council on matters relating to traffic safety
3
Upon request make recommendations to the director on
requests from the public for maintenance of old government roads
50 of this code
provided in chapter 12
B
Regarding naming of streets parks
and
facilities
as
the commission
shall
Recommend
1
names
to the council and
or the
department
in
accordance with the criteria set forth in section 040
98 The commission
2
may also recommend
more
than
one name as
alternate choices for each
facility it has considered and
Upon request advise and assist any subdivider who desires
to name roads within a subdivision in the County
C
Regarding subdivision engineering standards and specifications
street park
or
2
the commission shall
1
Review
proposed modifications deletions or additions to
existing engineering
specifications which are adopted and
kept on file by the department the department of water supply and the
department of environmental management and transmit the same with
recommendations thereon to the respective departments
2
Review new engineering specifications and standards and
transmit the same with recommendations thereon to the respective
departments and
3
Upon request review proposed ordinances relating to the
standards of roads and related facilities in subdivisions and
D
Regarding outdoor lighting the commission upon request shall
1
Review and advise the department on outdoor lighting
matters involving projects within the County and
2
Review and advise the department on requests by persons
to add retrofit or remove an outdoor lighting fixture on County property
or public right
way
of
standards and
98
2
040
of
Criteria for
naming streets parks and facilities A Naming
private streets which include private highways
Owners of
private
roads alleys lanes and ways shall not name such private streets with names
similar to or closely resembling names of existing public streets within the
County The commission shall review and provide its recommendation on all
streets
proposed new private street names to the director
authority to approve or deny all proposed new private
B
Standards for naming streets
3
The director shall have the
street
names
I
Names of
existing streets Existing streets shall retain the
name which has been
historically accepted through common usage unless
the renaming of an existing street is processed pursuant to subsection F
2
Names of new public and private streets shall
a
Be named in the Hawaiian language or
b
Have an appropriate meaning and whenever
relate
s historic significance or follow a
to the area
possible
uniform theme i
e flowers fish people etc
3
The commission shall avoid as much as practicable using
a
street
C
than
name more
any island
parks and facilities
once on
Standards for
naming
existing parks or facilities Unless otherwise
renamed in accordance with the provisions herein existing parks or
facilities shall retain the name which has been historically accepted
through common usage When renaming an existing park or facility the
council may also include the name of a person or organization provided
the person or organization meets at least one of the criteria set forth in
1
Names of
subsection C
3
2
New
a
or
other
facility
parks
or
facilities may be named
For the
neighborhood community district region
identifying geographical location in which the park or
is
located
b
In
the
Hawaiian
language
in
a
manner
which
describes
significant features of the area or which describes the
function or purpose or
c
In exceptional cases a new park or facility may be
named for a person or organization where at least one of the
site
or
its use
criteria set forth in subsection C
3 is met
3
A
person name or an organization
s
s
connection with a park or facility where at least
may be used in
of the following
name
one
criteria is satisfied
The
a
association with the
b
located
park
or
organization
facility
or
has
a
significant
The
significantly
is
person
or
person
organization has contributed
to programs in the region in which the park or facility
or
c
recognition
on
The person or organization has achieved significant
the County state national or international level for
contributions to the
region or to the park or facility itself
4
When a person
s name is proposed as the name for a new or
or
existing park
facility the following information shall be included in the
proposal
a
The person
s full name date of birth and if
appropriate the date of death
b
The address of the person
s last residence
4
C
to be
facility
d
relevant
The association of the person with the
park
named
A brief
biography of the person including
to the commemorative naming and
e
or
Five
letters
of
from
recommendation
all data
various
community members at least one of which must be from the
County department which has the control and
of
maintenance
the park or facility confirming the contributions of
the individual to the region in which the park or facility is located
5
When an organization
s name is proposed as the name for a
new or existing park or facility the
following information shall be
included in the proposal
a
The organization
s name names of current officers
director of the
and
of formation and
directors date
b
A
association with the
c
address
description outlining the organization
s
to
or
and
be
park
facility
named
brief
Five
letters
community members
of
at least
from
recommendation
one
various
of which must be from the
director of the
County department which has the control and
park or facility confirming the contributions of
to
the region in which the park or facility is
organization
maintenance of the
the
located
Establishing commemorative plaques at parks or facilities in lieu
in addition to naming or renaming parks or facilities
1
Provided the director of the County department having
control and maintenance of the park or facility has sufficient funds to
establish erect and maintain such commemorative plaques the
D
of
or
commission
s
organization
may
recommend
be inscribed
the
to
council
that
a
s
person
such commemorative
or
in lieu
plaques
naming or renaming of such parks or facilities for
the person or organization
2
Requests for inscription on such plaques shall be processed
in accordance with the provisions set forth in subsection F
of
or
name
on
in addition to the
3
The commission
shall
consider the criteria set forth in
C and further require the information listed in subsections
3
5 be provided
C
subsection
CA
E
or
Use of the Hawaiian
1
Hawaiian
whenever Hawaiian
or
language
spelling and
names or
words
are
diacritical
used to
marks
name new
shall
be
used
streets parks
facilities
Appropriate diacritical marks shall be included on
for existing streets parks or facilities whenever those signs
repaired replaced or repainted
F
Procedure to adopt names for streets parks and facilities
2
5
all
are
signs
first
The mayor
I
or
the council may submit requests to the
commission
Requests for renaming a street park or facility shall be
submitted to the commission and the cultural resources commission
Members
2
of the
public including
name a street park
other
governmental
or facility on a form
may submit a request to
the
be
which
obtained
from the department
commission
approved by
may
Requests for renaming a street park or facility shall be submitted on a
entities
form
approved by
the commission and the cultural
resources
commission
which may be obtained from the department
3
Within sixty days after a request first appears on the
or the cultural resources commission
s agenda for
s and
commission
or the cultural resources commission shall
review the commission and
make its recommendation to the council regarding the proposal
or the
s and
The director shall transmit the commission
4
cultural
resources
s recommendations to the council within
commission
or the cultural
after the commission and
thirty days
resources
commission
has made its recommendations
The council may
5
or the cultural
and
resources
adopt modify
or
reject
the commission
s
Approval of
Approval of a
s recommendations
commission
renaming shall be by ordinance
by
adopting the street as County property
case
of
or
private streets
by the director in the
Public safety exception Notwithstanding the requirements
6
of this section existing streets may be renamed in whole or in part by the
council upon the request of the chief of police the fire chief or the
director provided the renaming is necessary to improve the response of
authorized emergency personnel
a
and
park
street
SECTION
as
a
resolution
060 Maui County Code is amended by amending
50
12
follows
approval of the request for surface
County traffic safety council public works commission
Recommendation
D
maintenance
name or
shall be
Section
3
subsection D to read
facility
name
by the
SECTION 4 Section
040
04B
16
for
040 Maui County Code is amended
04B
16
4 amended
1
Subsection 103
Code
as
4
1
103
Board
of code
appeals
to utilize materials
as
follows
Section 103 of the Uniform
amended by the State Fire Code is amended
subsection 103
4 to read as follows
1
Fire
to read
by amending
Board of variances and appeals
methods of construction other than
as
Any person desiring
specified by this code may apply to the administrative authority for approval
Any denial of such request may be appealed to the board of code appeals board
26B Maui
of variances and appeals as provided in chapter 116
26 of the 16
Code
County
or
6
Section
SECTION 5
7 to read
subsection 109
person
is amended
by amending
follows
Board of
7
11109
Any
as
109 Maui County Code
18B
16
code
appeals
to use materials or
desiring
Board of variances and appeals
methods of construction other than
as
specified by this Code code may apply to the director for approval Denial of
application for approval of materials or methods of construction not specified
by this Code code may be appealed to the board of code appeals board of
an
variances and appeals
as
provided
in
Maui
2613
26 16
16
chapter
County
Code
SECTION 6
40 to read
18
as
Title 18 Maui
County Code
is amended
by amending
the title of
follows
ADMINISTRATION GUIDELINES
010
40
18
establishment
Subdivision
Members
A
FOR ACCEPTANCE
010 Maui County Code is amended
40
18
SECTION 7 Section
engineering
There is established
to
read
standards
a
as
follows
committee
subdivision
engineering
standards committee which shall consist of nine members appointed by the
officio members Not less
mayor with the approval of the council and three ex
appointed members shall be registered professional engineers The
officio members shall be the planning director the director
nonvoting ex
and the director of water supply
2 of the revised charter of the
B
Terms and operation Section 13
County of Maui shall apply to the subdivision engineering standards committee in
the same manner as said provisions apply to boards and commissions recognized
by the revised charter Acceptance guidelines The County shall not take over
receive by dedication do any repair or construction work upon streets or
pavements water lines street lighting systems sewer lines or drainage system or
than three
three
in any way accept
as
subdivision hereafter
avenue or
this title
chapter
alley
or
as
public highways
opened
or
platted
any
in the
street
avenue
County
or
or
any
alley in any
existing
street
upon full compliance with the provisions of
otherwise deemed in the public interest by the council These
in the
County except
provisions shall not apply to the maintenance of old government roads
50 of this code
provided in chapter 12
Maui
is
in its
entirety
SECTION 8
36
Chapter 2
SECTION 9
38 Maui County Code is repealed in its entirety
Chapter 2
County Code
7
repealed
as
SECTION 10
Sections 020
40 030
2
40 and 040
2
40 Maui County Code
2
are
repealed
Subdivision
40
2
020
established
a
engineering
subdivision engineering standards
40
2
030
is established
a
standards committee
committee
as
There is
provided by law
Maui
Maui
County outdoor lighting standards committee There
County outdoor lighting standards committee as provided by
law
40
2
040
Traffic
safety council
There is established
a
traffic
safety
council
as
provided by law
SECTION 11 Section
40
2
140
is established
a
40 Maui County Code is repealed
2
140
Commission
commission
on
naming streets parks and facilities There
naming streets parks and facilities as provided by
on
law
SECTION 12 Section
40 Maui County Code is repealed
2
190
40 Board of code appeals
2
190
appeals as provided by law
SECTION 13
Sections
There is established board of code
020 18
40
18
030 and 18
40
040 Maui County Code
40
repealed
020
40
18
Standards committee
Powers and duties The subdivision
standards committee shall A Review all
engineering
engineering standards and
to
subdivisions
which
are
specifications relating
adopted and kept on file by the
department and the reviewing agencies
Review proposed modifications deletions or additions to such
B
existing engineering standards and specifications and transmit the same with
recommendations thereon to the respective departments
C
Propose the adoption of specifications and standards where none
heretofore existed and transmit the
respective departments
D
all
engineering
same
with recommendations thereon to the
and
Have power to
standards and
request its
ex
officio members to submit for review
specifications relating
to
subdivisions within their
control
030
40
18
Standards committee
Review
procedure
No
changes shall
be made to any engineering standards and specifications relating to subdivisions
which have been reviewed by this committee adopted and kept on file with the
respective departments
without the committee
8
having
first reviewed the
proposed
are
changes and transmitted
respective departments
040
40
18
receive
by
pavements
dedication do any
water
lines
alley
or
with their recommendations thereon to the
acceptance
repair
in the
shall not
provisions
provided in chapter
The
County
shall not take over
construction work upon
streets
or
lighting systems sewer lines or drainage system or
public highways any street avenue or alley in any
opened or platted in the County or any existing street
street
County except
otherwise deemed in
as
or
as
subdivision hereafter
this title
same
Guidelines for
in any way accept
avenue or
the
apply
to
50 of this
12
SECTION 14 Section
upon full
compliance with the provisions of
the public interest by the council These
the maintenance of old
government roads
as
code
110 Maui County Code is repealed in its entirety
35
20
Maui
County outdoor lighting standards committee A
There is established a Maui County outdoor lighting standards committee that
shall consist of seven members appointed by the mayor with the approval of the
officio members Preference in selection of members may be
council and two ex
to
one individual from each of the
given
following professions special interests
or disciplines an astronomer or space surveillance specialist a representative of
the visitor industry a wildlife biologist a representative of the business
community and an illuminating engineer or landscape architect The two non
officio members of the committee shall be one person designated by
voting ex
the chief of police of the County or the chiefs designated representative and one
person designated by the director
110
35
20
B
Members of the committee shall
years
beginning
seven
members
serve
staggered
terms of three
April 1 and ending on March 31 three years thereafter Of the
initially appointed three shall serve for a term of three years two
on
shall
serve for a term of two years and two shall serve for a term of
Section 13
2 of the revised charter of the County of Maui 1983 as
shall
apply
to the committee in the
boards and commissions
C
same
recognized by the
The committee shall
manner
as
said
one
year
amended
provisions apply
to
revised charter
serve as
advisor to the
department
of
public
works and environmental management The committee may review and advise the
department of public works and environmental management on outdoor lighting
involving projects within the County The committee shall review and
department of public works and environmental management on
requests by persons to add retrofit or remove an outdoor lighting fixture on
County property or public right
way
of
D
The committee shall after consultation with the department of
public works and environmental management adopt rules of practice and
procedure pursuant to chapter 91 Hawaii Revised Statutes
E
The department of public works and environmental management
shall provide staffing technical and clerical services as may be required by the
committee
matters
advise the
9
SECTION 15
printing
this
Material to be repealed is bracketed
bill the County
Clerk need not include the
New material is underscored
brackets the
bracketed material
or
In
the
underscoring
SECTION 16
approval
Sections
Sections 1 2 4 5 and 12 of this ordinance shall take effect upon
3 6 7 8 9 10 11 13 and 14 of this ordinance shall take effect upon the
confirmation of the entire
membership
of the Public Works Commission
APPROVED AS TO FORM AND LEGALITY
MICHAEL J HOPPER
Deputy Corporation
County of Maui
Counsel
ALL revised section
S
PWC
ORDS
MJH
13 order
3
10
doc
10
by
the council
WE HEREBY CERTIFY that the
day
of November 2013
C
BAISA
Robert
CARROLL
Chair
Chair
Vice
Gladys
BILL NO 82
Passed FINAL READING at the
I
Ist
foregoing
by
the
DATED AT WAILUKU
County of Maui
State of
Hawaii held
on
Eleanora
Donald G
Donald S
G Riki
CRIVELLO
GUZMAN
HOKAMA
Michael P
VICTORINO
Michael B
COUCH JR
Aye
Aye
Aye
Aye
Aye
Excused
Aye
Was transmitted to the
2
of the Council of the
the
vote
COCHRAN
Aye
Aye
following
meeting
2013
Mayor
of the
MAUI HAWAII this 1
st
S
County
day
Stacy
of Maui State of Hawaii
on
the 1 st
day
WHITE
of November 2013
of November 2013
cv
f
1
c
Us
LADYS C BAISA CHAIR
County of Maui
Council of the
L
Uj
c
r
JOSIAH K NISHITA DEPUTY COUNTY CLERK
County of Maui
LL
o
THE FOREGOING BILL IS HEREBY APPROVED THIS
1
DAY OF
2013
ALAN M ARAKAWA MAYOR
County of Maui
I HEREBY CERTIFY that upon
was
designated
as
ORDINANCE NO
approval
of the
4078
foregoing BILL by the Mayor of the County
of the County of Maui State of Hawaii
of
Maui
the said BILL
JOSIAH K NISHITA DEPUTY COUNTY CLERK
County of Maui
Passed First
Reading
on
October 18 2013
Effective date of Ordinance
November
except
Lu OI
Y
i
LU
Section
the
1
2013
see
16
of
Ordinance
I HEREBY CERTIFY that the
foregoing
is
No
a
true
the original of which is
4078
Clerk County of Maui State of Hawaii
on
and correct copy of Ordinance
file in the Office of the County
LL
r
O
rr
o
2z
V
00
Dated at Wailuku Hawaii
on
County Clerk County
of Maui