Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 9 - SUBDIVISION RULES OF THE ALOHA TOWER DEVELOPMENT CORPORATION › Section 19-170-195 - Completion of improvements for final map approval

Current through June, 2024
(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 required improvements, utilities, and facilities, and after
				  completion of the same in accordance with the approved construction plans and
				  approval of improvements by the executive officer, the executive officer shall
				  take action on the final map.
(c)
				  In lieu of completion of the required improvements, utilities, and facilities
				  prior to final map approval, the subdivider may enter into an agreement with
				  the development corporation, to assure the development corporation of the
				  construction, installation, maintenance, and services of such improvements,
				  utilities, and facilities as shown on the approved construction plans. The
				  executive officer, after execution and acceptance of the agreement, shall take
				  action on the final map.
(1) The agreement
				  shall be approved by the development corporation as to form and legality. The
				  agreement shall specify that the subdivider agrees to make, install, complete,
				  and provide services for all required improvements, utilities, and facilities
				  within a specified time to the satisfaction of the executive officer and shall
				  provide that if the subdivider fails to complete the work within the specified
				  time or provide the necessary services, the development corporation may collect
				  the full estimated cost from the subdivider, and complete the project. The
				  development corporation shall be authorized in the event of any default in
				  performance of work, services, or construction of improvements to use some or
				  all of the bond or security to cause the required work or services, including
				  engineering and administrative work to be done and for payment of all costs.
				  Failure of the subdivider to complete the work shall be a violation of this
				  subchapter. The subdivider shall be firmly bound by the specified time of
				  completion of all improvements. The time limit may be extended for one
				  six-month extension period which may be granted by the executive officer upon
				  recommendation of the subdivision committee. The agreement may provide for
				  partial withdrawal of the security, in money or bonds, as the work progresses,
				  upon certification of the executive officer. When a substantial portion of
				  required improvements has been completed to the satisfaction of the executive
				  officer and completion of remaining improvements is delayed beyond control of
				  the subdivider, the executive officer may consent to a reduction of the surety
				  bond or security proportionate to an amount estimated to be adequate to assure
				  completion of the remaining improvements. The agreement and bond to secure and
				  guarantee construction of improvements shall be so conditioned that the surety
				  executing the bond or making a deposit shall be firmly bound under continuing
				  obligation for the payment of all necessary costs and expenses, including
				  engineering and administrative expenses, incurred or expended by the
				  development corporation in causing any work to be done.
(2) The surety bond or other security that
				  must be filed with the agreement shall be in an amount not less than the cost
				  of all work and services required to be completed by the subdivider including
				  engineering and other administrative costs and approved by the executive
				  officer, and shall remain in effect until subdivision improvements are approved
				  by the executive officer. Cost estimates prepared by the subdivider shall be
				  delivered in writing to the executive officer for approval. No personal surety
				  bond shall be accepted by the executive officer. The security bond or security
				  shall be conditioned to be payable to the development corporation. Should the
				  subdivider fail to complete all work required within the specified time, the
				  development corporation may collect the moneys of the bond or security and
				  require all unfinished work to be completed, and the parties executing the
				  security bond shall be firmly bound to pay for all necessary cost therefor.
Securities shall be filed with the executive officer and
					 deposited with the development corporation.
A performance guarantee to be filed with the agreement
					 shall be one of the following:
(A) A
				  surety bond executed by the subdivider as principal, and a corporate surety
				  company authorized to do business in the State, as surety.
(B) A deposit of money made with the
				  executive officer or a responsible escrow agent designated by the executive
				  officer as the development corporation's agent.
(C) Where the subdivider has entered into a
				  contract with a responsible contractor for construction of improvements and
				  utilities, the subdivider shall file the following with the executive officer:
(1) a certified copy of the contract;
(2) a certified copy of the
				  contractor's performance bond; and
(3) a surety bond, other than personal
				  surety, of a sum equal to at least fifty per cent of the cost of all the work,
				  including engineering and administrative work required to be completed by the
				  subdivider as estimated upon consultations with the chief engineer, traffic
				  engineer, director of the city's department of parks and recreation, wastewater
				  management director and manager. The surety bond shall be payable to the
				  development corporation, and shall be conditioned as described above.
(D) Negotiable bonds or other
				  securities approved by the development corporation and the state director of
				  finance for