A. The council finds that preservation of historic properties enhances the educational, cultural, economic and general welfare of the county. It is deemed essential that the qualities relating to the history and culture of Maui County be preserved through comprehensive historic preservation planning. Implementation of chapter 6E, historic preservation, Hawaii Revised Statutes, Maui County general plan and the adopted community plans provide a means to perpetuate the value of various cultures of which our community is comprised.

B. It is the intent of this chapter to provide for:

1. Protecting and preserving historic properties and artifacts in the county and encouraging, where appropriate, their adoption for appropriate and feasible use;

2. Encouraging the restoration, rehabilitation and continued functional use of historic properties;

3. Encouraging the identification, preservation, promotion and enhancement of those historic properties which represent or reflect distinctive elements of cultural, social, economic, political and architectural history, and to encourage the designation of historic properties, thereby ensuring that our cultural and historic heritage will be imparted to present and future generations of residents and visitors; and

4. Formulating county-wide, comprehensive, historic preservation policies, programs and plans. (Ord. 1941 § 1, 1990)

A. For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms and words are defined as follows:

“Council” means the council of Maui County.

“County” means the county of Maui, a political subdivision of the State.

“Department” means the planning department of the county.

“Director” means the planning director of the county.

“Historic preservation” means the research, protection, restoration, rehabilitation and interpretation of districts, sites, buildings, structure, areas or objects, significant to the history, architecture, archaeology or culture of the county, State or nation.

“Historic properties” means any prehistoric or historic district, site, building, structure, area or object significant in the history, architecture, archaeology, or culture of the county, state and nation, including those listed on the Hawaii or national register.

“Mayor” means the mayor of the county.

“Professional” means a person with those qualifications enumerated in Appendix A of the Code of Federal Regulations, 36CFR61.

“State” means the State of Hawaii. (Ord. 1941 § 1, 1990)

A. There is established a commission to be know as the “Maui County cultural resources commission,” hereinafter referred to as the “commission.”

B. The commission shall consist of nine appointed members. The members shall be appointed by the mayor with the approval of the council and shall be chosen from professionals and person with special interest in the following disciplines: architecture, history, archaeology, planning, architectural history, Hawaiian culture, and ethnic history and culture of the county. The mayor shall solicit lists of two or more persons, recommended by community and professional organizations, such as the Maui Historical Society, and the Maui chapter of the American Institute of Architects, as well as the state office of Hawaiian affairs, for consideration in making commission appointments. Commission members should have a demonstrated interest, competence and knowledge in historic preservation.

C. The majority of the commission members shall be professionals in the disciplines of archaeology, planning, architecture or architectural history, Hawaiian culture or history, each having professional representation on the commission to the extent such professionals are available in the community. The commission shall also include members from different areas of the county, with at least one representative from each island, who possess a knowledge and interest in local area history. When one of the aforementioned disciplines is not professionally represented, the commission shall seek, through appropriate means, the expertise in the disciplines when considering national register nominations and other actions that will impact properties which are normally evaluated by a professional in such a discipline.

D. Section 13-2 of the Maui County charter shall apply to the commission in the same manner as said provisions apply to boards and commissions recognized by the charter.

E. All future appointments to the commission shall be made in such a manner as will ensure that the terms of the members of the commission shall conform to subsections C and D of this section. No provision of this section shall be deemed to extend or shorten the term of any current member of the commission. (Ord. 1941 § 1, 1990)

A. The commission shall annually elect from its membership a chairman and vice chairman for terms of office beginning on April 1 and ending on March 31 of the following year.

B. The commission may incur such expenses as may be necessary and proper and for which appropriations have been made by the council or any other appropriate person or agency. (Ord. 1941 § 1, 1990)

A. The commission shall hold meetings at least bimonthly. All meetings shall be open to the public, except as may be provided by law; and any person or a representative thereof shall be entitled to appear and be heard on any matter before the commission.

B. Special meetings may be called by the chairman, director, or by any three members of the commission. (Ord. 1941 § 1, 1990)

A. The commission shall advise and assist federal, state and county government agencies in carrying out their historic preservation responsibilities.

B. The commission shall provide public information, education, training and technical assistance relating to the national, state and county historic preservation programs.

C. The commission shall initiate, accept, review and recommend to the state historic preservation officer, historic properties nominations for inclusion on the Hawaii and national registers.

D. The commission shall maintain a system for the survey, inventory and nomination of historic properties and archaeological sites within the county, as well as a system of site monitoring, that is compatible with that of the state historic preservation office.

E. The commission shall administer the certified local government program of federal assistance for historic preservation within the county.

F. The commission shall provide design review for projects affecting any building or structure, site or district eligible for listing on the national or Hawaii register of historic places and shall request and consider the state historic preservation officers review and comment on all county undertakings, including the granting of permits. In its review, the commission shall consider the cultural significance of the site and its surroundings along with the Secretary of the United States Department of the Interior's standards for rehabilitation, as amended.

G. The commission shall develop and implement a comprehensive countywide historical preservation planning process, consistent with the state historical preservation plan, which includes the submitting of information pertaining to the state inventory of historic places to the state historic preservation officer.

H. The commission shall make recommendations to the council for the expenditure of gifts and grants accepted by the council for projects connected with the identification, rehabilitation, restoration and reconstruction of historic properties, the historic preservation planning process, and the promotion of exhibits and other information activities in connection therewith.

I. The commission shall, upon dissolution of the Maui historic commission, administer the provisions of the historic districts established in title 19 of this code, and shall advise the mayor, the council and the county planning commissions on the establishment of historic districts and regulations thereof.

J. The commission shall adopt rules and regulations of procedure and conduct, pursuant to chapter 91, Hawaii Revised Statutes.

K. The commission may review and comment on archaeological reports submitted as part of development proposals to various county agencies.

L. The commission may undertake any other action or activity necessary or appropriate towards the implementation of its powers or duties or towards the implementation of the purpose of this chapter. More specifically these may include, but not be limited to, the following:

1. Recommend new ordinances establishing special treatment districts and archaeological districts;

2. Review and recommend amendments to current policies and laws on the enforcement of existing codes relating to historic sites;

3. Continually reevaluate building code requirements and enact amendments that are more sympathetic to preservation or provide exemptions for historic properties;

4. Encourage the county, state and federal governments, and the private sector to implement appropriate management strategies, curatorships and meaningful interpretive programs at significant historical and archaeological structures, sites and districts; and

5. Assist in programs of historic preservation including presentations, films, exhibits, conferences, publications and other educational means which increase public awareness and participation in preserving the past. (Ord. 1941 § 1, 1990)

A. Any person or organization including the commission may submit nominations to the Hawaii or national register by submitting a completed nomination form to the state historic preservation officer.

B. The commission shall hold a public hearing after receiving notification from the state historic preservation officer of nominated historic properties with the county. At least ten days prior to the hearing, notice of the date, time, place and purpose of such hearing shall be published in a newspaper of general circulation in the county. Oral or written testimony concerning the significance of the proposed nomination shall be taken at the public hearing from any person.

C. The commission shall forward its report to the mayor within forty-five days after receiving notice from the state historic preservation officer. The report shall include findings on whether the property meets the criteria for nomination and a recommendation that the state historic preservation officer either nominate or reject the proposed nomination.

D. The mayor shall have fifteen days after receiving the report of the commission to send this report and a recommendation to the state historic preservation officer. The mayor's recommendation may, but need not, concur with the recommendation contained in the commission's report.

E. A determination by the commission and mayor that the application for nomination does not meet nomination criteria is not a final administrative decision. Appeals must be filed with the state historic preservation officer in writing, within thirty days after the nomination has been denied. (Ord. 1941 § 1, 1990)

The following documents on file in the planning department shall be used as a guide in matters pertaining to the review functions of the commission:

A. “Cultural resources management plan for Maui County” prepared by the planning department, dated May, 1984.

B. “Maui County general plan” and the adopted community plans.

C. “Proposal for the Historical Restoration and Preservation of Lahaina” prepared by Community Planning, Inc., dated May, 1961.

D. “The Architectural Style Book for Lahaina” prepared by John T. Jacobson, A.I.A., dated October, 1969.

E. “State Historic Preservation Plan” prepared by the state of Hawaii Department of Land and Natural Resources.

F. “Historic Preservation Program Guidelines” prepared by the National Park Service.

G. “Office of Hawaiian Affairs Guidelines for the Consideration of Traditional Native Hawaiian Values in Historic Preservation Review” dated 1988.

H. “Design Guidelines for Front Street Improvements” prepared by Belt Collins, et al., dated December, 1992.

I. “Lahaina Environmental Design Manual” prepared by Chapman, Phillips, Brandt, Reddick & Associates, dated October, 1975.

J. “The Secretary of the Interior's Standards for the Treatment of Historic Properties,” as amended.

K. Other reports, plans, studies, issue papers and memos as may be adopted by the commission. (Ord. 2576 § 1, 1997: Ord. 1941 § 1, 1990)

A. The director shall appoint a professional from the disciplines of archaeology, architecture, architectural history, Hawaiian culture, history or historic preservation, to serve as the liaison with the state historic preservation office pertaining to matters which deal with the purpose and intent of this chapter. The liaison may be an employee of the planning department or a member of the commission. The director shall provide technical, clerical, administrative functions, and any other duties delegated by the commission. (Ord. 1941 § 1, 1990)