There is established and created a fund to be known as the “open space, natural resources, cultural resources, and scenic views preservation fund.” (Ord. 3128 § 1 (part), 2003)

A. The open space, natural resources, cultural resources, and scenic views preservation fund is established for the purpose of purchasing or otherwise acquiring lands or property entitlements for land conservation purposes in the County of Maui for the following purposes:

1. Public outdoor recreation and education;

2. Preservation of historic or culturally important land areas;

3. Protection of significant habitat or ecosystems, including buffer zones;

4. Preserving forests, beaches, coastal areas and agricultural lands;

5. Protecting watershed lands to preserve water quality;

6. Conserving land for the purpose of reducing erosion, floods, landslides, and runoff; and

7. Improving disabled and public access to, and enjoyment of, public land, open space, and recreational facilities.

B. In adopting each fiscal year’s budget and capital program, the council shall appropriate a minimum of one percent of the certified real property tax revenues to the open space, natural resources, cultural resources, and scenic views preservation fund. Any balance remaining in this fund at the end of the fiscal year shall not lapse, but shall remain in the fund, accumulating from year to year. The appropriations to this fund shall not substitute, but shall be in addition to, those appropriations historically made.

C. The revenues in this fund shall not be used for any purpose except those listed in subsection A of this section. No revenues in this fund shall be used for maintenance of lands acquired. (Ord. 3155 § 1, 2004; Ord. 3128 § 1 (part), 2003)

A. The director of finance shall establish a separate account to record revenues and supplemental transfers credited to, and expenditures made from, the fund. (Ord. 3128 § 1 (part), 2003)

A. The council may make appropriations from the open space, natural resources, cultural resources, and scenic views preservation fund to acquire interests in real property, including, but not limited to, conservation easements as defined in chapter 198, Hawaii Revised Statutes, pursuant to chapter 3.44 of this code for the purposes set forth in section 3.88.020.

B. The council may also make appropriations from the fund to provide grants to any non-profit land conservation organization that complies with section 501(c) of the Internal Revenue Code and any other requirements under federal, state, and County law regulating the conduct of charitable or nonprofit organizations; provided, that the purpose of any grant shall be for the acquisition of a specific parcel or parcels of property or property entitlements within the County for land conservation purposes as set forth in section 3.88.020.

C. A land conservation organization applying for a grant pursuant to subsection B shall provide the mayor or the mayor’s designee with a grant proposal that includes the following:

1. A description of the subject property, including but not limited to a tax map key number, area, features in need of conservation, a map, and other related information;

2. Demonstration that the subject property meets one or more of the special purposes outlined in section 3.88.020;

3. Justification for prioritization of acquisition of the subject property, including a recommendation for protection by a government agency, board, committee, or commission;

4. A brief overview of a long-term management plan for the subject property subsequent to acquisition; and

5. A description of efforts to obtain matching or other funds from non-county sources for the acquisition or management of the subject property. (Ord. 3155 § 2 (part), 2004)

Grant proposals shall be approved only upon satisfaction of the following criteria: (1) the proposal demonstrates that areas within the subject property with significant conservation, recreation, ecological, historical, cultural, or aesthetic values, or that are threatened by conversion from their natural or recreational state to other uses, will be protected; (2) the proposal demonstrates that areas within the subject property with significant ecological value can be effectively managed and protected; and (3) the proposal directly advances the objectives and policies set forth in the County’s community plan for the particular region the subject property is located in. (Ord. 3155 § 2 (part), 2004)

The mayor or the mayor’s designee shall ensure that each grant proposal submitted is complete and meets all of the criteria stated in section 3.88.050. The mayor or the mayor’s designee shall request appropriate agencies to review and comment on the grant proposal. Upon receipt of the agencies’ comments, the mayor or the mayor’s designee shall compile the agencies’ comments and determine whether the grant proposal should be approved. The mayor or the mayor’s designee shall obtain, or cause to be obtained, an appraisal of the property prepared by a qualified, disinterested appraiser, which appraisal shall be dated no more than one year from the date of the grant proposal. If the mayor or the mayor’s designee determines that the grant proposal should be approved, the grant proposal, the agencies’ comments, the appraisal, a proposed grant agreement, and a proposed budget ordinance amendment shall be transmitted to the council for its consideration. The amount of the grant shall be adjusted to reflect the cost of the appraisal to the County. (Ord. 3155 § 2 (part), 2004)

A. The grant agreement to the land conservation organization shall contain, among other things, provisions in substantially the following form:

1. “Title to the subject property acquired by grantee with funds wholly or partially provided under chapter 3.88, Maui County Code, shall be held in perpetuity by grantee unless conveyed to the County of Maui or another qualified land conservation organization or agency approved by the county council.”;

2. “The grantee shall submit to the mayor or the mayor’s designee annual reports for the first three years documenting progress toward implementation of the long-term management plan and compliance with terms and conditions of this grant. Each report shall be incorporated into the director of finance’s next quarterly report to the council. Subsequent annual reports will be provided to the County as specified in the perpetual conservation easement.”;

3. “In the event that the grantee dissolves, title to the subject property shall be conveyed to the County of Maui or to another qualified land conservation organization or agency approved by the county council.”;

4. “Pursuant to section 3.88.070(B), Maui County Code, the grantee shall convey to the County of Maui at closing a perpetual conservation easement.”;

5. “The subject property shall not be sold, exchanged, divested, or converted to other uses that are inconsistent with the purposes as set forth in the conservation easement without the prior approval of the county council by resolution.”; and

6. “The grantee shall not mortgage, hypothecate, or pledge the subject property or any portion thereof without the prior approval of the county council by resolution.”.

B. Subject to council approval pursuant to chapter 3.44 of this code, as amended, the land conservation organization shall convey to the County at closing a perpetual conservation easement. The easement shall contain, among other things, restrictive covenants in substantially the following form:

1. “This property has been acquired by (insert grantee’s name here) with funds from the Maui County open space, natural resources, cultural resources, and scenic views preservation fund. Upon dissolution of (insert grantee’s name here), title to this property shall be conveyed to the County of Maui or to another qualified land conservation organization or agency approved by the Maui county council.”;

2. “The general public shall be allowed reasonable access to this property, provided that access may be limited or controlled for cultural and environmental resource protection and public safety.”; and

3. “This property shall be managed for land conservation purposes only and shall not be converted to other uses except as approved by the Maui county council at such time as the potential conversions may be contemplated.”. 3.88.070

C. The escrow company used to complete the closing of the subject property shall provide the mayor or the mayor’s designee with copies of the closing documents, including a copy of the recorded deed, within sixty days of recordation of the deed. The escrow company shall be instructed that the conservation easement shall be recorded before, or at the time of, closing. (Ord. 3155 § 2 (part), 2004)