It is the purpose of this chapter to establish procedures in order to implement the provisions of section 205-3.1, Hawaii Revised Statutes, pertaining to petitions for boundary change/reclassification of state land use district boundaries involving lands fifteen acres or less presently classified as agricultural, rural or urban and to delegate certain responsibilities for the administration of this chapter to the Maui planning commission. (Ord. 1534 § 1 (part), 1986)

A. Any department or agency of the State or county or any person having a legal or equitable interest in property or a person acting as the authorized representative of such person with a legal or equitable interest in the land for which a boundary change/reclassification is sought may file an application with the appropriate planning commission of the county by filing the application with the county planning department.

B. The application shall include:

1. The legal name and mailing address of the applicant;

2. Where the applicant is the legal owner or lessee, evidence that:

a. The applicant is the legal owner or lessee of record of the property for which the application is being submitted; and

b. The applicant is the fee owner or holds the subject property for an unexpired term which is more than five years from the date the application is accepted by the planning department;

3. Where the applicant is not the legal owner of the subject property, a notarized document from the legal owner authorizing the application; provided, however, that this requirement shall not apply to revisions or amendments proposed by the planning director or the county council;

4. A legal description, a map, and a site plan prepared by an engineer or land surveyor registered in the State of Hawaii showing the existing and proposed buildings, landscaping, parking, and access of the real property for which the boundary change/reclassification is being sought;

5. A description of the proposed project;

6. A description of the boundary change/reclassification being requested;

7. A composite plan using tax maps showing the boundaries of all parcels within five hundred feet of the subject property boundaries;

8. A nonrefundable filing fee as set forth in the annual budget of the county; provided, that no filing fee shall be required of the county;

9. A list, compiled within the thirty-day period preceding the acceptance of the completed application by the planning department, of the names of all of those on record as owners and lessees of real property located within five hundred feet of the real property which is the subject of the application, their tax map key numbers, and their addresses as this information is recorded in the state conveyance tax affidavits, real property assessment lists, and addresses located at the real property tax division of the county; provided, that in the case of property ownership pursuant to section 514A-1 et seq. of the Hawaii Revised Statutes, the applicant may rely on any ownership lists containing names and addresses as are provided by any homeowner's association or managing agent; and

10. Such other information as may be required by the planning director or the appropriate planning commission of the county.

C. The applicant shall, upon acceptance of the completed application by the planning department, give notice of the application by the planning department, give notice of the application to those on record as the owners and lessees of real property located within five hundred feet of the real property which is the subject of the application as follows:

1. By mailing a copy of the notice by certified or registered mail, return receipt requested, to all of those persons identified in paragraph (B)(9) of this section; and

2. By publishing a copy of the notice in a newspaper of general circulation in the county, once a week for three consecutive weeks prior to any public hearing.

For purposes of this section, notice shall be considered validly given upon compliance with the mailing provision herein and upon publication of notice pursuant to subsection (C)(2) of this section. (Ord. 1970 § 2, 1990: Ord. 1867 § 1 (part), 1989; Ord. 1534, § 1 (part), 1986)

A. The appropriate planning commission shall serve a copy of the application upon the state land use commission and the state department of planning and economic development and shall notify these agencies of the time and place of the public hearing provided for in this section.

B. The appropriate planning commission shall thereupon conduct a public hearing on the application for the requested reclassification/boundary change, notice of which shall be published in a newspaper of general circulation in the county at least thirty days prior to the date of the hearing so noticed. At least six days prior to any planning commission hearing or meeting on the application for the requested reclassification/boundary change, the planning director shall transmit his analyses and recommendations to the appropriate planning commission and shall make such documentation available for public review. After completion of the hearing, the appropriate planning commission shall submit to the county council a report with such recommendations as the facts may warrant, together with a transcript of the hearing or a summary of the evidence and testimony taken. (Ord. 1970 § 3, 1990: Ord. 1534 § 1 (part), 1986)

A. Upon receipt of the appropriate planning commission's report and recommendations, the county council shall consider the application and may adopt the findings and recommendations, in whole or in part, or otherwise act upon the report and transcript or summary, and, in the council's discretion, hold further hearings and take further evidence and testimony in connection therewith, before taking final action.

Final action approving an application shall be by the adoption of an ordinance; provided, however, that lands identified by the state as important agricultural lands needed to fulfill the purposes of conserving and protecting agricultural lands, promoting diversified agriculture, increasing agricultural self-sufficiency and assuring the availability of agriculturally suitable lands, shall not be reclassified without meeting the standards and criteria established by the legislature and enactment of an ordinance approving the reclassification of such lands by an affirmative vote of at least two-thirds of the council's membership rather than the usual majority.

B. Prior to the enactment of an ordinance effecting any reclassification/boundary change, the council may impose conditions upon the applicant's use of the property, fulfillment of such conditions to be prerequisite to the adoption of such ordinance or applicable part thereof. Such conditions shall have already been performed prior to council action on the reclassification/change of boundary or be enforceable by the county after council action. Conditions shall be fulfilled within the time limitation established by the council, or, if no time limitation is established, within a reasonable time. Such conditions, if any, shall run with the land and be recorded in the bureau of conveyances or filed with the assistant registrar of the land court. Conditions shall be imposed only if the council finds such to be necessary to prevent adverse effects upon public health, safety and welfare, and shall be reasonably conceived to fulfill needs arising directly out of proposed land use in the following respects:

1. Protection of the public from the potentially deleterious effects of the proposed use; or

2. Fulfillment of the need for public service demands created by the proposed use.

Such conditions shall be enforceable by the county, by appropriate action at law or equity, against the parties and their heirs, personal representatives, successors and assigns, and shall run with the land.

C. Within sixty days of the effective date of enactment of an ordinance amending the state land use district boundaries a certified copy of the ordinance and a description and map of the affected property shall be transmitted to the state land use commission and the state department of planning and economic development by the county planning director. (Ord. 1970 § 4, 1990: Ord. 1534 § 1 (part), 1986)

The processing of an application for the reclassification of the state land use district boundaries may be consolidated with applications pertaining to the county community plans and land zoning ordinances; provided, that the procedural requirements are followed. (Ord. 1534 § 1 (part), 1986)

Each planning commission of the county is authorized to make, amend, and repeal rules and regulations, not inconsistent with this chapter, to carry into effect the purposes thereof, which rules and regulations shall be subject to chapter 91 of the Hawaii Revised Statutes. (Ord. 1970 § 5, 1990: Ord. 1534 § 1 (part), 1986)