The council finds that the State of Hawaii department of business and economic development has projected that the county’s average visitor population and total number of hotel units will both increase by approximately one hundred and thirty percent between 1985 and 2010.

In order to preserve the traditional social, economic, and environmental values of our community, and to ensure that the county’s infrastructure is not overburdened, construction of hotel rooms must be limited for an interim period.

The council finds that the county is entering a unique period of long-range planning since the county’s general plan and its nine regional community plans must undergo a ten-year review pursuant to section 8-8.3 of the revised charter of the county of Maui 1983 (1989 edition), the county’s comprehensive zoning ordinance is being redrafted by the department of planning, and various infrastructural and housing master plans and projects are being developed by both the State and county.

The council further finds that the areas comprising the Lahaina and Kihei-Makena community plan regions have been the areas most adversely affected by the impacts of rapid hotel development.

The council believes that the interim restrictions upon hotel development would allow the county adequate time to conduct studies, prepare and implement infrastructural and housing master plans, implement the general plan of the county of Maui, and promote the public health, safety and welfare. (Ord. 1997 § 1 (part), 1991)

The ordinance codified in this chapter is adopted pursuant to article VIII of the constitution of the State of Hawaii, the charter of the county of Maui, and the authority granted to the county by chapters 46, 205, and 205A of the Hawaii Revised Statutes. (Ord. 1997 § 1 (part), 1991)

Whenever used in this chapter, unless a different meaning clearly appears from the context:

“Council” means the council of the county of Maui.

“County” means the county of Maui.

“Hotel” means a building designed for occupancy as the more or less temporary abiding place of transient individuals who are lodged with or without meals, in which there are more than twenty guestrooms, which rooms may be equipped with cooking facilities. (Ord. 1997 § 1 (part), 1991)

Unless otherwise provided for in this chapter, the provisions of this chapter shall apply to all existing hotels and hotels to be constructed within the planning area description as set forth within the Kihei-Makena and Lahaina community plans. (Ord. 1997 § 1 (part), 1991)

From the effective date of the ordinance codified in this chapter, no person, department, or agency of the county shall issue any permit for the development of any hotel within the Kihei-Makena community plan region until all of the following have been completed:

A. Council action, if any, regarding the review of the Kihei-Makena community plan region pursuant to chapter 8 of the revised charter of the county of Maui 1983 (1989 edition) is complete;

B. The council adopts the proposed comprehensive zoning ordinance revisions allowing hotel construction in the Kihei-Makena community plan region;

C. A traffic master plan for the Kihei-Makena community plan region is adopted by the council;

D. A drainage master plan for the Kihei-Makena community plan is adopted by the council; and

E. The capacity of the Kihei wastewater treatment plant is increased to six million gallons per day. (Ord. 1997 § 1 (part), 1991)

From the effective date of the ordinance codified in this chapter, no person, department, or agency of the county shall issue any permit for the development of hotels within the Lahaina community plan region until all of the following have been completed:

A. Council action, if any, regarding the Lahaina community plan region, pursuant to chapter 8 of the revised charter of the county of Maui 1983 (1989 edition) is complete;

B. The council adopts the proposed comprehensive zoning ordinance revisions allowing hotel construction in the Lahaina community plan region;

C. A traffic master plan for the Lahaina community plan region is adopted by the council;

D. A drainage master plan for the Lahaina community plan region is adopted by the council;

E. Increment II of the state housing finance and development corporation’s Lahaina masterplanned development has been completed; and

F. Phase II of the Lahaina bypass (state) highway has been completed. (Ord. 1997 § 1 (part), 1991)

The ordinance codified in this chapter shall not prevent the following:

A. The processing, approval, or granting of any permit or approval application for hotel development which is complete and has been properly filed with the county prior to the effective date of the ordinance codified in this chapter;

B. The processing, approval, or granting of any permit or approval for hotel development for which a special management area permit has been granted prior to the effective date of the ordinance codified in this chapter;

C. The issuance of any permit or approval which was lawfully issued, or granted and is in effect on the effective date of the ordinance codified in this chapter;

D. The granting of necessary permits or approvals for maintenance, repair and alteration which do not create additional guest rooms;

E. The expansion of existing hotels older than twenty years would be allowed; provided, that such expansion cannot exceed fifty percent of the existing number of guest rooms even if the zoning allows for greater density; and

F. The processing, approval, or granting of special management area use permits by the appropriate planning commission. (Ord. 1997 § 1 (part), 1991)

The provisions of the ordinance codified in this chapter shall be applicable to the aforementioned community plan regions until satisfaction of the conditions provided in section 19.82.050 and section 19.82.060 of this chapter, or December 31, 1992, whichever is sooner. (Ord. 1997 § 1 (part), 1991)

Any person who violates any provisions of this chapter shall be subject to the provisions of chapter 19.46 of this code.

In addition to the provisions of chapter 19.46, the corporation counsel is authorized to commence legal action in a court of the appropriate jurisdiction to restrain and enjoin any person, department, or agency who violates any provision of this chapter.

The remedies provided in this section shall be cumulative and not exclusive. (Ord. 1997 § 1 (part), 1991)