Any department or agency of the State of Hawai'i or of the County of Kaua'i, or the owner of the property sought to be reclassified or his or her authorized representative, may file an application for a State land use district boundary amendment with the Planning Director. The County Council may, by resolution, refer an application for reclassification to the Planning Director for evaluation and processing in the same manner as any other application.
(Ord. No. 492, October 31, 1986)
Applications for reclassification shall be limited to boundary changes of lands fifteen (15) acres or less in size presently located in the State land use agricultural, rural, or urban districts. This Chapter shall not be used to transfer lands either into, or out of, the State Land Use Conservation District. This Chapter shall not apply to requests for reclassification of any parcel of land, or any combinations of contiguous parcels in common ownership, which would result in the reclassification of greater than fifteen (15) acres within any five (5) year period of time. In cases where further development beyond the initial fifteen (15) acres is planned within a five (5) year period, the total project will be referred to the State Land Use Commission for disposition. The County may consider future fifteen (15) acre phases beyond the initial fifteen (15) acre phase, provided that at least five (5) years have lapsed between the date of the initial approval and the date of the new application, and provided further that substantial construction has been completed on the initial development.
(Ord. No. 492, October 31, 1986)
Every application shall include the following:
(a) 
The legal names and addresses of all legal and equitable owners of the lands to be reclassified.
(b) 
The legal name and address of the applicant. If the applicant is not the owner, then he or she shall describe his or her relationship to the owner, and shall submit a written authorization from at least seventy-five percent (75%) of the legal and equitable owners of the lands to be reclassified authorizing the applicant to file the application on their behalf. If the applicant is a part-owner, but does not own seventy-five percent (75%) of the legal and equitable interest in the lands to be reclassified, then he or she shall submit a written authorization from such other co-owners as may be necessary to establish, together with the applicant's interest, seventy-five percent (75%) ownership of the legal and equitable interest in the lands to be reclassified, authorizing the applicant to file the application on their behalf.
(c) 
The legal description of the lands to be reclassified, the tax map keys for such lands, the total acreage to be reclassified, and maps identifying such lands and showing the proposed boundary changes.
(d) 
The reclassification requested, a description of the proposed development, the need for the reclassification and/or development, and the reasons for the request.
(e) 
Applications requesting a reclassification to an urban district shall include, but not be limited to, the following type of facts or data:
(1) 
Type of urban development proposed, such as single-family, multifamily, residential, planned development, resort, commercial, industrial, or other.
(2) 
Preliminary data such as projected number of lots; lot-size; number of units; densities; selling price; intended market; development timetables; and projected costs.
(3) 
The applicant's financial condition together with latest balance sheet or income statement.
(4) 
What significant effects, if any, upon the environment, agriculture, recreational, historic, scenic or other resource of the area.
(5) 
Preliminary development plans, topographic data, drainage, soil conditions, traffic or demographic studies, including charts, tables, analysis, and reports supporting the above data.
(6) 
Availability of public services and facilities such as schools; sewer; parks; water; sanitation; drainage; roads; police and fire protection; adequacy thereof, or whether public agencies providing said services or facilities would be unreasonably burdened by the proposed development.
(7) 
Location of proposed development in relationship to adjacent urban districts and developments whether contiguous or part of a self-contained center.
(8) 
Relationship to employment centers; potential for permanent employment opportunities.
(9) 
If residential development, whether development considers housing for all economic and social groups.
(10) 
County General Plan designation and whether amendments are necessary.
(11) 
Any unique planning or development feature; long range plans for adjacent areas or community development, changing characteristics of community or area in question.
(12) 
Facts to indicate why the proposed classification is necessary at this time and at this specific location.
(13) 
Facts indicating that the proposed classification is consistent with Chapter 205 H.R.S., and the Land Use Commission's District Regulations.
(14) 
An environmental impact statement, if required under Chapter 343 H.R.S. and the Environmental Impact Statement Regulations adopted thereto.
(15) 
If applicable, whether the proposed amendment will be in conformity with the Special Management Area requirements, Chapter 205A, Part II, H.R.S., and the rules and regulations adopted thereto.
(f) 
Applications requesting a classification into a rural or agricultural district classification shall provide the basic factual information that will meet the criteria for districting and classification of lands established by Section 205-2, H.R.S., and Part II and Part III of the Land Use Commission's District Regulations relating to establishment of State Land Use Districts and Land Use Regulations. All statements made to support applicant's contention that the proposed amendment is consistent with the land use law and regulations shall be supported by appropriate documentation in the form of reports, studies, maps, data, and other information that will provide a full record and will aid the County in rendering a sound decision. The application shall also include, but not be limited to the following:
(1) 
What significant effects, if any, upon the environment, agriculture, recreational, historic or other resources of the area.
(2) 
Soil conditions, drainage conditions, demographic or ecological studies, if any.
(3) 
County General Plan designation and whether a General Plan amendment is necessary.
(4) 
Facts to indicate why the proposed classification is necessary at this time and at this specific location.
(5) 
Whether the proposal is consistent with the Interim Statewide Land Use Guidance Policy, contained in the State Land Use Commission's District Regulation 6-1.
(6) 
An environmental impact statement, if required, under Chapter 343 H.R.S. and the Environmental Impact Statement Regulations adopted thereto.
(7) 
If applicable, whether the proposed amendment will be in conformity with the Special Management Area requirements, Chapter 205A, Part II, H.R.S., and the rules and regulations adopted thereto.
(Ord. No. 492, October 31, 1986)
(a) 
The applicant shall file an original and fifteen (15) copies of the application with the Planning Director.
(b) 
The applicant shall serve a copy of the application by certified mail, return receipt requested, on all persons, other than those owners represented by the applicant, with a property interest in the subject land shown on the real property records contained at the Real Property Division, Department of Finance, County of Kaua'i.
(c) 
The Planning Director shall serve a copy of the application on the Land Use Commission and the State Department of Planning and Economic Development.
(Ord. No. 492, October 31, 1986)
The application shall be accompanied by a fee of one hundred fifty dollars ($150.00). All publication costs of the public hearing notices for the application shall be paid from this fee. If publication costs exceed one hundred fifty dollars ($150.00), then the applicant shall be required to pay such additional costs.
(Ord. No. 492, October 31, 1986)