In their review of any application for reclassification of district boundaries pursuant to this Chapter, the Planning Commission and the County Council shall specifically consider the following:
(a) 
Whether a proposed reclassification will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare;
(b) 
Whether a proposed reclassification is consistent with the Kaua'i County General Plan, or any proposed amendment thereto which is part of a consolidated proceeding;
(c) 
"U" Urban District. In determining the boundaries for the "U" urban district, the following standards shall be used:
(1) 
It shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses.
(2) 
It shall take into consideration the following specific factors:
(A) 
Proximity to centers of trading and employment facilities except where the development would generate new centers of trading and employment.
(B) 
Substantiation of economic feasibility by the applicant.
(C) 
Proximity to basic services such as sewers, water, sanitation, schools, parks, and police and fire protection.
(D) 
Sufficient reserve areas for urban growth in appropriate locations based on a ten (10) year projection.
(3) 
Lands included shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects.
(4) 
No amendment of a land use district boundary of any lands into the urban district shall be approved unless the lands to be reclassified are contiguous to an existing urban district. As used herein, the term "contiguous" shall refer to situations in which the land to be reclassified physically adjoins an existing urban area and is not separated from an existing urban area by lands designated other than urban. Provided, that, lands that do not physically adjoin an existing urban area because they are separated by rights-of-way for pedestrian, vehicular, railway, irrigation or utility purposes, by roads, streets or highways whether public or private, by irrigation ditches, by rivers or streams, by lakes, ponds or reservoirs shall be deemed contiguous. The purpose of this Section is to insure orderly urban growth and to prevent scattered development, and the definition of "contiguous" shall be construed accordingly. The fact that applicant's property is contiguous to an urban district shall not, in and of itself, be an automatic basis for reclassification, and all other standards and criteria shall also be considered.
(5) 
It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the State and County General Plans.
(6) 
Lands which do not conform to the above standards may be included within this district:
(A) 
When surrounded by or adjacent to existing urban development; and
(B) 
Only when such lands represent a minor portion of this district.
(7) 
It shall not include lands, the urbanization of which will contribute towards scattered spot urban development, necessitating unreasonable investment in public supportive services.
(8) 
It may include lands with a general slope of twenty percent (20%) or more which do not provide open space amenities and/or scenic values if the County finds that such lands are desirable and suitable for urban purposes and that official design and construction controls are adequate to protect the public health, welfare and safety, and the public's interests in the aesthetic quality of the landscape.
(d) 
"A" Agricultural District. In determining the boundaries for the "A" agricultural district, the following standards shall apply:
(1) 
Lands with a high capacity for agricultural production shall be included in this district except as otherwise provided for in other sections of this Chapter.
(2) 
Lands with significant potential for grazing or for other agricultural uses shall be included in this district except as otherwise provided for in other sections of this Chapter.
(3) 
Lands surrounded by or contiguous to agricultural lands and which are not suited to agricultural and ancillary activities by reason of topography, soils and other related characteristics may be included in the agricultural district.
(4) 
Lands in intensive agricultural use or lands with a high capacity for intensive agricultural use shall not be taken out of this district unless the County finds either that:
(A) 
Such action will not substantially impair actual or potential agricultural production in the vicinity of such lands, and/or
(B) 
Such action is reasonably necessary for urban growth.
(e) 
"R" Rural District. In determining the boundaries for the "R" rural district, the following standards shall apply:
(1) 
Areas consisting of small farms; provided that such areas need not be included in this district if their inclusion will alter the general characteristics of the areas.
(2) 
Activities or uses as characterized by low density residential lots of not less than one-half (1/2) acre and a density of not more than one (1) single-family dwelling per one-half (1/2) acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low density residential lots.
(3) 
Generally, parcels of land not more than five (5) acres; however, it may include other parcels of land, which are surrounded by, or contiguous to this district and are not suited to low density residential uses or for small farm or agricultural uses.
(f) 
In its review of any petition for reclassification of district boundaries pursuant to this Chapter, the County shall specifically consider the following:
(1) 
The extent to which the proposed reclassification conforms to the applicable goals, objectives, and policies of the Hawai'i State Plan and relates to the applicable priority guidelines of the Hawai'i State Plan and the adopted functional plans;
(2) 
The extent to which the proposed reclassification conforms to the applicable district standards; and
(3) 
The impact of the proposed reclassification on the following areas of State concern:
(A) 
Preservation or maintenance of important natural systems or habitats;
(B) 
Maintenance of valued cultural, historical, or natural resources;
(C) 
Maintenance of other natural resources relevant to Hawai'i's economy, including, but not limited to, agricultural resources;
(D) 
Commitment of State funds and resources;
(E) 
Provision for employment opportunities and economic development; and
(F) 
Provision for housing opportunities for all income groups, particularly the low, low-moderate, and gap groups.
(Ord. No. 492, October 31, 1986)
(a) 
The Planning Commission may recommend, and the County Council may impose, conditions on any approved reclassification and in addition may require the applicant to dedicate land and/or to make inlieu monetary contributions to the Kaua'i County Housing Agency for the purpose of providing housing opportunities to eligible persons and families within the County. In approving an application for boundary change, the County may impose conditions necessary to uphold the general intent and spirit of the land use law and regulations and to assure substantial compliance with representations made by the applicant in seeking the boundary amendment. Such conditions may include, but are not limited to, the following:
(1) 
Staging of Development. The County may require any development proposed by the applicant to be coordinated and timed as necessary with the provision of public service systems such as schools, roads, drainage, and water services, including services provided by quasi-public utilities regulated by the Public Utilities Commission. The County shall periodically review the progress toward completion of any development proposed by the applicant in connection with the needs and standards of the relevant public service systems and may revise as necessary the timing schedule initially required.
(2) 
Connection with or Provision of Service Systems. The County may require the applicant to connect with existing public service systems, in order to prevent scatterization, sprawl, and costly leapfrog development. As an alternative, the County may authorize the provision by the applicant of private service systems, provided that:
(A) 
The applicant has demonstrated sufficient capacity in available land, capital, and projected market share to provide adequate services and facilities on an efficient basis;
(B) 
The services and facilities are projected for full or near-full utilization of system capacity within a reasonable time, at a level of demand to assure a unit cost comparable to that of the public sector;
(C) 
There has been satisfactory consultation with the appropriate public agencies during the project planning stage and that these public agencies are agreeable to the provision of private service systems by the applicant.
(3) 
Applicant's Intent, Capacity and Compliance with Representations. The County may require applicants to submit a development schedule providing for the completion of development within a reasonable time period; to demonstrate financial, organizational and legal capacity to undertake the development that is proposed; and to offer written assurances of compliance with any representations made by the applicant as part of the application for approval and any specific conditions attached to approval of said application.
(4) 
Special Conditions at the Request of State and County Agencies. In the review by State and County agencies of the petitions for boundary amendment filed with the County, the State and County agencies shall include in their recommendations, if any, special conditions that would be appropriate for the County's consideration.
(5) 
Dedications for Public Uses. The County may require the applicant to dedicate land, in amounts as specified by the County, for park and school sites; public rights-of-way; easements for beach and mountain access; and easements for public or private service and utility systems. Land dedications required by the County shall be also subject to applicable County ordinances. The County Council may request the appropriate County agency to report periodically to the County Council on the applicant's compliance with the dedication requirements imposed by the County Council.
(6) 
Dedications for Housing. The County may require the applicant to dedicate land or make an in-lieu monetary contribution, in an amount specified by the County, for the purpose of providing low cost or affordable housing. If affordable housing conditions are included in an existing or future ordinance or if such ordinance is silent, no other affordable housing conditions shall be imposed on or agreed to by the petitioner or buyers, unless required by the State Land Use Commission, ordinance, or Planning Commission condition approved by the Council.
(7) 
Monitoring. The County may require all applicants to submit periodic reports indicating what progress has been made in complying with any conditions that may have been imposed by the County under the provisions of this Section. Appropriate County and State agencies shall be informed of development approvals and asked to monitor such developments as consistent with their regular duties.
(8) 
Notice of Transfer. The County may require applicants to notify the County of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interests in the property covered by the approved application.
(b) 
Failure to Comply. The approval granted by the County on an application for boundary change may be reversed if the parties bound by the conditions attached to the approval fail to comply with said conditions.
(c) 
Applicability. Conditions, if any, imposed by the County shall run with the land and shall be binding upon the applicant and each and every subsequent owner, lessee, sub-lessee, transferee, grantee, assignee, or developer.
(d) 
Upon the showing of good cause by the applicant, the Planning Commission may recommend, and the County Council may approve, any modification or deletion of any of the conditions imposed. Requests for the modification or deletion of conditions shall be subject to the same procedural requirements applicable to an application for reclassification.
(Ord. No. 492, October 31, 1986; Ord. No. 614, November 27, 1992)
Notwithstanding any approval by the Real Property Division of the Department of Finance of the County of Kaua'i of a petition of a landowner within any district to dedicate his or her land for a specific ranching or other agricultural use under Section 5A-9.1, R.C.O. 1976, the Planning Commission may recommend the reclassification of, and the County Council may change, the land use district in which the land is situated.
(Ord. No. 492, October 31, 1986)
A change in the State Land Use District Boundaries pursuant to this Chapter shall become effective on the date designated by the County Council in its decision.
(Ord. No. 492, October 31, 1986)
Within sixty (60) days of the effective date of any decision to amend State Land Use District Boundaries by the County Council, the decision and the description and map of the affected property shall be transmitted to the Land Use Commission, the State Department of Business, Economic Development, and Tourism, and Office of State Planning by the County Planning Director.
(Ord. No. 492, October 31, 1986)