County council must approve community benefit gifts and land use conditions

property or real property derived from community benefit assessments or conditions of land use approvals. (a) Except as provided under the park dedication code, a gift or donation of money, securities, personal property or real property which is to be derived or acquired as a result of a community benefit assessment or by any condition of land use approval issued by the County or any of its agencies (including the council) shall only be accepted after consultation with and approval by the County council pursuant to this section. Likewise, any in-lieu determinations by the planning director shall be subject to the review and approval of the council. The planning department shall maintain a listing of all community benefit assessments and exactions on permit or approval conditions, and shall submit an annual report on the same to the council on or before the first day of March for the council’s review and use in the formulation of the capital budget and long-term strategic plan for the County. The report shall include, as a minimum, the following information: (1) The name of the relevant parties, landowners, donors, contributions; (2) The identification of the permit or approval name and number; (3) The nature and extent of the assessments or exactions, and the method by which any undetermined assessments or exactions are to be determined, valued and applied; (4) The deadlines and other timetables in which the assessments or exactions are to be determined and delivered or performed; (5) Financial impact statements for the assessment or exaction reported. (b) The dedication of roads and/or other infrastructure required as part of land use approvals shall be transmitted by resolution to the council using the procedure set forth in section 2-162.2, provided the department(s) or agency(ies) having oversight and maintenance of the infrastructure to be dedicated has been consulted, performed all necessary inspections, and recommends approval pursuant to the Hawai‘i County Code. (1992, ord 92-147, sec 1; am 2003, ord 03-148, sec 2.)2-162.1