Conditions the County Can Attach to Land Reclassification

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: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.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:The applicant has demonstrated sufficient capacity in available land, capital, and projected market share to provide adequate services and facilities on an efficient basis;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;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.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.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.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.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.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.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.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.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.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.