Exemption for Eligible Resort Projects

The purpose of this Section is to provide a process for identifying, and for registering eligible resort projects that are exempt from Sec. 8-28.3(a)(1).The owner of any eligible resort project shall have one year from November 20, 2011 to file an application with the Planning Director to register an eligible resort project as exempt from Sec. 8-28.3(a)(1). The application shall include an itemization of actual costs with reference to exhibits containing proof of expenditures actually made before December 5, 2008.The Planning Director shall approve and register as exempt any eligible resort project, or portion thereof, which meets the criteria in Subsection (c)(1) and either Subsection (c)(2) or (c)(3):The eligible resort project must be composed of one or more lots or parcels that are located in a Visitor Destination Area that was approved and established prior to December 5, 2008, pursuant to a Project VDA Ordinance or the eligible resort project must be composed of one or more lots or parcels that are located in zoning districts that were approved and established prior to December 5, 2008, pursuant to a Project Zoning Ordinance.Either the owner or the owner's predecessor-in-interest must have obtained the governmental approvals for and expended substantial sums on any of the following prior to December 5, 2008:Any on-site improvements or off-site improvements authorized by the Project VDA Ordinance or the Project Zoning Ordinance; orAny on-site improvements or off-site improvements required to be constructed pursuant to the conditions of approval contained in the Project VDA Ordinance or the Project Zoning Ordinance.The owner or the owner's predecessor-in-interest must have complied with Article 3 of the Housing Policy for the County of Kaua'i (Ordinance No. 860), or paid an in-lieu fee or dedicated land pursuant to an affordable housing agreement with the County, prior to December 5, 2008, in fulfillment of any workforce housing or affordable housing condition contained in the Project VDA Ordinance or the Project Zoning Ordinance.The owner shall have the burden of proof by a preponderance of the evidence in establishing that the eligible resort project is exempt.The Planning Director shall have 120 days after acceptance of a completed application to approve or deny the registration of an eligible resort project as exempt. If the Planning Director denies the application, the owner may appeal to the Planning Commission pursuant to the procedures set forth in Chapter 9 of the Rules of Practice and Procedures of the Planning Commission, as amended from time to time.In making a decision on any application, the Planning Director shall find that the owner or the owner's predecessors-in-interest have expended substantial sums.An eligible resort project that has obtained an exemption under Subsection (c) is not exempt from obtaining any other permits required by law.Notwithstanding any other provision contained in this Article, the boundaries of an eligible resort project which is exempt under this Section may be amended by consolidating the exempt project with one or more adjacent lot(s) pursuant to Chapter 9 of the Kaua'i County Code 1987, as amended. Provided, however, the number of transient accommodation units being applied for on the exempt project's property and the adjacent lot(s) shall not exceed the number of transient accommodation units approved by the zoning amendment or Planning Commission for the exempt project prior to the consolidation. Upon consolidation under these terms, the exempt project on the new lot or parcel shall be exempt pursuant to the provision of this Section.