Rules for approving golf course development plans

(a) Additional application requirements. In addition to information requested on the standard application form furnished by the director of planning and permitting, each application for a development plan land use map amendment for any golf courses, including expansions or reconfiguration of existing courses, shall include information which responds to criteria related to social and growth impacts and environmental quality impacts, the elements of which criteria are discussed in subsection (b) and may be further detailed in the rules of the planning and permitting department relating to development plan amendments. The application may also include a proposal for a community integration program to be accepted at the time of a decision to rezone a parcel or to issue a plan review use permit authorizing a golf course in accordance with its development plan designation; however, in evaluating a development plan land use map amendment application and making recommendations thereon, the director of planning and permitting is authorized to consider and analyze, in addition to the social, growth, economic, and environmental impacts, the extent and merits of any proposed community integration program. (b) Standards and criteria to be applied in the review and approval of golf courses. The evaluation, acceptance for processing, and approval of any application for a development plan amendment which contemplates any golf course use shall be governed by the following standards and criteria: (1) Social and growth criteria. (A) Evaluation of applications for golf courses generated during the course of an annual amendment review may be sensitive to such concerns as: (i) Whether the provision of open space, which is one of their chief assets, is supplied in a manner that the entire community can enjoy, by the provision or preservation of significant view planes and vistas, especially from the vantage point of major public thoroughfares and public places; (ii) Whether golf courses are displacing people or important land uses, or, alternately, whether there is an adequate compensation or relocation plan, or both, concerning these displacements; (iii) Whether golf courses are located on prime agricultural lands rated “A” or “B” by the land study bureau classification (this does not preclude the approval of golf courses on “A” or “B” rated land, however the approval of golf courses on such lands is discouraged); (iv) Whether the area contains golf courses at which residents of the area have an opportunity to play at reasonable rates; (v) Whether a concentration in a particular area causes traffic problems; and (vi) Whether golf courses would have an impact on archaeological, cultural, or historic resources including the preservation and the public access to such resources. These criteria may be used to compare the merits of individual proposals in the course of the development plan annual amendment review. (B) Type. Golf courses may be carefully designed for compatibility of the proposed golf course with both existing and planned surrounding uses. Golf courses may be evaluated in terms of whether they provide an appropriate buffer: (1) Between incompatible uses (i.e., separating residential from agricultural uses); (2) Between potentially incompatible levels of intensity for similar land uses (i.e., single family residential and medium or high density apartment uses); or (3) From dangerous conditions or area (i.e., blast zones or flood prone areas). (2) Economic criteria. The director of planning and permitting is authorized to require an applicant for a development plan amendment contemplating a golf course use to provide a forecast of the impact of the project on the value of land in the area and to indicate the impact, if any, on real property taxes. The material provided may be used as a basis for a comparison among various golf course proposals in the course of the development plan annual amendment review. (3) Environmental quality criteria. Golf course development which expands recreational opportunities may not have any serious environmental consequences. Therefore, development plan amendments which include any golf courses, including expansions or reconfigurations of existing courses, may not be approved unless all reasonable efforts are made by the applicant/developer in the design and the management of the golf course to minimize the use of pesticides, herbicides, fungicides, and fertilizers on the entire golf course project. All pesticide, herbicide, or fungicide use on any new golf course or on any golf course subject to an expansion or a reconfiguration must be done in compliance with State and federal laws and regulations governing their use, storage, and disposal. Golf course applications seeking a development plan amendment should be evaluated on how effectively each proposal: (A) Establishes an integrated management plan to minimize the need for and the use of fertilizers and biocides; (B) Conducts modeling studies which reflect unique site characteristics to evaluate the risk of fertilizer or biocide leaching or runoff from the project into water resources or wetland areas; (C) Establishes a groundwater monitoring plan and system in accordance with State department of health guidelines. Such a plan may include, at a minimum, groundwater, surface water, and, if applicable, near shore water monitoring programs, at least one year before the commencement of construction to establish baseline data regarding water quality. Such periodic water monitoring may continue for at least one year after the completion of construction and commencement of golf course operations in accordance with the requirements of the department of health. All reports and data are to be submitted to the department of health, to the board of water supply, and to the department of planning and permitting; (D) Establishes a solid waste disposal plan, that includes lawn and landscape trimmings disposal, emphasizing on-site use and disposal of such waste; (E) Promotes water conservation by using nonpotable water sources for irrigation in the following priority: (i) Secondary-treated effluent from a municipal wastewater treatment plant; (ii) Secondary or tertiary-treated effluent from a private wastewater treatment plant; and (iii) Brackish groundwater, nonpotable surface water, including the establishment and use of runoff catchment basins, or partially desalinated water. All golf course water source and irrigation plans shall be subject to the review and approval of the board of water supply, which may regulate or prohibit introducing lower quality irrigation water above higher quality subsurface water; (F) Designs the golf course to maximize the use of natural drainage, to recharge the aquifer and to alleviate the need for stream channelization, and other former drainage systems in nearby areas; (G) Protects or supports, or both, existing wetlands and fish and wildlife habitats; (H) Protects streams, rivers, and coastal waters from runoff. Minimizes runoff during the grading and construction of the golf course. Emphasizes the concept of target golfing to minimize the need for grading and biocide use. Protects and preserves natural vegetation to the greatest extent practicable. Uses vegetation buffers to protect water resources. Provides landscaping with indigenous flora appropriate to the setting and in recognition of water conservation principles; (I) Provides for the employment of a golf course superintendent who shall be responsible for sound and integrated golf course management practices. Consideration shall be given to the level of education and training of the superintendent including whether the superintendent is: (i) A certified golf course superintendent of the Golf Course Superintendents Association of America who meets the association’s continuing education/certificate requirements, or is actively seeking such certification within three years from employment as a golf course superintendent; and (ii) Licensed or certificated to use fertilizers and pesticides on golf courses from the State agency regulating the use and application of fertilizers and pesticides or is actively seeking such license or certification; Provides monitoring and reporting of the types, amounts, locations, and application techniques of any pesticide, herbicide, or fungicide use on a golf course. Submits quarterly biocide use reports to the department of agriculture, the department of health, the board of water supply, and the department of planning and permitting. Prepares contingency plans to rectify potentially harmful occurrences due to accidents, injudicious use or other management failures; and (J) Conforms to the Oahu water management plan. (c) Community integration program. The director of planning and permitting is authorized to enter into preliminary discussions with the golf course developer and the community concerning the establishment of a community integration program. Such a program may include but is not limited to the following elements: (1) An employment program to ensure that local job applicants possess the requisite skills and are given full consideration for all employment opportunities associated with the golf course project; (2) Public play on the golf course at affordable rates and at convenient times to the golfing public; (3) A junior golf program; (4) The availability of clubhouse facilities and any other amenities for public use; (5) The establishment of hiking, biking, and jogging paths around the perimeter of the project; and (6) The consideration of local suppliers of obtaining developmental, operational, and maintenance materials for the golf course development project. A proposal to provide a community integration program by a golf course developer is to be review and accepted by the city council at the time of a decision to rezone or to issue a plan review use permit authorizing a golf course in accordance with its development plan designation.