HomeMy WebLinkAboutCOM 0208.017 2004-2006 1=rv.n. J C l P 17r~ ~6l.YcY'~l
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Chapter 3 88 OPEN SPACE NATURAL RESOURCES CULTURAL RESOURCES
AND SCENIC VIEWS PRESERVATION FUND
3.88.020 Purpose.
A. The open space, natural resources, cultural resources, and scenic views preservation
fund is established for the purpose of purchasing or otherwise acquiring lands or
property entitlements for land conservation purposes in the County of Maui for the
following purposes:
1. Public outdoor recreation and education;
2. Preservation of historic or culturally important land areas;
3. Protection of significant habitat or ecosystems, including buffer zones;
4. Preserving forests, beaches, coastal areas and agricultural lands;
5. Protecting watershed lands to preserve water quality;
6. Conserving land for the purpose of reducing erosion, floods, landslides, and runoff;
and
7. Improving disabled and public access to, and enjoyment of, public land, open space,
and recreational facilities.
B. In adopting each fiscal year's budget and capital program, the council shall
appropriate a minimum of one percent of the certified real property tax revenues to the
open space, natural resources, cultural resources, and scenic views preservation fund.
Any balance remaining in this fund at the end of the fiscal year shall not lapse, but shall
remain in the fund, accumulating from year to year. The appropriations to this fund
shall not substitute, but shall be in addition to, those appropriations historically made.
C. The revenues in this fund shall not be used for any purpose except those listed in
subsection A of this section. No revenues in this fund shall be used for maintenance of
lands acquired. (Ord. 3155 § 1, 2004; Ord. 3128 § 1 (part), 2003)
3.88.030 Administration.
A. The director of finance shall establish a separate account to record revenues and
supplemental transfers credited to, and expenditures made from, the fund. (Ord. 3128 §
1 (part), 2003)
3.88.040 Acquisition of interests in real property.
A. The council may make appropriations from the open space, natural resources,
cultural resources, and scenic views preservation fund to acquire interests in real
property, including, but not limited to, conservation easements as defined in chapter
198, Hawaii Revised Statutes, pursuant to chapter 3.44 of this code for the purposes set
forth in section 3.88.020.
B. The council may also make appropriations from the fund to provide grants to any
non-profit land conservation organization that complies with section 501(c) of the
lntemal Revenue Code and any other requirements under federal, state, and County law
regulating the conduct of charitable or nonprofit organizations; provided, that the
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purpose of any grant shall be for the acquisition of a specific parcel or parcels of
property or property entitlements within the County for land conservation purposes as
set forth in section 3.88.020.
C. A land conservation organization applying for a grant pursuant to subsection B shall
provide the mayor or the mayor's designee with a grant proposal that includes the
following:
1. A description of the subject property, including but not limited to a tax map key
number, area, features in need of conservation, a map, and other related information;
2. Demonstration that the subject property meets one or more of the special purposes
outlined in section 3.88.020;
3. JustiScation for prioritization of acquisition of the subject property, including a
recommendation for protection by a government agency, board, committee, or
commission;
4. A brief overview of a long-term management plan for the subject property
subsequent to acquisition; and
5. A description of efforts to obtain matching or other funds from non-county sources
for the acquisition or management of the subject property. (Ord. 3155 § 2 (part), 2004)
3.88.050 Criteria for selection of grant proposals.
Grant proposals shall be approved only upon satisfaction of the following criteria: (1)
the proposal demonstrates that areas within the subject property with significant
conservation, recreation, ecological, historical, cultural, or aesthetic values, or that are
threatened by conversion from their natural or recreational state to other uses, will be
protected; (2) the proposal demonstrates that areas within the subject property with
significant ecological value can be effectively managed and protected; and (3) the
proposal directly advances the objectives and policies set forth in the County's
community plan for the particular region the subject property is located in. (Ord. 3155
§ 2 (part), 2004)
3.88.060 Review and transmittal to council.
The mayor or the mayor's designee shall ensure that each grant proposal submitted is
complete and meets all of the criteria stated in section 3.88.050. The mayor or the
mayor's designee shall request appropriate agencies to review and comment on the
grant proposal. Upon receipt of the agencies' comments, the mayor or the mayor's
designee shall compile the agencies' comments and determine whether the grant
proposal should be approved. The mayor or the mayor's designee shall obtain, or cause
to be obtained, an appraisal of the property prepared by a qualified, disinterested
appraiser, which appraisal shall be dated no more than one year from the date of the
Brant proposal. If the mayor or the mayor's designee determines that the grant pron~sal
should be approved, the grant proposal, the agencies' comments, the appraisal, a
proposed grant agreement, and a proposed budget ordinance amendment shall be
transmitted to the council for its consideration. The amount of the grant shall be
adjusted to reflect the cost of the appraisal to the County. (Ord. 3155 § 2 (part), 2004)
3.88.070 Ownership, use, and long-term stewardship of property acquired
by a land conservation organization.
A. The grant agreement to the land conservation organization shall contain among
other things provisions in substantially the following form:
1. "Title to the subject property acquired by grantee with funds wholly or partially
provided under chapter 3.88, Maui County Code, shall be held in perpetuity by grantee
unless conveyed to the County of Maui or another qualified land conservation
organization or agency approved by the county council.' ;
2. "The grantee shall submit to the mayor or the mayor's designee annual reports for
the first three years documenting progress toward implementation of the long-term
management plan and compliance with terms and conditions of this grant. Each report
shall be incorporated into the director of Finance's next quarterly report to the council.
Subsequent annual reports will be provided to the County as specified in the perpetual
conservation easement.' ;
3. "In the event that the grantee dissolves, title to the subject property shall be
conveyed to the County of Maui or to another qualified land conservation organization
or agency approved by the county council.";
4. "Pursuant to section 3.88.070(B) Maui County Code, the grantee shall convey to the
County of Maui at closing a perpetual conservation easement.' ;
5. "The subject property shall not be sold, exchanged, divested, or converted to other
uses that are inconsistent with the purposes as set forth in the conservation easement
without the prior approval of the county council by resolution."; and
6. "The grantee shall not mortgage, hypothecate, or pledge the subject property or any
portion thereof without the prior approval of the county council by resolution.".
B. Subject to council approval pursuant to chapter 3.44 of this code, as amended, the
land conservation organization shall convey to the County at closing a perpetual
conservation easement. The easement shall contain, among other things, restrictive
covenants in substantially the following farm:
1. "This property has been acquired by (insert grantee's name here) with funds from the
Maui County open space, natural resources, cultural resources, and scenic views
preservation fund. Upon dissolution of (insert grantee's name here), title to this
property shall be conveyed to the County of Maui or to another qualified land
conservation organization or agency approved by the Maui county council.";
2. "The general public shall be allowed reasonable access to this property, provided
that access may be limited or controlled for cultural and environmental resource
protection and public safety."; and
3. "This property shall be managed for land conservation purposes only and shall not
be converted to other uses except as approved by the Maui county council at such time
as the potential conversions may be contemplated.". 3.88.070
C. The escrow company used to complete the closing of the subject property shall
provide the mayor or the mayor's designee with copies of the closing documents,
including a copy of the recorded deed, within sixty days of recordation of the deed. The
escrow company shall be instructed that the conservation easement shall be recorded
before, or at the time of, closing. (Ord. 3155 § 2 (part), 2004)