BIL 242 Draft 01 2014-2016 - Laserfiche WebLink

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WJpu COUNTY OF HAWAII Ott OF 14 ORDINANCE NO. STATE OF HAWAII BILL NO. 242 AN ORDINANCE AMENDING CHAPTER 16 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO IMPLEMENTING SUSTAINABILITY AND RESILIENCE PRINCIPLES FOR THE LONG-TERM WELLBEING OF THE COUNTY AND ITS INHABITANTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 16 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new article to be appropriately designated and to read as follows: "Article _. Aloha `Aina: Sustainability Standards. Division 1. Findings and Purpose, Authority, and Definitions. Section 16-_ Findings and purpose. The council is cognizant that the promotion of the sustainability of our island's natural resources can be advanced on a case-by-case basis, or preferably by way of defined policies and principles as set forth in this article. As representative of an island community, the council is particularly sensitive to the limitations of on -island and marine natural resources, and the urgent need to make difficult choices to ensure the long-term viability of our economic, socio -cultural, and environmental well-being. Likewise, the council is aware of the need to not only advance short-term public and private economic gains, but on a day-to-day basis to take affirmative steps to prevent cumulative harmful impacts to our environmental habitat, our cultural assets, and long-term economic vitality. As mandated by the Hawaii Supreme Court in "In Re Iao Ground Water Management Area High Level Source Water Use Permit Application" (August 15, 2012), in order to advance public trust principles, in cases affecting land and water development and management, the government decision-making body must identify 1) the scope of affected natural and cultural resources, 2) the extent to which those resources may be adversely affected, and 3) reasonable alternatives and feasible actions that can be undertaken to avoid, minimize, and mitigate the identified adverse impacts. By establishing decision-making standards to implement its affirmative public trust duty, the council seeks to establish the County of Hawaii as a model of the interrelated goals of long- term economic, environmental, and cultural sustainability for the benefit of our island, our state, and our pacific region `ohana.