BIL 242 Draft 01 2014-2016 - Laserfiche WebLink

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"General plan" means the County of Hawaii general plan adopted as Ordinance No. 05- 25, and as thereafter amended pursuant to section 3-15 of the charter. The general plan is the County's policy directive for the long-range comprehensive development of the island which specifically includes the following mandate: "Inject long-range considerations into the determination of short-range actions and implementation." "Precautionary principle" means the element of the Public Trust Doctrine that establishes a general duty to take precautionary action, and as implemented means that the government entity in its trustee role has the duty to: (1) Identify and address reasonable alternatives in light of likely positive and negative consequences and cumulative impacts; (2) Place the burden of proof on the applicant that the resources listed in section 13-29 of the charter are not likely to be adversely impacted; and (3) When the science and information is uncertain, favor caution for the benefit of the island ecosystem and its cultural sense of place, for the long-term health and safety of the environment and its people. "Public trust duty" means the obligation of the State of Hawaii and its counties to take the initiative in considering, protecting, and advancing public rights in the resource at every stage of the planning and decision-making process. Specifically, the public trust compels the government decision-making body to duly consider the cumulative impact of existing and proposed diversions on trust purposes and to implement reasonable measures to mitigate this impact including the use of alternative sources consistent with a global, long-term perspective. "Resilience" means the ability of a system, built or natural, to survive and handle disruption of the system, both in the face of acute crises and cumulative crises. "Sector" means a subunit of the existing economic, environmental, or cultural systems, or a combination thereof, carved out for purposes of sustainability and resilience analysis and planning. "Sustainability" means achieving the following: (1) Respect and protection for the culture, character, beauty, and history of the Island of Hawaii; (2) Ensuring the proposed action will not result in permanent damage to the environment and significant cultural assets; and (3) Meeting the needs of the present economic, sociocultural, and environmental wellbeing without compromising the ability of future generations to meet their own need. "Water" means not only potable water, but also stream, reservoir, underground, `auwai, and coastal waters. Division 2. General Provisions. Section 16-_ Applicability. This article shall apply to all applications for approval, determinations, and advisory recommendations under the jurisdiction of the planning department and the windward and leeward planning commissions, including those matters requiring Council approval, regardless of whether categorized as discretionary or ministerial. This article shall not apply to building, electrical, and plumbing permits issued by the department of public works. Section 16 -_Required sustainability determination. In addition to applicable County, State and Federal laws, consistent with the public trust duty, the County shall not approve any application applicable to this article, without an affirmative finding of consistency with the goals of long-term environmental, cultural, and economic wellbeing. 3