Communication No. 2019-11- KCDP Amendments Post Corp Counsel

Home

Communication No. 2019-11 Hawai‘i State and/or County laws, rules, or regulations shall prevail . Among the most significant legally binding policies are those presented in Section 4.2 Land Use. These policies must may be implemented through land use decisions and development permits issued after the Kona CDP is adopted. Such policies, however, would not be retroactive to prior decisi on - making and existing zoning. Some mandatory policies require balancing with other policies, particularly those that require County funding. Some policies create special provisions that differ from the County Code; these Code - amending policies are summarized and noted as “enacted by plan” in Section 5.3. Other policies that use the word “should” are not legally binding as they recommend desired actions especially those affecting agencies over which the plan does not have authority (e.g. State agencies, utilities, non - profits). Each policy is identified by the alpha - numeric code for its corresponding objective, followed by a decimal and its numeric sequence. For example, “Policy TRAN - 3.2” is the second policy of the third objective in the Transportation Element. 7. Actions, that specify how the policy will be implemented. An action may be a precursor to implementing a policy or may specify what is required or recommended to implement it. The list of actions are meant to be refined during the process of im plementation in consideration of available resources, preservation or conserv ation studies required by Federal and State law, more detailed analysis, feasibility and impact analysis, and other factors. Thus, these actions are not legally binding but are meant to be implemented in good faith. The Implementation Action Committee ( IA C) shall have the authority to revise the action and report any such revision in the Committee’s annual report (see Section 5.2.1). Each action identifies, by acronym (see sideba r), the specific agencies or organizations that will recommended to implement or participate in implementing the action. County agencies identified have a particular responsibility for implementation. Each action also specifies recommends when the action should be implemented, whether it is enacted by the plan, on - going, within one to two years, within two to three years, within three to five years or within five to ten years. Each Action is identified by the alpha - numeric code for its corresponding poli cy, followed by an alphabet sequence. For example, “Action ENV - 1.4a” is the first action of the fourth policy of the first objective in the Environmental Resources Element. All of the Actions are summarized in Implementation Matrix in Chapter 5 Action Pl an. 8. Official Maps, that are meant to be legally binding provided that infrastructure projects, developments and subsequent actions spatially depicted on these maps comply with cultural and natural resource preservation law and provides opportunity for community input prior to implementation . All other figures in the plan not designated as Official Maps are for information purposes only. Because the Official Maps are created from GIS files, these maps may be printed at any scale with all or selected data layers. The Official Maps distinguish “Policy Layers” from “Information Layers”. The Policy Layers are the official information on that map that require an amendment to the plan to add, delete, or relocate records on the map. In cases where infrastructur e and developments depicted as official Policy Layers conflict with natural and cultural resource preservation or other elements essential to a community’s sense of place; these projects 1 may be realigned or relocated at the informed discretion of the Plann ing Director . Changes that improve the accuracy of the map are not considered amendments. The Information Layers provide background and may be changed in any way or removed without a plan amendment. The metadata for the Official Maps specify, at a minimum, the source of the data and explain the attribute features (see Attachment A). The GIS files and metadata shall be housed and maintained by the County of Hawai‘i Planning Department. 1 Informed discretion can be any combination of resource or impact studies performed by the developer or appropriate government agency, in conjunction with community input. 2