Planning Commission Rules, Rule 9

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(1) "Estuary"means that part of a river or stream or other body of water having unimpaired connection with the open sea,where the seawater is measurably diluted with fresh water derived from land drainage. (m) "Native Hawaiian Rights" means those rights defined in and protected under HRS 1-1, HRS 7-1, HRS 174C-101, Article XII, Section 7 of the Hawaii State Constitution, and in rulings of Hawaii case law." (n) "Ocean waters" means all waters seaward of the shoreline within the jurisdiction of the State. (o) "Owner" means all equitable and legal holders or lessees of real property. Lessees shall present certification of approval from the legal owner. (p) "Person" means and includes any individual, organization, partnership, or corporation, including any utility and any agency of government. (q) "Petitioner" means and includes any person who seeks permission or authorization which the Commission may grant under this rule. (r) "Public Works Director" means Director of the Department of Public Works of the County of Hawaii. (s) "Shoreline"means the upper reaches of the wash of waves,other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth,or the upper limit of debris left by the wash of the waves. (t) "Shoreline Survey" means the actual field location of the shoreline in accordance with the definition herein along with the existing property lines which shall be located and platted by instrument surveys and the property corners or appropriate references thereof along the shoreline be marked on the ground by a registered land surveyor in the State of Hawaii. Such survey maps developed by the registered land surveyor shall bear the surveyor's signature and date of field survey,and the confirming signature of the Chairman of the Board of Land and Natural Resources. (u) "Single-Family Residence"means a detached building designed for and/or used as the complete facility for cooking,sleeping and living area of a single family only and occupied by no more than one family. Single family residences may include uses or structures normally considered accessory to the single family facilities provided that any such uses or structures are situated on the same lot or building site and are in compliance with all requirements of any county or state regulation, statute, or ordinance. A single family shall include all persons living in a dwelling related by blood, marriage or by adoption or a group comprised of not more than five persons 9-5