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1. AMEND Section 3-15. " General Plan" as follows:
<br />The county council shall adopt by ordinance a general plan which shall set forth the council's
<br />long range policy for the comprehensive physical, economic, environmental, and socio- cultural
<br />wellbeing of the county.
<br />(a) The general plan shall contain a statement of development objectives, standards and
<br />principles with respect to the most desirable use of land within the county for residential,
<br />recreational, agricultural, commercial, industrial and other purposes which shall be
<br />consistent with proper conservation of natural resources and the preservation of our
<br />natural beauty and historical sites; the most desirable density of population in the several
<br />parts of the county; a system of principal thoroughfares, highways, streets, public access
<br />to the shorelines, and other open spaces; the general locations, relocations and
<br />improvement of public buildings, the general location and extent of public utilities and
<br />terminals, whether publicly or privately owned, for water, sewers, light, power, transit,
<br />and other purposes; the extent and location of public housing projects; adequate drainage
<br />facilities and control; community and environmental health, air pollution; and such other
<br />matter as may, in the council's judgment, be beneficial to the social, economic, and
<br />governmental conditions and trends and shall be designed to assure the coordinated
<br />development of the county and to promote the general welfare and prosperity of its people
<br />consistent with the overarching policy of conservation of natural and cultural resources,
<br />including with respect to coastal waters, for the benefit of both current and future
<br />generations.
<br />(b) The council shall enact zoning, subdivision, and such other ordinances which shall
<br />contain the necessary provisions to carry out the purpose of the general plan.
<br />(c) No public improvement or project, or subdivision or zoning ordinance, shall be initiated
<br />or adopted unless the same conforms to and implements the general plan.
<br />(d) Amendments to the general plan may be initiated by the council or the planning director.
<br />(1979, Prop. 3; 2016, Ord. No. 16-62, sec. 1.)
<br />Note:
<br />This amendment is consistent with the County's pubic trust responsibility for conservation of the
<br />County's natural and cultural resources, and provides authority for the general plan to address issues of
<br />community health and environmental health. Prior to 2006 Supreme Court decision in Kelly v Oceansides
<br />the County of Hawaii maintained it had no public trust duty to the land and to waters adjacent to the
<br />shoreline, that such environmental concerns were the responsibility of the State. Kelly v. Oceanside held
<br />the County has an affirmative public trust duties for the benefit of present and future generations.
<br />See also the County's public trust mandate contained in Section 13-29: "Conservation of Natural and
<br />Cultural Resources": "For the benefit of present and future generations, the county shall conserve and
<br />protect Hawai'i's natural beauty and all natural and cultural resources, including but not limited to land,
<br />water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall
<br />promote the development and utilization of these resources in a manner consistent with their conservation
<br />and in furtherance of the self-sufficiency of the county. All public natural and cultural resources are held
<br />in trust by the county for the benefit of the people."
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