HomeMy WebLinkAboutBIL 254 Draft 01 2012-2014 �J�SV Os M7�1
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 254
ORDINANCE NO.
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE II OF THE
HAWAII COUNTY CHARTER (2012 EDITION), BY ADDING A NEW SECTION
RELATING TO THE RESPONSIBILITIES OF THE COUNTY.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Article II of the Hawaii County Charter (2012 Edition), is amended to
read as follows:
"ARTICLE II
POWERS AND RESPONSIBILITIES OF THE COUNTY
Section 2-1. Powers of the County.
The county shall have all powers possible under the constitution and laws
of the State of Hawaii, including all powers now or hereafter given by such
constitution or laws, and all other powers not prohibited by such constitution or
by this charter. The county shall have such powers as fully and completely as
though specifically enumerated in this charter, and no enumeration of powers in
this charter shall be deemed exclusive or restrictive.
Section 2-2. Exercise of Powers.
All powers of the county shall be carried into execution as provided by
this charter or, if the charter makes no provision, by ordinance or resolution of the
county council.
Section 2-3. Responsibilities of the County.
(a) As used in this section, unless the context clearly requires otherwise:
"Precautionary principle" means that if an action or policy has a
suspected risk of causing harm to the public or to the environment, in the absence
of scientific consensus that the action or policy is not harmful, the burden of proof
that it is not harmful falls on those taking the action.
"Public Trust Natural Resources Doctrine" means the principle of
conservation and protection of Hawai`i's natural beauty and all natural resources,
including land, water, air, minerals and energy sources, and the promotion of
developing and utilizing these resources in a manner consistent with their
conservation and in furtherance of the self-sufficiency of the State for the benefit
of present and future generations, as provided in Article Xl, Section 1 of the
Hawaii State Constitution.
It is the affirmative duty of any agency and the council to protect the
public health, safety, and welfare.
(c) It is the affirmative duty of any agency and the council to adhere to the
Public Trust Natural Resources Doctrine and protect natural beauty and
natural resources by applying the precautionary_principle in decision-
making.
Applicants for any change of zoning district variance exemption or
permit shall provide full disclosure of all facts pertaining to the protection
of public health safety, and welfare and conformance with the Public
Trust Natural Resources Doctrine. Any form or application furnished by
any agency or the council for the purpose of a change of zoning district, a
variance or exemption from an ordinance or rule, or a rg anting of a permit
as required by ordinance or rule shall include requests for information
sufficient to determine that the applicant will not compromise the public
health safety, and welfare of the County and will conform with the Public
Trust Natural Resources Doctrine."
SECTION 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawaii, the reviser
need not include the underscoring.
SECTION 3. If any provision of this ordinance, or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance, which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are severable.
SECTION 4. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawaii County for approval
in the 2014 general election.
SECTION 5. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2014 general election, as duly
certified.
INTRODUCED BY:
Atl��q,4�—
COUNCIL MEMB , COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of I s`Reading:
Date of 2"d Reading:
Date of P Reading:
Effective Date:
REFERENCE Comm. 877
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