Definitions for the Community Plan Chapter

Unless the context clearly indicates a different meaning for the purposes of this chapter, the following words and terms shall be defined as follows: "Agritourism" means the practice of attracting travelers or visitors to an area or areas used primarily for agricultural purposes. "Ahupua'a" means a land division extending from the uplands to the sea and representing the traditional form of Hawaiian land management. A typical ahupua'a follows a stream from the mountain headwaters to the coastal delta and is wedge-shaped. "Aquaculture" means the breeding, rearing, and harvesting of plants and animals in all types of water environments, including ponds, rivers, lakes, and the ocean. Aquaculture can take place in the natural environment or in a constructed environment. "Archaeological district" means a place or group of physical sites in which evidence of past human activity, either prehistoric or at least fifty years of age, has been designated for preservation, research, or both. "Beach nourishment" means a technique used to restore an eroding beach or to create a new sandy shoreline by placing sand fill, with or without supporting structures, along the shoreline to widen the beach. "Biodiversity" means the variety of life and its processes, including the variety of living organisms, the genetic differences among them, and the communities and ecosystems in which they occur. "Buffer" generally refers to the designated area around a land use or geographic feature, deliberately left in a specific condition, typically to protect a natural resource, mitigate development impacts, or protect the character of a community. "Carbon-emission standards" means requirements that set limits on the amount of carbon monoxide, greenhouse-gas emissions, or volatile hydrocarbons that can be discharged into the ambient air. "Civic engagement" means individual and collective actions designed to identify and address issues of public concern. "Class 'A', low-silt sand" means coarse sand with no silt. "Community development corporation" means a broad term referring to not-for-profit organizations incorporated to provide programs and offer services that often focus on serving lower-income residents or struggling neighborhoods. "Community facilities districts" means a special district that can issue tax- exempt bonds for the planning, design, acquisition, construction, and/or operation of infrastructure or public facilities. "Community plan advisory committee" means the same as "citizen advisory committee" in section 8-8.5(4) of the charter. "Comprehensive long-range multimodal plan" means a plan that provides a framework to guide transportation decisions and investments that enhance the economy, support local communities, and protects the natural/man-made environment. The plan also addresses the mobility of people, goods, services, and information across all transportation modes, including biking, walking, driving, transit, railway, ferries, ships, aviation, and electronic communications. "Conservation easement" means a legal mechanism whereby a landowner retains ownership of his land, but grants some right(s), which stipulate that the described land will remain in its natural state and preclude future or additional development. Conservation easements are typically used for the preservation of open space, environmentally sensitive areas, scenic views, wetland buffers, and agricultural land. "Conservation subdivision design" means an approach to laying out subdivisions so that a significant percentage of buildable lands are permanently protected in such a manner as to create interconnected networks of conservation lands. This approach is distinct from clustering and planned unit development in terms of the higher open space ratios and conscious design to forge community- wide networks of open space. Conservation subdivisions are generally density- neutral, meaning that the overall number of dwellings built is not different from that done in conventional developments. "Critical habitat" means: (1) specific areas within the geographic area occupied by a species at the time it is listed as threatened or endangered pursuant to the Endangered Species Act, on which are found those physical or biological features that: (a) are essential to the conservation of the species; and (b) may require special management considerations; and (2) specific areas outside the geographical area occupied by a species at the time it is listed as threatened or endangered pursuant to the Endangered Species Act, upon a determination that such areas are essential for the conservation of the species. "Cultural impact assessment" means a report documenting cultural values, materials, and associations related to an area or a resource. A cultural impact assessment provides an analysis of the potential effect of any proposed physical alteration on cultural resources, practices or beliefs; the potential of the proposed action to isolate cultural resources, practices or beliefs from their setting; and the potential of the proposed action to introduce elements which may alter the setting in which cultural practices take place. "Cultural landscape report" means a report that analyzes the history and integrity of a cultural landscape, including any proposed changes to its geographical context, features, materials, and use. "Design guidelines" means a set of guidelines or parameters to be followed in a site or building design and development. "Development" means any of the uses, activities, or operations on land or in or under water that are included below: 1. Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste; 2. Grading, removing, dredging, mining, or extraction of any materials; 3. Change in the density or intensity of use of land, including but not limited to the division or subdivision of land; 4. Change in the intensity of use of water, ecology related thereto, or of access thereto; and 5. Construction, reconstruction, demolition, or alteration of the size of any structure. "Development" does not include the following: 1. Construction of a single-family residence that is not part of a larger development; 2. Repair or maintenance of roads and highways within existing rights-of-way; 3. Routine maintenance dredging of existing streams, channels, and drainage ways; 4. Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, telephone, and minor appurtenant structures such as pad mounted transformers and sewer pump stations; 5. Zoning variances, except for height, density, parking, and shoreline setback; 6. Repair, maintenance, or interior alterations to existing structures; 7. Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers; 8. Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes; 9. Transfer of title to land; 10. Creation or termination of easements, covenants, or other rights in structures or land; 11. Subdivision of land into lots greater than twenty acres in size; 12. Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that, any land which is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels; 13. Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors; 14. Structural and nonstructural improvements to existing single-family residences, where otherwise permissible; 15. Nonstructural improvements to existing commercial structures; and 16. Construction, installation, maintenance, repair, and replacement of civil defense warning or signal devices and sirens. "Ecotourism" means nature-based travel to natural attractions to experience and study the unique flora, fauna, and culture in a manner that is ecologically responsible and sustains the well-being of the local community. "Endangered species" means a species or ecosystem that is so reduced or delicate that it is threatened with, or on the verge of, extinction. "Endemic species" means those species that are found only within a specified region or locality. "Greenbelts" means an extensive area of largely undeveloped or sparsely occupied land established along natural corridors to protect environmental resources and to separate distinct communities. Greenbelts may include accessory structures and ancillary uses consistent with the purpose and intent of the greenbelt area. "Green building" means the design, construction, use, and maintenance of structures, facilities, and landscapes in a manner that minimizes pollution and the depletion of precious natural resources, maximizes energy efficiency, and promotes walking and other healthy behavior. Green building practices in specific places support the implementation of green footprint practices in the broader community. "Green footprint practices" means techniques developed from the field of applied ecology that urban and regional planners use to minimize the negative environmental impact of the growth and development of cities and towns. Qualitative trend indicators are used to assess the impacts of growth, including those relating to air and water quality, public health, critical habitat, and agriculture. "Greenhouse-gas emissions" means the discharge of hazardous air pollutants or carbon dioxide into the ambient air. "Greenway" means typically a long, narrow piece of land, often times used for recreation, pedestrian, and bicycle traffic. Greenways can include community gardens and can be used to link community amenities (e.g., parks, shoreline). Greenways may include accessory structures and ancillary uses consistent with the purpose and intent of the greenway area. "Habitat corridors" means narrow or lineal components of the landscape that facilitate the movement of organisms and the conservation of which will enhance or maintain the viability of specific wildlife populations. "Hanai relative" means the same as defined in section 587-2, Hawaiʻi Revised Statutes. "Hazardous air pollutant" means the same as defined in section 342B-1, Hawaiʻi Revised Statutes. "Heritage area" means a designated area where natural, cultural, historical and scenic resources combine to form a cohesive and distinct landscape arising from patterns of human activity shaped by geography. The focus of the designation is on the protection and conservation of critical resources including the natural, cultural, historical, and scenic resources that uniquely identify an area and give a community a sense of place. Areas typically have the following characteristics: 1. Contains an outstanding example of a particular type of resource; 2. Possesses exceptional value or quality in illustrating or interpreting the natural or cultural themes of the island's heritage; 3. Offers superlative opportunities for recreation, public use, and enjoyment or for scientific study; and 4. Retains a high degree of integrity as a true, accurate and relatively unaltered example of a resource. "Heritage area plan" means a plan that documents the history, significance, and treatment of a heritage area; the plan includes detailed guidelines and recommendations for the protection of the environmental and cultural integrity of a designated heritage area. "Indigenous species" means those species that occur naturally in a particular area (i.e., not introduced by humans or human activity). "Infill development" means development of land that is largely vacant or underutilized within areas that are already largely developed. "Invasive species" means an animal pest or weed that does not arrive into an ecosystem through natural means, but rather through human-assisted activities, and negatively impacts indigenous species and ecosystems. "Jobs/housing balance" means the ratio of jobs to households when both the type (such as single-family, multi-family, rental) and quantity of housing opportunities match the job opportunities within an area. "Level-of-service standards" means measures of the amount and/or quality of a public facility or infrastructure that must be provided to meet a community's basic needs and expectations. Level-of-service standards measures are typically quantitative and are expressed as ratios of facility capacity to demand by existing and projected future users. Level-of-service standards measures the size, amount, capacity, or quality of the capital facility. "Linkage" means a physical or economic concept pertaining to the time and distance between land use and support facilities, or between people and their activities. "Livable community" means an urban, suburban, rural, or neighborhood community that: 1. Provides safe and reliable transportation choices; 2. Provides some affordable, energy-efficient, and location-efficient housing choices for people of all ages, incomes, races, and ethnicities; 3. Supports, revitalizes, and encourages the growth of existing communities and maximizes the cost effectiveness of existing infrastructure; 4. Promotes economic development and economic competitiveness; 5. Preserves the environment and natural resources; 6. Protects agricultural land, rural land, and green spaces; and 7. Supports public health and improves the quality of life for residents of and workers in the community. "Living wage" means a wage and benefits package sufficient to provide the necessities and comforts essential to an acceptable standard of living, to meet basic needs, and to provide some discretionary income, taking into account the area-specific cost of living and the basic expenses involved in supporting a family. "Long-term care home" means a variety of homes, dwellings, and buildings ranging from traditional nursing homes to buildings that provide home-like environments on a twenty-four hour basis to persons who need constant care and supervision. Long-term care homes include, but are not limited to, care homes, foster homes, assisted living, and nursing homes. "Low-impact development" means an approach to land development or redevelopment that incorporates a suite of landscaping and design techniques known as "better site design" that attempts to maintain the natural, pre-development hydrology of a site and the surrounding watershed. Low-impact development also integrates a range of structural best management practices for road design and stormwater and wastewater management systems that minimize environmental impacts. "Mariculture" means the same as defined in section 190D-3, Hawaiʻi Revised Statutes. "Marine life conservation districts" means a type of marine managed area; usually prohibits or only allows for limited fishing and other consumptive uses. "Marine managed area/marine protected areas" means any area of the marine environment that has been reserved by federal, state, territorial, tribal, or local laws or regulations to provide lasting protection for part or all of the natural or cultural resources contained therein. "Ministerial permit" means a permit that does not involve judgment or discretion and is issued based on established criteria or a set of adopted standards as established by law. "Native species" means a species that occurs naturally in an area and is not introduced. "New towns" means a form of urban development designed as a unified concept of sufficient scale to provide its residents with a full range, or substantial range, of necessary land uses, public facilities, services, and employment opportunities. New towns typically include multiple pedestrian neighborhoods and they have a substantial employment base with a regional commercial or civic focus. "New urbanism" means the process of reintegrating the components of modem life, such as housing, workplace, shopping, and recreation, into compact, pedestrian-friendly, and mixed-use neighborhoods linked by transit and set in a larger regional open space framework. "Nonpoint source pollution" means the same as defined in section 342E-1, Hawaiʻi Revised Statutes. "Overlay district" means an area where certain additional requirements are superimposed upon a base zoning district or underlying district and where the requirements of the base or underlying district may or may not be altered. "Person" means individual natural persons; firms, partnerships, joint ventures, societies, associations, clubs, trusts, corporations, government agencies, and any other entities; and any officers, agents, successors, assigns, employees, factors, and any kind of personal representatives of any such entities, but not including the director of planning or the council. "Point source pollution" means the same as defined in section 342E-1, Hawaiʻi Revised Statutes. "Pono" means goodness, uprightness, correct or proper procedure, excellence, or well-being. "Prime, productive, and potentially productive agriculture lands" means lands having the best combination of soil qualities and growing conditions for the production of agricultural products such as food, fiber, and energy-producing crops. "Productive agricultural land" means land that is capable of supporting sustained high yields of agriculture when treated and managed according to accepted farming methods and technology. "Pyramid zoning" means a zoning scheme that allows lower, less intense uses, such as residences, to be located in higher, more intensive zoning districts, such as commercial or industrial. "Resort destination area" means one of the planned resort destination areas of Ka'anapali, Kapalua, Makena, and Wailea, which is intended as a major tourist destination area, consistent with the general and community plans. "Threatened species" means a species likely to become endangered if limiting factors are not reversed. "Traffic-calming techniques" means planning tools intended to reduce motorist speed, decrease motor-vehicle volumes, and increase safety for pedestrians and users of non-motorized vehicles. "Transfer of development rights" means a program that can relocate potential development from areas where proposed land use or environmental impacts are considered undesirable to another site chosen on the basis of its ability to accommodate additional units of development beyond that for which it was zoned, with minimal environmental, social, and aesthetic impacts. "Transportation demand management" means various strategies that change travel behavior to increase transport system efficiency and achieve specific planning objectives. "Transportation impact fees" means charges assessed by local governments against new development projects to recover the cost incurred by government in providing the public facilities required to serve this new development. Impact fees are only used to fund facilities (e.g., roads, bus stops, transit centers) that are directly associated with the new development. "Transportation system management" means transportation strategies designed to improve both the movement of people and goods and the operational efficiency of the existing transportation system at minimal cost. "Urban expansion" means new growth areas typically located at the edge of an existing community and often include urban uses, such as housing, commercial, retail, or recreational uses. "Urban forest" means, in an urbanized area, trees and associated organisms, tree-lined roadways, and tree-shaded open space or park space. "Wetland" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. "Wildland" means an area or region where the habitat remains in a natural state due to the minimization or prohibition of development and human activities that would alter the landscape and potentially harm the species that rely on the health of the ecosystem. "Xeriscaping" means the practice of using native species and hardscape materials to create low-water-use landscaping. (Ord. No. 4004, § 2, 2012; Ord. No. 3732, § 2, 2010; Ord. 3166 § 2 (part), 2004)