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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. s>_
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 27, FLOOD CONTROL, HAWAII COUNTY
CODE 1983 (2005 EDITION), AS AMENDED, RELATING TO STORMWATER
MANAGEMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this ordinance is to revise Chapter 27 to comply with
current National Flood Insurance Program regulations found in the Code of Federal Regulations,
Title 44, Parts 59 through 79; establish drainage improvement standards to control stormwater
quality and runoff qualities generated by developments; establish requirements for structures that
suffer repetitive losses due to flooding; clarify and restrict substantial improvements; and correct
various inconsistencies found in the chapter.
SECTION 2. Chapter 27, Hawaii County Code 1983 (2005 edition), is amended, by
amending the title to read:
Chapter 27
[ ] FLOODPLAIN MANAGEMENT
SECTION 3. Chapter 27, article 1, section 27-1, Hawaii County Code 1983 (2005
edition), as amended, is amended to read as follows:
Section 27-1. Statutory authority.
This chapter is enacted pursuant to the U.S. National Flood Insurance Act
of 1968 (Public Laws 90-418 and 91-152), as amended, and the U.S. Flood
Disaster Protection Act of 1973 (Public Law 93-234), as amended. In addition,
the Legislature of the State of Hawaii has in Hawaii Revised Statutes [62-34f9~
ann o~ ~n ,nn] 46-15L1, 46-1.5(14), 46-11, 46-11.5, and 46-12 conferred
upon the various counties the authority to adopt regulations designed to promote
the public health, safety, and general welfare of its citizenry.
SECTION 4. Chapter 27, article 2, section 27-5, Hawaii County Code 1983 (2005
edition), as amended, is amended to read as follows:
Section 27-5. Applicability.
(a) This chapter shall apply to al] areas of special flood hazards identified by
the Federal Insurance Administration in a scientific and engineering report
entitled "Flood Insurance Study," dated [ Apri12, 2004,
with accompanying Flood Insurance Rate Maps and all [st~segaent]
future chances, revisions and amendments[;] to these documents, and shall
apply to all areas outside the identified special flood hazard areas
encompassing and adjacent to a river, stream, stonnwater channel, outfall
area, or other inland water or drainage facility determined by the director
of public works to be subject to flood hazazds. The special flood hazazd
azeas aze as follows:
(1) Floodway fringe -Zones AE, AH, and AO.
(2) Floodway.
(3) Coastal high hazazd (tsunami) - Zones V and VE.
(4) General floodplain -Zone A.
(5) Land adjacent to drainage facilities, and Zone A99.
(b) This chapter shall not apply to:
(1) Any building permit lawfully issued prior to May 5, 1982 or
building permit application properly filed and accepted for review
prior to May 5, 1982, provided that approval was obtained without
any significant changes in plans or specifications made after
May 5, 1982.
(2) Roadway and site improvements for subdivisions for which
tentative approval had been granted prior to May 5, 1982 and
where roadway and site improvement construction and grading
plans had received all necessary agency approvals by May 5, 1982.
(3) Carnivals, luaus, fairs, and camping tents of a temporary nature
which aze not in a floodway.
(4) Nonfenced, nonelevated outdoor swimming pools.
(5) Signs which are not in a floodway.
(6) Demolition.
SECTION 5. Chapter 27, article 2, section 27-6, Hawaii County Code 1983 (2005
edition), as amended, is amended to read as follows:
Section 27-6. Basis.
The areas of special flood hazard identified by the Federal Insurance
Administration of the Federal Emergency Management Agency in the Flood
Insurance Study dated ' ' nnn ]April 2, 2004, along with all subsequent
revisions and amendments, and the Flood Insurance Rate Maps, dated Apri12,
2004, May 16, 1994, July 16, 1990, and September 16, 1988, and al] future
chances, revisions, and amendments to these documents, are hereby adopted and
declared to be a part of this chapter. [T,.:.. ~',.~a T~°„-°~~~ °«..a.. °~a °"°~a°~'
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o ..f ....,..,1:,...l,a:a.. ,.F ,,,,,.~,e.. ]The Flood Insurance Study and
Flood Insurance Rate Maps, [ate] and all future changes, revisions, and
amendments to these documents, are on file at the Aupuni Center, Department of
Public Works, 101 Pauahi Street, [Reerx] Suite 7, Hilo, Hawaii 96720.
2
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SECTION 6. Chapter 27, article 2, section 27-8, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-8.Other laws and regulations.
All construction and improvements subject to this chapter shall comply
with other applicable laws and regulations including, but not limited to, the
zoning, building, electricity, plumbing, subdivision, erosion and sedimentation
control chapters of the Hawaii County Code, and the storm drainage standards,
October 1970 edition, or later revisions, of the County of Hawaii. This chapter,
designed to reduce flood losses, shall take precedence over any less restrictive,
conflicting laws, ordinances, and regulations. This chapter is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this chapter and another chapter, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
In the event of a conflict between this chapter and the National Flood
Insurance Program and Related Regulations (NFIP), as amended, the more
restrictive provision will govern.
SECTION 7. Chapter 27, article 2, section 27-12, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-12. Definitions.
[(a~] Unless specifically defined below, words or phrases used in this chapter
shall be interpreted so as to give them the meaning they have in common usage
and to give this chapter its most reasonable application.
3
"Accessory use" means a use which is incidental and subordinate to the
principal use of the parcel of land on which it is located.
"Appeal" means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter or denial of a request for a variance.
{(3~] "Area of shallow flooding" means a designated AO or AH zone on the
Flood Insurance Rate Map (FIRM). The base flood depths range from one to three
feet; a clearly defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
[(4)] "Backfill" means the placement of fill material within a specified
depression, hole or excavation pit below the surrounding adjacent ground level as
a means of improving [#Ieed-water] floodwater conveyance or to restore the land
to the natural contours existing prior to excavation.
{{3)] "Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given year (also called the "one-hundred-year
flood").
{(6)] "Base flood elevation" means the water surface elevation of the base
flood.
{(~j] "Basement" means any area of the building having its floor subgade
(below ground level) on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and
whether constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material which is not part of the structural support of the
building and which is designed to break away under abnormally high tides or
wave action without causing any damage to the structural integrity of the building
on which they are used or any buildings to which they might be carried by [#Ieed
,.,antes] floodwaters. A breakaway wall shall have a safe design loading
resistance of not less than ten and no more than twenty pounds per square foot.
Use of breakaway walls must be certified by a [registered] licensed structural
engineer or architect and shall meet the following conditions: (A) breakaway wall
collapse shall result from a water load less than that which would occur during the
base flood; and (B) the elevated portion of the building shall not incur any
structural damage due to the effects of wind and water loads acting
simultaneously in the event of the base flood.
[(-9)] "Coastal high hazard area" -See "Zone V" and "Zone VE."
{(~8)] "Critical feature" means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire
system would be compromised.
[(~-1-)] "Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage of
equipment or materials.
"Drainage facility" -See "Watercourse."
"Encroachment" means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into a floodplain
which may impede or alter the flow capacity of a floodplain.
4
[(14)] "Existing manufactured home park or subdivision" means a manufactured
home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including, at a minimum,
the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed before May 5, 1982.
[(I3j] "Fill" is the placement of fill material at a specified location to bring the
ground surface up to a desired elevation.
"Fill material" can be natural sand, dirt, soil or rock. For the purposes of
floodplain management, fill material may include concrete, cement, soil cement,
brick, or similar material as approved on a case-by-case basis.
[(I-~] "Flood, flooding, or floodwater" means (A) a general and
temporary condition of partial or complete inundation of normally dry land areas
from (i) the overflow of inland or tidal waters, (ii) the unusual and rapid
accumulation of runoff or surface waters from any source which are
approximately caused by flooding as defined in paragraph (A)(ii) of this
definition and are akin to a river of water on the surfaces of normally dry land
areas, as when earth is carried by a current of water and deposited along the path
of the current; and (B) the collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels or suddenly caused by an
unusually high water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as flash flood or an abnormal
tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in paragraph (A)(i) of this definition.
[(~8)] "Flood elevation determination" means a determination by the Federal
Insurance Administrator of the water surface elevations of the base flood, that is,
the flood level that has a one percent or greater chance of occurrence in any given
year.
[(~9)] "Flood elevation study" or "flood study" means an examination,
evaluation, and determination of flood hazards and, if appropriate, corresponding
water surface elevations, or an examination, evaluation, and determination of
flood-related erosion hazards.
[(29)] "Flood Insurance Rate Map (FIRM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
[(2}j] "Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate
Map, and the water surface elevation of the base flood.
[(2-2~j] "Floodplain or flood-prone area" means any land area susceptible to being
inundated by water from any source (see definition of "flooding").
"Floodplain administrator" is the individual appointed to administer and
enforce the floodplain management regulations. This person shall be the director
of public works of the County of Hawaii or the director's duly authorized
representative.
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[(24j] "Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not
limited to emergency preparedness plans, flood control works and floodplain
management regulations.
[(~3~] "Floodplain management regulations" means zoning ordinances,
subdivision regulations, building codes, health regulations, and special purpose
ordinances.
[(~j] "Flood protection system" means those physical structural works for
which funds have been authorized, appropriated, and expended and which have
been constructed specifically to modify flooding in order to reduce the extent of
the area within a community subject to a "special flood hazard" and the extent of
the depths of associated flooding. Such a system typically includes hurricane tidal
barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying
works are those constructed to conform with sound engineering standards.
[(~j] "Floodproofing" means any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary facilities,
structures, and their contents.
[(~8j] "Floodway" or "regulatory floodway" means the channel of a river or
other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood[...:«r .........~...:..e~.. :.,,._e....:.,.. ...._r
ol~ ...a: a ?1.,... e F ..a].
[(~9~] "Floodway fringe" is the areas of a floodplain on either side of the
designated floodway where encroachment may be permitted.
[(3Aj] "Fraud and victimization" related to article 5, variances, of this chapter
means that the variance granted must not cause fraud on or victimization of the
public. In examining this requirement, the director of public works will consider
the fact that every newly constructed building adds to government responsibilities
and remains a part of the community for fifty to one hundred years. Buildings that
are permitted to be constructed below the base flood elevation are subject during
all those years to increased risk of damage from floods, while future owners of the
property and the community as a whole are subject to all the costs, inconvenience,
danger, and suffering that those increased flood damages bring. In addition, future
owners may purchase the property, unaware that it is subject to potential flood
damage, and can be insured only at very high flood insurance rates.
[(-31-j] "Freeboard" means a factor of safety usually expressed in feet above a
flood level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unlaiown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed.
[E3~j] "Functionally dependent use" means a use which cannot perform its
intended purpose unless it is located or carried out in close proximity to water.
The teen includes only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and ship repair
6
facilities, but does not include long-term storage or related manufacturing
facilities.
[(33~] "General floodplain" -See "Zone A."
[(34)] "Hazdship" as related to article 5, variances, of this chapter means the
hazdship that would result from a failure to grant the requested variance. The
director of public works requires that the variance be exceptional, unusual, and
peculiaz to the property involved. Mere economic or financial hazdship alone is
not exceptional. Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors likewise cannot, as a
rule, qualify as exceptional hardships. All of these problems can be resolved
through other means, without ganting a variance. This is so even if the alternative
means aze more expensive or complicated than building with a variance, or if they
require the property owner to put the parcel to a different use than originally
intended, or to build elsewhere.
[(33j] "Highest adjacent grade" means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a structure.
[(36j] "Historic structure" means any structure that is: (A) listed individually in
the National Register of Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register; (B) certified or
preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district registered
historic district; (C) individually listed on a State of Hawaii inventory of historic
places[;] where the historic preservation propxam has been approved by the
Secretary of the Interior; or (D) individually listed on a local inventory of historic
places in communities with historic preservation programs that have been
certified either: (i) by an approved State program as determined by the Secretary
of the Interior, or (ii) directly by the Secretary of the Interior in states with
approved programs.
"Levee" means aman-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection from
temporary flooding.
[(3S)] "Levee system" means a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and drainage devices,
which are constructed and operated in accord with sound engineering practices.
[(39}] "Lowest floor" means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure, usable solely for
parking of vehicles, building access, or storage in an area other than a basement
area is not considered a building's lowest floor provided that such enclosure is not
built so as to render the structure in violation of the applicable nonelevation
design requirements of this chapter.
[(49)] "Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when attached to the required utilities. The tenn
7
"manufactured home" includes a "mobile home" but does not include a
"recreational vehicle."
[(41-)] "Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
[(42~] "Market value." For the purposes of determining substantial improvement,
market value pertains only to the structure in question. It does not pertain to the
land, landscaping, or detached accessory structures on the property. For
determining substantial improvement, the value of the land must always be
subtracted. Acceptable estimates of market value can be obtained from the
following sources:
(A) Independent appraisals by a professional appraiser[.-] licensed by
the State.
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~ Property appraisals used for tax assessment purposes[.-] by the
Count}_de~artment of finance, real property tax office.
[(d~] l~ The value of buildings taken from National Flood Insurance
Program claims data[ This value shall
be used as a screening tool to identify those structures where the
substantial improvement ratio is less than forty_percent or rg
ester
than sixty percent.
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[(4~-}] "Mean sea level" means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum of 1929 or other datum, to which
base flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
[(44)] "Minimum necessary" related to article 5, variances, of this chapter means
the minimum necessary to afford relief to the applicant of a variance with a
minimum deviation from the requirements of this chapter. In the case of variances
to an elevation requirement, this means the director of public works need not
grant permission for the applicant to build at grade, for example, or even to
whatever elevation the applicant proposes, but only that level that the director of
public works believes will both provide relief and preserve the integrity of this
chapter.
[(43j] "New construction[,]" for floodplain management purposes, means
structures for which the "start of construction" commenced on or after May 5,
1982[.] ,and includes an subsequent improvements to such structures.
8
[(46)] "New manufactured home pazk or subdivision" means a manufactured
home pazk or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including at a minimum,
the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after May 5, 1982.
[(4?)] "Obstruction" includes but is not limited to any dam, wall, wharf,
embankment, levee, dike, pile, abutment, protection, excavation, channelization,
bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure,
vegetation, or other material in, along, across, or projecting into any watercourse
which may alter, impede, retard, or change the direction and/or velocity of the
flow of water, or due to its location, its propensity to snare or collect debris
carried by the flow of water or its likelihood of being carried downstream.
[(48)] "One-hundred-year flood" means a flood which has a one percent annual
probability of being equalled or exceeded. It is identical to the "base flood."
[(49j] "One-hundred-year floodplain" means any area of ]and susceptible to
being inundated by water from any source generated by the one-hundred-year
flood.
[(30)] "Primary frontal dune" means a continuous or neazly continuous mound or
ridge of sand with relatively steep seaward and landward slopes immediately
landwazd and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms. The inland limit of the primary
frontal dune occurs at the point where there is a distinct change from a relatively
mild slope.
[(3-~)] "Principal structure" means a structure used for the principal use of the
property as distinguished from an accessory use.
"Recreational vehicle" means a vehicle which is: (a) built on a single
chassis; (b) 400 square feet or less when measured at the largest horizontal
proiection; (c) designed to be self-pronelled or permanently towable by a light
duty truck; and (d) designed primarily not for use as a permanent dwelline but as
temporary living~uarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse
ja~nd the adjacent land areas that must be reserved in order to dischazge the base
llood[...:41.....4 .....«..~..ti....~.. Q... .....4..« ..~......4:..« .«..~o 11...«
,,..n:....~~t].
"Repetitive loss structure" means home or business that was dama eg d by
flood two times in the past ten years, where the cost of fully repairing the flood
damage to the building, on the average, equaled or exceeded twenty-five percent
of its market value at the time of each flood.
[(3~] "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
[(34)] "Sand dunes" means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
[(33~] "Sheet flow area" -See "area of shallow flooding."
[(3~] "Special flood hazazd area" means an area having special flood, mudslide
(i.e. mudflowl and/or flood-related erosion hazards, and shown on the Flood
Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE or V.
9
"State" means the State of Hawaii.
[(3~j] "Start of construction" includes substantial improvement and other
proposed new development and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within one hundred-eighty days
from the date of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
[(38)] "Structure" means a walled and roofed building, including a gas or liquid
storage tank, that is principally above Bound, as well as a manufactured home.
[(39j] "Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would
equal or exceed fifty percent of the market value of the structure before the
damage occurred.
[(b0)] "Substantial improvement." For the purposes of this chapter, the
determination of whether any improvements constitute substantial improvements
is applicable only to structures built prior to May 5, 1982 or buildings constructed
after May 5, 1982 which were not within a special flood hazard area at the time of
issuing the building permit. "Substantial improvement" means any repair,
reconstruction, rehabilitation, addition, or other proposed new development of a
structure, the cost of which is determined and certified by a contractor, en ig Weer,
or architect licensed by the State, and which equals or exceeds fifty percent of the
market value of the structure before the "start of construction" of the
improvement which shall be the sum of all costs of all such work performed in the
previous [thee] ten years including the cost of the current work being considered.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however,
include either (A) any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions; or (B) any alteration of a
"historic structure," provided that the alteration will not preclude the structure's
continued designation as a "historic structure."
[(~j] "Variance" means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be prohibited by this
chapter.
10
"Violation" means the failure of a structure or other development to be
fully compliant with the community's floodplain management reQUlations. A
structure or other development without the elevation certificate, other
certifications, or other evidence of compliance with this chapter is presumed to be
in violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National
Geodetic Vertical Datum of 1929, (or other datum, where specified) of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
[(g3~] "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel,
or other topogaphic feature on or over which waters flow at least periodically.
Watercourse includes specifically designated areas in which substantial damage
may occur.
[(b4j] "Zone A" is the special flood hazazd azea that corresponds to the
one-hundred-year floodplains that are determined in the Flood Insurance Study by
approximate methods. Because detailed hydraulic analyses are not performed for
such areas, base flood elevations or depths have not been determined within this
zone.
[(~j] "Zone AE" is the special flood hazazd area that corresponds to the
one-hundred-year floodplains that are determined in the Flood Insurance Study by
detailed methods. Whole-foot base flood elevations derived from the detailed
hydraulic analyses have been determined at selected intervals within this zone.
"Zone AH" is the special flood hazard area that corresponds to the areas of
one-hundred-year shallow flooding (usually areas of ponding) where average
depths are between one and three feet. Whole-foot base flood elevations derived
from the detailed hydraulic analyses have been determined at selected intervals
within this zone.
[(§~j] "Zone AO" is the special flood hazard area that corresponds to the azeas of
one-hundred-year shallow flooding (usually sheet flow on sloping terrain) where
average depths are between one and three feet. Average whole-foot depths
derived from the detailed hydraulic analyses have been determined within this
zone.
[(g8~] "Zone A99" is the special flood hazard area where enough progress has
been made on a protective system, such as dikes, dams, and levees, to consider it
complete for insurance rating purposes. Base flood elevations have not been
determined for areas designated as Zone A99.
[(69}] "Zone V" is the special flood hazard area that corresponds to the
one-hundred-year coastal floodplains extending from offshore to the inland limit
of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. It is an azea subject to high
velocity waters, including coastal and tidal inundation or tsunamis. Base flood
elevations have not been determined for areas designated as Zone V.
[(~8j] "Zone VE" is the special flood hazard area that corresponds to the
one-hundred-year coastal floodplains extending from offshore to the inland limit
of a primazy frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. It is an area subject to high
velocity waters, including coastal and tidal inundation or tsunamis. Whole-foot
11
base flood elevations derived from the detailed hydraulic analyses have been
determined at selected intervals within this zone.
[(~1-)] "Zone X shaded " a~°:~-~°•:~« « a,.,.,7] are areas o$s
moderate flood hazard corresponding to areas of the five-hundred-year
floodplain, areas ofone-hundred-year flooding where average depths are less than
one foot, areas ofone-hundred-year flooding where the contributing drainage area
is less than one square mile, and areas protected from the one-hundred-year flood
by levees[; ins .«..1 a,.,.a 1,.,..,.«A e «a:«,..,. o ,......:,70 ,.r a,o r...o
1,..«,7-...] 11.....7«1..:« 0...... Fl.....7 ..1 ,.....ti,.«.. .7e«tl.., 1....,o «..t l.oo«
"Zone X (not shaded)" are areas of minimal flood hazard corresponding to areas
outside of the five-hundred-vear floodplain. Base flood elevations or depths have
not been determined for Zone X.
"Zone D" is the other areas that correspond to unstudied areas where flood
hazards are undetermined, but possible.
SECTION 8. Chapter 27, article 3, section 27-14, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-14. Director of public works approval.
No building permit, certificate of occupancy, or gading permit shall be
issued, no building shall be occupied, and no development or subdivision shall
be approved without the approval of the director of public works with respect to
compliance with the provisions of this chapter.
SECTION 9. Chapter 27, article3, section 27-16, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-16. Duties and responsibilities of the floodplain administrator.
The floodplain administrator, with the cooperation and assistance of other
County departments, shall administer this chapter. The duties and responsibilities
of the floodplain administrator shall include, but not be limited to:
(a) Permit review.
(1) All building permits, certificates of occupancy, grading permits,
and development or subdivision proposals shall be reviewed to
determine whether the requirements of this chapter have been
satisfied;
(2) All other development permits referred by other governmental
departments and agencies shall be reviewed for consistency with
the requirements of this chapter;
(3) All permits and proposals shall be reviewed to determine that site
is reasonably safe from flooding[;;-er~d] and require in flood- rp
one
areas that all new construction, improvements to repetitive loss
structures and substantial improvements (including manufactured
homes) shall be:
12
Designed and adequately anchored to prevent flotation,
collapse, or lateral movement;
Constructed offlood-resistant materials;
Constructed by methods and practices that minimize flood
damage; and
Constructed with electrical, heating, ventilation, plumbing.
and air conditionine equipment and other service facilities
that are designed and/or located so as to prevent water from
entering_or accumulating within the components during
conditions of flooding;
(4) All permits shall be reviewed to determine that the proposed
development ra...... °a..°~n°~.. nFF °..w° n «a
°
`~m-av2rJ2ly--ux{ie8t9~~ ° X1.,.4 al.,. .....l..a:..,, „Cf ,.4 ,.F .1,°
a°..°'°«•-•°«'] when combined with all other existing and
anticipated development will not increase the water surface
elevation of the base flood at any point[.-] ,,and
Ensure all State and Federal permits are obtained.
(b) Information to be maintained.
(1) The Flood Insurance Study and Flood Insurance Rate Maps for the
County of Hawaii;
(2) The certification of lowest floor elevation;
(3) The certification of floodproofing for spaces below the base flood
elevation;
(4) The certification of final pad elevation where a site is filled above
the base flood elevation;
(5) The certification that an encroachment in the floodway will not
result in any increase in flood levels during base flood dischazge;
and
(6) The certification of elevation and structural support for structures
in the coastal high hazard area.
(c) Interpretation of maps. The director of public works shall make
interpretations where needed, as to the exact location of the boundaries of
the areas of special flood hazards (for example, where there appears to be
a conflict between a mapped boundary and actual field conditions). A
person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in article 5.
Change in base flood elevations. Whenever base flood elevations increase
or decrease as a result of physical changes affecting flooding conditions,
as soon as practical, but no later than six months after the date such
information becomes available, the floodplain administrator shall notify
the Federal Insurance Administration of the chan eg s by submitting
technical or scientific data through the Letter of Map Revision process.
Such a submission is necessary so that upon confirmation of those
13
physical changes affectin¢ flooding conditions, risk premium rates and
floodplain management requirements will be based upon current data.
~ Use of other base flood data. When base flood elevation data has not
been provided in accordance with section 27-6, the floodplain
administrator shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a Federal or State agency, or
other source, in order to administer article 4. Any such information shall
be submitted to the County of Hawaii for adoption.
[(ej] fL1 Whenever a watercourse is to be altered or relocated:
(1) Require that the flood carrying capacity of the altered or relocated
portion of said watercourse is maintained;
(2) Notify the State of Hawaii department of land and natural
resources [~a~•~~°~°~ °P•°°`°~ (commission
on water resource management) and all adjacent property owners,
prior to such alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency.
~ Take action to remedy violations of this chapter as specified in article 6.
SECTION 10. Chapter 27, article 4, section 27-17, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-17. Certification standards.
Pre-construction and post-construction certification of elevation and
floodproofing of new construction, i~rovements to repetitive loss structures,
development, and substantial improvements within areas of special flood hazards
shall be submitted to the director of public works and shall be maintained as a
matter of public record.
(a) Pre-construction certification. Requirements for approval of the building
permit shall include the following items, as applicable, and any additional
items as required by the director of public works to promote public
welfare and safety:
(1) Certification of building plans. Each set of building plans shall be
certified by a structural engineer or architect, currently [registered]
licensed in the State of Hawaii, to be in compliance with the
requirements of this chapter.
(2) Elevation certification on building plans. The elevation of the
lowest floor shall be certified on each set of the building plans by a
civil engineer or land surveyor currently [registered] licensed in
the State of Hawaii.
(3) Special flood hazards area certification. The County of Hawaii
"Special Flood Hazard Area Certification" form, as amended, shall
be completed and certified by a structural engineer or architect
currently [registered] licensed in the State of Hawaii. The
completed "Special Flood Hazard Certification" shall be submitted
for approval with the building plans.
14
(4) Floodproofing certification. For all new nonresidential
construction and substantial improvement with enclosed aeeas
below the base flood elevation, the Federal Emergency
Management Agency "Floodproofing Certificate" form, as
amended, shall be completed and certified by an engineer or
architect currently [registered] licensed in the State of Hawaii and
shall be submitted for approval with the building plans. The
director of public works may require additional information
regarding the floodproofing design from the permit applicant and
the applicant shall provide it. The information required may
include the design data and calculations used in the floodproofing
design, a detailed flood elevation study, a drainage report, and
other information as determined necessary by the director of public
works to establish compliance with the provisions of this chapter
and to promote public welfare and safety.
(b) Post-construction certification. Requirements for approval of the
certificate of occupancy shall include the following items, as applicable,
and any additional items as required by the director of public works to
promote public welfare and safety:
(1) Elevation certification. The Federal Emergency Management
Agency "Elevation Certificate," as amended, shall be completed
and certified by a land surveyor, civil engineer, or architect
currently [~egiste~ed] licensed in the State of Hawaii and
submitted for approval with the application for the certificate of
occupancy. The infom~ation certified within the "Elevation
Certificate" shall be based on actual construction.
(2) Compliance with other requirements of this chapter.
SECTION 11. Chapter 27, article 4, section 27-18, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-18. Standards for construction.
Standards for construction within areas of special flood hazards aze
established as follows:
(a) Anchoring.
(1) New construction, improvements to repetitive loss structures, and
substantial improvements shall be adequately anchored to resist
flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
(2) All manufactured homes, including mobile homes, shall meet all
standards for structures.
(b) Construction materials and methods.
(1) New construction, improvements to repetitive loss structures, and
substantial improvement shall be constructed with materials and
utility equipment resistant to flood damage.
15
(2) New construction, improvements to repetitive loss structures, and
substantial improvement shall be constructed using methods and
practices that minimize flood damage.
(3) New construction, improvements to repetitive loss structures, and
substantial improvement shall be designed and constructed with
electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities including, but not limited to,
furnaces, heat pumps, hot water heaters, washers, dryers, elevator
lift equipment, electrical junction boxes, circuit breaker boxes, and
food freezers that are located above the base flood elevation.
(4) Within Zones V and VE, new construction, improvements to
repetitive loss structures, and substantial improvements shall
comply with the standards of section 27-23.
Recreational vehicles placed on sites within Zones AH and AE on
the FIRM shall be elevated and anchored or be on the site for less
than one hundred eighty consecutive days or be fully licensed and
hi walk
(c) Filling.
(1) Within a floodway, [F7xxriiixg] encroachments (including fill), new
construction, improvements to repetitive loss structures, substantial
improvements, and other developments, shall be prohibited unless
certified by a professional civil engineer [registered] licensed in
the State of Hawaii, with supporting data, that the encroachment
will not cause any increase in base flood elevations during the
occurrence of the base flood discharge.
Require, until a re ug latory floodway is desianated, that no new
construction, improvements to repetitive loss structures, substantial
improvements, or other development (includine. fill). shall be
permitted within Zones AE on the FIRM, unless demonstrated that
the cumulative effect of the proposed development, when
combined with all other existine and anticipated development, will
not increase the water surface elevation of the base flood at any
op int.
Within all zones of special flood hazards, but not including
Zone AE and floodways, filling which would result in the blockage
or impediment of flow and/or induce or aggravate flooding shall be
prohibited unless certified by a professional civil engineer
[registered] licensed in the State of Hawaii, with supporting data,
that the encroachment will not cause any increase in base flood
elevations during the occurrence of the base flood discharge.
[(3~] Within floodway fringe areas, filling to elevate the lowest
floor of a nonresidential structure may only be permitted where the
structure:
(A) Is floodproofed so that below the base flood elevation the
structure is watertight with walls substantially impermeable
to the passage of water, and
16
(B) Has structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy.
[(-0~] ~ In Zones V and VE, filling and the use of fill material for
structural support of buildings shall be prohibited.
(d) Elevation and floodproofing.
(1) Within Zones AE and AH:
(A) For residential new construction, improvements to
r~etitive loss structures, and substantial improvements:
The lowest floor shall be elevated to or above the
base flood elevation.
(B) For nonresidential new construction, improvements to
repetitive loss structures, and substantial improvements:
The lowest floor shall be elevated or floodproofed
to or above the base flood elevation. If the lowest floor is
below the base flood elevation, then the structure together
with attendant utility and sanitary facilities shall be
designed, [sue] constructed, and certified by a licensed
professional engineer or architect such that:
(i) The structure is watertight below the base flood
elevation.
(ii) The walls aze substantially impermeable to the
passage of water.
(iii) The structural components aze capable of resisting
hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(C) Within Zone AH, new construction, improvements to
repetitive loss structures, and substantial improvement shall
be required to provide adequate drainage paths around
structures on slopes to guide [#lesd-maters] floodwaters
around and away from proposed structures.
l~ Fuller enclosed areas below the lowest floor that are
useable solely for parking of vehicles, building access, or
storage in an area other than a basement and which are
subject to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for
meeting this reuuirement must either be certified by a
licensed professional engineer or azchitect or meet or
exceed the following criteria: A minimum of two
oroenings having a total net area of not less than one square
inch for every square foot of enclosed area subject to
flooding shall be provided. Each openin>; must be on
different sides of the enclosed azea. The bottom of all
oroeninQS shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, valves,
17
or other coverings or devices provided that thev permit the
automatic entry and exist of floodwaters.
(2) Within Zone AO:
(A) For [nerv] residential new construction, improvements to
repetitive loss structures, and substantial improvements:
The lowest floor shall be elevated above the highest
adjacent grade at least as high as the depth number
specified in feet on the FIRM, or at least two feet if no
depth number is specified.
(B) For nonresidential new construction, improvements to
repetitive loss structures, and substantial improvements:
The lowest floor shall be elevated or floodproofed
above the hi est adjacent Grade at least as hi as the
depth number specified in feet on the FIRM, or at least two
feet if no depth number is specified. If the lowest floor is
below the elevation referenced in subsection
27-18(d)(2)(A), then the structure together with attendant
utility and sanitary facilities, shall be designed, [ate]
constructed and certified by a licensed professional
eneineer or architect such that:
(i) The structure is watertight below the referenced
flood elevation.
(ii) The walls are substantially impermeable to the
passage of water.
(iii) The structural components are capable of resisting
hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(C) New construction, improvements to repetitive loss
structures, and substantial improvement shall be required
to provide adequate drainage paths around structures on
slopes to guide floodwaters around and away from
proposed structures.
(3) Within Zones V and VE: New construction, improvements to
repetitive loss structures, and substantial improvement shall
comply with the standards of section 27-23.
(4) Within Zone A: New construction, improvements to repetitive loss
structures, and substantial improvement shall comply with the
standards of section 27-24.
(e) Certification requirements. All new construction and substantial
improvement within areas of special flood hazard shall be certified as
required by the standards of section 27-17.
18
SECTION 12. Chapter 27, article 4, section 27-20, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-20. Standards for subdivisions[:] and other developments.
(a) All subdivisions and other developments within areas of special flood
hazards and flood-prone areas shall:
(1) Be consistent with the need to minimize flood damage;
(2) Have public utilities and facilities, such as sewer, gas, electrical,
and water systems, located and constructed to minimize flood
damage; and
(3) Have adequate drainage provided to reduce exposure to flood
damage.
(b) All subdivision and other development applications shall identify the azeas
of special flood hazards and base flood elevations on the proposed site. If
such information is not provided by the Flood Insurance Rate Maps, the
director of public works may request and the applicant shall provide such
information.
(c) Finally approved subdivision plans for subdivisions within areas of special
flood hazards shall provide base flood elevations within the lots.
(d) [
1...'..._n.. / A 1,.. 47.., .,,.7,1:,,.,4:,.« ,.f «;4.,~.. CLTT]T4.T D1U l1 iT
e
7,..41..... ...,:41..,_.,_..A....eA ,,..,4e.. ...._F ..e el o..,,ti..« .7 n4.. «~..~:.ie«4;f;uda
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[1 \ De,..,:«e «..««.:4.. C ..tt « ....,t ....4«...,4:..« n«A ..47,u_
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Subdivisions and other developments within areas designated as Zone A
or general flood plain shall comply with the following
Obtain all required hermits, together with those regulated by other
goverlunental agencies authorized by Federal or State law,
including section 404 of the Federal Water Pollution Control Act
Amendments of 1972. 33 U.S.C. 1334, for all proposed
construction, other developments, and the placement of
manufactured homes.
For all proposed developments and/or subdivisions greater than
either fifty lots or five acres, the developer and/or subdivider shall
include base flood elevation data within their proposal.
Comply with the requirements of section 27-24.
19
(e) fiC C.11 : nnA f,. nl n..nfn N.n n:fn nF n«., 1,.f n..1,A:..: n:..« nl....,e fl.e l.nno
LA n,.A nl n, .nf:,.« fl,n n nl nl n, .nf:,.« ,.B fl.n n:fn f.. F.il: .,«A 41.
e
F.«nl nl n..nti,.« ,.C f6n n:fn nf+a.. F'll:«.. ..l. nll 1-n nn.-f: F.nA 1.., n ««..F nn:..«nl
.:1n in«An n«N.. «n..:nfe«vA f6o Cfnfo ..C
aLT-~n'v.P'aiTl
All developments requirine a site drainage plan under section 25-2-72(31
~anticipatedl shall submit such a plan for review and approval by the
director of public works. The site drainage plan shall comply with
sections 27-20L) and (bl and section 27-24, and shall include a storm
water disposal system to contain run-off caused by the proposed
development, within the site boundaries, up to the expected one-hour, ten
year storm event, as shown in the Department of Public Works "Storm
Drainage Standards," dated October 1970, or any approved revision,
unless those standards speci fy a greater recurrence interval. The amount
of expected runoff shall be calculated according to the Department of
Public Works "Storm Drainage Standards," dated October 1970, or anv
approved revision, or by anv nationally-recognized method meeting with
the approval of the director of public works. Runoff calculations shall
include the effects of all improvements.
(fl Storm water shall be disposed into drywells, infiltration basins, or other
approved infiltration methods. The development shall not alter the eg neral
drainage pattern above or below the development.
SECTION 13. Chapter 27, article 4, section 27-22, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-22. Standards for floodways.
The floodway identified on the Flood Rate Insurance Maps and located
within areas of special flood hazard is the watercourse reserved to discharge the
base flood. Since the floodway is an extremely hazardous area due to the velocity
of [#leed-waters] floodwaters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
(a) Encroachments, including fill, new construction, improvements to
repetitive loss structures, substantial improvement, and other new
development shall be prohibited unless certification and supporting data is
provided by a [registered] licensed professional engineer or architect
demonstrating that the encroachment will not cause any increase in base
flood elevations during the occurrence of the base flood discharge.
(b) If an encroachment within a floodway is allowed under the conditions of
paragraph 27-22(a), all new construction, improvements to repetitive loss
structures substantial improvement and other proposed new development
shall comply with all applicable flood hazard reduction provisions
established in this chapter.
20
(c) The following uses, not involving fill, shall be evaluated on a case-by-case
basis to establish that the use does not cause any increase in base flood
elevations:
(1) Public and private outdoor nonstructural recreational facilities, lawn,
garden, and play areas;
(2) Agricultural uses, including farm, gazing, pasture, and outdoor plant
nurseries; and
(3) Drainage improvements, such as channels and stream crossings.
SECTION 14. Chapter 27, article 4, section 27-23, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-23. Standards for coastal high hazard areas.
Coastal high hazard areas, more commonly known as tsunami inundation
areas, are identified as Zone V or Zone VE on the Flood Insurance Rate Maps.
Within coastal high hazard areas, the following standards shall apply:
(a) All new construction, improvements to repetitive loss structures, and
substantial improvements in a coastal high hazard area shall be
constructed with materials and utility equipment resistant to flood damage
and using methods and practices that minimize flood damage.
(b) New construction, improvements to repetitive loss structures, and
substantial improvement shall be elevated on adequately anchored pilings
or columns and securely anchored to such pilings or columns so that the
lowest horizontal portion of the structural members of the lowest floor,
excluding the pilings and columns, is elevated to or above the base flood
level. The pile or column foundation and structure attached thereto shall
be anchored to resist flotation, collapse, and lateral movement due to the
effects of wind and water loads acting simultaneously on all building
components. The wind and water loading values shall each have a one
percent chance of being equaled or exceeded in any given year.
(c) New construction, improvements to repetitive loss structures, and other
development shall be located on the landward side of the reach of mean
high tide.
(d) New construction, improvements to repetitive loss structures, and
substantial improvement shall have the enclosed space, if any, below the
lowest floor free of obstructions and constructed with breakaway walls as
defined in section 27-12. Such enclosed space shall not be used for human
habitation and will be useable solely for parking of vehicles, building
access, or storage. Machinery and equipment which service the building,
such as furnaces, air conditioners, heat pumps, hot water heaters, washers,
dryers, elevator lift equipment, electrical junction and circuit boxes, and
food freezers are not permitted in such enclosed spaces. The enclosed
space must only be achieved with breakaway walls, open wood
latticework, or insect screening intended to collapse under wind and water
loads without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system. A
2]
breakaway wall shall have a design safe loading resistance of not less than
ten and no more than twenty pounds per square foot. Use of breakaway
walls which exceed a design safe loading resistance of twenty pounds per
square foot may be permitted only if a [registered] licensed professional
structural engineer certifies that the design proposed meets the following
conditions:
(1) Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and
(2) The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement, or other
structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural and
nonstructural). Maximum wind and water loading values to be
used in this determination shall each have a one percent chance of
being equaled or exceeded in any given year (one-hundred-year
mean recurrence interval).
(e) Fill shall not be used for structural support of buildings.
(f) Man-made alteration of sand dunes which would increase potential flood
damage is prohibited.
(g) All new construction, improvements to repetitive loss structures.
development, and substantial improvement within coastal high hazard
areas shall be certified as required by section 27-17.
Recreational vehicles placed on sites within Zones V and VE on the FIRM
shall be elevated and anchored or be on the site for less than one hundred
eiehty consecutive davs or be fully licensed and hi way ready.
SECTION 15. Chapter 27, article 4, section 27-24, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-24. Standards for general floodplain.
The general floodplain, identified as Zone A on the Flood Insurance Rate
Maps, are areas of special flood hazards for which detailed engineering studies
are not perfonned by the Federal Insurance Administration to determine the base
flood elevations and to identify the floodways.
(a) To determine base flood elevations and the locations of floodways within
the general floodplain, the director of public works may obtain, review,
and reasonably utilize any base flood elevation and floodway data
available from a Federal, State, or other source, including information
requested of a permit applicant.
(b) [men] Development or subdivision proposals shall conform with
the requirements of section 27-20.
(c) The following information shall be provided by a permit applicant to the
director of public works to evaluate the proposed construction or
improvement site within a general floodplain area:
22
(1) Project location and site plan showing dimensions.
(2) Relationship to floodway and floodway fringes as determined by
flood elevation study.
(3) Contour map showing the topography of existing ground based on
elevation reference marks on flood maps. The scale and contours
are to be appropriate to the work in question.
(4) Existing and proposed base flood elevations.
(5) Existing and proposed floodproofing and flood control measures.
(d) New construction, improvements to repetitive loss structures, and
substantial improvements within the general floodplain shall satisfy the
requirements set forth for Zones AE, AH, AO, or VE as is determined to
be applicable by the director of public works based on base flood
information and floodway data obtained through subsections 27-24(a) and
27-24(b).
(e) The director of public works may waive informational requirements if the
director of public works has sufficient information to make an evaluation
and detennination regarding flood elevation or may request further
information, including a detailed flood elevation study and a drainage
report, to evaluate flood risks and determine the applicability of flood
construction and development standards.
(f) All new construction, i~rovements to repetitive loss structures,
development, and substantial improvement within the general floodplain
shall be certified as required by section 27-17.
(p,1 All manufactured homes shall be elevated and anchored to resist flotation,
collapse, or lateral movement.
SECTION 16. Chapter 27, article 4, section 27-25, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-25. Standards for development adjacent to drainage facilities.
New construction improvements to repetitive loss structures, and substantial
improvements proposed adjacent to drainage facilities outside of the special flood
hazard areas identified on the Flood Insurance Rate Maps shall be subject to
review and approval of the director of public works.
(a) Upon request by the director of public works, further information
concerning base flood elevation, floodways, surface water runoff, existing
and proposed drainage patterns, and other information, including a
detailed flood elevation study, drainage report, and findings and opinions
by a [registered] licensed professional civil engineer, shall be provided to
evaluate potential flooding.
(b) The director of public works shall determine the applicability of the
various development and construction standards provided in this chapter
based upon information available from a Federal, State, or other source,
including information provided by the permit applicant.
(c) A drainage facility shall not be modified, constructed, lined, or altered in
any way without the approval of the director of public works.
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SECTION 17. Chapter 27, article 4, section 27-26, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-26. Storm drainage standards.
The department of public works, County of Hawai`i's "Storm Drainage
Standard," October 1970 edition, or latest revision is incorporated into and made
a part of this chapter. These standazds have been prepared to guide County
engineers and personnel, engineers for subdivision and other developers,
consultants employed by the department of public works, and other interested
parties in the general features required for the design of storm drainage facilities,
preparation of flood hazard studies, and other related work in the County of
Hawaii.
SECTION 18. Chapter 27, article 5, section 27-27, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-27. Criteria for variances.
A variance from this chapter may be issued by the director of public works
only upon the applicant meeting the variance criteria of this section. The variance
criterion [criteria] set forth in this section are based on the general principle of
zoning law that variances pertain to a piece of property and aze not personal in
nature. A properly issued variance is granted for a parcel of property with
physical chazacteristics so unusual that complying with the requirements of this
chapter would create an exceptional hardship to the applicant or the surrounding
property owners. The chazacteristics must be unique to the property and not be
shazed by adjacent parcels. The unique characteristic must pertain to the land
itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the County of Hawaii to help protect its citizens from
flooding. This need is so compelling and the implications of the cost of insuring a
structure built below flood level are so serious that variances from the flood
elevation or from other requirements of this chapter are quite rare. The variance
guidelines are detailed and contain multiple provisions that must be met before a
variance can be properly granted. The following criterion [criteria] are designed to
screen out those situations in which alternatives other than a variance are more
appropriate:
(a) Generally, variances may be issued for new construction, improvements to
repetitive loss structures, substantial improvement, and other proposed
new development to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing that the procedures of articles 3 and
4 of this chapter have been fully considered. As the lot size increases
beyond one-half acre, the technical justification required for issuing the
variance increases.
(b) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood dischazge would result.
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(c) Variances shall only be issued upon:
(1) A showing of good and sufficient cause. Under this [er'iterie]
criterion, the applicant must demonstrate that the variance request
is for land which has physical chazacteristics so unusual that
complying to flood requirements will create exceptional hazdship
to the applicant or surrounding landowners. The unique
characteristic must pertain to the land itself and not the structure,
its inhabitants, or the property owner.
Under this [eriteria] criterion, only exceptional instances
should arise where the physical characteristics of properties create
a hardship sufficient to justify granting a variance. Even in a fairly
common situation where an undeveloped lot is surrounded by
properties with structures built at grade and/or below flood levels,
a variance cannot be justified since an applicant can erect the
concerned structure on pilings, etc.;
(2) A determination that failure to grant the variance would result in
exceptional "hardship" (as defined in section 27-12) to the
applicant. Under this [eriteria] criterion, the hardship that would
result from failure to grant a requested variance must be
exceptional, unusual, and peculiar to the property involved.
Economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors cannot,
generally, qualify as exceptional hazdship. Under this [criteria]
criterion, for example, a member of a household is physically
handicapped and wants a variance to build the dwelling at grade or
at a lower level for access purposes. A variance should not be
issued because the owner can construct a ramp or elevator to meet
flood requirements. Elevation will allow the infirm or handicapped
person to be evacuated in the early stage of flooding, and, if there
is insufficient warning or help in evacuating that person, then, in
all likelihood, he can survive the flood by simply remaining in the
home safely above the levels of [Heed-waters;] floodwaters
(3) A determination that the variance is the "minimum necessary" (as
defined in section 27-12), considering the flood hazard, to afford
relief. Under this [eriterie] criterion, the variance that is granted
should be for the minimum deviation from the flood requirements
that will still alleviate the hardship. In the case of variance to an
elevation requirement, this does not mean approval to build at
grade level or to whatever elevation an applicant proposes, but
rather to a level that the director of public works determines will
provide relief and preserve the integrity of the flood ordinance; and
(4) A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause "fraud or
victimization" (as defined in section 27-12) of the public, or
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conflict with existing local laws or ordinances. Under this [er-iterie]
criterion, an applicant must demonstrate that flood levels will not
be raised above the base flood elevations.
(d) Variances maybe issued for new construction, improvements to repetitive
loss structures, substantial improvement, and other proposed new
development necessary for the conduct of a "functionally dependent use"
(as defined in section 27-12) provided that the provisions of paragraphs
27-27(a) through 27-27(c) are satisfied and that the structure or other
development is protected by methods that minimize flood damages during
the base flood and create no additional threats to public safety.
(e) Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic chazacter and design of the structure.
(f) Variances maybe issued for improvement of a structure to correct existing
violations of State or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official and
which are the minimum necessary to assure safe living conditions.
(g) Variances maybe approved with conditions. Such conditions may include:
(1) Modification of the construction or substantial improvement,
including the sewer and water facilities.
(2) Limitations on periods of use and operation.
(3) Imposition of operational controls, sureties, and deed restrictions.
(4) Requirements for construction of channels, dikes, ditches, swales,
levees, and other flood-protective measures.
(5) Floodproofing measures designed consistent with the regulatory
flood elevation, flood velocities, hydrostatic and hydrodynamic
forces, and other factors associated with the base flood.
(6) Other conditions as may be required by the director of public
works to promote public welfare and safety.
SECTION 19. Chapter 27, article 5, section 27-28, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-28. Application for variance.
An application for a variance shall be submitted to the director of public
works, signed and stamped by a [registered] licensed professional engineer or
architect, and shall include three sets of documents with the following information
as maybe applicable:
(a) Plans and specifications showing the site and location; dimensions of all
property lines and topographic elevation of the lot; existing and proposed
structures and improvements, fill, storage area; locations and elevations of
existing and proposed streets and utilities; floodproofing measures;
relationship of the site to the location of the flood boundary; floodway;
and the existing and proposed flood control measures and improvements.
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(b) Cross-sections and profile of the area and the regulatory flood elevations
and profile based on elevation reference marks on flood maps.
(c) Flood study and drainage report in areas where a study and report have not
been reviewed and accepted by the County of Hawaii.
(d) Description of surrounding properties and existing structures and uses and
the effect of the regulatory flood on them caused by the variance.
(e) Evaluation and supporting information for the variance with respect to the
factors to be considered by the director of public works as listed in
paragraphs 27-27(a)through 27-27(f).
(f) An agreement that a covenant will be inserted in the deed and other
conveyance documents of the property and recorded with the bureau of
conveyances of the State of Hawaii, stating that the property is located in
a flood hazard area subject to flooding and flood damage; that a flood
hazazd variance to construct a structure below the base flood elevation will
result in increased flood insurance rates and increases flood risks to life
and property; that the property owners will not file any lawsuit or action
against the County of Hawaii for costs or damages or any claim; that the
property owners will indemnify and hold harmless the County of Hawaii
from liability when such loss, damage, injury, or death results due to any
flood hazard variance and flooding of the property; and that upon approval
of the variance, the covenants shall be fully executed and proof of
recording with the bureau of conveyances shall be submitted to the
director of public works prior to the issuance of a building permit.
(g) Such other information as may be relevant and requested by the director of
public works.
SECTION 20. Chapter 27, article 5, section 27-30, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-30. Recording and reporting of variances.
(a) Any applicant to whom a variance is granted shall be given written notice over
the signature of the director of public works that:
(1) The issuance of a variance to construct a structure at elevations
below the base flood level will result in increased premium rates
for flood insurance[;] up to amounts as high as $25 for $100 of
insurance coveraee;
(2) Such construction below the base flood level increases risks to life
and property; and
(3) A copy of the notice shall be recorded with the State of Hawaii
bureau of conveyances and shall be recorded in a manner so that it
appears in the chain of title of the affected parcel of land.
(b) A record of all vaziance actions, including justifications for issuance of
any variance[;] and written notices, shall be maintained by the director of
public works. A report of the variances issued shall be included in the
biennial report submitted to the Federal Insurance Administration, Federal
Emergency Management Agency.
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SECTION 21. Chapter 27, article 6, section 27-34, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-34. Administrative order.
(a) In lieu of or in addition to section [27-3~] 27-33, if the director of public
works determines that any person, firm, or corporation is not complying
with the requirements of this chapter or a notice of violation for a violation
of this chapter, the director of public works may have the party
responsible for the violation served, by certified mail or delivery, with an
order pursuant to this section.
(b) The order may require the party responsible for the violation to do any or
all of the following:
(1) Correct the violation within the time specified in the order;
(2) Pay a civil fine of not less than $500 and not more than $1,000 in
the manner, at the place, and before the date specified in the order;
(3) Pay a civil fine of not less than $500 per day and not more than
$1,000 per day for each day that the violation persists, in the
manner and at the time and place specified in the order.
(c) The order shall become final thirty days from the date of service unless the
party served requests a hearing under chapter 91, Hawaii Revised
Statutes. If a hearing is requested, no fine shall be imposed except upon
completion of the hearing. In determining the amount of the fine, the
director of public works shall consider the seriousness of the violations,
any history of such violations, any good-faith efforts to comply with the
applicable requirements, the economic impact of the fine on the violator,
and such other considerations that have a bearing on the amount of the
fine.
(d) The director of public works may institute a civil action in any court of
competent jurisdiction for the enforcement of any order issued pursuant to
this section. Where the civil action has been instituted to enforce the civil
fine imposed by said order, the director of public works need only show
that the notice of violation and order were served, that a civil fine was
imposed, the amount of the civil fine imposed, and that the fine has not
been paid.
SECTION 22. Chapter 27, article 6, section 27-37, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-37. Removal of encroachment and/or obstruction notices.
In addition to any other section, if any encroachment and/or obstruction
exists, under, over or through any portion of a drainageway, floodway, levee
system or watercourse within the County and the encroachment and/or obstruction
is observed, or a complaint made to the department of public works of the County
of Hawaii, then the department of public works shall investigate and forthwith,
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give notice to the owner to remove the encroachment and/or obstruction in the
manner provided in this [°°°occtivic] article.
SECTION 23. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 24. 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 declared to be severable.
SECTION 25. This ordinance shall take effect upon its approval.
INTRODUCED BY:~p
COUNCIL
MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm: r76
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