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HomeMy WebLinkAboutCOM 0178.000 2006-2008 JMYY Oi ' Dixie Kaetsu Harry Kim = ~ad~;<•: Mayor Managing Director - _ Barbara J• Kossow ~i~~ Deputy Managing Director • OF Ni C~DLI1Tf~1 II~ ~tC~1TMit 25 Aupuni Street, Room 215 Hilo, Hawaii 96720252 (808) 961-821 l • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, HawaPi 96740 (808) 329-5226 Fax (808) 326-5663 r•.> January 22, 2007 ~7 ~ . i.,; i rv s Honorable Pete Hoffmann, Chair And Members of the County Council HAWAII COUNTY COUNCIL County of Hawai' i ~ 333 Kilauea Avenue Hilo, HI 96720 Dear Chair Hoffmann and Members of the County Council: SUBJECT: AMENDMENTS TO CHAPTER 23 (SUBDIVISION, 25 (ZONING) AND 27 (FLOOD CONTROL) -HAWAII COUNTY CODE (2005 EDITION) Enclosed find a proposed bill amending Chaps. 23, 25, and 27 of the Hawaii County Code, along with a letter from the Planning Director explaining the reasons for the proposed amendments, and a letter from the Planning Commission transmitting a favorable recommendation on these proposed changes. S' el 1/~w~ RRY~ Mayor CJY:pak Wpwin60/Chris2/Mayor -Amendments to Chaps 23, 25 & 27 Attachments ~'~1152~ Comm. No. Re.f To: . . h .t Dw~kc ^ 9 2007 Hawaii County is an Equal Opportunity Provider and Employer `~„cr w N+~ Harry Kim »v Christopher J• Yuen Mayor Director ~,,e Brad Kurokawa, ASLA LEED®AP lLL1 t.111•ty5 1Y1 ~~~~tt Depury Director PLIALNNINlIG DEPARTMENT 101 Pauahi Sveet, Suite 3 Hilo, Hawaii 96720-3043 c (808) 961-8288 FAX (808) 961-8742 S r_ r. N S January 22, 2007 iJ CJ Honorable Pete Hoffrnann, Chair And Members of the County Council HAWAII COUNTY COUNCIL County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 Dear Chair Hoffmann and Members of the County Council: SUBJECT: AMENDMENTS TO CHAPTER 23 (SUBDIVISION, 25 (ZONING) AND 27 (FLOOD CONTROL) -HAWAII COUNTY CODE (2005 EDITION) These amendments to Chap. 23, 25, and 27 of the Hawaii County Code require that most new development have onsite drainage of rainwater into drywells or other methods that infiltrate stormwater into the ground. This follows the standard practice in Hawaii County for many yeazs, but this practice has never been enacted by ordinance or formal rule. These drainage requirements help control flooding and also reduce the potential for water pollution from surface runoff. The federal Coastal Zone Act Reauthorization Amendments of 1990, sec. 6217, ("CZARA") contain a requirement that local governments enact management measures to reduce the potential pollution of natural bodies of water (such as the ocean, rivers, streams, lakes and ponds) from stormwater runoff in urban azeas. This is a program to control "non-point source pollution" from rainwater that runs off from developed areas, such as streets, parking lots, and buildings. The management measures require that the initial runoff from such areas, sometimes called the "first flush", be cleaned by being infiltrated into the ground through drywells or other porous drainage systems, or through grassy azeas such as vegetated swales, or through sand filters, or by being kept in settling basins. It is generally thought that the bulk of the chemicals that may have the potential Hawaii County is an Equal Opportunity Provider and Employer. Honorable Pete Hoffrnann, Chair And Members of the County Council HAWAII COUNTY COUNCIL County of Hawaii Page 2 January 22, 2007 to pollute natural bodies of water aze contained in the "first flush"-the first runoff after a hard rain. The goal of the program is primarily to reduce the potential for water pollution from sediments and suspended solids in the stormwater runoff. It applies to areas after construction has been completed. While construction is still underway, the primary permit requirements that deal with runoff aze the National Pollution Dischazge Elimination System ("NPDES") permit, and county gading and grubbing permits. One potential penalty for failure to enact such management measures is that the local government could lose its Coastal Zone Management Act funding. The Hawaii County Planning Deparhnent receives about $300,000/yr. in such funding each year, which it uses in its various coastal zone programs, such as reviewing SMA major and minor permits, enforcement of SMA violations, and a number of studies and educational programs, such as public access to the shoreline. The Planning Department and Department of Public Works, in consultation with the EPA and the State Office of Planning, have proposed a set of amendments to bring the county into compliance with the CZAIiA. For the most part, these amendments continue practices that have been typical in the County for many years, but aze not formally required by law. These amendments require that stormwater runoff from developed areas be drained into drywells or other approved infiltration devices that will cause the water to soak into the ground, up to the anticipated one-hour, ten year storm event. DPW has typically made this a requirement in the past for new subdivisions and for other developments as a flood control measure, so that a new development that adds impervious surfaces has to dispose of the one-hour storm ten year event on-site, rather than allowing this water to flow onto neighboring properties. Although the original purpose of the drywell requirement was flood control, the drywell also works as an infiltration device under the CZARA because it will filter out sediments and suspended solids (by filtering the water through lava rock) before it reaches any natural bodies of water. The amount of rain in the anticipated one-hour, ten year storm event differs in various parts of the island, from 2"/hr. in Kailua-Kona, to 5"/hr. in Hilo. This is well in excess of the amount that the EPA expects to be treated under the CZARA requirements. The proposed amendments to Chap. 23, 25, and 27 implement the CZARA as follows: Chap. 23 is the Subdivision Code. The amendment to sec. 23-92 would require that the subdivider construct a storm drainage system that will contain runoff and divert it to Honorable Pete Hoffinann, Chair And Members of the County Council HAWAII COUNTY COUNCIL County of Hawaii Page 3 January 22, 2007 drywells or other approved infiltration devices, up to the anticipated one-hour, ten year storm event. This will cover all new subdivisions. The proposed amendments to Chap. 25 would require that most new developments that need "plan approval" would have to first get a "site drainage plan" approved by DPW. "Plan approval" is a review by the Plazming Department that is required of new construction, except in RS, RA, A, FA, and IA zones, and single-family dwellings in all zones. So, for example, a new apartment building, hotel, industrial building, or commercial building would need plan approval. The CZARA does not cover agricultural uses, but the proposed Chap. 25 amendments include a new requirement that "major agricultural products processing facilities" receive plan approval. Although these aze allowed in A zones as a matter of right, they are often more like industrial buildings, and it would be more in keeping with the spirit of the CZARA to include such buildings under the requirements. A few types of uses that require plan approval will not need the "site drainage plan", such as the change in use of existing buildings (sec. 25-2-71(b)). The requirements of the "site drainage plan" are contained in the proposed amendments to sec. 27-20. Chap. 27 is the county's flood control code, and technically, the Planning Commission does not need to review changes to Chap. 27. The proposed amendments, however, aze a package and have to be looked at in combination with the changes to sec. 27-20. The site drainage plan also requires that the developer provide a stormwater system that contains rainwater onsite up to the one-hour, ten year storm, and discharge it into a drywell or other infiltration device. The Department of Public Works also has a set of amendments to Chap. 27 that is being forwarded to the Council under a separate cover letter. These amendments are meant to comply with requirements of the Federal Emergency Management Administration, and are mainly related to flood control issues. This bill from the Department of Public Works will probably be assigned to the Council Committee on Public Works and Inter- governmental Relations, while this proposed ordinance making changes to Chap. 23, 25, and 27 will probably be assigned to the Council Committee on Planning. We would Honorable Pete Hoffmann, Chair And Members of the County Council HAWAII COUNTY COUNCIL County of Hawaii Page 4 January 22, 2007 suggest that the committee hearings be on the same day, and that the Council take note that if changes are made to Chap. 27 on the bills, that they should be consistent between the two. Sincerely, ~2~ l ~ CHRISTOPHER J.,~~ Planning Director CJY:pak Wpwin60/CHRIS2/County Council -Amendments to Chapter 23, 25 & 27 ~SY OIM L~ e•~r -•harl'M County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Sui[e 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 December 19, 2006 Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Planning Director Initiated Amendments to Chapter 23 (Subdivision), 25 (Zoning) and 27 (Flood Control) Hawaii County Code 1983 (2005 Editionl The Planning Commission at its duly held public hearing on December 6, 2006, considered the Planning Director's proposed amendments to Chapters 23 (Subdivision), 25 (Zoning) and 27 (Flood Control), Hawaii County Code 1983 (2005 Edition, as amended) to reduce water pollution, in compliance with "New Development Management Measures" required by Section 6217 of the Coastal Zone Act Reauthorization Amendments. Enclosed are the staff Background/Recommendation Report and the draft bill for your favorable consideration. If you have questions regarding this matter, please contact Planning Director, Christopher Yuen, or Alice Kawaha of the Planning Department at 961-8288. Sincerely, ameda, hairman Planning Commission IpdNewDevManagementMeasures0l pc Enclosures Hawaii County is an Equal Opportunity Provider and Employer ' 1 ~ ' BRPDInitiA~~ a~d~32527.doo- 11/21/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT INITIATOR: PLANNING DHiECTOR AMENDMENTS TO CHAPTERS 23, 25 AND 27 The PLANNING DIItECTOR is initiating amendments to Chapters 23 (Subdivision), 25 (Zoning) and 27 (Flood Control), Hawaii County Code 1983 (2005 Edition, as amended) to reduce potential water pollution in compliance with "New Development Management Measures" required by Section 6217 of the Coastal Zone Act Reauthorization Amendment. PROPOSED ACTION 1. Background: The Federal Coastal Zone Act Reauthorization Amendments of 1990, Section 6217 (CZARA) contain a requirement that local governments enact management measures to reduce the potential pollution of natural bodies of water (such as the ocean, rivers, streams, lakes and ponds) from storm water runoff in urban azeas. This is a program to control non-point source pollution from rainwater that runs off from developed areas, such as streets, parking lots, and buildings. The management measures require that the initial runoff from such areas, sometimes called the "first flush", be cleaned by being infiltrated into the ground through drywells or other porous drainage systems, or through grassy areas such as vegetated swales, or through sand filters, or by being kept in settling basins. It is generally thought that the bulk of the chemicals that may have the potential to pollute natural bodies of water are contained in the "first flush" -the first runoff after a hard rain. The primary goal of the program is to reduce the potential for water pollution from sediments and suspended solids in the storm water runoff. It applies to areas after construction has been completed. While construction is still underway, the primary permit requirements that deaf with runoff aze the National Pollution Dischazge Elimination System (NPDES) permit and County grading and grubbing permits. One potential penalty for failure to enact such management measures is that the local government could lose its Coastal Zone Management Act funding. The Hawaii County Planning Department receives about $300,000 annually which it uses in its various -1- ~ ) ~ • coastal zone programs, such as reviewing Special Management Area (SMA) major and minor permits, enforcement of SMA violations, and a number of studies and educational programs, such as public access to the shoreline. The Planning Department and Department of Public Works, in consultation with the Environmental Protection Agency (EPA) and the State Office of Planning, have proposed a set of amendments to bring the County into compliance with the CZAItA. For the most part, these amendments continue practices that have been typical in the County for many years, but are not formally required by law. These amendments require that storm water runoff from developed areas be drained into drywells or other approved infiltration devices that will cause the water to soak into the ground, up to the anticipated one-hour, ten-year storm event. The Department of Public Works has typically made this a requirement in the past for new subdivisions and for other developments as a flood control measure so that a new development that adds impervious surfaces has to dispose of the one-hour storm ten-year event on-site, rather than allowing this water to flow onto neighboring properties. Although the original purpose of the drywe(I requirement was flood control, the drywell also works as an infiltration device under the CZARA because it will filter out sediments and suspended solids (by filtering the water through lava rock) before it reaches any natural bodies of water. The amount of rain in the anticipated one- hour, ten-year storm event differs in various parts of the island, from two inches per hour in Kailua-Kona, to five inches per hour in Hilo. This is well in excess of the amount that the EPA expects to be treated under the CZARA requirements. The proposed amendments to Chapters 23, 25, and 27 implement the CZARA as follows: 1. Chapter 23 (Subdivision Code) -The amendment to Section 23-92 would require that the subdivider construct a storm drainage system that will contain runoff and divert it to drywells or other approved infiltration devices, up to the anticipated one-hour, ten-year storm event. This will cover all new subdivisions. 2. Chapter 25 (Zoning Code) -The amendments to Chapter 25 would require that most new developments that need plan approval would have to first get a site -2- S f drainage plan approved by the Department of Public Works. Plan approval is a review by the Planning Department that is required of new construction, except in the RS, RA, A, FA, and IA zones and single-family dwellings in all zones. For example, a new apartment building, hotel, industrial building, or commercial building would need plan approval. The CZARA does not cover agricultural uses, but the proposed Chapter 25 amendments include a new requirement that "major agricultural products processing facilities" receive plan approval. Although these are allowed in Agricultural zones as a matter of right, they are often more like industrial buildings, and it would be more in keeping with the spirit of the CZARA to include such buildings under the requirements. A few types of uses that require plan approval will not need the site drainage plan, such as the change in use of existing buildings (Section 25-2-71(b)). 3. Chapter 27 (Flood Control) -The requirements of the site drainage plan are contained in the proposed amendments to Section 27-20. Chapter 27 is the County's flood control code, and technically, the Planning Commission does not need to review changes to Chapter 27. The proposed amendments, however, are a package and have to be reviewed in combination with the changes to Section 27- 20. The site drainage plan also requires that the developer provide a storm water system that contains rainwater onsite up to the one-hour, ten-year storm, and discharge it into a drywell or other infiltration device. RECOMMENDATION For the reasons cited above, the Planning Director is initiating amendments to Chapters 23 (Subdivision), 25 (Zoning), and 27 (Flood Control) and recommends that the Planning Commission send a favorable recommendation to the Hawaii Courny Council. The accompanying draft bill to amend Chapters 23, 25 and 27 is provided for your favorable consideration. -3- J„SV or y'~ (Q: L G COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 23 (SUBDIVISION CONTROL CODE), 25 (ZONING CODE) AND 27 (FLOOD CONTROL CODE), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO DRAINAGE, FLOOD AND EROSION BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to require new development to manage storm water runoff to reduce the potential that it will cause water pollution. The ordinance is intended to comply with Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990. The ordinance requires that new subdivisions, and new buildings which need plan approval, discharge their storm water, up to a specified limit, into drywells or infiltration basins, or use other methods that will filter out suspended solids from storm water. These requirements will be enforced at the time of subdivision approval for new subdivisions, and at plan approval for new buildings. SECTION 2. Chapter 23, article 6, section 23-92, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Sec. 23-92. j e « t.. ««,.te..t «...,.7...,.......«.7 rl,e «..1.7:.. 1 Drainage, flood, and erosion mitigation measures. The subdivider shall construct a storm water disposal system to contain run-off caused by the subdivision improvements within the boundaries of the subdivision, up to the expected one-hour, ten year storm event, as shown in Plate 1 of the Department of Public Works "Storm Drainage Standards", or any approved revisions, dated October 1970, unless those standards specify a Qreater recurrence interval, in which case, the heater interval shall be used. The amount of expected runoff shall be calculated according to the Department of Public Works "Storm Drainage Standards", dated October 1970, or any approved revisions thereto, or by any nationally-recognized method meeting with the approval of the director of public works. Runoff calculations shall include the effects of all required subdivision improvements, and lot improvements that maybe allowed by existing zonin . (b) Storm water shall be disposed into drvwells, infiltration basins, or other infiltration methods. The subdivision shall not alter the general drainage pattern above or below the subdivision. ~ Subdivider shall also comply with the requirements of Chapter 27, Hawaii County Code." SECTION 3. Chapter 25, article 2, sections 25-2-71 and 25-2-72, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-71. Applicability; plan approval required. (a) Plan approval shall be required prior to the construction or installation of any new structure or development or any addition to an existing structure or development in all districts except in the RS, RA, FA, A and IA districts, and except for the construction of one single-family dwelling and any accessory buildings per lot. (b) Plan approval shall be required in all districts prior to the change of the following uses in existing buildings: (1) Residential to commercial use; (2) Wazehouse and manufacturing to retail use. (c) Plan approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Public uses, structures and buildings and community buildings, as permitted under section 25-4-11. (3) Telecommunication antennas and towers, as permitted under section 25-4-12. (4) Temporary real estate offices and model homes, as permitted under section 25-4-8. (5) Utility substations, as authorized under section 25-4-11. (d) Plan approval shall be required in the RA and FA district prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is to be used for minor agricultural products processing. (e) Plan approval shall be required in the A district prior to the development of any trailer park or major agricultural products processin fg acility. The director shall determine whether an agricultural products processing facility shall be considered major or minor at the time of building permit review, or earlier at the applicant's request. (f) Plan approval may be required as a condition of approval of any use permit, variance, or other action relating to a specific use, in which case the use or 2 development so conditioned may not be established until plan approval has been secured. Section 25-2-72. Application for plan approval; requirements. An application for plan approval shall be on a form approved for such purpose by the director and shall be accompanied by: (1) A site plan, drawn to scale and fully dimensioned indicating clearly the following information: (A) The location and dimension of the building site; (B) The location, size, height, and use of all existing and proposed structures; (C) All yards and open spaces; (D) Location, height, and material of all fences and walls; (E) The standard of improvement and location, number, and size of parking spaces, arrangement and on-site circulation of all off- street parking and loading facilities including points of access thereto from adjoining streets; (F) The location, general nature, and type, and protection or shielding devices of all exterior lighting; (G) All proposed landscaping and planting; and (H) All proposed street dedication and improvement if any. (2) Any other information required by rules adopted by the director in accordance with chapter 91, Hawaii Revised Statutes. A site drainage elan under sec. 27-26A auuroved by the director of public works, where plan approval is required under sec. 25-2-71(al, (cl(21 and (cam), (dL, , or (fl." SECTION 4. Chapter 27, article 4, section 27-20, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 27-20. Standards for subdivisions and other developments. (a) All subdivisions within areas of special flood hazards 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 applications shall identify the areas 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 aeeas of special flood hazards shall provide base flood elevations within the lots. (d) [ 1...,..~a., i n e..~ w...t,e «..t.t:,..,.:,.« ,.c.. >;unr,r ,._>;ro~,r . r .,r ~ ua t,"" „e:a,e~ «.-,.A,,..o,l ....,row ..,...v.,,.o oto.....:,.« ,1...,.., r :ae«.:wa n,...a.. ~~~z r..,..»~~.... ,,v._..__ » ~y..l 1,: ,.1, t...~~..i rl,o Fl.....1«1... «:,,~-..t,... ..1.., 11. v ....~.....,,y . ..........t..,.,......,,,....~uu~va ~.~uu. 3 «:t.: nunl.,r Dror,r. De..: .,..,.«,...vA Ae..el..«.,,e«r r,... e rh..r .,11 ,.«:r.. 1,...,e l.ee« .e.l G...« rl,,.~e a«r..l f ...1,:..1. rT,.. L',.A..~..1 Q7., t,... D..1l.d:..« !'..«r.-..1 A,.t A.«e«A.«e«t., .,F 1 O^/'1 ZZ e T iT C'~T 0 /Z\ De,..,:..e rl..,r ,.11 «e... ,.,.1.A:.,:..: «~..«..,...1...,«A ,.rhe.. «.-..«....vA A,...,.1..««.,.«t.. .~.,te.. A.,.« e: kl, e« F.A.. l,.t., C...e Subdivisions within areas desiexiated as a Zone A or general flood plain shall comply with the following: Obtain all required permits, together with those regulated by other governmental 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. (e) If fill is used to elevate the site of any lot in a subdivision above the base flood elevation, the original elevation of the site prior to filling and the final elevation of the site after filling shall be certified by a professional civil engineer or land surveyor currently registered in the State of Hawaii. (~I All developments requiring a site drainage plan under sec. 25-2-72(3) shall submit such a plan for review and approval by the director of public works. The site drainage plan shall comply with sec. 27-20(a) and (b) and sec. 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 specify 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 any approved revision, or b~any nationally-recognized method meeting with the approval of the director of public works. Runoff calculations shall include the effects of all improvements. (g,~ Storm water shall be disposed into drywells, infiltration basins, or other approved infiltration methods. The development shall not alter the eg neral drainag~attern above or below the development." SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other 4 provisions or applications of the ordinance which can be given without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. Material to be repealed is bracketed. New material is underscored. In re-printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 151 Reading: Date of 2°d Reading: Effective Date: 5 _ _ _ _ r - FT 2 (REVISED 11(29/06) 12/1/06 PC Mtg, Item ll7 ,~1„TV Oi h1/p ~Jyy. COUNTY OF HAWAII STATE OF HAWAII it:4 ~>r pf'wi'P BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 23 (SUBDIVISION CONTROL CODE), 25 (ZONING CODE) AND 27 (FLOOD CONTROL CODE), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO DRAINAGE, FLOOD AND EROSION BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to require new development to manage storm water runoff to reduce the potential that it will cause water pollution. The ordinance is intended to comply with Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990. The ordinance requires that new subdivisions, and new buildings which need plan approval, discharge their storm water, up to a specified limit, into drywells or infiltration basins, or use other methods that will filter out suspended solids from storm water. These requirements will be enforced at the time of subdivision approval for new subdivisions, and at plan approval for new buildings. SECTION 2. Chapter 23, article 6, section 23-92, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Sec. 23-92. j -~r-nvxiis....» ........................b,. w.w. f..,~..,...u v, ..t,a;..:ae~ ,...a a,.,,...,.a e,.,.e..«:..i ~....w,, a:-o,.«,..-,.r.,,,r,r,.....,._v • .~a~~....~~...... r,,.,......,..» ,,..,..,n~ . y e......._,,.e,.. _,.~a.,.~..~ ra .,.e ..,,L.li~j Drainage, flood, and erosion mitigation measures. ~ The subdivider shall construct a storm water disposal system to contain run-off caused by the subdivision improvements within the boundaries of the subdivision, up to the expected one-hour, ten year storm event as shown in Plate 1 of the Department of Public Works "Storm Drainage Standards", dated October 1970, or any approved revisions, unless those standards specify a ga'eater recurrence interval, in which case, the ¢reater interval shall be used. The amount of expected runoff shall be calculated according to the Department of Public Works "Storm Drainage Standards", dated October 1970, or any approved revisions thereto, or by any nationall~recoenized method meeting with the approval of the director of public works. Runoff calculations shall include the effects of all required subdivision improvements, and lot improvements that maybe allowed by existing zoning. b~ Storm water shall be disposed into drvwells, infiltration basins, or other infiltration methods. The subdivision shall not alter the general drainage pattern above or below the subdivision. ~ Subdivider shall also comply with the requirements of Chapter 27, Hawaii County Code." SECTION 3. Chapter 25, article 2, sections 25-2-71 and 25-2-72, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-71. Applicability; plan approval required. (a) Plan approval shall be required prior to the construction or installation of any new structure or development or any addition to an existing structure or development in all districts except in the RS, RA, FA, A and IA districts, and except for the construction of one single-family dwelling and any accessozy buildings per lot. (b) Plan approval shall be required in all districts prior to the change of the following uses in existing buildings: (1) Residential to commercial use; (2) Warehouse and manufacturing to retail use. (c) Plan approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Public uses, structures and buildings and community buildings, as permitted under section 25-4-11. (3) Telecommunication antennas and towers, as permitted under section 25-4-12. (4) Temporary real estate offices and model homes, as permitted under section 25-Q-8. (5) Utility substations, as authorized under section 25-4-11. (d) Plan approval shall be required in the RA and FA district prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is to be used for minor agricultural products processing. (e) Plan approval shall be required in the A district prior to the development of any trailer pazk or major agricultural products processin fg acility. The director shall determine whether an agricultural products processint? facility shall be considered major or minor at the time of building permit review or earlier at the applicant's request. (f) Plan approval maybe required as a condition of approval of any use permit, variance, or other action relating to a specific use, in which case the use or 2 development so conditioned may not be established until plan approval has been secured. Section 25-2-72. Application for plan approval; requirements. An application for plan approval shall be on a form approved for such purpose by the director and shall be accompanied by: (1) A site plan, drawn to scale and fully dimensioned indicating clearly the following information: (A) The location and dimension of the building site; (B) The location, size, height, and use of all existing and proposed structures; (C) All yards and open spaces; (D) Location, height, and material of all fences and walls; (E) The standard of improvement and location, number, and size of parking spaces, arrangement and on-site circulation of all off- street pazking and loading facilities including points of access thereto from adjoining streets; (F) The location, general nature, and type, and protection or shielding devices of all exterior lighting; (G) All proposed landscaping and planting; and (H) All proposed street dedication and improvement if any. (2) Any other information required by rules adopted by the director in accordance with chapter 91, Hawaii Revised Statutes. A site drainage plan under sec. 27-26A aDDroved by the director of public works, where plan approval is required under sec. 25-2-71(a), (c)(2) and (c (5) (d , (e), or (fZ." SECTION 4. Chapter 27, article 4, section 27-20, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 27-20. Standards for subdivisions and other developments. (a) All subdivisions and other develoRments within areas of special flood hazards and flood-Drone 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 areas 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) ~ 3 h,... «~;+1, e« ,.«,1 ...,,te« .«f....e el o..,,ti.....1„t..., «:n,.«t: F. e.l Fl...o~p ....h..l 1.:..1. 1....,..«.i tAe 11,.,.,1..1..:« ...1««;«:~r,-.,t..« ..1,..11. ° , (1\ Do....:«e «e.....:+..C 11« ,.vA «.,r«..,.r:..«~«A ,.tl.e«A.,..,.1 ~.~vixrr «..1...1:«.. rL.e «1.. o«t ,.F.«,.«,.f ..t««o.l 1,,.«. o., ..,:tl,:« 7..«e A r1,e 0 (i\ Do.: ..~A Ae.~ol,.««.e«t M a N+..t ,.11 htir~wC°cm cc°c'r'r' ~zxvnr-aro~b•• ...1 «vA L,.. L'vA a«,.1 CMre 1.,... .«..1.. A:«,. e..ti,.« nnn «F tt. D ,1 1 xxl D 11 r l n t n ~ a c~~J 7 T C'~~ nT y~ e (~~I~8f1Hr're-tttsCtz'211-f1~' vab'lv'x+~'}~oia-prvpvSfi-li.. ~«.1 ..tpvSc°v ,le..el..«.,.,,.«t.. e..+~.- rl,..« e:rt,,,« C. 47.. l..r~ F...e .....1....,... , 6' «..1..,1., 1..... e`11..«A ..1......+:..« A..t~ N.:« 4 1°-Pr°P°~OrJ u, Subdivisions and other developments within areas designated) as a Zone A or general flood plain shall comply with the followine: Obtain all required permits, together with those regulated by other governmental 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. (2~ For all proposed developments and/or subdivisions f?reater 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. (e) If fill is used to elevate the site of any lot in a subdivision above the base flood elevation, the original elevation of the site prior to filling and the final elevation of the site after filling shall be certified by a professional civil engineer or land surveyor currently registered in the State ofHawai`i. (f~ All developments requirine a site drainage plan under sec. 25-2-72(31 shall submit such a plan for review and approval by the director of public works. The site drainage plan shall comply with sec. 27-20~) and (b) and sec. 27-24, and shall include a storm water disposal system to contain run-off caused by the proposed development, within the site boundaries, unto 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 specify a >?reater recurrence interval. The amount of expected runoff shall be calculated accordin>; to the Department of Public Works "Storm Drainage Standards", dated October 1970, or any approved revision, or by any nationally-recognized method meetin>? with the approval of the director of public works. Runoff calculations shall include the effects of all improvements. (p,) Storm water shall be disposed into drvwells, infiltration basins, or other approved infiltration methods. The development shall not alter the eeneral drainage pattern above or below the development." . 4 SECTION 5. Severability. 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 without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. Material to be repealed is bracketed. New material is underscored. In re-printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of ls` Reading: Date of 2"a Reading: Effective Date: CvcF~:2@a iC[: Gomm 5 SECTION 5. Severability. 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 without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. Material to be repealed is bracketed. New material is underscored. In re-printing this ordinance, the brackets, bracketed material and underscoring need not be included. ~I SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 sc Reading: Date of 2"d Reading: Effective Date: I ~FF~RGNCE: Comm: i i ill 5 ~i