HomeMy WebLinkAboutCOM 0176.015 2006-2008 ~r or
Narry Kim Bruce C. McClure
Mayan Direcror
~r~•pi:N'i~
k r Jiro A.Sumada
ILIILtI'C~T~1 ~L ~~W~Z`t Deputy Direcror
DEPARTMENT OF PUBLIC WORKS
Aupuni Center
101 Pauahi Street, Suite 7 ~ Hilo, Hawaii 96720-4224
(808)961-8321 Fax (808)961-8630 ~ !
www.w.hawaii.hi.us
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March 22, 2007
-n
Honorable Brenda Ford Chair
Committee on Public Works and Intergovernmental Relations
and Members of the Hawaii County Council
Hawaii County Council
Ben Franklin Building
333 Kilauea Avenue 2"d Floor
Hilo HI 96720
SUBJECT: Bill 51 -Sources of Proposed Revision
Attached is a color coded copy of the original draft of Bill 51. The proposed changes are from
three sources:
1. DPW housekeeping changes are in red;
2. State DLNR, from Carol Tyau-Bean, the Hawaii State National Flood Insurance
Program Coordinator changes are in blue; and
3. State DBED, from Susan Miller, of the Coastal Zone Management Hawaii
Program changes are in green.
We will be present in Hilo for the April 3 meeting to answer any questions.
Bruce C. McClure, P. E.
Director
BCM:vmht Comm. tSo. (1 b • ~S
Attachment Ref. To: W 12C,
Ref. Uate MAR 2 2 2007
County of Hawaii is an Equal Opportunity Provider and Employer.
.~c"~.
COUNTY OF HAWAII STATE OF HAWAII
~~M N~~
BILL NO.
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, article 1, section 27-1, Hawaii County Code 1983 (2005
edition), as amended, is amended to read as follows:
Section 27-I. 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 [H2-34E9j;
~ni,4~ ~n ,nn ] 46-1.5(5), 46-1.5(14), 46-11, 46-11.5, and 46-12 confen'ed
upon the various counties the authority to adopt regulations designed to promote
the public health, safety, and general welfaze of its citizenry.
SECTION 3. 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 all 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 [sul3se~eHtJ
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, stormwater channel, outfall
area, or other inland water or drainage facility determined by the director
of public works to be subject to flood hazards. The special flood hazard
areas aze as follows:
(1) Floodway fringe -Zones AE, AH, and AO.
(2) Floodway.
(3) Coastal high hazard (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 lawfiilly 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.
(b) Demolition.
SECTION 4. 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 [r~~'-~
'CIO; '-~9~] Anri12, 2004, along with all subseduent
revisions and amendments, and the Flood Insurance Rate Maps, dated April 2,
2004, May 16, 1994, July 16, 1990, and September 16, 1988, and all future
changes, revisions, and amendments to these documents, aze hereby adopted and
declared to be a part of this chapter. [T''~" r°°~~~°^^° c«„a...,.,,, °„°..a°...
-aria ~~F'~' The Flood Insurance Study and
Flood Insurance Rate Maps, [as a and all future chances, revisions, and
amendments to these documents are on file at the Aupuni Center, Department of
Public Works, 101 Pauahi Street, Room 7, Hilq Hawaii 96720.
Tti° nn°., i~ i~o~ .,..a°.°a r~i,.,,a r.,,..._°..°° c...a., ?ron,r ....^i,.
1 The An°., i ~ , oon ni^^a r....,,r.,; c.,.a, w°n i°.,,°.,.
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~~,L T>,° nn°., i~ soon n~°.. r..,~°~ .,°i ,.>,°tii _°_i°^° .w° r..i..
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iz~ Tw~j r....,, ~ t nnc ne,.., r..,t„.. ..~t ..~,.tt ..e..t.,,,e .t,o r.,r,,., t ~
t nnn nrt.,.. r..,r,.., ......,.t ]
SECTION 5. Chapter 27, article 2, section 27-8, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-5.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 standazds,
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 [Nlllz] more
restrictive provision will govern.
SECTION 6. 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. De£nitions.
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.
[(I)] "Accessory use" means a use which is incidental and subordinate to the
principal use of the pazcel 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
3
indeterminate; and velocity flow may be evident. Such flooding is chazacterized by
ponding or sheet flow.
[(-0-)] "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
flood water conveyance or to restore the land to the natural contours existing prior to
excavation.
{{S)] "Base flood" means the flood having a one percent chance of being equalled or
exceeded in any given year (also called the "one-hundred-yeaz flood").
{{6)] "Base flood elevation" means the water surface elevation of the base flood.
"Basement" means any area of the building having its floor subgrade (below
ground level) on all sides.
[(Sj] "Breakaway walls" aze 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 aze used or any buildings to which
they might be carried by flood waters. A breakaway wall shall have a safe design loading
resistance of not less than ten and no more than twenty pounds per squaze foot. Use of
breakaway walls must be certified by a registered 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.
[E9)] "Coastal high hazard azea" -See "Zone V" and "Zone VE."
{{1-9)] "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.
[(~-fj] "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.
[(-lam] "Drainage facility" -See "watercourse."
[(-13~] "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.
[(-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 aze 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.
"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
similaz material as approved on a case-by-case basis.
[(-1~] "Flood, flooding, or flood water" means (A) a general and temporary condition of
partial or complete inundation of normally dry land areas from (i) the overflow of inland
4
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 aze akin to a river of water on the surfaces of normally dry land azeas,
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 similazly unusual
and unforeseeable event which results in flooding as defined in pazagraph (A)(i) of this
definition.
[(-I-B)] "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.
[(-1-9)] "Flood elevation study" or "flood study" means an examination, evaluation, and
determination of flood hazazds and, if appropriate, corresponding water surface
elevations, or an examination, evaluation, and determination offlood-related erosion
hazazds.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the azeas of special flood hazazds and the risk premium zones applicable to the
community.
"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.
"Floodplain or flood-prone azea" means any land area susceptible to being
inundated by water from any source (see definition of "flooding").
[(-~3~] "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.
[(24)] "Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not limited
to emergency prepazedness plans, flood control works and Foodplain management
regulations.
[(~3~] "Floodplain management regulations" means zoning ordinances, subdivision
regulations, building codes, health regulations, and special purpose ordinances.
[(~6}] "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 hazazd" and the extent of the depths of associated
flooding. Such a system typically includes hurricane tidal bamers, dams, reservoirs,
levees, or dikes. These specialized flood modifying works are those constructed to
conform with sound engineering standards.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
5
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 without cumulatively increasing the water surface elevation more than one
foot.
[(~9~] "Floodway fringe" is the azeas of a floodplain on either side of the designated
floodway where encroachment may be permitted.
[(38)] "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. Tn 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 aze 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, unawaze that
it is subject to potential flood damage, and can be insured only at very high flood
insurance rates.
[(3-I)] "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
unknown 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.
[(3~] "Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or tamed out in close proximity to water. The term includes
only docking facilities, port facilities that aze necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair 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 hardship 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 granting 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 pazcel to a different use than
originally intended, or to build elsewhere.
[(33)] "Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
[(36)] "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 deternned
6
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
program have 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 Secretazy of the Interior in states with
approved programs.
[(37~] "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 pazking of
vehicles, building access, or storage in an azea other than a basement azea 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 term "manufactured home"
includes a "mobile home" but does not include a "recreational vehicle."
"Manufactured home pazk or subdivision" means a pazcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
[(-0~}] "Mazket value." For the purposes of determining substantial improvement, mazket
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 mazket value can be obtained from the following sources:
(A) Independent appraisals by a professional appraiser[.-] licensed by the State.
1, ..i...t: t..a° f «.«..«l.°~ ...7..,. 1.....,x,1 al.° ~«°F ..F tN° ..:t.,\
~ Property appraisals used for tax assessment purposes[:] by the County
finance department, real property tax office.
(C) The value of buildings taken from National Flood Insurance Program
claims data ° `°°I`. This value may be used as a
screening tool to identify those structures where the substantial
improvement ratio is less than forty percent or greater than 60%.
[iv\ n..°I: F.°a I.....°a ~a ..«°c ,...:°~°I :..a°°...°~. ...°a° I... ~.°rr,.F
fM,. I,.,...1 1...:1,7:..,. A°~°«t.....~~ L.,.,.1 Q4..4.. ,...>....FR A..
7
rl...r F n l.er..,e~« rl.,, f .-r., « o«r ..«.J r., «o..,o«r
0 0 eYi ern.
....Let ....L.e e..r:.,...r,,....1.,...1,7 i.......o.i.]
[(43)] "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 aze 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.
[(43)] "Mew construction[;]" for floodplain management purposes, means structures for
which the "start of construction" cotnmenced on or after May 5, 1982[.-] ,and includes
any subsequent improvements to such structures.
[(4b)] "New manufactured home pazk 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 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 snaze or collect debris carried by the flow of water or its likelihood of
being carried downstream.
[E48j] "One-hundred-yeaz flood" means a flood which has a one percent annual
probability of being equalled or exceeded. It is identical to the "base flood."
[(-0-93] "One-hundred-yeaz floodplain" means any azea of land susceptible to being
inundated by water from any source generated by the one-hundred-yeaz flood.
[(3A)] "Primary frontal dune" means a continuous or nearly continuous mound or ridge
of sand with relatively steep seawazd and landwazd slopes immediately landward 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.
[(3-1-)] "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;
(61400 square feet or less when measured at the largest horizontal projection
Se) designed to be self-propelled or permanently towable by a li>iht duty truck• and
(d) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
[(3~] "Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land azeas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
8
"Repetitive loss structure" means home or business that was damaged by flood
two times in the past ten years where the cost of fully repairing the flood dama e
tg o the
building on the average equaled or exceeded twent -f~percent of its mazket value at
the time of each flood.
[(33)] "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
[(34j] "Sand dunes" means naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
[(3S)] "Sheet flow area" -See "azea of shallow flooding."
[(3~] "Special flood hazard area" means an area having special flood, mudslide (i.e.
mudflow) and/or flood-related erosion hazazds, and shown on the Flood Insurance Rate
Maps as Zones A, AO, AE, A99, AH, VE or V.
"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 pemut. 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 ground, as well as a manufactured home.
[(39)] "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 mazket value of the structure before the damage occurred.
[(HA)] "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 pernut.
"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, engineer, 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 [three] ten yeazs including the cost of the current work being
considered. This term includes structures which have incurred "substantial damage,"
regazdless 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
9
or local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which aze 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."
[{lam] "Variance" means a grant of relief from the requirements of this chapter which
pemvts construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully
compliant with the community's flood plain management regulations. 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.
[(§2)] "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.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial damage may occur.
[(g4)] "Zone A" is the special flood hazazd azea that corresponds to the one-hundred-
yeaz floodplains that are determined in the Flood Insurance Study by approximate
methods. Because detailed hydraulic analyses aze not performed for such azeas, base
flood elevations or depths have not been determined within this zone.
"Zone AE" is the special flood hazazd azea that corresponds to the one-hundred-
yeaz 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 hazazd azea that conresponds to the azeas of one-
hundred-year shallow flooding (usually azeas 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.
"Zone AO" is the special flood hazard azea that corresponds to the azeas of one-
hundred-yeaz 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.
[(~8)] "Zone A99" is the special flood hazard azea 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.
"Zone V" is the special flood hazazd azea that corresponds to the one-hundred-
yeaz coastal floodplains extending from offshore to the inland limit of a primary frontal
dune along an open coast and any other azea 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
azeas designated as Zone V.
"Zone VE" is the special flood hazazd azea that corresponds to the one-hundred-
yeaz coastal floodplains extending from offshore to the inland limit of a primary frontal
dune along an open coast and any other azea subject to high velocity wave action from
10
storms or seismic sources. It is an azea subject to high velocity waters, including coastal
and tidal inundation or tsunamis. Whole-foot base flood elevations derived from the
detailed hydraulic analyses have been determined at selected intervals within this zone.
[(~-1)] "Zone X" is the designation given to other flood azeas o£ (A) moderate flood
hazazd corresponding to areas of the five-hundred-year floodplain, areas of one-hundred-
yeaz flooding where average depths are less than one foot, areas of one-hundred-year
flooding where the contributing drainage area is less than one squaze mile, and azeas
protected from the one-hundred-year flood by levees; (B) minimal flood hazard
corresponding to areas outside of the five-hundred-year floodplain. Base flood elevations
or depths have not been determined for Zone X.
"Zone D" is the other areas that correspond to unstudied azeas where flood
hazazds are undetermined, but possible.
SECTION 7. 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 grading 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 8. Chapter 27, azticle3, 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 departrnents, 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[;
and] and require in flood-prone
areas that all new construction, improvements to repetitive loss
structures and substantial improvements (including manufactured
homed shall be:
Designated and adequately anchored to arevent flotation,
collapse, or lateral movement;
Constructed offlood-resistant materials
11
Constructed by methods and practices that minimize flood
damage; and
Constructed with electrical, heating, ventilation, plumbing„
and air conditioning 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 r'~"°` `"ter ...7..0...01.. ,.F4e,.~ ~L.e a., ,.C
L.,..e ,.....e Fl,.,.,, el e....t: I e.,......:,, e,7 N,..
L7.....7..,,.., 1,,,~ L.o~... ,7e..:......t,.,l L',.,. ,.F tl.:.. ,.1..,«~e«
• e e
`~'7averJel~f~~6~5•~ tl,..~ ~t,e ..I..ti..,, ..C['..,.a ..C •1.e
] when combined with all other existing and
anticipated development will not increase the water surface
elevation of the base flood [nxn~tkan-ene-feet] 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 azeas of special flood hazazds (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 blood elevations
increase or decrease as a result of physical changes affecting flooding
conditions, as soon as practical, but no later than six months afrer the date
such information becomes available, the flood plain administrator shall
notify the Federal Insurance Administration of the changes by submitting
technical or scientific data through the Letter of Map Revision process.
Such a submission is necessary so that upon confirmation of those
physical changes affectink= flooding conditions, risk premium rates and
flood plain management requirements will be based upon current data.
[(d)] Use of other base flood data. When base flood elevation data has not
been provided in accordance with section 27-6, the floodplain
12
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.
((e)] (f~ 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~-°~~~~~ (commission
on water resource manas~ement) 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.
[(€j] ~ Take action to remedy violations of this chapter as specified in article 6.
SECTION 9. 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, improvements to repetitive loss structures,
development, and substantial improvements within azeas of special flood hazazds
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
welfaze and safety:
(1) Certification of building plans. Each set of building plans shall be certified
by a structural engineer or architect, currently registered 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 in the State of Hawaii.
(3) Special flood hazazds area certification. The County of Hawaii "Special
Flood Hazazd Area Certification" form, as amended, shall be completed
and certified by a structural engineer or architect currently registered in
the State of Hawaii. The completed "Special Flood Hazard Certification"
shall be submitted for approval with the building plans.
(4) Floodproofing certification. For all new nonresidential construction and
substantial improvement with enclosed areas below the base flood
elevation, the Federal Emergency Management Agency "Floodproofing
Certificate" form, as amended, shall be completed and certified by an
engineer or azchitect currently registered in the State of Hawaii and shall
be submitted for approval with the building plans. The duector of public
works may require additional information regarding the floodproofing
13
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 dtrector of public works to promote public welfaze 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 azchitect currently registered in the State
of Hawaii and submitted for approval with the application for the
certificate of occupancy. The information certified within the "Elevation
Certificate" shall be based on actual construction.
(2) Compliance with other requirements of this chapter.
SECTION 10. Chapter 27, article 4, chapter 27-18, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-18. Standards for construction.
Standazds for construction within areas of special flood hazazds 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.
(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
(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, [and] constructed, and certified by a registered
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 azound
structures on slopes to guide flood waters azound and away
from proposed structures.
Fully enclosed areas below the lowest door that are
useable solely for parking of vehicles, building access, or
storage in an area other than a basement and which are
subiect to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of flood waters. Designs
for meeting this requirement must either be certified bra
registered professional engineer or architect or meet or
exceed the following criteria: A minimum of two
openings 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. The bottom of all openings
shall be no higher than one foot above grade. Openings
may be equiQped with screens, louvers, valves, or other
coverings or devices provided that they permit the
automatic entry and exist of floodwaters.
(2) Within Zone AO:
(A) For [new] 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 toss structures, and substantial improvements:
16
The lowest floor shall be elevated or flood proofed
above the highest adiacent 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. If the lowest floor is
below the elevation referenced in subsection
27-18(d)(2)(A), then the structure together with attendant
utility and sanitazy facilities, shall be designed, [end]
constructed and certified by a registered professional
engineer or architect such that:
(i) The structure is watertight below the referenced
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) New construction, improvements to repetitive loss
structures, and substantial improvement shall be required
to provide adequate drainage paths azound structures on
slopes to guide floodwaters azound 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 standazds of section 27-17.
SECTION 11. Chapter 27, azticle 4, section 27-20, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Secltion 27-20. Standards for [suHdlvisie?t~J developments.
[(~a7~11 9HbdkF iS~iBn9 `v'v'ithm urc°vsvf~pc°cim Fl'"i-movzmz£mi~-3rl'rEili'
Fl-}fle eensistent with Ehe-need te~i,~i~;~i~e~l~>x~;
Un.,,~ ....1.1;,. ..ti Gf:,... ....,J F Gf:.... ...1. n ,.I,.,.f I
..,J of ..fn...n I....nf o.! n..,J n ..nf...,.f.„J f,. o {J,,,,a an.«..,
~j.,....,. .
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'J. fl.o ,.f 'nI A.....7
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,........i J......,J.~,J 1.. fL.o L'I,,,..J J., Dnf,~ ARn fJ.n .J: nf., .F .L,I'
.«I,..... onf n...J fl,o n....I:nn..f nL,..1J .:,Jon .,.I.:..F
17
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3 : T
is
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-lo.-ol,......,.„a.. nog,,.. aln.. ..:ala« F.A. l,.fn n« 4:. o „ol..,io
Loin Fl,.n,J nl n.,nr:n„ .John ,,.'4L;„ rl.n ,.ol ,
! \ If +'ll ,J rn In. an aln 'a. F o„, l,.t L,J:., nl L,..,n rln Lnnn
~PiT~ITl9]T'IT VJGVZ~LZGTATGTI]~jILL~TTSI]~ZIT a sPGCT~ f 1.7 ~ ~ UOOTG Z~TG TJP.TG
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}'.„nf nl n.,nti„., ,.F A.„ r.. n9f n« L;11;„,. nlnll l.n ..n«a:Ao,l L. .-,.40..,.: ,.„ol
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T-axsvcn-rl
~ All developments shall comply with the following stormwater
management measures:
Provide stormwater disposal system to maintain pre-development
runoff quantities and conditions. Runoff quantities shall be
calculated following the department of public works "Storm
Drainage Standard," dated October 1970 or latest revision. The
minimum criteria used for runoff calculations shall be an one-hour.
ten-year storm. Runoff calculations shall consider the effects of all
existing, proposed and future infrastructure and lot improvements
as may be allowed by the existin *
z>; Doing. the method of disposal
shall meet with the approval of the director.
Disposal of any development generated runoff into any existing
Hood controls, culvert systems, dry wells, roadside storm drain
systems, streams, rivers or other man-made or natural
drainagewavs is prohibited unless otherwise allowed by the
director or otherregulatorv agency having proper authority.
Alteration of existing drainage patterns upstream or downstream of
the development isprohibited.
All developments within areas of special flood hazards and flood-prone
areas shall be constructed in accordance with the following:
Be designed to milumize flood damage.
Have public utilities and facilities, such as sewer, gas, electrical
and water systems, located and constructed to minimize flood
damage.
18
~ All development applications shall identify 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 may require the
applicant to provide such information.
Final approved plans for developments within areas of special flood
hazards shallprovide base flood elevations within the lots.
~ Developments within areas designated as a Zone A or general flood plain
shall comply with the following
Obtain all required hermits, together with those reeulated by other
governmental agencies authorized by federal or state law,
includin~.~ 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 greater than either Yifty lots or five
acres, the developer shall include base flood elevation data within
their proposal.
Comply with the requirements of section 27-24.
SECTION 12. 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 hazazd is the watercourse reserved to discharge the base flood. Since the
floodway is an extremely hazardous area due to the velocity of flood waters 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 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 hazazd reduction provisions
established in this chapter.
(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 azeas;
(2) Agricultural uses, including farm, grazing, pasture, and outdoor plant
nurseries; and
(3) Drainage improvements, such as channels and stream crossings.
19
SECTION 13. 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 azeas, more commonly known as tsunami inundation azeas,
aze identified as Zone V or Zone VE on the Flood Insurance Rate Maps. Within coastal
high hazazd azeas, 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 landwazd 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 pazking 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 aze not permitted in such enclosed spaces. The enclosed
space must only be achieved with breakaway walls, open wood lattice-
work, 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
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
squaze foot may be permitted only if a registered 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
20
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 yeaz (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 hazazd
areas shall be certified as required by section 27-17.
Recreational vehicles ylaced 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
ei hty consecutive davs or be fully licensed and hiQhwa~~
SECTION 14. 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, aze areas of special flood hazards for which detailed engineering studies
are not performed 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) [lea] 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 azea:
(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 mazks on flood maps. The scale and contours aze to be
appropriate to the work in question.
(4) Existing and proposed base flood elevations.
(5) Existing and proposed floodproofmg 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 deternrined to be applicable by the
21
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
determination regazding 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.
(fj All new construction, improvements to repetitive loss structures, development,
and substantial improvement within the general floodplain shall be certified as
required by section 27-17.
~ All manufactured homes shall be elevated and anchored to resist flotation
collapse, or lateral movement.
SECTION 15. 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 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 standazds 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.
SECTION 16. 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
Standazd," October 1970 edition, or latest revision, is incorporated into and made
a part of this chapter. These standazds have been prepazed 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 hazazd studies, and other related work in the County of
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Hawaii.
SECTION 17, 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 vaziance 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
criteria set forth in this section aze 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
characteristics so unusual that complying with the requirements of this chapter
would create an exceptional hazdship to the applicant or the surrounding property
owners. The chazacteristics must be unique to the property and not be shared by
adjacent parcels. The unique chazacteristic 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 aze so serious that variances from the flood
elevation or from other requirements of this chapter aze quite rare. The vaziance
guidelines are detailed and contain multiple provisions that must be met before a
variance can be properly granted. The following criteria are designed to screen
out those situations in which alternatives other than a variance aze 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.
(c) Variances shall only be issued upon:
(1) A showing of good and sufficient cause. Under this criteria, the
applicant must demonstrate that the variance request is for land
which has physical characteristics so unusual that complying to
flood requirements will create exceptional hazdship to the applicant
or surrounding landowners. The unique chazacteristic must pertain
to the land itself and not the structure, its inhabitants, or the
property owner.
Under this criteria, only exceptional instances should arise
where the physical characteristics of properties create a hardship
sufTcient to justify granting a variance. Even in a fairly common
situation where an undeveloped lot is surrounded by properties
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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 deternnation that failure to grant the variance would result in
exceptional "hardship" (as defined in section 27-12) to the
applicant. Under this criteria, 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
hazdship 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, 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
flood waters;
(3) A determinafion that the variance is the "minimum necessary" (as
defined in section 27-12), considering the flood hazard, to afford
relief. Under this criteria, 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
conflict with existing local laws or ordinances. Under this criteria,
an applicant must demonstrate that flood levels will not be raised
above the base flood elevafions.
(d) Variances may be 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 defimed 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
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will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(f) Variances may be 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 aze the minimum necessary to assure safe living conditions.
(g) Variances may be 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 welfaze and safety.
SECTION 18. 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[;] ~ to amounts as high as $25 for $100 of
insurance coveraee•
(2) Such construction below the base flood level increases risks to life
and property; and
(3) A copy of the notice shall be recorded with the State of Hawaii
bureau of conveyances and shall be recorded in a manner so that it
appeazs in the chain of title of the affected pazcel of land.
(b) A record of all variance actions, including justifications for issuance of
any variance[;] and written notices, shall be maintained by the director of
public works. A report of the variances issued shall be included in the
biennial report submitted to the Federal Insurance Administration, Federal
Emergency Management Agency.
SECTION 19, Chapter 27, article 6, section 27-34, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-34. Administrative order.
(a) In lieu of or in addition to section [27-32;] 27-33, if the director of public
25
works determines that any person, firm, or corporation is not complying
with the requirements of this chapter or a no$ce 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 20. 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,
give notice to the owner to remove the encroachment and/or obstruction in the
manner provided in this [seetietr.] article.
SECTION 21. 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.
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SECTION 23. 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 aze declazed to be severable.
SECTION 24. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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