COM 0176.031 2006-2008 - Laserfiche WebLink

Home

(b) Cross-sections and profile of the area and the regulatory flood elevations and profile based on elevation reference marks on flood maps. (c) Flood study and drainage report in areas where a study and report have not been reviewed and accepted by the County of Hawal`i. (d) Description of surrounding properties and existing structures and uses and the effect of the regulatory flood on them caused by the variance. (e) Evaluation and supporting information for the variance with respect to the factors to be considered by the director of public works as listed in paragraphs 27-27(a) through 27-27(f). (f) An agreement that a covenant will be inserted in the deed and other conveyance documents of the property and recorded with the bureau of conveyances of the State of Hawal`i, stating that the property is located in a flood hazard area subject to flooding and flood damage; that a flood hazard variance to construct a structure below the base flood elevation will result in increased flood insurance rates and increases flood risks to life and property; that the property owners will not file any lawsuit or action against the County of Hawaii for costs or damages or any claim; that the property owners will indemnify and hold harmless the County of Hawaii from liability when such loss, damage, injury, or death results due to any flood hazard variance and flooding of the property; and that upon approval of the variance, the covenants shall be fully executed and proof of recording with the bureau of conveyances shall be submitted to the director of public works prior to the issuance of a building permit. (g) Such other information as may be relevant and requested by the director of public works. SECTION 20. Chapter 27, article 5, section 27-30, Hawal`i County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-30. Recording and reporting of variances. (a) Any applicant to whom a variance is granted shall be given written notice over the signature of the director of public works that: (1) The issuance of a variance to construct a structure at elevations below the base flood level will result in increased premium rates for flood insurance[,] up to amounts as high as $2~ for $100 of insurance coverage: (2) Such construction below the base flood level increases risks to life and property; and (3) A copy of the notice shall be recorded with the State of Hawaii bureau of conveyances and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (b) A record of all 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. 27