HomeMy WebLinkAboutCOM 0176.082 2006-2008 ALLAN A. SMITN
p ~nN IMENMCHAIRPENSON
LINDA LINGLE St' 'd /R. BoaRD DF LANDAND tUTURAL RPSDUItCEs
CAVERNOR OF HAWAII AP COMAlI3310NON WATIX RPSONICE MANAGEA4NF
ti
a ROBERT K. MASUDA
OFPVfY DIRECTOR
~Iyod any i
g PETER T. YOUNG
C Hgq~ S& DEPiRY D@ECFOR-WATh:0.
.0 AQUATIC RPS011RCE5
9. Qe
4 BOATMG AND IX:FAN RECREATION
w•BeV.®.~~P05E~ BUREAUOF CONVEYANCES
COA0.R9910N ON WATER R6SODRCE MANAGEMEM
CONSERVATION ANDCOASTAL LANDS
STATE OF HAWAII mNSFRVanoxANO RFSaQZCFS ENeoacERRNr
ENGINEERING
FORE4TRY AND W ILDL6E
sr DEPARTMENT OF LAND AND NATURAL RESOURCES msTOIUC ERESERVnnoN
arPOf KAHWLAWE ISLANDRFSERVE COAAR3410H
LAND
POST OFFICE BOX 621 STATe RARR9
HONOLULU, HAWAII 96809
May 18, 2007
. _ ;
r`.,
The Honorable Chairperson Pete Hoffman & Members of the Hawaii County Council;
Hawaii County Council
Ben Franklin Building
333 Kilauea Avenue 2nd Floor
Hilo, Hawaii 96720
Dear Chairperson Hoffman & Members of the Hawaii County Council:
Bill 51 -Proposed Amendments to Chapter 27
We applaud Hawaii County Council for your efforts to make your community more flood
resistant by proposing a stricter floodplain management ordinance. Thank you for
including our Department in the collaborative efforts of this very important measure. As
the State coordinating agency for the National Flood Insurance Program (NFIP), the
Federal Emergency Management Agency (FEMA) places an important responsibility on
us to ensure community compliance with the NFIP rules and regulations.
Since Hawaii County is a participating community in the NFIP, it is required to adopt and
enforce floodplain management regulations that meet the minimum NFIP requirements
as set forth in Title 44 of the Code of Federal Regulations §59 through 79.
Upon our review, the language in the current draft Bill (see attached copy) does not
meet the minimum standards of the NFIP. It is our understanding that a comment by
Council Member Ford made at your Public Works & Intergovernmental Relations
Committee Meeting on May 15, 2007 suggested that the subject Bill is compliant with
the minimum rules and regulations of the NFIP, however this is not an accurate
assumption.
At the March 20, 2007 committee meeting, we expressed several inconsistencies with a
prior draft. However, the language presented in the attached draft does not incorporate
our comments nor address the inconsistencies we identified. t , ~
Comm. No,
Ref. Ta
Ref. Date MAY 23
' Hawaii County Council Members
May 18, 2007
Page 2
On April 27, 2007, Ms. Debbie Hecht, Legislative Aide to Counci! Member Ford,
forwarded an electronic copy of a revised Bill 51 (file named: Bi1151 proposed amend to
draft 2 BF 4 27 07 include Pete's.doc). Subsequently, we responded with comments
and questions to Ms. Hecht on May 7 and 8, 2007. We did not receive any response to
our questions from Council Member Ford's office.
It is important to understand that if a community's floodplain management ordinance
fails to meet the minimum requirements of the NFIP they are subject to suspension from
the program, in accordance with Title 44 of the Code of Federal Regulations (§59.24). A
community that is suspended from the NFIP would jeopardize future Federal Disaster
Assistance. In addition, flood insurance through the NFIP would not be available, the
over 4000 Hawaii County flood insurance policies would not be renewed, and no
Federal grants or loans for the acquisition or construction of buildings within a Special
Flood Hazard Area can be made.
Please note that we need to report on the County's NFIP compliance status with
FEMA by September 30, 2007. If the County's flood ordinance is reported to be
non-compliant, suspension is imminent unless immediate corrective action is
taken.
With so many revisions and discrepancies between drafts, we recommend postponing
adoption of the proposed Bill, so that we may thoroughly review the newly inserted
language for consistency with the NFIP regulations.
Rest assured that we want to continue to work closely with the Hawaii County Council to
ensure that your community maintains eligibility in the NFIP and continues to benefit
from this very important program.
For future review, please send a hardcopy draft from the Hawaii County Council to our
office at, P.O. Box 373, Honolulu, Hawaii 96809. If you have any questions, please feel
free to call me at (808) 587-0267.
Sincerely,
CAROL L. TYACI=BEAM, P.E., CFM
State NFIP Coordinator
Attachments
CTB:ek
c: Allan A. Smith, Interim DLNR Chairperson
Bruce McClure, DPW
Galen Kuba, DPW
Cynthia McKenzie, FEMA Region IX
"Hecht, Dabble" To CaroI.L.Tyau@hawaii.gov
<DHeritt~Dco.hawail.hf.us>
cc
04/27/2007 01:09 PM bcc
Subject County of Hawaii- floodplain
History: p This message has been replied to.
«Bill 51 Proposed Changes to Draft 2-Transmittal Letter to Chair-4 28 07.doc» «Bill 51 proposed
amend to draft 2 BF 4 27 07 include Pete's.doc»
Hello Carol- The attached bill with new additions is coming before the Public Works
committee on Tuesday.
We just wanted to keep you informed. I hope you`re well. Debbie
Debbie Hecht
Legislative Aide to Council Member Brenda Ford
75-5706 Hanama Place, Suite 109
Kailua-Kona, HI 96740
(808) 326-5684 work; (808) 989-3222 cell
dhecht~ CO.hawaii.hi.US Bi 51 Proposed Changes to Drafl 2-TransmAtal Letter to Chai-4 28 07.doc
Bill 51 proposed amend to draft 2 Bf 4 27 07 irrclude Pete s.doc
DATE: Apri126, 2007
TO: Pete Hoffmann, Chair, and Council Members of the Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
FROM: Brenda Ford, Council Member District 7
RE: Bill 51, proposed amendments to Draft 2: An Ordinance Amending Chapter 27, Flood Control,
Hawai' i County Code 1983 (2005 Edition), as amended, relating to Storm water Management
Attached please find proposed amendments to Bi1151 Draft 2, to be introduced at the May 1, Public
Works Committee meeting. These amendments represent significant changes. I apologize for getting
these lengthy amendments to the Council at such a late date, but I was ill and unable to process this
amendment in a timely manner. Because of the substantial changes created by this proposed
amendment, I request that Bil15l stay in the Public Works committee for at least one more session.
BF/dh
~ ~,'o
COUNTY OF HAWAII STATE OF HAWAII
a
BILL NO. 51
(Proposed Amendment to Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 27, FLOOD CONTROL, HAWAII COUNTY
CODE 1983 (2005 EDITION), AS AMENDED, RELATING TO STORMWATER
MANAGEMENT.
BE 1'C ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI`I:
SECTION I. The purpose of this ordinance is [o 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 standazds to control stormwater
quality and runoff qualities generated by developments; establish requirements for structures that
suffer repetitive losses due to Flooding; clarify and restrict substantial improvements; and correct
various inconsistencies found in the chapter.
SECTION 2. Chapter 27, Hawaii County Code 1983 (2005 edition), is amended, by
amending the title [o read:
Chapter 27
[ ] FLOODPLAIN MANAGEMENT
SECTION 3. Chapter 27, article 1, section 27-1, section 27-3, and section 27-4, Hawaii
County Code 1983 (2005 edition), as amended, is amended to read as follows:
Section 27-1. Statutory authority.
This chapter is enacted pursuant to the U.S. National Flood Insurance Act
of 1968 (Public Laws 90-418 and 91-152), as amended, and the U.S. Flood
Disaster Protection Act of 1973 (Public Law 93-234), as amended. In addition,
the Legislature of the State of Hawaii has in Hawaii Revised Statutes [~-34(s1~
~.,no, ,n ,rn] 46-LS(5), 46-1.5(14). 46-11, 46-1 L5, and 46-12 conferred
upon the various counties the authority to adopt regulations designed to promote
the public health, safety, and general welfaze of its citizenry.
Section 27-3. Purpose.
l
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed:
(a) To protect human life and health while minimizing procerty damage through the pursuit
of solutions which are cost effective;
(b) To minimize expenditure of public money for costly flood control projects;
(c) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of [he general public;
(d) To minimize prolonged business interruptions;
(e) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazazd;
(f) To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard [sees] to minimize future flood blight areas;
(g) To assist in notifying potential buyers that property is in an azea of special flood hazard; and
(h) To ensure that those who occupy areas of special flood hazard assume responsibility for their
actions.
(i) To use current best management practices for the infiltration approach to storm water
management: to imitate and preserve the natural hydrologic cycle: to move storm water
slowly to reduce the speed, volume, and pollutant Load over cermeable surfaces (soil, lava,
grasslands. shallow retention basins, soil depressions, and forests), to allow the storm water
to cercolate into the ground where the rainfall originally occurs.
(i) To use tloodplain management as an island wide component of resource management
with the obiectives of improved water quality, erosion control. floodwater management,
endangered species and habitat conservation and enhancement.
(k) To increase the minimum standard for floodwater control.
(1) To comply with Section 5, "Flooding and Other Natural Hazards:' of the County of
Hawaii General Plan.
(m) To create and maintain an integrated electronic database of records, including
but not limited to, CIS maps, tax map keys, permits and other development reviews,
watershed maps, fioodplains. FEMA fioodplain elevation and floodproofing
2
certificates for all new and substantially improved construction in Special Flood
Hazard Areas, and any other information associated with floodplain manaeement.
(n) To promote a reeional watershed-based approach as acost-effective means of
floodplain manaeement.
(o) To require any re-channelization of flood channels to meet or exceed the base flood
elevation (100-year storm event) standard.
(p) To provide rules and practices for floodplain manaeement, and fines for violations of
such rules and practices, and to minimize downhill floodine and erosion from clearing of
forest areas, erubbine. eradine, or re-channelization of water courses.
(q) To maintain and re-establish forest areas, to maintain and refill aquifers throueh
percolation, to minimize floodine and erosion throueh natural methods. and to protect
endaneered species and their habitats as cart of our natural heritaee as well as for their
scientific sieniflcance.
(r) To preserve a portion of currently vacant floodplain as open space for narks.
Breen belts, floodwavs, and habitat flyways for endaneered species.
Section 27-4. Scope and methods.
In order to accomplish its purposes, this chapter includes methods and provisions [€eF] to:
(a) Restric[[irrg] or prohibit[ing] uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or flood heights or
velocities;
(b) Requir[ing]e that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(c) Control[ling] the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
(d) Control[ling] fill, grading, dredging, and other development which may increase flood
damage; and
(e) Prevent[ixgj or regulate[Iirtg] the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas.
1(1993.Ord. No. 93.78, sec. 3.)27-41
If1 Map watersheds and their associated watercourses includine GIS maps to
develop a more effective Flood Plain Manaeement Proeram and mitieate the
negative impacts of rainfall storm events.
3
(g) Maintain and establish appropriate vegetative cover in high rainfall, sediment, and
debris producing areas to reduce surface run-off in the watershed. decrease the risk of
watercourse obstruction, and ocean pol{ution.
(h) Maintain and re-establish forest cover in mauka areas to improve the capacity of the
Around to absorb heavy rainfall and to recharge aquifers.
(i) Establish and maintain floodplains as open space, parks, greenways, and endangered
species habitat and flyways.
(i) Implement a Flood Plain Management Program that shall comply with section 5
of the Hawaii County General Plan.
SECTION 4. Chapter 27, article 2, section 27-5, Hawaii County Code 1983 (2005
edition), as amended, is amended to read as follows:
Section 27-5. Applicability.
(a) This chapter shall apply to all areas of special flood hazards identified by
the Federal Insurance Administration in a scientific and engineering report
entitled "Flood Insurance Study," dated '..Q~--~^~;] April 2, 2004.
with accompanying Flood Insurance Ra[e Maps and all [subsec}gent]
future changes, revisions and amendments[,] to these documents, and shall
apply [o 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 are 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 A49.
(b) This chapter shall not apply to:
(1) Any building permit lawfully issued prior to May 5, 1982 or
building permit application properly filed and accepted for review
prior to May 5, 1982, provided that approval was obtained without
any significant changes in plans or specifications made after
May 5, 1982.
(2) Roadway and site improvements for subdivisions for which
tentative approval had been granted prior to May 5, 1982 and
where roadway and site improvement construction and grading
plans had received all necessary agency approvals by May 5, 1982.
(3) Carnivals, luaus, fairs, and camping tents of a temporary nature
which are not in a floodway.
4
(4) Non-fenced, nonelevated outdoor swimming pools.
(5) Signs [whiett] that are not in a floodway.
(6) Demolition.
SECTION 5. Chapter 27, article 2, section 27-6, Hawaii County Code 1983 (2005
edition), as amended, is amended to read as follows:
Section 27-6. Basis.
The areas of special flood hazard identified by the Federal Insurance
Administration of the Federal Emergency Management Agency in the Flood
Insurance Study dated A~ri12, 2004, along with all subsequent
revisions and amendments and the Flood Insurance Rate Maps, dated Apri12,
2004. May 16, 1994, July 16, 1990, and September l6, 1988, and all future
changes, revisions, and amendments to these documents, are hereby adopted and
declared to be a part of this chapter. [Th~~ cr,.,..1 r«n.....««e e1,.a., n«,, n..e«,,n«.
.r:Ih «.I n.nn n«.I - «,.1 «.Jo.i h., ,...7:«n«..e n ,a«,J.„o«In « 11.«
,
The Flood Insurance Study and
Flood Insurance Rate Maps, [J and all future changes, revisions, and
amendments [o these documents are on file at the Aupuni Center, Department of
Public Works, 101 Pauahi Street, [Rserrt] Suite 7, Hilo, Hawaii 96720.
Tho wen., IG InnA , «,rn.e,I eh,.,.a r«n«,n«,.e c.,.,l.. crDnA « «..In
nl~vc n~I~n nn~~n n«a nAn« r«,Io., « «nl a h«..oh., n,I««I,.a
, ,
n«.r ,In„i n..e.i ho n «n.w ,.C Ih:n n,h n.,.e.
rn The nA«., 1~ Inns cl,.,.a r«n..-n««e e...,L. nhnn ««L..,.e««
tha_GTD>,e «oln nl rsn n'71 2!` n«.1 n07~!` e„.:.,el..
L 1\A 1~ InnA AA~n« T«Ae.. 1 nhnll Inne L.«
~~~-~B--cRV'r`T co,~rn--cRCCP--mvc-~c~x°vc ~cxvrr-icFnscc~nc
r..h, IL Inon nAn« T«ae., « «ol
CbJ Thn r..«e 1 InOG .,«.in1e.J Cl.....1 T«......««,.e CL..J., CTD AA Dn«eln
r 1~_Tt,e i..«o 'l InnC II7.....1 7«n. C...,1.. I.nll In.,.e«?
CT x c.v vvnc r;, 1 c~vov n.om-ai'.c~v[vv.r3m~nTa.*Ppxccrca-crt
«h« 1\An.. I~ loon n«a r..L. I~ lnnn cI «,.,1 r..,..._n«,.e
,
r^ll The crone « «eln no~~c n«a nn~~r~ nhnn _..«L.ne the
r~l Tho r.,«e ~ loot ~An« r«se., « «ol nhnn -o«In„e Ih.. 1\An., IL
] '
SECTION 6. Chapter 27, article 2, section 27-8, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-8. Other laws and regulations.
All construction and improvements subject to this chapter shall comply
with other applicable laws and regulations including, but not limited to, the
5
zoning, building, electricity, plumbing, subdivision, erosion and sedimentation
control chapters of the Hawaii County Code, and the storm drainage standards,
October 1970 edition, or later revisions, of the County of Hawaii. This chapter,
designed to reduce flood losses, shall take precedence over any less restrictive,
conflicting laws, ordinances, and regulations. This chapter is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this chapter and another chapter, easement, covenant, of 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 [#FI1?] more
restrictive provision will govern.
SECTION 7. Chapter 27, article 2, section 27-12, Hawai `i County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-12. Definitions.
[~J 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.
[(-!)J "Accessory use" means a use which is incidental and subordinate to the
principal use of the parcel of land on which it is located.
[(~}J "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.
{{.~j "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 no[ exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
"Backflll" 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 [€}ee~vateE] floodwater conveyance or to restore the land
to the natural contours existing prior to excavation.
{{3~] "Base flood" means the flood having a one percent chance of being
[equalled] equaled or exceeded in any given year (also called the "one-hundred-
year flood").
"Base flood elevation" means the water surface elevation of the base
flood.
{~J "Basement" means any area of the building having its floor subgrade
(below ground level) on all sides.
((-8-)j "Breakaway walls" are any type of walls, whether solid or lattice, and
whether constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material which is not part of the structural support of the
6
-
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 [hey are used or any buildings to which they might be carried by [€ieed
wgtees:] floodwaters. A breakaway wall shall have a safe design loading
resistance of not less than ten and no more than twenty pounds per square foot.
Use of breakaway walls must be certified by a [fegisterer}] licensed structural
engineer or architect and shall meet the following conditions (A) breakaway wall
collapse shall result from a water load less than that which would occur during the
base flood; and (B) the elevated portion of the building shall not incur any
structural damage due to the effects of wind and water loads acting
simultaneously in the event of the base flood.
[(9-)] "Coastal high hazazd area" -See "Zone V" and "Zone VE."
{F}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.
[(-1 H] "Development" means any manmade 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.
[(-1-~)] "Drainage facility" -See "Watercourse."
[(-1-3)] "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.
[(-k4)] "Existing manufactured home park or subdivision" means a manufactured
home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including, at a minimum,
the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed before May 5, 1982.
[(-13~] "Fill" is [he placement of fill material at a specified location to bring the
ground surface up to a desired elevation.
[(-Fb)] "Fill material" can be natural sand, dirt, soil or rock. For the purposes of
floodplain management, fill material may include concrete, cement, soil cement,
brick, or similar material as approved on a case-by-case basis.
"Flood, flooding, or [fleed-water] floodwater" means;
(A) a general and temporary condition of partial or complete inundation of
normally dry land aeeas from;
(i) the overflow of inland or tidal waters,
(ii) the unusual and rapid accumulation of runoff or surface waters
from any source which are approximately caused by flooding as
defined ]within this definition and are
akin to a river of water on the surfaces of normally dry land areas,
7
as when earth is carried by a curcent 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 exceedine anticpated 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 paragraph
(A)(i) of this definition.
[(-E8~] "Flood elevation determination" means a determination by the Federal
Insurance Administrator of the water surface elevations of the base flood, that is,
the flood level that has a one percent or greater chance of occurrence in any given
year.
[(~9)] "Flood elevation study" or "flood study" means an examination,
evaluation, and determination of flood hazards and, if appropriate, corresponding
water surface elevations, or an examination, evaluation, and determination of
flood-related erosion hazards.
[(~9~] "Flood Insurance Ra[e Map (FIRM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"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 area" means any land azea susceptible to being
inundated by water (which includes the entire Island of Hawai`il from any
source (see definition of "flooding").
[(~1 "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.
[(~4-)] "Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not
limited to emergency preparedness plans, flood control works and floodplain
management regulations.
8
"Floodplain management regulations" means zoning ordinances,
subdivision regulations, building codes, health regulations, and special purpose
ordinances.
"Flood protection system" means those physical structural works for
which funds have been authorized, appropriated, and expended and which have
been constructed specifically to modify flooding in order to reduce the extent of
the area within a community subject to a "special flood hazard" and the extent of
the depths of associated flooding. Such a system typically includes hurricane tidal
barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying
works are those constructed to conform with sound engineering standards.
"Floodproofing" means any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary facilities,
structures, and their contents.
[(~8~] "Floodway" or "regulatory Foodway" means the channel of a river or
other watercourse and the adjacent land areas that must be reserved in order [o
discharge the base flood [
e,e e e
"Floodway fringe" is the areas of a floodplain on either side of the
designated Foodway where encroachment may be permitted.
[(39~] "Fraud and victimization" related to article 5, variances, of this chapter
means that the variance granted must not cause fraud on or victimization of the
public. In examining this requirement, the director of public works will consider
the fact that every newly constructed building adds to government responsibilities
and remains a part of the community for fifty to one hundred years. Buildings that
are permitted to be constructed below the base flood elevation are subject during
all those years to increased risk of damage from floods, while future owners of the
property and the community as a whole are subject to all the costs, inconvenience,
danger, and suffering that those increased flood damages bring. In addition, future
owners may purchase the propeRy, unaware that i[ is subject to potential flood
damage, and the arooerty can be insured only at very high flood insurance rates.
[{3-y] "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 carried out in close proximity to water.
The term includes only docking facilities, poR facilities that are necessary for the
loading and unloading of cargo or passengers, and [sH+~-building] shiabuildine
and ship repair facilities, but does not include long-term storage or related
manufacturing facilities.
9
[(33)J "General floodplain" -See "Zone A."
[(34)] "Hardship" 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
peculiar 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 are 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.
"Historic structure" means any structure that is: (A) listed individually in
the National Register of Historic Places (a listing maintained by [he Department
of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register; (B) certified or
preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district registered
historic district; (C) individually listed on a State of Hawaii inventory of historic
places[;] where the historic preservation program has been anaroved by the
Secreta~t of the Interior; or (D) individually listed on a local inventory of historic
places in communities with historic preservation programs that have been
certifted either: (i) by an approved State program as determined by the Secretary
of the Interior, or (ii) directly by the Secretary of the Interior in states with
approved programs.
[(3~] "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 [se-as] to provide protection from
temporary flooding.
[(38~] "Levee system" means a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and drainage devices,
which are constructed and operated in accord with sound engineering practices.
[(39)] "Lowest floor" means the lowest Floor of the lowest enclosed area
(including basement). An unfinished or Flood resistant enclosure, usable solely for
parking of vehicles, building access, or storage in an area other than a basement
area is not considered a building's lowest floor provided that such enclosure is no[
built [se-as] to render the structure in violation of [he applicable non-elevation
design requirements of this chapter.
[(49l] "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
l0
"manufactured home" includes a "mobile home" but does no[ include a
"recreational vehicle."
[(4-la] "Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
[(4~] "Market value." For the purposes of determining substantial improvement,
market value pertains only to the structure in question. It does not pertain to the
land, landscaping, or detached accessory structures on the property. For
determining substantial improvement, the value of the land must always be
subtracted. Acceptable estimates of market value can be obtained from the
following sources:
(A) Independent appraisals by a professional appraiser[:] licensed by
[he State.
ll ~.:.,i.l° ....l...N....° 6.. ...^.L°. ....L.° 4.....°.J •6° ..«.~F ,.f N.°
86~RHRit~}`}
~ Property appraisals used for tax assessment purposes[:] by the
County department of finance, real pronerty tax office.
~ The value of buildings taken From National Flood Insurance
Program claims data[!°°°a ^ This value shall
be used as a screening tool [o identify those structures where the
substantial improvement ratio is less than forty percent or greater
than sixtypercent.
,
[E43}J "Mean sea level" means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum of 1929 or other datum, to which
base flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
[f44~J "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. [n 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.
ll
"New construction[;]" for floodplain management purposes, means
structures for which the "start of construction" commenced on or after May 5,
1982[.] ,and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured
home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including at a minimum,
[he installation of utilities, the construction of streets, and either final site grading
or [he pouring of concrete pads) is completed on or after May 5, 1982.
"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 [o snare or collect debris
carried by the flow of water or its likelihood of being carried downstream.
[{4SjJ "One-hundred-year flood" means a flood which has a one percent annual
probability of being (egaelle~] equaled or exceeded. [t is identical ro the "base
flood."
[(-0~] "One-hundred-year floodplain" means any area of land susceptible to
being inundated by water from any source generated by the one-hundred-year
flood.
[581] "Primary frontal dune" means a continuous or neazly continuous mound or
ridge of sand with relatively steep seawazd and landward 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.
[(31-~] "Principal structure" means a structure used for the principal use of the
property as distinguished from an accessory use.
"Recreational vehicle" means a vehicle which is (a) built on a single
chassis: (b) 4110 sauaze feet or less when measured at the laz¢est horizontal
proiection; (c) designed to be self-propelled or permanently towable by a light
duty truck: and !d) desiened primarily not for use as a permanent dwelling but as
tem~orary living quarters for recreational, campins, travel, or seasonal use.
[(~J "Regulatory floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order [o discharge the base
flood .i.,.:..or., .~,e _f..,.,. eye o .r,.,
~~:,...,~1•
"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 a to [he building, on [he average, equaled or exceeded twee-five ~rcent
of its market value at the time of each flood.
l2
[(33~] "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
[(34~] "Sand dunes" means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Sheet flow area" -See "area of shallow flooding."
[(3~] "Special flood hazard area" means an azea having special flood, mudslide
(i.e. mudflow) and/or flood-related erosion hazards, and shown on the Flood
Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE or V.
"State" means the State of Hawaii.
[(3~] "Start of construction" includes substantial improvement and other
proposed new development and means the date the building permit was issued,
provided [he actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within one hundred-eighty days
from the date of the permit. The actual start means either [he 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 andlor
walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporazy forms; nor does it include the installation
on the property of accessory buildings, such as gazages 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.
[(393] "Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before=damaged condition
would equal or exceed fifty percent of the market value of the structure before the
damage occurred.
[(~93] "Substantial improvement." For the purposes of this chapter, the
determination of whether any improvements constitute substantial improvements
is applicable only to structures built prior to May 5, 1982 or buildings constructed
after May 5, 1982 which were not within a special flood hazard area at the time of
issuing the building permit. "Substantial improvement" means any repair,
reconstruction, rehabilitation, addition, or other proposed new development of a
structure, the cost of which is determined and certified by a contractor, eneineer,
or architect licensed by the State, and which equals or exceeds fifty percent of the
market value of the structure before the "star[ of construction" of the
improvement which shall be the sum of all costs of all such work performed in the
previous ten years including the cost of the current work being considered.
l3
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however,
include either (A) any project for improvement of a structure to correct existing
violations of state or local health, sanitazy, or safety code specifications which
have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions; or (B) any alteration of a
"historic structure," provided [hat [he alteration will not preclude the structure's
continued designation as a "historic structure."
[(b1-~] "Variance" means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be prohibited by this
chapter.
"Violation" means the failure of a structure or other development to be
fully compliant with the community's floodplain management re¢ulations. A
structure or other development without the elevation certificate, other
certifications, or other evidence of comaliance with this chaQer is presumed to be
in violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to [he [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 aeeas.
[(§3~] "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.
"Watershed" means a bounded hydrologic system, where all of the water.
whether subterranean or surface, may drain into rivers streams. lakes.
intermittent watercourses, estuaries, wetlands, aquifers, and ultimately into
the ocean, and which is linked by that common drainage. Watersheds supply
drinking water, are essential to a healthy ecology for plants and animals.
provide recreation and respite, and sustain life.
[f~] "Zone A" is the special flood hazard azea that corresponds to the
one-hundred-yeaz floodplains [hat are determined in the Flood Insurance Study by
approximate methods. Because detailed hydraulic analyses are not performed for
such areas, base flood elevations or depths have not been determined within this
zone.
"Zone AE" is the special flood hazard area that corresponds to the
one-hundred-year floodplains that are determined in the Flood Insurance Study by
detailed methods. Whole-foot base flood elevations derived from the detailed
hydraulic analyses have been determined a[ selected intervals within [his zone.
"Zone AH" is the special flood hazard area that corresponds to the areas of
one-hundred-year shallow flooding (usually areas of ponding) where average
depths are between one and three feet. Whole-foot base flood elevations derived
from the detailed hydraulic analyses have been determined at selected intervals
within this zone.
14
"Zone AO" is [he special flood hazard area that corresponds to the areas of
one-hundred-year shallow flooding (usually sheet flow on sloping terrain) where
average depths are between one and three feet. Average whole-foot depths
derived from the detailed hydraulic analyses have been determined within this
zone.
[{T~] "Zone A99" is the special flood hazard area where enough progress has
been made on a protective system, such as dikes, dams, and levees, to consider it
complete for insurance rating purposes. Base flood elevations have not been
determined for areas designated as Zone A99.
[(~9~] "Zone V" is the special flood hazard area that corresponds to the
one-hundred-year coastal floodplains extending from offshore to the inland limit
of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. It is an area subject to high
velocity waters, including coastal and tidal inundation or tsunamis. Base flood
elevations have not been determined for areas designated as Zone V.
[(~J "Zone VE" is the special flood hazard area that corresponds to the
one-hundred-year coastal floodplains extending from offshore to the inland limit
of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. It is an area 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.
[(-7k~] "Zone X shaded " ° are azeas of[e
moderate flood hazard corresaondine to azeas of the five-hundred-year
floodplain, areas of one-hundred-veaz floodine where average depths are less than
one foot, areas of one-hundred-veaz floodine where the contributing drainage area
is less than one square mile, and azeas protected from the one-hundred-veaz flood
by levees
"Zone X (not shaded)" are areas of minimal flood hazard corresponding to areas
outside of the five-hundred-veaz floodplain. Base flood elevations or d~ths have
not been determined for Zone X.
"Zone D" is the other areas that correspond to unstudied areas where flood
hazards are undetermined, but possible.
SECTION 8. Chapter 27, article 3, section 27-14, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended [o 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
l5
be approved without the approval of the director of public works with respect to
compliance with the provisions of this chapter.
SECTION 9. Chapter 27, article3, section 27-16, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-16. Duties and responsibilities of the floodplain administrator.
The floodplain administrator, with the cooperation and assistance of other
County departments, shall administer this chapter. The duties and responsibilities
of the floodplain administrator or designated person(s) 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 require in flood-prone
areas [hat all new construction, improvements to repetitive loss
structures and substantial improvements (including manufactured
homes) shall be:
Designed and adequately anchored to prevent flotation,
collapse. or lateral movement:
Constructed of flood-resistant materials•
Constructed by methods and practices that minimize flood
damage; and
Constructed with electricah heating, ventilation, plumbing„
and air conditioning equipment and other service facilities
that aze 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,,,.e~ µd:e e~. ..ca,.,.. .~.e ,.c
~u
a oio,,.,.:,..... ti,.. a ao.e_..,:..,.,,
"adversely affeeE~' rAeaRS--N-,mt--t:,~~
~-.R;n~;-v~-e€€e~-o.`--~:,~
] when combined with all other existing and
anticipated development will not increase the water surface
elevation of the base flood [~t~~e-thafl-see-feed] at any pointL-1~a~d
Ensure all State and Federal permits associated with the
application are obtained from the a~olicant and an electronic
copy is kept by the director of public works.
(b) Information to be maintained.
16
(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 discharge;
and
(6) The certification of elevation and structural support for structures
in the coastal high hazard area.
(7) Electronic conies of all approved federal, state, or county
permits associated with a particular Tax Mao Kev parcel from
the date of this ordinance.
(c) Interpretation of maps. The director of public works shall make
interpretations where needed, as to the exact location of the boundaries of
the areas of special flood hazards (for example, where there appears to be
a conflict between a mapped boundary and actual field conditions). The
director of public works, the floodplain administrator, or desienated
person(s) shall make an independent determination of the
representation(s) contained within any FEMA map revision request
prepared by an applicant or an applicant's anent. A person contesting
the location of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in article 5.
Chantie in base flood elevations. Whenever base flood elevations increase
or decrease as a result of physical chanties affecting flooding conditions.
as soon as practical, but no later than six months after the date such
information becomes available, the director of public works, or the
floodplain administrator shall notify the Federal Insurance Administration
of [he chances by submitting technical or scientific data throutih the Letter
of Map Revision process. Such a submission is necessary so [hat upon
confirmation of those physical changes affecting flooding conditions, risk
premium rates and floodplain management requirements will be based
upon current data.
~ Use of other base flood data. When base flood elevation data has not
been provided in accordance with section 27-6, the floodplain
administrator shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a Federal or State agency, or
other source, in order to administer article 4. Any such information shall
be submitted to the County of Hawaii for adoption.
[(EyJ (~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 ] be maintained at or
improved to a minimum of the base flood elevation.
l7
(2) Notify the State of Hawaii department of land and natural
resources [ ] (commission
on water resource management) and all adjacent property owners
and all downhill orocerty owners within 2000 feet or three tax
map kev aarcels whichever is greater, prior to such alteration or
relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration, Federal
Emergency Management Agency.
[(-A] ~ Take action to remedy violations of this chapter as specified in article 6.
(h) Implementation of Flood Plain Management Program. The floodulain
administrator shall imalement and comely with the Flood Plain
Management Program.
SECTION 10. Chapter 27, article 4, section 27- l7, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27- l7. Certitcation standards.
Pre-construction and post-construction certification of elevation and
floodprxx>fing of new construction, improvements to repetitive loss structures.
development, and substantial improvements within aeeas of special flood hazazds
shall he 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 [he following items, as applicable, and any additional
items as required by the director of public works to promote public
welfare and safety:
(1) Certification of building plans. Each set of building plans shall be
certified by a structural engineer or architect, currently [fegistered]
licensed in the Slate of Hawaii, to be in compliance with the
requirements of this chapter.
(2) Elevation certification on building plans. The elevation of the
lowest fioor shall be certified on each set of the building plans by a
civil engineer or land surveyor currently [eegtstered] licensed in
the State of Hawaii.
13) Special flood hazards area certification. The County of Hawaii
"Special Flood Hazard Area Certification" form, as amended, shall
be completed and certified by a structural engineer or architect
currently [fegistered] licensed 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
architect currently [registered] licensed in the State of Hawaii and
l8
shall be submitted for approval with the building plans. The
director of public works may require additional information
regarding the Floodproofing design from the permit applicant and
the applicant shall provide it. The information required may
include the design data and calculations used in the floodproofing
design, a detailed Flood elevation study, a drainage report, and
other information as determined necessary by the director of public
works to establish compliance with the provisions of this chapter
and to promote public welfare and safety.
(b) Post-construction certification. Requirements for approval of the
certificate of occupancy shall include the following items, as applicable,
and any additional items as required by the director of public works to
promote public welfare and safety:
(1) Elevation certification. The Federal Emergency Management
Agency "Elevation Certificate," as amended, shall be completed
and certified by a land surveyor, civil engineer, or azchitect
currently [registered] licensed 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 11. Chapter 27, article 4, section 27-18, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-18. Standards for construction.
Standards for construction within areas of special flood hazards are
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.
(l) New construction, improvements to recetitive loss structures, and
substantial improvement shall be constructed with materials and
utility equipment resistant to flood damage.
(2) New construction, improvements to recetitive loss structures. and
substantial improvement shall be constructed using methods and
practices that minimize flood damage.
13) New construction, improvements to repetitive loss structures. and
substantial improvement shall be designed and constructed with
electrical, heating, ventilation, plumbing, air-conditioning
19
equipment, and other service facilities including, but not limited to,
furnaces, heat pumps, hot water heaters, washers, dryers, elevator
lift equipment, electrical junction boxes, circuit breaker boxes, and
food freezers that are located above the base flood elevation.
(4) Within Zones V and VE, new construction, improvements to
r~etitive loss structures, and substantial improvements shall
comply with the standards of section 27-23.
Recreational vehicles placed on sites within Zones AH and AE on
the FIRM shall be elevated and anchored or be on the site for less
than one hundred eighty consecutive days or be fully licensed and
hiehway read
(c) Filling.
(I) Within a floodway, [ftllieg] encroachments (including fill), new
construction, improvements [o repetitive loss structures, substantial
improvements, and other developments, shall be prohibited unless
certified by a professional civil engineer [registered] licensed in
[he State of Hawaii, with supporting data, that the encroachment
will not cause any increase in base flood elevations during the
occurrence of the base flood discharge.
Require, until a reeula[ory floodway is desisnated, that no new
construction, improvements to repetitive loss sttuctures, substantial
improvements, or other development (includins fill). shall be
permitted within Zones AE on the FIRM, unless demonstrated that
the cumulative effect of the proposed development, when
combined with all other existine and anticipated development, will
not increase the water surface elevation of the base flood at anv
pint.
~ Within all zones of special flood hazards, but not including
Zone AE and floodways, filling which would result in the blockage
or impediment of flow and/or induce or aggravate flooding shall be
prohibited unless certified by a professional civil engineer
[registered] licensed in the State of Hawaii, with supporting data,
that the encroachment will not cause any increase in base Hood
elevations during the occurrence of the base flood discharge.
[(3~] ~ Within floodway fringe areas, filling to elevate the lowest
floor of a nonresidential structure may only be permitted where the
structure:
(A) Is floodproofed so that below the base flood elevation the
structure is watertight with walls substantially impermeable
to the passage of water, and
(B) Has structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy.
[F4I] In Zones V and VE, filling and the use of fill material for
structural support of buildings shall be prohibited.
(6) Within areas where the grade of the natural elevation of the ground
surface prior [o construction exceeds ten percent, filling, grading,
20
and other development which may increase '~.:;o~
ef]flooding or erosion hazazds shall be prohibited unless a
professional civil engineer licensed in the State of Hawaii certifies
that the development will not divert runoff or disturb [ttaEt~el
~eEeeti~re-~€fees}naturally existing site features (trees and other
vegetation, slopes, soils, etc.) in a manner which increases [tie
{ikel+#teed--ef]flooding or erosion in other areas. Man-made
alteration of such sloping aeeas will be limited to no more than
twenty percent of the total land area of any lot or proposed new
subdivision. Any measures to be implemented in order to prevent
or decrease '~c.,.~ 'oi~run-off or erosion shall be clearly
shown or described on the grading or infrastructure construction
plan."
(d) Elevation and floodproofing.
(1) Within Zones AE and AH:
(A) For residential new construction, improvements to
repetitive loss structures, and substantial improvements:
The lowest floor shall be elevated to [eF] a
minimum of one foot above the base flood elevation.
(B) For nonresidential new construction, improvements to
repetitive loss structures, and substantial improvements:
The lowest floor shall be elevated or floodproofed
to a minimum of one foot IeFI above the base flood
elevation. [f the lowest floor is below the base flood
elevation, then the structure together with attendant utility
and sanitary facilities shall be designed, [ate] constructed,
and certified by a licensed professional engineer or
architect such that:
(i) The structure is watertight below the base flood
elevation.
(ii) The walls are substantially impermeable to [he
passage of water.
(iii) The structural components are capable of resisting
hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(C) Within Zone AH, new construction, improvements to
repetitive loss structures, and substantial improvement shall
be required to provide adequate drainage paths around
structures on slopes to guide [€leed--wateFS] floodwaters
around and away from proposed structures.
Fully enclosed aeeas below the lowest floor that aze
useable solely for parkins of vehicles. building access, or
storage in an area other than a basement and which are
subject to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior wa{Is by
2l
allowing_for the entry and exit of floodwaters. Designs for
meeti~ this requirement must either be certified by a
licensed professional engineer or architect or meet or
exceed the following criteria: A minimum of two
openings havine a total net area of not less than one square
inch for every square foot of enclosed area subiect to
flooding_shall be provided. Each openine must be on
different sides of the enclosed area. The bottom of all
openings shall be no higher than one foot above grade.
Openines may be equipped with screens, louvers, valves.
or other coverings or devices provided that they cermit the
automatic entry and exist of floodwaters.
(2) Within Zone AO:
(A) For [rtew] residential new construction, improvements to
repetitive loss structures, and substantial improvements:
The lowest floor shall be elevated above the highest
adjacent grade at least [a.~h4gh-es] one foot above the
depth number specified in feet on the FIRM, or at least
[t+ve] three feet if no depth number is specified.
(B) For nonresidential new construction, improvements to
repetitive loss structures, and substantial improvements:
The lowest floor shall be elevated or floodproofed
above the highest adiacent grade at least [as--high-as] one
foot above the depth number scecified in feet on the FIltM,
or at least ltwel three feet if no depth number is specified.
If the lowest floor is below the elevation referenced in
subsection 27-I8(d)(2)(A),then the structure together with
attendant utility and sanitary facilities, shall be designed,
[ead] constructed and certified by a licensed professional
engineer or architect such that:
(i) The structure is watertight below the referenced
flood elevation.
(ii) The walls are substantially impermeable to the
passage of water.
(iii) The structural components are capable of resisting
hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(C) New construction, improvements to repetitive loss
structures, and substantial improvement shall be required
to provide adequate drainage paths around structures on
slopes to guide floodwaters around and away from
proposed structures.
(3) Within Zones V and VE: New construction, improvements to
r~titive loss structures. and substantial improvement shall
comply with the standazds of section 27-23.
(4) Within Zone A: New construction, improvements to repetitive loss
22
structures, and substantial improvement shall comply with the
standards of section 27-24.
(e) Certification requirements. All new construction and substantial
improvement within areas of special flood hazard shall be certified as
required by the standards of section 27-17.
SECTION l2. Chapter 27, article 4, section 27-20, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-20. Standards for subdivisions[:] and other developments.
(a) All subdivisions and other developments within areas of special flood
hazards and flood-prone areas shall:
(l) 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.
(4) Construct all buildings at least one foot above the base flood
elevation.
(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 shall 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] for each of the
lots.
(d) fRlL~n .6o Fl,.,.,J«L.:« ,..r..,: ti«~ Ae..:..«...e,i ,.F ....«,.:..1 Fl..,..r
L,.,...,..ro l A e~\ .l.e «..1.1:.....:..« ..F IILIDAe CTD A.T
I~ce~ktffe-~eRi#i~o-~vr-ua-prvpvs@~e-vix~raccion-cix~o.nci
,Je..el..«...e«a.. ,.1..,1:«.. •Lo «1.......«,.«r ..F ,„..««F..,.?«~e.r 1......,...
,
,:.t.:« '~,.«e n .t.e „ cvo>,e crone.
6,,..e l.ee« .e..e:..vA F...... •L..~e ,.,..,o~.....««a..l ....,.«..:e.. F..,......,t.:,.6
~ b....,....,.~....., ,.b~ ....v.~.rvri.-..-.r.c-rr
..1 : ..«a 1.., c,.a,...,,1 c..,.e 1.... ,.l.a:«,. « ene
..F .Le Ce,Jo~..l lIl...e~ D..I L.a:«« !`,.«....1 n,.. n...,.«a«.,.«.,. ,.F ln~~
zz
rz
rr~.,T
.ro.,ol..«.«o«.~ o...a. t6.,« e:.6e. C. C~.. 1,.... C...e «,.1 ..J
„r..,.. , br
Subdivisions and other developments f
t1} in anv location or fgenerall flood falaiRl zone shall comply with the
followine:
23
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, and submit conies to the department of
public works, which shall keep electronic copies of all permits
associated with the project.
For all proposed developments and/or subdivisions greater than
either l""-~'°`° r-~° °°-°°1 two lots or one acre, the developer
and/or subdivider shall include base flood elevation data within
their proposal.
Comply with the requ>rements of section 27-24.
1e) frF cn n,.a el,...n«e «h,. n:.n ,.F n..., 1.,.:., ..La:..:..:,.., ni~,...e «Le Lnne
LFl....~I ele..n«;..., •La .,ni nlo.,nr:..,- ..F «l.e n:«e . C.11:,, ,....7 «6e
F...nl el n..n«:,.....C «L., n C«.... C.Ili..,. nL,nll Le ,.ew: C. n.l 1-.. ...f nn:..., nl
,:I e . In.,.r n o.,H., - :n«n..e.r «6e C«n«o .-F
All developments requiring a site drainage plan under section 25-2-72(3)
(anticipated) shall submit such a plan for review and approval by the
director of public works. The site drainage plan shall comply with
sections 27-20(a) and (b) and section 27-24, and shall include a storm
water disposal system to contain run-off caused by the proposed
development, within the site boundaries, up to the expected fexe-keu~
ten-veaFl base flood Ester-ml storm event (also known as the "one-
hundred-year flood). as shown in the Department of Public Works
"Storm Drainage Standards:'dated October 1970. or anv approved
revision, unless those sandads specify a greater recun•ence interval. The
amount of expected runoff shall be calculated according to the Department
of Public Works "Storm Drainage Standards: 'dated October 1970, or anv
approved revision, or by anv nationally-recognized method meeting with
the approval of the director of public works. Runoff calculations shall
include the effects of all improvements.
(f) Storm water shall be disposed into drvwells, infiltration basins. or other
approved infiltration methods. The development shall not alter the general
drainage Qattern above or below the development.
(g) In Hawaii County, agricultural subdivisions may exist in areas uphill from
urban areas and may have severe flooding conseouences: therefore. new
agricultural subdivisions shall comply with all requirements of Article 4.
Section 27-17-26. in that redirected flood channels shall meet base flood
elevation levels, and appropriate design and structures shall be provided to
retain all rainfall up to a 100-year storm event on the agricultural land on
which the rainfall fell.
SECTION l3. Chapter 27, article 4, section 27-22, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
24
Section 27-22. Standards for floodways.
The floodway identified on the Flood Rate Insurance Maps and located
within areas of special flood hazard is the watercourse reserved to discharge the
base flood. Since the floodway is an extremely hazardous area due to the velocity
of [fleed-wafeFS] floodwaters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
(a) Encroachments, including fill, new construction, improvements to
repetitive loss structures, substantial improvement, and other new
development shall be prohibited unless certification and supporting data is
provided by a [fegistered] licensed professional engineer or architect
demonstrating that the encroachment will no[ cause any increase in base
flood elevations during the occurrence of the base flood discharge.
(b) [f an encroachment within a floodway is allowed under the conditions of
paragraph 27-22(a), all new construction, improvements to repetitive loss
structures, substantial improvement and other proposed new development
shall comply with all applicable flood hazard reduction provisions
established in this chapter.
(c) The following uses, not involving fill, shall be evaluated on a case-by-case
basis to establish that the use does not cause any increase in base flood
elevations:
(1) Public and private outdoor nonstructural recreational facilities, lawn,
garden, and play areas;
(2) Agricultural uses, including farm, grazing, pasture, and outdoor plant
nurseries; and
(3) Drainage improvements, such as channels and stream crossings.
SECTION l4. 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 hazazd areas, more commonly known as tsunami inundation
areas, are identified as Zone V or Zone VE on the Flood Insurance Rate Maps.
Within coastal high hazard areas, the following standazds 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 [o 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 [eF-a~eve] at least 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
25
building components. The wind and water loading values shall each have a
one percent chance of being equaled or exceeded in any given year.
(c) New construction, improvements to repetitive loss structures, and other
development shall be located on the landward side of the reach of mean
high tide.
(d) New construction, improvements to repetitive loss structures, and
substantial improvement shall have the enclosed space, if any, below the
lowest floor free of obstructions and constructed with breakaway walls as
defined in section 27-12. Such enclosed space shall not be used for human
habitation and will be useable solely for parking of vehicles, building
access, or storage. Machinery and equipment which service the building,
such as furnaces, air conditioners, heat pumps, hot water heaters, washers,
dryers, elevator lift equipment, electrical junction and circuit boxes, and
food freezers are not permitted in such enclosed spaces. The enclosed
space must only be achieved with breakaway walls, open wood
latticework, or insect screening intended to collapse under wind and water
loads without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system. A
breakaway wall shall have a design safe loading resistance of not less than
ten and no more than twenty pounds per squaze foot. Use of breakaway
walls which exceed a design safe loading resistance of twenty pounds per
square foot may be permitted only if a [registered] licensed professional
structural engineer certifies that the design proposed meets the following
conditions:
(l) Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and
(2) The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement, or other
sttuctural 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, imnrovements [o repetitive loss structures,
development, and substantial improvement within coastal high hazard
areas shall be certified as required by section 27-17.
Recreational vehicles placed on sites within Zones V and VE on the FIRM
shall be elevated and anchored or be on the site for less than one hundred
eighty consecutive days or be fully licensed and hiehwav readx
SECTION l5. Chapter 27, article 4, section 27-24, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
26
Section 27-24. Standards for general floodplain.
The general floodplain, identified as Zone A on the Flood Insurance Rate
Maps, are areas of special flood hazards for which detailed engineering studies
are not 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) [St~+vtsten] I~velopment or subdivision proposals shall conform with
the requirements of section 27-20.
(c) The following information shall be provided by a permit applicant [o the
director of public works [o evaluate the proposed construction or
improvement site within a general floodplain area:
(1) Project location and site plan showing dimensions.
(2) Relationship to floodway and floodway fringes as determined by
flood elevation study.
(3) Contour map showing the topography of existing ground based on
elevation reference marks on flood maps. The scale and contours
are to be appropriate to the work in question.
(4) Existing and proposed base flood elevations.
(5) Existing and proposed floodproofing and flood control measures.
(d) New construction, improvements to repetitive loss structures, and
substantial improvements within the general floodplain shall satisfy the
requirements set forth for Zones AE, AH, AO, or VE as is determined to
be applicable by the director of public works based on base flood
information and floodway data obtained through subsections 27-24(a) and
27-24(b).
(e) The director of public works may waive informational requirements if the
director of public works has sufficient information to make an evaluation
and determination regarding flood elevation or may request further
information, including a detailed flood elevation study and a drainage
report, to evaluate flood risks and determine the applicability of flood
construction and development standards except that all structures shall
be at least one foot above the base flood elevation.
(f) 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.
(h) All re-channelization of t7oodalain watercourses shall be required to
meet the base flood elevation for distwsal of stormwater.
SECTION l6. Chapter 27, article 4, section 27-25, Hawaii County Code 1983 (2005
27
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) [8$en-Fewest-by-~] The director of public works, [f~theF] shall request
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 [registeFed] licensed professional civil engineer, shall be
provided to evaluate potential flooding.
(b) The director of public works shall determine the applicability of the
various development and construction standards provided in this chapter
based upon information available from a Federal, State, or other source,
including information provided by the permit applicant.
(c) A drainage facility shall not be modified, constructed, lined, or altered in
any way without the approval of the director of public works.
(d) All re-channelization of floodplain watercourses shall be required to
meet the base flood elevation for disposal of stormwater.
SECTION 17. Chapter 27, article 4, section 27-26, Hawai `i 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 "Stone Drainage
Standard," October 1970 edition, or latest revision, is incorporated into and made
a part of this chapter. These standards have been prepared to guide County
engineers and personnel, engineers for subdivision and other developers,
consultants employed by the department of public works, and other interested
parties in the general features required for the design of storm drainage facilities,
preparation of flood hazard studies, and other related work in the County of
Hawaii.
SECTION 18. Chapter 27, article 5, section 27-27, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-27. Criteria for variances.
A variance from this chapter may be issued by the director of public works
only upon the applicant meeting the variance criteria of this section. The variance
criterion [criteria] set forth in this section are based on the general principle of
zoning law that variances pertain to a piece of property and are 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 hardship to the applicant or the surrounding
28
property owners. The characteristics must be unique to the property and not be
shared by adjacent parcels. The unique characteristic must pertain to the land
itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the County of Hawaii to help protect its citizens from
flooding. This need is so compelling and the implications of the cost of insuring a
structure built below flood level are so serious that variances from the flood
elevation or from other requirements of this chapter are quite rare. The variance
guidelines are detailed and contain multiple provisions [hat must be met before a
variance can be properly granted. The following criterion [criteria] aze designed to
screen out those situations in which alternatives other than a variance are more
appropriate:
(a) Generally, variances may be issued for new construction, improvements [o
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 discharge would result.
(c) Variances shall only be issued upon:
(l) A showing of good and sufficient cause. Under this [c-rite~rie]
criterion, 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
characteristic must pertain to the land itself and no[ the structure,
its inhabitants, or the property owner.
Under this [cfitefte] criterion, only exceptional instances
should arise where the physical characteristics of properties create
a hardship sufficient to justify granting a variance. Even in a fairly
common situation where an undeveloped lot is surrounded by
properties with structures built at grade and/or below Flood levels,
a vaziance cannot be justified since an applicant can erect the
concerned structure on pilings, etc.;
(2) A determination that failure to grant the variance would result in
exceptional "hardship" (as defined in section 27-12) to the
applicant. Under this [eriteFie] criterion, the hardship that would
result from failure to grant a requested variance must be
exceptional, unusual, and peculiaz to the property involved.
Economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors cannot,
generally, qualify as exceptional hardship. Under this [efitefia]
criterion, for example, a member of a household is physically
29
handicapped and wants a variance to build the dwelling at grade or
at a lower level for access purposes. A variance should no[ 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 [€leed-wafer] floodwaters;
(3) A determination that the variance is the "minimum necessary" (as
defined in section 27-12), considering the flood hazard, [o afford
relief. Under this [eriteeia] criterion, the variance that is granted
should be for the minimum deviation from the flood requirements
that will still alleviate the hardship. In the case of variance to an
elevation requirement, this does not mean approval to build at
grade level or to whatever elevation an applicant proposes, but
rather to a level that the director of public works determines will
provide relief and preserve the integrity of the flood ordinance; and
(4) A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause "fraud or
victimization" (as defined in section 27-12) of the public, or
conflict with existing local laws or ordinances. Under this [efiteeia]
criterion, an applicant must demonstrate that flood levels will not
be raised above the base flood elevations.
(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 defined in section 27-12) provided that the provisions of paragraphs
27-27(a) through 27-27(c) are satisfied and that the structure or other
development is protected by methods that minimize flood damages during
the base flood and create no additional threats to public safety.
(e) Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic 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 are the minimum necessary to assure safe living conditions.
(g) Variances may be approved with conditions. Such conditions may include:
(l) 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,
30
levees, and other flood-protective measures.
(5) Floodproofing measures designed consistent with the regulatory
flood elevation, flood velocities, hydrostatic and hydrodynamic
forces, and other factors associated with the base flood.
(6) Other conditions as may be required by the director of public
works to promote public welfare and safety.
SECTION 19. Chapter 27, article 5, section 27-28, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-28. Application for variance.
An application for a variance shall be submitted to the director of public
works, signed and stamped by a [registered] licensed professional engineer or
architect, and shall include three sets of documents with the following information
as may be applicable:
(a) Plans and specifications showing the site and location; dimensions of all
property lines and topographic elevation of the lot existing and proposed
structures and improvements, fill, storage area; locations and elevations of
existing and proposed streets and utilities; floodproofing measures;
relationship of the site to the location of the flood boundary; floodway;
and the existing and proposed flood control measures and improvements.
(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 azeas where a study and report have not
been reviewed and accepted by the County of Hawaii.
(d) Description of surrounding properties and existing structures and uses and
the effect of the regulatory flood on them caused by the variance.
(e) Evaluation and supporting information for the variance with respect to the
factors to be considered by the director of public works as listed in
paragraphs 27-27(a)through 27-27(f).
(f) An agreement that a covenant will be inserted in the deed and other
conveyance documents of the property and recorded with the bureau of
conveyances of the State of Hawaii, stating [ha[ 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.
3l
SECTION 20. Chapter 27, article 5, section 27-30, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-30. Recording and reporting of variances.
(a) Any applicant to whom a variance is granted shall be given written notice over
the signature of the director of public works [hat:
(1) The issuance of a variance to construct a structure at elevations
below the base flood level will result in increased premium rates
for flood insurance[;] up to amounts as high as $25 for $100 of
insurance coverage;
(2) Such construction below the base flood level increases risks [o 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 [he
biennial report submitted to the Federal Insurance Administration, Federal
Emergency Management Agency.
SECTION 21. Chapter 27, article 6, section 27-34, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-34. Administrative order.
(a) In lieu of or in addition to section 27-33 if the director of public
works determines that any person, firm, or corporation is not complying
with the requirements of this chapter or a notice of violation for a violation
of this chapter, the director of public works may have the party
responsible for the violation served, by certified mail or delivery, with an
order pursuant to this section.
(b) The order may require the party responsible for the violation to do any or
all of the following:
(I) Correct the violation within the time specified in [he 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 [he
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 9l, Hawai`i Revised
Statutes. If a heazing is requested, no fine shall be imposed except upon
completion of [he hearing. [n 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
32
applicable requirements, the economic impact of the fine on the violator,
and such other considerations that have a bearing on the amount of the
fine.
(d) The director of public works may institute a civil action in any court of
competent jurisdiction for the enforcement of any order issued pursuant to
this section. Where the civil action has been instituted to enforce the civil
fine imposed by said order, the director of public works need only show
that the notice of violation and order were served, that a civil fine was
imposed, the amount of the civil fine imposed, and that the fine has not
been paid.
SECTION 22. Chapter 27, article 6, section 27-37, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-37. Removal of encroachment and/or obstruction notices.
In addition to any other section, if any encroachment and/or obstruction
exists, under, over or through any portion of a drainageway, floodway, levee
system or watercourse within the County and the encroachment and/or obstruction
is observed, or a complaint made to [he 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 [°O~cciiv.r] article.
SECTION 23. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 24. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid provision or application, and to
this end, the provisions of this ordinance are declared to be severable.
SECTION 25. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of lst Reading:
Date of 2nd Reading:
Effective Date:
33