COM 0176.083 2006-2008 - Laserfiche WebLink

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BILL 51 DRAFT 3 DPW COMMENTS - 5/23/07 Sec. 27-1(b): Because you cannot "control" floodwaters, use of phrases such as flood control, flood prevention and flood protection has resulted in a general misunderstanding on the part of the public and a false sensed of security. Congress recognized, in the early 1950s, that flood control was not effective in reducing flood damages. As a result, Congress passed the National Flood Insurance Act of 1968 and the National Flood Insurance Reform Act of 1994. These Acts aze the basis for, and reason why Chapter 27 exists. We would like to revise this section to read: (b) To minimize expenditure of public money for costly flood [ee~eb] damage reduction projects; Sec. 27-1(i): Stormwater management regulations are part of Chapter 23 and 25. All references to stormwater management should be deleted to avoid inconsistencies. If inconsistencies in laws do exist, such laws may be deemed to be unenforceable. This issue should be further discussed with Corporation Counsel. Sec. 27-1(j): Chapter 27 has no statutory authority to improve water quality, erosion, endangered species and habitat conservation and enhancement, is not the purposes of the NFIP and should be deleted to avoid contradictions and inconsistencies with Chapter 10, 23 and 25. If inconsistencies in laws do exist, such laws may be deemed to be unenforceable. This issue should be further discussed with Corporation Counsel. Sec. 27-1(k): The term "minimum standard" is vague and uncleaz. We assume this was in reference to the minimum design storm. We are unaware of any testimony, evidence or examples to substantiate the need to increase the current minimum 10-year design storm standard found in Chapter 23 and 25 of the Hawaii County Code. The testimonies and examples that have been cited in South Kona aze in reference to developments and subdivisions that pre-date the use of the current 10-year standard or to fazming/agricultural operations that are currently not subject to any drainage improvement requirements found in the Hawaii County Code. Sec. 27-1(1): As indicated previously by the State NFIP coordinator, Section 5.3(a) of the General Plan is not in compliance with the NFIP. If this language is to be retained, the General Plan needs to be changed to comply with the NFIP. In accordance with section 2-31(a) of the Hawaii County Code, General Plan revisions are initiated by the Planning Director. Sec. 27-1(n): Watershed management is a land use principle that is inappropriate in Chapter 27. This item should be discussed with our Planning Department Page 1 of 8