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HomeMy WebLinkAboutCOM 0176.118 2006-2008 ~~v or•x_ Bruce C. McClure Harry Kim ~ Director Mayor . n.«•N'~ ~ e.;. Jiro A. Sumada ~iy.4 AM1l~.I V ~f}GL W la `(Z Deputy Director DEPAI~7CRILTMENLMT7 OF PUBLIC WORKS Aupuni Center 101 Pauahi Street, Suite 7 ~ Hilo, Hawaii 96720-4224 (808) 961-8321 ~ Fax (808) 961-8630 www.co.hawaii.hi.us June 29, 2007 Honorable Pete Hoffmann, Council Chair and Members of the Hawaii County Council - r-' Hawaii County Council 333 Kilauea Avenue Ben Franklin Building, 2nd Floor Hilo Hawaii 96720 J SUBJECT: Flood Plain Management Community Group Meetings A group that included Hawaii County Council members, business leaders, community representatives, other concerned agencies and representatives from the County Administration met on June 22 and June 26 to work on a draft for the Flood Plain Management Program bill. A big thank you is extended to all participants for giving their time and thoughts on this subject. (A full list of participants is on the attachments.) The goal of the meeting was to share information on the County's ordinance on flood plain management so that it will meet the requirements of the National Flood Insurance Program (NFIP) and to address policy issues raised by the County Council that go beyond the minimum criteria for NFIP. A State coordinating agency for NFIP will review the Floodplain Management Program bill to insure its compliance. Although no participants have seen the final draft in the proposed Draft 5, I am sharing the summaries of both meetings with you. ruce C. McClure, P. E. j ~ g Director Comm. No. 7 Ref. To: Attachments Ref. Date JUN 2 9 2007 County of Hawaii is an Equal Opportunity Provider and Employer. MEETING SUMMARY FLOOD PLAIN MANAGEMENT CONIlVILJNITY GROUP June 22, 2007 ~ Noon - 6:00 pm Facilitated by Ku'ikahi Mediation Center Catherine, Joanne, Jocelyn & Lloyd Participants: • Chuck Flaherty, Hokuli'a Plaintiff • Jack Kelly, Hokuli'a Plaintiff • Curtis Tyler Absent • Brian Kajikawa, division chief of Building • Galen Kuba, division chief for Engineering • Bruce McClure, Director of Public Works • Council Chair Hoffmann for part of the meeting • Council Member Ford, for the part of the meeting that Hoffmann was not in attendance • Brad Kurokawa, Deputy Director of Planning • Waiaha Citizens for Drainage Representative (Bert Onaka, Dave Edgar) • Jacqui Hoover, Hawaii Leewazd Planning Conference (HLPC) • Ken Melrose, HLPC • Steve Herbert, Hawaii Society of Professional Engineers • Greg Hendrickson • Fred Cowell, Kona Soil and Water Conservation District • Hiram Rivera, E.M. Rivera & Sons Inc. for the Contractors Assn. • Terry Dunlap, representing the AIA • Ken Kaneshiro, Farm Bureau • Carol Tyau-Beam, (DLNR/NFIP) • Stephen Skipper, (MRCS -Natural Resources Conservation Services)* • Don Thomas, (UH, School of Ocean & Earth Science & Technology) • Dudley Kubo, NRCS • Katina Hanson, NCRS • Jerry Williams* stood in for Stephen Skipper for awhile • Gerald Takase, Corporation Counsel Also in attendance: Meeting was viewed by video in the Waimea and Kona Council offices. About 8-12 members of the public were present in Hilo at any given time as well as a reporter from the West Hawai 'i Today, who attended about half of the meeting. 1 GENERAL OBSERVATIONS The challenge before this group and the entire Big Island: How to research, design and implement a flood drainage system to protect everyone (as much as possible) living on all mauka and makai slopes of Hawaii Island that: • Infringes as little as possible on land owner rights; • Minimizes negative economic impact, and • Maintains FEMA eligibility for all flood area residents in case of disaster All participants who spoke expressed genuine to grave concern, some for years, about the flooding and potential flooding situations that are occurring and could occur in the future on the Big Island. The FEMA deadline has brought the issue to a head and forced both lawmakers and the community to cooperate NOW or lose federal disaster funding. About 3 hours into the meeting, the interactions shifted from participants inputting comments on each section to an open general discussion-some of it quite straightforward-between participants about the specific language (and unintended negative consequences) and technical definitions versus the spirit of what this legislation is intended to accomplish. Questions were asked and clearly the participants' desire to help lawmakers base their decisions on science, history, as well as practical and physical limitations. Many of the participants felt heard and acknowledged. The willingness to work together on solutions was notable. During the breaks, small groups gathered in the room and along the hallway all the way to the lunch room. The groups grew at each progressive break and interactions appeared respectful and constructive. Almost everyone stayed for the entire meeting. After adjournment, half or more of the participants stayed to continue discussions while the room was being broken down. ISSUES DISCUSSED: Definitions of "flood-prone" and "flood plain" that include 100% of the island have wide ranging consequences, including slowed development (the word moratorium was denied), increased insurance rates, time and construction costs for land owners as well as overloading the County systems to manage and regulate such a sweeping change in policy. Many considered the definition impossible and creating more problems than any/all good intentions of solving the problem. 2 The second major concern of the group was which flood standard to use and how to apply it fairly. One size does not fit all and neither 10-year base or 100-year base flood measurements seem appropriate. This is important: apply progressive standards between the 10- and 100-year flood standards depending upon the varying geological locations and flood potentials. At this point in time, no one can accurately identify what and is not a flood area, especially since the last two years of development. One of the participants asked, "What can we do now?" This sentiment was expressed by many in the form of realizing that coordinating the science, legislation, money, administration, implementation systems and regulations (enforcement) necessary to produce effective, long-lasting results requires: • Focused and immediate attention • Significant to massive financial and human resources and • A Federal Flood Plain Management Director like most other states. Few areas of the island are currently mapped for floods, and there are many changes and potential changes of the watercourses that need to be identified. Base Flood Elevation determinations cannot be made without maps. One of the first maps is topographic, which one participant said, is a rather daunting task in itself. One source for this data was noted: The Watershed Alliance. Also, it takes some heavy rainfall to indicate and confirm where the watercourses currently are; many existing maps are no longer accurate. New watercourses are emerging all over the island as a result of upslope activities that have not been effectively managed. Regularly re-mapping and monitoring the situation presents challenges with limited resources. Consequence could be one area suffers damage from flooding in a previously undesignated or newly insufficient drainage area and therefore not eligible for FEMA funds. Fairness to both small and large landowners was a concern; clarification and consistency of definitions is important throughout the document as well as with existing requirements. Overlap and conflict examples were presented. There is urgency to address this issue beyond FEMA deadlines. The potential liability to the County for not addressing the flooding issue sooner was a concern because land owners are already experiencing flooding damages that the science says will only increase. One participant said "I know it's a big problem. But it's pay now or pay more later." PARKING LOT 3 What is available right now to help those flooding out? *Smart* Development RECORDING NOTES This summary was extracted from the recorders notes rather than transcribed so the reader can better understand the tone as well as the issues of the participants. The recording notes will be returned to you and can be transcribed verbatim if desired. QUESTIONNAIRES Questionnaires have not yet been completed. They will be tallied and returned after the meeting completes on Tuesday. The `Best Ideas' will be summarized from the recorder's notes. AGENDA The meeting started late and was delayed a couple of times because of technical changes and challenges, but it did not seem to have any negative effects. The meeting seemed informative and valuable; nearly all participants made comments and suggestions that were thoughtful and focused. After some background and history, we moved through each item in order, with the exception of two or three sections due to Sunshine Law and appropriate definition clarifications. As recommended, we started with the FEMA regulated language sections listed on the yellow questionnaire. After 8 of the 19 items, there was general agreement that the FEMA language remain as is (necessary) to retain eligibility for disaster relief funds. Therefore, no constructive purpose would be served by further discussing something there is no power to affect. Switching to the Hawaii (buff) Questionnaire, we started the items on the Proposed Draft 5, Bill 51. The group considered the shift appropriate and supportive of the positive collaboration they wanted to generate, and the ground rules were adjusted accordingly. About half the Hawaii agenda items were completed. The next meeting venue will be announced on Monday, and will convene from noon to 6:00 pm. to continue the Hawaii agenda. 4 MEETING SUMMARY FLOOD PLAIN MANAGEMENT COMMUNITY GROUP June 26, 2007 ~ Noon - 5:00 pm Facilitated by Ku'ikahi Mediation Center Catherine, Joanne, Lloyd & Lance Participants: ? Chuck Flaherty, Hokuli'a Plaintiff ? Jack Kelly, Hokuli'a Plaintiff ? Brian Kajikawa, division chief of Building ? Galen Kuba, division chief for Engineering d• Bruce McClure, Director of Public Works ? Council Member Ford ? Brad Kurokawa, Deputy Director of Planning ? David Edgar Waiaha Citizens for Drainage Representative ? Jacqui Hoover, Hawaii Leeward Planning Conference (HLPC) ? Ken Melrose, HLPC ? Steve Herbert, Hawaii Society of Professional Engineers ? Greg Hendrickson ? Fred Cowell, Kona Soil and Water Conservation District ? Hiram Rivera, E.M. Rivera & Sons Inc. for the Contractors Assn. ? Terry Dunlap, representing the AIA ? Stephen Skipper, (NRCS -Natural Resources Conservation Services) Also in attendance: One citizen was present and wanted to speak near the end of the meeting. She was referred to individuals after the meeting. Jim Quirk from West Hawaii Today attended. Sunshine Law Note: Council Chair Pete Hoffmann was not in attendance and Council Member Ford was present for the entire meeting. z CORRECTIONS TO JUNE 22 SUMMARY: Page 1, participants: Katina Hanson, NCRS was not in attendance and Jerry Williams was not standing in for Steve Skipper. Page 3, bullet 3: Hawaii County does not yet have a Floodplain Administrator. No reference to federal was made. ISSUES DISCUSSED: It was emphasized by nearly all again that a "one size-fits-all" designation cannot be made for either "Island Wide Floodplain" or "100-year Flood Standard." It is not economically, logistically, administratively, or scientifically viable. Items in Chapter 27 have profound (some said impossible, catastrophic) impact and consequences if these designations should be applied. If they are not applied, many items on the questionnaire were otherwise fine. (Please refer to June 22 Summary, Issues Discussed for detailed information.) There was definite concern about the use of words like "all", "every", and other absolutes, especially in regard to 27-20, which would require all homeowners and small subdivisions to conduct a Flood Study before issuing a grading or building permit. One participant said, "kinda scary." Overall concern about the integrity of the structure of Chapter 27 regarding: Conflict or duplication with other ordinances & organizations (i.e., Army Corps of Eng.) ? Consistency of Scope and Methods being carried through to implementation elsewhere in chapter ? Coordination with other chapters, departments and non-county organizations regarding compliance and enforcement ? Challenge of implementing and enforcing is enormous re people and resources Whatever results from Chapter 27, it will be dependent and related to grading and grubbing in Chapter 10. Chapter 10 has little enforcement or penalty as is; changing the ordinance won't have much effect without enforcement. Paying fines for violations is currently a `cost of business' to developers; it's more economical than compliance, risk is good they won't get caught. Suggestion to make the developers partly responsible/liable along with the County to inspire compliance. Zones D and X are not statutorily the same as A-remove D and X. FEMA zone D does not exist on this island. Zone X, shaded and not shaded, represents a very large portion of the island not in a floodplain area and not mapped. Mapping was discussed as the key tool and again, the cost, time and inaccuracy of current maps was emphasized along with the need to monitor and stay current with watercourse changes. 3 The duties of the Floodplain Administrator were discussed: ? May be too large a job for one Floodplain Administrator-group, department? ? Administrative challenge of keeping copies of all permits and related reports ? Concern about liability of being responsible for every permit ? How to develop a plan for each floodplain and ditch Council Member Ford told the group that if her revised version of Chapter 27 (goal is to read it at the July 10, 2007 Council Meeting) still contains contentious items, she will remove those items so at least the agreed-upon items will remain as a first step toward solution. She wants to meet FEMA and legislative deadlines at least as much as everyone else and promised her sincere commitment to the task. While everyone is aware something has to be done and that it is a very large task, most reported that the process leading up to these meetings was not to their liking. Suggestions were made to have these same types of collaborative meetings prior to a bill's introduction so it would be more realistic and technically sound to begin with. Most felt that could and would mitigate the contentiousness that has surrounded this bill, especially regarding the proposed `one size fits all' language. Others felt that the `shock and awe' of the proposed language was just what we needed to come to the table. Definitions• DEVELOPER needs to be clarified because a homeowner is technically a developer. UNSTABLE SOILS is more correctly `unconsolidated soil' or `highly erodable' soils. CHANNEL is defined elsewhere as `two sides and a bottom' rather than just the bottom. FLYWAYS would be clearer without the word "migratory," may be overreaching and is not a FEMA definition. GREENBELT/GREENWAY -suggest `along' (which means something else to another department) be changed to `in and adjacent.' WATERSHED definition is not from FEMA; exists together with Floodplain and needs to be clazified. Data collected in Chapter 27 could become part of/foundation for watershed for Hawaii, but it's not possible yet. PARHING LOT County Council needs long-range tough standards regarding flooding Hydrology seminar was offered by Steve Herbert and received well 4 OVERALL OBSERVATIONS cS[ AGENDA The meeting continued with the June 22 agenda and was as interactive and informative as the first. Fewer participants and the setting at the Naniloa contributed to a more casual and easy tone. Discussions back and forth between participants and Councilmember Ford continued as in the earlier meeting, but the group wanted to change the format and go back to the one-way input in the interest of time. We did complete Draft 5, and the format closed out with general feedback and opinions about the bill's revolution and suggestions on how to work together better in the future. It appeared to this facilitator that everyone felt heard and had the input they wanted, albeit in perhaps a little shorter timeframe than they would have liked. It was agreed that any other agenda items should be scheduled later with appropriate participants: ? making chapter assignments- ? discussion about the Hokukano, Waiaha and Waiakea House Lots situations and ? a comprehensive discussion about the economic and other impacts. A few participants were late joining and some left for a time and returned. After adjournment, more than half of the participants stayed to continue discussions until after the facilitation team had broken down and left. Some remarked to each other that they had heard laughter during this meeting and not at the earlier meeting. RECORDING NOTES This summary was extracted from the recorders notes rather than transcribed so the reader can better understand the tone as well as the issues of the participants. The recording notes will be returned to you and can be transcribed verbatim if desired. QUESTIONNAIRES Questionnaires have not yet been compiled. 13 of the possible 23 were turned in to the facilitator. The specifics will be summarized and coordinated with the recorder's notes. Anyone who still has a questionnaire can be included if received right away. Some may feel that the notes and what Council Member Ford recorded were sufficient input. rr os Harry Kim ~ • Bruce C. McClure Mayor Director ~•W N~'+ Jiro A. Sumada G. Deputy Director nun#~ ~~~ttfutti t DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauehi Street, Suite 7 ~ Hilo, Hawaii 9fi720-4224 (808) 961-8321 • Fax (808) 961-8630 www.co.hawaii.hi.us June 15, 2007 Aloha and Mahalo for agreeing to contribute your insight and time toward crafting a County ordinance on flood plain management and on policy issues that go beyond meeting the minimum requirements for the National Flood Insurance Program. Enclosed are ground rules for the meeting, the proposed Draft 5 and a memo prepared by Levi Hookano, legal specialist for the Hawaii County Council. The memo is about the Sunshine Law and issues raised by the upcoming June 22 meeting on Bill 51. Please review each document carefully, In order to bring forth a meaningful meeting on June 22, please forward your comments or questions to me by June 20 on the proposed Draft 5. My a-mail is bmcclureC~co.hawaii.hi.us. They will be circulated in advance to other members of the Task Force and also to the facilitators. Questions about the Sunshine Law and issues should be directed to Council Chair Pete Hoffmann by a-mail at phoffmannCu~co.hawaii.hi.us As questions arise, please call me at 961-8321 or Council Chair Pete Hoffmann at 887-2043. ~ Mahalo for your time. ,~-..~~P - - - Bruce C. McClure, P.E. Director Attachments: Agenda proposed Draft 5 Memo about Sunshine Law County of Hawaii is an Equal Opportunity Provider and Employer. ,y~t't-?r N V~ l;. •~p Harry Kim Bruce C. McClure Moyor Director •ir•: e•• r~ a.N~,t Jiro A. Sumada County of Hawaii °e'°"°'YeCOY DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street, Suite 7 ~ Hilo, Hawaii 967204224 (808)961-8321~Fax (808)961-8630 www.co.hawaii.hi.us Agenda Re: Bill 51 Friday, June 22, 2007 Hilo -12 noon to 6 p.m. Council Chambers (Ben Franklin Building) Address: 333 Kilauea Ave Suite 209 Meeting Facilitated by Catherine 8 Jocelyn Individuals Who Confirmed Attendance are: • Chuck Flaherty, Hokuli'a Plaintiff • Jack Kelly, Hokuli'a Plaintiff • Curtis Tyler, citizen • Brian Kajikawa, division chief of Building • Galen Kuba, division chief for Engineering • Bruce McClure, Director of Public Works • Council Chair Hoffmann • Council Member Ford • Corp Counsel • Brad Kurokawa, Deputy Director of Planning • Waiaha Citizens for Drainage Representative • Jacqui Hoover, Hawaii Leeward Planning Conference (HLPC) • Ken Melrose, HLPC • Katina Hanson, NCRS • Dudley Kuba, NCRS • Steve Herbert, Hawaii Society of Professional Engineers • Greg Hendrickson • Fred Cowell • Hiram Rivera, E.M. Rivera & Sons Inc. • Terry Dunlap, representing the AIA Updated618 County of Hawai `i is an Equal Opportunity Provider and Employer. Items for Discussion Call to Order: 7. Background (brief description of Bill 51, etc.) a. Confirm concerns and desired outcomes (i.e., what are we trying to fix?) b. Provide general overview on issues to ensure agreement on framework for subsequent discussion i.e. 100-yr flood definition, distinction between flood management, storm water management -volume, water quality 2. Discuss specific issues a. How do we direct further development? b. How do we deal with existing situations? 1. Old roads and off site areas such as Hokukano, Waiakea House lots and Waiaha should be treated separately. 3. Potential solutions a. Is the language technically sound b. Comprehensive discussion of economic and other impacts c. Identify appropriate chapters (5, 10, 23, 25, 27) 4. Corp Counsel-Consequence of a Flawed law. 5. Proposed Draft 5, as a Floor Amendment Attachments: Proposed Draft 5 Ground rules for the meeting Interpretation of the Sunshine Law • 26 June -Meeting optional and only if additional time is needed County of Hawaii is an Equal OpportuniTy Provider and Employer. vv or y COUNTY OF HAWAII STATE OF HAWAII ?'r~ a;M~'M BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 27, FLOOD CONTROL, HAWAII COUNTY CODE 1983 (2005 EDITION), AS AMENDED, RELATING TO STORMWATER MANAGEMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this ordinance is to revise Chapter 27 to comply with current National Flood Insurance Program regulations found in the Code of Federal Regulations, Title 44, Parts 59 through 79; establish drainage improvement standards to control stormwater quality and runoff qualities generated by developments; establish requirements for structures that suffer repetitive losses due to flooding; clarify and restrict substantial improvements; and correct various inconsistencies found in the chapter. SECTION 2. Chapter 27, Hawaii County Code 1983 (2005 edition), is amended, by amending the title to 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 [z' z'"^~14`, ~n ,nn ] 46-1.5(51, 46- 1.5 14 46-11, 46-11.5 and 46-12 conferred upon the various counties the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Section 27-3. Purpose. 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 minimizingprope dams eg 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 the 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 azeas of special flood hazard; (f) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard [setts] to minimize future flood blight areas; (g) To assist in notifying potential buyers that property is in an area of special flood hazard; [and] (h) To ensure that those who occupy areas of special flood hazard assume responsibility for their actions]:]i (i) To use current best mane eg ment practices for the infiltration approach to floodplain management; to imitate and preserve the natural hydrologic cycle: to move flood water more slowly by reducing the speed, volume, and pollutant load over permeable surfaces (soil, lava, grasslands, shallow retention basins, soil depressions, and through forests), to allow the flood water to percolate into the ground within areas where the rainfall on ig Wally occurs[:] (j) To use floodplain management as an island-wide component of resource management with the objectives of improved water quality, erosion control, floodwater management, endan eg red species and habitat conservation and enhancement[.] (k) To increase public safety by adding freeboard to base flood elevations[.] (1) To create and maintain accessibility of records and to assist research, pertaining to flooding, floodplains, and historic ditches, including but not limited to applicable permits, watershed maps, floodplain maps, FEMA floodplain elevation information, floodproofing certificates for all new and substantially improved construction in Special Flood Hazard Areas, and env other information associated with floodplain management; (m) To promote a regional watershed-based approach as acost-effective means of floodplain management[:]i 2 (n) To require that when any re-location of a watercourse or historic ditch takes place that it be engineered to be capable of carrying the water from at least the 100-vear storm event[.] (ol To provide rules and practices for floodplain management, and fines for violations of such rules and practices, in order to minimize flooding[:]i {p) To maintain and re-establish forest areas to maintain and refill aquifers through percolation to minimize floodin¢ and erosion through natural methods, and to protect endangered species and their habitats as part of our natural heritage as well as for their scientific significance[:], (q) To protect historic structures; and (r) To preserve a portion of currently vacant floodplain as open space for parks, green belts, floodwavs, and habitat flyways for endan eg red species. Section 27-4. Scope and methods. In order to accomplish its purposes, this chapter includes methods and provisions [feF] to: (a) Restrict[iog] 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, [s~Fream-eha~els] watercourses, 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; [aud] (e) Prevent[ing] or regulate[li»g] the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas (f? Develop a program to map watersheds and their associated watercourses to promote effective floodplain management, and to assist in mitigation of flooding[.], fig) Require appropriate vegetative cover in high rainfall, sediment, and debris producin¢ areas to reduce surface run-off in the watershed, decrease the risk of watercourse obstruction, and reduce ocean pollution[:]i (h) Maintain, re-establish, and preserve forest cover in mauka areas to improve the capacity of the ground to absorb heave rainfall, and to recharge aquifers[:]; 3 (i) Establish and maintain floodplains as open space, parks, greenways, and endangered species habitat and flyways[:]; and (jZ Require that all new subdivisions and developments, regardless of the Flood Zone, provide for stormwater runoff detention to at least the 100-vear-storm event on that property or parcel, for later release at a restricted rate after the storm subsides: (k1 Develop maps of watersheds, watercourses, including historic ditches, and identify areas of steeper slopes, unstable soils, and approximate headwater(s) of a floodplain• (q Develop floodplain regulations that would protect the public health and safety, and for all new structures and critical facilities (except agricultural barns and shedsl: (1) prevent residences from being surrounded by moving water during floods: (2) provide safe access to new residences by emergencv vehicles and emergencv personnel; (3) enable provision of disaster relief services: (4) prohibit one property owner from increasing flood damage to his or her neighbors or to the community in general; (5) prohibit Tilling or building on fill in the floodplain for all new buildings, and require that new buildings shall be elevated on columns or have flow-through crawl spaces• (6) idendfy areas of steeper slopes, unstable soils, and/or alluvial fans, and require developers to prepare hazard studies to reduce risk of flooding; (7) increase public safety by adding freeboard of at least one foot to base flood elevations BFE); (8) require full disclosure to any prospective or interested parties of the floodplain zone or hazard in which a property is located; and (9) prohibit new critical public facilities from being built in a floodplain unless the structure is constructed with freeboard, elevation above the 500-vear floodplain, and has elevated access ramps. 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- Admimstratinn- in-a-scientific- and- engineering report entitled "Flood Insurance Study," dated ' z, ' Apri12, 2004, with accompanying Flood Insurance Rate Maps and all [subsequent] future changes, revisions and amendments[;] to these documents, and shall apply to all areas outside the identified special flood hazard areas encompassing and adjacent to a river, stream, stormwater channel, outfall area, or other inland water or drainage facility determined by the 4 duector of public works to be subject to flood hazazds(:] , or zones of unstudied, moderate or minimal areas of flood hazard. 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 A99. The zones of unstudied, moderate, or minimal areas flood hazard are: (I) Moderate or minimal flood hazard - Zone X (shaded) or Zone X (not shaded) (2) Unstudied areas where flood hazards are possible -Zone D (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) [ ]Non-fenced, non-elevated outdoor swimming pools. - (5) Signs [~43is13] that aze 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 '~;-1n°^,] Anril2, 2004, alone with all subseouent revisions and amendments and the Flood Insurance Rate Maps, dated April 2, 2004, May 16, 1994, July 16, -1990, and September 16, 1988, and all future changes, revisions, and amendments to these documents aze hereby adopted and declared to be a part of this chapter. [Tw:~ r .............e c....~., ....a .,..e..a........ _ c-k+apte~] The Flood Insurance Study and Flood Insurance Rate Maps, [as-a~ende~] and all future changes, revisions, and amendments to these documents, aze on file at the 5 Aupuni Center, Department of Public Works, 101 Pauahi Street, [Deem] Suite 7, Hilo, Hawaii 96720. T1.,.1..T... lL loon ....a...,.a Dl,.,.a T...,...,...,.~ ch..,l.. ~rol.n...,.,el.. n1LO>~ n'I]aT1 > > ^n'''m''„„LTl ...1 Tn.,.. T..,7,.., ....1 h..«.,1... n.l....hu.i .,...1 .lo..l~.o.i h.. ho ~ .,.,«r .,f_hl•:.. °~P~°~ /1\ Tl... Tn.... 1L loon L'1,.,.,] T......«..«..e Ch...7.. ..h„11 ....10...o..h hho T..1.. 1 L i non L'1....A T......«,...,.o ch..,l.. CL\ Tl.e L'TD~n n1LOL'' n'11211 .....7 nn')LTl ..1..,11 «e..l...,e hhe >:1Dxn «....,.1.. M Loll n'11 2!'' ..«A nnZL!' « e..h:..el.. e e /Z\ Th,. 1. n,.., 1 L 1 non nn„« T.,Ae., ...,..ol ~h.,ll .o..l ~..o the T„h, 16 1 nOn C° e e /1.\ Th.. T....,. 1 lnn[ ....A..tr,A D1,...A T«~,....«..e Ch.. A.. L'TD I.n D.,..ol.. nOZLR e e E~ /1\ The T..«e 7 Inn[ L'1....A T«.........,... Ch.. A.. ..1...11 ....l e... e..h hhe Tn.... e 1 L 1 non ..«A T..1.. 1 L 1 non L'1,.,.A T.. ~..«..«..e Ch..A:e.. > > Th„ rronn ......el.. nmL>; ,..,,1 nn~~n ~h„11 .o..l.,..o hho T;rol.n ...,.,ot~ tz nm Lll ....a nm~r ,.,.h:..,,t., /Z\ Tl... T..«,. 7 1 nnC Tn..« T«.1,.., ....«..1 ..h..ll «e..l..,.e hhe Tn.... 1 L 1 non Tn..« r e Tom] 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 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, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. In the event of a conflict between this chapter and the National Flood Insurance Program and Related Regulations (NFIP), as amended, the [l'IFII?] more restrictive provision will govern. SECTION 7. Chapter 27, article 2, section 27-12, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-12. Definitions. 6 [(a)] 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. [(~l~] "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. {(3)] "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; where a clearly defined channel does not exist; where the path of flooding is unpredictable and indeterminate; and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Backfill" means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving [€Ieed-water] 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 [egealled} e ualed or exceeded in any given year (also called the "one-hundred-year flood"). {{6j] "Base flood elevation" means the water surface elevation of the base flood. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. [(S)] "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 building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carved by [flsed-water] 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 [registered] 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. "Channel" means the bottom or bed of a watercourse or the deepest part of a watercourse. [(4)] "Coastal high hazard area" -See "Zone V" and "Zone VE." "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. 7 [(-1-fj] "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Drainage facility" -See "Watercourse." [(~3~] "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures3 or development into a floodplain which may impede or alter the flow capacity of a floodplain. [(~4j] "Existing manufactured home pazk or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of ufilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before May 5, 1982. [(-)-3~] "Fill" is the placement of fill material at a specified location to bring the ground surface up to a desired elevation. [(-1$}] "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. [(-1~}] "Flood, flooding, or [#Ieed-wateF] floodwater" means; (A) a general and temporary condition of partial or complete inundation of normally dry land areas 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 peragrap'• within this definition and are akin to a river of water on the surfaces of normally dry land areas, as when earth is carved by a current of water and deposited along the path of the current; and (B) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cvclical 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. [(~Sj] "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. [(I-9j] "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, determination and flood-related erosion hazards. 8 [(~9j] "Flood Insurance Rate 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. [(~-I)] "Flood Inswance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Inswance Rate Map, and the water swface elevation of the base flood. "Floodplain or flood-prone azea" means any land azea susceptible to being inundated by water Iwhich includes the entire Island of Hawai`il from any sowce (see definition of "flooding"). [(~3j] "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. [(~4j] "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. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, and special purpose ordinances[.] such as a floodplain ordinance, ¢radina ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in anv combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Flood protection system" means those physical structwal 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 bamers, dams, reservoirs, levees, or dikes. These specialized flood modifying works aze those constructed to conform with sound engineering standazds. "Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structwes, and their contents. [(~8~] "Floodway" or.."regulatory floodway" means the channel of a river or other watercowse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation [+nsee-~Hait ene-feet]. [(~9)] "Floodway fringe" is the areas of a floodplain on either side of the designated floodway where encroachment may be permitted. "Flvwav" means the route followed by migratory birds, insects, and bats. For anv given species, there may be differences in distance traveled, time-of-day or season 9 for the start of mieration, speed of flight, elevation of the breedine, feedine, or winterine grounds, and other factors. Flvway routes may follow topoeraphical features, such as: coastlines, mountains, craters, valleys, specific trees or other veeetation, and watercourses. [(-3A~] "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 anv structure(s) and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property and anv structure(s), unaware that it is subject to potential flood damage, and the structure(s) can be insured only at very high flood insurance rates. [(3~] "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. "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, port facilities that are necessary for the loading and unloading of cargo or passengers, and [skip--l~tlding} shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [(33)] "General floodplain" -See "Zone A." "Greenbelt and ereenway" means a linear, open space or natural area alone a watercourse used to connect people with parklands, natural or historic sites, and enhance and protect recreational opportunities, natural habitat and scenic areas, protect water quality, filter sediments and other pollutants, prevent erosion, establish corridors for wildlife, and attract native species. [(34~] "Hardship" as related to article 5, variances, of this chapter means the hardship 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 parcel to a different use than originally intended, or to build elsewhere. "Headwater(s)" means the water or source from which an identifiable watercourse or historic ditch beeins. 10 [(33~] "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [E36)] "Historic structure" means any structure that is: (A) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (B) certified or preliminazily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district areliminarily determined by the Secretary to qualify as a registered historic district; (C) individually listed on a State of Hawaii inventory of historic places[;] where the historic preservation proeram has been approved by the Secretayv of the Interior; or (D) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved State program as determined by the Secretary of the Interior, or (ii) directly by the Secretary of the Interior in states ];viHt] without approved programs. [(3 ~j] "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 [seats] to provide protection from temporary flooding. [f38~] "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. [(39j] "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 not built [so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. [(49)] "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" includes a "mobile home" but does not include a "recreational vehicle." [(4I-)] "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: 11 (A) Independent appraisals by a professional appraiser[.-] licensed by the State. f/T]\ Tlea..:1..A ,.F al,,, ...-.,,.a.._.,>.. ..,......1 ,.....1, ....1..., /.....,,7 ..:..1.1., ~ Property appraisals used for tax assessment purposes[.-] by the County deuartment of finance, real property tax office. ICl The value of buildings taken from National Flood Insurance Program claims data['~~°°a •~~l". This value shall be used as a screenine tool to identify those structures where the substantial improvement ratio is less than forty percent or ereater than sixtypercent. [ al.., t,.,...1 l,..a a:..,. a,.«....a«.,.«a 1.....,1 c.,.ae a,... ,.cr.,.,, n.. screening-teals to ide~tifir~,ase -•.,•,.a...e.. .,.l,e_e al.e ....1..,....,.:.,1 C •e f ....L,.a ....1,... ,,..a:..... a......L.....lA 1.......,.A,] [(43j] "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. [(-0-0~] "Minimum necessary" related to article 5, variances, of this chapter means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this chapter. In the case of variances to an elevation requirement, this means the director of public works need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the director of public works believes will both provide relief and preserve the integrity of this chapter. [(43j] "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, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 5, 1982. "Non-elevation design requirement" means that the lowest floor is not uroaerly elevated. [(4~] "Obstruction" includes but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, 12 its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream. [(48)] "One-hundred-year flood" means a flood which has a one percent annual probability of being [eE}ualed} equaled or exceeded. It is identical to the "base flood." [(-0-9)] "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. [(38)] "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward 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. [(3-]-j] "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: (al built on a single chassis: (b) 400 square feet or less when measured at the largest horizontal proiection; (c) desiened to be self-propelled or permanently towable by a lieht duty truck: and (d desi ned primarily not for use as a permanent dwelline but as temporary livine quarters for recreational, camping, travel, or seasonal use. [(3~] "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation [ "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 damage to the building, on the averaee. equaled or exceeded twenty-five percent of its market value at the time of each flood. [(3-3)] "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. [(33)] "Sheet flow area" -See "area of shallow flooding." [(36)] "Special flood hazard area" means an area having special flood[, -°°-',,,oo,,:;o~:=~ 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~j] "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred-eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a 13 manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main stmcture. 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. [(3S)] "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [(39)] "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. [(kAj] "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, engineer, or architect licensed by the State, and which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement which shall be the sum of all costs of all such work performed in the previous [t#ee] ten years including the cost of the current work being considered. 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, 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; or (B) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." [(§I~] "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 regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance with this chapter is presumed to be in violation until such time as that documentation is provided. [(§2j] "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 14 [(g3~] "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 hydrolo ig c 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 drinkine water, are essential to a healthy ecoloev for plants and animals. provide recreation and respite, and sustain life. [(64j] "Zone A" is the special flood hazard area that corresponds to the one-hundred- year floodplains that 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 at selected intervals within this 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. [(~j] "Zone AO" is the 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. [(k8)] "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. "Zone D" is the other areas that corresaond to unstudied areas where flood hazards are undetermined, but possible. "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. [(~9j] "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. 15 "Zone X shaded " a°°~°°°•~°« "°°a] are areas ofj-(:4)] moderate flood hazard corresponding to areas of the five-hundred-year floodplain, areas of one-hundred-year flooding where average depths are less than one foot, azeas of one- hundred-year flooding where the contributing drainage area is less than one square mile, and areas protected from the one-hundred-year flood by levees[; ~n` Flea "Zone X (not shaded)" are areas of minimal flood hazard correspondine to azeas outside of the five-hundred-year floodplain. Base flood elevations or depths have not been determined for Zone X. r•''~"~et~~is-t,'~,e-ether-areas~l?: t-eeerispc~;.~t~:nstudied-areas~vnexe-~Q SECTION 8. Chapter 27, article 3, section 27-14, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-14. Director of public works approval. No building permit, certificate of occupancy, or grading permit shall be issued, no building shall be occupied, and no development or subdivision shall be approved without the approval of the director of public works with respect to compliance with the provisions of this chapter. SECTION 9. Chapter 27, article 3, 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(sl shall include, but not be limited to: (a) Permit review. (1) All building permits, certificates of occupancy, grading permits, and development or subdivision proposals shall be reviewed to determine whether the requirements of this chapter have been satisfied; (2) All other development permits referred by other governmental departments and agencies shall be reviewed for consistency with the requirements of this chapter; (3) All permits and proposals shall be reviewed to determine that site is reasonably safe from flooding[;-and] and require in flood-prone areas that all new construction, improvements to repetitive loss structures and substantial improvements (including manufactured homes) shall be: u Desiened and adequately anchored to prevent flotation, collapse, or lateral movement l~ Constructed offlood-resistant materials; 16 Constructed by methods and practices that minimize flood damage; and ~D Constructed with electrical. heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (4) All permits shall be reviewed to determine that the proposed development raven ..,....a..,._.,,a.. rr .w ..c .._,........w,._.. a,.,.a ~'91-~3BSd5~3iS--Ghv^ptdr, "a~'Yo°FSBl~-i~a ooiS" f3~o33S '~ms•ft138 ] when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood at any point[:] Obtain copies of all State and/or Federal permits that are required in association with individual Department of Public Works (DPW) permit applications before granting any permit. Failure of the applicant to provide copies of such State and/or Federal permits shall result in denial and/or revocation of applicant's DPW's permit(s). (b) Information to be maintained. (1) The Flood Insurance Study and Flood Insurance Rate Maps for the County of Hawai `i; (2) The certification of lowest floor elevation; (3) The certification of floodproofing for spaces below the base flood elevation; (4) The certification of final pad elevation where a site is filled above the base flood elevation; (5) The certification that an encroachment in the floodway will not result in any increase in flood levels during base flood dischazge; and (6) The certification of elevation and structural support for structures in the coastal high hazard area. (7) Maintain copies of all State and/or Federal permits that are required in association with Department of Public Works' (DPW) individual permit application and file by TMK(s). Additionally. DPW shall: 1a) use adequate internal controls to safeguard and preserve the functional integrity of the applicant's file. (b) copy all State and/or Federal permits within an original file of the Tax Map Key (TMK) and maintain those copies with any subsequent TMKs' file(s) if the original TMK is subdivided. (c) Interpretation of maps. The director of public works shall make interpretations where needed, as to the exact location of the boundaries of the azeas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). A person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation 17 as provided in article 5.). The director of public works, the floodplain administrator, or designated 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 agent. Change in base flood elevations. Whenever base flood elevations increase or decrease as a result of physical changes affecting flooding conditions, as soon as practical, but no later than six months after the date such information becomes available, the floodplain administrator shall notify the Federal Insurance Administration of the changes by submitting technical or scientific data through the Letter of Map Revision process. Such a submission is necessary so that upon confirmation of those physical changes 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. [(ej] (fit 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 [ts-t~ait~teined; ] be maintained at or improved to at least a minimum of the base flood. (2) Notify the State of Hawaii department of land and natural resources (commission on water resource mana eg ment) and all adjacent property owners and all downhill property owners within 2000 feet or three tax map key parcels 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. [(1=)] j,,,)g Take action to remedy violations of this chapter as specified in article 6. (h) Develop a plan for each floodplain and historic ditch that includes a designated, unobstructed watercourse to carry water from the headwaters to the ocean. Each plan shall: (1) Map the floodplain or historic ditch to its highest known elevation based on local knowledge, Federal Insurance Rate Maps (as amended), flood studies, or any other method acceptable to the Floodplain Administrator; (2) Designate a watercourse that moves water downhill as safely as possible, and to include but not limited to: reducing velocity, debris, sediment, etc.• (3) Protect the headwaters' forest and stream systems; 18 (4) Include a minimum carrying capacity for at least cone-hundred-year storm event (base flood); (5) Control encroachment by development within the designated watercourse to those developments that shall not impede the flow of the base flood, create a safety hazard for downhill residences or businesses, or pollute the ocean: (6) Require that any relocation of a watercourse within the floodplain or histor_c_ditch plan area to meet the minimum requirements for water- carrvingcapacity of the base flood: and (7) Slows the velocity of the water, and allows for percolation of water into the aquifer by use of sound engineering standards. SECTION 10. Chapter 27, article 4, section 27-17, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-17. Certification standards. Pre-construction and post-construction certification of elevation and floodproofing of new construction, improvements to repetitive loss structures. development, and substantial improvements within areas of special flood hazards shall be submitted to the director of public works and shall be maintained as a matter of public record. (a) Pre-construction certification. Requirements for approval of the building permit shall include the following items, as applicable, and any additional items as required by the director of public works to promote public welfare and safety: (1) Certification of building plans. Each set of building plans shall be certified by a structural engineer or architect, currently [registered] licensed in the State of Hawaii, to be in compliance with the requirements of this chapter. (2) Elevation certification on building plans. The elevation of the lowest floor shall be certified on each set of the building plans by a civil engineer or land surveyor currently [registered] licensed in the State of Hawaii. (3) 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 [registered] 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 Certific~"~'orin, as amended, shall be completed and certified by an engineer or architect currently [registered] licensed in the State of Hawaii and 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 19 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 architect 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. (1) New construction, improvements to repetitive loss structures. and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction, improvements to repetitive loss structures, and substantial improvement shall be constructed using methods and practices that minimize flood damage. (3) New construction, improvements to repetitive loss stmctures. and substantial improvement shall be designed and constructed with electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities including, but not limited to, furnaces, heat pumps, hot water heaters, washers, dryers, elevator lift equipment, electrical junction boxes, circuit breaker boxes, and food freezers that are located above the base flood elevation. 20 (4) Within Zones V and VE, new construction, improvements to repetitive loss structures, and substantial improvements shall comply with the standards of section 27-23. Recreational vehicle laced 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 eiehty consecutive davs or be fully licensed and hiehwav readv. (c) Filling. (1) Within a floodway, [€}Iling] encroachments (includine filll, new construction, improvements to repetitive loss structures, substantial improvements, and other developments, 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 flood elevations during the occurrence of the base flood discharge. Require, until a reeulatory floodway is desienated, that no new construction, improvements to repetitive loss structures, substantial improvements, or other development (including filll, shall be permitted within Zones AE on the FIRM, unless demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point. ~ Within all zones of special flood hazards, bui 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 flood elevations during the occurrence of the base flood discharge. ~ 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 stmctural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. [(4)] ~ In Zones V and VE, filling and the use of fill material for structural support of buildings shall be prohibited. 6 Withut areas where the r~ ade of the natural elevation of the ~rotmd_ surface prior 'to consh'uction exceeds ten percent. filling_ rading, and other development which ma~creasc flooding or erosion hazards shall be prohibited unless a professional civil engineer licensed in the State of i-Iawai`i certifies that the development will contain its own rruloff and not irtcrcase flooding or erosion in other areas. Creation of impetmeable surfaces on such slog areas wilt be limited to uo more than forty pcrcont of the total land arc,a of any lot or proposed new subdivision. .Any measures to be implemented in order to prevent or decrease nm-oft" 21 or erosion shall be clearly shown or described on the erad~inn or infrastructure caa~shvction 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 [ems-aloe) the base flood elevation plus a freeboard of at least one foot. (B) For nonresidential new construction, improvements to repetitive loss structures, and substantial improvements: The lowest floor shall be elevated or floodproofed to [er} the base flood elevation plus a freeboard of at least one foot. If the lowest floor is below the base flood elevation, then the structure together with attendant utility and sanitary facilities shall be designed, [and] constructed, and certified by a licensed professional engineer or architect such that: (i) The structure is watertight below the base 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) 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 ["~twa-~ter~] floodwaters around and away from proposed structures. Fully enclosed areas below the lowest floor that are useable solely for parkine of vehicles, building access, or stora eg in an area other than a basement and which are subiect to flooding, shall be designed to automatically equalize hvdrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed nrofessional engineer or architect or meet or exceed the following criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. Each opening must be on different sides of the enclosed area. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped 22 with screens, louvers, valves, or other coverines or devices nrovided that thev permit the automatic entry and exist of floodwaters. (2) Within Zone AO: (A) For [new] residential new construction, improvements to r~etitive loss structures, and substantial improvements: The lowest floor shall be elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM alas a freeboard of at least one foot, or at least [t~ve} three feet if no depth number is specified. (B) For nonresidential new construction, improvements to r~etitive loss structures, and substantial improvements: The lowest floor shall be elevated or floodproofed above the hi hg est adjacent erade at least as hieh as the depth number specified in feet on the FIRM plus a freeboard of at least one foot, or at least [twe] three feet if no depth number is specified. If the lowest floor is below the elevation referenced in subsection 27-18(d)(2)(A), then the structure together with attendant utility and sanitary facilities, shall be designed, [end] constructed and certified by a licensed nrofessional eneineer 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, imnrovements to renetitive loss structures, and substantial improvement shall be required to provide adequate drainage paths aoound structures on slopes to guide floodwaters around and away from proposed structures. (3) Within Zones V and VE: New construction, improvements to repetitive loss structures, and substantial improvement shall comply with the standards of section 27-23. (4) Within Zone A: New construction, imnrovements to renetitive loss structures and substantial improvement shall comply with the standazds of section 27-24. (5) Within Zones D and X: New construction, imnrovements to repetitive loss structures, and substantial improvement shall comply with the standards of section 27-24. 23 (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 12. 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: (1) Be consistent with the need to minimize flood damage; (2) Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage; and (3) Have adequate drainage provided to reduce exposure to flood damage. (4) Construct all buildinQS with a freeboard of 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 [n3ay} 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 {iv~itkirr} for each of the lots. (d) [;.'h;,a.t,. ~....a«,.,:« ,,,,.«:«:..a..,.a,.. t..,. ,,e..:,.«„a,.a ,.r..«,.,,:,., t...,.._a.. A e..\ t., ato «..tl:,... a:,.« ,.r «:a..~.. DIIDTn CiDTA t,.a t.... «..:at..- A,,,.,.A a,... ......C....e el e.,..ti,.« n..a„ «,.«:n,.«A F„n A,.,.A...... ~,.-,,......a..l t:..t I" e e e [~"'Z-~I~eV-iBV,'=prvp65ed-dCi`el0piroin6imssoviC~1•••• •xim -sii•aooc~v$i~Binriiaiai'c «,.a t.. r,.a....,.i w.. a.. t..«. :«a..a:«......,.a:,.« nnn ,.rat,, c,.a,.....i u l.. a.._ D,.n.,a:,.« r~,.«._,.i n,.. n..,.,,.«a..,.,,.«a,. ,.rin~~ z~ rT c ~ i~~n. . , ~3~-I~BgU}f2-tt..a ..tom«,,,.. s>~bd:~iste~}Pr°Pesal ~.~'a'°-°`nery3r°P°ser} ao..ot.««..,«a.. « o...o_ .t,.« ,.:.t„_ r. a. t.... r. :«a.,a,, t..,.,. Subdivisions and other developments within areas desienated as Zone A or General flood plain zone shall comply with the following Obtain all required permits, toeether 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 copies to the department of public works, which shall keep electronic conies of all permits associated with the protect. 24 L2) For all proposed developments and/or subdivisions greater than either [ ]two lots or one acre. the developer and/or subdivider shall include base flood elevation data within their proposal. (3) Comply with the requirements of section 27-24. {e) Subdivisions and other developments within areas desienated as Zones D (unstudied) or X (moderate or minimal flood hazard) shall comply with the followine' (1) Obtain all required permits, toeether with those reeulated by other governmental agencies authorized by Federal or State law, includine 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 copies to the department of public works, which shall keep electronic cries of all permits associated with the project. (2) For all proposed developments and/or subdivisions greater than either f"""'°'` °°"°°l two lots or one acre, the developer and/or subdivider shall include base flood elevation data within their proposal. ff//~^\\ll (3) Comply with the requirements of section 27-24. rC~TI fI£~Ll :........A „1......,.. «1.....:~....['...... ......1.A :..:..:......L,...,, al... 1.,..... 47....A L >,e ..:,e Win:..,. ,,..a a,e r.....1 ..1......«:,... ,...N.. ~....:.....~..A ?1.,. Ca..,e ..F LL....., l (f) All developments requirin¢ a site drainage plan under section 25-2-72(31 (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- offcaused by the proposed development, within the site boundaries, up to the expected base flood 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 standards specify a ereater recurrence interval. The amount of expected runoff shall be calculated accordine to the Department of Public Works "Storm Drainage Standards." dated October 1970, or anv approved revision. or by anv nationally-recoenized method meeting with the approval of the director of public works. Runoff calculations shall include the effects of all improvements. 1{~}} (Q) Storm water shall be disposed into drvwells, infiltration basins, or other approved infiltration methods. The development shall not alter the eeneral drainage pattern above or below the development. SECTION 13. Chapter 27, article 4, section 27-22, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: 25 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 dischazge the base flood. Since the floodway is an extremely hazazdous area due to the velocity of 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 [registered] licensed professional engineer or architect demonstrating that the encroachment will not cause any increase in base flood elevations during the occurrence of the base flood discharge. (b) If an encroachment within a floodway is allowed under the conditions of paragraph 27-22(a), all new construction, improvements to repetitive loss structures, substantial improvement and other proposed new development shall comply with all applicable flood 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, gazden, 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 14. Chapter 27, article 4, section 27-23, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-23. Standards for coastal high hazard areas. Coastal high hazard 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 standards shall apply: (a) All new construction, improvements to repetitive loss structures, and substantial improvements in a coastal high hazard area shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage. (b) New construction, improvements to repetitive loss structures, and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor, excluding the pilings and columns, is elevated to jefahe~el at least the base flood [level] elevation with a freeboard of at least one foot. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. The wind and water loading values shall each have a one percent chance of being 26 equaled or exceeded in any given yeaz. (c) New construction, improvements to repetitive loss structures, and other development shall be located on the landwazd side of the reach of mean high tide. (d) New construction, improvements to repetitive loss structures, and substantial improvement shall have the enclosed space, if any, below the lowest floor free of obstructions and constructed with breakaway walls as defined in section 27-12. Such enclosed space shall not be used for human habitation and will be useable solely for 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 square 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: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given yeaz (one- hundred-yeazrnean recurrence interval). (e) Fill shall not be used for structural support of buildings. (f) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. (g) All new construction, improvements to repetitive loss structures, development, and substantial improvement within coastal high hazard azeas 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 eiehty consecutive days or be fully licensed and highway read SECTION 15. Chapter 27, article 4, section 27-24, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-24. Standards for genera? floodplain (A), unstudied (D), and moderate or minimal flood hazard areas (X). The general floodplain, identified as Zone A on the Flood Insurance Rate Maps, are 27 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. Zones D (unstudied), and X (moderate or minimal) are also areas of flood hazard. (a) Base flood elevations shall be determined Tor each subdivision or development application, and all structures shall have a freeboard of at least one foot above the approved base flood elevation. To determine base flood elevations and the locations of floodways within the general floodplain, or unstudied, moderate, or minimal flood hazard areas, 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) [ivsien] Development or subdivision proposals shall conform with the requirements of section 27-20. (c) The following information shall be provided by a permit applicant to the director of public works to evaluate the proposed construction or improvement site within a general floodplain 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. (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. SECTION 16. Chapter 27, article 4, section 27-25, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: 28 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) [~3ge~r-re""~] The director of public works, shall 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 [rert:] 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. SECTION 17. Chapter 27, article 4, section 27-26, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-26. Storm drainage standards. The department of public works, County of Hawai`i's "Storm Drainage 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 persona] 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 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 29 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 that must be met before a variance can be properly granted. The following criterion [criteria] are 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 to r~etitive 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: (1) A showing of good and sufficient cause. Under this [criteria] 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 hardship to the applicant or surrounding landowners. The unique characteristic must pertain to the land itself and not the structure, its inhabitants, or the property owner. Under this [e-~iterie] 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 variance 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 [s~ite~ia] criterion, the hardship that would result from failure to grant a requested variance must be exceptional, unusual, and peculiar to the property involved. Economic or financial 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 [er#eFia] criterion, for example, a member of a household is physically handicapped and wants a variance to build the dwelling at grade or at a lower level for access purposes. A variance should not be issued because the owner can construct a ramp or elevator to meet flood requirements. Elevation will allow the infirm or handicapped person to be evacuated in the early stage of flooding, and, if there is insufficient warning or help in evacuating that person, then, in all likelihood, he can survive the flood by simply remaining in the home safely above the levels of floodwaters (3) A determination that the variance is the "minimum necessary" (as defined in section 27-12), considering the flood hazard, to afford relief. Under this 30 [sr+teFia] criterion, the variance that is granted should be for the minimum deviation from the flood requirements that will still alleviate the hazdship. In the case of vaziance 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 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) Vaziances 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 swcture 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) Vaziances may be approved with conditions. Such conditions may include: (1) Modification of the construction or substantial improvement, including the sewer and water facilities. (2) Limitations on periods of use and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements for construction of channels, dikes, ditches, swales, levees, and other flood-protective measures. (5) Floodproofing measures designed consistent with the regulatory flood elevation, flood velocities, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. (6) Other conditions as may be required by the director of public works to promote public 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. 31 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 maybe 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 mazks on flood maps. (c) Flood study and drainage report in areas where a study and report have not been reviewed and accepted by the County of 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 that the property is located in a flood hazard area subject to flooding and flood damage; that a flood hazazd 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 vaziance and flooding of the property; and that upon approval of the variance, the covenants shall be fully executed and proof of recording with the bureau of conveyances shall be submitted to the director of public works prior to the issuance of a building permit. (g) Such other information as may be relevant and requested by the director of public works. SECTION 20. Chapter 27, article 5, section 27-3Q Hawai`i County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-30. Recording and reporting of variances. (a) Any applicant to whom a variance is granted shall be given written notice over the signature of the director of public works that: (1) The issuance of a variance to construct a structure at elevations below the base flood level will result in increased premium rates for flood insurance[;] un to amounts as high as $25 for $100 of insurance coverages (2) Such construction below the base flood level increases risks to life and property; and 32 (3) A copy of the notice shall be recorded with the State of Hawaii bureau of conveyances and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (b) A record of all variance actions, including justifications for issuance of any variance[;] and written notices. shall be maintained by the director of public works. A report of the variances issued shall be included in the biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. 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 [~7-3~] 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: (1) Correct the violation within the time specified in the order; (2) Pay a civil fine of not less than $500 and not more than $1,000 in the manner, at the place, and before the date specified in the order; (3) Pay a civil fine of not less than $500 per day and not more than $1,000 per day for each day that the violation persists, in the manner and at the time and place specified in the order. (c) The order shall become final thirty days from the date of service unless the party served requests a hearing under chapter 91, Hawaii Revised Statutes. If a hearing is requested, no fine shall be imposed except upon completion of the hearing. In determining the amount of the fine, the director of public works shall consider the seriousness of the violations, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the fine on the violator, and such other considerations that have a bearing on the amount of the fine. (d) The director of public works may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the director of public works need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed, and that the fine has not been paid. SECTION 22. Chapter 27, article 6, section 27-37, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: 33 Section 27-37. Removal of encroachment and/or obstruction notices. In addition to any other section, if any encroachment and/or obstruction exists, under, over or through any portion of a drainageway, floodway, levee system or watercourse within the County and the encroachment and/or obstruction is observed, or a complaint made to the department of public works of the County of Hawaii, then the department of public works shall investigate and forthwith, give notice to the owner to remove the encroachment and/or obstruction in the manner provided in this [seetietr.] article. SECTION 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 1st Reading: Date of 2nd Reading: Effective Date: 34 MEETING GROUND RULES We are asking everyone in attendance on June 22 and 26, 2007 to please agree to these simple ground rules. It will help the event be properly documented and enable us to move through our agenda. One person speaks at a time: Please take side conversations outside as microphones are on ? Respectful language at all times: No Stink! 2 minute time limit on comments ? Disagree with issues, not people ? Focus on solutions, not finger-pointing The facilitator and recorder are neutral They are here to help you reach your goals. Your cooperation with them is most appreciated. Mahalo for your kokua MEMORANDUM To: Casey Jarman, County Clerk Kenny Goodenow, Deputy County Clerk From: Levi Hookano, Legal Specialist Date: June 13, 2007 Re: Sunshine Law Issue -Council Members Hoffmann and Ford Meeting With Bruce McClure and Others This memorandum is in response to a request for information regarding the Sunshine Law and a meeting of two council members with a department head and community experts for the purpose of information gathering. Issue Presented 1. Whether under Hawaii Revised Statutes (hereinafter "HRS") Chapter 92, known as the "Sunshine Law," a meeting of two Council members with a department head and community experts, for the purpose of information gathering, is allowable. Brief Answer 1. Yes, nothing indicates that an information session, whose purpose is to provide information to two Council members, would not be permitted. The legislative history of HRS §92-2.5(a) as amended in 2005 indicates an intent to broaden the permissible acceptable interactions between two Council members. Some words of caution will be discussed infra. Discussion Policv of the "Sunshine Law" is to Provide for Open Government The purpose and policy behind the Sunshine Law is that the formation and conduct of public policy be as open as possible.' This includes the discussions, deliberations, decisions, and actions of governmental agencies.z According to HRS §92- 1, the provisions in the Sunshine Law requiring open meetings shall be liberally construed, and the provisions and exceptions for closed meetings shall be strictly construed against closed meetings. ~ See HRS §92-1. ~ Id. 1 Permitted Interactions and Exceptions The Office of Information Practices (hereinafter "OIP") interprets the Sunshine Law, in accordance with the HRS §92-2(3) definition of a meeting, as requiring "all discussions, deliberations, and decisions relating to a matter over which the board has supervision, control, jurisdiction, or advisory power to occur at an open meeting unless specifically exempted." 3 With that in mind, HRS §92-2.5 outlines permitted interactions of Council members. HRS §92-2.5(a) is most applicable to the present case. It states that "[t]wo members of a board may discuss between themselves matters relating to official board business to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought and the two members do not constitute a quorum of their board." According to HRS §92-5(b), "no chance meeting, permitted interaction, or electronic communication shall be used to circumvent the spirit or requirements of this part to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power." The Legislative History of the Sunshine Law Supports the Conclusion That an Information Session Between Two Council Members. the Director of Another Aeencv. and Invited Experts Falls Within the Scone of Permitted Interactions. Statutory interpretation of HRS §92-25(a) provides us with guidance as to the meaning of that section. The language of the statute itself is the first source of guidance, followed by its plain and obvious meaning.4 Where a statute is ambiguous a court of law may refer to the legislative history to interpret the statutes In the present case, the statute was amended in 2005 and the new wording leaves room for interpretation. When HRS §92 2.5(a) was first enacted in 1998, the wording of the provision was as follows: Two members of a board may communicate or interact privately between themselves to gather information from each other about official board matters to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought.b Then in 2005, the State Legislature amended HRS §92-25(a). The additions to the statute are underlined and the deletions have been struck through: 3 OIP Op. Ltr. No. 04-04 at 2. Hawaii Home Infusion Associates v. Befitel, 114 Hawaii 87, 157 P.3d 526, 530 (2007). 5 Id. b HRS §92-2.5(a) prior to 2005 amendment. 2 Two members of a board may [ ]discuss between themselves [ ]matters relatine to of£cial board [matters] business to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought[-] and the two members do not constitute a quorum of their board."~ The legislative history of HRS §92-2.5(a) indicates that the State Legislature removed the words "to gather information from each other" from the statute. (Emphasis added). Removal of this language indicates the intent of the legislature to broaden the source of information communicated between two board members. This would allow for Councilwoman Ford and Council Chair Hoffman to meet with Director Bruce McClure and others, since two members of the Council do not constitute a quorum, and the purpose of the session is to enable the Council members to perform their duties faithfully. Words of Caution While there are no provisions that are specifically contrary to the interpretation of HRS §92-2.5 provided above, the following words of caution are important to consider. 1. Do not use words indicating a willingness to vote for/against anything discussed. HRS §92-2.5(a) is very clear that there can be no commitment to a vote nor can such a commitment be asked of a Council member. Therefore, avoid indicating you favor certain suggestions, commenting that something "looks good to me," or anything similar that could be construed as a commitment to vote. It would be best to just keep this as an information session. Questions asking for clarification are okay and are encouraged. 2. Any and all communications made at the information session should be revealed at the next appropriate open meeting. To fully comply with the spirit of the Sunshine Law, it would be in the best interest of all involved to summarize what occurred at the information session at the next scheduled Council meeting. This would legally cure any violations that might have occurred. 3. Do not discuss the content of the information session with other Council members. An OIP opinion letter dated August 4, 2005 prohibits serial one-on- one communications between Council members. This means that where two Council members have discussed Council business between themselves, they may not discuss the same Council business with other Council members through a series of one-on-one discussions.8 The only place a discussion with other Council members may take place is during a properly noticed meeting. ~ HRS §92-2.5(a) as amended in 2005. s OIP Op. Ltr. No. OS-015 at 1. 3 Conclusions While it does appear that the convening of this informational session between Chair Hoffman, Council member Ford, Director McClure, and others is allowable under the Sunshine Law, it should be approached carefully and cautiously. It is important to remember to avoid any indication of committing to or soliciting a vote. Also, to conform to the "spirit" of the Sunshine Law, it would be wise to integrate the information gathered at this session into the next appropriate meeting on the matter. This will cover all the bases on conducting County business as openly as possible. Sincerely, /s/ Levi Hookano Levi Hookano Legal Specialist, Dept. of the County Clerk 4 vv or Harry Kim ' • Bruce C. McClure Mayor Direcor yir•~u •wi•? Jiro A. Sumada County of Hawaii Deputy Director DEPARTMENT OF PUBLIC WORKS Aupuni Center ]Ol Pauahi Street, Suite 7 ~ Hilo, Hawaii 96720-0224 (808) 961-8321 ~ Fax (808) 961-8630 www.co.hawaii.hi.us Agenda Re: Bill 51 Tuesday, June 26, 2007 Hilo - 12 noon to 6 p.m. Meeting Facilitated by Catherine & Jocelyn NANILOA HOTEL Please check at the Front Desk for the Room Individuals Attending: • Chuck Flaherty, Hokuli'a Plaintiff • Jack Kelly, Hokuli'a Plaintiff • Curtis Tyler, former Council member • Brian Kajikawa, division chief of Building • Galen Kuba, division chief for Engineering • Bruce McClure, Director of Public Works • Council Chair Pete Hoffmann • Council Member Ford • Brad Kurokawa, Deputy Director of Planning • Bert Onaka and David Edgar Waiaha Citizens for Drainage Representative • Jacqui Hoover, Hawaii Leeward Planning Conference (HLPC) • Ken Melrose, HLPC • Steve Herbert, Hawaii Society of Professional Engineers • Greg Hendrickson • Fred Cowell, Kona Soil and Water Conservation District • Hiram Rivera, E.M. Rivera & Sons Inc. for the Contractors Assn. • Terry Dunlap, representing the AIA • Ken Kaneshiro, Farm Bureau • Stephen Skipper, (NRCS -Natural Resources Conservation Services) • Don Thomas, (University of Hawaii, School of Ocean and Earth Science and Technology) Updated6.25 County of Hawaii is an Equal Opportunity Provider and Employer. Items for Discussion We will continue from where we left off Call to Order: 1. Background (brief description of Bill 51, etc.) a. Confirm concerns and desired outcomes (i.e., what are we trying to fix?) b. Provide general overview on issues to ensure agreement on framework for subsequent discussion i.e. 100-yr flood definition, distinction between flood management, storm water management -volume, water quality 2. Discuss specific issues a. How do we direct further development? b. How do we deal with existing situations? 1. Old roads and off site areas such as Hokukano, Waiakea House lots and Waiaha should be treated separately. 3. Potential solutions a. Is the language technically sound b. Comprehensive discussion of economic and other impacts c. Identify appropriate chapters (5, 10, 23, 25, 27) 4. Corp Counsel-Consequence of a Flawed taw. 5. Proposed Draft 5, as a Floor Amendment Attachments: Proposed Draft 5 Ground rules for the meeting Interpretation of the Sunshine Law June 22 Meeting Summarized County of Hawaii is an Equal Opportunity Provider and Employer. -,~?fit oI y~ COUNTY OF HAWAII 4~°• STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 27, FLOOD CONTROL, HAWAII COUNTY CODE 1983 (2005 EDITION), AS AMENDED, RELATING TO STORMWATER MANAGEMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION 1. The purpose of this ordinance is to revise Chapter 27 to comply with current National Flood Insurance Program regulations found in the Code of Federal Regulations, Title 44, Parts 59 through 79; establish drainage improvement standards to control stormwater quality and runoff qualities generated by developments; establish requirements for structures that suffer repetitive losses due to flooding; clarify and restrict substantial improvements; and correct various inconsistencies found in the chapter. SECTION 2. Chapter 27, Hawaii County Code 1983 (2005 edition), is amended, by amending the title to 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 [62'~^.'rn`, c' z^i'Q`, -,n ,nn] q6-1.5(51. 46- 1.5(141. 46-11, 46-11.5 and 46-12 conferred upon the various counties the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Section 27-3. Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfaze, 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_propertv dama eg 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 the 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 hazard; (f) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard [se-es] to minimize future flood blight areas; (g) To assist in notifying potential buyers that property is in an area of special flood hazard; [ate] (h) To ensure that those who occupy areas of special flood hazazd assume responsibility for their actions[:]i (i) To use current best management practices for the infiltration approach to floodplain management to imitate and preserve the natural hydrologic cycle; to move flood water more slowly by reducing the speed, volume, and pollutant load over permeable surfaces (soil, lava, grasslands, shallow retention basins, soil depressions, and through forestsl, to allow the flood water to percolate into the ground within areas where the rainfall orieinally occurs[:]1 (j) To use floodplain 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 public safety by adding freeboard to base flood elevations[:]y (1) To create and maintain accessibility of records and to assist research, pertaining to flooding, floodplains, and historic ditches, including but not limited to applicable permits, watershed maps, floodplain maps, FEMA floodplain elevation information, floodproofing certificates for all new and substantially improved construction in Special Flood Hazard Areas, and any other information associated with floodplain management; (m) To promote a regional watershed-based approach as acost-effective means of floodplain management[:]y 2 (n) To require that when any re-location of a watercourse or historic ditch takes place that it be engineered to be capable of carrvine the water from at least the 100-year storm event[:] (ol To provide rules and practices for floodplain manaaement, and fines for violations of such rules and practices, in order to minimize floodina[.]i (pl To maintain and re-establish forest azeas, to maintain and refill aquifers through percolation, to minimize flooding and erosion throueh natural methods, and to protect endangered species and their habitats as part of our natural heritage as well as for their scientific significance[:]3 (qI To protect historic structures; and (rI To preserve a portion of currently vacant floodplain as open space for pazks, green belts, floodwavs, and habitat flyways for endangered species. Section 27-4. Scope and methods. In order to accomplish its purposes, this chapter includes methods and provisions [far] to: (a) Restrict[ing] 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[ixg]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, [mss] watercourses, 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; [eu~] (e) Prevent[ing] or regulate[lir?g] the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other azeas (f) Develop a program to map watersheds and their associated watercourses to promote effective floodplain manaaement, and to assist in mitigation of flooding[:], (gl Require appropriate vegetative cover in high rainfall, sediment, and debris producine areas to reduce surface run-off in the watershed, decrease the risk of watercourse obstruction, and reduce ocean pollution[:]; (h) Maintain, re-establish, and preserve forest cover in mauka areas to improve the capacity of the ground to absorb heave rainfall, and to recharge aquifers[:]i 3 (i) Establish and maintain floodplains as open space, parks, greenways, and endangered species habitat and flyways[.];, and Require that all new subdivisions and developments, regardless of the Fload Zone, provide for stormwater runoff detention to at least the 100-year-storm event on that property or parcel, for later release at a restricted rate after the storm subsides: (k) Develop maps of watersheds, watercourses, including historic ditches, and identifv areas _ of _steeper slopes, unstable soils, and approximate headwater(s) of a floodplain; (I) Develop floodplain regulations that would protect the public health and safety, and for all new structures and critical facilities (except agricultural barns and sheds): (1) prevent residences from being surrounded by moving water during floods: (2) provide safe access to new residences by emergency vehicles and emergency personnel` (3) enable provision of disaster relief services: (4) prohibit ane property owner from increasing flood damage to his or her neighbors or to the community in general; (5) prohibit filling or building on fill in the floodplain for all new buildings, and require that new buildings shall be elevated on columns or have flow-through crawlspaces• (6) identifv areas of steeper slopes, unstable soils, and/or alluvial fans, and require developers to prepare hazard studies to reduce risk of flooding: (7) increase public safety by adding freeboard of at least one foot to base flood elevations (BFE); (8) require full disclosure to any prospective or interested parties of the floodplain zone or hazard in which a property is located; and (9) prohibit new critical public facilities from being built in a floodplain unless the structure is constructed with freeboard, elevation above the 500-year floodplain, and has elevated access ramps. 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 Insarance-Adirrnrishation-in-a-scientific-and-engineering report entitled "Flood Insurance Study," dated [T°'° Apri12. 2004, with accompanying Flood Insurance Rate Maps and all [subsec}ueat] future changes, revisions and amendments[;] to these documents. and shall apply to all areas outside the identified special flood hazard areas encompassing and adjacent to a river, stream, stormwater channel, outfall area, or other inland water or drainage facility determined by the 4 director of public works to be subject to flood hazards[:] , or zones of unstudied, moderate or minimal areas of flood hazard. 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 A99. The zones of unstudied, moderate, or minimal areas flood hazard are: (1) Moderate or minimal flood hazard - Zone X (shaded) or Zone X (not shaded) (2) Unstudied areas where flood hazards are possible -Zone D (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) ]Non-fenced, non-elevated outdoor swimming pools. (5) Signs [ivhieh] 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- [T°'° zro-=~9^~,] Apri12, 2004, along with all subsequent revisions and amendments, and the Flood Insurance Rate Maps, dated Anri12, 2004, May 16, 1994, July 16s _1990, .and September 16,_ 1988,_ and all future chanties, revisions, and amendments to these documents, are hereby adopted and declared to be a part of this . chapter. ~ ..:.,.....a...,.,.....a _ .we ,.r ,,...,i:,...~.:i:«.. ,.c «w:.. e~a»ter:] The Flood Insurance Studyuand Flood Insurance Rate Maps, [as-a~nende~] and all future changes, revisions, and amendments to these documents, are on file at the 5 Aupuni Center, Department of Public Works, 101 Pauahi Street, [Itee~] Suite 7, Hilo, Hawaii 96720. [i,.\ 'n.,, l.,r.... 1G loon „„a...,.a ct,.,.a T«..„....«,.,. e...a.. Dronn „.,„et.. nt~4n n~tzn > > nn~cr~ ,.„a l.n„« T«a,.., „ «,.t t.e..«t... ,.a,.„.«a ..„a a«,.t«.va t.e «c «1.:.. > i1L -rt.,. 1. n..., 1 L 1 non Dl,.,.a T«.,„_..«,.,, c.,.a....t...tt t«.,.«„. lt.u _ ~ Txnc xrsa.~ xo, vr--i-xvoo-znacmmow oac.~ uxxn.xx oaF~prscnxaac c.nc e Tl.« L'TDTn „ «,.1.. nl LQC n^11 ZT ..„.7 nn7GTl ..1...17 .e„1....e .l,e L'TDTA «..«..1 M LOT\ n'712!` ..„A nm _ e«ti..«l.. > > e ~r~,e l.n,... t ~ t non t.n..„ r„,t,.., „ „„t ..t,.,tt .o„t«,.e a,o r..t.. t ~ t non ~anek n,\ -rt.e T..«,. ~ loot ..„a...,.a ?t,.,.a r„,..._„„,.,, e...,t.. crot.n D„„et., nmG>: > > T1C-r~T-hci3i3n~2~-~~~ Fiioeo-?i=Sk}H2no~tti~j'-Sh&11-SL}~3 t°„•°~xcxxroa`c-txt"xo-iicf u 1 non ,.«a T..t.. u 1 non ta,.,.a T„....«.,„„e e..,,7: e.. iz\ ~n.e T..„e ~ 1 nnc nn..„ T«a,.., «..«..1 ..t...tl _e„t,.,.e .t,e rn«., t G 1 non an«„ > > 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 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, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. In the event of a conflict between this chapter and the National Flood Insurance Program and Related Regulations (NFIP), as amended, the (I+lEIIz] more restrictive provision will govern. SECTION 7. Chapter 27, article 2, section 27-12, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-12. Definitions. 6 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. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or denial of a request for a variance. {{3)] "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; where a clearly defined channel does not exist; where the path of flooding is unpredictable and indeterminate; and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. [(4-)] "Backfill" means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving [n~i'xw~~' -.-fator] floodwater conveyance or to restore the land to the natural contours existing prior to excavation. {{3j] "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. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. [(~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 building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by [f]eed-watera:] 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 [registered] 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. "Channel" means the bottom or bed of a watercourse or the deepest part of a watercourse. "Coastal high hazard area" -See "Zone V" and "Zone VE." "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. 7 "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Drainage facility" -See "Watercourse." [(-1.3j] "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures3 or development into a floodplain which may impede or alter the flow capacity of a floodplain. [(f4~] "Existing manufactured home park or subdivision" means a manufactured home pazk 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 the placement of fill material at a specified location to bring the ground surface up to a desired elevation. "Fill material" can be natural sand, dirt, soil or rock. For the purposes of floodplain management, fill material may include concrete, cement, soil cement, brick, or similar material as approved on a case-by-case basis. "Flood, flooding, or [Heed-~eteF] floodwater" means- (A) a general and temporary condition of partial or complete inundation of normally dry land areas 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 (irt ~ ^ within this definition and aze akin to a river of water on the surfaces of normally dry ]and areas, as when earth is carried by a current of water and deposited along the path of the current; and (B) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cvclical 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 similarly unusual and unforeseeable event which results in flooding as defined in paragraph (A)(i) of this definition. [(~8j] "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, determination and flood-related erosion hazards. 8 [(~9~] "Flood Insurance Rate 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. [(~-1-)] "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"). [(~3~] "Floodplain administrator" is the individual appointed to administer and enforce the floodplain management regulations. This person shall be the director of public works of the County of Hawaii or the director's duly authorized representative. [(~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. [(~3~] "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, and special purpose ordinances(:) such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in anv combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "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 non-structural 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. _"Floodway" or "regulatory. floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to dischazge the base flood without cumulatively increasing the water surface elevation [a3e~e-Eh~ ene-feet]. [(~9~] "Floodway fringe" is the areas of a floodplain on either side of the designated floodway where encroachment may be permitted. "Flvwav" means the route followed by migratory birds, insects, and bats. For anv given species, there may be differences in distance traveled, time-of-day or season 9 for the start of migration, speed of flight, elevation of the breeding, feeding, or wintering grounds, and other factors. Flvwav routes may follow topographical features, such as: coastlines, mountains, craters, valleys, specific trees or other vegetation, and watercourses. [(3Aj] "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 aze 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 anv structure(s) and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property and anv structure(s), unaware that it is subject to potential flood damage, and the structure(s) can be insured only at very high flood insurance rates. "Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboazd" 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, port facilities that are necessary for the loading and unloading of cazgo or passengers, and [ship-building} shi bup ilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [(33)] "General floodplain" -See "Zone A." "Greenbelt and greenwav" means a linear, open space or natural area along a watercourse used to connect people with parklands, natural or historic sites, and enhance and protect recreational opportunities, natural habitat and scenic areas, protect water quality, filter sediments and other pollutants, prevent erosion, establish corridors for wildlife, and attract native species. [(34jJ "Hardship" as related to article 5, variances, of this chapter means the hardship 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 parcel to a different use than originally intended, or to build elsewhere. "Headwater(s)" means the water or source from which an identifiable watercourse or historic ditch begins. 10 [(33~] "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [(36)] "Historic structure" means any structure that is: (A) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (B) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretarv to aualifv as a registered historic district; (C) individually listed on a State of Hawaii inventory of historic places[;] where the historic preservation program has been approved by the Secretarv of the Interior; or (D) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved State program as determined by the Secretary of the Interior, or (ii) directly by the Secretary of the Interior in states [;vith] without 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-es] 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 not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. [f4&}] "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" includes a "mobile home" but does not include a "recreational vehicle." [(4d-)] "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. _[(~j] "Mazket 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: 11 (A) Independent appraisals by a professional appraiser[:] licensed by the State. fLiZ\ Tlea..;1~A a:.....ao.. ,.C al.,. ..a~..,.a.. ..,.a....l ,.....1. ....l..o /..noA :..l..lo ~ Property appraisals used for tax assessment purposes[:] by the County department of finance, real property tax office. [($j] ~ The value of buildings taken from National Flood Insurance Program claims data[ This value shall be used as a screening tool to identify those structures where the substantial improvement ratio is less than forty_percent or gxeater than sixtypercent. [/II\ ll....l: {:nA nna:.«nann 1.nneA .«A «~,.C ....:,.«..1 A..,,....,«a A,. 1.....a.,CC «C al.n 1....nl 1...:1.7:«.. .in«n«a....,.«• 1......1 Ca..a., any n Fl:.... A.. a,.,.l..~ a.. :Ae«a: A. a6,..... ..a~..,.a..~..n ...1...~., A.,. ..,.l...a..«a:..l e [(-03j] "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. [(44)] "Minimum necessary" related to article 5, variances, of this chapter means the minimum necessary to afford relief to the applicant of a vaziance with a minimum deviation from the requirements of this chapter. In the case of variances to an elevation requirement, this means the director of public works need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the director of public works believes will both provide relief and preserve the integrity of this chapter. [(-03~] "New construction[;]" for floodplain management purposes, means structures for which the "start of construction" commenced on or afrer May 5, 1982[.-] ,and includes any subsequent improvements to such structures. [(~6j] "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, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or afrer May 5, 1982. "Non-elevation desien requirement" means that the lowest floor is not properly elevated. [(~j] "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, 12 its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream. "One-hundred-year flood" means a flood which has a one percent annual probability of being [ec}ualed} equaled or exceeded. It is identical to the "base flood." [(49)] "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. [(3Aj] "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward 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. [(3-l~] "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: L) built on a single chassis: (bl 400 square feet or less when measured at the lareest horizontal projection; (cl designed to be self-pronelled or aermanently towable by a li hg t duty truck; and (d) designed urimazily not for use as a permanent dwelling but as temuorarv livine Quarters for recreational, camnine. travel, or seasonal use. [(3~] "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation [ "Repetitive loss structure" means home or business that was damaeed by flood two times in the nast ten Years, where the cost of fully repairing the flood damaee to the buildine, on the average, equaled or exceeded twenty-five percent of its market value at the time of each flood. [(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 landwazd of the beach. [(33~] "Sheet flow area" -See "area of shallow flooding." [(3H)] "Special flood hazard area" means an area having special flood[ mudAewj-a~F] 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 the 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 the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a 13 manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [(38)] "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [(39)] "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. [(~9)] "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, engineer, or architect licensed by the State, and which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement which shall be the sum of all costs of all such work performed in the previous [three] ten years including the cost of the current work being considered. 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, 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; or (B) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." [(~-1)] "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 develonment to be fully compliant with the communitv's floodplain management reeulations. A structure or other develonment without the elevation certificate. other certifications, or other evidence of compliance with this chanter is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 14 "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 hvdrologic svsteml:l where all of the water, whether subterranean or surface, may drain into rivers streams, lakes, intermittent watercourses. estuazies, wetlands, aquifers, and ultimately into the ocean, and which is linked by that common drainaee. Watersheds supply drinkine water, are essential to a healthy ecoloev for plants and animals, provide recreation and respite, and sustain life. "Zone A" is the special flood hazazd area that corresponds to the one-hundred- year floodplains that are determined in the Flood Insurance Study by approximate methods. Because detailed hydraulic analyses are not performed for such aeeas, 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 at selected intervals within this 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 aze between one and three feet. Whole-foot base flood elevations derived from the detailed hydraulic analyses have been determined at selected intervals within this zone. "Zone AO" is the special flood hazard 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. "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. "Zone D" is the other areas that corresaond to unstudied areas where flood hazards are undetermined, but uossible. [(~9j] "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. [(~9)] "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. 15 [E~] "Zone X shaded " a°°:°°°•:~° n,.,.,,] are areas of[~4)] moderate flood hazard corresponding to areas of the five-hundred-year floodplain, areas of one-hundred-year flooding where average depths are less than one foot, areas of one- hundred-yeaz flooding where the contributing drainage area is less than one square mile, and areas protected from the one-hundred-year flood by levees[; `n. n,...a ] . "Zone X {not shaded)" are areas of minimal flood hazard conresponding to areas outside of the five-hundred-vear floodplain. Base flood elevations or depths have not been determined for Zone X. {f73j"~~D'? is-the-ether-areas tbat eerrespend--te~stndied-a;i.~--.:~e~d SECTION 8. Chapter 27, article 3, section 27-14, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-14. Director of public works approval. No building permit, certificate of occupancy, or grading permit shall be issued, no building shall be occupied, and no development or subdivision shall be approved without the approval of the director of public works with respect to compliance with the provisions of this chapter. SECTION 9. Chapter 27, article 3, 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 oerson(sl shall include, but not be limited to: (a) Permit review. (1) All building permits, certificates of occupancy, grading permits, and development or subdivision proposals shall be reviewed to determine whether the requirements of this chapter have been satisfied; (2) All other development permits referred by other governmental departments and agencies shall be reviewed for consistency with the requirements of this chapter; (3) All permits and proposals shall be reviewed to determine that site is reasonably safe from flooding[; and] and require in flood-urone areas that all new construction, improvements to repetitive loss structures and substantial improvements (includine manufactured homed shall be: Desiened and adequately anchored to prevent flotation, collapse, or lateral movement Constructed offlood-resistant materials; 16 Constructed by methods and practices that minimize flood damage: and Constructed with electrical, heating, ventilation, plumbing. and air conditioning a ui ment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of floodine: (4) All permits shall be reviewed to determine that the proposed development f A,..... «,.t A.........1.... CC ?1.,....,.....:«.. ,...«..,.:ti, ..C ............1....... 1.....e Fl....A olo:..,ti..«.. 1.,...., 1,~,.« .7,.~,......:«0.7 1.,.~ il.....i..,.,.. 7..,.. 1.,...« ,7,..,:..«„~0.7 Fer~,~,eses~` ns-chapter, `<edverseiTa€€oats" s~#~t~he ] when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood at any point[-] Obtain copies of all State and/or Federal permits that are reauired in association with individual Department of Public Works (DPW) permit applications before granting anv permit. Failure of the applicant to provide copies of such State and/or Federal permits shall result in denial and/or revocation of applicant's DPW's permit(sl. (b) Information to be maintained. (1) The Flood Insurance Study and Flood Insurance Rate Maps for the County of Hawaii; (2) The certification of lowest floor elevation; (3) The certification of floodproofing for spaces below the base flood elevation; (4) The certification of final pad elevation where a site is filled above the base flood elevation; (5) The certification that an encroachment in the floodway will not result in any increase in flood levels during base flood discharge; and (6) The certification of elevation and structural support for structures in the coastal high hazard area. (7I Maintain copies of all State and/or Federal permits that are required in association with Department of Public Works' (DPW) individual permit application and file by TMK(s). Additionally. DPW shall: (a1 use adequate internal controls to safeguard and preserve the functional integrity of the applicant's file. (bI copy all State and/or Federal permits within an original file of the Tax Map Kev (TMKI and maintain those copies with anv subsequent TMKs' file(s) if the original TMK is subdivided. (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). A person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation 17 as provided in article 5.). 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 n applicant or an applicant's agent. Change 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 floodplain administrator shall notify the Federal Insurance Administration of the changes by submitting technical or scientific data through the Letter of Map Revision process. Such a submission is necessary so that upon confirmation of those physical changes affectine floodine 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. lf~' Whenever a watercourse is to be altered or relocated: (1) Require that the flood carrying capacity of the altered or relocated portion of said watercourse [is-t~intained; ] be maintained at or improved to at least a minimum of the base flood. (2) Notify the State of Hawaii deparhnent of land and natural resources (commission on water resource mans ement) and all adjacent property owners and all downhill property owners within 2000 feet or three tax map keyparcels 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. ~ Take action to remedy violations of this chapter as specified in article 6. (h) Develop a plan for each floodplain and historic ditch that includes a de~nated, unobstructed watercourse to carry water from the headwaters to the ocean. Each plan shall: Map the floodplain or historic ditch to its highest known elevation based on local knowledge, Federal Insurance Rate Maps (as amended), flood studies, or any other method acceptable to the Floodplain Administrator; (2) Designate a watercourse that moves water downhill as safely as possible, and to include but not limited to: reducing velocity, debris, sediment, etc.; (3) Protect the headwaters' forest and stream systems; 18 (4) Include a minimum carryine capacity for at least aone-hundred-year storm event (base flood): (5) Control encroachment by development within the desienated watercourse to those developments that shall not impede the flow of the base flood, create a safety hazard for downhill residences or businesses, or pollute the ocean; (6) Require that any relocation of a watercourse within the floodplain or historic ditch plan area to meet the minimum requirements for water- carrvina capacity of the base flood; and (7) Slows the velocity of the water, and allows for percolation of water into the aquifer by use of sound eneineerin¢ standards. SECTION 10. Chapter 27, article 4, section 27-17, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-17. Certification standards. Pre-construction and post-construction certification of elevation and floodproofing of new construction, improvements to repetitive loss structures, development, and substantial improvements within areas of special flood hazards shall be submitted to the director of public works and shall be maintained as a matter of public record. (a) Pre-construction certification. Requirements for approval of the building permit shall include the following items, as applicable, and any additional items as required by the director of public works to promote public welfare and safety: (1) Certification of building plans. Each set of building plans shall be certified by a structural engineer or architect, currently [registered] licensed in the State of Hawaii, to be in compliance with the requirements of this chapter. (2) Elevation certification on building plans. The elevation of the lowest floor shall be certified on each set of the building plans by a civil engineer or land surveyor currently [registered] licensed in the State of Hawaii. (3) 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 [registered] 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 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 19 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 architect 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 1 I. 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. (1) New construction, improvements to repetitive loss structures, and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction, improvements to renetitive loss structures, and substantial improvement shall be constructed using methods and practices that minimize flood damage. (3) New construction, improvements to repetitive loss structures, and substantial improvement shall be designed and constructed with electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities including, but not limited to, furnaces, heat pumps, hot water heaters, washers, dryers, elevator lift equipment, electrical junction boxes, circuit breaker boxes, and food freezers that are located above the base flood elevation. 20 (4) Within Zones V and VE, new construction, improvements to repetitive 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 highwa r (c) Filling. (1) Within a floodway, [€rllixg] encroachments (including fill), new construction, improvements to repetitive loss structures, substantial improvements, and other developments, shall be prohibited unless certified by a professional civil engineer [reg-iste~ed] licensed in the 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 re ug latory floodway is designated, that no new construction, improvements to repetitive loss structures, substantial improvements, or other development (including filll. shall be permitted within Zones AE on the FIRM, unless demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point. [(-2~] ~ Within ali 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 [reg-istered] licensed in the 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. 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. u In Zones V and VE, filling and the use of fill material for structural support of buildings shall be prohibited. 61 Withnt areas where the ~~ade of the natuia] elevation of the_r~wd surface prior 'to construction exceeds ten percent filling,rradnt and other development which may inercaso tloodine or erosion hazards shall beprohibitcd unless a professional civil cnaineer licensed in the State of Hawaii certifies that the development will contain its own runoff and not increase floadin~ or erosion in other v~cas. Creation of impermeable surfaces on such sloping areas svi'll be limited fo no more than forty percent of the total land arc;a of any lot or proposed new subdivision. Any measures to be implemented i~n order to ~rcvent or decrease nm-off 21 or erosion shall be clearly shown or described on the r?radin<= or infrxstnuture cousn~uction 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 [e~-aHeve] the base flood elevationplus a freeboard of at least one foot. (B) For nonresidential new construction, improvements to repetitive loss structures, and substantial improvements: The lowest floor shall be elevated or floodproofed to [ef} the base flood elevation plus a freeboard of at least one foot. If 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 eneineer or architect such that: (i) The structure is watertight below the base flood elevation. (ii) The walls are substantially impermeable to the passage of water. (iii) The structural components aze capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (C) Within Zone AH, new construction, improvements to repetitive loss structures, and substantial improvement shall be required to provide adequate drainage paths around structures on slopes to guide [n~] floodwaters around and away from proposed structures. Fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, buildine access, or storaee in an area other than a basement and which are subject to flooding_ shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed nrofessional engineer or architect or meet or exceed the following criteria: A minimum of two openin sg having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. Each opening must be on different sides of the enclosed area. The bottom of all openings shall be no higher than one foot above grade. Openings may be a ui ned 22 with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exist of floodwaters. (2) Within Zone AO: (A) For [new] residential new construction, improvements to repetitive loss structures, and substantial improvements: The lowest floor shall be elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM plus a freeboard of at least one foot, or at least [twe} three feet if no depth number is specified. (B) For nonresidential new construction, imurovements to repetitive loss structures, and substantial improvements: The lowest floor shall be elevated or floodproofed above the hi est adjacent grade at least as high as the depth number specified in feet on the FIRM plus a freeboard of at least one foot, or at least [five] three feet if no depth number is specified. If the lowest floor is below the elevation referenced in subsection 27-18(d)(2)(A), then the structure together with attendant utility and sanitary facilities, shall be designed, [ate] constructed and certified by a licensed professional eneineer 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 constmction, 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 repetitive loss structures, and substantial improvement shall comply with the standards of section 27-23. (4) Within Zone A: New construction, improvements to repetitive loss structures, and substantial improvement shall comply with the standards of section 27-24. (5) Within Zones D and X: New construction, improvements to repetitive loss structures, and substantial improvement shall comply with the standards of section 27-24. 23 (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 12. 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 hazazds and flood-prone areas shall: (1) Be consistent with the need to minimize flood damage; (2) Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage; and (3) Have adequate drainage provided to reduce exposure to flood damage. (4) Construct all buildines with a freeboard of at least one foot above the base flood elevation. (b) All subdivision and other development applications shall identify the aeeas of special flood hazards and base flood elevations on the proposed site. If such information is not provided by the Flood Insurance Rate Maps, the director of public works [may} 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 {iv~}tirr} for each of the lots. (d) [ RePeseder?t.,-t~s.,c~e-t'-~neses.,eriis-heri iv..«,._n,.ii..«:,...r,...._,.in,.«n.....,...a».,...«.. ,.rin~~ ~~1.en izzn. . , Subdivisions and other developments within areas desienated as Zone A or general flood plain zone shall comply with the following Obtain all required permits, toeether 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 keen electronic conies of all permits associated with theproiect. 24 For all proposed developments and/or subdivisions greater than either ~~c,.. t,.«.. r...,..,,._,..~ two lots or one acre, the developer and/or subdivider shall include base flood elevation data within their proposal. (3) Comply with the requirements of section 27-24. (e) Subdivisions and other developments within areas designated as Zones D (unstudied) or X (moderate or minimal flood hazard) shall comply with the following: (1) 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 copies to the department of public works, which shall keep electronic copies of all permits associated with the proiect. (2) For all proposed developments and/or subdivisions greater than either 1`"~~'°'° °°-°°l two lots or one acre, the developer and/or subdivider shall include base flood elevation data within their proposal. (3) Comply with the requirements of section 27-24. ~Tr rn ....a ,.t,.,.,.«,. «t.,, a«,. ,.a,..,.. t,.« :........t.aa.:,,:,.....t.,..... «t,.. t,...,,, ~,.,.a „r«t.,. ..r«,._ ctr.......t,..tt ,.,..+:a~a w.. ..~:,.«„t ,..,a e t,,,,a (f) All developments requiring a site drainage~lan under section 25-2-72(31 (anticipated) shall submit such a plan for review and approval by the director of public works. The site draina~plan shall comply with sections 27-20(al and (b) and section 27-24, and shall include a storm water disposal system to contain run- offcaused by the proposed development, within the site boundaries, up to the expected base flood event (also known as the "one-hundred-year flood), as shown in the Department of Public Works "Storm Drainage Standards," dated October 1970, or any approved revision, unless those standards specify a rgreater recurrence interval. The amount of expected runoff shall be calculated according to the Deparhnent of Public Works "Storm Drainage Standards," dated October 1970, or any approved revision, or by any nationally-recoenized method meeting with the approval of the director of public works. Runoff calculations shall include the effects of all improvements. (g) Storm water shall be disposed into drvwells, infiltration basins, or other a~roved infiltration methods. The development shall not alter the general drainage pattern above or below the development. SECTION 13. Chapter 27, article 4, section 27-22, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: 25 Section 27-22. Standards for floodways. The floodway identified on the Flood Rate Inswance Maps and located within areas of special flood hazard is the watercowse reserved to dischazge the base flood. Since the floodway is an extremely hazardous area due to the velocity of [I}ee~vaters] floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (a) Encroachments, including fill, new construction, improvements to repetitive loss structwes, substantial improvement, and other new development shall be prohibited unless certification and supporting data is provided by a [registeFed] licensed professional engineer or architect demonstrating that the encroachment will not cause any increase in base flood elevations during the occurrence of the base flood discharge. (b) If an encroachment within a floodway is allowed under the conditions of pazagraph 27-22(a), all new construction, i~rovements 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 14. Chapter 27, article 4, section 27-23, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-23. Standards for coastal high hazard areas. Coastal high hazard areas, more commonly known as tsunami inundation areas, are identified as Zone V or Zone VE on the Flood Inswance Rate Maps. Within coastal high hazard areas, the following standards shall apply: (a) All new construction, improvements to repetitive loss sttvctwes, 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 structwes, and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor, excluding the pilings and columns, is elevated to jer~evel at least the base flood [level] elevation with a freeboard of at least one foot. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. The wind and water loading values shall each have a one percent chance of being 26 equaled or exceeded in any given yeaz. (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 square 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: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (one- hundred-year mean recurrence interval). (e) Fill shall not be used for structural support of buildings. (f) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. (g) All new construction, improvements to repetitive loss structures, development, and substantial improvement within coastal high hazard areas shall be certified as required by section 27-17. fhb 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 eiehty consecutive days or be fully licensed and highway readX SECTION 15. Chapter 27, article 4, section 27-24, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-24. Standards for general floodplain (A), unstudied (Dl, and moderate or minimal flood hazard areas (XI. The genera] floodplain, identified as Zone A on the Flood Insurance Rate Maps, are 27 azeas of special flood hazards for which detailed engineering studies aze not performed by the Federal Insurance Administration to determine the base flood elevations and to identify the floodways. Zones D (unstudied), and X (moderate or minimal) are also areas of flood hazard. (a) Base flood elevations shall be determined for each subdivision or development application, and all structures shall have a freeboard of at least one foot above the approved base flood elevation. To determine base flood elevations and the locations of floodways within the general floodplain, or unstudied, moderate, or minimal flood hazard areas, 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) [mien] Development or subdivision proposals shall conform with the requirements of section 27-20. (c) The following information shall be provided by a permit applicant to the director of public works to evaluate the proposed construction or improvement site within a general floodplain 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 detenmined 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. (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. SECTION 16. Chapter 27, article 4, section 27-25, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: 28 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 rr..,... ' The director of ublic works farther shall information concerning base flood elevation, floodways, surface water runoff, existing and proposed drainage patterns, and other information, including a detailed flood elevation study, drainage report, and findings and opinions by a [registered] 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 standazds provided in this chapter based upon information available from a Federal, State, or other source, including information provided by the permit applicant. (c) A drainage facility shall not be modified, constructed, lined, or altered in any way without the approval of the director of public works. SECTION 17. Chapter 27, article 4, section 27-26, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-26. Storm drainage standards. The department of public works, County of Hawai`i's "Storm Drainage 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 vaziances 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 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 29 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 that must be met before a vaziance can be properly granted. The following criterion [criteria] are designed to screen out those situations in which alternatives otherthan a variance are more appropriate: (a) Generally, variances may be issued for new construction, improvements to renetitive 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) Vaziances shall not be issued within any designated floodway if any increase in flood levels dwing the base flood discharge would result. (c) Variances shall only be issued upon: (1) A showing of good and sufficient cause. Under this [cfitefie] 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 not the structure, its inhabitants, or the property owner. Under this [eFiterie] criterion, only exceptional instances should azise 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 [sriteFia] criterion, the hardship that would result from failure to grant a requested variance must be exceptional, unusual, and peculiar to the property involved. Economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors cannot, generally, qualify as exceptional hazdship. Under this [e~iterie] criterion, for example, a member of a household is physically handicapped and wants a variance to build the dwelling at grade or at a lower level for access purposes. A variance should not be issued because the owner can construct a ramp or elevator to meet flood requirements. Elevation will allow the infirm or handicapped person to be evacuated in the early stage of flooding, and, if there is insufficient warning or help in evacuating that person, then, in all likelihood, he can survive the flood by simply remaining in the home safely above the levels of [~'~~-~,.~,r] floodwaters; (3) A determination that the variance is the "minimum necessary" (as defined in section 27-12), considering the flood hazard, to afford relief. Under this 30 [sfite~ie] 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 [s~iteria] 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: (1) Modification of the construction or substantial improvement, including the sewer and water facilities. (2) Limitations on periods of use and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements for construction of channels, dikes, ditches, swales, levees, and other flood-protective measures. (5) Floodproofing measures designed consistent with the regulatory flood elevation, flood velocities, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. (6) Other conditions as may be required by the director of public works to promote public welfare and safety. SECTION 19. Chapter 27, article 5, section 27-28, Hawaii County Code ] 983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-28. Application for variance. 31 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 areas 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 that the property is located in a flood hazard area subject to flooding and flood damage; that a flood hazard variance to construct a structure below the base flood elevation will result in increased flood insurance rates and increases flood risks to life and property; that the property owners will not file any lawsuit or action against the County of Hawaii for costs or damages or any claim; that the property owners will indemnify and hold harmless the County of Hawaii from liability when such loss, damage, injury, or death results due to any flood hazard variance and flooding of the property; and that upon approval of the variance, the covenants shall be fully executed and proof of recording with the bureau of conveyances shall be submitted to the director of public works prior to the issuance of a building permit. (g) Such other information as may be relevant and requested by the director of public works. SECTION 20. Chapter 27, article 5, section 27-30, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: Section 27-30. Recording and reporting of variances. (a) Any applicant to whom a variance is granted shall be given written notice over the signature of the director of public works that: (1) The issuance of a variance to construct a structure at elevations below the base flood level will result in increased premium rates for flood insurance[;] up to amounts as hieh as $25 for $100 of insurance coverage; (2) Such construction below the base flood level increases risks to life and property; and 32 (3) A copy of the notice shall be recorded with the State of Hawaii bureau of conveyances and shall be recorded in a manner so that it appeazs in the chain of title of the affected parcel of land. (b) A record of all variance actions, including justifications for issuance of any variance[,] and written notices, shall be maintained by the director of public works. A report of the variances issued shall be included in the biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. 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 [2~3~] 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 parry responsible for the violation to do any or all of the following: (1) Correct the violation within the time specified in the order; (2) Pay a civil fine of not less than $500 and not more than $1,000 in the manner, at the place, and before the date specified in the order; (3) Pay a civil fine of not less than $500 per day and not more than $1,000 per day for each day that the violation persists, in the manner and at the time and place specified in the order. (c) The order shall become final thirty days from the date of service unless the party served requests a hearing under chapter 91, Hawaii Revised Statutes. If a hearing is requested, no fine shall be imposed except upon completion of the hearing. In determining the amount of the fine, the director of public works shall consider the seriousness of the violations, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the fine on the violator, and such other considerations that have a bearing on the amount of the fine. (d) The director of public works may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the director of public works need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed, and that the fine has not been paid. SECTION 22. Chapter 27, article 6, section 27-37, Hawaii County Code 1983 (2005 edition), as amended, is hereby amended to read as follows: 33 Section 27-37. Removal of encroachment and/or obstruction notices. In addition to any other section, if any encroachment and/or obstruction exists, under, over or through any portion of a drainageway, floodway, levee system or watercourse within the County and the encroachment and/or obstruction is observed, or a complaint made to the department of public works of the County of Hawaii, then the department of public works shall investigate and forthwith, give notice to the owner to remove the encroachment and/or obstruction in the manner provided in this [sestiec~] 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 aze 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 1st Reading: Date of 2nd Reading: Effective Date: 34 MEETING SUMMARY FLOOD PLAIN MANAGEMENT COMMUNITY GROUP June 22, 2007 ~ Noon - 6:00 pm Facilitated by Ku'ikahi Mediation Center Catherine, Joanne, Jocelyn & Lloyd Participants: • Chuck Flaherty, Hokuli'a Plaintiff • Jack Kelly, Hokuli'a Plaintiff • Curtts Tyler Absent • Brian Kajikawa, division chief of Building • Galen Kuba, division chief for Engineering • Bruce McClure, Director of Public Works • Council Chair Hoffmann for part of the meeting • Council Member Ford, for the part of the meeting that Hoffmann was not in attendance • Brad Kurokawa, Deputy Director of Planning • Waiaha Citizens for Drainage Representative (Bert Onaka, Dave Edgar) • Jacqui Hoover, Hawaii Leeward Planning Conference (HLPC) • Ken Melrose, HLPC • Steve Herbert, Hawaii Society of Professional Engineers • Greg Hendrickson • Fred Cowell, Kona Soil and Water Conservation District • Hiram Rivera, E.M. Rivera & Sons Inc. for the Contractors Assn. • Terry Dunlap, representing the AIA • Ken Kaneshiro, Farm Bureau • Carol Tyau-Beam, (DLNR/NFIP) • Stephen Skipper, (MRCS -Natural Resources Conservation Services)* • Don Thomas, (UH, School of Ocean & Earth Science & Technology) • Dudley Kubo, NRCS • Katina Hanson, NCRS • Jerry Williams* stood in for Stephen Skipper for awhile • Gerald Takase, Corporation Counsel Also in attendance: Meeting was viewed by video in the Waimea and Kona Council offices. About 8-12 members of the public were present in Hilo at any given time as well as a reporter from the West Hawaii Today, who attended about half of the meeting. 1 GENERAL OBSERVATIONS The challenge before this group and the entire Big Island: How to research, design and implement a flood drainage system to protect everyone (as much as possible) living on all mauka and makai slopes of Hawaii Island that: • Infringes as little as possible on land owner rights; • Minimizes negative economic impact, and • Maintains FEMA eligibility for all flood area residents in case of disaster All participants who spoke expressed genuine to grave concern, some for years, about the flooding and potential flooding situations that are occurring and could occur in the future on the Big Island. The FEMA deadline has brought the issue to a head and forced both lawmakers and the community to cooperate NOW or lose federal disaster funding. About 3 hours into the meeting, the interactions shifted from participants inputting comments on each section to an open general discussion-some of it quite straightforward-between participants about the specific language (and unintended negative consequences) and technical definitions versus the spirit of what this legislation is intended to accomplish. Questions were asked and clearly the participants' desire to help lawmakers base their decisions on science, history, as well as practical and physical limitations. Many of the participants felt heard and acknowledged. The willingness to work together on solutions was notable. During the breaks, small groups gathered in the room and along the hallway all the way to the lunch room. The groups grew at each progressive break and interactions appeared respectful and constructive. Almost everyone stayed for the entire meeting. After adjournment, half or more of the participants stayed to continue discussions while the room was being broken down. ISSUES DISCUSSED: Definitions of "flood-prone" and "flood plain" that include 100% of the island have wide ranging consequences, including slowed development (the word moratorium was denied), increased insurance rates, time and construction costs for land owners as well as overloading the County systems to manage and regulate such a sweeping change in policy. Many considered the definition impossible and creating more problems than any/all good intentions of solving the problem. 2 The second major concern of the group was which flood standard to use and how to apply it fairly. One size does not fit all and neither 10-year base or 100-year base flood measurements seem appropriate. This is important: apply progressive standards between the 10- and 100-year flood standards depending upon the varying geological locations and flood potentials. At this point in time, no one can accurately identify what and is not a flood area, especially since the last two years of development. One of the participants asked, "What can we do now?" This sentiment was expressed by many in the form of realizing that coordinating the science, legislation, money, administration, implementation systems and regulations (enforcement) necessary to produce effective, long-lasting results requires: • Focused and immediate attention • Significant to massive financial and human resources and • A Federal Flood Plain Management Director like most other states. Few areas of the island are currently mapped for floods, and there are many changes and potential changes of the watercourses that need to be identified. Base Flood Elevation determinations cannot be made without maps. One of the first maps is topographic, which one participant said, is a rather daunting task in itself. One source for this data was noted: The Watershed Alliance. Also, it takes some heavy rainfall to indicate and confirm where the watercourses currently are; many existing maps are no longer accurate. New watercourses are emerging all over the island as a result of upslope activities that have not been effectively managed. Regularly re-mapping and monitoring the situation presents challenges with limited resources. Consequence could be one area suffers damage from flooding in a previously undesignated or newly insufficient drainage area and therefore not eligible for FEMA funds. Fairness to both small and large landowners was a concern; clarification and consistency of definitions is important throughout the document as well as with existing requirements. Overlap and conflict examples were presented. There is urgency to address this issue beyond FEMA deadlines. The potential liability to the County for not addressing the flooding issue sooner was a concern because land owners are already experiencing flooding damages that the science says will only increase. -One participant said "I know it's a big problem. But it's pay now or pay more later." PARHING LOT 3 What is available right now to help those flooding out? *Smart* Development RECORDING NOTES This summary was extracted from the recorders notes rather than transcribed so the reader can better understand the tone as well as the issues of the participants. The recording notes will be returned to you and can be transcribed verbatim if desired. QuESTioNNAmEs Questionnaires have not yet been completed. They will be tallied and returned after the meeting completes on Tuesday. The `Best Ideas' will be summarized from the recorder's notes. AGENDA The meeting started late and was delayed a couple of times because of technical changes and challenges, but it did not seem to have any negative effects. The meeting seemed informative and valuable; nearly all participants made comments and suggestions that were thoughtful and focused. After some background and history, we moved through each item in order, with the exception of two or three sections due to Sunshine Law and appropriate definition clarifications. As recommended, we started with the FEMA regulated language sections listed on the yellow questionnaire. After 8 of the 19 items, there was general agreement that the FEMA language remain as is (necessary) to retain eligibility for disaster relief funds. Therefore, no constructive purpose would be served by further discussing something there is no power to affect. Switching to the Hawaii (buff Questionnaire, we started the items on the Proposed Draft 5, Bill 5l. The group considered the shift appropriate and supportive of the positive collaboration they wanted to generate, and the ground rules were adjusted accordingly. About half the Hawaii agenda items were completed. The next meeting venue will be announced on Monday, and will convene from noon to 6:00 pm. to continue the Hawaii agenda. 4 5 MEMORANDUM To: Casey Jarman, County Clerk Kenny Goodenow, Deputy County Clerk From: Levi Hookano, Legal Specialist Date: June 13, 200'7 Re: Sunshine Law Issue -Council Members Hoffmann and Ford Meeting With Bruce McClure and Others This memorandum is in response to a request for information regazding the Sunshine Law and a meeting of two council members with a department head and community experts for the purpose of information gathering. Issue Presented 1. Whether under Hawaii Revised Statutes (hereinafter "HRS") Chapter 92, known as the "Sunshine Law," a meeting of two Council members with a department head and community experts, for the purpose of information gathering, is allowable. Brief Answer 1. Yes, nothing indicates that an information session, whose purpose is to provide information to two Council members, would not be permitted. The legislative history of HRS §92-2.5(a) as amended in 2005 indicates an intent to broaden the permissible acceptable interactions between two Council members. Some words of caution will be discussed infra. Discussion Policv of the "Sunshine Law" is to Provide for Open Government The purpose and policy behind the Sunshine Law is that the formation and conduct of public policy be as open as possible. This includes the discussions, deliberations, decisions, and actions of governmental agencies.Z According to HRS §92- 1, the provisions in the Sunshine Law requiring open meetings shall be liberally construed, and the provisions and exceptions for closed meetings shall be strictly construed against closed meetings. ~ See HRS §92-1. ~ Id. 1 Permitted Interactions and Exceptions The Office of Information Practices (hereinafrer "OIP") interprets the Sunshine Law, in accordance with the HRS §92-2(3) definition of a meeting, as requiring "all discussions, deliberations, and decisions relating to a matter over which the board has supervision, control, jurisdiction, or advisory power to occur at an open meeting unless specifically exempted.s3 With that in mind, HRS §92-2.5 outlines permitted interactions of Council members. HRS §92-2.5(a) is most applicable to the present case. It states that "[t]wo members of a boazd may discuss between themselves matters relating to official boazd business to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought and the two members do not constitute a quorum of their board." According to HRS §92-5(b), "no chance meeting, permitted interaction, or electronic communication shall be used to circumvent the spirit or requirements of this part to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power." The Legislative History of the Sunshine Law Supports the Conclusion That an Information Session Between Two Council Members, the Director of Another Aeency. and Invited Experts Falls Within the Scope of Permitted Interactions. Statutory interpretation of HRS §92-25(a) provides us with guidance as to the meaning of that section. The language of the statute itself is the first source of guidance, followed by its plain and obvious meaning.° Where a statute is ambiguous a court of law may refer to the legislative history to interpret the statutes In the present case, the statute was amended in 2005 and the new wording leaves room for interpretation. When HRS §92 2.5(a) was first enacted in 1998, the wording of the provision was as follows: Two members of a board may communicate or interact privately between themselves to gather information from each other about official board matters to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought.b Then in 2005, the State Legislature amended HRS §92-2.5(a). The additions to the statute are underlined and the deletions have been struck through: ' OIP Op. Ltr. No. 04-04 at 2. Hawaii Home Infusion Associates v. Befitel, 114 Hawaii 87, 157 P.3d 526, 530 (2007). s Id. e HRS §92-2.5(a) prior [0 2005 amendment. 2 Two members of a board may [ ]discuss between themselves [ s~ a""'' matters relating to official board [resters] business to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought[.-] and the two members do not constitute a quorum of their board."~ The legislative history of HRS §92-2.5(a) indicates that the State Legislature removed the words "to gather information from each other" from the statute. (Emphasis added). Removal of this language indicates the intent of the legislature to broaden the source of information communicated between two board members. This would allow for Councilwoman Ford and Council Chair Hoffman to meet with Director Bruce McClure and others, since two members of the Council do not constitute a quorum, and the purpose of the session is to enable the Council members to perform their duties faithfully. Words of Caution While there are no provisions that are specifically contrary to the interpretation of HRS §92-2.5 provided above, the following words of caution are important to consider. 1. Do not use words indicating a willingness to vote for/against anything discussed. HRS §92-2.5(a) is very clear that there can be no commitment to a vote nor can such a commitment be asked of a Council member. Therefore, avoid indicating you favor certain suggestions, commenting that something "looks good to me," or anything similar that could be construed as a commitment to vote. It would be best to just keep this as an information session. Questions asking for clarification are okay and are encouraged. 2. Any and all communications made at the information session should be revealed at the next appropriate open meeting. To fully comply with the spirit of the Sunshine Law, it would be in the best interest of all involved to summarize what occurred at the information session at the next scheduled Council meeting. This would legally cure any violations that might have occurred. 3. Do not discuss the content of the information session with other Council members. An OIP opinion letter dated August 4, 2005 prohibits serial one-on- one communications between Council members. This means that where two Council members have discussed Council business between themselves, they may not discuss the same Council business with other Council members through a series of one-on-one discussions.$ The only place a discussion with other Council members may take place is during a properly noticed meeting. ' HRS §92-2.5(a) as amended in 2005. e OIP Op. Ltr. No. OS-015 at I. 3 Conclusions While it does appeaz that the convening of this informational session between Chair Hoffman, Council member Ford, Director McClure, and others is allowable under the Sunshine Law, it should be approached carefully and cautiously. It is important to remember to avoid any indication of committing to or soliciting a vote. Also, to conform to the "spirit" of the Sunshine Law, it would be wise to integrate the information gathered at this session into the next appropriate meeting on the matter. This will cover all the bases on conducting County business as openly as possible. Sincerely, /s/ Levi Hookano Levi Hookano Legal Specialist, Dept. of the County Clerk 4 MEETING GROUND RULES We are asking everyone in attendance on June 22 and 26, 2007 to please agree to these simple ground rules. It will help the event be properly documented and enable us to move through our agenda. ? One person speaks at a time: Please take side conversations outside as microphones are on ? Respectful language at all times: No Stink! 2 minute time limit on comments ? Disagree with issues, not people ? Focus on solutions, not finger-pointing The facilitator and recorder are neutral They are here to help you reach your goals. Your cooperation with them is most appreciated. Mahalo for your kokua