HomeMy WebLinkAboutCOM 0176.119 2006-2008 BRENDA J. FORD `~'a••. Phone: (808) 326-5684
Council Member Fax: (808) 329-4786
District 7 -Central Kona E-Mail: bford@co.hawaii.hi.us
''~«N't
HAWAII COUNTY COUNCIL
County ofHawai'i
Kailua Trade Center
75-5706 Ffanama Place, Suite 109
Kailua-Kona, Nawai'i 96740
DATE: July 4, 2007
TO: Pete Hoffmann, Chair and
Members of the Hawaii County Counci]
~ui "
FROM: Brenda Ford, Council Member
District VII
SUBJECT: Transmitting Proposed Amendments to Bi1151, Drafr 4, An Ordinance Amending
Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition, as amended),
Relating to Stormwater Management
The main text of this transmittal communication exhibits District VII proposed
amendments to Bi1151, Draft 4 by ramseyering these proposed amendments against the existing
language and format of Bi1151, Draft 4. After each section I am proposing alterations to, I have
provided a brief write-up titled "SUMMARY" in an effort to illustrate the nature of the proposed
amendments}. If non-substantive, I will indicate so by noting the change as "Housekeeping" in
the "SUMMARY" portion.
Attached to this transmittal communication is a version of the proposed amendment that
is formatted with (a) existing language in chapter 27 of the Hawaii County Code appeazing as is,
(b} all language added via drafts 1-4 ramseyered but not bolded, and (c) language I am proposing
via this proposed amendment ramseyered and also bolded to delineate against the existing code
as well as additions/deletions accrued via drafts 1-4.
Please note that I have included in this transmittal communication only those sections and
subsections of Bi1151, Draft 4 to which I am proposing amendments. If a section, subsection,
paragraph, clause, etc. is not included within this transmittal communication that does NOT
mean that I intend for it to be deleted. It merely signifies that I am not proposing any changes to
the omitted section, subsection, paragraph, clause, etc.
Therefore, proposed amendments to Bi1151, Draft 4 aze as follows:
Comm. No. ~ ~ l2
Ref. To:~°iO°t 6u'
Ref. Date JUL
1~
~
Serving the Interests of the People of Our Island
Hawaii County Is An Equal Opportunity Provider And Employer
July 6, 2007
Page 2
1. 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 azeas by
provisions designed:
(g) To assist in notifying potential buyers that property is in an area of special flood
hazazd; (end]
(h) To ensure that those who occupy areas of special flood hazard assume
responsibility for their actions[:];
(i) To use current best management practices for the infiltration approach, where
applicable, to [sty-=::c~] floodplain management; to imitate and preserve the
natural hydrologic cycle; to move [ste[~n iveteF] floodwater more slowly [te
~edaee] by reducin¢ the speed, volume, and pollutant load over permeable surfaces
(soil, lava, grasslands, '~.=~l~..z~=~:~ om===c,] soil depressions, and through
forests), to allow the [ster~t iveter] floodwater to percolate into the ground within
azeas where the rainfall originally occurs[:];
[
o
~i
[(-k~] To increase - ` " ] Uublic safety by addin¢
freeboard to base flood elevations or other safety factors in specified azeas[:];
[
fLT !`°....rµ1 Dl
{k) To create and maintain accessibilitKof records and to assist reseazch pertaining to
flooding floodplains and historic ditches. Records shall include but be not limited
to applicable hermits watershed mks as they are developed and updated,
floodplain maps floodproofing certificates as required and any other mformarion
associated with floodplain management;
[
> >
~
[(-x)]{1) To promote a regional watershed-based approach as acost-effective means of
floodplain management[:];
[f~]~[
t'~ " ~ ]To require that an~alteration or
re location of a watercourse including_an historic ditch be engineered to be
capable of carrying at least its previous capacity[:];
[~j]{n)To provide rules and practices for floodplain management, and fines for violations
of such rules and practices, " a' a «
a
July 6, 2007
Page 3
7 i_n order to minimize flooding;
C~~DD ~ ~
11 F A. ....ti C.., ~ ....:F....,....
y.. _ _ _ ~
(ol To protect historic structures;
[~rj]~To preserve a portion of currently vacant FEMA floodplain as open space for
pazks, [g~eea-belts] greenbelts, floodways, and habitat flyways for endangered
species[.-]; and
{yl To imklement floodplain manaeement with obiectives to:
1. Improve water quality;
2. Develo,~ regional watershed-based apgroaches to manaeement of
resources;
3. Improve erosion and sedimentation control and use natural methods
whenever, possible;
4. Develop polices for stomtwater management;
5. Increase and improve recreational opportunities:
6. Protect agricultural resources;
7. Conserve endangered species and their habitats as part of our natural
heritage as well as for their scientific significance;
8. Developpoliciesthgt will maintain and re-establish forest areas: and
9. Maintain and refill aquifers through percolation whenever possible.
SUMMARY:
Housekeeping;
(h) Housekeeping;
(i) Change, add, or remove language to clarify;
(j) Eliminated old subsection (j) entirely. New subsection (j) is previous subsection
(k), with amendments.
(k) Add "freeboard" and "other safety factors" to increase elevation above potential
floodwater;
(7) Remove this particular reference to General Plan in compliance with NFIP
request, and replace with new section (l) to use watershed-based approach as
cost-effective;
(m) Delete language from old section (m) and re-alphabetize;
(n) Re-alphabetize old section (n) to new section (l);
(o) Re-alphabetize old section (o) to (m), and set standard
for capacity of
watercourse. Add new section (o) with new requirement;
July 6, 2007
Page 4
(p) Re-alphabetize old section (p) to section (n), and add reason for section. New
section (p) defines type offloodplain and corrects spelling;
(q) Deletes old section (q), and adds new section (q) with objectives for jloodplain
management.
2. Section 27-4. Scope and methods.
In order to accomplish its purposes, this chapter includes methods and provisions [fey] to:
(a) [Restrietiag] Restrict or Wig] rop hibit uses which aze dangerous to health,
safety, and property due to water or erosion hazazds, or which result in damaging
increases in erosion or flood heights or velocities;
(b) [I~g] Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of initial
construction;
(c) [Gelling] Control the alteration or relocation of natural floodplains, [stream
shexnels] watercowses, and natwal protective barriers, which help accommodate
or channel [Aesd-ivete~s] floodwaters;
(d) [Gelling] Control fill, grading, dredging, and other development which may
increase flood damage; [aodJ
(e) [Preventing] Prevent or [regulating] regulate the construction of flood barriers
which will unnatwally divert floodwaters or which may increase flood hazards in
other areas
(f) Develop a pro rg am to [~4ap] ma watersheds and their associated watercowses
[ to promote
effective floodplain management and to assist in mitigation of flooding;
(g) [ ]Require appropriate vegetative cover in high rainfall,
sediment, and debris producing azeas to reduce surface run-off in the watershed,
decrease the risk of watercowse obstruction, and reduce ocean pollution[:];
(h) Maintain [and], re-establish and preserve forest cover in mauka areas to improve
the capacity of the ground to absorb heavy rainfall and to rechazge aquifers[:];
(i) Establish and maintain floodplains as open space, pazks, greenways, and
endangered species habitat and flyways[:];
G) [
Reauire new subdivisions and developments to miti¢ate the difference between
the pre development dischazge amount and the post-development discharge
July 6, 2007
Page 5
amount based on the effected one-hour 25-veaz storm event. The standazd
created by this subsection shall prevail until such time that the Depaztment of
Public Works "Storm Drainage Standards" dated October 1970, or anv aroproved
revision is amended to conform to either the expected one-hour 25-veaz storm
event or to a hi¢her standazd if required by the floodplain administrator or this
chapter If there is a conflict between this chanter and anv other chanter, the more
restrictive standard shall apply:
[k) Develop mans of watersheds from the headwaters to their termini, indicating
watercourses (including historic ditchesl topographic information and areas of
hiehly erodable soils; and
~D Use the expected one-hour 25-veaz storm event standazd as a minimum base to
develoro floodplain regulations that would protect the public health, safety, and
welfaze for all new structures and critical facilities (except agricultural barns and
shedsl The obiective of these floodplain regulations shall be to:
Prevent residences from being surrounded by moving water during
floods:
Provide safe access to new residences by emergency vehicles and
eme~encv personnel;
Reduce the need to provide disaster relief services, which includes
the expenditure of count funds on shelters and rescue services for
victims of flooding;
Prevent one propertv owner from increasing flood damage to his or
her neighbors or to the community in general;
Prohibit filling or building on fill in the re ug
latory floodplain for all
new buildings;
Ensure new buildings in the regulatory floodplain shall be elevated on
columns or have flow-through crawl spaces or alternatives using
sound engineering practices without the use of fill;
Increase public safety by addi~ freeboard of at least one foot to base
flood elevations (BFE);
Require full disclosure to anv prospective buyer renter, or lessee of
the floodplain zone or hazard in which that propertv is located• and
Prohibit new critical facilities from being built in the regulatory
floodplain; and
Require critical facilities built in the 500-year floodplain to be (a)
elevated above the 500-year floodplain (b) constructed with a
minimum of one-foot of freeboard and (c) have elevated access
ranlp5•
July 6, 2007
Page 6
SUMMARY.•
(a) Housekeeping;
(b) Housekeeping;
(c) Housekeeping, and corrects spelling and clarifies actions to watercourses, corrects
incorrect words;
(d) Housekeeping;
(e) Housekeeping:
Caarifzes method to map watercourses and why;
(g) Changes language for vegetative cover, and gives reason why;
(h) Adds language to preserve forest cover;
(i) Housekeeping;
(j) New section (j) to establish 25 year storm event as the minimum mitigation between
pre-development and post-development discharge in subdivisions;
(k) New section (k) to require watershed mapping; and
(l) New section (1) to establish 25 year storm event as the minimum mitigation standard,
and regulations to increase public health, safety, and welfare.
3. Section 27-5. Applicability.
(b) This chapter shall annly to other azeas of flood hazazd:
(11 Zone X -shaded (moderate hazazd)
(21 Zone X -not shaded (minimal hazard)
[(h)](c)This chapter shall not apply to:
(4) ] Non-fenced, non-elevated outdoor
swimming pools.
SUMMARY.
(b) Establishes that areas other than regulatory floodplains shall be under the control of
this chapter; and
(c) Correct spelling and re-alphabetize.
4. Section 27-12. Definitions.
"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: L1 a
cleazly defined channel does not exist; u the path of flooding is unpredictable and
indeterminate; and (3~ velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
July 6, 2007
Page 7
"Base flood elevation BFE "means the water surface elevation of the base flood.
"Channel" means the bottom and both sides of a watercowse.
"Critical facilities" means:
(A) Stnxctwes or facilities that produce use or store hiehly volatile,
flammable explosive toxic and/or water-reactive materials;
(B) Hos~tals nwsin¢ homes and housine likely to have occupants who may
not be sufficientlymobile to avoid injury or death during a flood;
Police stations fire stations vehicle and~uipment storaee facilities and
emerQenc~operations centers that aze needed for flood response activities
before dwins and after a flood; and
(D) Public and private utility facilities that aze vital to maintainine or restoring
normal services to flooded azeas before, during and after a flood.
"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structwes, or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
"Federal Inswance Administration (FIA) or Federal Emeraency Mana¢ement Agency
(FEMA)" means the federal a¢encv responsible for administerins and enforcin¢ federal
floodplain mana¢ement regulations.
"Flood, flooding, or 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 sowce [
sterrent]; and
"Floodplain or flood-prone area" means any land area susceptible to being inundated by
water ''r..~.~~ ° r ]from any sowce (see definition of
"flooding").
July 6, 2007
Page 8
"Floodplain management regulations" means zoning ordinances, subdivision regulations,
building codes, health regulations, and special purpose ordinances Bch as a floodplain
ordinance or an erosion and sedimentation control ordinance) and other applications of
police Hower The term describes such state or local regulations in anv combination
thereof which provide standards for the puroose of flood damage prevention and
reduction.
"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 azeas that must be reserved in order to discharge the base flood
without cumulatively increasine the water surface elevation.
"Flvwav" means the route followed by birds insects and bats within their habitat ranee.
Flyway routes may follow topoeraphical features such as• coastlines, mountains, craters,
vallevs specific trees or other vegetation and watercourses.
"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 yeazs. Buildings that aze permitted to be constructed
below the base flood elevation aze subject during all those years to increased risk of
damage from floods, while future owners of the property and 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
structures can be insured only at very high flood insurance rates.
"Greenbelt and gteenway" means a lineaz open space or natural area within or adiacent
t_o a watercourse used to connect people with parklands natural or historic sites, and/or
enhance and Qrotect recreational opportunities natural habitat and scenic azeas, protect
_water quality filter sediments and other pollutants prevent erosion establish corridors
for wildlife includine flvwavs and attract native species.
"Headwater(s)" means the water or source from which an identifiable watercourse or
historic ditch beeins.
July 6, 2007
Page 9
"Historic structure" means any structure that is:
(B) certified or preliminarily determined by the Secretazy of the Interior as
contributing to the historical significance of a registered historic district or a
district yreliminazily determined by the Secretary to aualify as a registered
historic district;
(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 [witl3] without
approved programs.
"Levee" means aman-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert
the flow of water [se-as] to provide protection from temporary flooding.
"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 increasine the water surface elevation.
"Special flood hazazd area" means an azea having special flood[,
.....a---~=~
~u~] or flood-related erosion hazards, and shown on the Flood Insurance Rate
Maps as Zones A, AO, AE, A99, AH, VE or V.
"Substantial improvement." For the purposes of this chapter, the detemunation 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 hazazd azea 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 mazket 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 ten yeazs including the cost of the current work being
considered. This term includes structures which have incurred "substantial damage,"
regazdless of the actual repair work performed. The term does not, however, include
eithetf_]
[{t~] ~ 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
July 6, 2007
Page 10
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."
"Watershed" means a bounded hydrologic system[;] where all of the water, whether
subterranean or surface, may drain into rivers streams, lakes, intermittent watercourses,
estuaries, wetlands, aquifers, and ultimately into the ocean, and which is linked by that
common drainage. Watersheds supply drinking water, are essential to a healthy ecology
for plants and animals, provide recreation and respite, and sustain life.
"Zone D" designates unstudied areas where flood hazards aze undetermined: but oossible.
"Zone X (shaded)" [are-t~reesJ is an area of moderate flood hazard corresponding to azeas
of the five-hundred-yeaz floodplain, areas of one-hundred-yeaz flooding where average
depths are less than one foot, azeas of one-hundred-yeaz flooding where the contributing
drainage azea is less than one squaze mile, and azeas protected from the one-hundred-year
flood by levees.
"Zone X (not shaded)" [ere-areas] is an area of minimal flood hazazd corresponding to
azeas outside of the five-hundred-yeaz floodplain. Base flood elevations or depths have
not been determined for Zone X knot shaded).
•J
SUMMARY.•
"Area of shallow flooding" -Housekeeping (improve style and formatting);
"Base flood elevation (BFE) " -Housekeeping (created acronym for convenience);
"Channel " -New definition;
"Critical facilities"-new definition with paragraph style formatting;
"Encroachment" -Housekeeping;
"Federal Insurance Administration (FIA) or Federal Emergency Management Agency
(FEMA) " -Add new definition and used acronyms for convenience;
"Flood, flooding, or floodwater" removed language per DPW request;
July 6, 2007
Page 11
"Floodplain or flood
prone area" removed language that included the entire island of
Hawai `i;
"Floodplain management regulations"-Expanded definition for clarity;
"Floodproofing" -Housekeeping;
"Floodway" or "regulatory floodway" - ;
"Flyway" -New definition;
"Fraud and victimization"-Added "structures" per NFIP request;
"Greenbelt and greenway" -New definition;
"Headwater(s) " -New definition;
"Historic structure" -Reformatted to outline format, and added language per NFIP
request;
"Levee " -Housekeeping (style issue);
"Regulatory floodway" -Replaced language per DPW,
"Special flood hazard area"-Removed mudslide language per DPW,•
"Substantial improvement. " -Housekeeping (format issue);
"Watershed " -Housekeeping (style issue);
"Zone D" -Modified definition from previous drafts and moved to appropriate area;
"Zone X (shaded) " -Corrected for incorrect verb tense;
"Zone X (not shaded) " -Corrected
for incorrect verb tense; and
"Zone D" -Housekeeping (changed definition and moved to appropriate area.
5. Section 27-16. Duties and responsibilities of the floodplain administrator.
(a) Permit review.
(3) All permits and proposals shall be reviewed to determine that site is
reasonably safe from flooding; [
.
e e
1+3H
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aild
r e e e
g~
July 6, 2007
Page 12
(4) For flood-prone azeas where special flood hazazd azeas have not been
defined water surface elevations have not been provided, and there is
insufficient data to identify the floodway or coastal high hazazd azeas but
the flood lain administrator has determined that there aze indications that
such hazazds aze present all new construction i~rovements to repetitive
loss structures and substantial improvements (including the placement of
-manufactured homed shall be:
(A) Designed and adequately anchored to prevent flotation, collapse, or
lateral movement;
{B) Constructed offlood-resistant materials;
(C) Constructed by methods and practices that minimize flood damage;
(D) Constructed with electrical heating, ventilation, rolumbine. air
conditioning- eauiroment and other service facilities that aze
designed and/or located to prevent water from entering or
accumulating- within the components during conditions of
floodine;
Be reviewed to assure that all necessary permits have been
received from those governmental agencies from which approval is
required by Federal or State law including_section 404 of the
Federal Water Pollution Control Act Amendments of 1972 33
U.S.C. 1334: and
(F) New and replacement utilities shall comply with the requirements
of section 27-19;
[~]~All permits shall be reviewed to determine that 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; and
o€-gul~ie-iver#s] Obtain comes of all State and/or Federal permits that aze
r~uired in association with individual Department of Public Works
(DPV~ roermit applications before granting any DPW permit. Failure of
the applicant to provide copies of such State and/or Federal roermits shall
result in denial and/or revocation of the applicant's DPW's permit(s).
SUMMARY:
(a)(3) Housekeeping. Removed provisions from draft 4 to a new paragraph 4 with
additional language;
(a)(4) Added language per DPW request;
(a)(5) Housekeeping (paragraph renumbered); and
(a)(6) Added language setting permit conditions.
July 6, 2007
Page 13
(b) Information to be maintained.
(7) [ ,
er~i~anee:] Maintain conies of all State and/or Federal permits that aze
required in association with Depaztment of Public Works' (DPW)
individual Hermit application and file by TMK(s). Additionally. DPW
shall:
(A) Use adequate internal controls to safeeuazd and preserve the
functional inteerity of the applicant's file• and
(B) C~v all State and/or Federal permits associated with the DPW
permit application Those State and/or Federal permit copies shall
be kept with the original Tax Ma~Key (TMK) file. Should any
TMK be subdivided copies of those State and/or Federal permits
shall be maintained with the new TMK's.
SUMMARY.'
(b)(7) Add language requiring maintenance of applicable State and Federal records.
(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 appeazs to be a conflict between a mapped
boundazy and actual field conditions). A person contesting the location of
the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in article 5[~];
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 prepazed by an
applicant or an applicant's agent.
SUMMARY:
(c)(I) Housekeeping (new numbering format and punctuation alteration at end); and
(c)(2) Housekeeping (new numbering format).
(f) Whenever [a] ~ watercourse is to be altered or relocated:
(1) Require that the [#Iee~g] flood-carrvine capacity of the altered or
relocated portion of said watercourse [
F w " ~a ] is maintained:
(2)
July 6, 2007
Page 14
~i'om?cxxxxxa~tr~toir-rr ,7~ 1 L'.... ..De A,T,.«,...o«an...~ A..e.. l
When a BFE may chanee within a special flood hazard area. the applicant
shall provide technical and scientific data as required by the floodplain
administrator includine roreroazation of an
a~alication for a Conditional
Letter of Ma~Revision (CLOMRI Within three davs of the time of
submission of a requested CLOMR the applicant shall:
(A) Provide written notification to the State of Hawaii department of
land and natural resources (commission on water resource
management) that an application for a CLOMR has been
submitted;
(B) Provide written notification to all adiacent property owners within
2000 feet or three tax map keypazcels whichever is greater, and all
property owners downstream of the proposed development to the
watercourse's termination whether the watercourse is terminates
on land or in the ocean that an application fora CLOMR has been
submitted;
(C) Provide notification to the general public through a newspaper of
general circulation to the area for which a CLOMR has been
submitted including a map of sufficient size to identify the azea of
the proposed CLOMR:
~D) Submit evidence of the above required notifications to the
floodklain administrator and the FIA/FEMA:
(3) The applicant and/or the applicant's agents shall not begin any on-site
development until an approved Conditional Letter of Map Revision is
received from the FIA/FEMA;
i4) Within sixthdavs of the completion of the alteration or relocation of a
watercourse (not the entire development) the applicant shall submit:
~L "as built" plans,
~BZ The application for a Letter of Map Revision (LOMRI, and any
other information required by the LOMR process to the floodplazn
administrator.
(Cl Failure to deliver the forgoing information to the floodplain
administrator bathe end of the initial sixty davs shall be a violatron
of this chapter and each additional day that the information is not
delivered shall be an additional violation of this chapter;
(5) Once the floodplain administrator receives the "as built" plans, the
application for a LOMR and any other information reamred by the
LOMR process the floodplain administrator or aparoronate designated
person(s) shall within six months of the completion of the alteration or re-
location of the watercourse:
July 6, 2007
Page 15
~l Make an independent determination of the representation(s) in the
"as built" plans that supported the granted CLOMR; and
~B) Notify the FIA/FEMA of the alteration or relocation of the
watercourse supplying the "as built" plans and any other
information required by the LOMR process• and
LCD Submit to FIA/FEMA the application for a Letter of Map Revision
in accordance with section 27-16(dl of this chapter, include the
~licant's documentation and include any information from the
floodplain administrator required by the LOMR process
SUMMARY:
Housekeeping;
(~(1) Spelling change, and replaced original language;
(n(2) Delete old section (fl(2), and add language to explain CLOMR/LOMR process;
(~(3) Add section requiring CLOMR before development affecting floodplain;
(~(4) Add section to specify time period for "as built" plans and other required
information; and
(~(5) Add section with regulations for LOMR process.
lh~ ~ 1. 11 1 a .,,:tl, sl,e nl,.,.,i Dl.,:., ~ n,(....,.,..,,«. e.,t
I~eg]Develop a flan for each regulatory floodplain and historic ditch that
includes a designated unobstructed watercourse to carry water from its headwater
to its termination. Each plan shall:
Map the floodplain or historic ditch using its highest known BFE based on
Federal Insurance Rate Mates (as amended), flood studies, local
knowledge or any other method acceptable to the floodplain
administrator;
Preserve the forests from which headwaters originate;
Include a minimum carrying capacity for at least aone-hundred-year
storm event (base flood) for each regulatory floodplain;
Prevent encroachment by development;
Include provisions to slow the velocity of the water, and allow for
percolation of water into the aquifer usingsound engineering practices;
Include input from the Natural Resource Conservation Service and the
local Soil and Water Conservation District; and
Comply with provisions of section 27-4.
July 6, 2007
Page 16
SUMMARY.•
(h) Change language to require Jloodplainpian;
(h)(1) Add section to map floodplain using any available information;
(h)(2) Add section to preserve the forest and why;
(h)(3) Add section to define the minimum capacity of a regulatory floodplain;
(h)(4) Add section to prevent encroachment;
(h)(5) Add section to define percolation and practices;
(h)(6) Add section to use information from the Natural Resource Conservation Service
and the local Soil and Water conservation District; and
(h)(7) Add section requiring compliance with section 27-4.
6. Section 27-18. Standards for construction.
(d) Elevation and floodproofing.
(1) Within Zones AE and AH:
(A) For residential new construction, improvements to repetitive
loss structures, and substantial improvements[a],
[q=ke] the lowest floor shall be elevated to [a-rnir~i-e~exe
€eet-al~eve] 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[:],
[~He] the lowest floor shall be elevated or floodproofed to [a
]the base flood elevation In us 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, constructed, and
certified by a [lisexsed] professional civil engineer or azchitect
licensed in the State of Hawaii such that:
(D) Fully enclosed azeas below the lowest floor that aze useable
solely for parking of vehicles, building access, or storage in an
area other than a basement and which aze 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] professional civil engineer or
azchitect licensed in the State of Hawaii 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 azea. The
July 6, 2007
Page 17
bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit
the automatic entry and [exist] exit of floodwaters.
(2) Within Zone AO:
(A) For residential new construction, improvements to repetitive
loss structures, and substantial improvements[s],
[fie] the lowest floor shall be elevated above the highest
adjacent grade at least one foot above the depth number
specified in feet on the FIRM plus a freeboard of at least one
foot, or at least three feet if no depth number is specified.
(B) For nonresidential new construction, improvements to
repetitive loss structures, and substantial improvements[a],
[eke] the lowest floor shall be elevated or floodproofed above
the highest adjacent grade at least one foot above the depth
number specified in feet on the FIRM[,] plus a freeboard of at
least one foot, or at least 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 sanitazy facilities, shall be designed,
constructed and certified by a [lieexsed] professional civil
engineer or azchitect licensed in the State of Hawaii, such that:
(51 Within Zone X (shaded):
iAl For new construction the lowest floor shall be elevated at least
two feet above the highest adiacent grade.
(Bl New construction shall be reouired to provide adeuuate drainage
oaths azound structures on sloes to guide floodwater azound and
away from proposed structures.
(Cl Improvements to repetitive loss structures and substantial
improvements shall comply with the standards of section 27-24.1
Standazds for Zone X.
(61 Within Zone X (not shaded):
(Al For new construction the lowest floor shall be elevated at least
one foot above the highest adjacent grade.
(Bl New construction shall be required to provide adequate drainage
paths azound structures on slopes to guide floodwater azound and
awa~from proposed structures.
July 6, 2007
Page 18
Improvements to repetitive loss structures, and substantial
improvements shall comply with the standazds of section 27-24.1
Standazds for Zone X.
SUMMARY.
(d)(1)(A) -Establish minimum freeboard;
(d)(1)(B) -Establish minimum freeboard,•
(d)(1)(D) -Clarify licensing requirement;
(d)(Z)(A) -Establish minimum elevation above adjacent grade;
(d)(2)(B) -Establish minimum elevation above adjacent grade;
(d)(5)(A) -Add section for elevation above adjacent grade for Zone X (shaded);
(d)(5)(B) -Add section for drainage paths;
(d)(5)(C) -Add section for repetitive loss structures;
(d)(6)(A) -Add section for elevation above adjacent grade for Zone X (not shaded;
(d)(6)(B) -Add section for drainage paths; and
(d)(6)(C) -Add section for repetitive loss structures.
(e) Certification requirements. All new construction improvements to repetitive
loss structures, and substantial improvement within areas of special flood hazard
shall be certified as required by the standards of section 27-17.
SUMMARY.•
(e) -added language regarding improvements to repetitive loss structures.
7. Secrion 27-20. Standards for subdivisions and other developments.
(a) All new subdivisions and other developments within aeeas of special flood
hazazds hones AE, "AH, AO, V, and VEl and flood-prone azeas where social
flood hazazd areas have not been defined water surface elevations have not been
~ovided and there is insufficient data to identify the floodwav or coastal hieh
hazazd areas but there aze indications that such hazards aze present as determined
by the floo~lain administrator, shall;
(2) Have public utilities and facilities, such as sewer, gas, electrical, and water
systems, located and constructed to minimize flood damage; [end]
(3) Have adequate drainage provided to reduce exposure to flood damage[.];
July 6, 2007
Page 19
(4) Construct all buildings with a freeboazd of at least one foot above the base
flood elevation[.];
~S,j The floodnlain administrator shall require copy and maintain all
necessazypermits from those g_ovemmental agencies from which approval
is required b~ ederal or State law includine section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334• and
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 for each of the lots.
SUMMARY:
(a) -Clarify zones of special Mood hazard, and add language other areas;
(a)(2) -Housekeeping;
(a)(3) -Housekeeping;
(a)(4) -Add language for freeboard;
(a)(5) -require maintenance of State and Federal permits; and
(a)(6) -Add new section establishing minimum subdivision size for BFE .
d
~~g] All new subdivision proposals and other proposed
developments within azeas designated as Zone A or general floodnlain, or a flood-
prone area where special flood hazazd areas have not been defined, water surface
elevations have not been provided and there is insufficient data to identify the
floodwav or coastal high hazard azeas but the floodplain administrator has
determined that there aze indications that such hazazds aze present, shall comply
with the following:
(1) [ ~ >
i n~~ as TT C i zap c n ,.~a t,e.. ae..vi,....,.e..«..
, St31~-fi6$k8S-t9-~1i8
e
Be consistent with the need to
minimize flood damage;
(2) [
r
_Have public utilities and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage;
(3) [ Have adequate drainage
July 6, 2007
Page 20
provided to reduce exposure to flood damaee;
(4) Comply with the requirements of section 27-24;
Construct all buildines with a freeboard of at least one foot above the base
flood elevation:
(6) The floodQlain administrator shall require cogv and maintain all
necessary permits from those eovernmental agencies from which approval
is required by Federal or State law including section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; and
(7) For all proposed developments and/or subdivisions ereater than either two
lots or one acre the develoker and/or subdivider shall include base flood
elevation data for each of the lots.
SUMMARY:
(d) - Delete old section (dJ and replace language and sequence of information;
(d)(1) -Delete old section (d)(1) and add new language to minimize flood hazard;
(d)(2) -Delete old section (d)(2) and add new language to protect utilities;
(d)(3) -Delete old section (d)(3) and add new language for adequate drainage;
(d)(4) -Add new section to comply with section 27-4;
(d)(5) -Add new section to add freeboard;
(d)(6) -Add new section to maintain State and Federal permits; and
(d)(7) -Add new section to establish minimum number of lots for BFE.
(e) [
« »
All new subdivisions and other developments within azeas desienated as Zone X
(shadedl or Zone X (not shadedl shall comply with the followin¢:
(1) The floodplain administrator shall require, copv, and maintain all
necessary permits from those governmental agencies from which approval
is required by Federal or State law including section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33 U.S.C: 1334; f
July 6, 2007
Page 21
~2~ For all proposed developments and/or subdivisions:
iA) Zone X (shaded) -For new construction, the lowest floor shall be
elevated at least two feet above the hi est adjacent Qrade, and
shall be required to provide ad~uate drainase paths azound
structures on slopes to ¢uide floodwater azound and awav from
proposed structures.
~B) Zone X (not shaded) -For new construction, the lowest floor
shall be elevated at least one foot above the hishest adiacent
grade and shall be required to provide adequate drainaee paths
around structures on slopes to guide floodwater azound and awav
from proposed structures.
(3) Comply with the reouirements of section 27-24.1.
SUMMARY:
(e) - Delete old section (e) per DPW, and add language to include Zone X
requirements;
(e)(1) -Add new section requiring maintenance of State and Federal permits;
(e)(2) -Add new section with specifications for elevation; and
(e)(3) -Add new section to comply with section 27-24- i
/1/ row loll 1. .7' .7 ' ~ .7 11 Fl I. ..~l.e.. .........,::od
..ala«n4i -u41..~.~.. 'r{,u .~u .ah «1 nl,nll n4 .,14ur•`L,u ..u w„~„1 w«,.,i... n~.+ «..Hu,.,,
. All develoQments requiring a site drainaee plan
under section 25-2-72(31 shall submit such a plan for review and approval by the
director of public works.
(1) The site drainage plan shall comply with sections 27-20(a) and fb) and
section 27-24 and shall include a storm water disposal system to contain
run off caused by the proposed development within the site boundaries,
to the expected one hour twenty-five-veaz storm event, as shown in the
Department of Public Works "Storm Drainaee Standazds:' dated October
1970 or anX approved revision unless those standazds specify a ereater
recurrence interval;
(2) The amount of expected runoff shall be calculated accordin¢ to the
Department of Public Works "Storm Drainaee Standazds," dated October
1970 or any approved revision or by any nationally-recoenized method
meetin¢ with the approval of the director of public works; and
Runoff calculations shall include the effects of all improvements.
(4) Anv exceptions to the recLuirement for a site drainaee plan shall minimize
_floodine to the maximum extent possible usin¢ best management
,practices The development shall not alter the eeneral draina¢e pattern
above or below the development Provided that no watercourse runs
throush the kroperty these exceptions shall include:
July 6, 2007
Page 22
(A) Those ~roiects that the floodplain administrator deems necessary
for public health safety or welfaze; and
Non-substantial improvements to any building_
SUMMARY.•
-Add new section regarding site drainage standards;
(J)(1) -Add new section with twenty-five year storm event minimum;
(~(2) -Add new section defining standard
for calculating runoff
(~(3) -Add new section requiring all improvements be part of calculation; and
(~(4) -Add new section to define best management practices.
b'•
i~~ a s a- i w n w.,..,, Fl,,,.a vie...,.;~e~~ot~
Stormwater shall be disposed into drvwells infiltration basins or other approved
infiltration methods The development shall not alter the general drainage
pattern above or below the development.
SUMMARY:
-Add new section for disposal of stormwater .
8. Section 27-23. Standards for coastal high hazard areas.
(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 at least the base flood [level] elevation with a freeboazd 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 equaled or
exceeded in any given yeaz.
SUMMARY.
(b) -Add language to define minimum freeboard.
July 6, 2007
Page 23
9. Section 27-24. Standards for general floodplain (A).
SUMMARY;
(h) -removed subsection (h) entirely.
10. NOTE: This is an entire new section within the bill, thus I have included the SECTION
number and the prefatory language to follow.
SECTION 16 Chagter 27 article 4 section 27- Hawaii County Code 1983 (2005
edition) as amended is hereby added to read as follows:
Section 27- Standards for Zone X (shaded and not shaded).
Zone X (shaded) is an azea of moderate flood hazard and Zone X (not shaded) is an
azea of minimal flood hazazd. Base flood elevations have not been determined for either
Zone X.
(al To determine the locations of floodwavs or historic ditches within either Zone
X
the director of public works may obtain review and reasonably utilize any base
flood elevation and floodwav data available from a Federal State, historic or local
information or other source including_information requested of a Hermit
applicant.
fib) Development or subdivision proposals shall conform to the requirements of
section 27-18 and 27-20.
(c) The followinc information shall be~rovided by a permit applicant to the director
of public works to evaluate the proposed construction or improvement site within
a Zone X area:
(1) Proiect location and site plan showins dimensions.
(2) Relationship to one-hundred-veaz and five-hundred-veaz floodwav and
floodwavfringes as determined by FIRMS local or historic information.
~3Z Contour map showing the topoasaphv of existine around based on
elevation reference marks on flood maps The scale and contours aze to be
appropriate to the work in question.
Existing, highest adiacent exade(s) and adequate drainase paths azound
structures on slopes to Quide floodwater azound and away from proposed
structures.
(5) Existing and proposed floodproofin~ and flood control measures.
(d) The director of public works may require additional information if the director of
public works has insufficient information to make an evaluation and
determination reeazdin~ flood hazards or may request further information,
. _._..,~......L _
July 6, 2007
Page 24
includinga detailed flood elevation study and a draina¢e report to evaluate flood
risks and determine the applicability of flood construction and development
standazds.
SUMMARY.'
Section 27-_. -Add new section to include Zone X,•
(a) -Add new section to gather information from any source;
(b) -Add new section to require conformity to section 27-18 and 27-20;
(c) -Add new section with permit requirements;
(c)(1) -Add new section requiring site plan;
(c)(2) -Add new section requiring location offloodways;
(c)(3) -Add new section requiring topographic map;
(c)(4) -Add new section requiring highest adjacent grades;
(c)(S) -Add new section existing and proposed floodproofing and flood control
measures; and
(d) -Add new section granting authority to director of
public works to require
additional information.
11. NOTE: Entire SECTION and prefatory language included as SECTION number changed
due to addition of new section.
SECTION [~6] 17. Chapter 27, article 4, section 27-25, Hawaii County Code 1983
(2005 edition), as amended, is hereby amended to read as follows:
Section 27-25. Standards for development adjacent to drainage facilities.
(a) Upon request by the [Tke] director of public works, further [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 [lieensed]
professional civil engineer licensed in the State of Hawaii, shall be provided to
evaluate potential flooding.
[
SUMMARY:
SECTION [~J 17. Housekeeping;
Section 27-25
(a) -Replace original language, and correct licensing requirements.
(d) -remove entirely.
NOTE: All remaining SECTION numbers containing prefatory language would be changed to
reflect the addition of the new SECTION 161 am proposing.
EXHIBIT A
(Bolding is for illustrative purposes only; to indicate differences between the approved
Draft 4 and this proposed amendment.)
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 "'^~1Q`,'~'^~] 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 minimizine nrouertv damaee through the
gursuit 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 hazazd;
(f) To help maintain a stable tax base by providing for the sound use and development
of azeas of special flood hazazd [se-as] to minimize future flood blight azeas;
(g) To assist in notifying potential buyers that property is in an azea of special flood
hazard; [end]
(h) To ensure that those who occupy azeas of special flood hazard assume
responsibility for their actions[.];
(i) To use current best management practices for the infiltration approach, where
UIa~
icable. to [steeter] flnodplain management to imitate and preserve the
natural hvdrolo@ic cycle; to move [stems wetert] floodwater more slowl [te
~edaee] ~ the speed volume and pollutant load over permeable
surfaces (soil, lava, ¢rasslands, [ soil depressions, and
thrnnah forests), to allow the [star-m water] floodwater to percolate into the
Around within areas where the rainfall orieinally occurs[.]g
u) [
To increase d ` " "'''°e`"=""'~1 public safari by
addine freeboard to base flood elevations or other safety factors in specified
areas[.]i
u
[
(k) To create and maintain accessibility of records and to assist research
pertainin¢ to floodine floodplains and historic ditches. Records shall include
but be not limited to applicable permits watershed maps as they are
developed and updated floodplain maps floodprooTina certificates as
required and any other information associated with floodplain manaeement:
[
]
[(n~](1)To promote a resional watershed-based approach as acost-effective means of
floodplain management[:];,
2
[f~31i~[
.]To require that any
alteration or re-location of a watercourse includin¢ an historic ditch, be
neineered to be capable of carrvine at least its previous caaacitv[:];
[(p)](n)To provide rules and practices for floodplain manaeement, and fines for
violations of such rules and practices, [ a ' " ° """'""a
"r••~~t~r-~~J in order to minimize floodin¢;
[T L 7.7.7.r L L.. "..awn" .:r"...,
L 6 1 L' L 31.....7:.... N. 1. ~7
f
(ol To protect historic structures:
[{-r}](plTo preserve a portion of currently vacant FEMA floodplain as open space for
vazks• [g~*een~elts] ¢reenbelts floodwavs and habitat flvwavs for endaneered
species[=1:.ansJ.
(q) To implement floodplain manaeement with objectives to:
1. Improve water quality;
2. Develop reeional watershed-based approaches to manaeement of
resources:
3. Improve erosion and sedimentation control, and use natural methods
whenever, possible:
4. Develop polices for stormwater manaeement:
5. Increase and improve recreational opportunities;
6. Protect agricultural resources;
7. _Conserve endaneered species and their habitats as part of our natural
heritage as well as for their scientific significance;
8. Develop policies that will maintain and re-establish forest areas and
9. Maintain and refill aquifers through percolation, whenever possible.
Section 27-4. Scope and methods.
In order to accomplish its purposes, this chapter includes methods and provisions [feF] to:
(a) [ItesErtieting] Restrict or [pfehibiting] rou hibit uses which are dangerous to
health, safety, and property due to water or erosion hazazds, or which result in
damaging increases in erosion or flood heights or velocities;
3
(b) [I~equifing] R_
eguire that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of initial
construction;
(c) [6eat~elling] Control the alteration or relocation of natural floodplains,
[s~E3+eam--eha~tnels] watercourses, and natural protective barriers, which help
accommodate or channel [fleed-water-s] floodwaters;
(d) [C-entt~sliing] Control fill, grading, dredging, and other development which may
increase flood damage; [snd]
(e) [greveating] Prevent or [regulating] re_ ¢ulate the construction of flood barriers
which will unnaturally divert floodwaters or which may increase flood hazards in
other areas
f(.}_ Develop a pro¢ram to [114ep] map watersheds and their associated watercourses
[ ] to
promote effective floodplain mana¢ement and to assist in mitieation of
floodine•
(E~-[ ]Require appropriate veeetative cover iri hieh rainfall,
sediment and debris Q;oducine azeas to reduce surface run-off in the watershed,
decrease the risk of watercourse obstruction, and reduce ocean pollution[.];
(hl Maintain [aed] re-establish and greserve forest cover in mauka azeas to
improve the capacity of the around to absorb heave rainfall and to rechazee
a
ug ifers[.]i
Establish and maintain floodplains as open space pazks ereenwavs, and
endaneered species habitat and flyways[~];
_Require new subdivisions and developments to mitieate the difference
between the pre-development dischar¢e amount and the post-development
discharee amount based on the expected one-hour, 25-year storm event. The
standard created by this subsection shall prevail until such time that the
Department of Public Works "Storm Drainaee Standards", dated October
1970 or any approved revision is amended to conform to either the expected
one hour 25-year storm event or to a hi¢her standard if required by the
floodplain administrator or this chanter If there is a conflict between this
chapter and any other chapter the more restrictive standard shall apply:
(kl Develop maps of watersheds from the headwaters to their termini, indicative
watercourses (includine historic ditches) topoeraphic information, and areas
of hiehly erodable soils: and
4
(1) Use the expected one-hour 25-veer storm event standard as a minimum base
to develop floodplain regulations that would protect the public health, safety,
and welfare for all new structures and critical facilities (except agricultural
barns and sheds) The objective of these floodplain regulations shall be to:
Prevent residences from being surrounded by moving water
during floods:
Provide safe access to new residences by emergency vehicles and
emergency personnel:
Reduce the need to provide disaster relief services, which
includes the expenditure of county funds on shelters and rescue
services for victims of flooding:
Prevent one property owner from increasing flood damage to his
or her neighbors or to the community in general;
Prohibit filling or building on fill in the regulatory floodplain for
all new buildings;
Ensure new buildings in the regulatory floodplain shall be
elevated on columns or have flow-through crawl spaces or
alternatives using sound engineering practices without the use of
fill:
~7 Increase public safety by adding freeboard of at least one foot to
base flood elevations BFE):
Require full disclosure to any prospective buyer renter, or lessee
of the floodplain zone or hazard in which that property is
located: and
Prohibit new critical facilities from being built in the regulatory
floodplain: and
Reauire critical facilities built in the 500-year floodplain to be (a)
elevated above the 500-year floodplain, (b) constructed with a
minimum of one-foot of freeboard, and (c) have elevated access
ram s.
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 azeas of special flood hazards identified by the
Federal Insurance Administration in a scientific and engineering report entitled
"Flood Insurance Study," dated [T••'•' 1O°~] Apri12, 2004, with
accompanying Flood Insurance Rate Maps and all [subsectueHt] future changes,
revisions and amendments[,] to these documents, and shall apply to all azeas
outside the identified special flood hazard azeas encompassing and adjacent to a
5
river, stream, stonnwater channel, outfall area, or other inland water or drainage
facility determined by the director of public works to be subject to flood hazards.
The special flood hazard areas are as follows:
{1) Floodway fringe -Zones AE, AH, and AO.
(2) Floodway.
(3) Coastal high hazazd (tsunami) - Zones V and VE.
(4) General floodplain -Zone A.
(5) Land adjacent to drainage facilities, and Zone A99.
(b) This cheater shall apply to other areas of flood hazard:
(11 Zone X -shaded (moderate hazardl
(2) Zone X -not shaded (minimal hazardl
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 aze
not in a floodway.
(4) [ ]Non-fenced, non-elevated outdoor swimming
pools.
(5) Signs [whisk] 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 [T~~'° A~ri12 2004 alonc with all subsequent revisions and
amendments, and the Flood Insurance Rate Maps, dated Auri12 2004, Mav 16. 1994,
July 16, 1990, and September 16, 1988, and all future chances. revisions, and
amendments to these documents, are hereby adopted and declared to be a part of this
chapter. [
6
eka] The Flood Insurance Study and Flood Insurance Rate Maps, [es-aenet~ded;] and
all future chaneesrevisions and amendments to these documents, are on file at the
Aupuni Center, Department of Public Works, 101 Pauahi Street, [l~eert~] Suite 7, Hilo,
Hawaii 96720.
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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 standazds, October 1970 edition, or later
revisions, of the County of Hawaii. This chapter, designed to reduce flood losses, shall
take precedence over any less restrictive, conflicting laws, ordinances, and regulations.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another chapter,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the event of a conflict between this chapter and the National Flood Insurance
Program and Related Regulations (NFIP), as amended, the [hFl'~] 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.
7
[(aj] 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.
[(-1~] "Accessory use" means a use which is incidental and subordinate to the principal
use of the pazcel of land on which it is located.
"Appeal" means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter or denial of a request for a variance.
"Area of shallow flooding" means a designated AO or AH zone on the Flood
Insurance Rate Map (FIRM). 1'he base flood depths range from one to three feet[}]
where: ~ a clearly defined channel does not exist; ~ the path of flooding is
unpredictable and indeterminate; and ~ velocity flow may be evident. Such flooding is
chazacterized 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
[leedivateF] floodwater conveyance or to restore the land to the natural contours existing
prior to excavation.
{(3)] "Base flood" means the flood having a one percent chance of being [equalled}
equaled or exceeded in any given yeaz (also called the "one-hundred-yeaz flood").
"Base flood elevation (BFE1" means the water surface elevation of the base flood.
{(~j] "Basement" means any area of the building having its floor subgrade (below
ground level) on all sides.
[(S)] "Breakaway walls" aze any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building
material which is not part of the structural support of the building and which is designed
to break away under abnormally high tides or wave action without causing any damage to
the structural integrity of the building on which they aze used or any buildings to which
they might be carried by [ilesd-wateFS:] floodwaters. A breakaway wall shall have a safe
design loading resistance of not less than ten and no more than twenty pounds per squaze
foot. Use of breakaway walls must be certified by a [registered] licensed structural
engineer or azchitect 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 and both sides of a watercourse.
"Coastal high hazard azea" -See "Zone V" and "Zone VE."
"Critical facilities" means:
(A) Structures or facilities that produce, use, or store hi¢hly volatile.
flammable, explosive, toxic and/or water-reactive materials:
B) Hospitals nursin¢ homes and housin¢ likely to have occuuants who
may not be sufficiently mobile to avoid iniury or death durine a flood:
8
(C) Police stations fire stations vehicle and equipment storaee facilities,
and emereencv operations centers that are needed for flood response
activities before, durin¢ and after a flood; and
(D) Public and private utility facilities that are vital to maintaining or
restoring normal services to flooded areas before, during and after a
flood.
{E19)] "Critical feature" means an integral and readily identifiable pazt of a flood
protection system, without which the flood protection provided by the entire system
would be compromised.
[(-1-}j] "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.
[(-1-~}] "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.
[(-~4~] "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.
"Federal Insurance Administration (FIAT or Federal Emergency Mapagement
Agency (FEMAI" means the federal agency responsible for administering and
enforcing federal floodplain management regulations.
"Fill" is the placement of fill material at a specified location to bring the ground
surface up to a desired elevation.
[(-~6)] "Fill material" can be natural sand, dirt, soil or rock. For the purposes of
floodplain management, fill material may include concrete, cement, soil cement, brick, or
similaz material as approved on a case-by-case basis.
[(-1~] "Flood, flooding, or [#Ieed-wateF] floodwater" means_
(A) a general and temporary condition of partial or complete inundation of
normally dry land azeas from;
(i) the overflow of inland or tidal waters,
(ii) the unusual and rapid accumulation of runoff or surface waters from
any source [
eur-rest]; and
9
(B) the collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accomyanied 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.
[(~-8)] "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 yeaz.
[(-1-9)] "Flood elevation study" or "flood study" means an examination, evaluation, and
determination of flood hazazds and, if appropriate, corresponding water surface
elevations, or an examination, evaluation, determination and flood-related erosion
hazazds.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazazds and the risk premium zones applicable to the
community.
"Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and
the water surface elevation of the base flood.
"Floodplain or flood-prone azea" means any land azea susceptible to being
inundated by water [ ]from any source
(see definition of "flooding").
[(~3)] "Floodplain administrator" is the individual appointed to administer and enforce
the Foodplain 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 prepazedness 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
Foodplain ordinance or an erosion and sedimentation control ordinance) and other
applications of aolice sower The term describes such state or local regulations, in
any combination thereof which arovide standards for the aurnose of flood damage
prevention and reduction.
[(~j] "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 azea 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,
10
levees, or dikes. These specialized flood modifying works are those constructed to
conform with sound engineering standards.
"Floodproofing" means any combination of structural and [aenstruetufal] non-
structural additions, changes, or adjustments to structwes which reduce or eliminate
flood damage to real estate or improved real property, water and sanitazy facilities,
structures, and their contents.
[(~S~] "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 [ ~
€eet] without cumulatively increasine the water surface elevation.
[(~9~J "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 birds insects, and bats within their habitat
ranee Flvwav routes may follow topoeraphical features, such as: coastlines,
mountains craters valleys specific trees or other veeetation, 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 yeazs. Buildings that aze permitted to be constructed
below the base flood elevation aze subject during all those yeazs 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), unawaze that it is subject to potential flood damage, and
the [prepert3~] structure(sl can be insured only at very high flood insurance rates.
[(31~] "Freeboard" means a factor of safety usually expressed in feet above a flood level
for purposes of floodplain management. "Freeboard" tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed.
[(3~] "Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that aze necessary for the loading and unloading of
cazgo or passengers, and [ship-leg} shipbuilding and ship repair facilities, but does
not include long-term storage or related manufacturing facilities.
[(33j] "General floodplain" -See "Zone A."
"Greenbelt and ereenwav" means a linear oven space or natural area within or
adjacent to a watercourse used to connect people with parklands. natural or historic
sites and/or enhance and protect recreational opportunities, natural habitat and
scenic areas protect water quality filter sediments and other pollutants. prevent
erosion establish corridors for wildlife includine flyways, and attract native
species.
11
[(34)] "Hazdship" as related to azticle 5, variances, of this chapter means the hazdship
that would result from a failure to grant the requested variance. The director of public
works requires that the variance be exceptional, unusual, and peculiar to the property
involved. Mere economic or Financial hazdship alone is not exceptional. Inconvenience,
aesthetic considerations, physical handicaps, personal preferences, or the disapproval of
one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these
problems can be resolved through other means, without granting a variance. This is so
even if the alternative means aze more expensive or complicated than building with a
variance, or if they require the property owner to put the pazcel to a different use than
originally intended, or to build elsewhere.
"Headwater(sl" means the water or source from which an identifiable watercourse
or historic ditch beeins.
[(33}] "Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
[{~Hj] "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 Secretary to gualifv as a registered historic
district;
(C) individually listed on a State of Hawaii inventory of historic places[;] where the
historic nreservation nroeram has been approved by the Secretary of the Interior; or
(D) individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
(i) by an approved State program as determined by the Secretary of the Interior, or
(ii) directly by the Secretary of the Interior in states [with] 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-as] to provide protection from temporazy 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 aze
constructed and operated in accord with sound engineering practices.
[(34)] "Lowest floor" means the lowest floor of the lowest enclosed azea (including
basement). An unfinished or flood resistant enclosure, usable solely for pazking of
vehicles, building access, or storage in an area other than a basement azea is not
considered a building's lowest floor provided that such enclosure is not built so as to
render the structure in violation of the applicable [nexelevatiex] non-elevation design
requirements of this chapter.
12
[(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."
[(4131 "Manufactured home pazk or subdivision" means a pazcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
[(4~)] "Market value," For the purposes of determining substantial improvement, mazket
value pertains only to the structure in question. It does not pertain to the land,
landscaping, or detached accessory structures on the property. For determining
substantial improvement, the value of the land must always be subtracted. Acceptable
estimates of mazket value can be obtained from the following sources:
(A) Independent appraisals by a professional appraiser[:] licensed bathe State.
[
(E3] ~ Property appraisals used for tax assessment purposes[:] by the Counri
denartment of finance real pronertv tax office.
[EB)] ~ 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
imnrovement ratio is less than fortypercent or greater than sixri uercent.
[ ,
i w u ~.,.....ea ]
[(43~] "Mean sea level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map aze referenced.
[(44)] "Minimum necessary" related to article 5, variances, of this chapter means the
minimum necessary to afford relief to the applicant of a variance with a minimum
deviation from the requirements of this chapter. In the case of variances to an elevation
requirement, this means the director of public works need not grant permission for the
applicant to build at grade, for example, or even to whatever elevation the applicant
proposes, but only that level that the director of public works believes will both provide
relief and preserve the integrity of this chapter.
[(4S)] "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.
13
[(46j] "New manufactured home pazk or subdivision" means a manufactured home pazk
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes aze to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after May 5, 1982.
[(47~] "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,
retazd, or change the direction and/or velocity of the flow of water, or due to its location,
its propensity to snaze or collect debris carried by the flow of water or its likelihood of
being carried downstream.
[(4~8)] "One-hundred-yeaz flood" means a flood which has a one percent annual
probability of being [equalled} equaled or exceeded. It is identical to the "base flood."
[(49)] "One-hundred-year floodplain" means any azea of land susceptible to being
inundated by water from any source generated by the one-hundred-yeaz flood.
[(3A}] "Primary frontal dune" means a continuous or neazly continuous mound or ridge
of sand with relatively steep seawazd and landward slopes immediately landwazd and
adjacent to the beach and subject to erosion and overtopping from high tides and wanes
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-p}] "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• (a1 built on a sinele chassis;
(b) 400 square feet or less when measured at the lazeest horizontal proiection;
(,c designed to be self-propelled or permanently towable by a lieht duty truck; and
(d) designed primarily not for use as a permanent dwellins but as temporarv hvm~
quarters for recreational camping travel or seasonal use.
[(-52)] "Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land azeas that must be reserved in order to discharge the base flood [~vtl~eet
without cumulatively inereasinE the water surface elevation.
"Repetitive loss structure" means home or business that was damased by flood two times
in the past ten years where the cost of fully repairing the flood damaee to the buildine.
on the average equaled or exceeded twenri-fivepercent of its mazket value at the tune 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 occumng accumulations of sand in ridges or
mounds landwazd of the beach.
[(33~] "Sheet flow area" -See "azea of shallow flooding."
14
[(36~] "Special flood hazard azea" means an azea having special flood [~sii~e-Ei.~
etu~ew}-seEUe~] 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.
"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
manufactured home on a foundation. Permanent construction does not include land
prepazation, 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 gazages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external dimensions of the
building.
[(38~] "Structure" means a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
[(39}] "Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal
or exceed fifty percent of the mazket value of the structure before the damage occurred.
[tom] "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 S, 1982 which
were not within a special flood hazard azea 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 azchitect 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,"
regazdless of the actual repair work performed. The term does not, however, include
either]1
f~ 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
15
~ any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure: '
[(6~] "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.
"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.
[(~3~] "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other
topographic feature on or over which waters flow at least periodically: Watercourse
includes specifically designated azeas in which substantial damage may occur.
"Watershed" means a bounded hvdroloeic svsteml~] where all of the water, whether
subterranean or surface may drain into rivers streams lakes, intermittent watercourses,
estuaries wetlands aquifers and ultimatelyinto the ocean and which is linked by that
common drainage Watersheds supply drinkine water are essential to a healthy ecoloey
for plants and animals,_provide recreation and respite, and sustain life.
[(b4~] "Zone A" is the special flood hazazd azea that corresponds to the one-hundred-
yeaz floodplains that aze determined in the Flood Insurance Study by approximate
methods. Because detailed hydraulic analyses aze not performed for such azeas, base
flood elevations or depths have not been determined within this zone.
[(ti3}] "Zone AE" is the special flood hazard azea that corresponds to the one-hundred-
year floodplains that aze 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 azea that corresponds to the areas of one-
hundred-yeaz 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 with
in 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 aze 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 hazazd azea where enough progress has been
made on a protective system, such as dikes, dams, and levees, to consider it complete for
insurance rating purposes. Base flood elevations have not been determined for azeas
designated as Zone A99.
16
"Zone D" desi Hates unstudied areas where flood hazards are undetermined but
possible.
[{-69)] "Zone V" is the special flood hazard azea 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 azea 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
azeas designated as Zone V.
"Zone VE" is the special flood hazard area that corresponds to the one-hundred-
yeaz coastal floodplains extending from offshore to the inland limit of a primary frontal
dune along an open coast and any other azea subject to high velocity wave action from
storms or seismic sources. It is an azea subject to high velocity waters, including coastal
and tidal inundation or tsunamis. Whole-foot base flood elevations derived from the
detailed hydraulic analyses have been determined at selected intervals within this zone.
"Zone X shaded " .D a ' [are-areas] is an area
ofj=-(t~)] moderate flood hazard corresponding to azeas of the five-hundred-yeaz
floodplain, areas of one-hundred-yeaz flooding where average depths are less than one
foot, areas of one-hundred-year flooding where the contributing drainage area is less than
one squaze mile, and areas protected from the one-hundred-year flood by levees[;-{~
] .
"Zone X (not shaded)" [eye-areas] to An ArP~ of minimal flood hazazd correspondine to
azeas outside of the five-hundred-veaz floodplain Base flood elevations or depths have
not been determined for Zone X (not shadedl.
[ u n
has a a . °a ~:,,~°-1
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:
17
(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[;--axd] [aed-r~}uir~ia
r ~ a• .............r..,....,...ati.....,.~~ ~~...n
----e
damagel-and
•
For flood-crone areas where special flood hazard areas have not been
defined water surface elevations have not been provided, and there is
insufficient data to identify the floodwav or coastal high hazard areas
but the flood plain administrator has determined that there are
indications that such hazards are present all new construction,
improvements to repetitive loss structures and substantial
improvements (including the placement of manufactured homes) shall
be:
(A) Designed and adequately anchored to prevent flotation,
collapse, or lateral movement;
(B) Constructed of flood-resistant materials;
(C) Constructed by methods and practices that minimize flood
damage:
(D} Constructed with electrical heating, ventilation, plumbing, air
conditioning equipment and other service facilities that are
designed and/or located to prevent water from entering or
accumulating within the components during conditions of
flooding•
(E) Be reviewed to assure that all necessary permits have been
received from those governmental agencies from which
approval is required by Federal or State law, including section
404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1334: and
18
{F) New and replacement utilities shall comply with the
requirements of section 27-19;
((~]~All permits shall be reviewed to determine that 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[.-]
11 C4 4 .1 T~.1 1 :4.. ..4..~1 ....4L 4L.. ~Q
\v1 r
] Obtain conies of all State and/or Federal
hermits that are required in association with individual Department
of Public Works (DPW) hermit applications before ¢rantine any
DPW permit Failure of the applicant to provide conies of such State
and/or Federal hermits shall result in denial and/or revocation of
applicant's DPW's hermit(s).
(b) Information to be maintained.
(1) The Flood Insurance Study and Flood Insurance Rate Maps for the County
of Hawaii;
(2) The certification of lowest floor elevation;
(3) The certification of floodproofing for spaces below the base flood
elevation;
(4) The certification of final pad elevation where a site is filled above the base
flood elevation;
(5) The certification that an encroachment in the floodway will not result in
any increase in flood levels during base flood dischazge; and
(6) The certification of elevation and structural support for structures in the
coastal high hazazd area.
L.) (
e~dina~ecs] Maintain copies of all State and/or Federal permits that
are required in association with Department of Public Works' (DPW)
indivfdual hermit application and file by TMKIs). Additionally. DPW
shall:
(A) Use adequate internal controls to safeeuard and preserve the
functional inteerity of the applicant's file: and
B) Cohv all State and/or Federal hermits associated with the
DPW hermit aholicarion Those State and/or Federal hermit
copies shall be kept with the original Tax Mah Kev (TMK) file.
Should any TMK be subdivided. copies of those State and/or
Federal hermits shall be maintained with the new TMK's.
(c) Interpretation of maps.
19
The director of public works shall make interpretations where needed, as
to the exact location of the boundaries of the areas of special flood hazazds
(for example, where there appears to be a conflict between a mapped
boundary and actual field conditions). A person contesting the location of
the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in article 5[~]; and
The director of public works the floodplain administrator or designated
person(sl shall make an independent determination of the representation(s)
contained within any FEMA maw revision request prepazed by an
a~licant or an apkiicant's agent.
Chan e in base flood elevations Whenever base flood elevations increase or
decrease as a result of physical chances affectin ,
fl~ oodine 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 chances by submitting_technical or scientific data through
the Letter of Map Revision process Such a submission is necessary so that upon
confirmation of those ,Qhvsical changes affecting flooding conditions, risk
premium rates and floodklain 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.
[(e)] ~f Whenever [a] a~watercourse is to be altered or relocated:
(1) Require that the [Aeed~er-r~eag] flood-carrvine capacity of the altered or
relocated portion of said watercourse [is-meintai~?ed;] [be-msieteined-at
] is maintained;
~2) I ~
7 A L`..de ..l L'...o.. l~.r ..a ~ , 7
e.. 1
When a BFE may chance within a special flood hazard area, the
applicant shall provide technical and scientific data as required br the
floodplain administrator includine preparation of an application for
a Conditional Letter of Map Revision (CLOMRI. Within three days of
the time of submission of a requested CLOM_R. the applicant shall:
20
(A) provide written notification to the State of Hawaii department
of land and natural resources (commission on water resource
manaeement) that an application fora CLOMR has been
submitted;
(B) provide written notification to all adjacent property owners
within 2000 feet or three tax map key parcels whichever is
ereater and all properly owners downstream of the proposed
development to the watercourse's termination, whether the
watercourse is terminates on land or in the ocean, th_ at an_
application fora CLOMR has been submitted:
(C) provide notification to the ¢eneral public throueh.a newspaper
~f general circulation to the area for which a CLOMR has
been submitted including a map of sufficient size to identify the
area of the proposed CLOMR;
(D) submit evidence of the above required notifications to the
floodplain administrator and the FIA/FEMA;
(3) The applicant and/or the applicant's a¢ents shall not besin any on-site
development until an approved Conditional Letter of Mao Revision is
received from the FIA/FEMA;
,4) Within sixty days of the completion of the alteration or relocation of a
watercourse (not the entire development). the applicant shall submit:
(A) "as built" plans.
(B) the application for a Letter of Map Revision (LOMRI, and any
other information required by the LOMR process to the
floodplain administrator.
(C) Failure to deliver the fore¢oine information to the floodplain
administrator by the end of the initial sixty days shall be a
violation of this chapter and each additional day that the
information is not delivered shall be an additional violation of
this chapter;
(5) Once the floodplain administrator receives the "as built" plans, the
application for a LOM1t• and any other information required by the
LOMR process the floodplain administrator or appropriate
desienated person(sl shall within six months of the completion of the
alteration or re-location of the watercourse:
(A) make an independent determination of the representation(s) in
the "as built" plans that supported the ¢ranted CLOMR; and
fB~, notify the FIA/FEMA of the alteration or relocation of the
watercourse supplyin¢ the "as built" plans and any other
information required by the LOMR process; and
21
(C) submit to FIA/FEMA the aaplication for a Letter of Map
Revision in accordance with section 27-16(dl of this chapter,
include the applicant's documentation. and include anv
information from the floodplain administrator required by the
LOMB process.
jg,) Take action to remedy violations of this chapter as specified in article 6.
(h) [
1?regrem~] Develop a plan for each reeulatorv floodplain and historic ditch
that includes a desi¢nated unobstructed watercourse to carry water from its
headwater to its termination. Each plan shall:
Map the floodplain or historic ditch usin¢ its hiehest -known BFE
based on Federal Insurance Rate Maas (as amended), flood studies,
local knowledee or anv other method acceptable to the floodplain
administrator;
Preserve the forests from which headwaters orieinate to prevent
floodin¢;
Include a minimum carrvin¢ capacity for at least cone-hundred-veer
storm event (base flood) for each reeulatorv floodplain;
Prevent encroachment by development into the reeulatorv floodplain;
Include provisions to slow the velocity of the water, and allow for
percolation of water into the aquifer usin¢ sound eneineerine
practices;
~j Include input from the Natural Resource Conservation Service and
the local Soil and Water Conservation District; and
7~ Comply with provisions of section 27-4.
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 azeas 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 welfaze and safety:
(1) Certification of building plans. Each set of building plans shall be certified
by a structural engineer or azchitect, currently [registered] licensed in the
22
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 hazazds azea 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 Hazazd
Certification" shall be submitted for approval with the building plans.
(4) Floodproofmg certification. For al] new nonresidential construction and
substantial improvement with enclosed azeas 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 regazding the
floodproofing design from the permit applicant and the applicant shall
provide it. The information required may include the design data and
calculations used in the floodproofing design, a detailed flood elevation
study, a drainage report, and other information as determined necessary by
the duector 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 welfaze and
safety:
(1) Elevation certification. The Federal Emergency Management Agency
"Elevation Certificate," as amended, shall be completed and.certified by a
land surveyor, civil engineer, or azchitect currently [registered] 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 I1. 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 aze established as
follows:
(a) Anchoring.
(1) New construction improvements to repetitive loss structures, and
substantial improvements shall be adequately anchored to resist
23
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
standazds for structures.
(b) Construction materials and methods.
(1) New construction improvements to repetitive loss structures, and
substantial improvement shall be constructed with materials and utility
equipment resistant to flood damage.
(2) New construction improvements to repetitive loss structures, and
substantial improvement shall be constructed using methods and
practices that minimize flood damage.
(3) New construction improvements to repetitive loss structures, and
substantial improvement shall be designed and constructed with
electrical, heating, ventilation, plumbing, air-conditionirig 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
aze located above the base flood elevation.
(4) Within Zones V and VE, new construction improvements to repetitive
loss structures, and substantial improvements shall comply with the
standazds 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 da~or be fully licensed and highway ready.
(c) Filling.
(1) Within a floodway, [€tlli33g] 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 [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 dischazge.
Require until a reg_ulatorv floodwav 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.
~ Within all zones of special flood hazazds, but not including Zone AE and
floodways, filling which would result in the blockage or impediment of
flow and/or induce or aggravate flooding shall be prohibited unless
certified by a professional civil engineer [registered] licensed in the
State of Hawaii, with supporting data, that the encroachment will not
cause any increase in base flood elevations during the occuaence of the
base flood dischazge.
24
~ Within floodway fringe azeas, 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.
[(4~] ~ In Zones V and VE, filling and the use of fill material for structural
support of buildings shall be prohibited.
Within azeas where the Grade of the natural elevation of the ¢round
surface~rior to construction exceeds ten percent fillips. sradine, and
other development which may increase floodins or erosion hazards shall
be prohibited unless a professional civil ent*ineer licensed in the State of
Hawaii certifies that the develoroment will contain its own runoff and
not increase floodingor erosion in other azeas. Creation of impermeable
surfaces on such sloroins azeas will be limited to no more than forty
percent of the total land azea of an~ lot or proposed new subdivision.
Any measures to be implemented in order to prevent or decrease run-off
or erosion shall be clearly shown or described on the sradins or
infrastructure construction plan.
(d) Elevation and floodproofing.
(1) Within Zones AE and AH:
(A) For residential new construction improvements to repetitive
loss structures, and substantial improvements[], [the] the
lowest floor shall be elevated to [eF] [
above] 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[t],
[the] the lowest floor shall be elevated or floodproofed to [e~]
[ ]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 civil
engineer or azchitect licensed in the State of Hawaii, such
that:
(i) The structure is watertight below the base flood
elevation.
(ii) The walls aze substantially impermeable to the passage
of water.
25
(iii) The structural components aze capable of resisting
hydrostatic and hydrodynamic loads and the effects of
buoyancy.
(C) Within Zone AH, new construction improvements to repetitive
loss structures, and substantial improvement shall be required
to provide adequate drainage paths azound structures on slopes
to guide [#leed-maters] floodwaters azound and away from
proposed structures.
Full enclosed azeas below the lowest floor that aze useable
solely for pazlting of vehicles building access, or storaee in an
azea other than a basement and which are subiect to flooding,
shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of
floodwaters Designs for meeting this requirement must either
be certified b~ a [lieeused] krofessional civil engineer or
azchitect licensed in the State of Hawaii or meet or exceed
the following criteria• A minimum of two openings having a
total net area of not less than one squaze inch for every souaze
foot of enclosed area subiect to flooding shall be provided.
Each openin must be on different sides of the enclosed azea.
The bottom of all oroenings shall be no higher than one foot
above grade Openings may be eguiroped with screens, louvers,
valves or other covering or devices provided that they Hermit
the automatic entry and [exist] exit of floodwaters.
(2) Within Zone AO:
(A) For [new] residential new construction improvements to
repetitive loss structures, and substantial improvements[=],
[the] the lowest floor shall be elevated above the highest
adjacent grade at least [as~~ig13-as] one foot above the depth
number specified in feet on the FIRM, or at least [five} three
feet if no depth number is specified.
(B) For nonresidential new construction improvements to
repetitive loss structures, and substantial improvements[=],
[the] the lowest floor shall be elevated or floodproofed above
the highest adiacent grade at least [ss-l~igk-as] one foot above
the depth number specified in feet on the FIRM, 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, [end]
constructed and certified by a [}iceesed]~rofessional civil
engineer or azchitect licensed in the State of Hawaii, such
that:
26
(i) The structure is watertight below the referenced flood
elevation.
(ii) The walls aze substantially impermeable to the passage
of water.
(iii) The structural components aze capable of resisting
hydrostatic and hydrodynamic loads and the effects of
buoyancy.
(C) New construction im~ovements to repetitive loss structures,
and substantial improvement shall be required to provide
adequate drainage paths azound structures on slopes to guide
floodwaters azound and away from proposed structures.
(3) Within Zones V and VE: New construction improvements to repetitive
loss structures, and substantial improvement shall comply with the
standazds 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 Zone X (shaded):
~A) For new construction the lowest floor shall be elevated at
least two feet above the hi¢hest adiacent ¢rade.
B) New construction shall be required to arovide adequate
draina¢e paths around structures on slopes to ¢uide
floodwater around and awav from proposed structures.
(C) Improvements to repetitive loss structures. and substantial
improvements shall comply with the standards of section 27-
24.1 Standards for Zone X.
(6) Within Zone X (not shaded):
(A) For new construction the lowest floor shall be elevated at
least one foot above the hiehest adiacent ¢rade.
B) New construction shall be required to provide adequate
draina¢e paths around structures op slopes to ¢uide
floodwater around and awav from proposed structures.
(C) Improvements to repetitive loss structures, and substantial
improvements shall comply with the standards of section 27-
24.1 Standards for Zone X.
(e) Certification requirements. All new construction, improvements to repetitive
loss structures, and substantial improvement within azeas of special flood hazazd
shall be certified as required by the standards of section 27-17.
27
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 new subdivisions and other developments within areas of special flood
hazards (Zones AE, "AH, AO, V, and VE) and flood-prone areas where special
flood hazard areas have not been defined, water surface elevations have not
been Hrovided and there is insufficient data to identify the floodway or
coastal hieh hazard areas but there are indications that such hazards are
_present as determined by the floodplain administrator, 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; [aed]
(3) Have adequate drainage provided to reduce exposure to flood damage[s];
~4) Construct all buildings with a freeboard of at least one foot above the
base flood elevation[,]i
(51 Require that the floodplain administrator obtain, copy, and maintain
all necessary Hermits from those eovernmental a¢encies from which
approval is required by Federal or State law, includine section 404 of
the Federal Water Pollution Control Act Amendments of 1972,.33
U.S.C. 1334; and
(6) For all Hroposed developments and/or subdivisions ereater than
either two lots or one acre require that the developer and/or
subdivider ipclude base flood elevation data for each of the lots.
(b) All subdivision and other development applications shall identify the azeas 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 [Wray} shall request and the applicant shall provide such information.
(c) Finally approved subdivision plans for subdivisions within azeas of special flood
hazards shall provide base flood elevations for each of the lots.
(d) [
. ,
t, a t, a ,.a t.,:...,a...:.,:...«.,f,.ut,..tt.
> - -
. ,
~~.n tt n t e n a ,.rtn~~ zz Tter t22n.
28
1
f
~oee-Aa-is-ani
) -
9e AAA ! a1. r a 1 xx] ? D 11 .L'.... ?....1 A.,f A.....-. a.......t..
• 5U1JInit
La' •a 1. 77 1 a 1. A....a el.. ..4:.. a..kd ae:al.:.. H...
All new subdivision proposals and other proposed developments within areas
designated as Zone A or general floodplain or a flood-prone area where
special flood hazard areas have not been defined, water surface elevations
have not been provided and there is insufficient data to identify the floodway
or coastal high hazard areas but the floodplain administrator has determined
that there are indications that such hazards are present, shall comply with
the following:
Be consistent with the need to minimize flood damage;
(2Z Have public utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood damage;
Have adequate drainage provided to reduce exposure to flood
dams e ,
(4) Comply with the requirements of section 27-24.
(5~ Construct all buildings with a freeboard of at least one foot above the
base flood elevationfl:
(6) The floodplain administrator shall require, copy, and maintain all
necessary permits from those governmental agencies from which
ap4roval is required by Federal or State law, including section 404 of
the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1334: and
(7) 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 for each of the lots.
29
(e) [
[
cc
u
n
»
All new subdivisions and other developments within areas desienated as
Zone X (shaded) or Zone X (not shaded) shall comply with the followine:
(1) The floodplain administrator shall require, copv, and maintain all
necessary permits from those ¢overnmental a¢encies from which
approval is required by Federal or State iaw, includin¢ section 404 of
the Federal Water Pollution Control Act Amendments o_f 1972, 33
U.S.C. 1334;f
(2) For all proposed developments and/or subdivisions:
(A) Zone X (shaded) -For new construction, the lowest floor
shall be elevated at least two feet above the hiehest adiacent
grade and shall be required to provide adequate drainage
paths around structures on slopes to Euide floodwater
around and awav from proposed structures.
(B) Zone X (not shaded) -For new construction, the lowest floor
shall be elevated at least one foot above the hiehest adiacent
grade and shall be required to provide adequate draina¢e
paths around structures on slopes to ¢uide floodwater
around and awav from proposed structures.
(3) Comply with the requirements of section 27-24.1.
(fl [
All developments
reguirins a site drainaee plan under section 25-2-72(31 shall submit such a
30
plan for review and approval by the director of public works.
(1) The site drainage plan shall comply with sections 27-20(x1 and (bl and
section 27-24 and shall include a storm water disposal system to
contain run off caused by the proposed development within the site
boundaries up to the expected one hour twenty-Frye-veer storm
event as shown in the Department of Public Works "Storm Drainage
Standards " dated October 1970 or any approved revision, unless
those standards specify a greater recurrence interval:
(2) The amount of expected runoff shall be calculated according to the
Department of Public Works "Storm Drainage Standards," dated
October 1970 or any approved revision or by any nationally-
recognized method meeting with the approval of the director of public
works• and
(3) Runoff calculations shall include the effects of all improvements.
(4) Anv exceptions to the requirement for a site drainage clan shall
minimize flooding to the maximum extent possible using best
management practices The development shall not alter the general
drainage pattern above or below the development. Provided that no
watercourse runs through the property these exceptions shall
include•
(A) those projects that the floodplain admipistrator deems
necessary for public health, safety, or welfare; and
Bl non-substantial improvements to any building.
[(fj](glStormwater shall be disposed into drvwells infiltration basins, or other
approved infiltration methods The development shall not alter the general
drainage patteru 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:
Section 27-22. Standards for floodways.
The floodway identified on the Flood Rate Insurance Maps and located within azeas
of special flood hazazd is the watercourse reserved to discharge the base flood. Since the
floodway is an extremely hazazdous azea due to the velocity of [€lesd-wateFS] floodwaters
31
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 [~egi~ter~]
licensed professional engineer or azchitect demonstrating that the encroachment
will not cause any increase in base flood elevations during the occurrence of the
base flood dischazge.
(b) If an encroachment within a floodway is allowed under the conditions of
pazagraph 27-22(a), all new construction, improvements to repetitive loss
structures, substantial improvement and other proposed new development shall
comply with all applicable flood hazazd reduction provisions established in this
chapter.
(c) The following uses, not involving fill, shalt 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 faun, 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 azeas,
aze identified as Zone V or Zone VE on the Flood Insurance Rate Maps. Within coastal
high hazard azeas, the following standazds shall apply:
(a) All new construction improvements to repetitive loss structures, and substantial
improvements in a coastal high hazazd azea 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 je~egevej 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
equaled or exceeded in any given year.
(c) New construction improvements to r~etitive 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
32
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-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, i___provements to repetitive loss structures, development,
and substantial improvement within coastal high hazazd areas shall be certified as
required by section 27-17.
Recreational vehicles laced 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 hiehwav ready.
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).
The general floodplain, identified as Zone A on the Flood Insurance Rate Maps, aze
azeas of special flood hazazds for which detailed engineering studies aze not performed
by the Federal Insurance Administration to determine the base flood elevations and to
identify the floodways.
(a) To determine base flood elevations and the locations of floodways within the
general floodplain, the director of public works may obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a
33
Federal, State, or other source, including information requested of a permit
applicant.
(b) [Sisiert] 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 mazks on flood maps. The scale and contours aze to be
appropriate to the work in question.
(4) Existing and proposed base flood elevations.
(5) Existing and proposed 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 regazding flood elevation or may request further information,
including a detailed flood elevation study and a drainage report, to evaluate flood
risks and determine the applicability of flood construction and development
standazds.
(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 Chanter 27 article 4 section 27- , Hawaii Countv Code 1983 (2005
edition) as amended is hereby added to read as follows:
Section 27- Standards for Zone X (shaded and not shaded).
Zone X (shaded) is an area of moderate flood hazard and Zone X (not shaded)
is an area of minimal flood hazard. Base flood elevations have not been determined
for either Zone X.
(a) To determine the locations of floodwavs or historic ditches within either
Zone X the director of aublic works may obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a Federal,
State historic or local information or other source, includin¢ information
34
requested of a permit applicant.
(b) Development or subdivision aroposals shall conform to the requirements of
section 27-18 and 27-20.
(c) The followine information shall be provided by a permit applicant to the
director of public works to evaluate the aroaosed construction or
imarovement site within a Zone X area:
(1) Project location and site plan sbowin¢ dimensiops.
(2) Relationship to one-hundred-year and five-hundred-vear floodway
and floodwav frinees as determined by FIRMS, local, or historic
information.
(3) Contour man showine the topoeraahy of eaistint around based on
elevation reference marks on flood maps. The scale and contours are
to be appropriate to the work in question.
]4) Existine hi¢best adjacent erade(s) and adequate drainage paths
around structures on slopes to guide floodwater around and awav
from proposed structures.
f5) Existing and proposed floodaroofmg and flood control measures.
(d) The director of public works may require additional information if the
director of aublic works has insufficient information to make an evaluation
and determination regarding flood hazards, or may request further
information including a detailed flood elevation studv and a drainage report.
to evaluate flood risks and determine the apalicability of flood construction
and development standards.
SECTION [~lb] 17. Chapter 27, article 4, section 27-25, Hawaii County Code 1983
(2005 edition), as amended, is hereby amended to read as follows:
Section 27-25. Standards for development adjacent to drainage facilities.
New construction +TMorovements to repetitive loss structures, and substantial
improvements proposed adjacent to drainage facilities outside of the special flood hazard
azeas identified on the Flood Insurance Rate Maps shall be subject to review and approval
of the director of public works.
(a) [~3gea-retest-)3y~] Uaon request by the The [~be] director of public works,
[herJ further shall [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 [registeFed] licensed [licensed] professional civil
engineer licensed in the State of Hawaii 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
35
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.
[
1
SECTION 18. Chapter 27, article 4, section 27-26, Hawaii County Code 1983
{2005 edition), as amended, is hereby amended to read as follows:
Section 27-26. Storm drainage standards.
The department of public works, County of Hawai`i's "Storm Drainage Standazd,"
October 1970 edition, or latest revision, is incorporated into and made a part of this
chapter. These standards have been prepazed to guide County engineers and personnel,
engineers for subdivision and other developers, consultants employed by the department
of public works, and other interested parties in the general features required for the
design of storm drainage facilities, prepazation of flood hazazd studies, and other related
work in the County of Hawaii.
SECTION [~S] 19. Chapter 27, azticle 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 aze based on the general principle of zoning law that
variances pertain to a piece of property and aze not personal in nature. A properly issued
variance is granted for a pazcel 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 chazacteris6cs must be unique to
the property and not be shared by adjacent pazcels. The unique chazacteristic must pertain
to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the County of Hawai `i to help protect its citizens from flooding. This
need is so compelling and the implications of the cost of insuring a structure built below
flood level aze so serious that variances from the flood elevation or from other
requirements of this chapter 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 aze more appropriate:
(a) Generally, variances may be issued for new construction, improvements to
repetitive loss structures, substantial improvement, and other proposed new
development to be erected on a lot of one-half acre or less in size contiguous to
and surrounded by lots with existing structures constructed below the base flood
level, providing that the procedures of articles 3 and 4 of this chapter have been
fully considered. As the lot size increases beyond one-half acre, the technical
36
justification required for issuing the variance increases.
(b) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood dischazge would result.
(c) Variances shall only be issued upon:
(I) A showing of good and sufficient cause. Under this [e~ite~ie] 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 [st~teria] criterion, only exceptional instances should
arise where the physical characteristics of pmperties create a hardship
sufficient to justify granting a vaziance. 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 [eritefia] criterion, the hardship that would result from failure
to grant a requested vaziance must be exceptional, unusual, and peculiaz to
the property involved. Economic or financial hazdship alone is not
exceptional. Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors cannot,
generally, qualify as exceptional hardship. Under this [eFiteFis] 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 fload by simply
remaining in the home safely above the levels of [fleed--~veters;]
floodwaters:
(3) A determination that the variance is the "minimum necessary" (as defined
in section 27-12), considering the flood hazazd, to afford relief. Under this
[eri4erta] 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 variance to an elevation requirement, this does not mean
approval to build at grade level or to whatever elevation an applicant
proposes, but rather to a level that the director of public works determines
will provide relief and preserve the integrity of the flood ordinance; and
(4) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause "fraud or victimization" (as defined in
section 27-12) of the public, or conflict with existing local laws or
ordinances. Under this [criteria] criterion, an applicant must demonstrate
37
that flood levels will not be raised above the base flood elevations.
(d) Variances may be issued for new construction, i~rovements to re~eti6ve 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) aze
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 [}9] 20. Chapter 27, article 5, section 27-28, Hawaii County Code 1983
(2005 edition), as amended, is hereby amended to read as follows:
Section 27-28. Application for variance.
An application for a variance shall be submitted to the director of public works,
signed and stamped by a [registered] licensed professional engineer or architect, and shall
include three sets of documents with the following information as may be applicable:
(a) Plans and specifications showing the site and location; dimensions of all property
lines and topographic elevation of the lot; existing and proposed structures and
improvements, fill, storage azea; 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.
38
(c) Flood study and drainage report in azeas where a study and report have not been
reviewed and accepted by the County of Hawaii.
(d) Description of sun ounding 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 hazazd azea 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 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 [30] 21. 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 high as $25 for $100 of insurance coverage;
(2) Such construction below the base flood level increases risks to life and
property; and
(3) A copy of the notice shall be recorded with the State of Hawaii bureau of
conveyances and shall be recorded in a manner so that it appeazs in the
chain of title of the affected pazcel of land.
(b} A record of all variance actions, including justifications for issuance of any
variance[;] and written notices, shall be maintained by the director of public
works. A report of the variances issued shall be included in the biennial report
submitted to the Federal Insurance Administration, Federal Emergency
Management Agency.
SECTION [~1] 22. Chapter 27, article 6, section 27-34, Hawaii County Code 1983
39
(2005 edition), as amended, is hereby amended to read as follows:
Section 27-34. Administrative order.
(a) In lieu of or in addition to section [27-3~] 27-33, if the drector 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 witlrin 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 [~3] 23. Chapter 27, article 6> section 27-37, Hawaii County Code 1983
(2005 edition), as amended, is hereby amended to read as follows:
Section 27-37. Removal of encroachment and/or obstruction notices.
In addition to any other section, if any encroachment and/or obstruction exists,
under, over or through any portion of a drainageway, floodway, levee system or
watercourse within the County and the encroachment and/or obstruction is observed, or a
complaint made to the department of public works of the County of Hawaii, then the
department of public works shall investigate and forthwith,
give notice to the owner to remove the encroachment and/or obstruction in the manner
provided in this [sesfisn:] article.
40
SECTION [23] 24. 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 [34J 25. 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 declazed to be severable.
SECTION [35] 26. This ordinance shall take effect upon its approval.
41