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.IUL 13 20C7 10:30HM ROTH KIMURF LLP 808 324 6079 P.3 July l 1, 2007 Co:mty of Hawaii Bi1151, Draft #5 Page ? of G (C) Improvements to repetitlve loss structures, and substantial improvements shall comply with the standards of section 27-24.1 Standards for Zoae X. We recommend that all of the above language in (5) and (6) be deleted. Zone X (sha:ded) and Zone X (not shaded) are not considered "Special Flood Hazard Areas" as indicated in the Legyrrd on the FIRM maps issued by FEMA. An unintended consequence is that the entire Islaird of Hawaii could be defined as a flood hazard area. This might result in property owners being required by lending instirutions to buy flood insurance instead of it benng an opti an. Due to the potential conflict with Federal law, in-depth analysis needs to be conducted in regards to this issue. (This is the same rationale as in Item #1.) Item #3. See Page 30 Section 27-20. Standards for subdivisions.] and other developments. (e) All new subdivisions and other developments within areas designated as Zone X (shaded) or Zone X (not shaded) shall comply with the followine: (1) The floodplaia administrator shall require, copy, and maintain all necessary permits from those eovernmental agencies from which approv_rl 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 (2) For all proposed developments andlor subdivisions: (A) Zone X (shaded) -For new construction, the lowest floor shall be elevated at least two feet above the highest adjacent grade, and shall be required to provide adequate drainage paths around structures on slopes to eaide floodwater around and awav from proposed structures. ~B) Zone X (not shaded) -For pew construction, the lowest floor shall be elevated at least one foot above the highest adjacent grade, and shall be repaired to provide adequate drainage paths around. structures oa slopes to guide floodwater around and awav from proposed struMares. (3) Comply with the reagiremeats of section 27-24.1. We recommend that all of the above language in (e) he deleted. Chapter 27 has a very specific definition for "highest adjaoent grade" and "lowest floor". Note that in order To make: a level site, a common construction practice is a balanced "cut and Sll". With this understanding, the cut slopes ofproperties will end up having the lowest habitable floor far up in the air. This could lead to buildings that will not fit within height limitations pc~~ the zoning code or subdivision codes covenants and restrictions, will make compliance with ADA. very difficult, and lead to higher costs for building in general. This amendment is P.O. Box 624 Holualoa, HI 96725 ROR-987-6146 ltimura~~alum mit.edu