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.JUL 13 20C7 10:31RM R'OTH KIMURR LLP 808 324 6078 p.6 July 11, 2007 County of Hawaii -Bill 51, Draft q5 Page 6 eF@. increase flooding or erosion hazazds shall be prohibited unless a professional civil enlaneer licensed in the State of Hawaii certifies that the development will contain its own runoff and not increase floodine or erosion in other areas. Creation of impermeable surfaces on such slopin~azeas will be limited to no more than forty vercent of the total land area of anv lot or vroposed new subdivision. Anv measures to be irrlplemented in order to prevent or decrease run-off or erosion shall be cleazly shown or described on the grading or infrastructure construction plan. We recommend that all of (6) be deleted. This is an example of anon-professional recommendation, with impacts that have not been studied. This shows no understanding of curr~lt zoning laws, azchitectural practices, and engineering practices. The certification aspect of this proposed ordinance is problematic in that a certification in this case is the equivalent of a guarantee. Design professionals design to codified standards, and accepted stan~azds of care. This proposed ordinance requires that a certification (guarantee) be prodded for any development, regardless of impermeable area, on lands with a greater than 10% grade. If professionals make certifications such as this, they would risk losing their liability insurance. This certification aspect alone will prevent many property owner,; from simple developments hke a house and gazage. We aze not sure haw the Floodplain Administrator will be able to approve a plan based on the criteria for this certification. Be awa'e that most of our rnauka communities are on slopes of greater than 10%. Also, the spat: al ramifications of this proposed ordinance is at odds with the Kona Community Development Plan in which the cornrnunity clearly spoke in favor of having more pedestrian oriented places. Pedestrian oriented design tends to have high percentages of impermeable surface in order to create the density needed to sustain pedestrian activities. This would impact our planned and existing villages and urban cores in a very undesirable way. Thank you for the opportunity to be a member of the ad hoc committee and welcome any dialogue with you as we continue to work together to improve Bill 51. Sine rely, American Institute of Architects, Hawaii Island Section, Executive Committee Roba;rt Nespor, AIA President Robin Inaba, AIA Vice-Preside~nt~j, ~ y John Dinmore, AIA Treasurer Kaxi Kimura, AIA Secretary,`~'L~ //~J Clerrison Lam, AIA Pa.,t-President John Pazazette, AIA Past-Treasurer ~'N' Temulce Cisco, AiA Director Peter Vincent, AIA President -AIA Honolulu Temp Dunlap, AIA Bill 51 ad hoc committee member Rich.Jrd Myers, AdA Chair, Building Science and Performance Committee of AIA Honolulu Tom Brockman, AIA Phil Davis, AIA 7.on ;iullenberger, AIA CCt Mayor Harry Kim, Bmce McClure -Director DPW, County Clerk P.O. Box 624 Holualoa, HI 96725 808-987-6146 kimura{~r)alum.mit.edu