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HomeMy WebLinkAboutCOM 0598.003 2006-2008 Phone: (808) 326-5421 BRENDA J FORD •'•y Fax: (808)329-4786 Council Member E-Mail: bford@co.hawaii.hi.us District 7 -Central Kona hoe'+~+ HAWAII COUNTY COUNCIL County of Hawai a Kai[ua Trade Center 75-5706 Hanama Place, Surte l09 Karlua-Kona, Hawaii 96740 DATE: August 20, 2007 TO: Pete Hoffmann, Chair, and Members of the Hawaii County Council Hawaii County Council 25 Aupuni Street Hilo, HI 96720 t.G #or FROM: Brenda Ford, Council Member, District 7 RE: Submitting Proposed Amendments to Bill 151, Relating to Floodplains and Other Flood Hazazd Areas Submitted for the Council's consideration aze a series of amendments to Bill 151, relating to floodplains and other flood hazard areas. These proposed amendments are the result of continuing discussions between the Department of Public Works and me. A description of the proposed amendments follows. In these descriptions, ramseyering is used to show the proposed chances to the initial draft of bill 151. 1. In SECTION 3 that amends section 27-3, bill 151 was chaneed by deleting the following paragraph (9) that was proposed in the initial draft of bill 151: "(9) Reduce the need to provide disaster relief services, which includes the expenditure of county funds on shelters and rescue services for victims of flooding; and" Comm. No. S t Ref. To: ~.°iOat Ref. Date AU6 22 Z[17 August 20, 2007 Page 2 2. In SECTION 3 that amends section 27-3, bi11151 was changed by rewording the following proposed new paragraph (10) as follows: [lieduee] To reduce flood damage by one property owner to neighboring properties or to the community in general." 3. In SECTION 4 that amends section 27-5, bill 151 was chanced by removing references to "special flood hazards." In addition paragraph (a)(3) was reworded and moved. It can now be found at paragraph (a)(1)(F). "Section 27-5. Applicability. (a) This chapter shall apply to: (1) All areas [ ]identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study," dated Apri12, 2004, with accompanying Flood Insurance Rate Maps and all future changes, revisions and amendments to these documents. These [sgesial-Aeed-hated] azeas aze as follows: (A) Floodway fringe -Zones AE, AH, and AO. (B) Floodway. (C) Coastal high hazard (tsunami) - Zones V and VE. (D) General floodplain -Zone A. (E) Land adjacent to drainage facilities, and Zone A99. (F) Other areas - Zone X (shaded) and Zone X (unshaded). (2) All areas outside the identified special flood hazard areas that encompass and are adjacent to a river, stream, stormwater channel, outfall area, or other inland water or drainage facility determined by the director of public works to be subject to flood hazazds[;and] , [C~\ n 71 e .:s6:.. 7...... v ..6..,]e.7 /.,,,.,7e«„~o L.,,-..,..]\ .....7 7....o V ....r ~1. x.7011 (fFH~f' 4. In SECTION 7 that amends section 27-12, bill 151 was chanced by removing the definitions of "critical facilities," "critical features," "duplex and double-family dwelling," "flyway," "greenbelt and greenway," "headwater(s)," and "watershed." /1 \ C~....,a..«e....« A,..:Iae.. t6.,~ ..«..A.,..o ..r..«o 1.:..61., .,..l..rao e o ~ e > r e ....t 6e ....FF...:....N.. ...,.6ae ..:A : « Ae..N, A..«:«.... Fl....,J. e D,.1:,.,. „t..a: F.«e nhnti....n 6: nle n...] 'Ia:e~ a C Trvr[cvvc¢cxvxxo, nxc vc¢cxvxxo, vmxxccc ¢cxv °cgHl~mBnt StBr$ge ac4xcccco, aixv 6.,f .1..«:«....«.7 „F~o« „41.....7......1 e e August 20, 2007 Page 3 (4\ D..l.l:n n..A .nfo ..ti l: f.. C n:lann ?1. of n .:fnl ..tn:..:..,. ,.na,.««rt «..,nl n n Ll ,.,.,l e.l n n l.nf «n .1.. «:..n n..,l nAo« n Fl,.,.,1 o e aar«: h:nnl F nt..«n+~ «fn..«nl n«.l «nn.Ja..:.ln«ti F. nl.ln ..n.a ,.F n A,.,.,~ ..«,.anna: .nhn«. ..:fl...,.f .,.l.: nl. ?l,n Fl,.n.] ««..fnnh:n« « ,:.1 n.7 1.., hl.n n«r:«n n .nfn..... ..la l.n e~ ~~>e «Th,..l n..~~ n...] «.1....l.ln F ,..:1.. .J...nll:.,..~~ ,..nn..n n L..:1.J:.... n....hn:..: ....I. r.. ,1...,~1 l to s uL`1.....n..++ n ?l.n «....hn f ll....,n.7 L... 1.: «.7n nnhn ...7 l.nhn tl,;« tl, n:« 1. nl.:hnf n n e ~ r > «nhn«n nlln..n n: F.n v«nnn ..hhn«. ..nrnr:.... .,.7 . ,nhn«......«nnn . n n n «~_«nn.,l.nlh n...] ..«nn.....n.: ~ «,nn..n n l:..nn« ....n., n..nnn .,nh..«nl n«nn tl.:« > f f f ) ««:a,.«n r «.,,:1.71:L'n ..n1,..7:..n Fl.,.. .,a n..«nn...n«:.,n n n, l.: nf..«:n .7:hn1, l.n..:.,n up/nf~,«nl.,.,l» .....,,n«n n 1.,.....,l n,l 1.. A«,.I,.,.:n n .nf.....f l l.n«n nll ,.C 41.,, .nnhn« A.nA. e« f f ) > f ' ' ]n 5. In SECTION 7 that amends section 27-12, bill 151 was chaneed by amending the definitions of "watercourse," "Zone X (shaded)," and "Zone X (not shaded) as follows: "`Watercourse' means a lake, river, creek, stream, wash, arroyo, channel, historic ditch or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial damage may occur. "Zone X (shaded)" is an area of_ [mederate] Moderate flood hazard corresponding to areas of the five- hundred-year floodplain[;]; [areas] Areas ofone-hundred-year flooding where average depths are less than one foot[,]; [areas] Areas ofone-hundred-year flooding where the contributing drainage area is ?ess than one square mile[,]; and August 20, 2007 Page 4 [areas] Areas protected from the one-hundred-year flood by levees[;;-(B~ nn,.a«in:« noon a,.,.a nin,.n.:n«n an«,wn wn.,n wnn« an.n~,.:«na c~~] "Zone X (unshaded " is an area of minimal flood hazard corresponding to areas outside of the five-hundred-year floodplain. Base flood elevations or depths have not been determined for Zone X [ fnefshadedj] unshaded." 6. In SECTION 9, bill 151 was chanced by amending paragraph 27-16(1)(F) as follows: "(F) Require and maintain a copy of the title and signature page of all State and/or Federal permits that are required in association with individual department of public works (DPW) grubbing and grading permit applications [be€e~g Failure of the applicant to provide copies of such State and/or Federal permits shall result in denial and/or revocation of applicant's DPW's permit(s). This provision, i.e. paragraph 17-16(1)(Fl, upon approval of this ordinance, shall take effect on March 31, 2008." 7. In SECTION 9, bi11151 was chanced by amending paragraph 27-16(2)(G) as follows: "(G) Require and maintain [sepies] a copy of the title and si ng afore pages of all State and/or Federal permits associated with rug bbing and/or rag ding permit applications submitted to the department of public works pursuant to this chapter and use adequate internal controls to safeguard and preserve the information. This provision, i.e. paragraph 27-16(2)(G), upon approval of this ordinance, shall take effect on March 31, 2008." 8. In SECTION 9, bill 151 was chanced by amending paragraphs 27-16(3) & (4) as follows: "[(s)] ~ Interpretation of maps. [(A~] The director of public works shall make interpretations where needed, as to the exact location of the boundaries of the azeas of special flood hazazds (for example, where there appears 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[~], [(I~TThe direster e€~ .w':n ...,._i.n a.~ n,.,,a~ vo~~xc~vv oxaszncit -nxrosxc[xvr-oi ~nn:rt«nhna « n«~n~ n1,n~~ «.n~in n «.~.~«..«.~..«h r n{~4~... avY.a..n.rr~u~rvai~.,~ vvaa,.µiaic. r. nna 1..... «~:nn«k n ,...,.,..g.,....,.,. ~ .6.,,,..~ ,.,..i . ...y...~ ° f August 20, 2007 Page 5 ~mt~-coianivi.T] (4) Requirement to submit new technical data. Whenever there are changes made or discovered within a floodplain that increase or decrease BFE or alter the boundaries of any special flood hazard area, as soon as practical, but no later than six months after the date such information becomes available, the floodplain administrator shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data through the Letter of Map Revision process. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. (B) The director of public works, the floodplain administrator, or deli ng ated person(s) shall conduct a review of requests for a Letter of Map Revision (LOMRI, or Conditional Letter of Map Revision (CLOMR), or other Federal Emergency Manaeement Agency map revision, as may be reauired by the applicable Federal Emergency Management Agency request form." 9. In SECTION 9 that amends paragraph 27-16(6)(E), bi11151 was chanced as follows: "(E) Within [sixty] nine days of the completion of the alteration or relocation of a watercourse (not the entire development), the applicant shall submit: (i) "As built" plans; [and] (ii) The application for a Letter of Map Revision (LOMR), and any other information required by the LOMR process to the floodplain administrator[:] (iii) The director of public works, the floodplain administrator, or deli ng ated person(s) shall make an independent review of the re~resentation(sl contained within any Federal Emergency Management Agency map revision request prepared by an applicant or an applicant's agent, to include a review for completeness of required information and a field visit to review general consistency with visible site conditions. Failure to deliver the foregoing information to the floodplain administrator by the end of the initial [sixty] ninety days from the completion of the alteration or relocation of the watercourse 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." w......,~. August 20, 2007 Page 6 10. In SECTION 10, bill 151 was changed by amending section 27-17 as follows: "Section 27-17. Certification standards. (a) Special flood hazard areas. Pre-construction and post-construction certification of elevation and floodproofing of new construction, improvements to repetitive loss structures, development, and substantial improvements within areas of special flood hazards shall be submitted to the director of public works and shall be maintained as a matter of public record. (1) Pre-construction certification. Requirements for approval of the building permit shall include the following items, as applicable, and any additional items as required by the director of public works to promote public welfare and safety: (A) Certification of building plans. Each set of building plans shall be certified by a stnuctural engineer or architect, currently licensed in the State of Hawaii, to be in compliance with the requirements of this chapter. (B) 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 licensed in the State of Hawaii. (C) Special flood hazards area certification. The County of Hawaii "Special Flood Hazard Area Certification" form, as amended, shall be completed and certified by a structural engineer or architect currently licensed in the State of Hawaii. The completed "Special Flood Hazard Certification" shall be submitted for approval with the building plans. (D) Floodproofing certification. For all new nonresidential construction and substantial improvement with enclosed areas below the base flood elevation, the Federal Emergency Management Agency "Floodproofing Certificate" form, as amended, shall be completed and certified by an engineer or architect currently licensed in the State of Hawaii and shall be submitted for approval with the building plans. The director of public works may require additional information regarding the floodproofing design from the permit applicant and the applicant shall provide it. The information required may include the design data and calculations used in the floodproofing design, a detailed flood elevation study, a drainage report, and other information as determined necessary by the director of public works to establish compliance with the provisions of this chapter and to promote public welfare and safety. (2) Post-construction certification. August 20, 2007 Page 7 Requirements for approval of the certificate of occupancy shall include the following items, as applicable, and any additional items as required by the director of public works to promote public welfare and safety: (A) 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. (B) Compliance with other requirements of this chapter." (b) Other areas: Zone X (shaded and unshaded). Approval of the certificate of occupancy shall include a completed elevation certificate provided by the department of public works. The certification shall be completed by the property owner, land surveyor, civil engineer, or azchitect currently licensed in the State of Hawaii. The certification shall be based on actual construction." 11. In SECTION 11, bill 151 was changed by amending section 27-18 by placing all of the existing text in the section into a new subsection "(a) Special flood hazard areas." In addition, paragraph 27-18(a)(3)(F) was amended, the reference to a paragraph was changed in 27-18(a)(4)(B)(ii), and new subsections (b) and (c) were added. A) New heading "subsection (a)" added: "Section 27-18. Standards for construction. (a) Special flood hazard areas. Standazds for construction within areas of special flood hazazds are established as follows: [(-a)] Anchoring." (The rest of the sectlon remains as amended by bill 151.) B) Paragraph 27-18(a)(3)(F) was amended as follows: "(F) Within azeas where the grade of the natural elevation of the ground surface prior to construction exceeds ten percent, filling, grading, and other development which may increase flooding or erosion hazards shall be prohibited unless a professional civil engineer licensed in the State of Hawaii certifies that the development will contain its own runoff and not increase flooding or erosion in other areas. Creation of impermeable surfaces on such sloping azeas will be limited to no more than forty percent of the total land area of any lot or proposed new subdivision. Any measures to be implemented in order to prevent or decrease run-off or erosion shall be clearly August 20, 2007 Page 8 shown or described on the grading or infrastructure construction plan. This provision, i.e. paragraph 27-18(a)(3)(F), upon approval of this ordinance, shall take effect on March 31, 2008." C) Paragraph 27-18(a)(4)(B)(ii) was amended as follows: "(ii) For nonresidential new construction, improvements to repetitive loss structures, and substantial improvements, 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, or at least three feet if no depth number is specified. If the lowest floor is ['~.e -°F ~°~°°a s~see~iea " ' 4'~~"'~(A`~] less than one foot above the death number specified in feet on the FIRM, or less than three feet if no depth number is specified, then the structure together with attendant utility and sanitary facilities, shall be designed, constructed and certified by a professional civil engineer or architect licensed in the State of Hawaii, such that: (aa) The structure is watertight below the referenced flood elevation. (bb) The walls aze substantially impermeable to the passage of water. (cc) The structural components are capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy." D) New subsections (b) and (c): "(b) Other areas: Zone X (shaded). (1) For new construction, the lowest floor shall be elevated at least two feet above the adiacent Grade. (2) For concrete basements with habitable room(s), the sill plate shall be at least one foot above the adiacent erade. (3) New construction shall be required to provide drainage aoound and away from proposed structures. (4) The director or designated representative may waive this requirement when topographical data or evidence, submitted by a civil en ineer or land survevor currently licensed in the State of Hawaii, indicates that there are no appazent flood hazards to the proposed structure. This provision, i.e. subsection 17-18(b), upon approval of this ordinance, shall take effect on March 31, 2008. (c) Within Zone X (unshaded): (J For new construction, the lowest floor shall be elevated at least one foot above the adjacent grade. (2) For concrete basements with habitable room(s), the sill plate shall be at least one foot above the adiacent rade. (3) New construction shall be required to provide drainage around and away from proposed structures. August 20, 2007 Page 9 (4) The director or designated representative may waive this requirement when topographical data or evidence, submitted by a civil eneineer or land survevor currently licensed in the State of Hawaii, indicates that there is no apparent flood hazards to the proposed structure. This provision, i.e. subsection 27-18(c), upon approval of this ordinance, shall take effect on March 31, 2008." 12. In SECTION 12 bill 151 was chanced by deleting section 27-18.1. This new section, that was proposed in the initial draft of bill 151, was deleted because its contents were moved into section 27-18. 13. In SECTION 13, bill 151 was chanced by amending section 27-20 as follows: "Section 27-20. Standards for subdivisions and other developments. (a) Special flood hazazd areas. (1) All new subdivisions and other developments within areas of special flood hazazds n n n u n n v ^..a vv~] shall: [(I~] ~ Be consistent with the need to minimize flood damage; (~B Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage; and [(3j] ~ Have adequate drainage provided to reduce exposure to flood damage. ~ All subdivision and other development applications in Zones A, AE, AH, AO, V, and VE shall identify the areas of special flood hazards and base flood elevations on the proposed site. If such information is not provided by the Flood Insurance Rate Maps, the director of public works shall request and the applicant shall provide such information. [(e~] ~ Finally approved subdivision plans for subdivisions within areas of special flood hazards shall provide base flood elevations for each of the lots. [(d~] ~ All new subdivisions and other developments within azeas designated as Zone A or general floodplain, or a flood-prone azea 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 azeas but the floodplain administrator has determined that there aze indications that such hazards are present, shall comply with the following: [(F}] Be consistent with the need to minimize flood damage; August 20, 2007 Page 10 ~B Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage; [(3~] ~ Have adequate drainage provided to reduce exposure to flood damage; ~ Comply with the requirements of section 27-24; [(3~] ~ The floodplain administrator shall require and maintain a {ee$y] a copy of the title and signature pages of 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. This provision, i.e. pazagraph 27-20(a)(4)(E), upon approval of this ordinance, shall take effect on March 31, 2008; and [(bj] ~ 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. Lb) Other areas: Zone X (shaded and unshaded). All new subdivisions and other developments within areas designated as Zone X (shaded) or Zone X (not shaded) shall comply with the following: (1) The floodplain administrator shall require and maintain a copy of the title and si nag ture pages of 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. This provision, i.e. paragraph 27- 20 b 1 upon approval of this ordinance, shall take effect on March 31, 2008. (2) If the floodplain administrator determines that there are indications of flood hazard present, the floodplain administrator shall require the applicant to determine the base flood elevations." 14. In SECTION 14, bill 151 was chanEed by amending paragraph 27-22(2) (formerly 27- 22(b)) as follows: "(2) If an encroachment within a floodway is allowed under the conditions of pazagraph ["~,-~(a~] 27-22(1), all new construction, improvements to repetitive loss structures, substantial improvement and other proposed new development shall comply with all applicable flood hazard reduction provisions established in this chapter." August 20, 2007 Page 11 15. In SECTION 16, bi11151 was changed by amending paragraph 27-24(4) (formerly 27- 24(d)) as follows: 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 [ ~~"°°°'0°~° paragr~hs 27-24(1) and 27- 2~2~ „ 16. In SECTION 18, bill 151 was chanced by amending new subsection 27-26(b) as follows: "(b) This standard shall be subject to the following exception: All new subdivisions and developments, requiring a site drainage plan pursuant to the zoning code, section 25-2-72(3), except single-family dwellings, duplexes, and ohana dwellings, shall be required to dispose of the difference between the pre-development discharge amount and the post-development discharge 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 Drainage 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 higher standard if required by the floodplain administrator or this chapter. The 25-year storm event shall be interpolated from plate I (10-year) and plate 2 (50- year) from the department of public works' `Storm Drainage Standazds. This provision, i.e. subsection 27-26(bl, upon approval of this ordinance, shall take effect on Mazch 31, 2008."' 17. In SECTION 19, bill 151 was chanEed by amending paragraph 27-27(4) (formerly 27- 27(d)) as follows: Variances may be issued for new construction, improvements to repetitive loss structures, substantial improvement, and other proposed new development necessary for the conduct of a "functionally dependent use" (as defined in section 27-12) provided that the provisions of paragraphs 27-27(11 through 27-27 3 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety." August 20, 2007 Page 12 I8. In SECTION 20, bill 151 was chanced by amending paragraph 27-28(5) (formerly 27- 28(e)) as follows: "(5) 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(11 through 27-27(61." 19. In SECTION 26, bill 151 was chanced by amending this section as follows: "SECTION 26. This ordinance shall take effect upon its approval, provided that the provisions of this ordinance that amend paragraph 27-16(1)(F), paragraph 27-16(2)(G), paragraph 27-18(3)(F), [ ]subsections 27-28(b) and (c), paragraph [~?-2905)] 27-20(al(4)(E), paragraph 27-20(b)(1), and subsection 27- 26(b) shall take effect on March 31, 2008." Aversion of the bill that incorporates the proposed amendments is attached. In this attached version, ramseyering is used to show the differences between the lancuage in the bill and the existing lan¢uaee contained in the County Code. Thank you. BF/lc Enclosure AN ORDINANCE AMENDING CHAPTER 27, FLOOD CONTROL, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FLOODPLAINS AND OTHER FLOOD HAZARD AREAS. 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] quantities 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, as amended), is amended, by amending the title to read: "Chapter 27 [ ] FLOODPLAINS AND OTHER FLOOD HAZARD AREAS" SECTION 3. Chapter 27, article 1, sections 27-1, 27-3, and 27-4, Hawaii County Code 1983 (2005 Edition, as amended), are amended to read as follows: "Section 27-1. Statutory authority. This chapter is enacted pursuant to the U.S. National Flood Insurance Act of 1968 (Public Laws 90-418 and 91-152), as amended, and the U.S. Flood Disaster Protection Act of 1973 (Public Law 93-234), as amended. In addition, the Legislature of the State of Hawaii has in Hawaii Revised Statutes z"' Q`,'n , nn ] 46-I.5(5), 46- 1.5(141, 46-11, 46-11.5 and 46-12 conferred upon the various counties the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry." ~ . "Section 27-3. Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: [(aj] ~ To protect human life and health; ~ To minimize expenditure of public money for costly flood control projects; ~ To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; [(~j) ~ To minimize prolonged business interruptions; [(t~] ~ To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; [(-i~] ~ To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard [se-as] to minimize future flood blight areas; [Egj] ~ To assist in notifying potential buyers that property is in an area of special flood hazard; [and] [(-l~j] ~ To ensure that those who occupy areas of special flood hazard assume responsibility for their actions[.] To reduce flood damage by one property owner to neighboring properties or to the community in General." "Section 27-4. Scope and methods. In order to accomplish its purposes, this chapter includes methods and provisions [€er] to: [(-a)](1) Restrict or [grelrig] rp ohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; [(~j](2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; [~]L) [''~.g] Control the alteration or relocation of natural floodplains, [gels] watercourses, and natural protective barriers, which help accommodate or channel [Reed-waters] floodwaters; [Ed)](4) [r^] Control fill, grading, dredging, and other development which may increase flood damage; and 2 [(c~](5) [Izreventing] Prevent or [ring] reeulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas." 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. ~ This chapter shall apply to_ [all] All areas [ ]identified by the Federal [Inse ~cdtrtiaisH°atie~t] Emergency Management Aeencv in a scientific and engineering report entitled "Flood Insurance Study," dated "s F , . with accompanying Flood Insurance Rate Maps and all ~ ~ `~it~IV' revisions and amendments[;] to th'"'a dents. [;-axd] These aeeas aze as follows: (A) Floodwav fringe -Zones AE, AH, and AO. (B) Floodwav. (C) Coastal high hazazd (tsunami) - Zones V and VE. ~Dl General floodplain -Zone A. (E) Land adjacent to drainage facilities, and Zone A99. (F) Other areas - Zone X (shaded) and Zone X (unshaded). [~'-°Ia-all] All aeeas outside the identified special flood hazard areas that [en~g] encompass and are adjacent to a river, stream, stormwater channel, outfall area, or other inland water or drainage facility determined by the director of public works to be subject to flood hazazds. l e e f~7~~T E~'j- E0&"vtisi~~-cr"bxr'z~''"ar° (T~~'r~~.....:~viroTil .,._~a •7sv~~c '"~~Ceaeral Fl~~a~x~lain--~xe-A. ~~~vEixa as}anent to drainage €aEElitieTa^xx~ene A9'9:] (b) This chapter shall not apply to: (1) Any building permit lawfully issued prior to May 5, 1982 or building permit application properly filed and accepted for review prior to May 5, 1982, provided that approval was obtained without any significant changes in plans or specifications made afrer 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 3 necessary agency approvals by May 5, 1982. (3) Carnivals, luaus, fairs, and camping tents of a temporary nature which are not in a floodway. (4) mT°«r «,.°a «°«°,°..°.°a] Non-fenced, at=tirade outdoor swimming pools. (5) Signs [whiek] that are not in a floodway. (6) Demolition." SECTION 5. Chapter 27, article 2, section 27-6, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 27-6. Basis. The areas of special flood hazard identified by the [~°a°~°' ] Federal Emergency Management Agency in the Flood Insurance Study dated [T••,,• , ~ ,nnn ]April 2, 2004, along with all subsequent revisions and amendments, and the Flood Insurance Rate Maps, dated April 2, 2004, May 16, 1994, July 16, 1990, and September 16, 1988, and all future changes, revisions, and amendments to these documents, are hereby adopted and declared to be a part of this chapter. [T,hi~ r:,°°a T«...._..«,.° e...a.. °«a ,...°«a°«. «.°««:«,...a.l, ..«a°.°.. °«a a , c-ha}~te~] The Flood Insurance Study and Flood Insurance Rate Maps, [as-a~nende~] and all future changes, revisions, and amendments to these documents, are on file at the Aupuni Center, Department of Public Works, 101 Pauahi Street, [IZ;eetH] Suite 7, Hilo, H[[~~a]]wai`iT9L6720. [l' 7 rn~iniaTi 1 nv~a¢c°v'Io-i-iw~Tnr3'c'cr~xoc°~cua.•TIITDciB~ 1 ~QTwi=oiTSn, ....Y i..a.v.. Yana , arv. vJ uca A.T.... 1~ 1 nnA Cl°°,7 T«...._ C...,l 1...11 I°«.° t •1.° T..1 1 G 1 ~ ermTiv~voarirtvcn$ixcc°vava.T3xxarx-SciFPrcnxa-Fn~xa~~mTcv ~z~a ha FIR~4-panels 0168, 07138 and 9~?(~shal=r~eplaee~he-FT-xR; t ..°h n, coT~ n71 z~ „«a nn7~r~ _ °,..:..°l.. p:ua..ao .,..,a , ° (3~Th~I~4a}~16, 1494 I~,4ap Index panel-.,halal-Teplaee~3tt1~ ~ , n~--.TO-Map r,~,~;~,~;~ Eb~TIa_ 7W... 2 lQQi..«.7..t°.7 1;1°°a T«..... c. .,1 CTDAA D°«°7 nn7c1; nn77il ~ apa:ama x xooa: xvxaa.c aixE°c oiaa.Ti-ixmrranca:rv~avx~--ram ,.........,.Y Ya...... a .......Y w......... va. ~ . va "7 e 1 nnA ..«.l T..1.. 1 G 1 nnn 1:1..,.,! T«..,,«....,.° C'a.. A:.... Tlx T:TDTA «..«°l.. n07t;lr ,.«.7 nn77il ..1...11 1..,.° tl,` T: IDTT « I.. nn7G7l i,....__., ~ .i..a... z.rpinic°~ru--o~cva 3i J~«e 7 1 nnc r,r„« r :ae„ °«°I ,.l.w;l t°„° the ~,r,,.. 1 ~ 1 nnn n,r ..Y . ~ ~ ..j.....w r~v~-r~TxP n 4 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 tens 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 [~FFfg] 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. [(a~] Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. [(~j] "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or denial of a request for a variance. {(3)] "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet[;] where: [a] A clearly defined channel does not exist; [the] The path of flooding is unpredictable and indeterminate; and [velecity] Velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. [(4~] "Backfill" means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving ["~~.~::at~] floodwater conveyance or to restore the land to the natural contours existing prior to excavation. 5 d, . _ f(~] _ "Base flood elevation BFE "means the water surface elevation of the base flood. ~`:area"of tltbuilding°ha~tn"~", ' ~ br~rilag~ieA(chetQw a~ ~ . [($j] "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by [flead-water] floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a [registered] licensed structural engineer or architect and shall meet the following conditions: (A) breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (B) the elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Coastal high hazard area" -See "Zone V" and "Zone VE." n m t . . t a a't :do.,t;F~ole ,.c.. ~,.,.a [r-ro~ cr'ir'iiaarzcixc'm~1°-ixxcans~rhixc6ruraica c°caaic~ cxx .c a c t.... ..l,l l.e ..oa a ~tling = • oris oi~~~s~oraga~o~pi?Yent or rriaterials. [(-1-~j] "Drainage facility" -See "Watercourse." "Dwelling unit" means one or more rooms designed for or containing or used as the complete facilities for the cooking, seeping and living area of asingle-family only and occupied by no more than one family and containing a single kitchen. [(~-3j] "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain. ' 4vhch :b,~~,• Concrete , , ti ~ _ ~ . ~~r~ "Federal Emergene~gement Agency (FEMAY' means the federal agency responsible for administering and enforcing federal floodplain management regulations. 6 [(~3j] "Fill" is the placement of fill material at a specified location to bring the ground surface up to a desired elevation. ((~j] "Fill material" can be natural sand, dirt, soil or rock. For the purposes of floodplain management, fill material may include concrete, cement, soil cement, brick, or similar material as approved on a case-by-case basis. [(-1-~] "Flood, flooding, or [~'~~=:~at~~r] floodwater" means_ [(t~]~ [a]A general and temporary condition of partial or complete inundation of normally dry land areas from; [(ij]~ [the] The overflow of inland or tidal waters, [(iij)~ [the] The unusual and rapid accumulation of runoff or surface waters from any source [ ..va w.. ~,.,.a:.,,. aor..,oa : .,..1, i n v::~ ,.F...:.1,:., .«F....e~ ..F ....«.....71. ,l«. 1..«A ...1.,... ,....-~L. ,.r.]; and (the]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, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph [''~(1)(A) of this definition. [(~8j] "Flood elevation determination" means a determination by the Federal [ t~~dx3ittistrater] Emergency Management Agency 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. [(~9j] "Flood elevation study" or "flood study" means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination offlood-related erosion hazards. (f~] „ ffi„` a ;~Ybiehthe=Federal ~ ~ w elineated 1?~~ eaili~°~ to the [f~H] - ~ ~ pofiles, . "Floodplain or flood-prone azea" means any land area susceptible to being inundated by water from any source (see definition of "flooding"). 7 "Floodplain administrator" is the individual appointed to administer and enforce the floodplain management regulations. This person shall be the director of public works of the County of Hawaii or the director's duly authorized representative. [(-~4~j] "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, and special purpose ordinances h-as a n ~ °tion "Flood protection system" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed to conform with sound engineering standards. ~ +y -ill ~ h ? Yk f a i~ ~on~b"4nairon u~ .r . f ~$r~e].non- [E~] , , ~ s w~ w = ~ " ~,gy~nate~Fflood ' clue #"pr~pei~}~, vva]'er~~4 ~ ides; structures[>] tl~r r„~ ~ s.~Fajthe [(~9~] "Floodway fringe" is the areas of a floodplain on either side of the designated floodway where encroachment may be permitted. [(3Aj] "Fraud and victimization" related to article 5, variances, of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the director of public works will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are 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 any 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 any structure(s), unaware that it is subject to potential flood damage, and the structure(sl can be insured only at very high flood insurance rates. [(3-1-j] "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 8 unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. [(3~] "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and [skip-l~i}dimg} shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [(33~] "General floodplain" -See "[sane] Zone A." [(34j] "Hardship" as related to article 5, variances, of this chapter means the hardship that would result from a failure to grant the requested variance. The director of public works requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere. v ~ ~:,.N r } tl#" r ~ x i.oi n£of the ground s~~~. . ._..:#x therpiopbse~t ~ ~ . ~ e. I n ,;;~aC?eS ,r LLVG v F `F4'-- is ~ z ~ ~ _ 4 ~.Pa 'Y r ~i n 'F~e req nfs fob' _ , s 'pn` the° ~honalfRegister; , tart', of the ~ ~ ere to sasc~;~ ...~~~1~'S~thCtr { ° x ry of ~ias`been yryP . ^'o L~'i Y iA A Q ~"i~A ~ Pd h li.:.• 1 _ ~a~ ~ t~sof htstor_ is places ~ ~ R « . _ ~ a~ npmgrams_fliat~haue beep ceti~~'t,". letther: x ~ ..=PkdB~''a§°.determined by the Secretary%o~`'_, ono"r; or [(~~~B r [ ""yy" $ ~e ~rgtar„~,rof-;the~Interior in states [k3 pto~eti programs 9 [(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 temporary flooding. [(-38j] "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. [4'-~3l f~ ~Ilp'~~r~~~~p~'~~ " ~y j[~~'"~'~ ~~1~ ~~vb~ ~oro~th~~~ .~,t .~~~x 4.,.-. ~ e clin ' ~ ~~"ieuei~x ` ~of g n. i ~ b rya --3 W ti„' [\'.'/J ~ ~L ya 4 lmirF ' f, 4'4.~'j 33\i q:.~ '.14A/4!WQ~nJ, ent ame" P file-a..,~~ u:5ele;" [f41-)] ~ '~~guoaspazcels) [(4~] "Mazket value." For the purposes of determining substantial improvement, market value pertains only to the structure in question. It does not pertain to the land, landscaping, or detached accessory structures on the property. For determining substantial improvement, the value of the land must always be subtracted. Acceptable estimates of market value can be obtained from the following sources: [(A~] Independent appraisals by a professional appraiser[:] licensed by the State. u Property appraisals used for tax assessment purposes[:] by the County department of finance, real property tax office. [(-B)] ~ The value of buildings taken from National Flood Insurance Program claims data[~~~°°a ° °~~°°«~«°'~~l" This value shall be used as a screenine tool to identify those structures where the substantial improvement ratio is less than forty percent or greater than sixty erp cent. [f£'7~'T'•F.°~ ~ ,......:.'I j.r~ ::~~:~r:.°:.1 j'°agc°n`i'i"- nt- °v"~J ~t,.FF ,.F ?l.° 1,...,.1 1...:1A:«,. A,.«....'„.°«~ 1..,...1 C ..................b ....Y..............,..wua ~.,.,,.....uzs .............Y......,...,... ...~.w u... _fi_fty n° i,. t„ ,..1...« r c °ut.°r thy. ~ ~ r_______ ~_.a., •.J Y~ "br a nmcj-pvi~ciirr .rt.. «t ..«,l « «a 10 [(-03j] "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. [ f44j] "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 vaziances 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. '~liides [f`~l , - :dark :..;file A NL x. [f4-~] "Obstruction" includes but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snaze or collect debris carried by the flow of water or its likelihood of being carried downstream. "Ghana dwelling" means a second dwelling unit permitted to be built as a separate or an attached unit on a building site, but does not include a guest house or a farm dwelling. [(48~] "One-hundred-year flood" means a flood which has a one percent annual probability of being (equalled} equaled or exceeded. It is [~a°,a] also called the "base flood." [(-09j] "One-hundred-year floodplain" means any area of land susceptible to being inundated by water from any source generated by the one-hundred-year flood. [(3A~] "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seawazd and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. [(3l~] "Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use. 11 .w~ `c s#~~s~i~as°~is; =mess". est~horzontal t4 - ea ; _1 ed~ arie~ ..1~ ~ "DTs ~~atr or recce oral z use: [(3~}] "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to dischazge the base flood [s~ibheut ] without cumulatively increasing the water surface elevation. "Repetitive loss structure" means home or business that was damaged by flood two times in the past ten years, where the cost of fully repairing the flood dams eg to the building, on the average, equaled or exceeded twenty-five percent of its mazket value at the time of each flood. [{33j] "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. [(~4~] "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landwazd of the beach. [(3~}] "Sheet flow area" -See "area of shallow flooding." "Single-family dwelling" means a building containing only one dwelling unit. [f~l t s ~~R, dtirelated t. ~~~C-77~~ "State" means the State of Hawaii. [~T7] ~ sv t=s~~. .,~r - ~,a<-+~. _o-~,«.:-r~ €~r, -.e r.z ~3CfL I1CW ...•K,j,~".StATt ~'"i8otual psi"te; '~in,of ti aon;of is~ or ` n the _ ~riits 12 ,...bpart ' the [(38j] t~.~iquid~storage , _ e: ual :~a. [C°P7] .t.1 tent[:]" [L',... rl.e «..««..nnn ..F rl.:.. nl,n«rn.. rl,n .7orn..«:..nr:..« r..., nr..«,.., l...ar r,. T,fn.. C 1007 n« 1...:1.7:.,........«nr......rn.] nRo.. AAn.. C 1047 ..,1.:n6 n «..r ..,:ri,:« n :nl 41.....1 1+.. ~+.....7 n nr rl,n r:...n ..F :nn,.:«.. rl.n 1,..:1.7:.,.. « ....:r,l .er «n.. J T-: ' L m 1 ~ .RtI' a ru71t1©Ii~Ot a ~ ~ ~ ~ n` r'+ ~ ~ EL11 ~ ~~t ~ t~{~ 1S ~ determined and certified by a contractor, engineer, or azchitect licensed by the State, and which ,,start ~i` [twee] ten years ing ,a _:rrn . _ ~ cl~ule " existing tl_ a~S; . .or ~w-- ~ -.~5 ,the 8e~tli . §~hation as a q , , , ctttre. For the purnoses of this chapter, the determination of whether any improvements constitute substantial improvements is applicable only to structures built prior to Mav 5, 1982 or buildings constructed after Mav 5, 1982 which were not within a special flood hazard area at the time of issuing the building_pennit. [(~1-j] "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. c ~ ~ 1' r tierce p "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. 13 [(63~] "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, historic dim or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial damage may occur. [(H4)] "Zone A" is the special flood hazard azea that corresponds to the one-hundred- year floodplains that are determined in the Flood Insurance Study by approximate methods. Because detailed hydraulic analyses are not performed for such areas, base flood elevations or depths have not been determined within this zone. "Zone AE" is the special flood hazard area that corresponds to the one-hundred- year floodplains that 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 hazazd azea that corresponds to the areas of one- hundred-year shallow flooding (usually areas of ponding) where average depths aze between one and three feet. Whole-foot base flood elevations derived from the detailed hydraulic analyses have been determined at selected intervals within this zone. "Zone AO" is the special flood hazard area that corresponds to the areas of one- hundred-yeaz shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average whole-foot depths derived from the detailed hydraulic analyses have been determined within this zone. [(HSj] "Zone A99" is the special flood hazard 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 areas designated as Zone A99. "Zone D" designates unstudied areas where flood hazards aze undetermined, but possible. [(69~] "Zone V" 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 area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. Base flood elevations have not been determined for azeas designated as Zone V. [(-~0)] "Zone VE" is the special flood hazard area that corresponds to the one-hundred- year coastal floodplains extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an 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. [(~I~] "Zone X shaded " a°°~~~°~°~ ° ~'°°a areas] is an area of: [(t4)] ~ [-~n] Moderate flood hazard corresponding to areas of the five- hundred-yeaz floodplain[,], 14 [areas] Areas ofone-hundred-year flooding where average depths are less than one foot[;]; [areas] Areas ofone-hundred-year flooding where the contributing drainage area is less than one square mile[,]; and [areas] Areas protected from the one-hundred-year flood by levees[; /r]\ ....nl Fl,.n.l L..,~n«.7 n «.J:«.. 4.. n ,.,.4n:.lo ..F 41.n F...n r.a«ua . «{~n~a.~~n:.. annn n~n.rn4: ~r.n au«4~n ~n..n n4 ~nnn.. an4nw...:«~~ C « 7~r.u y]. "Zone X (unshaded)" is an area of minimal flood hazazd corresponding to areas outside of the five-hundred-year floodplain. Base flood elevations or depths have not been determined for Zone X (unshaded). ft']...~n n.~ :n 41.n ..4L.n« n n n 41.nr o .,.i 4.. , «n4,.,7; n,] n ...L.e«o yl.....J ~n~an«rln n r.au4u.•.r.:..ur) ~n..4 n: ~.~n 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(s) shall include, but not be limited to: [(aj] ~ Permit review. 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)] B~ All other development permits referred by other governmental departments and agencies shall be reviewed for consistency with the requirements of this chapter; ~ All permits and proposals shall be reviewed to determine that site is reasonably safe from flooding;[ara#] '.:iiir .C1 k ~?O Ot bee' ' atio ~iro~ided: and 15 ~i~P.' % ` l ~~pp Yl(Lt { u ~ i ,,~k ~ , of d: iu: `in d" ~ A i~~~ °t b ft~. ~ 9 v' en , § Ash `"IaAct ,i~ ~ r f ~ II' `i "es a ~s~ ~"ec tt~ f All permits shall be reviewed to determine that the proposed development r,+,.nn .,na „ ne,. nFF na al,n n n:a., nF {..,..e {~..nl, n,nvnti....., {,.,..n l,nn„ uanvm:r,n~ ,.,d n Ff n..a.. rn.r ,,nn r,..a .,un: nr,nana Ti nv ~..mnnnn ~F fl,:n n,,ntiauv ..,1. „1., nFF Han+~ a,...a Q,e ..I na:..n nFF na ..F R,n ~ ] when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood [nieFe-tl~exe-€eet] at any point[.] Require and maintain a copv of the title and si ng afore page of all State and/or Federal Hermits that are required in association with individual de~utment of public works (DPW) grubbing and gradine Hermit applications. Failure of the aHHlicant to Hrovide conies of such State and/or Federal permits shall result in denial and/or revocation of apHlicant's DPW's permit(s). This provision, i.e. paragranh 27-16(1)(F), upon aHHroval of this ordinance, shall take effect on March 31, 2008. ~ Information to be maintained. [~-j] ~ The Flood Insurance Study and Flood Insurance Rate Maps for the County of Hawaii; ~ The certification of lowest floor elevation; [(3~] ~ The certification of floodproofing for spaces below the base flood elevation; 16 [(-0~] ~ The certification of final pad elevation where a site is filled above the base flood elevation; [(3~] ~ The certification that an encroachment in the floodway will not result in any increase in flood levels during base flood discharge; ~ The certification of elevation and structural support for structures in the coastal high hazard azea[--] Require and maintain a copy of the title and si nag tore pages of all State and/or Federal permits associated with grubbing and/or rg ading_permit applications submitted to the department of public works pursuant to this chapter and use adequate internal controls to safeguard and preserve the information. This provision, i.e. pazagraph 27-16(2)(G). upon approval of this ordinance, shall take effect on Mazch 31, 2008. [fs3] ~ Interpretation of maps. The director of public works shall make interpretations where needed, as to the exact location of the boundazies of the azeas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). A person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in article 5. 4 ' ~ ; Rre~ts>~into: submit new~tec+hnical<data. 1.~ , a~~ < - Mood lain a .'~`i~l 'ritlis c dia e meet k (B) The director of public works, the floodplain administrator, or designated person(s) shall conduct a review of requests for a Letter of Map Revision (LOMR), or Conditional Letter of Map Revision (CLOMR), or other Federal Emer¢encv Management Agencv map revision, as may be required by the applicable Federal Emereencv Management A eng cv request form. [(~j] ~ 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 17 order to administer article 4. Any such information shall be submitted to the County of Hawaii for adoption. [(e~] ~ Whenever [a] a~watercourse is to be altered or relocated: ~ Require that the ["~~d-~~] flood-carrying capacity of the altered or relocated portion of said watercourse is maintained; and e r,r°«°rt°.--°«* ^ ] The director of public works, the floodplain administrator, or designated person(s) shall make an independent review of the representation(s) contained within any Federal Emergency Management Apencv map revision request prepazed by an applicant or an applicant's agent. When a BFE may change within a special flood hazazd azea, the applicant shall provide technical and scientific data as required by the floodplain administrator, including preparation of an application for a Conditional Letter of Map Revision (CLOMR). Within three days of the time of submission of a requested CLOMR, the applicant shall provide written notification to the State of Hawaii department of land and natural resources, engineering division, that an application for a CLOMR has been submitted; (D) The applicant and/or the applicant's agents shall not begin any on-site development affectin or impacting the floodplain until an approved Conditional Letter of Map Revision is received from the Federal Emergency Management Apencv; L) Within ninety days of the completion of the alteration or relocation of a watercourse (not the entire development), the applicant shall submit: (i) "As built" plans; (ii) The application for a Letter of Map Revision (LOMR), and any other information required by the LOMR process to the floodplain administrator; and (iii) The director of public works, the floodplain administrator, or desi ng ated person(s) shall make an independent review of the representation(s) contained within any Federal Emergency Management Apencv map revision request prepared b~ applicant or an applicant's agent, to include a review for completeness of required information and a field visit to review general consistency with visible site conditions. 18 Failure to deliver the foreeoing information to the floodplain administrator by the end of the initial ninetydays from the completion of the alteration or relocation of the watercourse shall be a violation of this chanter and each additional day that the information is not delivered shall be an additional violation of this chapter. ~ Take action to remedy violations of this chapter as specified in article 6." 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. (al Special flood hazard areas. Pre-construction and post-construction certification of elevation and floodproofing of new construction, improvements to repetitive loss structures, development, and substantial improvements within areas of special flood hazards shall be submitted to the director of public works and shall be maintained as a matter of public record. [(-aj] ~ 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: [(~-j] ~ Certification of building plans. Each set of building plans shall be certified by a structural engineer or architect, currently [registered] licensed in the State of Hawaii, to be in compliance with the requirements of this chapter. ~ 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. [f3j] ~ Special flood hazards area certification. The County of Hawaii "Special Flood Hazard Area Certification" form, as amended, shall be completed and certified by a structural engineer or architect currently [registered] licensed in the State of Hawaii. The completed "Special Flood Hazazd Certification" shall be submitted for approval with the building plans. [(-0~] ~D Floodproofing certification. For all new nonresidential construction and substantial improvement with enclosed areas below the base flood elevation, the Federal Emergency Management Agency "Floodproofing Certificate" form, as amended, shall be completed and certified by an engineer or azchitect currently [registered] licensed in the State of Hawaii and 19 shall be submitted for approval with the building plans. The director of public works may require additional information regarding the floodproofing design from the permit applicant and the applicant shall provide it. The information required may include the design data and calculations used in the floodproofing design, a detailed flood elevation study, a drainage report, and other information as determined necessary by the director of public works to establish compliance with the provisions of this chapter and to promote public welfare and safety. ~ Post-construction certification. Requirements for approval of the certificate of occupancy shall include the following items, as applicable, and any additional items as required by the director of public works to promote public welfare and safety: ~ Elevation certification. The Federal Emergency Management Agency "Elevation Certificate," as amended, shall be completed and certified by a land surveyor, civil engineer, or architect currently [registered] licensed in the State of Hawaii and submitted for approval with the application for the certificate of occupancy. The information certified within the "Elevation Certificate" shall be based on actual construction. ~ Compliance with other requirements of this chapter. (b) Other areas: Zone X (shaded and unshaded). Approval of the certificate of occupancy shall include a completed elevation certificate provided by the department of public works. The certification shall be completed by the property owner, land surveyor, civil engineer, or architect currently licensed in the State of Hawaii. The certification shall be based on actual construction." SECTION 11. Chapter 27, article 4, section 27-18, Hawaii County Code 1983 (2005 Edition, as amended), is hereby amended to read as follows: "Section 27-18. Standards for construction. (a) Special flood hazard areas. Standards for construction within areas of special flood hazards are established as follows: [(~j] ~ Anchoring. ~ New construction, improvements to repetitive loss structures, and substantial improvements shall be adequately anchored to resist flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. ~ All manufactured homes, including mobile homes, shall meet all standards for structures. 20 ~ Construction materials and methods. [(-l-j] ~ New construction, improvements to repetitive loss structures and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage. [(~j] ~B 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-conditioning equipment, and other service facilities including, but not limited to, furnaces, heat pumps, hot water heaters, washers, dryers, elevator lift equipment, electrical junction boxes, circuit breaker boxes, and food freezers that are located above the base flood elevation. [(-0~] ~ Within Zones V and VE, new construction, improvements to repetitive loss structures, and substantial improvements shall comply with the standards of section 27-23. x ~ Q., ~~a ~ a~~- ~ ~ ~ W, Recreationali." ~ ~ ~ 1 ~ ~ # ~ ~ ~ ~ ~A,~~-and ' k~eon the"si Qu ~ x+e davs [(c~] ~ Filling. ~ Within a floodway, [f:1Tt»g] enono~alurt®ntsrieluding filil, new ' "`dif im rovements to re etitive loss structures stdnttal[itnpr~iFi!~mittt~+~c11©C'her de'elbpm~ts'rshall be prohibited unless certified by a professional civil engineer [registered] licensed in the State of Hawaii, with supporting data, that the encroachment will not cause any increase in base flood elevations during the occurrence of the base flood discharge. .M1 ~B Require ' ` 1' p fl o~ Y ~ddEa~ ~tedythat no new~con ~ ~ ~ s e ' ~ ualo ment . :r } ~ a'i `r .lithe S I L LLlVi~~ r e ' e~the ~"`f more thaii`~oa " t [(~j] ~ Within all zones of special flood hazards, but not including ~orie~AE?aiYti floodways, filling which would result in the blockage or impediment of flow and/or induce or aggravate 21 flooding shall be prohibited unless certified by a professional civil engineer [registered] licensed in the State of Hawaii, with supporting data, that the encroachment will not cause any increase in base flood elevations during the occurrence of the base flood dischazge. [(~J ~D Within floodway fringe areas, filling to elevate the lowest floor of a nonresidential structure may only be permitted where the structure: [(~J ~ Is floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water, and [(-)T}] ii Has structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. [{14j] ~E In Zones V and VE, filling and the use of fill material for structural support of buildings shall be prohibited. (F) Within areas where the trade of the natural elevation of the Around surface prior to construction exceeds ten percent, filling, rg adin¢, and other development which may increase flooding or erosion hazazds shall be prohibited unless a professional civil engineer licensed in the State of Hawaii certifies that the development will contain its own runoff and not increase flooding or erosion in other areas. Creation of impermeable surfaces on such sloping areas will be limited to no more than forty percent of the total land area of any 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 trading or infrastructure construction plan. This provision, i.e. pazatraph 27-18(a)(3)(F), upon approval of this ordinance, shall take effect on March 31, 2008. [(d)] ~ Elevation and Floodproofing. [(~-j] ~ Within Zones AE and AH: [EAj] l~ For residential new construction, improvements to repetitive loss structures, and substantial improvements[.], (The] the lowest floor shall be elevated to [er abeve] the base flood elevation plus a freeboazd of at least one foot. ii For nonresidential new construction, improvements to repetitive loss structures, and substantial improvements[:], t*~t30r shal~tl` ~ ` ' - x '";base fl" on plus a freeboard of at least one foot. If the lowest floor is below the base flood 22 elevation, then the structure together with attendant utility and sanitary facilities shall be designed, [arul] constructed i' rtifted=by a : . ~'''Fl a sia'~iiteet licensed in the State of Hawaii such that: [(3j] ~ The structure is watertight below the base flood elevation. [(-iij] ~ The walls are substantially impermeable to the passage of water. [(-iiij] cc The structural components are capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. iii Within Zone AH, new construction, improvements to repetitive loss structures, and substantial improvement shall be required to provide adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. iv ~iil " 's~, 1 ~ ~orthat ra, t ~ bh..~~ ~f }^l 4~ H a Y~ ff.~ tV ~ i 2 r C~,~Teat~d hers. I)e' ~ ,f~b,1~11~~kientitnust e'i : ` ~ ~ " ~ ~ t~ e~"r~`~~rofessional oi`.` ° 1 ~ rrieP" s " t heensed rn the State d it P6 IY~i t ' qii .try; ofHaffwai`i "~z~ ~.J ~ ~~Y q~~~'L' 9r ~st~~ . a~ua d~tl t~ } I ~ iipp ~ ~1a Y',~ ~ X41 a ' 'for 1 t ~ z~~.,.~>,. a 1. ~f b8 Ethan 'a =be 5 ~ `rt'mit ~.a,C floo ers: [(~j] B~ Within Zone AO: [(~j] ~ For [new] residential new construction, improvements to repetitive loss structures, and 23 substantial improvements[:]~[~e] 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, or at least [five} three feet if no depth number is specified. [(43j] ii For nonresidential new construction, improvements to repetitive loss structures, and substantial improvements ~g ~ 'dlcior "all be e~t"~ ~ ~ , e ~ ' one foot above _ three ` ~'~~is s`Lry' 'ed. If the lowest floor is ['~n~e oi,......:,....or _,...,.ea ' less than one foot above the depth number specified in feet on the FIRM, or less than three feet if no depth number is specified, then the structure together with attendant utility and sanitary facilities, shall be r~., designed, ed b' . a W* s ~ ~,r ~9r:OI' arC~~licensed in the State of Hawaii, such that: [ fij] as The structure is watertight below the referenced flood elevation. [(-iij] Lbb~ The walls are substantially impermeable to the passage of water. [(-iit~] cc The structural components are capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. [tom] iii New construction, improvements to repetitive loss structures, and substantial improvement shall be required to provide adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. [(-3~] ~ Within Zones V and VE: New construction, improvements to repetitive loss structures, and substantial improvement shall comply with the standards of section 27-23. [f4j] ~ Within Zone A: New construction, improvements to repetitive loss structures, and substantial improvement shall comply with the standazds of section 27-24. [(e~] ~ Certification Requirements. All new construction, improvements to repetitive loss structures, and 24 substantial improvement within azeas of special flood hazard shall be certified as required by the standazds of section 27-17. (b) Other azeas: Zone X (shaded). For new construction, the lowest floor shall be elevated at least two feet above the adjacent grade. (2) For concrete basements with habitable room(s), the sill plate shall be at least one foot above the adiacent grade. (31 New construction shall be required to provide drainage azound and away from proposed structures. {4) The director or desi an ted representative may waive this requirement when topographical data or evidence, submitted by a civil engineer or land surveyor currently licensed in the State of Hawaii, indicates that there aze no appazent flood hazazds to the proposed structure. This provision, i.e. subsection 27-18(b), upon approval of this ordinance, shall take effect on Mazch 31, 2008. (c) Within Zone X (unshaded): (1) For new construction, the lowest floor shall be elevated at least one foot above the adjacent grade. (2) For concrete basements with habitable room(s), the sill plate shall be at least one foot above the adiacent grade. New construction shall be required to provide drainage azound and away from proposed structures. (4) The director or designated representative may waive this requirement when topographical data or evidence, submitted by a civil engineer or land surveyor currently licensed in the State of Hawaii, indicates that there is no apparent flood hazazds to the proposed structure. This provision, i.e. subsection 27-18(c), upon approval of this ordinance, shall take effect on Mazch 31, 2008." SECTION 12. Reserved. SECTION 13. 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) Special flood hazazd areas. (1) All new subdivisions and other developments within azeas of special flood hazazds " °a shall: 25 [(-1-~] ~ Be consistent with the need to minimize flood damage; ~ Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage; and [(3~] ~ Have adequate drainage provided to reduce exposure to flood damage. [(-bj] ~ All subdivision and other development applications shall identify the areas of special flood hazards and base flood elevations on the proposed site. If such information is not provided by the Flood Insurance Rate Maps, the director of public works shall request and the applicant shall provide such information. [(c~] f 3~ Finally approved subdivision plans for subdivisions within areas of special flood hazards shall provide base flood elevations for each of the lots. f/,7\] /n\ (\I/l. o.., at.n Fl,.,.,]..t n:.. n.l...:«:nhrn4..« l,nn .7 nn:...,nan.7 n n ..F LC~7 t~~ t :nl Fl ,....1 1...........1.. / A ..n\ 1.., al.e ..,.l.l:..nti.... ,.F «:a..>n L'LIDT,f n« CTD T.T l...a l.nn n:al.n« ..«n..l....n.l ,nao« .«Fn.... ..1,.....a:,.... .l..a.. ;,l n..a: F. n,] n Fln,..l...n. onto! 1,:..1. hn..n«.l n n R.n Fln..,l«1..:« ..,1....:..:..a«..a..« ..L...il. an.rnl,.««.n..hn ..nt..~:..~ ht.n .~tnnn.a.n..a ..F ...n....F nh..«e!t F %'.~Re~icesed develepn.eat~s.~ure~hh~ll n«anl n n F«.......,l.: nl. n .nl «,,,1 1,. ,.a„«..t ca...o t,..., :..,.t..,l:..,. ..,,,.a:,... non ,.r al.n i,`,.,7.,«..1 II L.a,.« D,.11.. a: r,.«a«,.1 A,.a n.....,.«,l„.n„an nF ur.an nnhnr h{.nr. n:ll.u« FlFa.. t..1.. pr:,YCC:,c u.,..,.:,~..: Fl..n n nt...l.. t....... Fl.....1 ..tnvnh: nr. !loan natr:« Q.u n1' ~k ~'`rone ,e 1 d `"''e ~ 'with tl't owin 26 (A) Be consistent with the need to minimize flood damage; (B) Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage; [(3)] (C) Have adequate drainage provided to reduce exposure to flood damage; (Dl Comely with the requirements of section 27-24; [(3~] (E) The floodplain administrator shall require and maintain a copy of the title and si age tore pa eg s of 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. This provision, i.e. pazagraph 27-20(a)(4)(El, upon approval of this ordinance, shall take effect on Mazch 31, 2008; and [(§j] (F) 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. [ce~I€€~s-~tse~t~ele~~-~,~~~~,~~~~~, ,.1.,...e fl.e I,,,..e 41..,.,1 ..1 Q,.. «.,1 01 o...,ti..« ..F,6o Cll:«,. ..«.1 ?l,e F. «..I el e..,.ti..« ..F ~l,e ..:~e „F~e« F. n:«.. ~l...ll l,e ,.e«': F.vA 1... „ «..f ~~:..«.,1 ,:1 0 . 1.,«.1 e«N.. «e..:..te«vA the C~„~e ..F II.,,..,,: (b) Other areas: Zone X (shaded and unshaded). All new subdivisions and other developments within azeas designated as Zone X (shaded) or Zone X (unshaded) shall comply with the following (1) The floodplain administrator shall require and maintain a copy of the title and signature pages of all necessazy 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. This provision, i.e. pazagraph 27-20(b)(1), upon approval of this ordinance, shall take effect on Mazch 31.2008. (2) If the floodplain administrator determines that there are indications of flood hazazd present, the floodplain administrator shall require the applicant to determine the base flood elevations." 27 SECTION 14. 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 Rate Maps and located within areas of special flood hazard is the watercourse reserved to discharge the base flood. Since the floodway is an extremely hazazdous area due to the velocity of [f]eed waters] floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: [(aj] ~ Encroachments, including fill, new construction, improvements to repetitive loss structures, substantial improvement, and other new development shall be prohibited unless certification and supporting data is provided by a [registered] licensed professional engineer or azchitect demonstrating that the encroachment will not cause any increase in base flood elevations during the occurrence of the base flood discharge. ~ If an encroachment within a floodway is allowed under the conditions of pazagraph 27-22(11, all new construction, improvements to repetitive loss structures, substantial improvement and other proposed new development shall comply with all applicable flood hazard reduction provisions established in this chapter. [(e~] ~ The following uses, not involving fill, shall be evaluated on a case-by-case basis to establish that the use does not cause any increase in base flood elevations: [(4-j] ~ Public and private outdoor nonstructural recreational facilities, lawn, garden, and play areas; [(2)] ~ Agricultural uses, including farm, grazing, pasture, and outdoor plant nurseries; and [(3j] Drainage improvements, such as channels and stream crossings." SECTION 15. 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 azeas, 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 standards shall apply: [(-aj] ~ All new construction, improvements to repetitive loss structures, and substantial improvements in a coastal high hazard azea shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage. [(4~] ~ 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 28 and columns, is elevated to jer-~e~el at least the base flood [level] elevation with a freeboard of at least one foot. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. The wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year. ~ New construction, improvements to repetitive loss structures, and other development shall be located on the landward side of the reach of mean high tide. [(dj) ~ New construction, improvements to repetitive loss structures, and substantial improvement shall have the enclosed space, if any, below the lowest floor free of obstructions and constructed with breakaway walls as defined in section 27-12. Such enclosed space shall not be used for human habitation and will be useable solely for parking of vehicles, building access, or storage. Machinery and equipment which service the building, such as furnaces, air conditioners, heat pumps, hot water heaters, washers, dryers, elevator lift equipment, electrical junction and circuit boxes, and food freezers are not permitted in such enclosed spaces. The enclosed space must only be achieved with breakaway walls, open wood lattice-work, 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: ~ 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 and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval). [(e)] ~ Fill shall not be used for structural support of buildings. ~ Man-made alteration of sand dunes which would increase potential flood damage is prohibited. [(g)] ~ All new construction, improvements to repetitive loss structures, development, and substantial improvement within coastal high hazard areas shall be certified as required by section 27-17. E ated~an , °""`^oir ,e~stfe. `rit~ss 't~ e, tinlred 29 ~sG~'iy~da!tis~o~i ; lro licensed aniis]rrtiuay>readv.,, SECTION 16. 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 Zone A . The general floodplain, identified as Zone A on the Flood Insurance Rate Maps, are areas of special flood hazards for which detailed engineering studies aze not performed by the Federal [ ]Emergency Management Agency 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 Federal, State, or other source, including information requested of a permit applicant. [(4~] ~ [SubdiYisiert] Development or subdivision proposals shall conform with the requirements of section 27-20. ~ 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: ~ Project location and site plan showing dimensions. ~ Relationship to floodway and floodway fringes as determined by flood elevation study. [(33] ~ Contour map showing the topography of existing ground based on elevation reference mazks on flood maps. The scale and contours are to be appropriate to the work in question. [E4j] ~ Existing and proposed base flood elevations. [(3j] ~ Existing and proposed floodproofing and flood control measures. [(dj] ~ 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 paragraphs 27-24(1) and ["n-i4'~] 27-24(21. [(t~j] ~ The director of public works may waive informational requirements if the director of public works has sufficient information to make an evaluation and determination regarding flood elevation or may request further information, including a detailed flood elevation study and a drainage report, to evaluate flood risks and determine the applicability of flood construction and development standards. ~ 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." 30 SECTION 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, improvements to repetitive loss structures, and substantial improvements proposed adjacent to drainage facilities outside of the special flood hazard areas identified on the Flood Insurance Rate Maps shall be subject to review and approval of the director of public works. [(-a~] ~ Upon request by the director of public works, the applicant shall provide further information concerning base flood elevation, floodways, surface water runoff, existing and proposed drainage patterns, and other information, including a detailed flood elevation study, drainage report, and findings and opinions by a [registered] licensed professional civil engineer licensed in the State of Hawaii, shall be provided to evaluate potential flooding. ~ The director of public works shall determine the applicability of the various development and construction standazds provided in this chapter based upon information available from a Federal, State, or other source, including information provided by the permit applicant. [(e3] ~ A drainage facility shall not be modified, constructed, lined, or altered in any way without the approval of the director of public works." 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 Standard," October 1970 edition, or latest revision, is incorporated into and made a part of this chapter. These standards have been prepared to guide County engineers and personnel, engineers for subdivision and other developers, consultants employed by the department of public works, and other interested parties in the general features required for the design of storm drainage facilities, preparation of flood hazard studies, and other related work in the County of Hawaii. This standard shall be subiect to the following exception: All new subdivisions and developments, requiring a site drainage_plan pursuant to the zoning code, section 25-2-72(31, except single-family dwellings, duplexes, and ohana dwellings, shall be reauired to dispose of the difference between the pre-development dischazge amount and the post-development dischazge amount based on the expected one-hour, 25-year storm event. T'he standazd created by this subsection shall prevail until such time that the department of public works "Storm Drainage Standazds," dated October 1970. or an~pproved revision, is amended to conform to either the expected one-hour, 25-veaz storm event or to a higher standard if reauired by the floodnlain administrator or this chanter. The 31 25-yeaz storm event shall be interoolated from elate 1 (10-veazl and elate 2 (50- veaz) from the department of public works' `Storm Drainaee Standazds. This provision, i.e. subsection 27-26(61. upon approval of this ordinance, shall take effect on Mazch 31, 2008."' SECTION 19. Chapter 27, article 5, section 27-27, Hawaii County Code 1983 (2005 Edition, as amended), is hereby amended to read as follows: "Section 27-27. Criteria for variances. A variance from this chapter may be issued by the director of public works only upon the applicant meeting the vaziance criteria of this section. The variance 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 vaziance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent pazcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the County of Hawaii to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements of this chapter are quite rare. The variance guidelines aze detailed and contain multiple provisions that must be met before a variance can be properly granted. The following criteria aze designed to screen out those situations in which alternatives other than a vaziance aze more appropriate: [(-aj] ~ Generally, vaziances 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 justification required for issuing the variance increases. ~ Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. ~ Variances shall only be issued upon: ~ A showing of good and sufficient cause. Under this criteria, the applicant must demonstrate that the vaziance 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 criteria, only exceptional instances should arise where the physical chazacteristics of properties create a hardship sufficient to justify granting a variance. Even in a fairly common 32 situation where an undeveloped lot is surrounded by properties with stmctures built at grade and/or below flood levels, a vaziance cannot be justified since an applicant can erect the concerned structure on pilings, etc.; [(~j] ~ A determination that failure to grant the variance would result in exceptional "hardship" (as defined in section 27-12) to the applicant. Under this criteria, the hardship that would result from failure to grant a requested variance must be exceptional, unusual, and peculiaz to the property involved. Economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors cannot, generally, qualify as exceptional hardship. Under this criteria, 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 constmct a ramp or elevator to meet flood requirements. Elevation will allow the infirm or handicapped person to be evacuated in the early stage of flooding, and, if there is insufficient warning or help in evacuating that person, then, in all likelihood, he can survive the flood by simply remaining in the home safely above the levels of [flae~wateFS;] floodwaters; [(3~] ~ A determination that the variance is the "minimum necessary" (as defined in section 27-12), considering the flood hazard, to afford relief. Under this criteria, the variance that is granted should be for the minimum deviation from the flood requirements that will still alleviate the hardship. In the case of variance to an elevation requirement, this does not mean approval to build at grade level or to whatever elevation an applicant proposes, but rather to a level that the director of public works determines will provide relief and preserve the integrity of the flood ordinance; and [(~j] ~ A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinazy 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, an applicant must demonstrate that flood levels will not be raised above the base flood elevations. ~ Variances may be issued for new construction, improvements to repetitive loss structures substantial improvement, and other proposed new development necessary for the conduct of a "functionally dependent use" (as defined in section 27-12) provided that the provisions of paragraphs [2=F- 2a{a)] 27-27 1 through 27-27(31 are satisfied and that the stmcture or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 33 [(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. ~ 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 aze the minimum necessary to assure safe living conditions. [(g)] ~ Variances may be approved with conditions. Such conditions may include: f A~ Modification of the construction or substantial improvement, including the sewer and water facilities. ~ 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. [(3j] l~ Floodproofing measures designed consistent with the regulatory flood elevation, flood velocities, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. ~ Other conditions as may be required by the director of public works to promote public welfare and safety." SECTION 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 [registeFed] licensed professiona? engineer or architect, and shall include three sets of documents with the following information as may be applicable: [(a~] ~ Plans and specifications showing the site and location; dimensions of all property lines and topographic elevation of the lot; existing and proposed structures and improvements, fill, storage area; locations and elevations of existing and proposed streets and utilities; floodproofing measures; relationship of the site to the location of the flood boundary; floodway; and the existing and proposed flood control measures and improvements. [(b-}] ~ Cross-sections and profile of the area and the regulatory flood elevations and profile based on elevation reference marks on flood maps. [(c-)] ~ Flood study and drainage report in azeas where a study and report have not been reviewed and accepted by the County of Hawaii. [(d~] ~ Description of surrounding properties and existing structures and uses and the effect of the regulatory flood on them caused by the variance. ((e)] ~ Evaluation and supporting information for the variance with respect to the factors to be considered by the director of public works as listed in pazagraphs 27-27 1 through [~1~] 27-27(6). 34 ~ An agreement that a covenant will be inserted in the deed and other conveyance documents of the property and recorded with the bureau of conveyances of the State of Hawaii, stating that the property is located in a flood hazard area subject to flooding and flood damage; that a flood hazazd variance to construct a structure below the base flood elevation will result in increased flood insurance rates and increases flood risks to life and property; that the property owners will not file any lawsuit or action against the County of Hawaii For costs or damages or any claim; that the property owners will indemnify and hold harmless the County of Hawaii from liability when such loss, damage, injury, or death results due to any flood hazazd vaziance and flooding of the property; and that upon approval of the vaziance, 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 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 vaziance to construct a structure at elevations below the base flood level will result in increased premium rates for flood insurance[ru'tn°" h~otiiesi~~ci~ ' ~s%u~a>7e~~a!eraee; (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 appears in the chain of title of the affected parcel of land. (b) A record of all variance actions, including justifications for issuance of any variance[;] and written notices, shall be maintained by the director of public works. A report of the variances issued shall be included in the biennial report submitted to the [r'°rl°«n~ rr,m,«nr,nn A ~m~e~nk«M~°r,'] Federal Emergency Management Agency." SECTION 22. Chapter 27, article 6, section 27-34, Hawaii County Code 1983 (2005 Edition, as amended), is hereby amended to read as follows: "Section 27-34. Administrative order. (a) In lieu of or in addition to section [~~3z?] 27-33, if the director of public works determines that any person, firm, or corporation is not complying with the requirements of this chapter or a notice of violation for a violation of this chapter, 35 the director of public works may have the party responsible for the violation served, by certified mail or delivery, with an order pursuant to this section. (b) The order may require the party responsible for the violation to do any or all of the following: (1) Correct the violation within the time specified in the order; (2) Pay a civil fine of not less than $500 and not more than $1,000 in the manner, at the place, and before the date specified in the order; (3) Pay a civil fine of not less than $500 per day and not more than $1,000 per day for each day that the violation persists, in the manner and at the time and place specified in the order. (4) Pay a civil fine of $1,000 per day for violatin¢ the provisions of section 27-16(6)(El. (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 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 Hawai `i, 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 [°°~r] article." SECTION 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 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 36 of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 26. This ordinance shall take effect upon its approval, provided that the provisions of this ordinance that amend pazagraph 27-16(1)(F), paragraph 27-16(2)(G), pazagraph 27-18(a)(3)(F), paragraph 27-18 (b)(4), paragraph 27-18(c)(4), pazagraph 27- 20(a)(4)(E), paragraph 27-20(b)(1), and subsection 27-26(b) shall take effect on March 31, 2008. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of Is` Reading: Date of 2"d Reading: Effective Date: 37