COM 0598.012 2006-2008 - Laserfiche WebLink

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HLPC Testimony 22 August 2007 Re: Bill 151 Bill 151, Section 27-18 (F) proposes that "Within areas 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." Insurance carriers, who provide errors and omissions (E&O) coverage to civil engineers, have stated that they will not offer E&O coverage for the proposed certification. This begs the question as to whether this proposed requirement is "reasonable for regulatory purposes." Bill 151, Section 27-18 (F) also proposes that "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" This requirement begs to question whether the test for rational proportionality has been applied. While to date, Bill 151, Section 27-18 (F) in its entirety has been devoid of any evidence of "scientific and engineering considerations', HLPC has previously recommended and reiterates its recommendation that the proposed language be amended to read "Within areas of special flood hazard where the grade of the natural elevation of the ground and "Creation of impermeable surfaces on such sloping areas will be limited to no more than forty percent of the portion of the total land area within the Special Flood Hazard zone. • Section 27-26. Storm drainage standards. Bill 151, Section 27-26 (b) proposes that "All new subdivisions and developments, 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." What "scientific and engineering considerations" have been taken into account to exclude single-family dwellings, duplexes, and ohana dwellings? What about triplexes or subdivisions of single-family dwellings? More importantly, what scientific and engineering considerations have been utilized to support the requirement for the one-hour 25-year storm event versus the current one-hour 10-year storm standard? Bill 151, Section 27-26 (b) further proposes that "The 25-year storm event shall be interpolated from plate 1 (10-year) and plate 2 (50-year) from the department of public work's Storm Drainage Standards." What scientific and engineering basis is being used to support that such interpolation accurately identifies a 25-year storm event? Why interpolation versus use of scientifically and engineered supported 25-year storm event standards identified by sources for example, such as, the Soils & Water Conservation Districts? Page 3 of 4