HomeMy WebLinkAboutBIL 151 Draft 02 2006-2008 ~tv,w
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 151
ORDINANCE NO. (nl~' 2)
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 [gteal-hies] 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-i. 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 '^'n~ znn o. ~n , nn ] 46-1.5(5), 46-
1.5(14)' 46-11, 46-11.5 and 46-12 conferred upon the various counties the authority to
adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry." ~
"Section 27-3. Purpose.
It is the purpose of this chapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed:
[Ea)] To protect human life and health;
To minimize expenditure of public money for costly flood control projects;
[(c~] ~ To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
~ 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;
[(g)] ~ To assist in notifying potential buyers that property is in an area of special
flood hazard; [and]
[(h)] To ensure that those who occupy azeas 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 eg neral•"
"Section 27-4. Scope and methods.
In order to accomplish its purposes, this chapter includes methods and provisions [€erJ to:
[(a)]OJ [D°~] Restrict or Wig] rp ohibit uses which aze 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;
[(~](2) [Requir~g] Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of initial
construction;
[(e-}](3) [Eeatrallirig] Control the alteration or relocation of natural floodplains,
watercourses, and natural protective barriers, which help
accommodate or channel [fleed-waters] floodwaters;
Control fill, grading, dredging, and other development which
may increase flood damage; and
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[(ej]LS) [I?reventixg] Prevent or [regxlating] regulate the construction of flood barriers
which will unnaturally divert [Need-waters] 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;
[aII] All areas [ ]identified by the Federal
[Insure ~~it3isteatiee] Emergency Management Agency in a
scientific and engineering report entitled "Flood Insurance Study," dated
[r"'° April 2, 2004, with accompanying Flood Insurance Rate
Maps and all [st~segxent] future chances, revisions and amendments[,] to
these documents. These azeas are as follows:
(A) Floodway fringe -Zones AE, AH, and AO.
(B) Floodway.
{Cl Coastal high hazazd (tsunami) - Zones V and VE.
(D) General floodplain -Zone A.
Land adiacent to drainage facilities, and Zone A99.
(F) Other areas - Zone X (shadedl and Zone X (unshaded).
[ ~~-s'n'] All areas outside the identified special flood hazard
areas that [ease~assir~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 hazards.
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(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
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necessazy agency approvals by May 5, 1982.
(3) Carnivals, lii`aus, fairs, and camping tents of a temporazy nature which are
not in a floodway.
(4) mt,...r ..,.°a ..°..°t,.....«,.a] Non-fenced, at- rg ade outdoor swimming pools.
(5) Signs [ivlriek] that are not in a floodway.
(6) Demolition."
SECTION 5. Chapter 27, azticle 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 [r'°a°~°'
^ a-~~~~~'-°'~°~ °r'''°] Federal Emergency Management Agency in the Flood Insurance
Study dated [3a~;-1-49&;] A~ri12, 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. [Tt,:.. >;t,.°a r..°,.«°..°° e.,,a.. °..,t °.,°..a°,,..,,.,.,..:..,, ,.,:,t. ,,..a°.°......a
ehaptef] The Flood Insurance Study and Flood Insurance Rate Maps, [as-arr~ende~] and
all future chances, revisions, and amendments to these documents, are on file at the
Aupuni Center, Department of Public Works, 101 Pauahi Street, [lieerH] Suite 7, Hilo,
Hawaii 96720.
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SECTION 6. Chapter 27, article 2, section 27-8, Hawaii County Code 1983 (2005
Edition, as amended), is hereby amended to read as follows:
"Section 27-8. Other laws and regulations.
All construction and improvements subject to this chapter shall comply with other
applicable laws and regulations including, but not limited to, the zoning, building,
electricity, plumbing, subdivision, erosion and sedimentation control chapters of the
Hawaii County Code, and the storm drainage standards, October 1970 edition, or later
revisions of the County of Hawaii. This chapter, designed to reduce flood losses, shall
take precedence over any less restrictive, conflicting laws, ordinances, and regulations.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another chapter,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the event of a conflict between this chapter and the National Flood Insurance
Program and Related Regulations (NFIP), as amended, the 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.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
[(-1-)] "Accessory use" means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
"Appeal" means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter or denial of a request for a variance.
"Area of shallow flooding" means a designated AO or AH zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet[;]
where:
[a] A clearly defined channel does not exist;
[tl3e] The path of flooding is unpredictable and indeterminate; and ,
[velee-ity] Velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
[(-0~] "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
[fleed-water] floodwater conveyance or to restore the land to the natural contours existing
prior to excavation.
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{{S}] "Base flood" means the flood having a one percent chance of being [eled}
equaled or exceeded in any given yeaz, It is also called the "one-hundred-year
flood"[~].
{(Hj] "Base flood elevation (BFE)" means the water surface elevation of the base flood.
"Basement" means any area of the building having its floor subgrade (below
ground level) on all sides.
[(8j] "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 cazried by ["~s] 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 hazazd azea" -See "Zone V" and "Zone VE."
,.a,,,..:,.« ,:.7.,......,1.: ,.1..1.E Fl,....J « ,..e..ti..« .:.J e.7 M...l.e a«ti«e .....ae«.
(~-1-j] "Development" means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
[(k2~] "Drainage facility" -See "Watercourse."
"Dwelling unit" means one or more rooms designed for or containing or used as
the complete facilities for the cooking. sleeping and living azea of asingle-family only
and occupied by no more than one family and containin a single kitchen.
"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.
[(-14j] "Existing manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed before May 5, 1982.
"Federal Emergency Management Agency (FEMA)" means the federal agency
responsible for administering and enforcing federal floodplain management regulations.
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[(~-Sj] "Fill" is the placement of fill material at a specified location to bring the ground
surface up to a desired elevation.
"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.
[(-d-~j] "Flood, flooding, or [#~eed-water] floodwater" means;
[(~j]~ [a]A general and temporary condition of partial or complete
inundation of normally dry land areas from;
[(-rj]~ [tie] The overflow of inland or tidal waters,
[(-iii] B~ [the] The unusual and rapid accumulation of runoff or
surface waters from any source
^Fnt]• and
[(-1~]~ [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 "~(11(A) of this definition.
[(~8j] "Flood elevation determination" means a determination by the Federal [Iasaraaee
tiaistratsF] Emergency Manaeement A¢encv 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 year.
[(~9)] "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.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency [ ]has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
[(~-1 j] "Flood Insurance Study" means the official report provided by the Federal
[ ] Emergency Manaeement Agency that includes flood profiles,
the Flood Insurance Rate Map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being
inundated by water from any source (see definition of "flooding").
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[(~3j] "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 prepazedness plans, flood control works and floodplain management
regulations.
[(-~5)] "Floodplain management regulations" means zoning ordinances, subdivision
regulations, building codes, health regulations, and special purpose ordinances such as a
floodplain ordinance or an erosion and sedimentation control ordinance) and other
ayalications of police power. The term describes such state or local regulations, in anv
combination thereof, which provide standards for the purpose of flood damage prevention
and reduction.
[(~j] "Flood protection system" means those physical structural works for which funds
have been authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the azea within a
community subject to a "special flood hazazd" and the extent of the depths of associated
flooding. Such a system typically includes hurricane tidal bazriers, dams, reservoirs,
levees, or dikes. These specialized flood modifying works are those constructed to
conform with sound engineering standards.
"Floodproofing" means any combination of structural and non-
structural additions, changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary facilities, structures[,]
and their contents.
[(~8j] "Floodway" or "regulatory floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to discharge the
base flood r.4~.....4 L,4...°~.. ....,.~°n n~.,° fl,u mkun mwCnru °~mmti°r,
€eet] without cumulatively increasing the water surface elevation f"""'°~tl.
[(~9j] "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 are subject during all those years to increased risk of
damage from floods, while future owners of the property and anv structure(s) and the
community as a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future owners may purchase the
property and anv structure(s), unaware that it is subject to potential flood damage, and the
structure(s) can be insured only at very high flood insurance rates.
[(-31-)] "Freeboazd" 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-bxi{~g} 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 vaziance 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 hazdships. 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
vaziance, or if they require the property owner to put the parcel to a different use than
originally intended, or to build elsewhere.
[(33j] "Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
[(36j] "Historic structure" means any structure that is:
~ [listed] Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminazily
determined by the Secretazy of the Interior as meeting the
requirements for individual listing on the National Register;
~ [c-erti€ted] Certified or preliminazily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
[(C~] ~ [~iy] Individually listed on a State of Hawaii inventory of
historic places[;] where the historic preservation program has been
approved by the Secretary of the Interior; or
~ [~l}°] Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
[(-ij]~ [~y] 1~ an approved State program as determined by the
Secretary of the Interior, or
[diree~}y] Directly by the Secretary of the Interior in states
[with] without approved programs.
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[(3 ~j] "Levee" means aman-made structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to contain, control, or
divert the flow of water [se-as] to provide protection from temporazy flooding.
[(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.
[(39~] "Lowest floor" means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for pazking of
vehicles, building access, or storage in an area other than a basement area is not
considered a building's lowest floor provided that such enclosure is not built [se-asl to
render the structure in violation of the applicable [nmz°ci°c`,'u~nvn] non-elevation design
requirements of this chapter.
[(49j] "Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home"
includes a "mobile home" but does not include a "recreational vehicle."
[(~4-1-~] "Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
[(4~] "Market value." For the purposes of determining substantial improvement, 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.
(!T]\ Tl°r,,a°A °..r:..,,,r°n ..F r6° ..r«.,..r...°~« .,..r...,l rn..h 1..° n :°MI°
L L...«:«..«.. r ........l.,.r ....1..° 1.....°,] rl.° ....°c ,.F al.° r. \
~ Property appraisals used for tax assessment purposes[:] by the County
department of finance, real property tax office.
[(~Bj] ~ The value of buildings taken from National Flood Insurance Program
claims data[/~~°°a ° °~-°°~~~°'°°7". This value shall be used as a
screening tool to identify those structures where the substantial
improvement ratio is less than forty percent or greater than sixty
erp cent.
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ter., FF ..F rI.,. 1,.,...1 l...a A:., A.,..... «r.......~r I~~~l Cr„r° r... «
„FF...° n..:.. A:..,,r°A „1.....° .,«i.°r ....1..,, ,,..r:.«..r°~ ~6°..lA ,...1.,
s °
F.#.... o..r /o le~~ rl.~« F «r., °..r °,.r°. rl,........r., ..°«..°~r\
F.. ..r«....r..«°.. r4...r F..11 1.or..,°°., rL,° F «r. „r ,,,.A r.. ~ ..r
10
"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 necessazy" related to article 5, variances, of this chapter means the
minimum necessary to afford relief to the applicant of a variance with a minimum
deviation from the requirements of this chapter. In the case of variances to an elevation
requirement, this means the director of public works need not grant permission for the
applicant to build at grade, for example, or even to whatever elevation the applicant
proposes, but only that level that the director of public works believes will both provide
relief and preserve the integrity of this chapter.
[(-05~] "New construction[,]" for floodplain management purposes, means structures for
which the "start of construction" commenced on or after May 5, 1982[.-] ,and includes
any subsequent improvements to such structures.
[(4~] "New manufactured home park or subdivision" means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after May 5, 1982.
[(4-'~)] "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 buildin¢ site, but does not include a guest house or a
farm dwelling.
[(4$)] "One-hundred-year flood" means a flood which has a one percent annual
probability of being [e~lle~} equaled or exceeded. It is [fie] also called the
"base flood."
[(49)] "One-hundred-year floodplain" means any area of land susceptible to being
inundated by water from any source generated by the one-hundred-yeaz flood.
[(39j] "Primary frontal dune" means a continuous or neazly continuous mound or ridge
of sand with relatively steep seaward and landwazd 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.
[(3-1-~] "Principal structure" means a structure used for the principal use of the property
as distinguished from an accessory use.
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"Recreational vehicle" means a vehicle which is:
[(a~] Built on a single chassis;
[(bj] 400 sauaze feet or less when measured at the largest horizontal
protection;
[(e~] Designed to be self-propelled or permanently towable by a lieht duty
truck; and
Designed primarily not for use as a permanent dwelline but as
temporary living_quarters for recreational, camping, travel, or seasonal
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 discharge the base flood [ivitheat
]
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 damaee to the
buildine. on the average, equaled or exceeded twenty-five percent of its market value at
the time of each flood.
[(33j] "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
[(34j] "Sand dunes" means naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
"Sheet flow area" -See "area of shallow flooding."
"Single-family dwelling" means a building containing only one dwelling unit.
[(3~] "Special flood hazard area" means an area having special flood or flood-related
erosion hazazds, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE,
A99, AH, VE or V.
"State" means the State of Hawaii.
[(3~] "Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within one hundred-eighty days from the date of the permit. The actual
start means either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement, the actual start of
12
construction means the first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external dimensions of the
building.
[(38j] "Structure" means a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before=damaged condition would equal
or exceed fifty percent of the market value of the structure before the damage occurred.
[(gA31 "Substantial improvement[:]" ~u-~
chrv°k„r°n "„~Ih r~r~°v k° T~rnv G ~ nQ7 °n "„~~~~n nn r°,~,.hw,rh°~ n{k°v TRnv ~ ~ nQ'7 ,v~,~n~,
f
["O~~"°'°~'~°' means any repair, reconstruction, rehabilitation, addition, or
other [ ]improvement of a structure, the cost of which is
determined and certified by a contractor, engineer, or architect licensed by the State, and
which equals or exceeds fifty percent of the market value of the structure before the "start
of construction" of the improvement which shall be the sum of all costs of all such work
performed in the previous [thee] ten years including the cost of the current work being
considered. This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however, include
either:
~ [and] ~ project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure
safe living conditions; or
[ate] Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation as a
"historic structure."
For the pumoses 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_permit.
[(§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.
"Violation" means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or
other development without the elevation certificate, other certifications, or other evidence
of compliance with this chapter is presumed to be in violation until such time as that
documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic
Vertical Datum of 1929, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
13
[(~3~] "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.
[(~4)] "Zone A" is the special flood hazard area 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-
yearfloodplains that are determined in the Flood Insurance Study by detailed methods.
Whole-foot base flood elevations derived from the detailed hydraulic analyses have been
determined at selected intervals within this zone.
"Zone AH" is the special flood hazard area that corresponds to the areas of one-
hundred-year shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Whole-foot base flood elevations derived from the detailed
hydraulic analyses have been determined at selected intervals within this zone.
"Zone AO" is the special flood hazard area that corresponds to the areas of one-
hundred-year shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet. Average whole-foot depths derived from the
detailed hydraulic analyses have been determined within this zone.
[(~8)] "Zone A99" is the special flood hazard area 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 are undetermined, but
possible.
"Zone V" 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 area subject to high velocity waters, including coastal
and tidal inundation or tsunamis. Base flood elevations have not been determined for
areas designated as Zone V.
[(~A)] "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 area subject to high velocity waters, including coastal
and tidal inundation or tsunamis. Whole-foot base flood elevations derived from the
detailed hydraulic analyses have been determined at selected intervals within this zone.
"Zone X shaded " a°°~°~°'~°~ ° Fl°°a areas] is an area of:
~ [tnederate] Moderate flood hazard corresponding to areas of the five-
hundred-year 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[;
/T2\ ..,.,I fl.....7 1...-.,,«.] ..,..1:.... t..:.7e ..F tl.e F...e
],....,1«..,1 «41,.,.,7..1..:., 0....e fl,.,.,7 el e..,.ti,...,. ,]e..al... 1..,..e
1.ee...Jeto«...:., o.J C « 7....o Yl,
"Zone X (unshaded)" is an area of miniJJmal flood hazard corresponding to areas
outside of the five-hundred-year floodplain. Base flood elevations or depths have not
been determined for Zone X (unshaded).
[/v',~?TZeae~=is-the~tner area.,-tl~eerrespe~
a=,~,~nstad+ed~reasivr".~e-nom
SECTION 8. Chapter 27, article 3, section 27-14, Hawaii County Code 1983 (2005
Edition, as amended), is hereby amended to read as follows:
"Section 27-14. Director of public works approval.
No building permit, certificate of occupancy, or grading permit shall be issued, no
building shall be occupied, and no development or subdivision shall be approved without
the approval of the director of public works with respect to compliance with the
provisions of this chapter."
SECTION 9. Chapter 27, article 3, section 27-16, Hawaii County Code 1983 (2005
Edition, as amended), is hereby amended to read as follows:
"Section 27-16. Duties and responsibilities of the floodplain administrator.
The floodplain administrator, with the cooperation and assistance of other County
departments, shall administer this chapter. The duties and responsibilities of the
floodplain administrator or designated person(sl shall include, but not be limited to:
[(-a)] ~ 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;
~ All other development permits referred by other governmental
departments and agencies shall be reviewed for consistency with
the requirements of this chapter;
[(3~] ~ All permits and proposals shall be reviewed to determine that site
is reasonably safe from flooding,[and)
For flood-prone areas where special flood hazard areas have not
been defined, water surface elevations have not been provided, and
15
there is insufficient data to identify the floodwav or coastal high
hazard areas but the flood plain administrator has determined that
there are indications that such hazards are present, all new
construction, improvements to repetitive loss structures and
substantial improvements (including the placement of
manufactured homes) shall be:
(i) Designed and adequately anchored to prevent flotation,
collapse, or lateral movement;
(ii) Constructed offlood-resistant materials:
(iii) Constructed by methods and practices that minimize flood
damage;
(iv) Constructed with electrical, heating, ventilation, plumbing,
air conditioning equipment, and other service facilities that
are designed and/or located to prevent water from entering
or accumulating within the components during conditions
of flooding;
(v) Be reviewed to assure that all necessary permits have been
received from those governmental agencies from which
approval is required by Federal or State law, including
section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334: and
(vi) New and replacement utilities shall comply with the
requirements of section 27-19;
[(-0~]~ All permits shall be reviewed to determine that the proposed
development
...l.e«e L,...e Fl....A of o.,..ti...,.. 1,.,.,e l.oe.. Aete«..,:«e.7 1.... „
41,.,.,7....., 1..,...,..r 7.ve« .7 e..;,.«„~e.J L'..« « ,.F tl.:.. ,.1,....to«
] when combined with all other existing and
anticipated development will not increase the water surface
elevation of the base flood [xxxe~ax-exe-fee!] at any point[.], and
Require and maintain a copy of the title and si nature 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. 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 27-16(1)(F), upon approval 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;
B~ The certification of lowest floor elevation;
~ The certification of floodproofing for spaces below the base flood
elevation;
16
[(4~] The certification of final pad elevation where a site is filled above
the base flood elevation;
The certification that an encroachment in the floodway will not
result in any increase in flood levels during base flood dischazge;
~ The certification of elevation and structural support for structures
in the coastal high hazard azea[-]
Require and maintain a copy of the title and signature paces of all
State and/or Federal permits associated with rugr bbing and/or
gradingpermit 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.
~ Interpretation of maps.
The director of public works shall make interpretations where needed, as to
the exact location of the boundaries of the azeas of special flood hazards (for
example, where there 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.
Requirement to submit new technical data.
~A) Whenever there are changes made or discovered within a floodplain
that increase or decrease BFE or alter the boundazies of any special
flood hazazd azea, 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 throu¢h the
Letter of Map Revision process. Such a submission is necessazy 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
desi ng ated 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 Emergency Management Aeency map
revision, as may be required by the applicable Federal Emergency
Management Agency request form.
~ 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.
~ Whenever [a] a~watercourse is to be altered or relocated:
[(q-3] ~ Require that the flood-carrying capacity of the
altered or relocated portion of said watercourse is maintained; and
~ rnTn.:~. «r.n e.n.n n~un...n:~: a°..n«...,°.,. ,.ri.,..a n..a .,n.,,«°i
«nn°..«nnn ia:.aa°., °a.. n.n« «n„n.._,.° ..,n..n,.°»,°.,.~ n.,a nn na:nn°...
°.w.. . n nl, nl~n«nti...... °L.n nti..., ..C n
.nf°«n°..«nn r,~ m.1....:4 n .:.fin«n nFn nl, «..ti Fnnti°« h° h~,°
'n °
?n.ln«nl i«....«n..n° AA...:..:nhvn4:.... IIn,ln«nl II«.n«,.n.. n..
n n°.,n.. ] 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 Mana¢ement Agency map revision request
prepared by an applicant or an applicant's aeent.
When a BFE may change within a special flood hazard area, 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 aeents shall not beein any on-site
development affectin¢ or impacting the floodplain until an approved
Conditional Letter of Map Revision is received from the Federal
Emergency Management Agenev;
(E) 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 Agency map revision request prepared by an
applicant or an applicant's aeent, 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 foregoing information to the floodplain
administrator by the end of the initial ninety davs 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.
~ 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.
~a) Special flood hazazd areas.
Pre-construction and post-construction certification of elevation and
floodproofing of new construction, improvements to repetitive loss structures,
development, and substantial improvements within azeas of special flood hazards
shall be submitted to the director of public works and shall be maintained as a
matter of public record.
[(-a~] ~ Pre-construction certification.
Requirements for approval of the building permit shall include the
following items, as applicable, and any additional items as required by
the director of public works to promote public welfare and safety:
~ Certification of building plans.
Each set of building plans shall be certified by a structural
engineer or azchitect, 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.
~ 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.
[(-0j] 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 [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.
L21 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.
[F2j] 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
comnleted 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:
~ Anchoring.
[(-l-j] ~ 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.
[(~j] ~ New construction, improvements to repetitive loss
structures and substantial improvement shall be
constructed with materials and utility equipment resistant to
flood damage.
B~ New construction, improvements to repetitive loss
structures and substantial improvement shall be
constructed using methods and practices that minimize
flood damage.
[(33] ~ 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 ?imited 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-]J ~ Within Zones V and VE, new construction, imnrovements
to repetitive loss structures, and substantial improvements
shall comply with the standards of section 27-23.
Recreational vehicles placed on sites within Zones AH and
AE on the FIRM shall be elevated and anchored or be on
the site for less than one hundred eighty consecutive dam
or be fully licensed and highway ready.
[(e~] ~ Filling.
~ Within a floodway, [fig] encroachments (including fill),
new construction, improvements to repetitive loss
structures, substantial improvements, and other
developments, shall be prohibited unless certified by a
professional civil engineer [registered] licensed in the State
of Hawaii, with supporting data, that the encroachment
will not cause any increase in base flood elevations during
the occurrence of the base flood discharge.
Require, until a regulatory floodway is designated, that no
new construction, improvements to repetitive loss
structures, substantial improvements, or other development
(including fill), shall be permitted within Zones AE on the
FIRM, unless demonstrated that the cumulative effect of
the proposed develonment, when combined with all other
existing and anticipated develonment, will not increase the
water surface elevation of the base flood at anypoint more
than one foot.
~ Within all zones of special flood hazards, but not including
Zone AE and 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 discharge.
[(3j] D~ Within floodway fringe areas, filling to elevate the lowest
floor of a nonresidential structure may only be permitted
where the structure:
~ Is floodproofed so that below the base flood
elevation the structure is watertight with walls
substantially impermeable to the passage of
water, and
[~j] ii Has structural components capable of resisting
hydrostatic and hydrodynamic loads and the
effects of buoyancy.
[(-0~] ~ 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 grade of the natural elevation of the
ground surface prior to construction exceeds ten percent,
filling_ rg
ading, 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 orproposed 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 rading
or infrastructure construction plan. This paragraph shall
not apply to special flood hazard zones V and VE. This
provision,i.e. paragraph 27-18(a)(3)(F), upon approval of
this ordinance, shall take effect on March 31, 2008.
~ Elevation and Floodproofing.
~ Within Zones AE and AH:
~ 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 freeboard of at least one foot.
ii For nonresidential new construction,
improvements to repetitive loss structures, and
substantial improvements[.], the lowest floor
shall be elevated or floodproofed to the base
flood elevation plus a freeboard of at least one
22
foot. If the lowest floor is below the base flood
elevation, then the structure together with
attendant utility and sanitary facilities shall be
designed, [and] constructed, and certified by a
[Iisexsed] yrofessional civil engineer or
azchitect licensed in the State of Hawaii, such
that:
as The structure is watertight below the
base flood elevation.
~ The walls aze substantially
impermeable to the passage of water.
[(-i}ij] 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 [#~aed-waters]
floodwaters around and away from proposed
structures.
iv Fully enclosed areas below the lowest floor that
are useable solely for parking of vehicles,
building access, or storage in an area other than
a basement and which are subject to flooding,
shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must
either be certified by a [~ieexsed] professional
civil engineer or azchitect licensed in the State
of Hawaii or meet or exceed the followine
criteria: A minimum of two openin shaving a
total net area of not less than one square inch for
every square foot of enclosed area subject to
floodine shall be provided. Each openine must
be on different sides of the enclosed azea. The
bottom of all openings shall be no higher than
one foot above grade. Openings may be
equipned with screens, louvers, valves, or other
coverings or devices provided that theypermit
the automatic entry and [ex-rst] exit of
floodwaters.
~ Within Zone AO:
23
~ For [xew] residential new construction,
improvements to repetitive loss structures, and
substantial improvements[.]~[~e] the lowest
floor shall be elevated above the highest
adjacent grade at least [as-kiglt-as] one foot
above the depth number specified in feet on the
FIRM, or at least [five} three feet if no depth
number is specified.
[(-1~] ii For nonresidential new construction,
improvements to repetitive loss structures, and
substantial improvements[:], the lowest floor
shall be elevated or floodproofed above the
hi hg est 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. If the lowest floor is [below-tlie
of e..,.t:.... «of «o....o.] : °aav$cotien
' 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
designed, [axd] constructed and certified by a
[Iisexsed] professional civil engineer or
architect licensed in the State of Hawaii such
that:
~ The structure is watertight below the
referenced flood elevation.
[{-iii] bib The walls are substantially
impermeable to the passage of water.
[¢i~ij] cc The structural components are
capable of resisting hydrostatic and
hydrodynamic loads and the effects
of buoyancy.
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.
[(-3j] ~ 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 standards of section 27-24.
24
[(t~] ~ Certification Requirements.
All new construction, improvements to repetitive loss structures, and
substantial improvement within areas of special flood hazard shall be
certified as required by the standards of section 27-] 7.
(b) Other areas: Zone X (shaded).
For new construction, the lowest floor shall be elevated at least two feet
above the adiacent grade.
(21 For concrete basements with habitable room(s), the sill plate shall be at
least one foot above the adjacent rg ade.
(3) New construction shall be required to provide drainage around and away
from proposed structures.
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 are
no apparent flood hazards to theproposed 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 adiacent grade.
(2) For concrete basements with habitable room(s), the sill plate shall be at
least one foot above the adjacent rg ade.
New construction shall be required to provide drainage around 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 hazards to the proposed structure. This provision, i.e.
subsection 27-18(cl, upon approval of this ordinance, shall take effect on
March 31, 2008."
SECTION 12. Reserved.
SECTION 13. Chapter 27, article 4, section 27-2Q Hawai`i 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 areas of
special flood hazards [(Zc .s ^ ^ Lr, ^ °~a shall:
25
[(-1-~] ~ Be consistent with the need to minimize flood
damage;
[(~j] ~ 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.
[ fbj] ~ 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 [txa3t} shall request and the applicant shall
provide such information.
[(cj] ~ Finally approved subdivision plans for subdivisions within
areas of special flood hazards shall provide base flood
elevations {~wi~ki-n} for each of the lots.
[C°7] t~~ [ll/l. o.. al,o Fl,.,.,l..l ..,7.....: «:..a«..a,.« 1..,« .lo..:..«..,ao.l o ..F
a..'.. 7: T1DTA CTDTT l,..a 1, o: al, o« ...7....e.l ..,.ae«
.«A,,.o el e...,a: A„a„ «:,Je«a: F.vA ~ Fl,.,. A.. ....a..l w:rth
.T,.. ,.1 ,..,...,...a.. ...,.l..,l:,.,. al,....1 .,..0.., o..a ..F .,....F ..a..«e.7
t,,...,e.. ...:al,:., ~,..,e n al.e .,;a..+.. cuDT,r
t?~I~e~iew=pivpe$ed-delte~epinc$czo-a~:,"m«°c-tia'c-m"
a.. ~.....o l.oo., .oa F....., al.....o
t,. ceae«„t ca..ae t,.......,.i..a:.,,...e,..:,... nnn ,.F al.o
L'o.J,.«..1 \T/..a,.« D,.1 L.a:,.« !'..«a«,.1 A „a A...e«A...e«a.. ,.f
i n~~ z~TTCr iz~n.
~3~I~egane~'~~-a'~aew sabaT.zsien-prepesal~
~~~a~.~er
..e.] .ie..el,..,.«,~..a,. ,...ro« al..,.. e:al,e« F. fi., l,.a..
Qvu n .,..~...~u Fl.....~ o~uvnti nn ~nhn .v;aT,;., al...
un' .
prepesal~]
All new subdivisions and other developments within areas
designated as Zone A or general floodplain, or a flood-prone
area where special flood hazard areas have not been defined,
water surface elevations have not been provided, and there is
insufficient data to identify the floodway or coastal high hazard
areas but the floodplain administrator has determined that there
are indications that such hazards are present, shall comply with
the following:
26
[(~-j] (A) Be consistent with the need to minimize flood
dama e'
[(~j] (B) Have public utilities and facilities, such as sewer,
gas, electrical, and water systems, located and
constructed to minimize flood damage;
(C) Have adequate drainage provided to reduce
exposure to flood damage;
[ f4j] (D) Comply with the requirements of section 27-24;
[(3~] (E) The floodplain administrator shall require and
maintain a copy of the title and signature paces of
all necessary permits from those ¢overnmental
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(a)(4)(E), upon approval of this
ordinance, shall take effect on March 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.
[~e~I€-l~l~s-xsed-k,. Ie. !e hl,e •ke F ~t • 1..1:..:x:..«
c~'cxcsSnc-cn~Srzc-ormi r-}ic~:rrin~m~rracvc~
..1.,...~. ?l.0 1,....e FL....J of o. ,.,ti..« rl,.. «..1 „1,.....ti..« ,.f ~6,. ..a„
. t.. F:II:«,. ,.«,l a1.o F. «..1 el e.,..ti..« ..F tl,e ~:~e „Re« FlI1:«..
~l.,,ll 1,~ ,.e.a: F.va 1...., ...F ....;..«.,I ,:1 0 . L,«.]
(b) Other areas: Zone X (shaded and unshaded).
All new subdivisions and other developments within areas 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 si ng afore 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."
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 azeas of special flood hazard is the watercourse reserved to dischazge the base
flood. Since the floodway is an extremely hazazdous azea 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 architect demonstrating that the
encroachment will not cause any increase in base flood elevations during the
occurrence of the base flood discharge.
[(-bj] ~ If an encroachment within a floodway is allowed under the conditions of
paragraph ['"z,-'~] 27-22(1), all new construction, i~rovements to
repetitive loss structures, substantial improvement and other proposed new
development shall comply with all applicable flood hazard reduction
provisions established in this chapter.
~ 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:
[(~j] ~ Public and private outdoor nonstructural recreational facilities,
lawn, gazden, and play azeas;
[E2j] ~ 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 areas, more commonly known as tsunami inundation areas,
are identified as Zone V or Zone VE on the Flood Insurance Rate Maps. Within coastal
high hazard areas, the Following standards shall apply:
[Eaj] l~ All new construction, improvements to repetitive loss structures, and
substantial improvements in a coastal high hazard area shall be constructed
with materials and utility equipment resistant to flood damage and using
methods and practices that minimize flood damage.
[(-13j] f~ 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-ahe 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.
[(e3] New construction, improvements to repetitive loss structures, and other
development shall be located on the landwazd side of the reach of mean high
tide.
[(d~] ~ New construction, improvements to repetitive loss structures, and substantial
improvement shall have the enclosed space, if any, below the lowest floor free
of 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
~ 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.
[(-t~] 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 azeas
shall be certified as required by section 27-17.
Recreational vehicles placed on sites within Zones V and VE on the FIRM
shall be elevated and anchored or be on the site for less than one hundred
29
eighty consecutive days or be fully licensed and highway ready."
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 are not
performed by the Federal [r°°~~-°°°° ^ a.,,:°~°«-°«~°°] Emergenc~gement A ency to
determine the base flood elevations and to identify the floodways.
[(aj] ~ 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 pernit
applicant.
[(bj] ~ [&~divisien] Development or subdivision proposals shall conform with the
requirements of section 27-20.
[(ej] 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.
~ Contour map showing the topography of existing ground based on
elevation reference marks on flood maps. The scale and contours
are to be appropriate to the work in question.
[(4j] ~ Existing and proposed base flood elevations.
[(3j] ~ Existing and proposed floodproofing and flood control measures.
[(d~] ~ New construction, improvements to repetitive loss structures, and substantial
improvements within the general floodplain shall satisfy the requirements set
forth for Zones AE, AH, AO, or VE as is determined to be applicable by the
director of public works based on base flood information and floodway data
obtained through paragraphs 27-24(1) and
27-24(2).
[(ej] ~ 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.
[(aj] 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 standards provided in this chapter based upon
information available from a Federal, State, or other source, including
information provided by the permit applicant.
[(s}] ~ 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
Hawai `i.
This standard shall be subiect to the following exception:
All new subdivisions and developments, reguirine a site drainage plan pursuant to
the zonine 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 an~pproved 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
31
25-yeaz storm event shall be interoolated from elate 1 (10-year) and plate 2 (50-
year) from the denartment of uublic works' `Storm Drainage Standazds. This
provision, i.e. subsection 27-26(b). upon anproval 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 variance 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 variance is
granted for a parcel of property with physical characteristics so unusual that complying
with the requirements of this chapter would create an exceptional hazdship to the
applicant or the surrounding property owners. The chazacteristics must be unique to the
property and not be shared by adjacent parcels. 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 vaziance guidelines are 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 variance are more appropriate:
[(a3] Generally, vaziances may be issued for new construction, i~rovements 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.
[(sj] ~ Variances shall only be issued upon:
[(-1-j] ~ A showing of good and sufficient cause. Under this criteria, the
applicant must demonstrate that the variance request is for land
which has physical characteristics so unusual that complying to
flood requirements will create exceptional hardship to the applicant
or surrounding landowners. The unique characteristic must pertain
to the land itself and not the structure, its inhabitants, or the
property owner.
Under this criteria, only exceptional instances should arise
where the physical characteristics of properties create a hardship
sufficient to justify granting a vaziance. Even in a fairly common
32
situation where an undeveloped lot is surrounded by properties
with structures built at grade and/or below flood levels, a variance
cannot be justified since an applicant can erect the concerned
structure on pilings, etc.;
~B 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 peculiar 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 vaziance to
build the dwelling at grade or at a lower level for access purposes.
A variance should not be issued because the owner can construct a
ramp or elevator to meet flood requirements. Elevation will allow
the infirm or handicapped person to be evacuated in the early stage
of flooding, and, if there is insufficient warning or help in
evacuating that person, then, in all likelihood, he can survive the
flood by simply remaining in the home safely above the levels of
[fleed-water] floodwaters;
[(3 ] ~ A determination that the variance is the "minimum necessary" (as
defined in section 27-12), considering the flood hazazd, to afford
relief. Under this 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
[(-0~] D~ A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause "fraud or
victimization" (as defined in section 27-12) of the public, or
conflict with existing local laws or ordinances. Under this criteria,
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 pazagraphs
~r)] 27-27(11 through 27-27(3) aze satisfied and that the structure
or other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.
33
[(ejj ~ 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 chazacter 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:
~ Modification of the construction or substantial improvement,
including the sewer and water facilities.
[(~j] ~ Limitations on periods of use and operation.
~ Imposition of operational controls, sureties, and deed restrictions.
[(~j] ~ Requirements for construction of channels, dikes, ditches, swales,
levees, and other flood-protective measures.
[(3j] ~ 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 [registered] licensed professional engineer or architect, and shall
include three sets of documents with the following information as may be applicable:
~ 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.
[(4~] ~ Cross-sections and profile of the area and the regulatory flood elevations and
profile based on elevation reference mazks on flood maps.
~ Flood study and drainage report in azeas where a study and report have not
been reviewed and accepted by the County of Hawaii.
~ Description of surrounding properties and existing structures and uses and the
effect of the regulatory flood on them caused by the variance.
[{t~] ~ 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(1) through [~{f~] 27-27~6~•
34
[(#j] ~ 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 hazard
variance to construct a structure below the base flood elevation will result in
increased flood insurance rates and increases flood risks to life and property;
that the property owners will not file any lawsuit or action against the County
of Hawaii for costs or damages or any claim; that the property owners will
indemnify and hold harmless the County of Hawaii from liability when such
loss, damage, injury, or death results due to any flood hazard variance and
flooding of the property; and that upon approval of the variance, the covenants
shall be fully executed and proof of recording with the bureau of conveyances
shall be submitted to the director of public works prior to the issuance of a
building permit.
[(g~] ~ Such other information as may be relevant and requested by the director of
public works."
SECTION 21. Chapter 27, article 5, section 27-30, Hawaii County Code 1983 (2005
Edition, as amended), is hereby amended to read as follows:
"Section 27-30. Recording and reporting of variances.
(a) Any applicant to whom a variance is granted shall be given written notice over the
signature of the director of public works that:
(1) The issuance of a variance to construct a structure at elevations below the
base flood level will result in increased premium rates for flood
insurance[;] uy to amounts as hieh as $25 for $100 of insurance coverage;
(2) Such construction below the base flood level increases risks to life and
property; and
(3) A copy of the notice shall be recorded with the State of Hawaii bureau of
conveyances and shall be recorded in a manner so that it 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 [~'°a°~°' T~°••~°~°° ^a.,.:..:°'~°'~°~ ]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 [2?-3~] 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 violating the provisions of section
27-16(6)(E).
(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 Hawaii, then the
department of public works shall investigate and forthwith, give notice to the owner to
remove the encroachment and/or obstruction in the manner provided in this [°..,,,~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 paragraph 27-16(1)(F), paragraph 27-16(2)(G),
paragraph 27-18(a)(3)(F), paragraph 27-18 (b)(4), paragraph 27-18(c)(4), paragraph 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 1St Reading:
Date of 2°d Reading:
Effective Date:
r G,~_ 598.19
.._,',~s~ ~cr-~~a~.
.
37