7-5-22 Applicant Response to PD Recommended Conditions

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Mr. Dennis Lin, Chairperson County of Hawaii Windward Planning Commission Page 2 of 3 July 5, 2022 K. The applicant shall comply with Chapter 27, Flood Control, of the Hawaii County Code. No residential lots may be created which lack a buildable area of at least 7,500 square feet outside of any FEMA-designed floodway, which shall include those areas subject to a Conditional Letter of Map Revision (CLOMR). This restriction may be removed by amendment of this ordinance by the County Council. Applicant's reasons: All lots, including those within any FEMA-designed floodway, are considered "buildable" according to the County's Flood Control Code (Chapter 27, Hawai`i County Code). Lots within any FEMA-designated floodways must simply conform with additional site development and building construction regulations. If the intent of this condition to ensure that proposed lots have sufficient buildable area outside of a FEMA-designated floodway, or CLOMR, to avoid the need for mandatory flood insurance, then the proposed amendment will accomplish this goal. Note that the Applicant intends to capture the existing shallow(1 to 3 feet) surface floodwaters currently traversing the project site and divert it into underground culvert systems for disposal off-site at an existing County- maintained culvert system at the Ainaola Drive-Haihai Street intersection. Upon completion of all required drainage improvements, the Applicant anticipates that the FEMA-designated floodway affecting the project site may be reduced to just the area above the underground culvert system or eliminated in its entirety. O. Construction activities must comply[t] with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." Applicant's reasons: Primarily correcting a typographical error. However, the Applicant does wish to emphasize that its obligation to conform with applicable provisions of the Community Noise Control rule ends upon the sale of the individual lots within the proposed subdivision, at which time the individual lot owners will be held responsible. This transfer of responsibilities is set forth in Condition A which states that"The applicant(s), its successor(s) or assign(s) ("Applicant') shall be responsible for complying with all of the stated conditions of approval."