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general slope seaward of not more than 10%; (2) is reasonably safe for pedestrian access to and along <br />its length; and (3) does not show evidence of being periodically exposed to natural elements, including, <br />but not limited to, high surf, wind and rain, to the extent that the ground is essentially devoid of <br />naturally occurring vegetation. <br />See also Policy 19, Policy 20, and Policy 39 related to inland cliffs, and section 4.2.5 Kokua Action. <br />* Note: In situations where the minimum shoreline setback established by Planning Dept. Rule 11 would not reach <br />the top of a sea cliff, the building setback should be a lateral setback distance of 40' from the top of cliff, plus the <br />distance equal to the average elevation of the cliff within the subject parcel. [This note will be displayed as a <br />numbered footnote in the CDP] <br />Revised Policy 18: Amend and/or create County Codes and Planning Department Rules to develop <br />shoreline and building setbacks to address environmental, health, and safety priorities. <br />■ Develop objective guidelines for determining and defining the "top of cliff" (HRS 205A-1, and HAR <br />Section 13-222-2, Planning Department Rule 11) and add references to "top of cliff" to Criteria for <br />Shoreline Setback Variances in Planning Commission Rule 8. <br />For setbacks on parcels with sea cliffs over 40' in elevation, the following setbacks are recommended: <br />a) In addition to the minimum shoreline setback established by Planning Dept. Rule 11, the building <br />setback should include a lateral safety buffer distance of 40' from the minimum shoreline setback*, <br />plus the distance equal to the average elevation of the cliff within the subject parcel, or, <br />b) In addition to the minimum shoreline setback established by Planning Dept. Rule 11, the building <br />setback should include a lateral safety buffer distance equal to the anticipated 100 years of erosion <br />as determined by a coastal erosion study. This study, including a cliff stability analysis and/or a <br />geological analysis, shall be conducted by a licensed civil engineer. <br />This policy shall only apply to properties that are located within the Special Management Area and <br />abutting the shoreline. For lots with sea cliffs over 40' with an average lot depth of two hundred feet or <br />less, the shoreline setback line shall be determined by Planning Department Rule 11. <br />The County of Hawai'i's current working definition of "top of cliff" is as follows: The "top of the pali" <br />(top edge of the sea cliff) is defined to be the highest elevation along the seaward boundary of a <br />property where the relative change in the slope of the terrain towards the sea is in excess of twice the <br />general slope towards the sea of the terrain along this highest elevation and that the terrain: (1) has a <br />general slope seaward of not more than 10%; (2) is reasonably safe for pedestrian access to and along <br />its length; and (3) does not show evidence of being periodically exposed to natural elements, including, <br />but not limited to, high surf, wind and rain, to the extent that the ground is essentially devoid of <br />naturally occurring vegetation. <br />See also Policy 19, Policy 20, and Policy 39 related to inland cliffs, and section 4.2.5 Kokua Action. <br />* Note: In situations where the minimum shoreline setback established by Planning Dept. Rule 11 would <br />not reach the top of a sea cliff, the building setback should be a lateral setback distance of 40' from the <br />top of cliff, plus the distance equal to the average elevation of the cliff within the subject parcel. [This <br />note will be displayed as a numbered footnote in the CDP] <br />8 <br />Hamakua CDP: Recommended CDP Revision Summary February 2018 <br />