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Home My WebLink AboutBIL 052 Draft 01 2006-2008 Mt'~,OS M ~L~ COUNTY OF HAWAII STATE OF HAWAII ...'t ~.M'+' ~Ji, BILL NO. 5z ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 23 (SUBDNISION CONTROL CODE), 25 (ZONING CODE) AND 27 (FLOOD CONTROL CODE), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO STORMWATER MANAGEMENT BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to require new development to manage storm water runoff to reduce the potential that it will cause water pollution. The ordinance is intended to comply with Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990. The ordinance requires that new subdivisions, and new buildings which need plan approval, discharge their storm water, up to a specified limit, into drywells or infiltration basins, or use other methods that will filter out suspended solids from storm water. These requirements will be enforced at the time of subdivision approval for new subdivisions, and at plan approval for new buildings. SECTION 2. Chapter 23, article 6, section 23-92, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Sec. 23-92. j Sand. .a . ~ o...;,.i w.. .w.. a:_e,..,.« ,.r....wi:,. ...,.a... „ ~ DrainaEe, flood, and erosion mitigation measures. ~ The subdivider shall construct a storm water disposal system to contain run-off caused by the subdivision improvements within the boundaries of the subdivision up to the expected one-hour, ten year storm event, as shown in Plate 1 of the Department of Public Works "Storm Drainage Standards", dated October 1970, or any approved revisions, unless those standards specify a greater recurrence interval, in which case, the greater interval shall be used. The amount of expected runoff shall be calculated accordin tg o the Department of Public Works "Storm Drainage Standards", dated October 1970 or any approved revisions thereto or by any nationally-reco ngnized method meeting with the approval of the director of public works. Runoff calculations shall include the effects of all required subdivision improvements and lot improvements that maybe allowed by existing zonin . Storm water shall be disposed into drywells, infiltration basins, or other infiltration methods. The subdivision shall not alter the general drainage pattern above or below the subdivision. ~ Subdivider shall also comply with the requirements of Chapter 27, Hawaii County Code." SECTION 3. Chapter 25, article 2, sections 25-2-71 and 25-2-72, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-71. Applicability; plan approval required. (a) Plan approval shall be required prior to the construction or installation of any new structure or development or any addition to an existing structure or development in all districts except in the RS, RA, FA, A and IA districts, and except for the construction of one single-family dwelling and any accessory buildings per lot. (b) Plan approval shall be required in all districts prior to the change of the following uses in existing buildings: (1) Residential to commercial use; (2) Warehouse and manufacturing to retail use. (c) Plan approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Public uses, structures and buildings and community buildings, as permitted under section 25-4-11. (3) Telecommunication antennas and towers, as permitted under section 25-4-12. (4) Temporary real estate offices and model homes, as permitted under section 25-4-8. (5) Utility substations, as authorized under section 25-4-11. (d) Plan approval shall be required in the RA and FA district prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is to be used for minor agricultural products processing. (e) Plan approval shall be required in the A district prior to the development of any trailer park or major agricultural products processin fg acility. The director shall determine whether an agricultural products processing facility shall be considered maior or minor at the time of building_permit review, or eazlier at the applicant's request. (f) Plan approval may be required as a condition of approval of any use permit, variance, or other action relating to a specific use, in which case the use or 2 development so conditioned may not be established until plan approval has been secured. Section 25-2-72. Application for plan approval; requirements. An application for plan approval shall be on a form approved for such purpose by the director and shall be accompanied by: (1) A site plan, drawn to scale and fully dimensioned indicating cleazly the following infonmation: (A) The location and dimension of the building site; (B) The location, size, height, and use of all existing and proposed structures; (C) All yards and open spaces; (D) Location, height, and material of all fences and walls; (E) The standard of improvement and location, number, and size of pazking spaces, arrangement and on-site circulation of all off- street parking and loading facilities including points of access thereto from adjoining streets; (F) The location, general nature, and type, and protection or shielding devices of all exterior lighting; (G) All proposed landscaping and planting; and (H) All proposed street dedication and improvement if any. (2) Any other information required by rules adopted by the director in accordance with chapter 91, Hawaii Revised Statutes. A site drainag~lan under sec. 27-26A approved by the director of public works, where plan approval is required under sec. 25-2-71(al, ~(2) and (c)(5), (d). (e , or (fl." SECTION 4. Chapter 27, article 4, section 27-20, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 27-20. Standards for subdivisions and other developments. (a) All subdivisions and other developments within areas of special flood hazards and flood-prone areas shall: (1) Be consistent with the need to minimize flood damage; (2) Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage; and (3) Have adequate drainage provided to reduce exposure to flood damage. (b) 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 may request and the applicant shall provide such information. (c) Finally approved subdivision plans for subdivisions within areas of special flood hazazds shall provide base flood elevations within the lots. (d) [ t, a i n ,,..,e,.~ w.. .we «..~.i ..c,. ~unr,r nror,r 3 ua nM,rk:., «a .,11, n,~ au u~.,,,u,~ f f h 1, a G,..... ~1,,.,.e a«r..l a e.. G.,«., .,.1,:..1. ~u ~~u b.. ..a-__-_-.. ,,,t : yea >,..>;vae..,.t c...ro t.,.,, .«..t a'«....e,..:.,« nnn ,.t apptvrm-xs=re~n3ro~c~'y-i cacrmvrcJCUCC xan, x cc.,... ..b .ti, r a t a~ n tt r,.««..,.t n,.. n.,,.,«a.....,«.,, r t n~~ c-ra~r rrvx~-ccrzvxxccxa xxxcxxxo ox x> > a, » i3:S.C. 1334; ' t a n....a .at u.mti.,« a..M ...:4t,:« }t,u «r~«.,nnt mc, uu~ Y "Y"° Subdivisions and other developments within azeas designated as a Zone A or general flood plain shall comply with the following: Obtain all required permits, together with those regulated by other governmental agencies authorized by federal or state law, including section 404 of the federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, for all proposed construction, other developments, and the placement of manufactured homes. For allproposed developments and/or subdivisions greater than either fifty lots or five acres, the developer and/or subdivider shall include base flood elevation data within their proposal. Comply with the requirements of section 27-24. (e) If fill is used to elevate the site of any lot in a subdivision above the base flood elevation, the original elevation of the site prior to filling and the final elevation of the site after filling shall be certified by a professional civil engineer or land surveyor currently registered in the State of Hawaii. t(~ All developments requiring a site drainage plan under sec. 25-2-72(31 shall submit such a plan for review and approval by the director of public works. The site drainage plan shall comply with sec. 27-20(al and (bl and sec. 27-24 and shall include a storm water disposal system to contain run-off caused by the proposed development, within the site boundaries, up to the expected one-hour, ten year storm event, as shown in the Department of Public Works "Storm Drainage Standards", dated October 1970, or any approved revision, unless those standazds specify a greater recurrence interval. The amount of expected runoff shall be calculated according to the Depaztment of Public Works "Storm Drainage Standards", dated October 1970, or any approved revision, or by any nationally-recognized method meeting with the approval of the director of public works. Runoff calculations shall include the effects of all improvements. ~ Storm water shall be disposed into drywells, infiltration basins, or other approved infiltration methods. The development shall not alter the general drainage pattern above or below the development." 4 SECTION 5. Severability. 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 of the ordinance which can be given without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. Material to be repealed is bracketed. New material is underscored. In re-printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED B ? . COUNCIL MEM R, COUNTY OF All Hawaii Date of Introduction: Date of 151 Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. ~ 7R 5