HomeMy WebLinkAboutCOM 0176.007 2006-2008 r~Y os M~
Brenda J. Ford I,i~ Phone No.: (808) 326-5684
Counei[Member Fax No.: (808) 329-4786
District 7-Cenlra[Kona E-Mail: bf'ord@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
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County of Hawai `i r, ' ~
Koalua Trade Center
75-5706 Hanama Place, Suite !09 R'
Kailua-Kona, Hawaii 96740
DATE: February 28, 2007
-
TO: Pete Hoffmann, Chair, and Council Members of the Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720 -
FROM: Brenda Ford, Council Member District 7
RE: Bi1151, Draft 2
The following shall incorporate the amendments discussed during the Public Works and
Intergovernmental Relations meeting of February 22, 2007.
These first of the proposed changes were made by Communication 176.1, by Legislative
Specialist, Leslie Chow. Bill 51 relates to Flood Control and Bill 52 relates to Storm water
Management, and was transmitted by Planning Director Chris Yuen to the Planning Committee.
Both bills propose amendments to section 27-20, Hawaii County Code, relating to "Standards
for subdivisions, and other developments." The proposed amendments to this section differ
slightly in the two bills.
To rectify this situation, the Planning Department, per Planning Director Chris Yuen, and the
Department of Public Works, per Engineer Galen Kuba, have agreed on proposed language to
conform the language amending this section in the two bills. Consequently, Mr. Kuba has asked
that Section 12 of Bill 51 be amended by replacing the text of section 27-20, contained within
Bill 51, with the replacement language they have agreed upon. These proposed changes will
bring into conformity Sections 27-20, and would remove the word "(anticipated)," shown in bold
font in the following passage from subsection (e) of DPW's version of this section:
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All developments requiring a site drainage plan under section 25-2-72(3)
anlieirsated shall submit such a plan for review and approval by the
director of public works. The site drainage plan shall comply with
sections 27-20(a) and (b) and section 27-24, and shall include a storm
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Hawai `i County Is An Equal Opportunity Provider And Employer
water disposal svstem to contain run-off caused b~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 Standazds "dated October 1970 or anv approved revision,
unless those Standazds specify a greater recurrence interval. The amount
of expected runoff shall be calculated according to the Department of
Public Works "Storm Drainage Standards "dated October 1970, or anv
approved revision or by anv nationally-recognized method meeting with
the approval of the director of public works. Runoff calculations shall
include the effects of all improvements."
In addition, Bi1151 was amended by 3 floor amendments. The first floor amendment was
proposed by Council Chairperson Pete Hoffmann:
Chapter 27, article 4, and section 27-18, Hawaii County Code 1983 (2005 edition), is amended
by adding a new subsection (c) (6) to read as follows:
"(6) Within areas where the grade of the natural elevation of the ground surface prior
to construction exceeds ten percent filling grading and other development
which may increase the likelihood of flooding or erosion hazards shall be
prohibited unless a professional civil engineer licensed in the State of Hawaii
certifies that the development will not divert runoff or disturb natural protective
buffers in a manner which increases the likelihood of flooding or erosion in
other areas Man-made alteration of such sloping areas will be limited to no
more than twentypercent of the total land area of anv lot or proposed new
subdivision Any measures to be implemented in order to prevent or decrease
the likelihood of run-off or erosion shall be clearly shown or described on the
grading or infrastructure construction plan."
This draft was further amended verbally by Council Chairperson Pete Hoffman with the
following second amendment:
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All new subdivisions and [AI1] developments requiring a site drainage
plan under section 25-2-72(3) shall submit such a plan for review and
approval by the director of public works. The site drainage plan shall
comply with sections 27-20(a) and (b) and section 27-24, and shall include
a storm water disposal system to contain run-off caused by the proposed
development, within the site boundazies, 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 standards specify a greater recurrence interval. The amount
of expected runoff shall be calculated according to the Department 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."
The final amendment was transmitted by Public Works Chairperson, Brenda Ford, and
adds the following definition under Section 27-12, Definitions:
"Flood-prone area means any area that has previously been subjected to a flood event in
which property damage has occurred to a building, farm (9ncluding crops or animals),
land (includine topsoil erosion), streambed or sides, or personal property (e. g. motor
vehicle
And further amends Chapter 27, Article 4, Section 27-20, the subsequent changes here
from Council member Brenda Ford are shown in italics, so as to distinguish her changes
from Department of Public Works Director, Bruce McClure's original submittal:
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 hazards shall provide base flood elevations within the lots.
(d) [
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Subdivisions and other developments a~°~~~~'°a "
or anv location or flood zone 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 allproposed
construction other developments, and the placement of
manufactured homes and submit those copies to the Department of
Public Works at the time o~application of anv kind ofpermit. .
For all proposed developments and/or subdivisions greater than
either f~~ ~ r••~ two lots or one acre, the developer
and/or subdivider shall include base flood elevation data within
their proposal.
Comply with the requirements of section 27-24.
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All new subdivisions and [AIIJ developments (added as per verbal oor
amendment) requirin¢ a site drainage plan under section 25-2-72(3)
{a+4tie-rt~ated~(deleted as per Comm. 176.1) shall submit such a plan for
review and approval by the director of public works. The site drainage
plan shall comply with sections 27-20(a) and (b) and section 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
this section in blue was deleted and added as
per BF amendment) base flood event (also called the one-hundred year
flood) as shown in the Department of Public Works "Storm Drainage
Standards "dated October 1970, or any approved revision, unless those
standards specify a greater recurrence interval. The amount of expected
runoff shall be calculated according to the Department 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.
(f) 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.
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