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Home My WebLink AboutORD 2007-056 2006-2008 v w.~ ,4 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 52 (Draft 3) ORDINANCE NO. 07 56 AN ORDINANCE AMENDING CHAPTERS 23 (SUBDIVISION CONTROL CODE) AND 25 (ZONING 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. [Land surface Drainage. Grading shall be done and drainage structures shall be provided by the subdivider as are deemed essential by the director of public works or sanitary engineer to protect roadways and the public.] Drainage, flood, and erosion mitieation measures. ~ The subdivider shall construct a storm water disposal svstem 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 Standazds", dated October 1970 or any approved revisions, unless those standazds ~ecifv a sweater recurrence interval in which case, the sweater interval shall be used. The amount of expected runoff shall be calculated accordin tg o the Department of Public Works "Storm Drainage Standazds", dated October 1970 or any aonroved revisions thereto or by any nationally-recoenized method meetin¢ with the approval of the director of public works. Runoff calculations shall include the effects of all required subdivision improvements and lot improvements that may be allowed by existing zonine• Storm water shall be di~osed into drywells, infiltration basins, or other infiltration methods. The subdivision shall not alter the general drainase 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) Wazehouse 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) Temporazy 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 maior agricultural productsprocessing facility. The director shall determine whether an a~sicultural products processing facility shall be considered major or minor at the time of building_permit review, or earlier at the applicant's request. 2 (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 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 clearly the following infornation: (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 standazd of improvement and location, number, and size of parking spaces, arrangement and on-site circulation of all off- street pazking 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. (3} A site drainag~lan [under sec. 27-20] approved by the director of public works. where plan approval is required under sec. 25-2-71(a). (cl(2) and (cl(5) (dl (el or (f). The site drainag~lan shall comply with sec. 27-20(a) and (b) and sec. 27-24, and shall include a storm water disposal system to contain run-off caused by the nroposed development, within the site boundaries, ugto the expected one-hour, ten veaz storm event, as shown in the Department of Public Works "Storm Drainage Standazds", dated October 1970 or any proved 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 any approved revision, or by any nationally-recoenized method meetin¢ 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." 3 SECTION 4. 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 5. 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 6. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEM R, COUNTY OF A All Hilo ,Hawaii Date of Introduction: March 9, 2007 Date of 151 Reading: March 9, 2007 Date of 2"d Reading: March 21, 2007 Effective Date: April 12, 2007 REFERENCE: Cantu. 178.4 4 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo. Hawaii (Draft 3 Introduced By: K. Angel Pilago ALL V T ~ Date Introduced: March 9, 2007 A ` N l: ABS EX First Reading: March 9, 2007 Ford X Published: March 17, 2007 Higa ';}f Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 1 1 0 Second Reading: March 21, 2007 To Mayor: April 5 , 2007 ROLL CALL VOTE Returned: April 13, 2007 AYES NOES ABS EX Effective: April 12, 2007 Ford X Published: April 23, 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 1 DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO ~p~Q,~ FORM AND LEGALITY: ~ {1 ~ / COUN IL CHAT ~~u I 1 DEPU OR ORATION COUNSEL COUNTY OF HAWAII ~y/~O ~ ~,(COUNTYCLERK Date 52 (Draft 3) Bill No.: tw C-178.9/PC-17 Approve Disapproved this ~2 day Reference: Ord No.: 6 of I , 20 ~ 1 / FV/~~~( tom/ M OR, C Z11VT OF HA WA1 `I