HomeMy WebLinkAboutCOM 0176.031 2006-2008 f/,~ t,:.~ .H
COUNTY OF HAWAII STATE OF HAWAII
M'Y
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 27, FLOOD CONTROL, HAWAII COUNTY
CODE 1983 (2005 EDITION), AS AMENDED, RELATING TO STORMWATER
MANAGEMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. The purpose of this ordinance is to revise Chapter 27 to comply with
current National Flood Insurance Program regulations found in the Code of Federal Regulations,
Title 44, Parts 59 through 79; establish drainage improvement standazds to control stormwater
quality and runoff qualifies generated by developments; establish requirements for structures that
suffer repetitive losses due to flooding; clarify and restrict substantial improvements; and correct
various inconsistencies found in the chapter.
SECTION 2. Chapter 27, Hawaii County Code 1983 (2005 edifion), is amended, by
amending the title to read:
Chapter 27
[ ] FLOODPLAIN MANAGEMENT
SECTION 3. Chapter 27, article 1, section 27-1, Hawaii County Code 1983 (2005
edition), as amended, is amended to read as follows:
Section 27-1. Statutory authority.
This chapter is enacted pursuant to the U.S. National Flood Insurance Act
of 1968 (Public Laws 90-418 and 91-152), as amended, and the U.S. Flood
Disaster Protection Act of 1973 (Public Law 93-234), as amended. In addition,
the Legislature of the State of Hawaii has in Hawaii Revised Statutes
62-34f1$}~8--109;} 46-1.5(5). 46-1.5(141. 46-11, 46-11.5 and 46-12 conferred
upon the various counties the authority to adopt regulations designed to promote
the public health, safety, and general welfare of its citizenry.
SECTION 4. Chapter 27, article 2, section 27-5, Hawaii County Code 1983 (2005
edition), as amended, is amended to read as follows:
Section 27-5. Applicability.
(a) This chapter shall apply to all areas of special flood hazards identified by
the Federal Insurance Administration in a scientific and engineering report
entitled "Flood Insurance Study," dated ' ~ ' April 2, 2004,
Comm. N~teaarwi W !
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SECTION 6. Chapter 27, article 2, section 27-8, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-8.Other laws and regulations.
All construction and improvements subject to this chapter shall comply
with other applicable laws and regulations including, but not limited to, the
zoning, building, electricity, plumbing, subdivision, erosion and sedimentation
control chapters of the Hawaii County Code, and the storm drainage standards,
October 1970 edition, or later revisions of the County of Hawaii. This chapter,
designed to reduce flood losses, shall take precedence over any less restrictive,
conflicting laws, ordinances, and regulations. This chapter is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this chapter and another chapter, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
In the event of a conflict between this chapter and the National Flood
Insurance Program and Related Regulations (NFIP), as amended, the mr~] more
restrictive arovision will govern.
SECTION 7. Chapter 27, article 2, section 27-12, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-12. DeTmitions.
[(a-)J Unless specifically defined below, words or phrases used in this chapter
shall be interpreted so as to give them the meaning they have in common usage
and to give this chapter its most reasonable application.
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[N ~I-}~ "Existing manufactured home park or subdivision" means a manufactured
home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes aze to be affixed (including, at a minimum,
the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed before May 5, 1982.
[(-t-~}] "Fill" is the placement of fill material at a specified location to bring the
ground surface up to a desired elevation.
IFi)] "Fill material" can be natural sand, dirt, soil or rock. For the purposes of
floodplain management, fill material may include concrete, cement, soil cement,
brick, or similaz material as approved on a case-by-case basis.
[(d-~] "Flood, flooding, or [f'~~,~n~] tlood~ater" means (A) a general and
temporary condition of partial or complete inundation of normally dry land areas
from (i) the overflow of inland or tidal waters, (ii) the unusual and rapid
accumulation of runoff or surface waters from any source which are
approximately caused by flooding as defined in paragraph (A)(ii) of this
defimition and aze akin to a river of water on the surfaces of normally dry land
areas, as when earth is tamed by a current of water and deposited along the path
of the current; and (B) the collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels or suddenly caused by an
unusually high water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as flash flood or an abnormal
tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in paragraph (A)(i) of this definition.
[(-1-8}] "Flood elevation determination" means a determination by the Federal
Insurance Administrator of the water surface elevations of the base flood, that is,
the flood level that has a one percent or greater chance of occurrence in any given
yeaz.
[(-1~] "Flood elevation study" or "flood study" means an examination,
evaluation, and determination of flood hazards and, if appropriate, corresponding
water surface elevations, or an examination, evaluation, and detemunation of
flood-related erosion hazards.
[{?{tj] "Flood Insurance Rate Map (FIRM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate
Map, and the water surface elevation of the base flood.
[(?2-i] "Floodplain or flood-prone area" means any land azea susceptible to being
inundated by water from any source (see definition of "flooding").
[(-23)] "Floodplain administrator" is the individual appointed to administer and
enforce the floodplain management regulafions. This person shall be the director
of public works of the County of Hawaii or the director's duly authorized
representative.
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facilities, but does not include long-term storage or related manufacturing
facilities.
[(33)] "General floodplain" -See "Zone A."
((34l] "Hardship" as related to article 5, variances, of this chapter means the
hazdship that would result from a failure to grant the requested variance. The
director of public works requires that the variance be exceptional, unusual, and
peculiaz to the property involved. Mere economic or financial hazdship alone is
not exceptional. Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors likewise cannot, as a
rule, qualify as exceptional hardships. All of these problems can be resolved
through other means, without granting a variance. This is so even if the alternative
means are more expensive or complicated than building with a variance, or if they
require the property owner to put the parcel to a different use than originally
intended, or to build elsewhere.
[(33i] "Highest adjacent grade" means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a structure.
[{36~] "Historic structure" means any structure that is: (A) listed individually in
the National Register of Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register; (B) certified or
preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district registered
historic district; (C) individually listed on a State of Hawaii inventory of historic
places[;] where the historic preservation program has been approved bathe
Secretary of the Interior; or (D) individually listed on a local inventory of historic
places in communities with historic preservation programs that have been
certified either: (i) by an approved State program as determined by the Secretary
of the Interior, or (ii) directly by the Secretary of the Interior in states with
approved programs.
[(3~}] "Levee" means aman-made structure, usually an earthen embankrrrent,
designed and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection from
temporary flooding.
[(-3&)] "Levee system" means a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and drainage devices,
which are constructed and operated in accord with sound engineering practices.
[(~39~] "Lowest floor" means the lowest floor of the lowest enclosed azea
(including basement). An unfinished or flood resistant enclosure, usable solely for
parking of vehicles, building access, or storage in an azea other than a basement
area is not considered a building's lowest floor provided that such enclosure is not
built so as to render the structure in violation of the applicable nonelevation
design requirements of this chapter.
[(49l] "Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when attached to the required utilities. The term
7
[E4€rj] "New manufactured home park or subdivision" means a manufactured
home park or subdivision for which the construction of facili$es for servicing the
lots on which the manufactured homes are to be affixed (including at a minimum,
the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after May 5, 1982.
"Obstruction" includes but is not limited to any dam, wall, wharf,
embankment, levee, dike, pile, abutment, protection, excavation, channelization,
bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure,
vegetation, or other material in, along, across, or projecting into any watercourse
which may alter, impede, retard, or change the direction and/or velocity of the
flow of water, or due to its location, its propensity to snaze or collect debris
carried by the flow of water or its likelihood of being carried downstream.
[(-481] "One-hundred-yeaz flood" means a flood which has a one percent annual
probability of being equalled or exceeded. It is identical to the "base flood."
[(~9j] "One-hundred-year floodplain" means any area of land susceptible to
being inundated by water from any source generated by the one-hundred-year
flood.
[(-SA}] "Primary frontal dune" means a continuous or neazly continuous mound or
ridge of sand with relatively steep seawazd and landwazd slopes immediately
landwazd and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms. The inland limit of the primary
frontal dune occurs at the point where there is a distinct change from a relatively
mild slope.
"Principal structure" means a structure used for the principal use of the
property as distinguished from an accessory use.
"Recreational vehicle" means a vehicle which is: (a) built on a single
chassis: (b) 400 square feet or less when rneasured at the largest horizontal
projection: (c) designed to be self-propelled or permanently towable by a light
duty truck; and (d) designed primarily not for use as a permanent dwellin bg ut as
tem orar l~ving~uarters for recreational, camping, travel, or seasonal use.
[(32-1] "Regulatory floodway" means the channel of a river or other watercourse
and the adjacent land azeas that must be reserved in order to dischazge the base
flood o ...r,o . ,.F eye..,..:,.., ,.tea
"Repetitive loss structure" means home or business that was damaged by
flood two times in the past ten years, where the cost of fully repairing the flood
damage to the buildine, on the average, equaled or exceeded twenty-five percent
of its market value at the time of each flood.
[(331] "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
[(34~] "Sand dunes" means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
[(33 "Sheet flow azea" -See "azea of shallow flooding."
[(3Hl] "Special flood hazard azea" means an area having special flood, mudslide
(i.e. mudflow) and/or flood-related erosion hazards, and shown on the Flood
Insurance Rate Maps as Zones A, AO; AE, A99, AH, VE or V.
9
"Violatio~i' means the failure of a structure or otrier decetopment to he
fiill~~ compliant with the conunwiitv~s tloodplain management regulations. A
structure or other development ~iithout the elevation certiticate, other
certifications. or other evidence of compliance with this chapter is presumed to he
h~ violation until such time as that documentation is pro~•ided.
[(-6?IJ "Water surface elevation" means the height, in relation to the National
Geodetic Vertical Datum of 1929, (or other datum, where specified) of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine azeas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel,
or other topographic feature on or over which waters flow at least periodically.
Watercourse includes specifically designated azeas in which substantial damage
may occur.
[(-64-1] "Zone A" is the special flood hazard area that conresponds to the
one-hundred-year floodplains that are determined in the Flood Insurance Study by
approximate methods. Because detailed hydraulic analyses are not performed for
such areas, base flood elevations or depths have not been determined within this
zone.
[(63-1] "Zone AE" is the special flood hazard area that corresponds to the
one-hundred-year floodplains that are determined in the Flood Insurance Study by
detailed methods. Whole-foot base flood elevations derived from the detailed
hydraulic analyses have been determined at selected intervals within this zone.
L4661] "Zone AH" is the special flood hazard area that corresponds to the azeas of
one-hundred-year shallow flooding (usually areas of ponding) where average
depths are between one and three feet. Whole-foot base flood elevations derived
from the detailed hydraulic analyses have been determined at selected intervals
within this zone.
[E6~11 "Zone AO" is the special flood hazazd azea that corresponds to the areas of
one-hundred-year shallow flooding (usually sheet flow on sloping terrain) where
average depths are between one and three feet. Average whole-foot depths
derived from the detailed hydraulic analyses have been determined within this
zone.
[(6511 "Zone A99" is the special flood hazard azea where enough progress has
been made on a protective system, such as dikes, dams, and levees, to consider it
complete for insurance rating purposes. Base flood elevations have not been
determined for azeas designated as Zone A99.
[(69}] "Zone V" is the special flood hazard area that corresponds to the
one-hundred-yeaz coastal floodplains extending from offshore to the inland limit
of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. It is an area subject to high
velocity waters, including coastal and tidal inundation or tsunamis. Base flood
elevations have not been determined for azeas designated as Zone V.
[(~91] "Zone VE" is the special flood hazard area that corresponds to the
one-hundred-year coastal floodplains extending from offshore to the inland limit
of a primary frontal dune along an open coast and any other azea subject to high
velocity wave action from storms or seismic sources. It is an area subject to high
velocity waters, including coastal and tidal inundation or tsunamis. Whole-foot
11
t.~ Designed and ndeguatel~ anchored to pre~~ent flotation.
collapse, or lateral nrovemenC
f~ Constructed offlood-resistant materials:
ICS Constructed bti methods and practices that minimize flood
dama:e: and
1D1 Constructed w~ilh alecu'ical. healing. ~~entilation, pluurbiue,
and air couditiuning e ui ment and other sen~iee facilities
that are designed andior located so as to prevent water from
emering a accumulative within the components during
conditions oftloodine;
(4) All permits shall be reviewed to determine that the proposed
development [ a,.°° ..°...'..°-...I. ,.FF°,...h° , °F
,l I. FF° ~H°v 1 ~6°
~Ter,,er.--a,-.~ets~~--.,R,~tbe e-~~;,~. e effc~t--ef~..~
°°°a ~'°•~°'°^•r°°~J when combined with all other existing and
anticipated development will not increase the water surface
elevation of the base flood [:~~~~~°~R",e.,°T~-'~°t] at any point[.]
Ensure all State and Federal permits are obtained.
(b) Information to be maintained.
(1) The Flood Insurance Study and Flood Insurance Rate Maps for the
County of Hawaii;
(2) The certification of lowest floor elevation;
(3) The certification of floodproofing for spaces below the base flood
elevation;
(4) The certification of final pad elevation where a site is filled above
the base flood elevation;
(5) The certification that an encroachment in the floodway will not
result in any increase in flood levels during base flood discharge;
and
(6) The certification of elevation and structural support for structures
in the coastal high hazard area.
(c) Interpretation of maps. The d'uector of public works shall make
interpretations where needed, as to the exact location of the boundaries of
the areas of special flood hazards (for example, where there appears to be
a conflict between a mapped boundary and actual field conditions). A
person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in article 5.
Chance in base flood elevations. R'henever base flood elevations increase
or decrease as a result of physical changes affecting flooding conditions,
as soon as practical, but no later than six months after the date such
information becanes available, the floodplain administrator shall notify
the Federal Insurance Administration of the changes by submitting
technical or scientific data through the Letter of Map Revision rocess.
Such a submission is necessar~• so that upon confirmation of those
13
(4) Floodproofing certification. For all new nonresidential
construction and substantial improvement with enclosed azeas
below the base flood elevation, the Federal Emergency
Management Agency "Floodproofing Certificate" form, as
amended, shall be completed and certified by an engineer or
architect currently [registered) licensed in the State of Hawaii and
shall be submitted for approval with the building plans. The
director of public works may require additional information
regazding the floodproofing design from the permit applicant and
the applicant shall provide it. The information required may
include the design data and calculations used in the floodproofmg
design, a detailed flood elevation study, a drainage report, and
other information as determined necessary by the director of public
works to establish compliance with the provisions of this chapter
and to promote public welfare and safety.
(b) Post-construction certification. Requirements for approval of the
certificate of occupancy shall include the following items, as applicable,
and any additional items as required by the director of public works to
promote public welfare and safety:
(1) Elevation certification. The Federal Emergency Management
Agency "Elevation Certificate," as amended, shall be completed
and certified by a land surveyor, civil engineer, or architect
currently [registered) licensed in the State of Hawaii and
submitted for approval with the application for the certificate of
occupancy. The information certified within the "Elevation
Certificate" shall be based on actual construction.
(2) Compliance with other requirements of this chapter.
SECTION 11. Chapter 27, article 4, section 27-18, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-18. Standards for construction.
Standards for construction within areas of special flood hazards are
established as follows:
(a) Anchoring.
(1) New construction, improvements to repetitive loss structures, and
substantial improvements shall be adequately anchored to resist
flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
(2) All manufactured homes, including mobile homes, shall meet all
standards for structures.
(b) Construction materials and methods.
(1) New construction, i~rovements to reuetitive loss structures, and
substantial improvement shall be constructed with materials and
utility equipment resistant to flood damage.
15
(B) Has structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy.
[(<l-)] ~ In Zones V and VE, filling and the use of fill material for
structural support of buildings shall be prohibited.
(d) Elevation and floodproofing.
(1) Within Zones AE and AH:
(A) For residential new construction, improvements to
repetitive loss structures, and substantial improvements:
The lowest floor shall be elevated to or above the
base flood elevation.
(B) For nonresidential new construction, improvements to
repetitive loss structures, and substantial improvements:
The lowest floor shall be elevated or flood roofed
to or above the base flood elevation. If the lowest floor is
below the base flood elevation, then the structure together
with attendant utility and sanitary facilities shalt be
designed, [axd] constructed, and certified by a licensed
professional engineer or architect such that:
(i) The structure is watertight below the base flood
elevation.
(ii) The walls are substantially impermeable to the
passage of water.
(iii) The structural components are capable of resisting
hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(C) Within Zone AH, new construction, improvements to
repetitive loss structures, and substantial improvement shall
be required to provide adequate drainage paths around
structures on slopes to guide [€lesd--wets] floodwaters
around and away from proposed structures.
Fully enclosed areas below the lowest floor that are
useable solely for parking of vehicles. buildine access, or
storaue in an area other than a basement and which ace
subject to floodine. shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a
licensed professional engineer or architect or meet or
exceed the following criteria: A minimum of two
o e~nin~s having a total net area of not less than one square
inch for every square foot of enclosed area subject to
flooding shall be provided. Each opening must be on
different sides of the enclosed area. The bottom of al]
openings shall be no higher than one foot above rg ade"
Openings may be equipped with screens, louvers. valves.
17
SECTION 12. Chapter 27, article 4, section 27-20, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-20. Standards for subdivisions[.-] and other developments.
(a) All subdivisions and other decelu nnents within areas of special flood
hazards and flood-gone 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 develo nU
lent applications shall identify the areas
of special flood hazards and base flood elevations on the proposed site. If
such infonnation 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.
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Subdivisions and other developments within areas desi>?nated as Zone A
or general flood plain shall comply with the following:
Obtain all required permits, together with those reculated 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 theplacement of
manufactured homes.
For all proposed 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.
Contph~ with the requirements of section 37-?4.
19
(c) The following uses, not involving fill, shall be evaluated on a case-by-case
basis to establish that the use does not cause any increase in base flood
elevations:
(1) Public and private outdoor nonstructural recreational facilities, lawn,
garden, and play areas;
(2) Agricultural uses, including farm, grazing, pasture, and outdoor plant
nurseries; and
(3) Drainage improvements, such as channels and stream crossings.
SECTION 14. Chapter 27, article 4, section 27-23, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-23. Standards for coastal high hazard areas.
Coastal high hazard areas, more commonly known as tsunami inundation
areas, aze identified as Zone V or Zone VE on the Flood Insurance Rate Maps.
Within coastal high hazard azeas, the following standards shall apply:
(a) All new construction, improvements to repetitive loss stn~ctures, and
substantial improvements in a coastal high hazard area. shall be
constructed with materials and utility equipment resistant to flood damage
and using methods and practices that minimize flood damage.
(b) New construction, improvements to repetitive loss structures, and
substantial improvement shall be elevated on adequately anchored pilings
or columns and securely anchored to such pilings or columns so that the
lowest horizontal portion of the structural members of the lowest floor,
excluding the pilings and columns, is elevated to or above the base flood
level. The pile or column foundation and structure attached thereto shall
be anchored to resist flotation, collapse, and lateral movement due to the
effects of wind and water loads acting simultaneously on all building
components. The wind and water loading values shall each have a one
percent chance of being equaled or exceeded in any given yeaz.
(c) New construction, improvements to repetitive loss structures, and other
development shall be located on the landwazd side of the reach of mean
high tide.
(d) New construction improvements to repetitive loss structures, and
substantial improvement shall have the enclosed space, if any, below the
lowest floor free of obstructions and constructed with breakaway walls as
defined in section 27-12. Such enclosed space shall not be used for human
habitation and will be useable solely for pazking of vehicles, building
access, or storage. Machinery and equipment which service the building,
such as furnaces, air conditioners, heat pumps, hot water heaters, washers,
dryers, elevator lift equipment, electrical junction and circuit boxes, and
food freezers aze not permitted in such enclosed spaces. The enclosed
space must only be achieved with breakaway walls, open wood
latticework, or insect screening intended to collapse under wind and water
loads without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system. A
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(1) Project location and site plan showing dimensions.
(2) Relationship to floodway and floodway fringes as determined by
flood elevation study.
(3) Contour map showing the topography of existing ground based on
elevation reference mazks on flood maps. The scale and contours
are to be appropriate to the work in question.
(4) Existing and proposed base flood elevations.
(5) Existing and proposed floodpmofing and flood control measures.
(d) New construction, improvements to repetitive loss structures. and
substantial improvements within the general floodplain shall satisfy the
requirements set forth for Zones AE, AH, AO, or VE as is determined to
be applicable by the director of public works based on base flood
information and floodway data obtained through subsections 27-24(a) and
27-24(b).
(e) The director of public works may waive informational requirements if the
director of public works has sufficient information to make an evaluation
and determination regarding flood elevation or may request further
information, including a detailed flood elevation study and a drainage
report, to evaluate flood risks and determine the applicability of flood
construction and development standazds.
(f) All new construction, improvements to repetitive loss structures,
development, and substantial improvement within the general floodplain
shall be certified as required by section 27-17.
~ All manufactured homes shall be elevated and anchored to resist flotation,
collapse, or lateral movement.
SECTION 16. Chapter 27, article 4, section 27-25, Hawaii County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-25. Standards for development adjacent to drainage facilities.
New construction, improvements to repetitive loss structures, and substantial
improvements proposed adjacent to drainage facilities outside of the special flood
hazard azeas identified on the Flood Insurance Rate Maps shall be subject to
review and approval of the director of public works.
(a) Upon request by the director of public works, further information
concerning base flood elevation, floodways, surface water runoff, existing
and proposed drainage patterns, and other information, including a
detailed flood elevation study, drainage report, and fmdings and opinions
by a [fegistered] licensed professional civil engineer, shall be provided to
evaluate potential flooding.
(b) The director of public works shall detemvne the applicability of the
various development and construction standards provided in this chapter
based upon information available from a Federal, State, or other source,
including information provided by the pernut applicant.
(c) A drainage facility shall not be modified, constructed, lined, or altered in
any way without the approval of the director of public works.
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(c) Variances shall only be issued upon:
(1) A showing of good and sufficient cause. Under this [eriteeia]
criterion, the applicant must demonstrate that the variance request
is for land which has physical characteristics so unusual that
complying to flood requirements will create exceptional hazdship
to the applicant or surrounding landowners. The unique
characteristic must pertain to the land itself and not the structure,
its inhabitants, or the property owner.
Under this [c~tteria] criterion, only exceptional instances
should arise where the physical characteristics of properties create
a hardship sufficient to justify granting a variance. Even in a fairly
common situation where an undeveloped lot is surrounded by
properties with structures built at grade and/or below flood levels,
a variance cazmot be justified since an applicant can erect the
concerned structure on pilings, etc.;
(2) A determination that failure to grant the variance would result in
exceptional "hardship" (as defined in section 27-12) to the
applicant. Under this [eftteria] criterion, the hardship that would
result from failure to grant a requested variance must be
exceptional, unusual, and peculiaz to the property involved.
Economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors cannot,
generally, qualify as exceptional hazdship. Under this [c-r-iteria]
criterion, for example, a member of a household is physically
handicapped and wants a variance to build the dwelling at grade or
at a lower level for access purposes. A variance should not be
issued because the owner can construct a ramp or elevator to meet
flood requirements. Elevation will allow the infirm or handicapped
person to be evacuated in the eazly stage of flooding, and, if there
is insufficient warning or help in evacuating that person, then, in
all likelihood, he can survive the flood by simply remaining in the
home safely above the levels of [Heed-waters;] floodwaters:
(3) A determination that the variance is the "minimum necessary" (as
defined in section 27-12), considering the flood hazard, to afford
relief. Under this [eriteria] criterion, the variance that is granted
should be for the minimum deviation from the flood requirements
that will still alleviate the hazdship. In the case of variance to an
elevation requirement, this does not mean approval to build at
grade level or to whatever elevation an applicant proposes, but
rather to a level that the director of public works determines will
provide relief and preserve the integrity of the flood ordinance; and
(4) A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause "fraud or
victimization" (as defined in section 27-12) of the public, or
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(b) Cross-sections and profile of the area and the regulatory flood elevations
and profile based on elevation reference marks on flood maps.
(c) Flood study and drainage report in areas where a study and report have not
been reviewed and accepted by the County of Hawal`i.
(d) Description of surrounding properties and existing structures and uses and
the effect of the regulatory flood on them caused by the variance.
(e) Evaluation and supporting information for the variance with respect to the
factors to be considered by the director of public works as listed in
paragraphs 27-27(a) through 27-27(f).
(f) An agreement that a covenant will be inserted in the deed and other
conveyance documents of the property and recorded with the bureau of
conveyances of the State of Hawal`i, stating that the property is located in
a flood hazard area subject to flooding and flood damage; that a flood
hazard variance to construct a structure below the base flood elevation will
result in increased flood insurance rates and increases flood risks to life
and property; that the property owners will not file any lawsuit or action
against the County of Hawaii for costs or damages or any claim; that the
property owners will indemnify and hold harmless the County of Hawaii
from liability when such loss, damage, injury, or death results due to any
flood hazard variance and flooding of the property; and that upon approval
of the variance, the covenants shall be fully executed and proof of
recording with the bureau of conveyances shall be submitted to the
director of public works prior to the issuance of a building permit.
(g) Such other information as may be relevant and requested by the director of
public works.
SECTION 20. Chapter 27, article 5, section 27-30, Hawal`i County Code 1983 (2005
edition), as amended, is hereby amended to read as follows:
Section 27-30. Recording and reporting of variances.
(a) Any applicant to whom a variance is granted shall be given written notice over
the signature of the director of public works that:
(1) The issuance of a variance to construct a structure at elevations
below the base flood level will result in increased premium rates
for flood insurance[,] up to amounts as high as $2~ for $100 of
insurance coverage:
(2) Such construction below the base flood level increases risks to life
and property; and
(3) A copy of the notice shall be recorded with the State of Hawaii
bureau of conveyances and shall be recorded in a manner so that it
appears in the chain of title of the affected parcel of land.
(b) A record of all variance actions, including justifications for issuance of
any variance[,] and written notices, shall be maintained by the director of
public works. A report of the variances issued shall be included in the
biennial report submitted to the Federal Insurance Administration, Federal
Emergency Management Agency.
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give notice to the owner to remove the encroachment and/or obstruction in the
manner provided in this [ °r] article.
SECTION 23. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 24. 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 effect without the invalid provision or application, and to
this end, the provisions of this ordinance are declared to be severable.
SECTION 25. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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