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Home My WebLink AboutCOM 0176.102 2006-2008 Page 1 of 1 Murashige, Laura From: Jacqui Hoover ]jacqui_hlpc@yahoo.com] LJP u~~;"g 1 F+I~1 P r,~ Sent: Thursday, May 31, 2007 9:28 PM ~ ~ f. To: HI County Council _ Subject: TESTIMONY -Bill 51 Draft 3 Importance: High Attachments: 070601_Bill 51 D3 Submitted Testimony.doc Aloha, Please find attached testimony (comments) re: Bill 51, D3 scheduled for hearing before Hawaii County Council on Friday, June 1st at 9:00 a.m. Mahalo, Jacqui Hoover, President Hawaii Leeward Planning Conference P.O. Box 2759 Kamuela, HI 98743 Phone (808) 885-9588 Fax (808)885-9590 E-mail 'ac ui_hlpc(cwahoo.com Web www.hawaiileewardglannin .off CONPIDF,NT[ALIT~' NOTICE.: 'Phis a-mail message, including any attachment(s), is for the sole use orthe intended recipient(s) and ma}' contain confidential and/or prh~ileged inl'onnation. Anv mmnthoriixd review, use, copying, diulosure or distribnlioa u prohibited. Ir you are not the intended recipient, please contact [he sender immediately by reply e-mail and destroy the original message and all copies. c. ~ X71.• lo?~ Ref. T~~t+ 1 Ref. Date ~~.~-w~' 6/1/2007 AKINAKA & ASSOCIATES, LIMITED ALSTON HUNT FLOYD & ING ' ASHFORD & WRISTON BANK OF HAWAII HAWAII LEEWARD PLANNING CONFERENCE BAYS DEAVER LUNG ROSE BABA P.O. BO%2158 • KAMUELA HAWAII 987!3-2759 BELT COLLINS HAWAII, LIMITED LADES SCHUTTE FLEMING & WRIGHT CASTLE & COOKE WAIKOLOA, LLC CENTEX DESTINATION PROPERTIES CENTRAL PACIFIC BANK 01 June 2007 CLARK REALTY CORPORATION COOPER & COOPER, LLC D.R. HORTON, INC., SCHULER DIVISION In Consideration Of DE LUZ ENTERPRISES, INC. FIRST HAWAIIAN BANK Bill 51, Draft 3 FOREST SOLUTIONS, INC. GREENWELL FARMS, INC. Proposes to amend Chapter 27, Flood Control, Hawaii County Code HAWAII LAND COMPANY 1983 2005 edition relatin to storm water mans ement HAWAII PLANING MILL, LIMITED ( ) 9 9 HAWAII ELECTRIC LIGHT COMPANY NOKULI'A HOLUALOA COMPANIES HUALALAI RESORT The Honorable Pete Hoffmann, Chair IMANAKA KUDO B FUJIMOTO ]ACOBY DEVELOPMENT, INC. The Honorable Angel Pilago, Vice-Chair JARDINE INVESTMENT PROPERTIES, LLC and Members of the Hawaii Count COUnCII KAHUA RANCH, LIMITED y KAI HAWAII, INC. 333 Kilauea Avenue (Ben Franklin Building) KAMEHAMEHA INVESTMENT CORP. KAMEHAMEHA SCHOOLS Second Floor, Council Room KAUPULEHU DEVELOPMENTS Hllo, Hawaii 96720 KEALAKEKUA RANCH, LIMITED KEALIA RANCH KEAUHOU KONA CONSTRUCTION CORP. KE KAILANI DEVELOPMENT, LLC KITCHELL CONTRACTORS Aloha Chair Hoffmann, Vice-Chair Pilago and Members of the Hawaii KOBAYASHI GROUP, LLc KOHALA RANCH DEVELOPMENT CORP. COUnty COUnCII: KTA SUPER STORES LANIHAU PROPERTIES, LLC L'ORANGE & ASSOCIATES LYNCH HAWAII DEVELOPMENT, LLC M & E PACIFIC, INC I am Jacqui Hoover, President of the Hawaii Leeward Planning MacFARMS OF HAWAII Conference HLPC whose sevent -five members are committed to MARYL GROUP, INC. ( ) y MAUNA KEA PROPERTIES, INC. sound planning, wise use Of our resources, and effective government MAUNA LANI SERVICE, INC. MCCANDLESS LAND & CATTLE COMPANY prOCBSS. McCORRISTON MILLER MUKAI McKINNON MENEHUNE DEVELOPMENT COMPANY, INC. MOOERS ENTERPRISES, LLC The Department of Public Works (DPW) has proposed certain technical THE NATURE CONSERVANCY OF HAWAII changes to Chapter 27 of the Hawaii Coun Code in res onse to the NORTH KONA VILLAGE, LLC `7 p OKAHARA & ASSOCIATES, INC. Federal Emergency Management Agency's (FEMA) mandate to amend PA'AHANA ENTERPRISES, LLC PACIFIC RESOURCE PARTNERSHIP the Code to bring it into conformance with the FEMA program PARKER RANCH requirements. These must be adopted by September, 2007 in order for pONOHOLOIRANCH, LIMITED Hawaii County to remain eligible for funds In the event of a flood QUEEN EMMA LAND COMPANY THE QUEEN LILI'UOKALANI TRUST disaster. R.M. TOWILL CORPORATION RIEHM OWENSBY PLANNERS ARCHITECTS RYAN ASSOCIATES These changes were incorporated as Bill 51. Subsequently, numerous SAM O. HIROTA, INC. additional amendments to ex and the sco a and breadth of the SURETY KOHALA CORPORATION p p TTTLE GUARANTY ESCROW SERVICES, INC. Chapter 27 have been proposed. rsA coRPORATIDN WAIMEA WATER SERVICES, INC. WASTE MANAGEMENT OF HAWAII We are encouraged that the County Administration and Council are WATER RESOURCES INTERNATIONAL, INC. WES THOMAS ASSOCIATES collaborating on new flood control laws. In this same Splflt Of WEST HAWAII CONCRETE collaboration, colleagues and I have conducted a detailed review of the WILSON OKAMOTO CORPORATION WIMBERLY ALLISON TONG & GOO key sections of the proposed code and have identified several points of concern which will be transmitted to both the Council and DPW for Jacqui L. Hoover consideration. We also reiterate our recommendation that the Council President proceed with caution on these additional amendments and work with public and private sector engineers and others to consider flood control p•o. BOX 2159 KAMUELA• HAWAII 96743 in a com rehensive manner. TEL: Bo6.68s.9s66 p FAX: 808.885.9590 h l p c ®h a wa l i a me 1. n et HLPC Testimony 01 June 2007 Re: Bi1151, D3 Chapter 27 was originally adopted specifically to conform to the FEMA's Flood Insurance Administration requirements and was intended to address activity with SPECIAL FLOOD HAZARD areas as identified by the Flood Insurance Rate Map. The Council is proposing to expand the applicability of this Chapter to cover the entire island of Hawaii, which may inadvertently put Hawaii County's eligibility for Flood Insurance Program at risk. I. Development is defined in part as "any manmade change to improved or unimproved real estate" and therefore includes farming, residential construction and other similar activities. II. The proposed FEMA regulations, along with additional requirements proposed by DPW, will help to protect new developments in the event of catastrophic flooding events (100 year floods). On the other hand, the proposed amendments will not protect existing residences that are facing flood impacts and the additional proposed regulations may make it difficult and/or impossible for those being impacted by floods to improve their homes. III. There will be flooding and regulations will not reduce the amount of rainfall or runoff occurring from undeveloped areas. This run-off will continue no matter what development activity occurs and mitigations measures provided in downstream areas. IV. There is flooding and there is drainage. Flooding events (100 year storms, tsunamis or storm waves) are intended to be addressed in Chapter 27. Drainage mitigation from development activities is addressed by Chapter 10, Grading, Chapter 23, Subdivision and Chapter 25, Zoning. These two concepts should not be mixed. V. Failure to adopt the FEMA compliance revisions will put the Flood Insurance Program at risk in Hawaii County. Respectively, a number of the proposed amendments may not have an impact. However, when combined or linked, there are significant impacts that should be considered. These include: a. Section 27-16 (a)(1) requires that all building permits, certificates of occupancy, grading permits and DEVELOPMENT or subdivision approvals shall be reviewed to determine whether the requirements of this chapter have been satisfied. b. Section 27-16(a)(2) and (a)(5) further requires DPW (in its role as floodplain administrator) to review all other government permits, including state and federal permits and approvals, are in compliance with Chapter 27. c. Section 27-12(~ defines "Development" as any "manmade change to improved or unimproved land". d. Section 27-12(~ redefines "Floodplain or flood-prone area' means any land area susceptible to being inundated by water (i.e., THE ENTIRE ISLAND OF HAWAII) from any source. Page 2 of 3 HLPC Testimony 01 June 2007 Re: Bill 51, D3 Based on the four (4) separate provisions, the Chapter would require that DPW review all development activities on the island of Hawaii, including approvals such as the cooperating agreements with the Soil Conservation Service and farmers/ranchers, to ensure compliance with the requirements of Chapter 27. This linkage is also important when considering the impacts of other sections of the code such as Chapter 27-16(f) which requires that whenever a watercourse (whose definition includes stream, channel, wash or other topographic feature on or over which water flow at least periodically) is altered or relocated DPW shall "require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained at or improved to a minimum of the base flood elevation. It is critical to remember that to the extent that a flooding event creates run-off that could affect down stream properties, the proposed requirements will not reduce down stream damage. At best, the regulations will ensure that new developments will not increase the flooding risk. The only way to protect properties from flood damage during a storm event is to ensure that the down stream areas are developed appropriately to minimize the potential for property damage. It is also critically important that an economic review of the proposed requirements be done to determine impacts, direct and indirect, positive and negative; on housing, infrastructure and agriculture. Thank you for this opportunity to express our views on this matter. Respectfully submitted, Jacqui L. Hoover President Hawaii Leeward Planning Conference Page 3 of 3