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Home My WebLink AboutORD 1975-168BILL No. 146 TAPfENDEIS ) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. 168 AN ORDI~7ANCE AMENDING THE HAWAII COUNTY CODE BY ADDING CHAPTER 18 THEREOF, RELATING TO EXCAVATION, FILLS, GRADING, GRUBBING, STOCK- PILING .~1ND EROSIdN AND SEDIMENTATION CONTROL. BE IT O~tDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: ARTICLE 1. SEt~TION 1. GENERAL PROVISIONS. Sec. 1. 1. Purpose. The purpose of this Ordinance is to provide standards to safeq~uard property, control erosion and sedimentation and to promote', the public welfare by regulating and controlling excava- tions, dills, grading, grubbing and stockpiling operations within the County of Hawaii. Sec. 1.2. Definitions. wherever used in this Ordinance, the following words shall have the meaning indicated: (a) "Chief Engineer" shall mean the Chief Engineer, Department of Public Works, County of Hawaii, or his duly authorized representative. (b) "Designated historic and archaeological sites" shall mean those sites listed within the County General Plan or the Hawaii Register of Historic Places. (c) "Engineer" shall mean a professional engineer (civil cbr structural) registered in the State of Hawaii. (d) "Engineer's soils report" shall mean a report on soi l conditions prepared by an engineer experienced in the practice of soils mechanics and foundations engineering. ', (e) "Erosion" shall mean the wearing away of the ground surface as a result of action by wind and/or water. '~ or "borrow" shall mean (f) "Excavation," "cut any act: by which soil, sand, gravel, rock or any similar material is cut into, dug, uncovered, removed, displaced, relocated or bulldozed. State Land Use Commission and County Zoning and other agencies' regv.l,ati.ons on shoreline improvements are made a part hereof by reference. (g) "Fill" shall mean any act by which soil, sand, grave.L, rock or any other material is deposited, placed, pushed, damped, pulled, transported, or moved to a new location. State Land Use Comm,issi.on and County Zoning and other agencies' regula- tions on shore.li:ie improvements are made a part hereof by reference. (~1) "Grading" shall mean any excavation or fill or arty combination thereof. .,~hich vegeta- (i) "Grubbing" shall mean any act by tion, including trees, timber, shrubbery and plants, is removed, dislodged, uprooted or cleared from the surface of the ground. (j) "Overburden" shall mean a soil material over- laying another geologic formation. (k) "Permittee shall mean the person or party ermit is issued and shall include but not be limited to whom the p or attorney to the property owner, his lessee, developer, agent, in fact. of a soil (1) "Plasticity" shall mean the property which allows it to be deformed beyond the point of recovery without cracking or appreciable volume change. (m) "Sedimentation" shall mean the deposition of erosional debris-soil sediment displaced by erosion and transported by water from a high elevation to an area of lower gradient where sediments are deposited as a result of slack water. -2- (n) "Soil and Water Conservation Districts" shall mean the legal subdivisions of the State of Hawaii authorized under Chapter 180, Hawaii Revised Statutes. Whenever the Chief Engineer determines that any existing excavation, fill, grubbing or stockpiling has become a hazard to property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation, fill, grubbing or stockpiling is located, or other person ar agent in control of said property, upon receipt of notice in writ:irsg from the Chief Engineer shall within the period specified therein repair or eliminate the hazard and be in conformance with the requirements of this Ordinance. The Chief Engineer or his authorized representatives are hereby authorized to enter any prop- erty to determine or to enforce the provisions stated herein. Sec. 1.4. Exclusions. (a) All work in this section must conform to the provisions of Sec. 3.4 to be considered for exclusion. (b) This Ordinance shall not apply to the following: (1) Mining or quarrying operations regulated by other County Ur~linances or governmental agencies. (2) Grading within the building lines for basements and footings of a building, retaining wall, or other structure, authorized by a valid building permit. (3) Grading and grubbing on individual cemetery plots. (4) Sanitary filling and operation of rubbish dumps. (5) Agricultural operations, including ranching incidental to or in conjunction with crop or livestock production -3- and all other operations that are in conformance with soil conser- vation practices acceptable to the applicable soil and water con- servation district directors and are in accordance with an actively pursued comprehensive conservation program, providing: a) Such operations do not alter the general and localized drainage patterns with respect to abutting properties. b) A conservation program for the affected properties acceptable to and approved by the applicable soil and water conservation district directors is filed with the Soil Conser- vation District.. c) The conservation program, with appropriate modifications is reviewed and re-approved by the soil and water conservation district directors periodically but not less than once every five. years. (6) Excavation which does not alter the general drainage pattern. with respect to abutting properties, which does not exceed 100 cubic yards of material on any one site, and does not exceed 5 feet in vertical height at its highest point; provided that the cut meets the cut slopes and the distance from property lines requirements in Section 3.1. (7) Fill which does not alter the general drainage pattern with respect to abutting properties, which does not exceed 100 cubic yards of material on any one site and does not exceed 5 feet in vertical depth at its deepest point, provided that the fill meets the fill slopes and distance from property lines requirements in Section 3. 1. (8) Grubbing which does not alter the general and localized drainage pattern with respect to abutting properties and does not exceed a total area of one acre. -4- (9) Exploratory excavations not to exceed 50 cubic yards under the dix-ection of an engineer for the purpose of subsurface required by the Chief Engineer and provided that the Chief Engineer has been advised iri writing prior to the start of such excavation. (10) Clearing, excavation and filling required in conjunction with the installation of pole lines by electric, telephone and public utilities. SECTION 2. PP:RMITS; INSPECTION. Sec. 2.1. Permits. Except as excluded in Section 1.4 of this Ordinance: (a) No grading work shall be commenced or performed without a grading permit. (b) No grubbing work shall be commenced or performed without a grubbing permit except where grubbing concerns land for which a grading pes-mit has been issued. (c:) No stockpiling work shall be commenced or performed without: ~~ stockpiling permit. (d) No grading, grubbing or stockpiling permit shall. be issued without t:he Chief Engineer's review of the applicant's compliance with, the County General Plan or with Chapters 6, 205 and 343, Hawaii Revised Statutes. Sec. 2.2. Application for Permits. (a) An applicant for a grading, grubbing, or stock- piling permit sha1:L first file an application on a form furnished by the Department of F~ubl;:c Works, County of Hawaii. Each application shall: (1) Describe by tax key or street address the land on which the proposed work is to be done. (2) State the estimated dates for the starting and completion of the proposed work. (3) Show the name of the permittee and/or owner including engineer, if applicable, who shall be responsible for the -5- work to be performed by himself, his contractors and/or employees and for requesting the inspections required herein. (b) Each application for a grading permit shall also be accorlpanied by two sets of plans and specifications, in<:luding: (1) For all areas a) A vicinity sketch or other data adequately indicating the ;sate location. b) Boundary lines of the property on which the wor}: is to be performed. c) Location of any buildings, structures, or designated historic and archaeological sites, on the property where the work :is to be performed and location of any building or structuz:e on land of adjacent property which is within 15 feet of the property to be graded when the grading may affect the buildings, structui:es,or designated historic and archaeological sites. d) Contours showing the topography of the existing ground and extending 5 feet into adjacent pro;~erty when rec;uired by the Chief Engineer. The scale and contour are to be appropriate to the work in question. e) Elevations, dimensions, location, extent and the slopes of all proposed grading shown by contours and other means. f) The area in square feet of the land to be gradEad and the quantities of excavation and fill involved. Show separately quantities for excavation within and outside of building lines. g) Any additional plans, drawings, or calculations required by the Chief Engineer. (2) For grading of areas of more than 15,000 square i`eet, a contour map prepared by an engineer or land surveyor -6- and appx•oved by the Chief Engineer and showing the contours and elevations of the land before and after the completion of the proposed grading. This map shall include location of existing large trees,dE:signated historic and archaeological sites, and definable rock out:croppin<~s, lava tubes, detailed plans and specifications of all drainage devices and utilities, including bank protection, walls, cribbing, dams, silting or sediment basins, landscaping, screen planting, erosioxx control planting or other protective devices to be constructed ixx connection with, or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drains. (3) Where a proposed cut or fill is greater than 15 feet in height; or on land with slopes exceeding 15 per cent in an area with high plasticity soils; or when any fill is to be placed over a swamp, pond, gully or lake; the permittee shall submit an engineer's soils report which shall include data regarding the nature, distribution and strength of existing soils and substantiating data from an engineer regarding the safety of the proposed grading, the fill. and the material to be used, and describing the cut sections by showing the txeight, cut slope, benches, and material composing the cut bank:. (c) An applicant for a grubbing permit shall furnish two sego of plot plans showing the location, the property k>oundaries, and any other pertinent information as may be required by the Chief Engineer. Grubbing or land clearing by bulldozer for the purpose of making topographic survey shall not be permitted without an authori2;ed grubbing permit. No permit will be required for cutting or bulldozing o:E trails for survey lines and access for soil explora- tion equipment. -7- (d) An applicant for a stockpiling permit shall furnish two sets of plot plans showing the property lines and the location of the proposed stockpile, quantities, height of stockpile, duration of stockpile, source and type of the material to be stock- piled artd furnish any other pertinent information as may be required by the Chief Engineer to control the creation of dust, drainage or sediment:at.ion problems. The plot plan for stockpiling shall be approved by the Chief Engineer. (e) If no action (approval, disapproval, deferral or modif'icationl is taken by the Chief Engineer within 30 days after submitt~il of the initial request the permit shall be deemed approved. Sec. 2.3. Permit Limitations. (a) The issuance of a grading permit shall constitute an authorization to do only that work which is described on the permit and on the plans and specifications approved by the Chief Engineer. (b) Jurisdiction of Other Agencies. Permits issued under tY~e requirements of this Ordinance shall not relieve the owner of responsibility for securing required permits for work to be done which iee regulated by any other code, department or division of the governing agency. (c) Conditions of Approval. In granting any permit under tYiis Ordinance, the Chief Engineer may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard t:o public or private property. Such conditions may include, but sha:_1 not be limited to: (1) Improvement of any existing grading to bring it: up to the standards of this Ordinance. (2) Requirements for fencing of excavations or fills wYiich otherwise would be hazardous. -8- (3) Screen planting, landscaping, erosion control planting, or other treatments to maintain good appearance of graded area and reduce the detrimental impact on adjacent properties of the communit:y. (4) Cleaning up the area. (5) Days and hours of operation. Sec. 2. 4. Permit Fees. (a) Before issuing a grading permit, the Chief Engineer shall collect a permit fee for grading on the same site based on the volume of excavation or fill, whichever is greater, according to the following schedule: Volume of Material 0 - 100 cubic yards 101 - :L,000 cubic yards Permit Fee $2.00 $2.00 for the first 100 cubic yards plus $2.00 for each addi- tional 100 cubic yards or fraction thereof. 1.,001 - .10,000 cubic yards 10,001 cuk>ic :yards or more $20.00 for the first 1,000 cubic yards plus $2.00 for each addi- tional 1,000 cubic yards or frac- tion thereof. $38.00 for the first 10,000 cubic yards plus $1.00 per 1,000 cubic yards or fraction thereof. (b) Before issuing a grubbing permit, the Chief Engineer shall collect a permit fee of $2.00 for grubbing in excess of one acre, plus $1.00 for each additional 5 acres or fraction thereof. (c) Before issuing a stockpiling permit the Chief Engineer shall collect a permit fee of $2.00 for stockpiling in excess of the first 500 cubic yards plus $1.00 for each additional 1,000 cubic yards or fraction thereof. (ci) Where work for which a permit is requix-ed by this Ordinance is started or proceeded prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double -9- fee shall not relieve any person from fully complying with the require- ments of` this Ordinance in the execution of the work nor from any other penalties prescribed herein. (e) When grading, grubbing or stockpiling is performed by or on. behalf of the County, State or Federal Government, the Chief Engineer shall waive the collection of any permit fee required in subsections (a)„ (b), and (c) above. (f) All permit fees shall be deposited in t:he General Fund. Sec. 2„5. Expiration of Permits. (a) Every grading or grubbing permit shall expire and become null and void unless the work permitted herein is started within 90 days after the: date of issuance or within 90 days after the completion date specified t:ha_reon but not later than one year after the date of issuance.. Extension of time may be granted if, in the judgment of the Chief Engineer, the work authorized under the permit would not be exceeded.. In such cases, no additional fee will be imposed. (b) Every stockpiling permit shall expire and become null and. void one year after the date of issuance material temporarily stored on the premises shall premises or used on the premises as fill material for fill. prior to the expiration date. Extension if, in the judgment of the Chief Engineer, the wo the permit would not be exceeded. In such cases, will be imposed. Sec. 2..6, Denial of Permit. and all stockpiled be removed from the under a grading permit of time may be granted rk authorized under no additional fee (a) If the Chief Engineer finds that the work as proposed. by the applicant is likely to endanger any property or public way or st:r~ucture or endanger the public health or welfare, he shall deny the gr.ad.ing, grubbing or stockpiling permit. Factors to be -10- considered in determining probability of hazardous conditions shall include., but not be limited to, possible saturation of the ground by rains, Eaarth movements, geological or flood hazards, undesirable surface water runoff, sub-surface conditions such as the stratification and faulting of rock, nature and type of soil or rock. Failure of the Chief Engineer to observe or recognize hazardous conditions or his failure to deny the grading, grubbing or stockpiling permit shall not relieve the permittee or his agent from being responsible, or cause the County, its officers or agents, to be held responsible for the conditions or damages resulting therefrom. Sec. 2.7. Suspension or Revocation of Permit. (a) The Chief Engineer may, in writing, suspend or revoke a permit issued under the provisions of this Ordinance whenever the permit has been issued on the basis of incorrect or insufficient information supplied by the permittee; whenever the grading, grubbing or stocl~:piling :is not being performed in accordance with the terms and provisions of the permit; or whenever the grading, grubbing or stockpi=_ing discloses objectionable or unsafe conditions. (b) When a permit has been suspended or revoked, the permittee may submit detailed plans and proposals for compliance with the provisions of this Ordinance and for correcting the objectionable or unsai`e conditions. Upon approval of such plans and proposals by the Chief Engineer, he may authorize the permittee in writing, to pro- ceed with the work. Sec. 2.t3. Right of County to Perform Work and to Recover Costs Thereof. (a) In the event that the permittee shall fail (1) to comply with all the terms and conditions of the permit to t:he satis- faction of the L'hief Engineer; or (2) to complete all of the work authorized under_ the permit within the time limit specified in the -11- permit; or (3) to comply with all special precautions enumerated in Section 3.2 and with all the requirements of the Chief Engineer pursuant to Section 3.2; or (4) fail to proceed under Section 2.7(b); within 30 days afr_er a permittee has been served with written notice thereof, either by mail or personal service, the County Council may order the permittee to be prosecuted as a violator of the provisions of this Ordinance and m,~y order the Chief Engineer to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to -the County Council who shall cause the same to be paid. Such cost shall be charged to the permittee or owner or both of the premisee~ involved. The County of Hawaii may enforce payment of such cost in any manner ,provided by law, including proceedings under Chapter 507, Part II, Hawaii Revised Statutes. For the purposes of the operation of Part II of Chapter 507 of the Hawaii Revised Statutes, the permittee shall be deemed to come within the definition of "owner" as defined .in said chapter; the County of Hawaii shall be deemed to come within the definition of "general contractor" as defined in said section and the execution of work specified. in the notice shall be deemed a contract between the permittee and the County of Hawaii.. Sec. 2.9. Construction Prohibited Prior to Completion of Grading Work. No construction of any structure upon the premises involved shall be permitted tixntil the Chief Engineer has received the notice of completion that the grading, grubbing, or stockpile work has been completed in accordance with the grading permit. Sec. 2.10. Inspection. (a) Each permit issued under this Ordinance shall be deemed to include tl-ie right of the Chief Engineer or his authorized -12- representatives to enter upon and to inspect the grading, grubbing or stockpi:ing operations. (b) The permittee shall notify the Chief Engineer at least t~ao days before the permittee or his agent begins any grading, grubbing or stockpiling. A copy of the permit, approved plans and specifications for grading, grubbing or stockpiling shall be maintained at the site during the progress of any work. Where it is found by inspection that the soil or other conditions are not the same as stated or shown .in the application for grading, grubbing or stock- piling permit, the Chief Engineer may stop the grading, grubbing or stockpiling until revised plans, based upon the existing conditions, are submitted by the permittee and approved by the Chief Engineer. Approval. or disapproval of applicant's revised plan shall be made within 14 days :From date of receipt by the Chief Engineer. (c) If the Chief Engineer or his representative finds that the: work i:s not being done in conformance with this Ordinance; or the Flans and specifications approved by the Chief Engineer, he shall. immediately notify the person in charge of the grading work of the non-conformity and immediately notify the responsible party tYce need :For corrective measures to be taken. Grading operations sha1:1 cease until corrective measures satisfactory to the Chief Engineer have been taken. (d) When a permittee has been served with a written notice, either by mail or personal service for failure to comply with any provision o.f this Ordinance, or when a permittee has had his permit suspended or revoked by the Chief Engineer, the permittee and any person or party connected with execution of the work authorized by the permit shall :be denied a grading, grubbing or stockpiling permit for such work uni:il the permittee has complied and initiated action -13- satisfactory to the Chief Engineer to comply with the provisions of this Ordinance. SECTION 3. EXCAVATION, FILLS, GRADING, GRUBBING AND STRIPPING. Sec. 3. ].. Conditions of Permit. The requirements of paragraphs (a), (b) or (c) herein may be waived by the Chief Engineer after the permittee submits an engineer's soils report substantiating data regarding the stability of the cut or fill slopes without complying with any of the requirements therein. I; a) Height. Where a cut or fill is greater than 15 feet in height, ter:races or benches shall be constructed at vertical intervals of 15 f°eet except that where only one bench is required, it shall be at the mid}point. The minimum width of such terraces or benches shall be 8 feet ar ~~s determined by the Chief Engineer, based upon the type of material encountered and shall have suitable drainage provisions to control erosion on the slope face. (b} Cut Slopes. Under the following soil conditions, no cut may be st:e:epcar in slope than the ratio of its horizontal to its vertical distance as shown below: 1/2 horizontal to 1 vertical in unweathered rock; 1-1/2 horizontal to 1 vertical in decomposed rocks or rock and soil mixture; 2 horizontal to 1 vertical in low plasticity soils. 3 horizontal to 1 vertical in high plasticity soils for cuts up to 5 feet in vertical depths. Slopes for cuts exceeding this depth shall be as recommended in the engineer's soils report. -14- (c) Fill Slopes. Under the following soil conditions, no fill may be steeper in slope than the ratio of its horizontal to its vertical distance as shown below: 1-1/2 horizontal to 1 vertical in rock and soil mixture. 2 horizontal to 1 vertical in low plasticity soils. 3 horizontal to 1 vertical in high plasticity soils for fills up to 5 feet in vertical height. Slopes for fills exceeding this height shall be as recommended in the engineer's soils report. (d) Distance from Property Line. The horizontal distance from the: top of a cut slope or the bottom of a fill slope to the adjoining property line shall be as follows: Height of Cut or Fill Distance from Pro ert Line In feet Zero feet to 4 feet 2 More than 4 feet to 8 feet 4 More than 8 feet to 15 feet 6 More than 15 feet 8 These requirements .may be modified by the Chief Engineer when cuts or fills arse supported by retaining walls, approved by the Building Department, or Cohen the permittee submits an engineer's soils report stating that the soil conditions will permit a lesser hori<ontal distances without: causing damage or danger to the adjoining property. Retaining wall of 6 feet and over shall be designed by a professional engineer when deeme~9 necessary by the Chief Engineer. Setk~ack require- ments oi' the County Zoning Ordinance is referenced herewith. State -15- Land Use Commission and County Zoning Ordinance and other agencies' requirements on shoreline improvements are referenced herewith. (e) Area Cleared. The maximum area of land that may be cleared for grading or grubbing is 20 acres. The area of land that may be cleared .may be increased or reduced by the Chief Engineer to control pollution and minimize storm damage. Additional area shall not be c:leared for grading or grubbing until measures to prevent dust or eros_Lon problems in the area already graded or grubbed have been completed. (f) Fill Materials. The fill material may consist of rock„ gravel, sand, or soil or a mixture thereof. Except for slopes, the fill shall be compacted to 90 percent of maximum density as determined bey the ASTM Soil Compaction Test D1557, as amended. The Chief Engineer shall inspect the work and may require adequate inspect:.on and ~~ompaction control substantiated by test re:~ults by an engineer qualified to prepare an engineer's soils report. These requirements mazy be modified by the Chief Engineer if the permittee submits an engineer's soils report substantiating with appropriate investigation and analysis that the required 908 compaction density may be ~_owered without causing excessive settlement, creep or stability problems. (g) Preparation of Ground Surface Before Placing Fill or Stockpi:l:ing. The natural ground surface shall be prepared by removing the vegetation and, if required by the Chief Engineer, shall be keyed by a series of benches. No fill shall be placed over any water spring, marsh, refuse dump, nor upon a soggy or springy founda- tion, provided that this requirement may be waived by the Chief Enginees~ if the permittee submits an engineer's soils report substan- tiating data regarding the safety of the fill. -16- (:h) Vegetation. Whenever feasible natural vegetation should 1>e retained. If removed, trees, timber, plants, shrubbery and other vegetation, after being uprooted, displaced, or dislodged from the ground by excavation, clearing or grubbing, shall not be stored or deposited along the banks of any stream, river, or natural water course. After being uprooted, displaced or dislodged, such vegetation shall be: disposed cf and removed from the site within a reasonable time, but not to exceed three (3) months. Exceptions providing for burial in open areas may be allowed as determined by the Chief Engineer. (i) Report after Grading. When drading in•aolves cuts or fills for which an engineer's soils report is required, the permittee shall submit a report summarizing the construction technique and inspection data as well as a statement regarding conformity to this Ordinance and the project specifications. (j) Notification of Completion. The permittee or his agent shall noti:Ey the Chief Engineer or his representative when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage structures and their protective devices have been completed and the required reports have been submitted. Sec. 3.2. Special Requirements. (a) Any person performing or causing to be performed an excavation o:r fill shall, at his own expense, provide the necessary means to prevent the movement of earth of the adjoining properties, to protect the improvements thereon, and to maintain the existing natural grade of adjoining properties. (b) Any person performing or causing to be performed, any excavation or fill shall be responsible for the maintenance or restorai:ion of ;street pavements, sidewalks and curbs, and improvements -17- of public utilities which may be affected. The maintenance or restor- ation of street pavements, sidewalks and curbs shall be performed in accordance with the requirements of the County of Hawaii ar_d the maintenance and restoration of improvements of public utilities shall be in conformity with the standards of the public utilities companies affected.. (c) Any person depositing or causing to be deposited, any silt. or othe=r debris in ditches, water courses, drainage facilities, and public roadways, shall remove such silt or other debris. In case such person sha:L1 fail, neglect or refuse to comply with the provi- sions of this section within 48 hours after written notice, served upon him, either by mail or by personal service, the Chief Engineer may proc=eed to remove the silt and other debris or to take any other action he deems appropriate. The costs incurred for any action taken by the Chief Engineer shall be payable by such person. (d) At any stage of the grading, grubbing or stock- piling work, if the Chief Engineer finds that further work as autho- rized b}~ an existing permit is likely to create soil erosion problems or to endanger an,y life, limb, or property, he may require safety precautions, which :may include but shall not be limited to the construc- tion of more gradual slopes, the construction of more gradual slopes, the con:~truction of additional silting or sediment basins, drainage facilities or benches, the removal of rocks, boulders, debris and other d<-ingerous objects which, if dislodged, are likely to cause injury or damage, the construction of fences or other suitable protec- tive barriers, the planting and sodding of slopes and bare areas and the performance of additional soil compaction. All planted or sodded areas sYiall be maintained. An irrigation system or watering facili- ties may be required by the Chief Engineer. -18- (e) At any stage of the grading, grubbing or stock- piling operations, i.f the Chief Engineer finds that further work as authorized by an existing permit is likely to create dust problems which may jeopardize health, property or the public welfare, the Chief Engineer, may require: additional dust control precautions and, if these additional precautions are not effective in controlling dust, may stop all operations. Thea e additional dust control measures may include such items as sprin}:ling water, applying mulch treated with bituminous material., or applying hydro mulch. Sec. 3.3. Drainage Provisions. (a) Adequate provisions shall be made to prevent surface zaaters frpm damaging the cut face of an excavation or the sloping surfaces of a fill. All drainage provisions shall be designed to carry surface wagers to a street, storm drain, natural water course or other area, approved by the Chief Engineer as a safe place to deposit and receive such waters. The Chief Engineer may require such draiinage struct-ures and pipes to be constructed or installed, which in his opinion, are necessary to prevent erosions damage and to satis- factorily carry off surface waters. (b) Whenever the surface of a lot is excavated or filled, positive drainage shall be provided to prevent the accumulation or retention of suri`ace water in pits, gullies, holes, or similar depression which may create a hazard or nuisance. (c) The flow of any existing and known natural under- ground dlrainage shall not be impeded or changed so as to cause damage to adjoining property. Sec. 3.4. Erosion and Sedimentation (a) All grading, grubbing and stockpiling permits and operations shall conform to the erosion and sedimentation con- trol standards and guidelines established by the Department of Public Wbrks in coni`ormity with Act 249, SLH 1974. -19- SECTION 4. VIOLATIONS AND PENALTIES: OTHER LIABILITIES. Sec. 4.1. Penalties. (a) Violations. It shall be unlawful for any person to do any act forbidden, or to fail to perform any act required, by the provisions of this Ordinance. (b) Continuing Violation. The failure to comply with the requirements set forth under the provisions of this Ordinance shall be deemed a new offense for each day of such non-compliance. (c) Penalty. Any person violating any of the provisions of this Ordinance shall, upon conviction, be punished by a fine not exceeding $500, or by imprisonment not exceeding 50 days, or by both for each offense. Sec. 4.2. Liability. The provisions of this Ordinance shall not be construed to relieve or alleviate the liability of any person for damages resulting from performing, or causing to be performed, any grading, grubbing or stockpiling operation. The Chief Engineer or any employee charged with the enforcement of this Ordinance, acting in good faith and without malice for the County in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liabilit=y for any damage that may accrue to persons or property as a result of any required act or omission in the discharge of his duties. SECTION 5. WAIVER. Sec. 5. 1. Waiver. In all applicable cases, if a permittee, supported by accompanied engineer's report, finds that strict adherence to the provisions of this Ordinance causes undue hardship or practical difficu_.ty, he m~sy seek waivers from the provisions and the Chief Engineer: may grant a waiver with conditions if he finds that the request -20- will not likely create any problems to the adjoining properties nor endanger any life or limb nor be in conflict with existing ordinances and statutes. SECTION 6. BOARD OF APPEALS. Sec. 6.1. Appeals. There sha:Ll be a board of appeals, to be known as the Grading Board of Appeals, which shall consist of five members two of whom shall be from the soil. conservation district, who shall be appointed by the Mayor with the approval of the Council in the manner prescribed in Section 13-4 of thEa Hawaii County Charter. The Grading Board of Appeals shall be administratively connected with the Department of Public Works. The Grading Board of Appeals shall hear and determine appeals from the actions of the Chief Engineer in the administration of this Ordinance. An appeal shall. be sustained only if the Board finds that the action of the Chief Engineer was based on an erroneous finding of a material fact or that the Ckiief Engineer had acted in an arbitrary or capricious manner or had m.anii`estly abused his discretion. SECTION 7. SF:VERABILITY. If any portion of this chapter, or its application to any person or circumstance, shall be held unconstitu- tional or invalid, the remainder of the chapter and the application of such portion to otrier persons or circumstances shall not be affected thereby. SECTION 8. This Ordinance shall take effect 45 days after its adoption . INTRODUCED BY: Hilo, Hawaii nci an, Coun y o await Date of Introduction: July 23, 1975 Date of Adoption: November 5, 1975 Effective Date: Deg^ember 20, 1975 -21- ORDIN.ANCF. NO. 16P Bill Nn. 146-1.975) AN ORDIN4NCE AMSNDITfG THF: HAWAII COUNTY CODE BY ADDING CHAP'PF.R 1$ THEREOF, RELATING TO EXCAVATION FILLS, GRADING, GRUBBING, STOCK- PILING AND EROSION P,ND SF.DIMF.NTATION CONTROL . Da+P ?nr,rnvna; Nnv~mhPr s 175 D:.tP '?frr•••tivo: Ile!`nrr~her Vin' 195 !'nTli e= ~,f th° i"h"eR<1]n!~ flrr~l nanr-a 7n fU 1.1 ar° nn flln in the nffi--n of thn County C7!`rk for uGe and ~xaminati.nn by the ouhl~~. I herel?v .^er+ii"y that th.p fnre~7oing Ordinance r,acspd SP!'nnci and final readirc* ar the meeting of the County Cnunril nn Novamher s, 1.Q''~, h~.~ the• follc±wirO ave and no vote: AYES: 'bunr•ilmen. Fu~ii, Hig,gnka, Kawahara, Lai, Tevin and "a~ia0 - 6 N~R~: ~'hair>^ar Yama~? - 1. n.RSF.NT iNT1 EXCLJSr?n: r nun~i 1m~n Car}>nnter any De i uz - 2. ~~ COUNTY CLERK ''OLTNTY OF HAWA7T Hilo, Hawaii Date: r..i., oo ia~c FIRST READING AYES NOES A/E Carpenter X De Luz X I Fujii X Hisaoka X Kawahara X Lai X Levin X Yadao ]{ Yamada _ g __ _ Publication Date: Kailua-Kona, Hawaii Date: Novemht r 5 1975 SECOND 8 FINAL READIN AYES NOES A/E Carpenter y De Luz X Fujii }{ Hisaoka X Kawahara X (W/ ) Lai Lavin X X Yadao Yamada X X 6 __ ] 7 NOV 2 1 Publication Date: -.. _.._- We do hereby certify thaT the foregoing BILL was adopted by the County Council and published as indicated above. i__ _ _ __ Council Chairman i i. ~~ ~~ ~~ County Clerk Bill No. 146 Reference: C-).414.) 0/PWC-63 M.B. No. __ --_ -- Ord. No. - _ JJ / ~; Approved/9.icaryrreved this_ 1. L.- ___day of r ~~F\,0. ~~(~~ \L O ~\ ~~L'" • 'gym. Ml x; s~4~~ Ted T. $UeuKi a°7777 Robert Ohio I ;F~F. CC7!,q.(TY CL[RK ? -H ~' DEPUTI' COUNII'~ CL[RK Q~FIC6: dr THE GC1UtdTY C:'L.EC~d{L COUNN ^P FtAWAII IiiLO, HAWAII 9G72^ Mayor Herbert T. Matayoshi County of Haawai_. Hilo, Hawaii I hereby transmit Ordinance Fill No. 146 passed kay the County Council on second ar.d fir.al_ reading. COUNTY CLERK Encl. Nov 1 ~ t975 IDated: BILL NO. 7$g ~~_ COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO, ry.~n AN ORDINANCE AMENDING ARTICLE 1, CHAPTER 18 HAWAII COUNTY CODE, RELATING TO THE BOARD OF . OF THE BE IT ORDAINED BY THE COUNCIL OF APPEALS. THE COUNTY OF HAWAII: SECTION 1. Section 6.1, Article 1, Chapter 18, of the Hawaii County Code is amended to read as follows: "Sec. 6.1. A eals. [There shall be a board of appeals, to be known as the Grading board of Appeals, which shall consist of five members two of whom shall be from the soil conservation district, who shall be appointed by the Mayor with th aPProval of the Council in the manner e Section 13-9 of Prescribed in the Hawaii County Charter. The Grading Board of Appeals shall be administratively connected with the Department of Public Works. The Gzading Board of ~ APPeals shall hear and determine appeals from the actions of the Chief Engineer in the administration of this Ordinance. 7~ An appE=a1 :;hall be sustained only if the Board ' the action o finds that f the Chief Engineer was based on an erroneous finding of a~material fact or that the Chief Engineer had acted in an arbitrary or capricious manner or had manifestly abused his discretion."] - - ~=~~sion of the Chief ineer in the administrati on or application of this ter, may, within thirty davs after th e Chief En ineer' isionLa~~eal the decis' ion to the Rna r.~ - °°ls• The ' firm the decision of the Chief INTRODUCED BY: decis_ inn is " e n if th (1_ )_ ?n violatio^ of this chapter or *r. licab law• or "(2) Clearly erroneous in view of the reliable robative, and substantial evidence on the whole record; "(3) Arbitrar or ca ricious, or characterized b a abuse of discretion or clearl unwarranted exercise of discretion. "The Board of A eals shall ado t rules ursuant to Chapter 91, Hawaii Revised Statutes necessar for ' the purpose:; of this section." SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 3. In the event any portion of this ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. .. SECTION 4. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of introduction: Date of Adoption: Effective Date: October 28, 1481 November 4, 1981 November 17, 1981 -2- t ~ .,fy BILL NO. 146 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMEND:CNG THE HAWAII COUNTY CODE BY ADDING CHAPTER 1 FILLS, GRADING, GRUBBING, STOCK- THEREOF, REI'F'YING 'PO EXCAVATION, PILING AND EROSION AND SEDIMENTATION CONTROL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: ARTICLE 1. SECTION 1. <;ENERAL PROVISIONS. Sec. 1..1. Pur ose. The purpose of this Ordinance is to provide standards to safeguard property, control erosion and sedimentation and to promote the public welfare by regulating and controlling excava- tions, fills, grading, grubbing and stockpiling operations within the County of Hawaii. Sec. 1.2. Defin_ ins' Wherever used in this Ordinance, the following words shall have the meaning indicated: ~~ (a) "Chief Engineer shall mean the Chief Engineer, Department of Public Works, County of Hawaii, or his duly authorized representative. ineer (b) ~~Engineer" shall mean a professional eng (civil. or structural) registered in the State of Hawaii. ~. (c) "Engineer's soils report shall mean a report on soils condii:ions prepared by an engineer experienced in the practice of soils mechanics and foundations engineering. " or "borrow" shall mean (d) "Excavation," "cut any act by which soil, sand, gravel, rock or any similar material is cut into, dug, uncovered, removed, displaced, relocated or bulldozed. S1:ate Land Use Commission and County Toning and other agencies' regulations on shoreline improvements are made a part hereof by deference. (e) "Fill" shall mean any act by which soil, sand, gravel, rock ox~<sn.~ other material is deposited, placed, pushed, dumped, pulled, tr~~nsported, or moved to a new location. State Land Use Commission and County Zoning and other agencies' regula- tions on shoreline improvements are made a part hereof by reference. (f) "Grading" shall mean any excavation or fill or any combination thereof. (g) "Grubbing" shall mean any act by whicYi vegeta- tion, including trees, timber, shrubbery and plants, is removed, dislodged, uprooted or cleared from the surface of the ground. (h) "Overburden" shall mean material overlaying useful geological material. (i) "Permittee" shall mean the person or party to whom the permit, is issued and shall include but not be limited to the property owner, his lessee, developer, agent, or attorney in fact. (j) "Stockpiling" shall mean the temporary storage of soil, sand, gr~~vel, rock, or other similar material in excess of 500 cubic yard:; upon any premises for the purpose of using the material as fi1:L material at some future time. (k) "Land Surveyor" shall mean a person duly registered as <~ professional land surveyor in the State of Hawaii. Sec. :L.3. Hazardous Conditions. Whenever the Chief Engineer determines that any existing excavation, fill, grubbing or stockpiling has become a hazard to property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation, fill, grubbing or stockpiling is located, or other person or agent in control of said property, upon receipt - 2 - of notice in writing from the Chief Engineer shall within the period specified therein repair or eliminate the hazard and be in conformance with the requirements of this Ordinance. The Chief Engineer or his authorizead representatives are hereby authorized to enter any prop- erty to determine or to enforce the provisions stated herein. Sec. 1.4. Exclusions, This Ordinance shall not apply to the following: (a) Mining or quarrying operations regulated by other County Ordinances or agencies. (b) Grading within the building lines for basements and footings of a building, retaining wall, or other structure, authorized by a valid building permit, (c) Grading and grubbing on individual cemetery plots. (d) Sanitary filling and operation of rubbish dumps. (e) Agricultural operations, including ranching incidentesl to or in conjunction with crop or livestock production and all other operations that are in conformance with soil conser- vation practices acceptable to the applicable soil and water con- servation district directors and are in accordance with an actively pursued comprehensive conservation program, providing: (1) Such operations do not alter the general and localized drainage patterns with respect to abutting properties. (2) A conservation program for the affected properties acceptable to and approved by the applicable soil and water conservation district directors is filed with the Soil Conser- vation District. (3) The conservation program, with appropriate modifications is reviewed and re-approved by the soil and water - 3 - conserva+tion district directors periodically but not less than five years. (f) Excavation which does not alter the general drainage pattern with respect to abutting properties, which does not exceed 100 cubic yards of material on any one site, and does not exceed 5 feet in vertical height at its highest point; provided that the cut meets the cut slopes and the distance from property lines requirements i.n Section 3.1. (g) Fill which does not alter the general drainage pattern with respect. to abutting properties, which does not exceed 100 cubic yards of material on any one site and does not exceed 5 feet i:n vertical. depth at its deepest point, provided that the fill meets the fill slopes and distance from property lines requirements in Section 3.1. (h) Grubbing which does not alter the general and localized drainage pattern with respect to abutting properties and does not exceed a total area of one acre. f,i) Dredging operations carried on by or for a public agency. {j) Grading, grubbing or stockpiling work specifically regulated by the County Subdivision Ordinance done in conjunction with the construction of subdivisions approved by the County Planning Department. (kj Exploratory excavations not to exceed 50 cubic yards under the direction of an engineer for the purpose of subsurface investigation provided that these excavations will be filled in if required. by the Chief Engineer and provided that the Chief Engineer has beer.. advised in writing prior to the start of such excavation. - 4 - SECTION 2. PEI2MIT5; INSPECTION. Sec. 2.1. Permits. Except as excluded in Section 1.4 of this Ordinance: (a) No grading work shall be commenced or performed without a grading permit. (b) No grubbing work shall be commenced or performed without a grubbing }>ermit except where grubbing concerns land for which a grading permit has been issued. (c} No stockpiling work shall be commenced or performed without. a stockpiling permit. Sec. 2.'l.. Application for Permits. (a) An applicant for a grading, grubbing, or stock- piling permit shall first file an application on a form furnished by the Department. of Public Works, County of Hawaii. Each applica- tion shall: (1) Describe by tax key or street address of the land on which the proposed work is to be done. (2) State the estimated dates for the starting and completion of the proposed work. (3) Show the name of the permittee and/or owner who shall be respon,>ible for the work to be performed by himself, his contractors and/or employees and for requesting the inspections required herein. (bl Each application for a grading permit shall also be accompanied by plans and specifications, including: (1) For all areas a) A vicinity sketch or other data adequately indicating the site location. b) Boundary lines of the property on which the work. is to be performed. - 5 - c) Location of any buildings or structures on the property whex•e the work is to be performed and location of any buil~9ing or structure on land of adjacent property which is within 15 feet of tYie property to be graded when the grading may affect the building:; or structures. d) Contours showing the topography of the existing ground and extending 5 feet into adjacent property when required by they Chief Engineer. The scale and contour are to be appropriate to tYie work in question. e) Elevations, dimensions, location, extent and the slopEas of all proposed grading shown by contours and other means. f) The area in square feet of the land to be graded and the quantities of excavation and fill involved. Show separately quantities for excavation within and outside of building lines. g) Any additional plans, drawings, or calculations required by the Chief Engineer. (2) For grading of areas of more than 15,000 square feet, a contour map prepared by an engineer or land surveyor and approved by the Chief Engineer and showing the contours and elevations of the land before and after the completion of the proposed grading. This map shall include location of existing large trees and definable rock outcroppings, lava tubes, detailed plans of all drainage devices, including bank protection, walls, cribbing, dams, silting or sediment basins, landscaping, screen planting, ero- sion control planting or other protective devices to be constructed in connection with, or as a part of the proposed work, together with a map showing tYie drainage area and estimated runoff of the area served by any drains. - 6 - (3) Where a proposed cut or fill is greater than 15 feet in height; or on land with slopes exceeding 15 per cent in an area witki adobe or expansion soil; or when grading includes fill inten~ked for future construction of buildings; or when any fill is to be placed over a swamp, pond, gully or lake; the permittee shall submit an engineer's soils report which shall include data regard~ng the nature, distribution and strength of existing soils and substantiating data from an engineer regarding the safety of the proposed grading, the fill and the material to be used, and descr.ik~ing the cut sections by showing the height, cut slope, benches, and material composing the cut bank. (c) An applicant for a grubbing permit shall furnish a plot plan showing the location, the property boundaries, and any other information. as may be required by the Chief Engineer. Grubbing or land clearing by bulldozer for the purpose of making topographic survey shall not be permitted without an authorized grubbing permit. Cutting or bulldozing of trails for survey lines and access for soil exploratior.~ equipment will be permitted. (d) An applicant for a stockpiling permit shall furnish a plot plan showing the property lines and the location of the proposed stockpile, quantities, height of stockpile, life of stockpile, source of the material to be stockpiled and furnish any other information a:> may be required by the Chief Engineer to control the creation of dust, drainage or sedimentation problems. The plot plan for stockpiling shall be approved by the Chief. Engineer. (el If no action (approval, disapproval, deferral or modification) is taken by the Chief Engineer within 30 days after submittal of the' :in:itial request the permit shall be deemed approved. Sec. 2.3. Permit Limitations. (a) The issuance of a grading permit shall constitute 7 - an authorization to do only that work which is described on the permit a;zd on the plans and specifications approved by the Chief Engineer. (b) Jurisdiction of Other Agencies. Permits issued. under the requirements of this Ordinance shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated key any other code, department or division of the governing agency. (c) Conditions of Approval. In granting any permit under this Ordinance, the Chief Engineer may attach such conditions as may bps reasonable necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be Limited to: (1) Improvement of any existing grading to bring it up to the :standards of this Ordinance. (2) Requirements for fencing of excavations or fills which otherFri;;e would be hazardous. (3) Screen planting, landscaping, erosion control planting, or other treatments to maintain good appearance of graded area and reduce the detrimental impact on adjacent properties of the community. (4) Cleaning up the area. (5) Days and hours of operation. Sec. 2.9. Permit Fees. (al Before issuing a grading permit, the Chief Engineer shall collect a permit fee for grading on the same site based on the volume of excavat:io;z or fill, whichever is greater, according to the following schedule: - 8 - Volume of Material 0 - 100 cubic yards 101 - 1,000 cubic yards 1,001 - 10,00[1 cubic yards 10,001 cubic yards or more Permit Fee $2,00 $2.00 for the first 100 cubic yards plus $2.00 for each addi- tional 200 cubic yards or fraction thereof. $20.00 for the first 1,000 cubic yards plus $2.00 for each addi- tional 1,000 cubic yards or frac- tion thereof. $38.00 for the first 10,000 cubic yards plus $1.00 per 1,000 cubic yards or fraction thereof. (b) Before issuing a grubbing permit, the Chief Engineer shall collect a pex-mi.t fee of $2.00 for grubbing in excess of one acre, plus $1.00 for each additional 5 acres or fraction thereof. (c) Before issuing a stockpiling permit the Chief Engineer shall collet:t a permit fee of $2.00 for stockpiling in excess of the first `.i00 cubic yards plus $1.00 for each additional 1,000 cubic yards or fraction thereof. (d) Where work for which a permit is required by this Ordinance is start.e~d or proceeded prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not rel.i.evf=_ any person from fully complying with the require- ments of this Ordi.na~ice in the execution of the work nor from any other penalties prescriY~ed herein. (e) when grading, grubbing or stockpiling is performed by or on behalf of` the County, State or Federal Government, the Chief Engineer shall waive the collection of any permit fee required in subsections (a), (b), and (c) above. f,f) All permit fees shall be deposited in the General Fund. - 9 - Sec. 2.5. Expiration of Permits. (a) Every grading or grubbing permit shall expire and become null and void unless the work permitted herein is started within 90 days after the <iate of issuance or within 90 days after the completion date specified thereon but not later than one year after the date of issuance. Extension of time may be granted if, in the judgment of the Chief Engineer, t:Yie work authorized under the permit would not be exceeded. In such cases, no additional fee will be imposed. I;b) Every stockpiling permit shall expire and become null and void one: ye+~r after the date of issuance material temporar9.:1y stored on the premises shall premises or used on the premises as fill material for fill prior to the expiration date. Extension if, in tY:.e judgment of the Chief Engineer, the wo the permit would riot be exceeded. In such cases, will be imposed. Sec. 2,Ei. Denial of Permit. and all stockpiled be removed from the under a grading permit of time may be granted rk authorized under no additional fee (a) If the Chief Engineer finds that the work as proposed by the applicant is likely to endanger any property or public wa.y or structure or endanger the public health or welfare, he shall deny the grading, grubbing or stockpiling permit. Factors to be considered in determining probability of hazardous conditions shall include, but not k>e Limited to, possible saturation of the ground by rains, earth movements, geological or flood hazards, undesirable surface water runoff, sub-surface conditions such as the stratification and faulting of rock, nature and type of soil or rock. Failure of the Chief Engineer to observe or recognize hazardous conditions or his failure t:o deny the grading, grubbing or stockpiling permit shall not relieve the permittee or his agent from being responsible, or cause - 10 - the County, its offi<:ers or agents, to be held responsible for the conditions or damages resulting therefrom. Sec. 2.7. Suspension or Revocation of Permit. (a) The Chief Engineer may, in writing, suspend or revoke a permit 1sSUE?d under the provisions of this Ordinance whenever the permit has been issued on the basis of incorrect or insufficient information supplied by the permittee; whenever the grading, grubbing or stockpiling is not: being performed in accordance with the terms and provisions of the permit; or whenever the grading, grubbing or stockpiling disclcse:~ objectionable or unsafe conditions. (b) When a permit has been suspended or revoked, the permittee may submit detailed plans and proposals for compliance with the provisions of` th:Ls Ordinance and for correcting the objectionable or unsafe conditions. Upon approval of such plans and proposals by the Chief Engineer, ]ie may authorize the permittee in writing, to pro- ceed with the work. Sec. 2.8. Right of County to Perform Work and to Recover Costs Thereof. f,a) In the event that the permittee shall fail (1) to comply with all t:he terms and conditions of the permit to the satis- faction of the Ckxief Engineer; or (2) to complete all of the work authorized under the permit within the time limit specified in the permit; or (3) to comply with all special precautions enumerated in Section ~'~.2 and with all the requirements of the Chief Engineer pursuant to Section 3.2; or (4) fail to proceed under Section 2.7(b); within 30 days aftear a permittee has been served with written notice thereof, either by mail or personal service, the County Council may order the permittee' to be prosecuted as a violator of the provisions of this Ordinances and may order the Chief Engineer to proceed with the work - 11 - specified in such notice. A statement of the cost of such work shall be transmitted to the County Council who shall cause the same to be paid. Such cost shall be charged to the permittee or owner or both of the premises involvedl. 'Che County of Hawaii may enforce payment of such cost in any mannex• provided by law, including proceedings under Chapter 507, Part II, Hawaii Revised Statutes. For the purposes of the operation of Part: II of Chapter 507 of the Hawaii Revised Statutes, the permittee shall ]~e deemed to come within the definition of "owner" as defined i~7 said chapter; the County of Hawaii shall be deemed tc come within the definition of "general contractor" as defined in said :sect:ion and the execution of work specified in the notice shall be deem.=_d a contract between the permittee and the County of Hawaii, Sec. 2.9. Construction Prohibited Without Certificate. No constru~~tion of any structure upon the premises involved shall be permitted until and unless the Chief Engineer has issued a certificate showi.rig that the grading, grubbing or stockpiling work has been completed to his satisfaction; the Chief Engineer's determina- tion shall be issued within 14 days after the date of inspection; and if the work has been performed by the County pursuant to Section 2.8, until and. unless the applicant therefor shows that the charges for the work performed b;y the County of Hawaii have been paid. Sec. 2,.10. Inspection. {a) Each permit issued under this Ordinance shall be deemed to include: the right of the Chief Engineer or his authorized representatives i.o enter upon and to inspect the grading, grubbing or stockpiling operations. (b) The permittee shall notify the Chief Engineer at least two days before the permittee or his agent begins any grading, - 12 - grubbing or stockpi.li.ng. A copy of the permit, approved plans and specifications for gx•ading, grubbing or stockpiling shall be maintained at the site during tYie progress of any work. Where it is found by inspection that the' esoil or other conditions are not the same as stated or shown in tYie application for grading, grubbing or stock- piling permit, the Chief Engineer may stop the grading, grubbing or stockpiling until reprised plans, based upon the existing conditions, are submitted by the permittee and approved by the Chief Engineer. Approval or disappro~ral of applicant's revised plan shall be made within 14 days from date of receipt by the Chief Engineer. (c) If the Chief Engineer or his representative finds that the work is r.~ot being done in conformance with this Ordinance; or the plans approved by the Chief Engineer, or in accordance with accepted practices, ]ie shall immediately notify the person in charge of the grading work of the non-conformity and immediately notify the responsiYle party of the corrective measures to be taken. Grading operations shall cease until corrective measures satisfactory to the Chief Engineer have been taken. {d) When a permittee has been served with a written notice, either by mail or personal service for failure to comply with any provision of this Ordinance, or when a permittee has had. his permit suspended or revo}:ed by the Chief Engineer, the permittee and any person or party connected with execution of the work authorized by the permit shall be 3enied a grading, grubbing or stockpiling permit for such work until the permittee has complied and initiated action satisfactory to the Chief Engineer to comply with the provisions of this Ord~_nance. SECTION 3. EXCAVATION, FILLS, GRADING, GRUBBING AND STRIPPING. Sec. 3.1. Conditions of Permit. The requirements of paragraphs (a), (b) or (c) herein may be - 13 - waived by the Chief ECngineer after the permittee submits an engineer's soils report substantiating data regarding the stability of the fill slopes without complg~ing with any of the requirements therein. (a) Height. Where a cut or fill is greater than 15 feet in height, terraces or benches shall be constructed at vertical intervals of 15 feet except that where only one bench is required, it shall be at the midpoint. The minimum width of such terraces or benches shall be determined key the Chief Engineer, based upon the type of material encountered and shall have suitable drainage provisions to control erosion on the slope face. (b) Cut Slopes. Under the following soil conditions, no cut may be steeper in slope than the ratio of its horizontal to its vertical distance' as shown below: 1/2 horizontal to 1 vertical in rock or mudrock; 1 horizontal to 1 vertical in decomposed rocks or rock and soil mixture; 1-1/2 horizontal to 1 vertical in sandy and clayey soils. (c) Fill Slopes. Under the following soil conditions, no fill may be steepa~r in slope than the ratio of its horizontal to its vertical distancf, as shown below: 1-1/2 horizontal to 1 vertical in rock and clay mixture. 2 horizontal to 1 vertical in sandy and clayey soils. I',d) Distance from Property Line. The horizontal distance from the top of ai cut slope or the bottom of a fill slope to the adjoining property lane shall be as follows: - 14 - Height of C'ut or Fill Z~=_ro feet t.o 4 feet More than 4 feet to 8 feet More than 8 feet to 15 feet More than 1.5 feet Distance from Pro ert Line In eet 2 4 6 8 These requirements may be modified by the Chief Engineer when cuts or fills are supported t,y retaining walls, approved by the Building Department, or whey. the permittee submits an engineer's soils report stating ghat the soil. conditions will permit a lesser horizontal distance without cau:~ing damage or danger to the adjoining property. Retaining wall of 6 feet and over shall be designed by a professional engineer when deemed necessary by the Chief Engineer. Setback require- ments of the County Zoning Ordinance is referenced herewith. State Land Use Commission and County Zoning Ordinance and other agencies' requirements on shoreline improvements are referenced herewith. (e) Area Opened. The maximum area of land that may be opened for grading or grubbing is 20 acres. The area of land that may be opened may k~e increased or reduced by the Chief Engineer to control pollution and minimize storm damage. Additional area shall not be opened for gr~iding or grubbing until measures to prevent dust or erosion problems in the area already graded or grubbed have been completed. (i°) Fill Materials. The fill material may consist of rock, gravel, sand, or soil or a mixture thereof. Except for slopes, the fill shall be compacted to 90 percent of maximum density as determined by the ASTM Soil Compaction Test D1557, as amended. The Chief Engineer shall inspect the work and may require adequate inspection and compaction control substantiated by test results by an engineer quali.fie<i to prepare an engineer's soils report. These - 15 - requirements may be modified by the Chief Engineer if the permittee submits an engineer's; soils report substantiating with appropriate investigation and analysis that the required 908 compaction density may be lowered without causing excessive settlement, creep or stability problems. (c) Preparation of Ground Surface Before Placing Fill or Stockpiling. The natural ground surface shall be prepared by removing the vegetation and, if required by the Chief Engineer, shall be notched by a series of benches. No fill shall be placed over any water spring, marsh, refuse dump, nor upon a soggy or springy founda- tion, provided that this requirement may be waived by the Chief Engineer if the permittee submits an engineer's soils report substan- tiating data regarding the safety of the fill. (h) Vegetation. Whenever feasible natural vegetation should be retained. If removed, trees, timber, plants, shrubbery and ..other vegetation, after being uprooted, displaced, or dislodged from the ground by excac•at:ion, clearing or grubbing, shall not be stored or deposited along tYie banks of any stream, river, or natural water course. .After being uprooted, displaced or dislodged, such vegetation shall be disposed of and removed from the site within a reasonable time, but not to exceed three (3) months. Rxceptions providing for burial in open areas may be allowed as determined by the Chief Engineer. (i) Notification of Completion. The permittee or his agent shall notify ttie Chief Engineer or his representative when the grading operation i.s ready for final inspection. Final approval shall not be given until a]_1 work including installation of all drainage structures and their protective devices have been completed and the required reports have been submitted. (~) Report After Grading. When grading involves cuts or fills for which a.n a:igineer's soils report is required, the permittee - 16 - shall submit a certification that the work was done in conformity to this Ordinance and tb.e engineer's soils report. Sec. 3.2. Special Requirements. (a) Any person performing or causing to be performed an excavation or fill shall, at his own expense, provide the necessary means to prevent the movement of earth of the adjoining properties, to protect the improvements thereon, and to maintain the existing natural grade of adjoining properties. (b) Any person performing or causing to be performed, any excavation or fill shall be responsible for the maintenance or restoration of street. pavements, sidewalks and curbs, and improvements of public utilities which may be affected. The maintenance or restor- ation of street pavements, sidewalks and curbs shall be performed in accordance with the requirements of the County of Hawaii and the maintenance and restoration of improvements of public utilities shall be in conformity wi.tYi the standards of the public utilities companies affected. (c) Any person depositing or causing to be deposited, any silt or other dek,ris in ditches, water courses, drainage facilities, and public roadways, shall remove such silt or other debris. In case such person shall f`ai.l, neglect or refuse to comply with the provi- sions of this secti.or~ within 48 hours after written notice, served upon him, either by mail or by personal service, the Chief Engineer may proceed to remove the silt and other debris or to take any other action he deems appropriate. The costs incurred for any action taken by the Chief Engineer- shall be payable by such person. (d) At any stage of the grading, grubbing or stock- piling work, if the Chief Engineer finds that further work as autho- rized by an existing permit is likely to create soil erosion problems - 17 - or to endanger any life, limb, or property, he may require safety precautions, whit:h may include but shall not be limited to the construc- tion of more gx•adu~il slopes, the construction of additional silting or sediment basixis, drainage facilities or benches, the removal of rocks, boulders, debris and other dangerous objects which, if dislodged, a.re :Likely to cause injury or damage, the construction of fences or other suitable protective barriers, the planting and sodding of sloF~es and bare areas and the performance of additional soil compaction. 1111 planted or sodded areas shall be maintained. An irrigation syste>_m or watering facilities may be required by the Chief Engineer. (e) At any stage of the grading, grubbing or stock- piling operations, if the Chief Engineer finds that further work as authorized by an e:cisting permit is likely to create dust problems which may jeopaz<iize health, property or the public welfare, the Chief Engineer may require additional dust control precautions and, if these additional precautions are not effective in controlling dust, may stop all operations. These additional dust control measures may include such items as spri~ikling water, applying mulch treated with bituminous material, or apply:ina hydro mulch. Sec. 3.3. Drainage Provisions. (a) Adequate provisions shall be made to prevent surface waters from damaging the cut face of an excavation or the sloping surfaces of a fill. All drainage provisions shall be designed to carry surface w~xters to a street, storm drain, natural water course or other- area, approved by the Chief Engineer as a safe place to deposit and receive such waters. The Chief Engineer may require such drainage stru~~tures and pipes to be constructed or installed, which in his opinion, are=_ necessary to prevent erosions damage and to satis- factorily carry off surface waters. - 18 - (',b) Whenever the surface of a lot is excavated or filled, positive drainage shall be provided to prevent the accumulation or retention of surface water in pits, gullies, holes, or similar depression which may create a hazard or nuisance. 1'c) The flow of any existing and known natural under- ground drainage sha1:L not be impeded or changed so as to cause damage to adjoining property. Sec. 3.4. Erosion and Sedimentation I:a) All grading, grubbing and stockpiling permits and operations sha:Ll conform to the erosion and sedimentation con- trol standards and guidelines established by the Department of Public Works in conformity with Act 249, SLH 1974. SECTION 4. VIOLATIONS AND PENALTIES: OTHER LIABILITIFS. Sec. 4.1. Penalties. I;a) Violations. It shall be unlawful for any person to do any act fox~b:idden, or to fail to perform any act required, by the provisions oi` this Ordinance. (b) Continuing violation. The failure to comply. with the requirements set forth under the provisions of this Ordinance shall be deemed. a new offense for each day of such non-compliance. {c) Penalty. Any person violating any of the provisions of this Ordinance shall, upon conviction, be punished by a fine not exceeding $500, or b,y imprisonment not exceeding 50 days, or by both for each offense. Sec. 4.2. Liability. The pro~risions of this Ordinance shall not be construed to relieve or alleviate the liability of any person for damages resulting from performing, or causing to be performed, any grading, grubbing or stockpiling operation. The Chief Engineer or any employee charged with - 19 - the enforclement of this Ordinance, acting in good faith and without malice for the Cd,unty in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability'',for any damage that may accrue to persons or property as a result of ,any required act or omission in the discharge of his duties. SECTION 5. WAIVER. 'Sec. 5.1. Waiver. IIn all applicable cases, if a permittee, supported by accompani~'d engineer':s report, finds that strict adherence to the provisionq of this Ordinance causes undue hardship or practical difficulty, he may seek waivers from the provisions and the Chief Engineer njay grant a waiver with conditions if he finds that the request will not likely create any problems to the adjoining properties nor endanger any life or :Limb nor be in conflict with existing ordinances and statues. SECTION 6. BOARD OF APPEALS. 'Sec. 6.1. Appeals. (There shall be a board of appeals, to be known as the Grading Board of P~ppeals, which shall consist of five members two of whom shall be from tYje soil conservation district, who shall be appointed by the Mayor witY~ the approval of the Council in the manner prescribed in Section 1~-4 of the Hawaii County Charter. The Grading Board of Appeals shall be administratively connected with the Department of Public Works. The Grading Board of .Appeals shall hear and determine appeals from the actions oil the Chief Engineer in the administration of this Ordinance. An appeal shall be sustained only if the Board finds that the action of the Chef Engineer was based on an erroneous finding of a material fact or that the Chief Engineer had acted in an arbitrary or capricious manner orl,had manifestly abused his discretion. - 20 - SECTION 7. SE;VE:RABILITY. If any portion of this chapter, or its application to any person or circumstance, shall be held unconstitu- tional or invalid, tYie remainder of the chapter and the application of such portion to otY~ex~ persons or circumstances shall not be affected thereby. SECTION 8. This Ordinance shall take effect 30 days after its adoption. INTRODUCED BY: ~ /+~ n lman, Coun o Hawaii Hilo, Hawaii Date of Introductien: July 23, 1975 Date of Adoption: - 21 - T10'tICE OF PUBLIC HEARItdG Proposed Bill for an Ordinance iQo. 146 (Grading Ordinance) idotice is hereby given that the Public Works Committee of thc; iiawaii County Council will hold a public hearint; on Tuesdz-y, September 16, 1975, at 7 p.m. in tine Councilroon, liawai' County Building, Hilo, Iiawaii, conceniinp; the proposed bill i`or an ordinance ido. 146 relating to excavation, fills, Uradiag, gruboin~„ atockpilizi and erosion. and sedimentation control. c;o}~ies of the proposed i,ill may be obtained from t:~e: Office of then County Clerk, iiawaii County Buildinc, 25 aupuni Street, Hilo, iiawaii. All persons desiring to express their views on this ~aatter may do so orally or in writing; at the Fublic bearing. rated ar_ dilo, iiawaii, this St?.z day o~ September, 1:175. (ans.) Josephine I2• adao IF,?~SA~+, Pl?BLIC ~«J4FS~ COI~IMITTEr (Hawaii Tribune-i:erald: September 11, 14 and 16, 1975) NOTICE OF PUBLIC HEARING Proposed Bill for an Ordinance No. 146 (Grading Ordinance) Pdotice is hereby given that the Public Works Committee of thc: Hawaii County Council will hold a public hearing nn Tuesday, September 16, 1975, at 7 p.m. in the Councilroom, Hawai:L County Building, Hilo, Hawaii, concerning the proposed bill ]Eor an ordinance No. 146 relating to excavation, fills, grading, grubbing, stockpiling and erosion and sedimentation control. Copies of the proposed bill may be obtained from the Office of thc: County Clerk, Hawaii County Building, 25 Aupuni Street, Hilo, Hawaii. All persons desiring to express their views on this matter may do so orally or in writing at the Public Hearing. Dated at Hilo, Hawaii, this 8th day of Segpt~ember, 1975. ~`'i~~ /" (Mrs.) Josephine Yadao CHAIRMAN, PUBLIC WORKS COMMITTEE (Hawaii Tribune-Herald: September 11, 14 and 16, 1975) Bill No. 146 - 1975 AN ORDINANCE AMENDING THE HAWAII COUNTY CODE BY ADDING CHAPTER 17 THEREOF, RELATING TO EXCAVATION, FILLS, GRADING, GRUBBING, STOCK- PILING AND EROSION APdD SEDIMENTATION CONTROL. This Bill amends the Hawaii County Code by adding Chapter 17 thereof, relating to excavation, fills, grading, grubbing, stockpiling and erosion and sedimentation control. Date Introduced: July 23, 1975 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk iEor use and examination by the public. I hereby certify 1that the foregoing Bill passed first reading at the meeting of the County Council on July 23, 1975, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Levin, Yadao and Chairman Yamada - 9. NOES: None. ~~~ COUNTY CLERK COUNTY OF HAWAII Y ~ N ~ v.~` OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO. HAWAII 96740 July 23, 1975 Refer: Bill 146 To: SECf?ETIIRY TO COUNCIL COMNLITTf~S Re: Bill 111E -Proposed Grading Ordinance The following is the action of the Hawaii County Council adopted at its meeting held- today , Adopt Bill 146 on first reading and refer back to Public Works Col»mittee. O'er COtiNTY CLERK i BILL N0. 8~`) ~ l.~r tii~n~t COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN QRDINANCE RELA'CING TO EXCAVATION, FILLS, GRADING, GRABBING, STOCK- PIL'1NG AND STRIPPING. BE TT ORDAINED 'BY THE COUNCIL OF THE COUNTY CF HAWAII: SECTION 1. Genera]. Provisions. Src. 1.1. ]?urPose. The pur~?ose of this Chapter is to provide minimum requirements to safeguard life and limb, protect property. control erosion and promote public welfare by regulating and controlling excavation, fills, grading, grubbing, stockpiling and stripping operations within the County. Sec. 1.2. Definitions. Wherever used in this Chapter the following words shall have the meaning indicated: (a) "Chief Engineer" shall mean the Chief Engineer, Department of Public Works, County of Hawaii, or his duly authorized representative. (b) "Engineer" shall. mean a professional engineer (civil) registered in the State of Hawaii. (c) "Engineer's soils report" shall reean a report on soils condi- tions prepared by an engineer experienced in and who is primarily engaged in the practice of soils mechanics and foundations engineering. (d) "Excavation", "cut'' or "borrow" shall mean any act by which soil, sand, (;ravel.. rock or any similar material is cut into, dug, uncovered, removed, displaced., relocated or bulldozed. State Land Use Commission and County Zoning and other Agencies' regulations on shoreline improvements are referenced herewith. (e) "Fill" shall mean any act }y which soil.. sand, lira~.~el, rock or any otl-.e.r material. is deposited placed pushed, durcped, ~~ulled, transportr~d, or roved to a new location. State Land Llsc:~ Commission a.nd Count~~ Zoning and other Agencies' re g~.~lations on shoreline ir-prove- meats are. referenced her~~wiCh, (f) 'Grading" shall mean any excavation or fi.li or any cor,linatior: thereof. (g) ''Grubbing" shall mean any act M1y which vegetation, including trees, ti.m.}:.cr, shr~.iL?~cry and plants, is removed. dislodged, uprooted or cleared from the surface of the Around. (h) "Overburden'' shall mean material overlaying useful geological material. (i) "Permittee" shall mean the person or party to whom the permit is issued and shall include t?ut not he limited to the property owner. his leasee, developer agent or r_ontractor. (j) "Stockpiling," shall mean the temporary storage of Boil, sand, gravel, rock, or other similar material in excess of 100 cubic yards upon any premises for the purpose of casino [he material as fill material. a[ some other premises at a future time. (k) "Stripping" shall mean the process of. rer.oving exttaneous mae[er like overburden and g,row[h. S er. 1.3. Ha::ar dons Conditions. Whenever the Chief Engineer determines that any existing excavation or fill has become a hazard to life and limb, or endangers property, or adverse l.7 affects the safety, use, or stability of a public way or drainage channel, t:`te owner of the property upon which the excavation or fill is located, or other person or agent i.n control of said property, upon receipt of notir.e in writing from. the Chief Engineer shall within the period specified therein repair or eliminate such excavation or fill so as to - 2 - eliminate the hazard and 're in conformance with the requirements of this Chapter. The Chief Engineer or his authori.zcd renresenta[ives are hereby authorized to enter any property [o determine or to enforce the provisions stated herein. Sec. 1.4, Exclusions. This Chatter shai.l not apply to the following: (a) '.fork in a pu~11c stree[, sidewalk, alley. public right-of- way', airfield, or in an isolated, self-contained Government controlled are a. (b) liini.ng or quarrying operations regulated by other County Ordinances or [lgenries. (c) E:cr.vation caithin she huildin~ lines for hasenents and footings of a buildinr,- retaining wall, or other structure. authorized by a vali.~. lnii.ldine ^e^n:it. This sha'.1 not exenp[ any fill made. within or outside the huildi.ng ]inns. (d) Grading and grul:~bing on individual cemetery plots, (e) Sani[ary filling and operation of ru'rhish dunes. (f) P,gricultural cperations includin[; ranching, incident to or in conjunction c~ri[h crop or livestocl=. production., which are p?rforrred in accordance with a soil conservation plan prEparc-d with technical sssistance:•:ait6 an available Soil and hater Conservation District, provided, to;never, that no grading performed for erection of Buildings or structures on agricultural land shall. be conncenced or performed with- out a grading permit. (g) Excavation which does not alter the general drainage pattern with respect. to abutting properties, which does not exceed 50 cubic yards of material on any one site, and does not exceed 3 feet in vertical. height at its highest point; provided that [he cut meets the cut slopes and the distance Prom property lines requirements in Section 3. 1. - 3 - (h) Fill which does not alter the general drainage pattern with respect to abutting properties. which does not exceed 50 cub~.c yards of material on any one site and does not exceed 3 feet in vertical depth at its deepest point provided that the fill meets the fill slopes and distance from property lines requirements in Section 3.1. (i) Grubbing which does not alter the genera] and loca;ized drainage pattern with respect to abutting properties and does not exceed a irotal area of 5,000 square feet. (j) Dredging operations carried on by or for a public agency. SECTION 2. P,zrmits; Rond; Inspection. Sec. 2.1. Permits. Except as excluded in Section 1.4 of this Chapter: (a) No person shall commence or perform any grading without a grading perms^_; (b) No ;person shall commence or perform any grubbing without a grubbing permit except where grubbing concerns land for which, a grading permit has been issued; and (c) No person shall commence or perform any stockpiling. without a stockpiling permit. Sec. 2.2. Application for Permits. (a) An applicant for a grading, grubbing,. or stockpiling permit shall first file an application in writing with the Department of Public Works, County of Hawaii. Each application shall: (1) Describe by tax key or street address of [he land on which the proposed work is to be done. (2) State the estimated dates Eor the starting and comple- tion of the proposed work. (3) Show the name of the permittee, who shall be responsible for the work to be performed by himself. his contractors and/or - 4 - employee;; and for requesting the inspections required herein. (b) Each application for a grading permit shall also be accompanied by plans and ;specifications, including: (1) For All Areas. (a) A vicinity aketch or other data adequately indicating the site location. (b) Boundary lines of the property on which the work is to be performed. (c) Location of any buildings or structures on the property where the work is to he performed and Location of any building or structure on land of adjacent property which is within 15 feet of the property to be graded when the grading may affect the buildings or structures. (d) Contours showing the topography of the existing ground and extending 5 feet into adjacent property when required by the Chief Engineer. (e) Elevations, dimensions, location, extent and the slopes of all proposed grading shown by contours and other- means. (f) The area in square feet of the land to be graded and the quantities of excavation and fill involved. Show separately quantities for excavation within and outside of building lines. (g) Any additional plans, drawings, or calculations required by the Chief Engineer. (2) For grading of areas of 15.000 square feet or more. a contour map prepared l:y an engineer or land surveyor and approved by the Chief Engineer and the Planning Director of the County and showing t:he contours and elevations of the land before and after the completion of the proposed grading: provided that if the land is to he subdivided. the applicant shall also obtain approval of the 5 - proposed subdivision from the Planning Director. This map shall include Location of existing large trees with trunk larger than 12 inches and rock outcroppings, detailed plans of all drainage devices, including bank protection, walls, cribbing, dams, silt- ing or sediment basins, landscaping. screen planting, erosion control ~~lanting or other protective devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drains. (3) Where a proposed cut or fill is greater than ]5 feet in height; or on land with slopes exceeding 15 per cent in an area with adobe or expansion soil: or when grading includes fill intended for future construction of buildings: or when any fill is to be placed over a swamp, pond, gully or lake; the permittee shall submit an engineers soils report which shall include data regarding; the nature, distribution and strength of existing soils and su'bst:antiating data from a soils engineer regarding the safety of the proposed grading, the fill and the material to be used, and describing the cut sections by showing the height, cut slope, benches, and material composing the cut bank. (c) An applicant for a grubbing permit shall furnish a plot plan showing the location, the property boundaries, and any other information as may be required by the Chief Engineer. Grubbing or land clearing by bulldozer of large areas for the purpose of making topographic survey shall not be permitted. Cutting of trails for survey lines and access for soil exploration equipment will be permitted. (d) An applicant for a stockpiling permit shall furnish a plot plan showing, the property lines and the location of the proposed stock- pile, quantities, height of stockpile, life of stockpile, source of the material to be. stockpiled and furnish any other information as may be - 6 - required by tlae Chief Engineer to control the creation of dust, drainage or sedimentation problems. The plot plan for stockpiling shall he approved by tie Chief Engineer. Sec. 2.3. Permit Limitations. (a) The issuance of a grading permit shall constitute and authori- zation to do only that work which is described on the permit and on the plans and specifications approved by [he Chief Engineer. (b) Jurisdiction of Other Agencies. Permits issued under the requirements of this Chapter shall no[ relieve the owner of responsibi- lity for securing required pern~its for work to he done which is regulated by any other :ode, department or division of tip governing agency. (c) Conditions of Approval. In granting any permit under this Ordinance, the Chief Engineer may attach such conditions as may he reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to: (1) Improvement of any existing grading to bring it up to the standards of this Chapter. (2) Requirements for fencing of excavations or fills which otherwise would he hazardous. (3) Screen planting, landscaping erosion control planting, or other treatments to maintain good appearance of gradtd area and reduce the detrimental im.pac[ on adjacent properties of the community. (4) Gleaning up the area and planting in accordance with approved plans. (5) Days and hours of operation. Sec. 2.4. Permit Fees. (a) Before issuing a grading permit, the Chief Engineer shall collect a permit fee for grading on the same site based on [he volume of - 7 excavation or fill, whichever is greater according to the following schedule: Volume of Material 0 - 100 cubic yards 101 - 1,000 cubic yards Permit Fee $5.00 $5.00 for the first 100 cubic yards plus $5.00 for each additional 100 cubic yards or fraction thereof. 1,001 - 1.0,000 cubic yards 10,001 cubic yards or more $50.00 for the first 1,000 cubic yards plus $5.00 for each additional 1.000 cubic yards or fraction thereof. $95,00 for the first 1.0,000 cubic yards plus $2.00 per 1,000 cubic yards or fraction t.liereo f . (r) Before issuing a grubbing pernit the Chief Engineer shall collect a permit fee of $10.00 for grubbing in excess of 5,000 square feet plus $1.00 for each additional 1,000 square feet or fraction thereof. (c) Before issuing a stockpi?ing permit the Chief Engineer shall collect a permit fee of $5.00 for stockpiling in excess of the firs[ 100 cut>ic yards plus $1.00 for each additional 1,000 cubic yards or fraction thereof. (d) 47here work fer which a permit is required by this Chapter is started or proceeded prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any parson from fully complying with the requirements of this Chapter in the execution of tt;e work nor from. any other penalties prescribed herein. (e) 'When grading, grubbing or stockpiling is perforned by or on behalf of the County. State or Federal GoV~rnmen[, the Chief Engineer shall waive the collection of any permit fee required in subsections (a). (b) and (c) shove. (f) .All permit fees shall be deposited in the General fund. - g - Sec. Z.S. Expiration of Permi?s (a) L'very grading or grubbing permit shall expire and become null and void unless the work perniit[ed therein is started within 90 days after the date of issuance or within 90 days after the r_ompletion date specified thereon but not later than one year after the date of issuance., Extension of time may be granted if, in the judgment of the Chief Engineer, the work authorized under the permit would not be exceeded. In such cases, no additional fee will be. imposed. (b) Every stockpiling permit shall. expire and become mill and void one year after the date of issuance and all stockpiled material temporarily stored on [he premises shall he removed from the premises or used on the premises as fill material under a grading pernat for fill prior to the expiration date. Extension of time may be granted if, in the judgment of the Chief Engineer, the work authorized under the permit would not be exceeded. In such cases, no additional fee will be imposed. Sec. 2.6. :denial of Permit. (a) If the Chief Engineer finds that the work as proposed by the applicant is likely to endanger any property or public way or cause conservation or ecological problems, he shall deny the grading, grubbing or stockpiling, permit. Factors to be considered in detern.ining probabi- lity of hazardous conditions shall include, but not be limited to, possible saturation of the ground by rains, earth movements, ?eological or flood hazards, undesirable surface water run-off, sub-surface condi- lions such as the stratification and faulting of rock, nature and type of soil or rock. Failure of the Chief Engineer to observe or recognize Hazardous conditions or his failure to deny the grading, grubbing or stockpiling permit shall not relieve the permittee or his agent from being responsible, or cause the County, its officers or agents, to be - 9 - held responsible for the conditions or damages resulting therefrom. Sec. 2.7. Suspension or Revocation of Permit. (a) The Chief Engineer may. in writing. suspend or revoke a permit issc.ed under the provisions of this Chapter whenever the permit has been issued on the basis of incorrect or insufficient information supplied by the pem~ittee; whenever the grading, grubbing or stock- piling is not being performed in accordance with the terme and provi- sions of the cermit: or whenever the grading. :;rubbing or stockpiling discloses objectional or unsafe conditions. (h) When a permit has been suspended or revoked the pennittee may submit detailed plans and proposals for compliance with the provi- sions of this Chapter and for correcting the objectional or unsafe conditions. Upon approval of such plans and proposals by the Chief Engineer, he may authorize the permittee, in writing, to proceed with the work. Ser. 2.8. Bond. (a) Rond required. A grading permit or stockpiling permit shall not he issued for any cut, fill or stockpiling involving quantities more than 'i00 cubic yards or for excavations or fills over 15 feet in vertical height unless the permittee shall first file a bond for the benefit of the County of Hawaii with the Department of Finance; provided that, if the proposed grading or stockpiling is to he performed under an approved subdivision plan and a subdivision bond has been filed, then the Chief Engineer shall not require a bond for grading or stockpiling. A copy of the subdivision bond shall be presented as evidence by the applicant for a grading or stockpiling, permit. At the option of the applicant, he may either file a bond guaranteed by a surety company duly authorized to transact business within the State of Hawaii, or he may deposit. cash in lieu of a bond. - 10 - (b) Amount of Bond. The amount of the bond shall be based upon the number of cub:(c yards of material in either excavation, fill or stock- piling, whichever is the greater volume. The amount of the bond shall be computed as set forth in the following table: Volume of Material 0 to 10,'00(1 cubic yards Over 10,00(1 to 100,000 cubic yards Bond Amount $.50 per cubic yard; $5,000,plus 25 cents per cubic yard for each additional cubic yard in excess of 10,000; Over 100.,000 cubic yards 527,500, plus 10 cents per cubic yard for each additional cubic yard in excess of 100,000 (c) Condition. The bond shall be conditioned that the permittee shall: !; 1. ;1 Comply with all the terms and conditions of [he permit to the satisfaction of the Chief Engineer. (2) Complete all of the work authorized under the permit within the time limit specified in the permit. 1.3) Comply with all special precautions enumerated to Section 3.2 and. with all requirements of the Chief Engineer pursuant to Section 3.2. (d) Period and termination of bond. The term of each bond shall begin ~.ipon the date of issuance of the permit and shall remain in effect until r_he completion of the work to the satisfaction of the Chief Engineer. Such completion shall be evidenced by the issuance of a certificate signed by the Chief Engineer. In the event of failure to complete the work or failure to comply with all of the conditions and terms of the permit, the Chief Engineer may order the work to he completed as required by the permit and to the satisfaction of the Chief Engineer. The surety executing such bond or the ca,>h depositor, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may he incurred or expended by the County of Hawaii, in causing any - 11 - and all of such required work to he done, and that said surety or the depositor assents to the completion of the work even though it is performed after the tine allowed in the permit. In the case of a cash deposit, such a deposit or any unused portion thereof not required to complete the ~xork authorized by the permit shall be refunded to the perrttittee. Sec. 2.9. Infection, (a) Each permit issued under this Chapter shall he deemed to include the right to the Chief Engineer or his authorized representatives to enter upon and to inspect the grading grubbing or stockpiling operations. (b) The permittee shall notify the Chief Engineer at least 2 days before the pe-rmittee or his agent begins any grading. grubbing or stock- piling. A co;ay of the permit, approved plans and spec ificati-ons for grading, gruh'oing or stockpiling shall be maintained at the site during the. progress of any work. Where it is found I?y inspection that the soil or other conditions are not the same as stated or shown in the applica- tion for a grading. grubbing or stockpiling permit, the Chiei Engineer may stop the grading, grubbing or stockpiling until revised plans, based upon the existing conditions, are submitted by the permittee and approved by the Chief Engineer. (c) If the Chief Engineer or his representative finds that the work is not being done in conformance with this Chapter; or the plans approved by the Chief Engineer, or in accordance with accepted practices, he shall immediately notify the person in charge of the grading work cf the non- conformity and of the corrective measures to he taken, Grading operations shall cease until. corrective measures satisfactory to the Chief Engineer have been taken. (d) tdhen a permittee leas 1-een served with a written notice, either by nail or 1?ersonal service for failure to comply with any provision of - 12 - this Chapter, or when a permittee has had his permit suspended or revoked '~y the Chief ingineer, the permittee and any person or part? connected with execution of flee work authorized by the permi_ shall h-e denied a grading, grub`~ing or stockpiling pcrnit until- the nermittee has coe~plicd or in itiatcd action satisfactory to then. Chief Engineer to comply ,;ith the ;,revisions of this Chapter, SBCTIOP7 3. Excavation, Fi11s, Gradin,. Grubbing and Stricping. Sec. 3. 1. Conditions of Permit.. The requirements of paragraphs (a) (h) or (c) herein na^ he •.aaived I•y the Chief ngineer after the. permittee suhrr~.its an en gineer's soils report stR-stantiating data regarding the stability of the fi_1 slopes without corrplving, with any of the requirements therein. (a) Height. Where a cut or fill is greater than 15 feet. in height, terraces or benches shall he constructed at vertical in[erva's of 1.5 feet except tna[ where only one bench i.s required: it shall le at the midpoint. The minimum width of such terraces or benches sha~'1 be at least 8 feet wide and have suitable drainage provisions to control erosion on the slope face. (b) Cut Slopes. Under the following soil conditions, no cut may he steeper in slope than the ratio of its horizontal [o its vertical distance as shown he low: 1/2 horizontal to 1 vertical in rock or mudrock; 1 horizontal to 1 vertical in decomposed rocks or rock and soil mixt 1-1/ horizontal to (c) F'i1l Slopes. Under be steeper in slope than the distance as shown below: l~-1/2 horizontal to ire: 1. vertical. in sandy and clayey soils. the following soil conditions, no fill may ratio of its horizontal to its vertical. 1 ve:+rtical in roc1- and clay mixture. - 13 - 2 horizontal. to 1 vertical i_n sandy and clayey soils. (d) lii.stance From Property line. The horizontal distance from the top of a cut slope or the bottom of a fill slope to the adjoining property line shall be as follows: Heiy,ht of Cut or Fill nistance From Property Line (In feet) Zero feet to ~~ feet 2 Fore than 't Eeet to °, feet q 1`tore tl-.an ': feet to l feet ~ Pore than l5 fe^<t Y Thrse requirements may Fe modified by the Chief Engineer :aher cuts or fi~ls arr. suprorted '+y retainin,:r walls. aporov~d },y the Building ~epart- meat, or ~wh^n the permitt~~e submits an eneine er's soils report sCatinp_ that the soil condir-ions will cerri.t a lesser horizontal distance without causing damage or danger to the adjoining property. 3etaininp, wall of 3 feet. and over shall lie dcsi~>ned by a professional. engineer when deemed necessary '~~~ the Chief Engineer. Setback requiren•.ents of the County ?oning Grdinance is referenced '.iere;ai'h. State band ltse Commission and ~otnty Loni.ng Ordinance and ot.Ler agencies' requirements on Shoreline ireprovemmnts is referenced iicrewith. (e) Area Opened. Tho ma7:itrum. area of land tha~- r.~ay be o;~ened for ;ralinp, or srulci.ng is 15 acres. The area of land rltat ray be opened may Se increased or reduced ~-~~ the Chief Engineer to control ~~ollution and nlnimize stone dareage. additional. area shall not he opened for grading or ~.cru!-l,ing until measures to prevent dust or erosion prohlem.s in the area already graded or gntl-~hed have haen completed. (f) fill haterials. The fill materiais may consist of rock, gravel, s'.an.i, or soil, or a nixturc thereof, but shall noi:. contain delris or organic mattcr~, The fill material shall he spread in a series of layers - 1~~ - each not exceeding 6 inches in thickness after compaction. After the fill material is placed and compacted. [he compaction density shall be a minimum of 90% of the maximum density as determined by the modified soil compaction test, designated as AASHO T180-57 or ASTM D1557-58T as amended tests in 'Standard Specifications for Highway Materials and Methods of Saapling and Testing', published by the American Association of State Highway Officials, 1961, as amended. The Chief Engineer shall inspect the w~orlc and may require adequate inspection and canpac[ion control substantiated by test results by an engineer qualified to prepare an engineer's soils report. These requirements may he modif•-ed by the Chief Engineer if the permittee suhmits an engineer's soils report stat- ing that the required compaction density can be met with a thicker layer of fill, or substantiating with appropriate investigation and analysis that the required 90% compaction density may be lowered without causing excessive. settlement, creep or stability problems of slope. (g) Preparation of Ground Surface Before Placing Fill or Stockpiling. The natural ground surface shall be prepared by removing the vegetation and, if required by the Chief Engineer. shall he notched by a series of benches. ho Eill shall he placed over any water spring, marsh, refuse dump, nor upon a soft, soggy or springy foundation' provided [hat this requirement may be waived by the Chief Engineer if the permittee submits an engineer's soil report substantiating data regarding the safety of the fill. Three (3) feet of the lowermost bench shall he exposed beyond the toe of the fill. (h) Vegetation. Whenever feasible natural vegetation should he retained. If removed, trees, timber, plants, shrubbery and other vegeta- tion, after being uprooted, displaced,. or dislodged from the ground by excavation, clearing or grubhing. shall not be stored or deposited along - l5 - the banks of any stream, river, or natural water course. After being uprooted, displaced. or dislodged. such vegetation shall be disposed of and removed from the site within a reasonable time, but not to exceed three (3;1 months. (i) Notification of Completion. The permittee or his agent shall notify tlce Chief Engineer or his representative when the graciing opera- tion is ready for final inspection. Final approval shall not be given until all. work including installation of all drainage structures and their protective devices have been completed and the required reports have been submitted. (j) kepor[ After Grading. When grading involves cuts or fills for which an engineer's soils report is required, the permittee shall submit a repot[ upon the completion of such work. This report sha17. contain: (1) A description of materials used in the fill and its moisture content at the time of compaction. the procedure for deposit and compaction of fill. the preparation of original ground surface before reaking the fill, and a plan showing the location and elevation of compaction tests r,.ade in the fill together with a tabulation of rela- tive compaction densities obtained at each location. (2) The expansive properties of the soil near the finish grade and the recommended soil bearing pressures for proposed strucutres. (3) A certification that the work. was done in conformity to this Chapr_er and the engineer's soils report. Sec. 3.2. Special Requirements. (a) Any person performing or causing to he perfornred an excavation or fill shall„ at his own expense. provide the necessary means to prevent the n•~ovement of earth of the adjoinine, properties. to protect the improve- meats thereon. and to maintain the existing natural grade of adjoining properties. - 16 - (b) Any person performing or causing to be performed, any excava- tion or fill shall be responsible for the maintenance or restoration of street pavements. sidewalks and curbs, and improvements of public utilities which may be affected. The maintenance or restoration of street pavements. sidewalks and curbs shall he performed in accordance with the requirements of the County of Hawaii and the maintenance and restoration of improvements of public utilities shall be in conformity with the standards of the public utility companies affected. (c) Any person depositing or causing to !e deposited, any silt or other debris in ditches, water courses. drainage facilities, and public roadways.. shall remove such silt or other debris. In case such person shall fail, neglect or refuse [o comply with the provisions of this section urithin 48 hours after written notice. served upon him, either by mail or by personal service, the Chief Engineer may proceed to remove the silt and other debris or to take any other action he deers appropriate. The costs incurred for any action taken by the Chief Engineer shall be payable ley such person. (d) A[ any stage of the grading grubbing or stockpiling work, if the Chief Engineer finds that further work as authorized by an existing permit is likely to create soil Erosion problems or to endanger any life, limb, or property, h<. may require safety precautions, which may include but shall not be limited to the cons ruction of flatter exposed slopes, the construction of additional silting or sediment basins, drainage facilities or benches, the renoval of rocks, boulders., debris and other dangerous objects which, if. dislodged, are likely to cause. injury or damage, the construction of fences or other suitable protective barriers, th< planting ;ind sodding of slopes and bare areas and the performance of additional. soil compaction, All planted or sodded areas shall be main- to med. An irrigarion system or watering facilities Tray be required by the Chief Engineer. - 17 - (e) At any stage of the grading, grubbing or stockpiling opera- tions, if the Chief Engineer finds that further work as authorized by an eristing permit is likely to create dust problems which rray jeopar- dize health, property or the public welfare. the Chief Engineer may require adequate precautions as follows: (1) Construction Phase. (a) Provide sufficient number of water wagons for spri!1k1 ing . (b) Hose continuously to wet down material dw-ing dumping and spreading operations. (c) Wet down fill material at the loading point if it is located on the jor site. (d) In strong winds causing puffs of dust, cease haul- ing and/or grading operations and confine work to watering down the project area. (e) Stop all operations if the methods described above are not able to control dust. If dust continues, apply hydro muldi without vegetative media until visible dust is slopped. (2) Post Construction Phase. (a) Graded land such as slopes which are scheduled to he covered with a vegetative growth should be planted following grading operations. Planting shall he maintained to produce acceptable growths. (b) Graded or grubbed areas which are not scheduled to he covered with a vegetative growth should receive dust control meas•ires such as: (1) Sprinkling water by tank trucks. This method may require frequent sprinkling. - 18 - (2) Apply straw or hay treated with bituminous material for large open areas. Care must he exercised to prevent bituminous particles contaminating nearby buildings or vehicles. (3) Apply }~ydro mulch without vegetative media. Sec. 3.3. Drainage Provisions. (a) Adequate provisions shall he made to prevent surface waters from damaging the cut face of an excavation or the sloping surfaces of a Ei11. All drainage provisions shall he designed to carry :surface waters to a street, sto rni drain or natural water course, approved by the. Chief Engineer as a safe place to deposit and receive such waters. The Chief Engineer may require such drainage structures and F.ipes to he constructed or installed, which in his opinion, are necessary [o prevent erosion damage and to satisfactorily carry off surface waters. (b) Whenever the surface of a lot is excavated or filler, positive draina~ steall be provided to prevent the accumulation or retention of surface water in pits. gullies.. holes, or similar depression which may create a hazard or nuisance. (c) The flow of any existing and known natural underground drainage shall not be impeded or changed so as to cause damage to adjoining property. SECTION 4. Violations and Penalties: Other Liabilities. Sec. 4.1 Penalties. (a) '/:iolations. It shall be unlawful for any person to do any act forbidden, or to fail to perform any act required, by the provisions of this Chapter. (b) Continuing Violation. The failure to comply with the require- ments set forth under the provisions of this Chapter shall he deemed a new offense for each day of such non-compliance. - 19 - (c) Pen;al[y. Any person violating any of the provisions of this Chapter shah , upon conviction, be punished by a fine not exceeding $500, or by imprisonment not exceeding 180 days.. or by both for each offense. Sec. 4.2. Liability. The provisions of this Chapter shall not he construed to relieve or alleviate the liability of any person for dar:~ages resulting from performing„ yr causing to he performed any grading. grubbing or stock- piling ope.rat.ion. The County. its officers, and employees shall be free frvm ;any liability, cost or damage which may accrue from any grading, grubbing or stockpiling or any work connected therewith, authorized by this Chapter. SECTION :i. k'aiver. Sec. 5.1. ir'aiver. In all. applicable cases, if a permi[tee, supported by accompanied engineer's report.. finds that strict adherence to the provisions of this ordinance causes undue hardship or practical difficulty, he may seek waiaers from the provisivns and the Chief Engineer may grant a waiver with conditions if he finds that the request will not likely create any probLcros to the adjoining properties nor endanger any lire or limb nor be in conflict with existing ordinances and statutes. SECTION Ei. This Grdinance shall take effect upon its approval. INTRCDIICED BY: -1 unc man, County Hawaii Date of Introduction: Date of Adoption: - 20- ',H UNIGIII KIIdU12! 111Y0~1 i ~,,.:.~~n r fin~zno. July oe-rani.,-~_r.~.,~r ~,, ,,,~_._it- ., _,;~,ca I I, 4 ~~ I ~; C ~~Chi.~ G~~2 iI KIMURA, t1ayer UU~~V.U'. ANU UIVI'dc d:'~ \/ A UI(~~A C~I IV~. [ Vtl ll'r.i l.'ll ~~ i. ~O f< 1 [~/ .. . / 11111 L~II1l. _ ~tl'.II~V::i i'~il A1~1~ I i ~i I.tl~O'1 - i.... ~ i~~r.~~ ~. 1..'.II'.t .cl '~ T 11tAf f IG l AII:~ if.l~l l~OL ~/~I L 16, 1971 The lono:~able Chai r~ an and Memh rs of the ~"ornty Council Coun y or Itaoraii Hilo }la~aaii GRADII~;G O1:DII:°A?]CE 4fe t~ansmit for your review a bi].1 for the proposed Grading Ordinance. The gill was pr~p~red after considering co::".ients from all concerned ages ies, such as the Planning 1)eparimert, Cornor~~.tion Counsel, Federal Hous ng Administretion, Consulting l:n;ine~.=rs Council and the Hawaii Soci,ty of Profose~ic,nal Enc,ineers. :he Corr oration Counsel's office has evieiaed tha draft of the proposed ordinance for apuroval as to form Your favorable consideration and adoption of t}:e proposed ordi.nence will be sincerely appreciated as it will provide a means for regulating and ontrollir,~ er:cavation, f-ills, gradir,a, grubbing, stockpilicg and stri ping operations within the County. r f ' ~ ~ '-f~ i ~~ EDP}A ll HARA\ , Chief F,ngineer APPR i%F.D: ~,