HomeMy WebLinkAboutORD 1982-778 1980-1984BILL NO. _ 839
AMENDED
COUNTY OF HAWAII - STATaE~ OF HAWAII
ORDINANCE Nt1.
AN ORDINANCE AMENDING THE HAWAII COUNTY CODE, AS
AMENDED, TO ADD A NEW CHAP^lER RELATING TO FLOOD HAZARD
CONTROL.
BE I`1' ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Legislative Findings and Purpose.
The County Council enacts this chapter in accordance
with the National Flood Insurance Program, pursuant to the
National Flood Insurance Act of 1968 (Public Laws 90-440 ar~d
91-152), as amended, and the Flood Disaster Protection Act
of 1973 (Public Law 93-234), to continue the County's
participation in the program to enable property owners in
flood-prone areas of the County to obtain flood insurance
and to assure future federal financial assistance for the
County for use in such areas.
SECTION 2. The Hawaii County Code is amended by adding
a new chapter to read as follows:
"CHAPTER 22
FLOOD HAZARD CONTROL
ARTICLE 1
Legislative Findings of Fact,
Purpose, and Objectives
Sec. 1. Findings of Fact.
Certain areas of the County are subject to periodic
flooding caused by heavy rain storms, high wave action, and
tsunamis which result in loss of life and property, health
and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety, and
general welfare. These flood losses are caused and
aggravated by development in such special flood hazard areas
without providing for appropriate flood-proofing measures
and adequate unobstructed drainage.
Sec. 2. Statement of Purpose.
It is the purpose of this chapter to promote the public
health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas
by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly
flood control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken
at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) 7'o minimize damage to public facilities and
utilities located in areas of special flood hazard;
(6) To help maintain a stable tax base by minimizing
future flood loss;
(7) To assist in notifying potential buyers that
property is in an area of special flood hazard; and
(8) To insure that those who occupy areas of special
flood hazard assume responsibility for their
actions.
Sec. 3. Methods of Reducing Flood Losses.
In order to accomplish its purposes, this chapter
includes methods and provisions for:
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(1) Requiring that facilities be protected to minimize
flood damage at the time of initial construction;
(2) Controlling, filling, grading, dredging, and other
development which may increase flood damage;
(3) Controlling the alteration of natural flood
plains, stream channels, and natural protective
barriers, which help accommodate or channel flood
waters; and
(4) Preventing or regulating the construction of flood
barriers which will unnaturally divert flood
waters or which may increase flood hazards in
other areas.
ARTICLE 2
General Provisions
Sec. 1. Statutory Authority.
This chapter is enacted pursuant to the U. S. National
Flood Insurance Act of 1968 (Public Laws 90-418 and 91-15Z) ,
as amended, and the U. S. Flood Disaster Protection Act of
1973 (Public Law 93-234), as amended.
Sec. 2. Lands Subject to this Chapter.
This chapter shall apply to all areas of special flood
hazards identified by the Federal Insurance Administration
in a scientific and engineering report entitled, "The Flood
Insurance Study for the County of Hawaii," dated
February 1, 1982, with accompanying Flood Boundary ana
Floodway and Flood Insurance Rate Maps, and as may be
amended hereafter; and lands outside the identified special
flood hazard areas encompassing and adjacent to a river,
stream, storm water channel, outfall area, or other inland
water or drainage facility determined by the Chief Engineer
to be subject to special flood hazards. The different
special flood hazard areas are as follows:
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(1) Flood Fringe -- AO to A30 Zones.
(2) Floodway.
(3) Coastal High Hazard (Tsunami) -- V Zones.
(4) General Flood Plain -- A Zone.
(5) Land Adjacent to Drainage Facility.
Sec. 3. Compliance.
No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full
compliance with the terms of this chapter and other
applicable regulations.
Sec. 4. Exemptions.
The following construction and improvements shall be
exempt from the provisions of this chapter:
(1) Reconstruction, rehabilitation, or restoration of
structures listed on the National Register of
Historic Places or the State Inventory of Historic
Places;
(2) Repairs, maintenance, or improvements required by
state or county officials to comply with health,
sanitation, building, and other codes which are
solely necessary to assure safe living conditions;
(3) Outdoor swimming pools (non-elevated);
(4) Signs;
(5) Demolition;
(6) Fences and retaining walls except in the floodway;
(7) Carnivals, luaus, fairs, and camping tents of a
temporary nature.
(8) Storage sheds for agriculture, lawn equipment, and
other similar storage sheds, including garages and
carports, except in the floodway.
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(9) Bathhouses, comfort stations, open park pavilions,
and boathouses, except in the floodway.
(10) Seawalls, bulkheads, wharves, piers, and docks,
except in the floodway.
(11) Other structures similar to those stated above
which are consistent with this chapter as
determined by the Chief Engineer.
Sec. 5. Other Laws and Regulations.
All construction and improvements subject to this
chapter shall comply with other applicable laws and
regulations including, but not limited to, the Zoning,
Building, Electrical, Plumbing, Subdivision, and Excavation,
Fills, Grading, Grubbing, Stockpiling, and Erosion and
Sedimentation Control chapters of this code. This chapter,
designed to reduce flood losses, shall take precedence over
any less restrictive, conflicting laws, ordinances, and
regulations.
Sec. 6. Interpretation.
In the interpretation and application of this chapter,
all provisions shall be:
(1) Considered as minimum requirements;
(2} Construed in favor of the County; and
(3) Deemed neither to limit nor repeal any other
powers granted under state statutes.
Sec. 7. Warning and Disclaimer of Liability.
The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger
floods carp and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes. This
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chapter does not imply that land outside the areas of
special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. This chapter
shall not create liability on the part of the County of
Hawaii, any officer or employee thereof, or the Federal
Insurance Administration, for any flood damages that result
from reliance on this chapter or any administrative decision
lawfully made thereunder.
Sec. 8. Definitions.
Unless plainly evident from the context that a
different meaning is intended, the words and terms used
herein are only applicable to this chapter and are defined
as follows:
(1) "Base flood" means the flood having a one percent
chance of being equalled or exceeded in any given
year, otherwise commonly referred to as the
100-year flood.
(2} "Base flood elevation" means the water surface
elevation of the base flood.
(3) "Breakaway walls" mean any type of walls, whether
solid or lattice, and whether constructed of
concrete, masonry, wood, metal, plastic, or any
other suitable building material which are not
part of the structural support of the building and
which are so designed as to break away, under
abnormally high tides or wave action, without
damage to the structural integrity of the building.
(4) "Coastal high hazard area" means the area subject
to high velocity waters, incluaing, but not
limited to, coastal and tidal inundation or
tsunamis. The area is designated as Zones V1 to
V30 on the FIRM.
(5) "Chief Engineer" means the Chief Engineer of the
County of Hawaii or his authorized representative.
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(6} "Development" means any man-made change to
improved or unimproved real estate, including, but
not limited to, buildings or other structures,
filling, grading, or excavation operations.
(7) "Flood" or "flooding" means a general and
temporary condition of partial or complete
inundation of normally dry land areas from
overflow of inland or tidal water resulting from
any source, such as tsunamis, or the unusual and
rapid accumulation of runoff or surface waters
from any source.
(8) "Flood Boundary and Floodway Map (FBFM)" means the
official map on which the Federal Insurance
Administration has delineated both the areas of
flood hazard and the floodway.
(9) "Flood fringe area" means the portion of the flood
plain outside the floodway, designated as AO to
A30 Zones on the FIRM.
(10) "Flood Insurance Rate Map (FIRM) " means the
official map on which the Federal-Insurance
Administration has delineated both the areas of
special flood hazards and the risk premium zones
applicable and base flood elevations.
(11) "Flood insurance study" means the official report
provided by the Federal Insurance Administration
that includes flood profiles, the FIRM, the FBFM,
and the water surface elevation of the base flood.
(12) "Floodway" means the channel of a river or other
water course and the adjacent land areas that must
be reserved in order to discharge the base flood
without cumulatively increasing the water surface
elevation more than one foot.
(13) "General flood plain area" means the area
consisting of the approximate flood plain area as
delineated on the flood maps, identified as
A Zones on the FIRM, where detailed engineering
studies have not been conducted by the Federal
Insurance Administration to delineate the flood
fringe and floodway.
(14) "Habitable floor" means any floor usable for
living purposes, which includes working, sleeping,
eating, cooking, or recreation, or a combination
thereof. A floor used only for storage purposes
is not a habitable floor.
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(15) "New construction" means structures for which the
start of construction commences on or after the
effective date of this chapter.
(16) "Special flood hazard" means an area subject to
flood and flood-related hazards, identified on the
FIRM's and FBFM's or determined by the Chief
Engineer in areas adjacent to drainage facilities
not identified by the flood maps.
(17) "Start of construction" means the first placement
of permanent construction of a structure on a
site, such as the pouring of slabs or footings or
any work beyond the stage of excavation.
Permanent construction does not include land
preparation, such as clearing, grading, and
filling, nor does it include excavation for a
basement, footings, piers, or foundations, or the
erection of temporary forms; nor does it include
installation on the property of accessory
buildings, such as garages or sheds not occupied
as dwelling units or not as part of the main
structure. For a structure without a basement or
poured footings, the start of construction
includes the first permanent framing or assembly
of the structure or any part thereof on its piling
or foundation.
(18) "Structure" means a walled and roofed building
that is principally above ground.
(19) "Substantial improvement" means any repair,
reconstruction, improvement, or addition to a
structure, the cost of which equals or exceeds
fifty percent of the market value of the structure
either: (A) before the improvement or repair is
started, or (B) if the structure has been damaged
and is being restored, before the damage
occurred. For the purposes of this definition,
substantial improvement is considered to occur
when the first alteration of any wall, ceiling,
floor, or other structural part of the building
commences, whether or not that alteration affects
the external dimensions of the structure.
(20) "Tsunami" means a great sea wave produced by
submarine earth movement or volcanic eruption.
Sec. 9. Variance.
Sec. 9.1. Standards.
A variance from this chapter may be issued by the Chief
Engineer only upon:
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(1) A determination that the variance will not result
in an adverse increase to flood elevations,
additional threat to public safety, extraordinary
public expense, or conflict with other laws or
regulations except as otherwise stated;
(2) A showing that the variance is the minimum
necessary, considering the flood hazard to afford
relief; and
(3) A determination that a variance granted within a
floodway would not result in an adverse increase
in the flood levels.
Generally, except on the floodway, variances may be
issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size,
contiguous to and surrounded by lots with existing
structures constructed below the base flood elevations;
provided, that the above standards are met and items listed
in Sec. 9.2 of this article are fully considered. As the
lot size increases beyond one-half acre in size, the
technical justification required for issuing a variance
increases.
Sec. 9.2. Factors to be Considered.
The Chief Engineer shall consider all technical
evaluations, all relevant factors, standards specified in
other sections of this chapter, comments and recommendations
of other agencies, and the following in evaluating the
variance application.
(1) The danger to life and property including
surrounding properties due to increased flood
elevations or velocities caused by the variance.
(2) The danger that materials may be swept on to other
lands or downstream to the injury of others.
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(3) The proposed water supply and sanitation systems
and the ability of these systems to prevent
disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and
its contents to flood damage and the effect of
such damage on the individual owners.
(5) The importance of the services provided by the
proposed facility to the community.
(6) The availability of alternative locations not
subject to flooding for the proposed use.
(7) The compatibility of the proposed use with
existing development anticipated in the
foreseeable future.
{8) The relationship of the proposed use to the flood
plain management program for the area.
{9) The safety of access to the property in times of
flood for ordinary and emergency vehicles.
(10) The expected elevations and velocity of the base
flood expected at the site due to the variance.
(11) That the variance will not result in an adverse
increase to the base flood elevations, additional
threat to surrounding properties and to public
safety, extraordinary public expense, or conflict
with other laws or regulations.
(12) That failure to grant the variance would result in
exceptional hardship to the applicant.
Sec. 9. 3. Conditions for Variance.
The Chief Engineer may approve variances with
conditions. Such conditions may include:
(1) Modification of the construction or substantial
improvement, including the sewer and water supply
facilities.
(2) Limitations on periods of use and operation.
(3) Imposition of operational controls, sureties, and
deed restrictions.
{4) Requirements for construction of channels, dikes,
ditches, swales, levees, and other flood-
protective measures.
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(5) Flood-proofing measures designed consistent with
the regulatory flood elevation, flood velocities,
hydrostastic and hydrodynamic forces, and other
factors associated with the base flood.
(6) Other conditions as may be required by the Chief
Engineer.
Sec. 9.4. Application for Variance.
An application for a variance shall be submitted to the
Chief Engineer, signed and stamped by a registered
professional engineer or architect, and shall include three
sets of documents with the following information as may be
applicable:
(1) Plans and specifications showing the site and
location; dimensions of all property lines and
topographic elevation of the lot; existing and
proposed structures and improvements, fill,
storage area; location and elevations of existing
and proposed streets and utilities; flood-proofing
measures; relationship of the site to the location
of the flood boundary; floodway; and the existing
and proposed flood control measures and
improvements.
(2) Cross-sections and profile of the area and the
regulatory flood elevations and profile based on
elevation reference marks on flood maps.
(3) Flood study and drainage report in areas where
study and report have not been reviewed and
accepted by the County.
(4) Description of surrounding properties and existing
structures and uses and the effect of the
regulatory flood on them caused by the variance.
(5) Evaluation and supporting information for the
variance with respect to each of the twelve
factors to be considered by the Chief Engineer as
listed in Sec. 9.l of this article.
{6) An agreement that a covenant will be inserted in
the deed and other conveyance documents of the
property and recorded with the Bureau of
Conveyances of the State of Hawaii, stating that
the property is located in a flood hazard area
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subject to flooding and flood damage; that a flood
hazard variance to construct a structure below the
base flood elevation will result in increased
flood insurance premium rates and increases flood
risks to life and property; that the property
owners will not file any lawsuit or action against
the County for costs or damages or any claim; that
the property owners will indemnify and hold
harmless the County from liability when such loss,
damage, injury, or death results due to any flood
hazard variance and flooding of the property; and
that upon approval of the variance, the covenants
shall be fully executed and proof of recording
with the Bureau of Conveyances shall be submitted
to the Chief Engineer prior to the issuance of a
building permit.
(7) Such other information as may be relevant and
requested by the Chief Engineer.
Sec. 10. Nonconforming Structures.
Any nonconforming structure existing on the effective
date of this chapter may continue, subject to the following
conditions:
(a) Where damaged, destroyed, or demolished, and the
cost of reconstruction equals or exceeds fifty
percent of the replacement value of the structure
before the damage, destruction, or demolition
occurred, the reconstruction shall comply with the
applicable standards for the special flood hazard
areas; provided, however, that with respect to
reconstruction or improvement of a damaged,
destroyed, or demolished structure in the
flooclway, a registered professional civil engineer
shall certify and submit documentation that to the
best technical knowledge and information, the
reconstruction will not increase the base flood
elevations as existed before the damage,
destruction, or demolition occurred.
(b) Except where a structure is relocated to position
within the same lot and special flood hazard area,
all relocated structures shall comply with the
applicable standards for the special flood hazard
area.
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Sec. 11. Appeals.
Any person aggrieved by the decision of the Chief
Engineer in the administration or application of this
chapter may, within thirty days after the Chief Engineer's
decision, appeal the decision to the Board of Appeals. The
Board of Appeals may affirm the decision of the Chief
Engineer or it may reverse or modify the decision if the
decision is
(1) In violation of this chapter or other applicable
law; or
(2) Clearly erroneous in view of the reliable,
probative, and substantial evidence on the whole
record; or
(3) Arbitrary, or capricious, or characterized by an
abuse of discretion or clearly unwarranted
exercise of discretion.
The Board of Appeals shall adopt rules pursuant to
Chapter 91, Hawaii Revised Statutes, necessary for the
purposes of this section.
Sec. 12. Penalties and Enforcement.
Any person, firm, or corporation violating any
provision of this chapter shall be deemed guilty of a
misdemeanor and each such person shall be deemed guilty of a
separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this
chapter are committed, continued, or permitted, and upon
conviction of any such violation, such person shall be
punished by a fine of not more than $500 or by imprisonment
for not more than ninety days, or by both such fine and
imprisonment.
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ARTICLE 3
Administration
Sec. 1. Building Permit, Certificate of
Occupancy, Grading Permit, Subdivision
Approval.
No building permit, certificate of occupancy, or
grading permit shall be issued, no building shall be
occupied, or subdivision shall be approved without the
approval of the Chief Engineer with respect to compliance
with the provisions of this chapter.
Sec. 2. Duties and Responsibilities of the Chief
Engineer.
The Chief Engineer, with the cooperation and assistance
of other County departments, shall administer this chapter.
The duties and responsibilities of the Chief Engineer shall
include, but not be limited to, those prescribed in this
article.
Sec. 3. Permit Review.
The Chief Engineer shall review:
(1) All building permits, certificates of occupancy,
grading permits, and subdivision proposals to
determine whether the requirements of this chapter
have been satisfied.
(2) All other development permits referred by other
governmental departments and agencies for
consistency with the requirements of this chapter.
(3) Permits and proposals to determine that the site
is reasonably safe from flooding.
(4) Permits and proposals to determine if the proposed
construction or development adversely affects the
flood-carrying capacity of the area of special
flood hazard.
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Sec. 4. Information to be Obtained and Maintained.
The Chief Engineer shall obtain and maintain for public
inspection and make available as needed for flood insurance
policies:
(1) The Flood Insurance Study, Flood Boundary and
Floodway and Flood Insurance Rate Maps for the
County;
(2) The certified elevation of the lowest habitable
floor;
(3) The flood-proofing certification for spaces below
the base flood level in non-residential structures;
(4) The certified final pad elevation where the site
is filled above the base flood level;
(5) The certification that an encroachment in the
floodway will not result in any increase in flood
levels during base flood discharge; and
(6) The certification of elevation and structural
support for structures in the coastal high hazard
(i.e., tsunami) area.
Sec. 5. Interpretation of Maps.
The Chief Engineer shall make interpretations where
needed as to the exact location of the boundaries of the
areas of special flood hazards.
Sec. 6. Use of Other Base Flood Data.
When base flood elevation data has not been provided by
the Federal Insurance Administration, the Chief Engineer may
obtain and shall review and reasonably utilize any base
flood elevation data available from a federal, state, or
other sources, in order to administer this chapter.
ARTICLE 4
Construction and Development Standards
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Sec. 1. Flood Fringe.
The flood fringe areas are identified on the FIRM's as
AO to A30 Zones.
Sec. 1.1. Anchoring.
All new construction and substantial improvements in a
flood fringe area shall be anchored to resist flotation,
collapse, or lateral movement of the structure.
Sec. 1.2. Construction Materials and Methods.
All new construction and substantial improvements in a
flood fringe area shall:
(1) Be constructed with materials and utility
equipment resistant to flood damage.
(2) Be constructed, using methods and practices that
minimize flood damage.
Sec. 1.3. Landfill.
Landfilling which would result in the blockage or
impedient of flow in a natural waterway and induce or
aggravate flooding in a flood fringe area shall be
prohibited. Landfilling may only be permitted where the
landfill
(1) Is flood-proofed so that below the base flood
elevation the structure is watertight with walls
substantially impermeable to the passage of water;
and
(2) Has structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy.
Sec. 1.4. Elevation and Flood-Proofing.
(a) Residential Structures. All new construction and
substantial improvements of residential structures in a
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flood fringe area shall have the lowest habitable floor,
including basement, but not including floors used only for
storage purposes, garages, carports, and lanais, elevated to
or above the base flood elevation, or if in an AO Zone with
no depth number specified on the FIRM, the lowest habitable
floor shall be elevated to one foot above the crown of the
nearest street.
(b) Non-Residential Structures. All new construction
and substantial improvements of non-residential structures
in a flood fringe area shall either:
(1) Elevate the lowest habitable f
basement, to or above the base
if in an AO Zone with no depth
the FIRM, the lowest habitable
to one foot above the crown of
or
1oor, including
flood elevation or,
number specified on
floor be elevated
the nearest street;
(2) Together with attendant utility and sanitary
facilities, be flood-proofed so that below the
base flood level the structure is watertight with
walls substantially impermeable to the passage of
water and have structural components capable of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
Sec. 1.5. Water and Sewer.
(a) All new and replacement water supply and sanitary
sewage systems in a flood fringe area shall be designed to
minimize or eliminate infiltration of flood waters into the
system and discharge from systems into flood waters.
(b) On-site waste disposal systems in a flood fringe
area shall be located to avoid impairment to them or
contamination from them during flooding.
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Sec. 1.6. Certification by Engineer or Architect.
Building plans for new construction and substantial
improvements in a flood fringe area shall be certified by a
registered professional structural engineer or architect
that the new construction is designed in compliance with the
requirements of this chapter. The elevation of the lowest
habitable floor shall also be certified by a registered
professional civil engineer or surveyor in the building
plans for new construction or substantial improvement.
Prior to the issuance of the certificate of occupancy or
prior to actual occupancy of any structure, the contractor
or builder for the new construction or substantial
improvement shall certify that the lowest habitable floor
was elevated in accordance with the building plans and shall
submit such certification to the Chief Engineer.
Sec. 2. Floodway.
The floodway, identified on the FBFM's, is the water
course reserved to discharge the base flood.
Sec. 2.1. Development Standard.
Encroachments, including fill, new construction, and
substantial improvements of structures, are prohibited in
the floodway unless certified by a registered professional
civil engineer, with supporting data, that the encroachment
will not adversely affect the capacity of the floodway and
increase base flood elevations during the occurrence of the
base flood discharge. The following uses, not involving
fill, if deemed not to adversely affect the floodway and
increase base flood elevations, may be allowed:
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(1) Public and private outdoor non-structural
recreational facilities, lawn, garden, and play
areas;
(2) Agricultural uses, including farm, grazing,
pasture, and outdoor plant nurseries; and
(3) Drainage improvements, such as levees, channels,
and stream crossings.
Sec. 2. 2. Construction Standards.
If permitted pursuant to Article 4, Section 2.1, all
new construction and substantial improvements shall comply
with all applicable requirements for the flood fringe area,
Article 4, Section 1 through Section 1.6, and the coastal
high hazard area, Article 4, Section 3 through Section 3.4.
Sec. 2.3. Certification for Development.
A registered professional civil engineer shall certify
that the encroachment, including fill, new construction, or
substantial improvement, will not adversely affect the
capacity of the floodway and base flood elevations.
Sec. 3. Coastal High Hazard (Tsunami).
Coastal high hazard areas, more commonly known as
tsunami inundation areas, are identified as V Zones on the
FIRM's.
Sec. 3.1. Construction Standards.
(a) Construction Materials and Methods. All new
construction and substantial improvements in a coastal high
hazard area shall be constructed with materials and utility
equipment resistant to flood damage.
(b) Elevation. All new construction and substantial
improvements in a coastal high hazard area shall be elevated
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so that the lowest supporting member of the lowest habitable
floor, excluding pilings and columns, is above the base
flood elevation.
(c) Structural Support.
(1) All new construction and substantial improvements
in a coastal high hazard area shall be securely
anchored on pilings or columns.
(2) Pilings or columns used as structural support in a
coastal high hazard area shall be designed and
anchored so as to resist impact and buoyancy
factors of the base flood.
(3) Fill is prohibited for structural support in a
coastal high hazard area.
(d) Enclosure of Space below Lowest Floor with
Breakaway Walls. Space below the lowest floor in a coastal
high hazard area may be enclosed; however, enclosure must
only be achieved with breakaway walls, not part of the
structural support and designed to collapse under stress.
Such enclosed space shall not be used as a habitable floor.
Sec. 3. 2. Landfill.
Landfilling which would result in the blockage or
impedient of flow in a natural waterway and induce or
aggravate flooding in a coastal high hazard area shall be
prohibited. Landfilling may only be permitted where the
landfill
(1) Is flood-proofed so that below the base flood
elevation the structure is watertight with walls
substantially impermeable to the passage of water;
and
(2) Has structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy.
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Sec. 3.3. Water and Sewer.
(a) All new and replacement water supply and sanitary
sewage systems in a coastal high hazard area shall be
designed to minimize or eliminate infiltration of flood
waters into the system and discharge from systems into flood
waters.
(b) On-site waste disposal systems in a coastal high
hazard area shall be located to avoid impairment to them or
contamination from them during flooding.
Sec. 3.4. Certification by Engineer or Architect.
Building plans for new construction and substantial
improvements in a coastal high hazard area shall be
certified by a registered professional structural engineer
or architect that the new construction or substantial
improvement is designed in compliance with the requirements
of this chapter. The elevation of the lowest supporting
member of the lowest habitable floor shall also be certified
by a registered professional civil engineer or surveyor in
the building plans for new construction or substantial
improvement. Prior to the issuance of the certificate of
occupancy, the contractor shall certify that the lowest
habitable floor was elevated in accordance with the building
plans and shall submit such certification to the Chief
Engineer.
Sec. 4. General Flood Plain.
The general flood plain, identified as A Zones on the
FIRM's, are areas of special flood hazards for which
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detailed engineering studies were not done by the Federal
Insurance Administration to determine the base flood
elevations and to identify the floodways.
Sec. 4.1. Determination of Applicable Standards.
All new construction and substantial improvements in a
general flood plain shall satisfy the requirements of
Article 4, Section 1 through Section 1.6, relating to the
flood fringe, or Article 4, Section 2 through Section 2.3,
relating to the floodway, whichever section is determined to
be applicable by the Chief Engineer to the construction or
improvement. The Chief Engineer may reasonably utilize any
information from a federal, state, or other source,
including information requested of the applicant, to
determine base flood elevations and the location of
floodways in the general flood plain.
Sec. 4.2. Construction and Development Standards.
Construction and development standards provided in
Article 4, Section 1 through Section 1.6 and Section 2
through Section 2. 3, shall apply to the general flood plain
as determined by the Chief Engineer.
Sec. 4.3. Information to be Provided.
The following information shall be provided by the
applicant for a permit to the Chief Engineer to evaluate the
proposed construction or improvement site in a general flood
plain area:
(1) Project location and site plan showing dimensions.
(2) Relationship to floodway and flood fringe areas as
determined by flood study.
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(3) Contour map showing the topography of existing
ground based on elevation reference marks on flood
maps. The scale and contours are to be
appropriate to the work in question.
(4) Proposed base flood elevation.
(S) Existing and proposed flood-proofing and flood
control measures.
The Chief Engineer may waive any or all of the above
informational requirements if the Chief Engineer has
sufficient information to make an evaluation and
determination regarding flood elevation or may request
further information, including detailed flood studies and
drainage report, to evaluate flood risks and determine the
applicability of flood construction and development
standards.
Sec. 5. Construction of Development Adjacent to
Drainage Facility Outside Identified
Special Flood Hazard Areas.
Sec. 5.1. Subject to Review.
All new construction and substantial improvements
proposed adjacent to a drainage facility outside of the
special flood hazard area identified on the FIRM's or FBFM's
shall be subject to review and approval of the Chief
Engineer. Upon request by the Chief Engineer, further
information concerning base flood, floodway, surface water
runoff, existing and proposed drainage patterns, and other
information, including flood studies, findings, and opinions
by a registered professional civil engineer, shall be
provided to evaluate potential flooding.
-23-
Sec. 5. 2. Development of Construction Standards.
(a) The Chief Engineer shall determine the
applicability of the various development and construction
standards provided in this chapter based upon best
information available from a federal, state, or other
source, including information provided by the applicant.
(b) No drainage facility shall be modified,
constructed, lined, or altered in any way unless approved by
the Chief Engineer.
ARTICLE 5
Development Standards for Subdivisions
within the Special Flood Hazard Areas
Sec. 1. Standards.
All subdivisions within the special flood hazard areas
shall:
(1) Be consistent with the need to minimize flood
damage;
(2) Have public utilities and facilities, such as
sewer, gas, electrical, and water systems, located
and constructed to minimize flood damage; and
(3) Have adequate drainage provided to reduce exposure
to flood damage.
Sec. 2. Identification of Special Flood Hazards
and Base Flood Elevations in Subdivision
Applications.
All subdivision applications shall identify the areas
of special flood hazards and base flood elevations on the
proposed site. If such information is not provided by the
FIRM's and FBFM's, the Chief Engineer may request and the
applicant shall provide such information.
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Sec. 3. Elevation Information on Approved
Subdivision Plans.
All finally approved subdivision plans for subdivisions
within the special flood hazard areas shall provide base
flood and ground elevations of lots.
Sec. 4. Fill above Base Flood Elevation.
If fill is used to elevate the site of any lot in a
subdivision above the base flood elevation, the final ground
elevation of the pad shall be certified by a registered
professional civil engineer or surveyor."
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 except under the following circumstances:
(1) Any building permit lawfully issued prior to the
effective date of this ordinance or building
permit application properly filed and accepted for
review prior to the effective date of this
ordinance, provided that approval is obtained
without any significant changes in plans or
specifications made after the effective date of
this ordinance.
(2) Roadway and site improvements for subdivisions for
which tentative approval has been granted prior to
the effective date of this ordinance and where
roadway and site improvement construction and
grading plans have received all necessary agency
approvals by the effective date of this ordinance.
INTRODUC BY:
~.
MEMBER, COU~iTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 21, 1982
Date of Adoption:
Effective Date:
May 5, 1982
May 5, 1982
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..................... .
Hilo, Hawaii
Date: April 21, 1982
FI RSA READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fuj ii X
Hale
Kawahara X
X
.
~
Lai X
Schutte X
Chr. Yamashiro X
7 0 '2
Hilo, Hawaii
Date: May 5, 1982
SECOND & FINAL READING
AYES NOES A/E
Dah lb e rg X
De Luz X
Domingo X
Fujii X
Hale X
Kawahara X
Lai X
Schutte X
Chr. Yamashiro X
9 0 0
Publication Date: Publication Date: 1 1 i
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
,~Pr 8~~~~~~~ ~s t~
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Daf~ ~~A~ ~ 1~V~
un i1 irman
. "~J.
County Clerk
Bill No. 8 (RESED)
` Reference: C-731/PWC-142
M.B. No. a~
Urd. No. ~~~ t
Approved - this_day of
~~ , 19 ~~