HomeMy WebLinkAboutBIL 006 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 6
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10 OF THE HAWAII COUNTY CODE 1983
(1995 EDITION), RELATING TO EROSION A_'~1D SEDIMENTATION CONTROL.
BE IT ORDAINED BY THE COLNCIL OF THE COUNTY OF HAWAII.
SECTION 1. Chapter 10 of the Hawaii County Code is hereby repealed.
SECTION 2. Anew chapter 10 is added to the Hawaii County Code, which shall read as
follows:
Article 1. General Provisions.
Section 10-1. Definitions.
ll Wherever used in this chanter the followingwords shall have the meaning indicated:
"Chief engineer" means the chief engineer department of public works, County
of Hawaii or duly authorized representative.
"Comprehensive conservation program" means guidelines adopted by the soil and
water conservation district containine information for the conservation of soil,
water vegetation and other applicable natural resources for an azea of land.
L?.2 "Conservation~lan" means a plan or document submitted by a landowner or land
user containine information for the conservation of soil, water, vegetation, and
other applicable natural resources for a specific azea of land being proposed or
currently beingimplemented and maintained complvinQ with the comprehensive
conservation program and approved by the soil and water conservation drstnct.
u "Designated historic and archaeological sites" means those sites listed with the
Countygeneral ~an or the Hawaii or National register of historic places.
f,5~ "Engineer" means a licensed professional civil engineer registered m the State of
Hawaii.
~6,~ "Engineer's soils reQort" means a reQort on soils conditions prepazed by an
engineer experienced in the Rractice of soil mechanics and foundations
engineering.
"Erosion" means the wearing away of the Pround surface as a result of action by
wind and/or water.
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l~ "Excavation " "cut" or "borrow" means anv act by which soih sand, graveh rock
or any similar material is cut into dug uncovered removed, displaced, relocated
or bulldozed State land use commission and County zoning and other aeencies'
regulations on shoreline improvements are made a part hereof by reference.
"Fill" means anv act by which soil sand gravel rock or anv other material is
deposited placed pushed dumped pulled transported or moved to a new
location State land use commission and County zoning and other aeencies'
regulations on shoreline improvements aze made a part hereof by reference.
"Gradino" means env excavation or fill or anv combination thereof.
u "Grubbing" means any act by_which vegetation including trees, timber, shrubben'
and~lants is removed dislodged uprooted or cleazed from the surface of the
..rg ound.
L12~ Historic Preservation Office" means the office of historic preservation with the
d~artment of land and natural resources, State of Hawaii.
"Land surveyor" means a person duly licensed as a professional land surveyor in
the State of Hawaii.
1~ "Overburden" means a soil material overlaying another eeologic formation.
"Petmittee" means 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.
16 "Plasticity" means th~ropertv of a soil which alloy: s it to be deformed beyond
the point of recovery without cracking or appreciable volume change.
l~ "Sedimentation" means the deposition of erosional debris-soil sediment displaced
b_y 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.
~18~ "Soil and water conservation districts" means the lea] subdivisions of the State
of Hawaii authorized under chapter 180 Hawaii Revised Statutes.
"Stockpiling" means the temporary storage of soil sand gravel rock or other
similar material in excess of five hundred cubic yards upon anv premrses for the
pumose of usin the material as fill material at some future time.
Section 10-2. Hazardous conditions.
1~ V~'henev er the chief engineer determines that anv existing excavation fill grubbine or
stockpiling has become a hazard to~ropertv 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 grubbine or stockpiling is located or other person or agent m control of
sai property upon receipt of notice in writing from the chief enginee* s'.:all wit}:in the
period specified therein repair or eliminate the hazard and be m __;.~ormance wrth the
r~uirements of this chapter.
jbd The chief engineer or duly authorized representatives are hereby authorized to enter anv
propem to determine or to enforce the provisions of this chapter.
Section 10-3. Exclusions.
All work in this section must conform to the provisions of section 10-~7 and chapter 27,
flood control of the Hawaii County Code to be considered for exclusion.
ll This chapter shall not apply to the following:
'vlining or guaming operations regulated by other County ordinance or
~overrimental a eg ncies
Grading within the building lines For basements and footings of a buildine.
retaining wall or other structure authorized by a valid buildine permit, or
excavations and backfill for cesspools and septic systems authorized by the State
department of health.
Gradine and grubbing on individual cemetery plots.
Sanitary filling and oQeration of rubbish dumps.
Agricultural operations including ranching incidental to or in coniunction with
crop or livestock~roduction and all other operations that are m conformance with
soil conservation practices acceptable to the applicable soil and water
conservation district directors and in accordance with their standard plans and
~ecifications and an actively pursued comprehensive conservation program.
providing:
f AZ Such operations do not alter the general and localized drainage patterns
with respect to abutting properties.
~ A conservation plan for the affected properties acceptable to and approved
b the a licable soil and water conservation district directors is filed with
the soil conservation district.
~ The conservation plan with appropriate modifications is reviewed and
re-approved by the soil and water conservation distnct directors
periodicall~ut not less than once every five veazs.
Noncompliance by the applicant of the conservation plan by the soil and water
conservation district directors will result in the enforcement of the violation
provisions of this chapter.
f6~ Excavation which does not unreasonably alter the general drainage pattem with
r~ect to abutting properties which does not exceed one hundred cubic yazds of
material on any one site and does not exceed five feet in vertical height at its
highest point provided that the cut meets the cut slopes and the distance from
propertk~~*ies requirements in article 3 of this chapter.
Fill which does not unreasonably alter the general drainage pattem with respect to
abutting properties which does not exceed one hundred cubic vazds of matenal on
an_v one site and does not exceed five feet in vertical depth at rts deepest point.
rovided that the fill meets the fill slopes and distance from property lines
~;uirements in article 3 of this chapter.
u tubbing which does not unreasonably alter the general and localized drain~e
attem with res ect to abuttin ro erties and does not exceed a total azea of one
acre.
u Exploratory excavations not to exceed fifty cubic yards under the direction of an
engineer for thepumose of subsurface investtgahons required by the chief
en ineer and provided that the chief en weer has been advised m wntme prior to
the start of such excavation.
1~0,~ Clearing excavation and filling required in coniunction with the installation of
pole lines by electric telephone and public utilities.
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11 Work within a County rieht-of--way or an isolated and/or self-contained
government controlled azea regulated by other County Hermits, ordinances or
other govetmmental agencies.
Emerpency_,operations by the County State or other eovermmental aeencies for
the protection of the public and community.
Cutting or bulldozin~of trails for survey boundary lines and access for soil
e~loration equipment.
Section ]0-4. ComQletioH by Counri: recovery of cost.
~ In the event that any roerrrrittee under this chapter fails to:
Comply with all the terms and conditions of the permit to the satisfaction of the
chief eneineer; or
Complete all of the work authorized under the permit within the time limit
specified in the roermit or
u Comply with all sroecial rorecautions enumerated in section 10-25 and with all the
requirements of the chief engineer Qursuant to section 10-25; or
Comply with the order of the chief eneineer to take corrective action: or
I51 Proceed under section ] 0-16(bh within thirty days after a petmrttee has been
served with written notice thereof either by mail or persona] service, the chief
eneineer may order the p_etrr»ttee to be prosecuted as a violator of the rorovisions
of this chanter and may order the department of public works, or by emereencv
contract work to proceed with the work specified in such notice A statement of
the cost of such work shall be transmitted to the office of the corooration counsel
who shall cause the same to be paid in addition to all Henalties and fines in
conformance to section 10-8 Such cost will all be chazged to the permittee,
contractor and/or owner of the premises involved.
The County may enforce payment of such cost in any manner provided by law, including
proceedings under chapter 507 part II Hawaii Revised Statutes For the purooses of the
operation of part II of chapter 507 Hawaii Revised Statutes the permrttee shall be
deemed to come within the definition of "owner" as defined in Bard chapter: the Counri
shall be deemed to come within the definition of"general contractor" as defined in that
chapter and the execution of work specified in the notice shall be deemed a contract
between the permittee and the County.
~ If the p_ermittee contractor or owner of the p_ropertv to whom a notice is eiven fails to
correct the violation within ten days from the date of mailing the chief enein: may
correct the hazardous condition at the expense of the permittee contractor andior owner.
If the permittee contractor or owner fails ne~ects or refuses to take corrective action or
to pay the County the expenses incurred within thirty days, the Coun~ _mav place a lien
on the owner's propertyfor the expenses incurred. in add.' :o al] pena;:~es and fines in
conformance to section ] 0-8 The chief eneineer may place a notice of noncompliance,
throueh the State department of commerce and consumer aff _~*s office on the responsible
contractor's license and/orplace a lien on the contractor's license business or eouipment.
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Section 10-5. Waivers.
In all applicable cases if a permittee supported by accompanied eneineer's report finds
that strict adherence to the provisions of this chanter causes undue hardship or practical
difficulty the petmittee may seek waivers in writine from these provisions and the chief
eneineer may Brant a waiver in writine with conditions if the permtttee finds that the request
will not likely create anv problems to the ad~oinin~properties nor endaneer anv life or limb nor
be in conflict with existine ordinances and statutes.
Section 10-6. Appeals.
Anv person aeerieved by the decision of the chief eneineer in the administration or
application of this chapter may within thirtv days after the chief enemeer's dectston, appeal the
decision to the boazd of appeals The board of appeals may affirm the dectston of the_ chief
engineer or it may reverse or modify the decision if the decision ts:
~ In violation of this chapter or other applicable law; or
Clearly ettoneous in view of the reliable probative and substantial evidence on the
whole record: or
~ Arbitrazv or capricious or characterized by_an abuse of discretion or clearly unwarranted
exercise of discretion.
The boazd of appeals shall adopt rules pursuant to chapter 91 Hawaii Revised Statutes
necessazv for thepurooses of this section.
Section 10-7. Liabili
The Rrovisions of this chapter shall not be construed to relieve or alleviate the liability of
anv person for damages resulti~ from performing or causine to be performed, anv eradinQ,
grttbbine or stockpiline operation The chief eneineer or anv employee chazeed with the
enforcement of this chanter acting in Bond faith and without malice for the County m the
dischazee of their duties shall not thereby render themselves liable personally and they are
hereby relieved from allpersonal liability for an~r
damage that may accrue to persons or property
as a result of anv required act or omission in the dischazee of their duties.
Section 10-8. Violations aad penalty.
jai No person shall do anv act forbidden or fail to perform env act required by the provisions
of this chapter.
f
b~ The failure to comply with the requirements set forth under the provisions of this chapter
shall be deemed a new offense for each day of such noncompliance.
~ Anv person violatine anv of the provisions of this chapter shall upon conviction
be
punished by a fine not to exceed $1 000 or by imprisonment not to exceed thirtv daYS or
both for each offense.
R eat ffenders. An erson who is convicted for a violation which occurs within five
years of a prior conviction under this chapter shall be punished by a fine not less than
$1 000 but not exceeding ~5 000 or by a term of tmpnsoriment not exceedme sixty days,
or by both for each offense.
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Article 2. Permits.
Section 10-9. Required.
jai Except as excluded in section 10-3:
No gradin¢ work shall be commenced or performed without a rg adin~petmit.
u No urg bbing work shall be commenced or performed without a erubbine permit
except where ~rubbine concerns land for which a eradingpermit has been issued.
No stockpiling work shall be commenced or performed without a stockpiling
permit.
No rgadinfl grubbing, or stockpiline Hermit shall be issued without the chief eneineer's
review in consultation with the planning d~artment and the historic preservation office,
of the applicant's compliance with the County eeneral elan or with chapters 6E 205
205A and 343, Hawaii Revised Statutes.
Section 10-10. Aoolication.
u An applicant for a eradin~grubbine or stockpiline pennit shall first file an~plication
on a form furnished by the Countv department ofpublic works. Each application shall:
1_1_1 Describe by tax key number or street address the land on which the proposed
work is to be done
j2~ State the estimated dates for the starting and completion of the proposed work;
and
Show the name of the permittee and owner includine eneineer, if applicable, who
shall be responsible for the work to be performed b} the permittee and/or
contractors and employees and for requestin to he inspections required herein
1~ Each application for a erading permit shall also be accompanied by three sets o~lans
and specifications, if applicable, includine:
Ll.l For all areas:
A vicinity sketch or other data adequately indicating the site location;
Boundary lines of thepropertv on which the work is to be performed;
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 buildingor structure on land of adjacent property
which is within fifreen feet of the property to be graded when the grading
may affect the buildings structures or designated historic and
archaeological sites;
Contours showing the topography of the existing ground and extending
five feet into adiacent property when required by the chief eneineer. T;«
scale and contour are to be appropriate to the work in question;
Elevations dimensions location extent and the slopes of all proposed
erading shown by contours and other means;
~ The area in square feet of the land to be graded and the quantities of
excavation and fill im•olved Show separately Quantities for excavation
within and outside of building lines: and
Any additional plans drawings or calculations required by the chief
en lg.neer.
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hl For gradingof areas of more than fifteen thousand square feet or land areas sloped
greater than fifteen percent a contour map prepared by an engineer or land
surveyor and approved by the chief eneineer and showing the contours and ele-
vations of the land before and after the completion of the proposed grading. This
map shall include the location of existing lazee trees desienated historic and
azchaeological sites and definable rock outcroppings lava tubes, detailed plans,
and specifications of all drainage devices and utilities, including bank protection,
walls cribbing dams silting or sediment basins landscapine screen planting
erosion control plantine or other protective devices to be constructed in
connection with or as a part of the proposed work to¢ether with a map showing
the drainaee area and estimated runoff of the azea served by anv drains.
L1 Where a proposed cut or fill is Beater than fifteen feet in height, or on land with
slopes exceeding fifteen percent in an azea with high plasticity soils, or when anv
fill is to be placed over a swamp,_pond gully or lake the pennittee shall submit
an engineer's soils report which shall include data regazding the nature,
distribution and strength of existing soils and substantiating data from an engineer
regazding the safet~f the proposed grading the fill and the material to be used,
and describing the cut sections showing the height cut slope, benches, and
material composing the cut bank.
~ An applicant for a grubbing permit shall famish three sets of plot plans showing the
location the ~opertv boundaries and anv other pertinent information as may be required
b_v the chief eneineer Grubbing or land clearing by bulldozer for the puroose of making
topoazaphic survev shall not be permitted without an authorized grubbine penntt. No
permit will be required fot cutting or bulldozing of trails for survev boundary lines and
access for soil exploration a ui inept.
An applicant for a stockroiling,permit shall furnish three sets of plot plans showing the
property lines and the location of the proposed stockpile ouanttttes height of stockpile,
duration of stockpile source and type of the material to be stockpiled and furnish anv
other pertinent information as may be required by the chief engineer to control the
creation of dust drainage or sedimentation problems The plot plan for stockrotltng shall
be approved by the chief eneineer.
Section 10-11 Compliance and Distribution.
~ The applicant for a grading grubbing or stockpiling permit shall first check the
application for form and compliance with the department of public works as required
under section 10 10 If the application is not found to be m compliance. ~t shall be
reiected and returned to the applicant.
After the application has been preliminarily accepted by the deroaztment of public
works the applicant shall be responsible for forwazdinp the application to the County
plannin department and the historic preservation office tf applicable for then review
and approval The County planning department and the htstonc preservation office shall
review the application for compliance under section 10-9(bl.
The applicant shall then be responsible for fotwazdtng the application to the
department of public works for their review.
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Anv agency to which the~plication is referred shall have thirtv calender davs from the
date of receipt of the application to submit any comments, conditions, or approvals to the
d~artment of public works for its review and consideration. If no action (approval,
disapproval, deferral, or modification) is taken by the chief engineer within thirtv
calender davs after forwazdin t@ he application to the department of public works. the
permit shall be deemed approved.
Sectiou 10-12. Fees.
~ Before issuine a gradingpermit, 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 Permit Fee
0 - 100 cubic yazds X10
101 - 1,000 cubic yazds $10 for the first 100 cubic yazdsplus $5 for
each additional 100 cubic yards or fraction
thereof.
1,001 -10,000 cubic vards $50 for the first 1,000 cubic yardsplus $5
for each additional 1.000 cubic vards or
fraction thereof.
10,001 cubic yazds or more $100 for the first 10,000 cubic vazds plus
$5 per 1.000 cubic yazds or fraction
thereof.
fb~ Before issuing a grubbingperrrrit, the chief engineer shall collect a permit fee of $10 for
erubbing in excess of one acre. plus $5 for each additional five acres or fraction thereof.
~ Before issuing a stockpilingpermit the chief engineer shall collect a permit fee of $10 for
stockpiling in excess of the first five hundred cubic a~plus $5 for each additional one
thousand cubic vazds or fraction thereof.
u Where work for which apermit is required by this chapter is started or proceeded prior to
obtaining the permit, the fees specified shall be ten times the fee, but the payment of such
fee shall not relieve anyperson from fully compl~g with the requirements of this chapter
in the execution of the work nor from any other penalties prescribed herein.
~ When gradin~grubbine or stockpilin is performed by or on behalf of the County. State,
or Federal government, the chief engineer may waive the collection of any permit fee
reouired in subsections (al. (bl. and (c above.
lll Allpermit fees shall be made payable to the director of finance C'~u^±~ ^f Hawaii and
submitted to the department of public works for deposit into the general fund.
~ Permit fees for which inspection fees are paid in conformance to chapter 23 subdivisions
of the Hawaii County Code, shall be a sum amount of 0.
Section 10-13. Conditions and limitations.
i`i The issuance of a gradin,gpermit 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.
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Permits issued under the requirements of this chapter shall not relieve the owner of
responsibility for securine required permits for work to be done which is reeulated by anv
other code d~artment or division of the eovernine aeencv.
~ In erantine an~permit. the chief eneineer may attach such conditions as maybe reasonably
necessary to prevent creation of nuisances or hazards to public or private property, health
or
welfare Such conditions may include but shall not be limited to:
Improvements of anv existine eradine to bnn~ tt up to the standards of this chapter,
Re uirements for fencin of excavations or fills which otherwise would be hazardous
Scree~lantine landscapine erosion control plantine or other treatments to maintain
good appearance of eraded azea and reduce the detnmental impact on adtacent
properties of the community:
u Cleani~ up the area: and
Days and hours of operation as noted in section 10-28.
Notwithstanding the provisions of this chapter neither the application for nor the issuance
of a retroactive germit shall relieve any person from civil or cnmmal penalties for violation
of this chapter.
Section 10-14. Expiration.
~ Every eradingor erubbine permit shall expire and become void unless the work permitted
herein is started within ninety days after the date of issuance or within ninety days after the
comQletion date specified thereon but not later than one veaz after the date of issuance.
Extension of time may be granted if in the lud~rrient of the chief eneineer, the work
authorized under the ermit would not be exceeded. In such cases no additional fee will be
imposed.
Every stockpiline permit shall expire and become void one year after the date of issuance.
All stockpiled material tem~orazily stored on the premises shall be removed from the
premises or used on the premises as fill material under a eradine permit for fill pnor to the
expiration date Extension of time may be granted If m the tudement of the chief eneineer,
the work authorized under the ermit would not be exceeded. In such cases no additional
fee will be imposed.
~ Everyg~ading,,.~rttbbine or stockniling_permit will expire and become void, and no
extension of time may be eranted no later than two veazs after the date of issuance. The
applicant may apply for a new germit and the appropriate fee_wtll be assessed.
Section 10-15. Denial.
~ If the chief engineer finds that the work as proposed by the applicant is likely to endaneer
an roe or ublic wa or structure or endan er the ubhc health or welfare the chief
eneineer shall deny the eradine erubbine or stockpiline permit. Factors to be considered in
determiningprobability of hazazdous conditions shall Include but not be ltmtted to, possible
saturation of the ound b rains earth movements eolo tcal or flood hazazds undesirable
surface water nmoff subsurface conditions such as the stratification and faultine of rock
and the nature and twe of soil or rock.
Failure of the chief eneineer to observe or reco~ rtize hazazdous conditions or failure to deny
the~adine erubbine or stockpiline permit shall not relieve the permtttee from bem
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responsible or cause the County its officers or agents to be held responsible for the
conditions or damages resulting therefrom.
Section 10-16 Suspension or revocation.
~ The chief engineer may in writing suspend or revoke a permit issued under the provisions
of this chapter whenever:
The permit has been issued on the basis of incorrect or insufficient information
sup
lpp ied bathe Qennittee;
u Th~ading~erubbine or stockpiling is not beine performed in accordance with the
terms conditions and provisions of the permit: or
The erading,grubbine or stocl~iling discloses objectionable or unsafe conditions
When a permit has been suspended or revoked the permittee may submit detailed plans and
proposals for compliance with the.provisions of this chapter and for correcting the
objectionable or unsafe conditions The chief engineer upon approval of such plans and
proposals may authorize the permittee in writing to proceed with the work.
~ V~'hen a permit has been suspended or revoked and the permittee fails to take corrective
action specified above within thirty calendar days and afrer proper notice to the permittee
the department of ppblic works may correct the deficiencies and the permittee shall be liable
for al] costs thereof.
Section 10-17 Construction prohibited prior to grading.
No construction of anv structure upon the premises involved shall be permitted until the
chief engineer has received the notice of completion that the arg ding grubbine or stockpile work
has been completed in accordance with the grading permit.
Sectiop 10-18. Inspections.
~ Each permit issued under this chanter shall be deemed to include the right of the chief
engineer to enter upon and to inspect the gradin grubbing or stockpiling operations.
Thepermittee shall notifv the chief engineer at ]east two working davs before the permittee
begins anv grading grubbing or stockpiling A copy of the permit approved plans and
specifications for gradin grubbing or stockpilingshall be maintained at the site durine 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 evading. grubbine. or stockpiline
permit the chief engineer may stop the grading~g bbing or stockpiline until revised plans,
based upon the existing conditions are submitted by the permitter- and approved by the
chief engineer Approval or disapproval of applicant's revised pear, shall made within
fourteen davs from the date of receipt by the chief eneineer.
u If the chief engineer finds that the work is not beine done in conformance with this chapter
or the plans and specifications approved by the chief eneineer the chief eneineer shall
immediately notifv the person in charge of the work of the nonconformity and immediately
notifv the responsible ~artv of need for corrective measures m be taken Grading. erubbme,
or stockpiline operations shall cease until corrective measures satisfactory to the chief
eneineer have been taken.
When a permittee has been sen~ed with a v~ritten notice either by mail or personal sen~ice,
for failure to comply with any_provision of this chapter or when a permittee has had a
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p_etirtit suspended or revoked by the chief engineer the permittee and anv person connected
with execution of the work authorized bathe permit shall be denied a eradine, erubbine, or
stockpiline permit for such work until the permittee has complied and initiated action
sa[isfactorv to the chief eneineer to comply with the provisions of this chanter.
article 3. Conditions and Specifications.
Section 10-19. Conditions of permit.
ll The reguirements of this section may be waived by the chief eneineer after the petmittee
submits an engineer's soils report substantiatine data reearding the stability of the cut or fill
slopes without comp~ine with any of the requirements therein.
Height Where a cut or fill is erea[er than fifteen feet in height, terraces or benches
shall be constructed at vertical intervals of fifteen 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 eight feet or as determined by the chief eneineer, based upon the twe
of material encountered and shall have suitable drainaee provisions to control erosion
on the slope face.
j2~ Cut Slopes Under the followine soil conditions, no cut may be steeper in slope than
the ratio of its horizontal to its vertical distance as shown below:
horizontal to 1 vertical in unweathered rock;
1 %z 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 five feet in vertical
depths Slopes for cuts exceedingthis depth shall be as recommended in the eneineer's
soils report.
f
3~ Fill Slimes Under the followine soil conditions no fill may be steeper in slope than
the ratio of its horizontal to its vertical distance as shown below:
1'/z horizontal to 1 vertical in rock and soil mixture:
2 horizontal to 1 vertical in low plasticity soils;
3 horizontal to 1 vertical in hieh plasticity soils for fills up to five feet in vertical
height Slopes for fills exceedine this height shall be as recommended in the eneineer's
soils report.
Section 10-20 Distauce from orouertX line of cut or fill slope.
f al The horizontal distance from the top_of a cut slope or the bottom of a fill slope to the
adioiningproperty line shall be as follows:
Height of Cut or Fill Distance from Property Line
in feet
Zero feet to 4 feet ?
More than 4 feet to 8 feet 4
More than 8 feet to 15 feet 6
More than 15 feet $
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These requirements may be modified by the chief engineer when cuts or fills aze
supported by retainine walls, approved by the department of public works, or when the
permittee submits an engineer's soils report stating that the soil conditions will permit a
lesser horizontal distance without causing damage or danger to the adLiningpropertv.
fb~ A retainine wall of six feet and over shall be desi ng ed by a licensed professional civil or
structural engineer, or architect, in accordance with the Uniform Buildine Code, as adopted
by the County building department. Setback requirements of the County zoning ordinance
are referenced herein and the State land use commission and Coun zoning ordinance and
other aeencies' requirements on shoreline improvements shall be complied with.
Section 10-21. Maximum cleared area.
The maximum azea of land that may be cleazed for erading or grubbing is twenty acres. The
area of land that may be cleazed may be increased or reduced by the chief engineer to control
pollution and minimize storm damage. Additional area shall not be cleared for grading or
grubbing until measures to prevent dust or erosion problems in the azea already graded or
grubbed have been completed.
Section ] 0-22. Fill materials.
The fill material may consist of rock, gravel, sand, soil, or a mixture thereof. Except for
slimes, the fill shall be compacted to ninetypercent of maximum density as determined by the
ASTM soil compaction test D1557, as amended. The chief engineer may require, at the
permittee's expense compaction control substantiated by test results by an engineer qualified to
prepare an engineer's soils report These requirements may be modified by the chief engineer if
the pernittee submits an engineer's soils report substantiating with appropriate investieation and
analysis that the required ninetypercent compaction density may be lowered without causine
excessive settlement, creep, or stabilityproblems.
Section 10-23. Preparation of eround surface; vegetation.
u Before placing fill or stockQling, the natural eround surface shall be prepared by removine
the vegetation and if required by the chief e~ineer shal] be keyed by a series of benches.
No fill shall be placed over any water spring, marsh, refuse dump, nor upon a sogg}_or
~ringy foundation provided that this requirement may be waived by the chief en ing eer if
the permittee submits an engineer's soils report substantiating data re ag rding the safet~f
the fill.
V~'henever feasible natural vegetation should be retained. If removed, trees, timber, plants.
shrubbery and other vegetation afrer being_uprooted displaced or dislodged from the
ground by excavation clearing~or bbing~hall not be stored or deposited along the
banks of any stream river or natural water course. Afrer 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 months. Exceptions providing for burial in open
areas may be allowed as determined by the chief engineer. Anv burial of vegetation may be
considered as grading and a grading permit may he required
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Section 10-24. Report after grading; notification on completion.
~ When gradine involves cuts or fills for which an eneineer's soils report is required, the
permittee shall submit a report summarizine the construction technique and inspection data
as well as a statement reeardine conformity to this chapter and the project specifications.
Failure to submit this report shall be deemed a violation of the provisions of this chapter.
lUl The perrrrittee shall notify the chief enu~ineer when the r>:~dine operation is ready for final
inspection Final approval shall not be given until all work includine installation of all
drainage improvements and their protective devices have been completed and a certificate
of completion has been eiven by the department of public works. Failure to get this
certification shall be deemed a violation of the provisions of this chapter.
Should there be any surolus of graded material in excess of the minimum provisions of this
chapter the permittee shall specify to the department of public works where this material
will be properly disposed The proper disposal of this material shall be in conformance to
the provisions of [his chanter Failure to do so will be deemed a violation of the provisions
of this chapter.
Section 10-25 Saecial conditions and requirements.
u Anv person performing_or causing to be performed an excavation or fill shall, at his own
e~ense provide the necessary means to prevent the movement of earth of the adjoining
properties to protect the improvements thereon and to maintain the existine natural grade
of adjoiningproperties.
u Anyperson performing or causing_to be performed any excavation or fill shall be
responsible for the maintenance or restoration of street pavements, sidewalks, curbs, and
improvements of public facilities which may be affected. The maintenance or restoration of
street pavements sidewalks and curbs shall be performed in accordance with the
requirements of the County and the maintenance and restoration of improvements of public
facilities shall be in corformity with the standards of the department of public works
~ Anv person depositing or causing_to be deposited any silt or other debris in ditches, water
courses drainage facilities and~ublic roadways shall remove such silt or other debris. In
case such person shall fail neglect or refuse to comps with the provisions of this section
within twenty-four hours after verbal notice the chief engineer may proceed to remove the
silt and other debris or to take another action the chief engineer deems appropriate. The
costs intoned for any action taken by the chief engineer shall be paid by such person or
their surety Failure to,pav the costs incurred shall be deemed a violation of the provisions
of this chapter.
At any stage of the erading, grubbing or stockpiling_work if the chief engineer finds that
further work as authorized by an existine permit is likely to create soil erosion problems or
to endan ee
r an~life limb or property the chief engineer may require safety precautions
which may include but shall not be limited to the construction of more eradual slopes, the
construction of additional siltine or sediment basins drainage facilities or benches, the
removal 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 the plantin¢ and sodding of slopes and baze areas and the performance of additional
soil compaction All planted or sodded azeas shall be maintained An irrigation system or
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waterin facilities maybe required by the chief engineer. Failure to incorporate these
chanties shall be deemed a violation of the provisions of this chapter.
l~ At anv stage of the grading. erubbing, or stockpiling operations, if the chief engineer finds
that further work as authorized by an existi~,,permit is likely to create dust problems which
may_jeonazdize health property or the public welfare the chief engineer in consultation
with the State department of health under section ] 0-29, may require additional dust control
precautions and if these additional precautions aze not effective in controllinti dust, may
stop all operations. These additional dust control measures may include such items as
sprinkling water applvinti mulch treated with bituminous material, or applvin he ydro
mulch Failure to incoroorate these chanties shall be deemed a violation of the provisions of
this chapter.
Section 10-26. Drainage.
~ Adequateprovisions shall be made to event surface waters from damaging the cut face of
an excavation or the slopinti surfaces of a fill. All drainage provisions shall be designed to
carry surface waters to a street storm drain, natural water course. or other azea, approved by
the chief engineer as a safe place to deposit and receive such waters. The chief engineer may
require such drainage structures and nines to be constructed or installed, which in the chief
entiineer's opinion aze necessary to prevent erosion damage and to satisfactoril c~arr~f
surface waters.
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 Qits, gullies. holes, or similar
depressions which may create a hazazd or nuisance.
~ The flow of anv existing_and known natural underground drainaee shall not be impeded or
changed so as to cause dama
e~an~propertv.
Section 10-27. Erosion and sedimentation control.
~ All rg
adinti grubbing and stockpilingpermits and operations shall conform to the erosion
and sedimentation control standards and ,vuidelines established by the department of public
works in conformity with chapter 180C of the Hawaii Revised Statutes.
obi In the event that an azea is more than one acre or a cut or fill is ereater than fifteen feet in
heitiht in addition to the requirements of this chapter a drainaee and erosion control plan
shall be submitted for approval to the department of public works prepared by an engineer
Hydraulic and h d~ology calculations shall be based on standazds approved by the
department of public works.
Section 10-28. Hours of operation.
No erading~tirubbine or stockpiling_work shall be done on Saturdays Sundays, and
holidays without prior approval in writine. from the department of public works. Gradine,
rue bbina or stockpiling work on normal workine days shall be between the hours of 800 a.m. to
430 p.m.
Section ]0-29. Water noise and air pollution control.
All eradingL~subbine or stockpiline activities shall conform with the applicable provisions
of the Hawaii Administrative Rules, title 1 I. chapter 55, water pollution control, and
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chaQter 54 water qualitystandards and to the erosion and sediment control standards and
euidelines.
All eradine erubbine or stockQilin~activities shall conform with the applicable provisions
of the Hawaii administrative rules title 1 I chapter ~ib community noise control
~ All gradine erubbin~or stockoiline activities shall conform with the air pollution control
rules of the State department of health Hawaii Administrative Rule 11-60.1, fuettrve dust.
SECTION 3. New material is underscored. [n printing this ordinance, the underscoring
need not be included.
SECTION 4. If any provision of this ordinance, or the application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
II~~RODUCED BY:
\\G~ ~2
COUNCIL MEM R, TY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCfi Comm. 18
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