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HomeMy WebLinkAboutREP PWC 253 05/24/1988 1984-1988 REPORT OF THE Lui'lMITTEE ON PUBLIC WORKS DATE: May 24 , 1988 PLACE : Councilroom TIME: 1: 30 p .m . Chairman and Members Hawaii County Council Hilo , Hawaii 96720 Your Committee on Public Works to which was referred Communication /No . 1580 and its attached Bill No . 536 , reports as follows: Bill 536 proposes to amend Chapter 27 of the Hawaii County Code 1983 , relating to flood control . At one level , the purpose of the bill is to comply with new Federal Emergency Management Agency (FEMA) rules to continue the County 's participation in the National Flood Insurance Program (NFIP) and eligibility for future federal financial assistance for flood-prone areas . At another level , the purpose of the bill is to provide for greater safety in flood zones by making stricter requirements for new construction and substantial rehabilitation . Your Committee on Public Works has reviewed Communication 1580 from the Chief Engineer which highlights the amendments and comments that the practical applications of the amendments are not considered significant or overly burdensome . The letter summarizes the changes as follows: A more stringent level of criteria must be demonstrated in granting of variances - "the hardship must be exceptional , unusual , and peculiar to the property involved . " Explicit prohibition of machinery or equipment , which services a building, below the designated flood elevation . Sturdier structural support system resulting from building components designed and constructed to resist concurrent wind and wave forces in Coastal High Hazard or Tsunami areas . Specific design criteria for breakaway wall construction , also in Coastal High Hazard or Tsunami areas . Other extraneous revisions for specificity or clarity purposes . The letter also states that a draft of Bill 536 was submitted to FEMA for advice and consent . Your Committee understands that the bill has been developed to comply with FEMA National Flood Insurance Program and Related Regulations as revised on October 1 , 1986 . PWC REPORT :LO . 253 ADOPTED : JUN 11988 PWC-253 Page 2 May 24 , 1988 On April 26 , 1988 your Committee heard Robert Yanabu, Engineering and Survey Division head , testify as follows: 1 . The draft bill was submitted to the FEMA regional office in San Francisco and to the Department of Land and Natural Resources , Division of Water and Land Development . 2 . FEMA approved the bill . A Committee member commented that the [ flood insurance] law requires people who want to build in a place designated as a flood zone to hire an engineer to do surveys to show there is no flooding prior to obtaining a building permit . Robert Yanabu testified that most of Hamakua, especially Honokaa, is designated zone A, subject to flooding of undetermined height and this causes a hardship. At the request of the Department of Public Works , the Feds and the State have conducted further studies of Honokaa, Waimea and parts of Hilo. These studies have reduced zone A in the more populous areas to the confines of streams or areas adjacent to streams . The Department plans to ask for additional studies in Honokaa, Waimea and Hilo . The Deputy Chief Engineer stated that the Council could budget funds for the [ flood elevation] study rather than have individual land owners pay for engineering studies . A Committee member asked about the status of flood plain studies and if it is possible to channelize water in Kona to protect some areas . The Deputy Chief Engineer replied that North Kona has five major drainage ways between Kailua town and Keauhou and the only improvement is Hale Halewai Channel . The Corps of Engineers did a study for Kona but concluded that the cost of between $100 million and $105 million per mile to channelize streams was too high for the benefits and the projects wouldn 't be justified under a federal program. The Deputy Chief Engineer stated that the Department addresses the problem of flooding by trying to keep developments out of flood areas and river beds . The Committee Chairwoman noted that the bill needs to be fine tuned later . Your Committee understands that any changes to the bill will have to be approved by FEMA and that there is not enough time to improve the bill , get FEMA approval of the improvements and still meets FEMA' s deadline for compliance . On April 26 , 1988 your Committee recommended passage of Bill No . 536 on first reading by the County Council . • * PWC-253 Page 3. May 24 , 1988 Your Committee Chairwoman brought Bill 536 back to the Committee for discussion of staff concerns on May 24 , 1988 . Staff testified that Bill 536 is stricter than the FEMA regulations regarding variances; lacks any reference to the October 1 , 1986 FEMA regulations; has no purpose section and has some typographical and other minor errors . Staff also testified that making the bill stricter then the FEMA regulations seems to be a policy decision for the Committee staff noted and that people in areas of flooding of undetermined elevation already have a hardship. The Chief Engineer testified that he is aware of legislative staff concerns; will take the concerns into consideration; will prepare another amendment to the flood control ordinance; will submit the amendment to FEMA for approval; and will present the approved amendment to the Committee . Your Committee on Public Works agrees with the purpose of compliance with the FEMA regulations to qualify the County for Federal Flood Insurance and Federal funding and guarantees . Your Committee therefore recommends passage of Bill No . 536 i its present form on first reading by the County Council . 4111dt lb ' M—LE K. LAI , CHA` +'AN /. L/ I / ! yL i ' SELL S . KOKUBU , VICE CHR. FRANK DE LUZ III , MEMBER VAL ' .:, It. r/ r TA —SHI DO INGO, MEMBER S RWOOD R. H. GREENWELL, MEMBER LA TW