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Home My WebLink AboutCOM 1072.002 2012-2014VALERIE T. POINDEXTER Council Member Chair, Committee on Finance Council District 1 Phone: (808) 961 -8828 Fax: (808) 961 -8912 Email: vpoindexter@co.hawaii.hi.us Please find attached Rule 22 of the Planning Department's Rules of Practice and Procedure relating to Water Variance. Please submit this as a communication to support Resolution No. 544 -14 to be heard on the October 14, 2014, Planning Committee agenda. Thank you. VP /sc Att. Hawai `i County is an Equal Opportunity Provider and Employer Comm. N il Vo 7 2 2— Ref. Tv: Ref. Date HAWAII COUNTY COUNCIL County of Hawai `i Hawai `i County Building , 25 Aupuni Street, Suite 1402 Hilo, Hawai `i 96720 DATE: October 13, 2014 TO: J Yoshimoto, Chairperson, and Members of the Hawaii County Council FROM: 'Valerie T. Poindexter, Council Member RE: Planning Department Rules of Practice and Procedure — Rule 22 relating to Water Variance. Please find attached Rule 22 of the Planning Department's Rules of Practice and Procedure relating to Water Variance. Please submit this as a communication to support Resolution No. 544 -14 to be heard on the October 14, 2014, Planning Committee agenda. Thank you. VP /sc Att. Hawai `i County is an Equal Opportunity Provider and Employer Comm. N il Vo 7 2 2— Ref. Tv: Ref. Date Harry Kim .Afal�or o pMY: Ur14 (runic #n of 'Map uj i t FED 15 PLANNING DEPARTMENJ ��rr 't 101 Aupum Street. Suite 3 • Hilo, Hawaii 9620'3043' (808) 961-8288 • FAX (808) 961 -8:42 February 15, 2006 Ms. Connie Kiriu, County Clerk OFFICE OF THE COUNTY CLERK County of Hawaii 25 Aupuni Street Hilo, HI 96720[ Dear Ms. Kiriu: jr 3f SUBJECT: RULE 22 — WATER VARIANCE Christopher J. 'Yuen Director Brad Kurokawa., ASLA t; C LEEDT"r AP Deputy Director Enclosed for filing pursuant to Section 2 -6 of Planning Department Rules and Practice and Procedure are three (3) originals for Planning Department Rule 22 relating to Water Variance. Should you have questions, please contact me or Alice Kawaha at 961 -8288. Sincerely; - J J CHIRSTOPHER J. �YUEN Planning Director CJY:pak Wpwin60 /Pat/Rule 22 -- Water Variance Enclosures BOB Hawaii County is an Equal Opportunity Provider and Employer. PLANNING DEPARTMENT COUNTY OF HAWAII AMENDMENTS TO THE COUNTY OF HAWAII PLANNING DEPARTMENT'S RULES OF PRACTICE AND PROCEDURE. THE PLANNING DIRECTOR OF THE COUNTY OF HAWAI ADOPTS THE FOLLOWING AMENDMENTS TO THE PLANING DEPARTMENT'S RULES OF PRACTICE AND PROCEDURE. SECTION 1. The County of Hawaii Planning Department's Rules of Practice and Procedure is amended by including the following Rule 22 relating to Water Variance. "RULE 22. WATER VARIANCE 22 -1 Purpose and Authority. The purpose of this rule is to provide criteria for the granting or denial of variances from sec. 23 -84 of the Subdivision Code, which requires a water system meeting with the requirements of the Department of Water Supply (DWS). It applies to requests for subdivisions that propose to rely on rain catchment for their water supply, on agriculturally -zoned property. It does not apply to subdivisions that propose to rely on private, non - catchment water systems that do not meet DWS standards. This rule provides more specific criteria to supplement Hawaii County Code (H.C.C.) sec. 23 -15, and is authorized under Hawaii County Charter, sec. 6- 4.2(c) and (e). The variance request must also meet the general requirements of H.C.C. sec. 23 -15. 22 -2 Findings. The Planning Director finds that it is in the public interest to establish criteria for variances from the water supply requirements for subdivisions to use catchment as their water source. The Subdivision Code has required a public water system since 1967, and the General Plan has contained a standard that water systems meet the requirements of the Department of Water Supply and the Subdivision Code. Nevertheless, many variances for catchment have been granted over the years. Such variance requests have many issues in common that should be handled consistently. The water supply requirement exists to ensure that new lots, which ultimately may include homes, have safe water for drinking and fire protection. The Department of Health cautions that catchment systems have had problems with microbial contamination, and with leaching of metals from roofing materials. In some areas, dissatisfaction with catchment systems has led to requests that public funds be spent for wells. Public funds are currently used to provide water from roadside spigots, mostly because of subdivisions on catchment. In low rainfall areas especially, catchment systems may run out of water and owners may have to resort to trucking water. On the other hand, catchment variances allow property owners a way to subdivide property when there is no public water system in the vicinity, and when it would be prohibitively expensive to construct a private water system. f Although the family status of the subdivider cannot be a formal consideration in a variance application, allowing small numbers of lots to be created with water variances facilitates transfer of property to family members. If lots are subdivided to a much lower density and to large lot sizes, some of the concern over the lack of water for fire protection is reduced. When a subdivision involves large numbers of lots, however, the subdivider should put in a water system because it is possible to spread the cost. The Planning Director finds that this rule regarding variances is necessary to ensure that subdivisions created with catchment water are not materially detrimental to the public welfare and do not cause substantial adverse impact to an area's character or to adjoining properties. 22 -3 Eligibility. No property shall be granted a variance from sec. 23 -84 to allow subdivision using catchment if there is a public water system in the vicinity of the property, with available capacity, or if the Department of Water Supply has definite plans to extend the public water system or increase the capacity in a way that will allow subdivision of the property with county water, or if it was the subject of a rezoning ordinance that requires a water system. 22 -4 Minimum rainfall. Except as provided in Rule 22 -6, all lots to be served by catchment shall have an average annual rainfall of not less than 60 ". The annual rainfall can be proven by rainfall records at comparable rain gauges, or by the USGS rainfall map. 22 -5 Maximum Number of Lots. Except as provided in Rule 22 -6, no more than six lots shall be allowed in a catchment subdivision. 22 -6 Exceptions for Large Lot Subdivisions. Exceptions to the minimum rainfall requirement and the maximum number of lots (up to an absolute maximum of twenty lots) may be granted if the subdivision results in lots averaging at least twenty acres in size and averaging at least four times the minimum lot size allowed by zoning. 22 -7 No Further Subdivision by Water Variance Allowed. There shall be no further variance from the water supply requirements to allow later subdivision of lots in a subdivision created with a variance under this rule. The deeds to all such lots shall include a covenant running with the land acknowledging that the lot is suitable for the owner or grantee's needs in its present condition and prohibiting further subdivision of the lot by variance from the water system requirements. 2 r 22 -8 Water Tanks Required. Any dwelling on a lot in a subdivision created with a variance under this rule shall have a water tank with at least 6000 gallons capacity, and a separate tank for fire fighting purposes with at least 3000 gallons capacity. Both tanks shall be supplied by drainage from the dwelling's roof or equivalent catchment area. This requirement shall be contained in a covenant running with the land. 22 -9 Support for Future Water Improvements Required. All lots in a subdivision created by a variance under this rule shall contain a requirement that if an improvement district is proposed for a public water system that would serve the property, the owner will support the improvement district, and if water from a public system becomes available to the property, the owner will purchase a connection to the system. This requirement shall be contained in a covenant running with the land." SECTION 2. In the event that any portion of this rule is declared invalid, such invalidity shall not affect other parts of the rule. SECTION 3. This rule shall take effect upon its approval. PLANNING DEPARTMENT APPROVED: r/r/� � G t�1.. CHRISTOPHE YUEN Date HARRY I Date Planning Director Mayor DATE OF PUBLIC HEARINGS: November 29, 2005 (Hilo), and November 30, 2005 (Kona) APPROVED AS TO FORM AND LEGALITY: DEC 2 1 2005 LINCOLN ASHIDA Date Corporation Counsel I hereby certify that the foregoing rule was received and filed in my office this a T day of Constance R. Kiriu, County Clerk