HomeMy WebLinkAboutBIL 091 Draft 01 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 91
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 27 OF THE HAWAII COUNTY CODE
1983, RELATING TO FLOOD CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The table of contents and the text of
Chapter 27 of the Hawaii County Code 1983, relating to flood
control, is repealed in its entirety and entirely replaced by
the revisions presented in Sections II and III.
SECTION 2. The Table of Contents for Chapter 27 shall
read as follows:
Chapter 27
FLOOD CONTROL
Article 1. Authorization.
Section 27-1 Statutory authority.
Section 27-2 Findings of fact.
Section 27-3 Purpose.
Section 27-4 Scope and methods.
Article 2. General. Provisions.
Section 27-5 Applicability.
Section 27-6 Basis.
Section 27-7 Compliance.
Section 27-8 Other laws and regulations.
Section 27-9 Interpretation.
Section 27-10 Warning and disclaimer of liability.
Section 27-11 Severability.
Section 27-12 Definitions.
Section 27-13 Nonconforming structures.
Article 3. Administration.
Section 27-14 Chief engineer approval.
Section 27-15 Designation of the Floodplain
Administrator.
Section 27-16 Duties and responsibilities of the
the Floodplain Administrator.
Article 4. Standards.
Section
27-17
Certification
standards.
Section
27-18
Standards
for
construction.
Section
27-19
Standards
for
utilities.
Section
27-20
Standards
for
subdivisions.
Section
27-21
Standards
for
manufactured homes.
Section
27-22
Standards
for
floodways.
Section
27-23
Standards
for
coastal high hazard areas.
Section
27-24
Standards
for
the general floodplain.
Section
27-25
Standards
for
development adjacent to
drainage
facilities.
Section
27-26
Storm drainage
standards
-2-
Article 5. Variances.
Section 27-27 Standards for variances.
Section 27-28 Application for variance.
Section 27-29 Appeals.
Section 27-30 Recording and reporting of variances.
Section 27-31
Section 27-32
Section 27-33
Section 27-34
Section 27-35
Article 6. Enforcement.
Right to enter.
Notice of violation.
Administrative order.
Injunctive relief.
Criminal Enforcement
SECTION 3. The contents of Chapter 27 shall read as
follows:
Article 1. Authorization.
Section 27-1. Statutory Authority. This chapter is
enacted pursuant to the U.S. National Flood Insurance Act of
1968 (Public Laws 90-418 and 91-152), as amended, and the U.S.
Flood Disaster Protection Act of 1973 (Public Law 93-234), as
amended. In addition, the Legislature of the State of Hawaii
has in Hawaii Revised Statues 62-34(9), 62-34(18), 70-100,
46-11, and 46-12 conferred upon the various counties the
authority to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry.
IsE
Section 27-2. Findings of fact.
(A) The flood hazard areas of the County of Hawaii are
subject to periodic inundation which results 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.
(B) These flood losses are caused by the cumulative
effect of obstructions in areas of special flood
hazards which increase flood heights and velocities
and, when inadequately anchored, cause damage to
uses in other areas. Uses that are inadequately
floodproofed, elevated, or otherwise protected from
flood damage also contribute to the flood loss.
Section 27-3. 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:
(A) To protect human life and health;
(B) To minimize expenditure of public money for costly
flood control projects;
(C) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
-4-
(D) To minimize prolonged business interruptions;
(E) To minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
(F) To help maintain a stable tax base by providing for
the sound use and development of areas of special
flood hazard so as to minimize future flood blight
-5-
areas;
(G)
To assist in notifying potential buyers that
property is in an area of special flood hazard; and
(H)
To ensure that those who occupy areas of special
flood hazard assume responsibility for their actions.
Section 27-4. Scope and methods. In order to accomplish
its purposes, this chapter includes methods and provisions for:
(A)
Restricting or prohibiting uses which are dangerous
to health, safety, and property due to water or
erosion hazards, or which result in damaging
increases in erosion or flood heights or velocities;
(B)
Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected
against flood damage at the time of initial
construction;
(C)
Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers,
which help accommodate or channel flood waters;
-5-
(D) Controlling fill, grading, dredging, and other
development which may increase flood damage; and,
(E) 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.
Section 27-5. Applicability.
(A) This chapter shall apply to all areas of special
flood hazards identified by the Federal Insurance
Administration in a scientific and engineering report
entitled Flood Insurance Study, dated July 16, 1990,
with accompanying Flood Insurance Rate Maps and all
subsequent revisions and amendments, and shall apply
to all areas outside the identified special flood
hazard areas encompassing and adjacent to a river,
stream, stormwater channel, outfall area, or other
inland water or drainage facility determined by the
chief engineer to be subject to flood hazards. The
special flood hazard areas are as follows:
(1) Floodway fringe -- Zones AE, AH, and AO.
(2) Floodway.
(3) Coastal high hazard (tsunami) -- Zones V and VE.
(4) General floodplain -- Zone A.
(5) Land adjacent to drainage facilities, and
Zone 99.
(B) This chapter shall not apply to:
(1) Any building permit lawfully issued prior to
May 5, 1982 or building permit application
properly filed and accepted for review prior to
May 5, 1982, provided that approval was
obtained without any significant changes in
plans or specifications made after May 5, 1982.
(2) Roadway and site improvements for subdivisions
for which tentative approval had been granted
prior to May 5, 1982 and where roadway and site
improvement construction and grading plans had
received all necessary agency approvals by
May 5, 1982.
(3) Carnivals, luaus, fairs, and camping tents of a
temporary nature which are not in a floodway.
(4) Non -fenced, non -elevated outdoor swimming pools.
(5) Signs which are not in a floodway.
(6) Demolition.
Section 27-6. Basis. The areas of special flood hazard
identified by the Federal Insurance Administration of the
Federal Emergency Management Agency in the Flood Insurance
Study dated July 16, 1990, and the Flood Insurance Rate Maps,
dated July 16, 1990, and September 16, 1988, attached hereto,
are hereby adopted and declared to be a part of this chapter.
This Flood Insurance Study and attendant mapping is the minimum
-7-
area of applicability of this chapter. The study and Flood
Insurance Rate Maps are on file at the Hawaii County Building,
Department of Public Works, 25 Aupuni Street, Room 202, Hilo,
Hawaii 96720.
Section 27-7. 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. The terms of this chapter
shall be enforced by the standards set forth in Article 6.
Section 27-8. 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, electricity,
plumbing, subdivision, erosion and sedimentation control
chapters of the Hawaii County Code, and the Storm Drainage
Standards, October 1970 edition, of the County of Hawaii. This
chapter, designed to reduce flood losses, shall take precedence
over any less restrictive, conflicting laws, ordinances, and
regulations. This chapter is not intended to repeal, abrogate,
or impair any existing easements, covenants, or deed
restrictions. However, where this chapter and another chapter,
easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
In the event of a conflict between this chapter and the
National Flood Insurance Program and Related Regulations
(NFIP), as amended, the NFIP will govern.
Section 27-9. Interpretation. In the interpretation and
application of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the County of
Hawaii; and,
(C) Deemed neither to limit nor repeal any other powers
granted to the County of Hawaii under State of
Hawaii statutes.
Section 27-10. 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 can
and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This chapter does not
imply that land outside the areas of special flood hazards and
areas of flood -related erosion 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, Federal Emergency Management
Agency, for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made thereunder.
Section 27-11. Severability. This chapter and the
various parts thereof are hereby declared to be severable.
Should any section of this chapter be declared by the courts to
be unconstitutional or invalid, such decision shall not affect
the validity of the chapter as a whole, or any portion thereof
other than the section so declared to be unconstitutional or
invalid.
Section 27-12 Definitions. Unless specifically defined
below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable application.
(1) "Accessory Use" means a use which is incidental and
subordinate to the principal use of the parcel of
land on which it is located.
(2) "Appeal" means a request for a review of the
Floodplain Administrator's interpretation of any
provision of this chapter or denial of a request for
a variance.
(3) "Area of Shallow Flooding" means a designated AO or
AH Zone on the Flood Insurance Rate Map (FIRM). The
base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of
flooding is unpredictable and indeterminate; and
velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
-10-
(4) "Backfill" means the placement of fill material
within a specified depression, hole or excavation
pit below the surrounding adjacent ground level as a
means of improving flood water conveyance or to
restore the land to the natural contours existing
prior to excavation.
(5) "Base Flood" means the flood having a one percent
chance of being equalled or exceeded in any given
year (also called the "100 -year flood").
(6) "Base Flood Elevation" means the water surface
elevation of the base flood.
(7) "Basement" means any area of the building having its
floor subgrade (below ground level) on all sides.
(8) "Breakaway Walls" are any type of walls, whether
solid or lattice, and whether constructed of
concrete, masonry, wood, metal, plastic or any other
suitable building material which is not part of the
structural support of the building and which is
designed to break away under abnormally high tides
or wave action without causing any damage to the
structural integrity of the building on which they
are used or any buildings to which they might be
carried by flood waters. A breakaway wall shall
have a safe design loading resistance of not less
than ten and no more than twenty pounds per square
-11-
0
foot. Use of breakaway walls must be certified by a
registered structural engineer or architect and
shall meet the following
conditions: (1) breakaway wall collapse shall
result from a water load less than that which would
occur during the base flood; and (2) the elevated
portion of the building shall not incur any
structural damage due to the effects of wind and
water loads acting simultaneously in the event of
the base flood.
(9) "Chief Engineer" means the chief engineer of the
County of Hawaii or his authorized representative.
(10) "Coastal High Hazard Area" - See "Zone V" and
"Zone VE".
(11) "Critical Feature" means an integral and readily
identifiable part of a flood protection system,
without which the flood protection provided by the
entire system would be compromised.
(12) "Development" means any man-made change to improved
or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
-12-
(13) "Drainage facility" - See "Watercourse".
(14) "Encroachment" means the advance or infringement of
uses, plant growth, fill, excavation, buildings,
permanent structures or development into a
floodplain which may impede or alter the flow
capacity of a floodplain.
(15) "Existing Manufactured Home Park or Subdivision"
means a manufactured home park or subdivision for
which the construction of facilities for servicing
the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation
of utilities, the construction of streets, and
either final site grading or the pouring of concrete
pads) is completed before May 5, 1982.
(16) "Fill" is the placement of fill material at a
specified location to bring the ground surface up to
a desired elevation.
(17) "Fill Material" can be natural sand, dirt, soil or
rock. For the purposes of floodplain management,
fill material may include concrete, cement, soil
cement, brick, or similar material as approved on a
case-by-case basis.
(18) "Flood, Flooding, or Flood Water" means (a) a
general and temporary condition of partial or
complete inundation of normally dry land areas from
(1) the overflow of inland or tidal waters, (2) the
-13-
0
unusual and rapid accumulation of runoff or surface
waters from any source which are approximately
caused by flooding as defined in paragraph (a)(2) of
this definition and are akin to a river of water on
the surfaces of normally dry land areas, as when
earth is carried by a current of water and deposited
along the path of the current; and (b) the collapse
or subsidence of land along the shore of a lake or
other body of water as a result of erosion or
undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly
caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by
an unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which
results in flooding as defined in paragraph (a)(1)
of this definition.
(19) "Flood Elevation Determination" means a
determination by the Federal Insurance Administrator
of the water surface elevations of the base flood,
that is, the flood level that has a one percent or
greater chance of occurrence in any given year.
-14-
(20) "Flood Elevation Study" or "Flood Study" means an
examination, evaluation, and determination of flood
hazards and, if appropriate, corresponding water
surface elevations, or an examination, evaluation,
and determination of flood -related erosion hazards.
(21) "Flood Insurance Rate Map (FIRM)" means the official
map on which the Federal Emergency Management Agency
or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk
premium zones applicable to the community.
(22) "Flood Insurance Study" means the official report
provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance
Rate Map, and the water surface elevation of the
base flood.
(23) "Floodplain or Flood -Prone Area" means any land area
susceptible to being inundated by water from any
source (see definition of "flooding").
(24) "Floodplain Administrator" is the individual
appointed to administer and enforce the floodplain
management regulations. This person shall be the
chief engineer of the County of Hawaii or his duly
authorized representative.
-15-
,
(25) "Floodplain Management" means the operation of an
overall program of corrective and preventive
measures for reducing flood damage, including but
not limited to emergency preparedness plans, flood
control works and floodplain management regulations.
(26) "Floodplain Management Regulations" means zoning
ordinances, subdivision regulations, building codes
health regulations, and special purpose ordinances.
(27) "Flood Protection System" means those physical
structural works for which funds have been
authorized, appropriated, and expended and which
have been constructed specifically to modify
flooding in order to reduce the extent of the area
within a community subject to a "special flood
hazard" and the extent of the depths of associated
flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees,
or dikes. These specialized flood modifying works
are those constructed to conform with sound
engineering standards.
(28) "Floodproofing" means any combination of structural
and nonstructural additions, changes, or adjustments
to structures which reduce or eliminate flood damage
to real estate or improved real property, water and
sanitary facilities, structures, and their contents.
-16-
(32) "Freeboard" means a factor of safety usually
expressed in feet above a flood level for purposes
of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could
contribute to flood heights greater than the height
calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings,
and the hydrological effect of urbanization of the
watershed.
(33) "Functionally dependent use" means a use which
cannot perform its intended purpose unless it is
located or carried Out in close proximity to water.
The term includes only docking facilities, port
facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building
and ship repair facilities, but does not include
long-term storage or related manufacturing
facilities.
(34) "General floodplain" - See "Zone A".
(35) "Hardship" as related to Article 5, Variances, of
this chapter means the hardship that would result
from a failure to grant the requested variance. The
chief engineer requires that the variance be
exceptional, unusual, and peculiar to the property
involved. Mere economic or financial hardship alone
MSE
(36)
(37)
is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal
preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as exceptional
hardships. All of these problems can be resolved
through other means, without granting a variance.
This is so even if the alternative means are more
expensive or complicated than building with a
variance, or if they require the property owner to
put the parcel to a different use than originally
intended, or to build elsewhere.
"Highest adjacent grade" means the highest natural
elevation of the ground surface prior to
construction next to the proposed walls of a
structure.
"Historic Structure" means any structure that is:
(a) listed individually in the National Register of
Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined
by the Secretary of the Interior as meeting the
requirements for individual listing on the National
Register; (b) Certified or preliminarily determined
by the Secretary of the Interior as contributing to
the historical significance of a registered historic
district or a district registered historic district;
-19-
(c) Individually listed on a State of Hawaii
inventory of historic places; or (d) Individually
listed on a local inventory of historic places in
communities with historic preservation programs that
have been certified either: (1) by an approved state
program as determined by the Secretary of the
Interior or (2) Directly by the Secretary of the
interior in states with approved programs.
(38) "Levee" means a man-made structure, usually an
earthen embankment, designed and constructed in
accordance with sound engineering practices to
contain, control, or divert the flow of water so as
to provide protection from temporary flooding.
(39) "Levee System" means a flood protection system
which consists of a levee, or levees, and associated
structures, such as closure and drainage devices,
which are constructed and operated in accord with
sound engineering practices.
(90) "Lowest floor" means the lowest floor of the lowest
enclosed area (including basement). An unfinished
or flood resistant enclosure, usable solely for
parking of vehicles, building access, or storage in
an area other than a basement area is not considered
a building's lowest floor provided that such
enclosure is not built so as to render the structure
in violation of the applicable non -elevation design
requirements of this chapter.
-20-
(41) "Manufactured Home" means a structure, transportable
in one or more sections, which is built on a
permanent chassis and is designed for use with or
without a permanent foundation when attached to the
required utilities. The term "manufactured home"
includes a "mobile home" but does not include a
"recreational vehicle".
(42) "Manufactured Home Park or Subdivision" means a
parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
(43) "Market Value" - For the purposes of determining
substantial improvement, market value pertains only
to the structure in question. It does not pertain
to the land, landscaping, or detached accessory
structures on the property. For determining
substantial improvement, the value of the land must
always be subtracted.
Acceptable estimates of market value can be obtained
from the following sources:
(1) Independent appraisals by a professional
appraiser.
(2) Detailed estimates of the structure's Actual
Cash Value (used as a viable substitute for
market value based on the preference of the
community).
-21-
(44)
(45)
(3) Property appraisals used for tax assessment
purposes.
(4) The value of buildings taken from National
Flood Insurance Program claims data (used as a
screening tool).
(5) Qualified estimates based on sound professional
judgement made by staff of the local building
department or local or State tax assessor's
office. As indicated above, some market value
estimates should only be used as screening
tools to identify those structures where the
substantial improvement ratios are obviously
less than or greater than 50% (e.g., less than
40% or greater than 60%). For structures that
fall between the 40% and 60% range, more
precise market value estimates should be used.
"Mean Sea Level" means, for purposes of the National
Flood Insurance Program, the National Geodetic
Vertical Datum of 1929 or other datum, to which base
flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
"Minimum Necessary" related to Article 5, Variances,
of this chapter means the minimum necessary to
afford relief to the applicant of a variance with a
minimum deviation from the requirements of this
-22-
ordinance. In the case of variances to an elevation
requirement, this means the chief engineer need not
grant permission for the applicant to build at
grade, for example, or even to whatever elevation
the applicant proposes, but only that level that the
chief engineer believes will both provide relief and
preserve the integrity of this chapter.
(46) "New Construction", for floodplain management
purposes, means structures for which the "start of
construction" commenced on or after May 5, 1982.
(47) "New Manufactured Home Park or Subdivision" means a
manufactured home park or subdivision for which the
construction of facilities for servicing the lots on
which the manufactured homes are to be affixed
(including at a minimum, the installation of
utilities, the construction of streets, and either
final site grading or the pouring of concrete pads)
is completed on or after May 5, 1982.
(48) "Obstruction" includes but is not limited to any
dam, wall, wharf, embankment, levee, dike, pile,
abutment, protection, excavation, channelization,
bridge, conduit, culvert, building, wire, fence,
rock, gravel, refuse, fill, structure, vegetation,
or other material in, along, across, or projecting
into any watercourse which may alter, impede,
-23-
retard, or change the direction and/or velocity of
the flow of water, or due to its location, its
propensity to snare or collect debris carried by the
flow of water or its likelihood of being carried
downstream.
(49) "One hundred -year flood" or "100 -year flood" means a
flood which has a one percent annual probability of
being equalled or exceeded. It is identical to the
"base flood".
(50) "One hundred -year floodplain" or "100 -year
floodplain" means any area of land susceptible to
being inundated by water from any source generated
by the 100 -year flood.
(51) "Primary Frontal Dune" means a continuous or nearly
continuous mound or ridge of sand with relatively
steep seaward and landward slopes immediately
landward and adjacent to the beach and subject to
erosion and overtopping from high tides and waves
during major coastal storms. The inland limit of
the primary frontal dune occurs at the point where
there is a distinct change from a relatively mild
slope.
(52) "Principal Structure" means a structure used for the
principal use of the property as distinguished from
an accessory use.
-24-
(53) "Regulatory Floodway" means the channel of a river
or other watercourse 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 a designated height.
(59) "Riverine" means relating to, formed by, or
resembling a river (including tributaries), stream,
brook, etc.
(55) "Sand Dunes" mean naturally occurring accumulations
of sand in ridges or mounds landward of the beach.
(56) "Sheet Flow Area" - See "area of shallow flooding".
(57) "Special Flood Hazard Area" means an area having
special flood or flood -related erosion hazards, and
shown on the Flood Insurance Rate Maps as Zones A,
AO, AE, A99, AH, VE or V.
(58) "Start of Construction" includes substantial
improvement and other proposed new development and
means the date the building permit was issued,
provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement,
or other improvement was within 180 days from the
date of the permit. The actual start means either
the first placement of permanent construction of a
structure on a site, such as the pouring of slab or
footings, the installation of piles, the
-25-
(59)
(60)
construction of columns, or any work beyond the
stage of excavation; or the placement of a
manufacture home on a foundation. Permanent
construction does not include land preparation, such
as clearing, grading and filling; nor does it
include the installation of streets and/or walkways;
nor does it include excavation for a basement,
footings, piers, or foundations or the erection of
temporary forms; nor does it include the
installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a
substantial improvement the actual start of
construction means the first alteration of any wall,
ceiling, floor, or other structural part of a
building, whether or not that alteration affect the
external dimensions of the building.
"Structure" means a walled and roofed building,
including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured
home.
"Substantial Damage" means damage of any origin
sustained by a structure whereby the cost of
restoring the structure to its before damaged
condition would equal or exceed 50 percent of the
market value of the structure before the damage
occurred.
-26-
(61) "Substantial Improvement". For the purposes of this
chapter, the determination of whether any
improvements constitute substantial improvements is
applicable only to structures built prior to May 5,
1982. "Substantial Improvement" means any repair,
reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of
which equals or exceeds 50 percent of the market
value of the structure before the "start of
construction" of the improvement which shall be the
sum of all costs of all such work performed in the
previous three years including the cost of the
current work being considered. This term includes
structures which have incurred "substantial damage",
regardless of the actual repair work performed. The
term does not, however, include either (1) any
project for improvement of a structure to correct
existing violations of state or local health,
sanitary, or safety code specifications which have
been identified by the local code enforcement
official and which are the minimum necessary to
assure safe living conditions or (2) any alteration
of a "historic structure", provided that the
alteration will not preclude the structure's
continued designation as a "historic structure".
-27-
(62) "Variance" means a grant of relief from the
requirements of this chapter which permits
construction in a manner that would otherwise be
prohibited by this ordinance.
(63) "Water Surface Elevation" means the height, in
relation to the National Geodetic Vertical Datum of
1929, (or other datum, where specified) of floods of
various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
(69) "Watercourse" means a lake, river, creek, stream,
wash, arroyo, channel or other topographic feature
on or over which waters flow at least periodically.
Watercourse includes specifically designated areas
in which substantial damage may occur.
(65) "Zone A" is the special flood hazard area that
corresponds to the 100 -year floodplains that are
determined in the Flood Insurance Study by
approximate methods. Because detailed hydraulic
analyses are not performed for such areas, base
flood elevations or depths have not been determined
within this zone.
(66) "Zone AE" is the special flood hazard area that
corresponds to the 100 -year floodplains that are
determined in the Flood Insurance Study by detailed
methods. Whole -foot base flood elevations derived
from the detailed hydraulic analyses have been
determined at selected intervals within this zone.
-28-
(67) "Zone AH" is the special flood hazard area that
corresponds to the areas of 100 -year shallow
flooding (usually areas of ponding) where average
depths are between one and three feet. Whole -foot
base flood elevations derived from the detailed
hydraulic analyses have been determined at selected
intervals within this zone.
(68) "Zone AO" is the special flood hazard area that
corresponds to the areas of 100 -year shallow
flooding (usually sheet flow on sloping terrain)
where average depths are between one and three
feet. Average whole -foot depths derived from the
detailed hydraulic analyses have been determined
within this zone.
(69) "Zone A99" is the special flood hazard area where
enough progress has been made on a protective
system, such as dikes, dams, and levees, to consider
it complete for insurance rating purposes. Base
flood elevations have not been determined for areas
designated as Zone A99.
(70) "Zone V" is the special flood hazard area that
corresponds to the 100 -year coastal floodplains
extending from offshore to the inland limit of a
primary frontal dune along an open coast and any
other area subject to high velocity wave action from
-29-
storms or seismic sources. It is an area subject to
high velocity waters, including coastal and tidal
inundation or tsunamis. Base flood elevations have
not been determined for areas designated as Zone V.
(71) "Zone VE" is the special flood hazard area that
corresponds to the 100 -year coastal floodplains
extending from offshore to the inland limit of a
primary frontal dune along an open coast and any
other area subject to high velocity wave action from
storms or seismic sources. It is an area subject to
high velocity waters, including coastal and tidal
inundation or tsunamis. Whole -foot base flood
elevations derived from the detailed hydraulic
analyses have been determined at selected intervals
within this zone.
(72) "Zone X" is the designation given to other flood
areas of: a) moderate flood hazard corresponding to
areas of the 500 -year floodplain, areas of 100 -year
flooding where average depths are less than one
foot, areas of 100 -year flooding where the
contributing drainage area is less than one square
mile, and areas protected from the 100 -year flood by
levees; b) minimal flood hazard corresponding to
areas outside of the 500 -year floodplain. Base
flood elevations or depths have not been determined
for Zone X.
-30-
(73) "Zone D" is the other areas that corresponds to
Article 3. Administration.
Section 27-14. Chief engineer approval. No building
permit, certificate of occupancy, or grading permit shall be
issued, no building shall be occupied, and no subdivision shall
be approved without the approval of the chief engineer with
respect to compliance with the provisions of this chapter.
-31-
unstudied areas where flood hazards are
undetermined, but possible.
Section 27-13. Nonconforming structures. Any
nonconforming structure existing on May 5, 1982 may continue,
subject to
the following conditions:
(A)
Any repair, reconstruction, improvement, or addition
to a nonconforming structure, if it is considered to
be substantial improvement, shall comply with the
applicable standards of this chapter.
(B)
All relocated structures shall comply with the
applicable standards of this chapter.
(C)
Substantial improvement of a damaged, destroyed, or
demolished structure located in a floodway shall not
be allowed unless a variance from the flood
requirements is obtained.
Article 3. Administration.
Section 27-14. Chief engineer approval. No building
permit, certificate of occupancy, or grading permit shall be
issued, no building shall be occupied, and no subdivision shall
be approved without the approval of the chief engineer with
respect to compliance with the provisions of this chapter.
-31-
Section 27-15. Designation of the Floodplain
Administrator. The chief engineer of the County of Hawaii is
hereby appointed to administer, implement, and enforce this
chapter in accord with the provisions of this chapter.
Section 27-16. Duties and responsibilities of the
Floodplain Administrator. The Floodplain Administrator, with
the cooperation and assistance of other County departments,
shall administer this chapter. The duties and responsibilities
of the Floodplain Administrator shall include, but not be
limited to:
(A) Permit review.
(1) All building permits, certificates of
occupancy, grading permits, and subdivision
proposals shall be reviewed to determine
whether the requirements of this chapter have
been satisfied;
(2) All other development permits referred by other
governmental departments and agencies shall be
reviewed for consistency with the requirements
of this chapter;
(3) All permits and proposals shall be reviewed to
determine that site is reasonably safe from
flooding; and
-32-
(4)
All permits shall be reviewed to determine that
the proposed development does not adversely
affect the carrying capacity of areas where
base flood elevations have been determined but
a floodway has not been designated. For
purposes of this chapter, "adversely affects"
means that the cumulative effect of the
proposed development when combined with all
other existing and anticipated development will
increase the water surface elevation of the
base flood more than one foot at any point.
(B) Information
to be maintained.
(1)
The Flood Insurance Study and Flood Insurance
Rate Maps for the County of Hawaii;
(2)
The certification of lowest floor elevation;
(3)
The certification of flood -proofing for spaces
below the base flood elevation;
(4)
The certification of final pad elevation where
a site is filled above the base flood elevation;
(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 area.
-33-
u
(C) 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, (for example,
where there appears to be a conflict between a
mapped boundary and actual field conditions). A
person contesting the location of the boundary shall
be given a reasonable opportunity to appeal the
interpretation as provided in Article 5.
(D) Use of other base flood data.
When base flood elevation data has not been provided
in accordance with Section 27-6, the Floodplain
Administrator shall obtain, review, and reasonably
utilize any base flood elevation and floodway data
available from a federal or state agency, or other
source, in order to administer Article 4. Any such
information shall be submitted to the County of
Hawaii for adoption.
(E) Whenever a watercourse is to be altered or relocated:
(1) Require that the flood carrying capacity of the
altered or relocated portion of said
watercourse is maintained;
-34-
(2) Notify the State of Hawaii Department of Land
and Natural Resources (Division of Water
Resource Management) and all adjacent property
owners, prior to such alteration or relocation
of a watercourse, and submit evidence of such
notification to the Federal Insurance
Administration, Federal Emergency Management
Agency.
(F) Take action to remedy violations of this chapter as
specified in Article 6.
Article 4. Standards.
Section 27-17. Certification standards. Pre -construction
and post -construction certification of elevation and
floodproofing of new construction, development, and substantial
improvements within areas of special flood hazards shall be
submitted to the chief engineer and shall be maintained as a
matter of public record.
(A) Pre -construction certification.
Requirements for approval of the building permit
shall include the following items, as applicable,
and any additional items as required by the chief
engineer to promote public welfare and safety:
-35-
(1) Certification of building plans.
Each set of building plans shall be certified
by a structural engineer or architect,
currently registered in the State of Hawaii, to
be in compliance with the requirements of this
chapter.
(2) Elevation certification on building plans.
The elevation of the lowest floor shall be
certified on each set of the building plans by
a civil engineer or land surveyor currently
registered in the State of Hawaii.
(3) Special Flood Hazards Area Certification.
The County of Hawaii "Special Flood Hazard Area
Certification" form, as amended, shall be
completed and certified by a structural
engineer or architect currently registered in
the State of Hawaii. The completed "Special
Flood Hazard Certification" shall be submitted
for approval with the building plans.
(4) Floodproofing Certification.
For all new non-residential construction and
substantial improvement with enclosed areas
below the base flood elevation, the Federal
Emergency Management Agency "Floodproofing
Certificate" form, as amended, shall be
-36-
completed and certified by an engineer or
architect currently registered in the State of
Hawaii and shall be submitted for approval with
the building plans.
The chief engineer may require additional
information regarding the floodproofing design
from the permit applicant and the applicant
shall provide it. The information required may
include the design data and calculations used
in the floodproofing design, a detailed flood
elevation study, a drainage report, and other
information as determined necessary by the
chief engineer to establish compliance with the
provisions of this chapter and to promote
public welfare and safety.
(B) Post -construction certification.
Requirements for approval of the certificate of
occupancy shall include the following items, as
applicable, and any additional items as required by
the chief engineer to promote public welfare and
safety:
-37-
(1) Elevation Certification
The Federal Emergency Management Agency
"Elevation Certificate", as amended, shall be
completed and certified by a land surveyor,
civil engineer, or architect currently
registered in the State of Hawaii and submitted
for approval with the application for the
certificate of occupancy.
The information certified within the "Elevation
Certificate" shall be based on actual
construction.
(2) Compliance with other requirements of this
chapter.
Section 27-18. Standards for construction. Standards for
construction within areas of special flood hazards are
established as follows:
(A) Anchoring.
(1) New construction and substantial improvements
shall be adequately anchored to resist
flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and
hydrostatic loads, including the effects of
buoyancy.
(2) All manufactured homes, including mobile homes,
shall meet all standards for structures.
-38-
(B) Construction materials and methods
(1)
New construction and substantial improvement
shall be constructed with materials and utility
equipment resistant to flood damage.
(2)
New construction and substantial improvement
shall be constructed using methods and
practices that minimize flood damage.
(3)
New construction and substantial improvement
shall be designed and constructed with
electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service
facilities including, but not limited to,
furnaces, heat pumps, hot water heaters,
washers, dryers, elevator lift equipment,
electrical junction boxes, circuit breaker
boxes, and food freezers that are located above
the base flood elevation.
(9)
Within Zones V and VE, new construction and
substantial improvements shall comply with the
standards of Section 27-23.
(C) Filling.
-39-
(1) Within a floodway, filling shall be prohibited
unless certified by a professional civil
engineer registered in the State of Hawaii,
with supporting data, that the encroachment
will not cause any increase in base flood
elevations during the occurrence of the base
flood discharge.
(2) Within all zones of special flood hazards, but
not including floodways, filling which would
result in the blockage or impediment of flow
and/or induce or aggravate flooding shall be
prohibited unless certified by a professional
civil engineer registered in the State of
Hawaii, with supporting data, that the
encroachment will not cause any increase in
base flood elevations during the occurrence of
the base flood discharge.
(3) Within floodway fringe areas, filling to
elevate the lowest floor of a non-residential
structure may only be permitted where the
structure:
(a) Is floodproofed so that below the base
flood elevation the structure is
watertight with walls substantially
impermeable to the passage of water, and
-40-
(b) Has structural components capable of
resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
(4) In Zones V and VE, filling and the use of fill
material for structural support of buildings
shall be prohibited.
(D) Elevation and Floodproofing.
(1) Within Zones AE and AH,
(a) For residential new construction and
substantial improvements:
The lowest floor, but not including floors
used solely for vehicle parking, building
access, or storage, shall be elevated to
or above the base flood elevation.
Should the lowest floor be below the base
flood elevation, then the structure shall
be designed and constructed to
automatically equalize hydrostatic flood
forces on exterior walls by allowing for
the entry and exit of floodwater. Designs
for meeting this requirement must either
be certified by a professional engineer or
architect registered in the State of
Hawaii or provide a minimum of two
openings having a total net area of not
-41-
less than one square inch for every square
foot of enclosed area subject to
flooding. The bottom of all openings
shall be no higher than one foot above
grade. Openings may be equipped with
screens, louvers, valves, or other
coverings or devices provided that they
permit the automatic entry and exit of
floodwater.
(b) For non-residential new construction and
substantial improvements:
If the lowest floor, but not including
floors used solely for vehicle parking,
building access, or storage, is below the
base flood elevation, then the lowest
floor together with attendant utility and
sanitary facilities shall be designed and
constructed such that:
1. The structure is watertight below the
base flood elevation.
2. The walls are substantially
impermeable to the passage of water.
3. The structural components are capable
of resisting hydrostatic and
hydrodynamic loads and the effects of
buoyancy.
-42-
(c) Within Zone All, new construction and
substantial improvement shall be required
to provide adequate drainage paths around
structures on slopes to guide flood waters
around and away from proposed structures.
(2) Within Zone AO,
(a) For new residential construction and
substantial improvements:
The lowest floor, but not including floors
used solely for vehicle parking, building
access, or storage, shall be elevated
above the highest adjacent grade at least
as high as the depth number specified in
feet on the FIRM, or at least two feet if
no depth number is specified.
Should the lowest floor be below the
required elevation, then the structure
shall be designed and constructed to
automatically equalize hydrostatic flood
forces on exterior walls by allowing for
the entry and exit of floodwater. Designs
for meeting this requirement must either
be certified by a professional engineer or
architect registered in the State of
Hawaii or provide a minimum of two
-43-
openings having a total net area of not
less than one square inch for every square
foot of enclosed area subject to
flooding. The bottom of all openings
shall be no higher than one foot above
grade. Openings may be equipped with
screens, louvers, valves, or other
coverings or devices provided that they
permit the automatic entry and exit of
floodwater.
(b) For non-residential new construction and
substantial improvements:
If the lowest floor, but not including
floors used solely for vehicle parking,
building access, or storage, is below the
elevation referenced in
Subsection 27-18(D)(2)(a), then the lowest
floor together with attendant utility and
sanitary facilities, shall be designed and
constructed such that:
1. The structure is watertight below the
referenced flood elevation.
2. The walls are substantially
impermeable to the passage of water.
-44-
3. The structural components are capable
of resisting hydrostatic and
hydrodynamic loads and the effects of
buoyancy.
(c) New construction and substantial
improvement shall be required to provide
adequate drainage paths around structures
on slopes to guide flood waters around and
away from proposed structures.
(3) Within Zones V and VE,
New construction and substantial improvement
shall comply with the standards of
Section 27-23.
(4) Within Zone A,
New construction and substantial improvement
shall comply with the standards of Section
27-24.
(E) Certification requirements.
All new construction and substantial improvement
within areas of special flood hazard shall be
certified as required by the standards of
Section 27-17.
-45-
Section 27-19. Standards for utilities.
(A) New and replacement water supply and sanitary sewage
systems 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 shall be located to
avoid impairment to them or contamination from them
during flooding.
Section 27-20. Standards for subdivisions.
(A) All subdivisions within areas of special flood
hazards 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.
(B) 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 Flood Insurance
Rate Maps, the chief engineer may request and the
applicant shall provide such information.
-46-
C) When the Administrator has designated areas of
special flood hazards (A zones) by the publication
of a community's FHBM or FIRM, but has neither
produced water surface elevation data nor identified
a floodway or coastal high hazard area, the
community shall:
(1) Require permits for all proposed construction
and other developments, including the placement
of manufactured homes, within Zone A on the
community's FHBM or FIRM;
(2) Review proposed development to assure that all
necessary permits have been received from those
governmental agencies from which approval is
required by Federal or State law, including
Section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. 1334;
(3) Require that all new subdivision proposals and
other proposed developments, including
consolidation and resubdivison applications,
greater than either 50 lots or 5 acres include
base flood elevation data within the proposal.
(D) All finally approved subdivision plans for
subdivisions within areas of special flood hazards
shall provide base flood elevations within the lots.
-47-
(E) If fill is used to elevate the site of any lot in a
subdivision above the base flood elevation, the
original elevation of the site prior to filling and
the final elevation of the site after filling shall
be certified by a professional civil engineer or
land surveyor currently registered in the State of
Hawaii.
Section 27-21. Standards for manufactured homes.
Manufactured homes that are placed or substantially
improved on sites outside of a manufactured home park or
subdivision, in a new manufactured home park or
subdivision, in an expansion to an existing manufactured
home park or subdivision, or in an existing manufactured
home park or subdivision on which a manufactured home has
incurred "substantial damage" as the result of a flood
shall:
(A) Within Zones AE or AH, be elevated so that either:
(1) he lowest floor of the manufactured home is at
or above the base flood elevation, or
(2) The manufactured home chassis is supported by
reinforced piers or other foundation elements
of at least equivalent strength that are no
less than 36 inches in height above grade and
be securely anchored to an adequately anchored
foundation system to resist floatation,
collapse, and lateral movement.
-48-
(H) Within Zone AO, be elevated such that the lowest
floor of the manufactured home is elevated at least
as high as the depth number specified in feet on the
FIRM, or at least two feet if no depth number is
specified and be securely anchored to an adequately
anchored foundation system to resist floatation,
collapse, and lateral movement.
(C) Within Zone A, comply with the standards of
Section 27-24.
(D) Within Zones V or VE, comply with the standards of
Section 27-23.
Section 27-22. Standards for floodways. The floodway
identified on the Flood Rate Insurance Maps and located within
areas of special flood hazard is the watercourse reserved to
discharge the base flood. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry
debris, potential projectiles, and erosion potential, the
following provisions apply:
(A) Encroachments, including fill, new construction,
substantial improvement, and other new development
shall be prohibited unless certification and
supporting data is provided by a registered
professional engineer or architect demonstrating
that the encroachment will not cause any increase in
base flood elevations during the occurrence of the
base flood discharge.
-49-
(B) If an encroachment within a floodway is allowed
under the conditions of paragraph 27-22(A), all new
construction, substantial improvement and other
proposed new development shall comply with all
applicable flood hazard reduction provisions
established in this chapter.
(C) The following uses, not involving fill, shall be
evaluated on a case-by-case basis to establish that
the use does not cause any increase in base flood
elevations:
(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 channels and
stream crossings.
Section 27-23. Coastal High Hazard Areas. Coastal high
hazard areas, more commonly known as tsunami inundation areas,
are identified as Zone V or Zone VE on the Flood Insurance Rate
Maps. Within coastal high hazard areas, the following
standards shall apply:
(A) All new construction and substantial improvements in
a coastal high hazard area shall be constructed with
materials and utility equipment resistant to flood
damage and using methods and practices that minimize
flood damage.
-50-
(B) New construction and substantial improvement shall
be elevated on adequately anchored pilings or
columns and securely anchored to such pilings or
columns so that the lowest horizontal portion of the
structural members of the lowest floor, excluding
the pilings and columns, is elevated to or above the
base flood level. The pile or column foundation and
structure attached thereto shall be anchored to
resist flotation, collapse, and lateral movement due
to the effects of wind and water loads acting
simultaneously on all building components. The wind
and water loading values shall each have a one
percent chance of being equaled or exceeded in any
given year.
(C) New construction and other development shall be
located on the landward side of the reach of mean
high tide.
(D) New construction and substantial improvement shall
have the enclosed space, if any, below the lowest
floor free of obstructions and constructed with
breakaway walls as defined in Section 27-12. Such
enclosed space shall not be used for human
habitation and will be useable solely for parking of
vehicles, building access, or storage. Machinery
and equipment which service the building, such as
-51-
furnaces, air conditioners, heat pumps, hot water
heaters, washers, dryers, elevator lift equipment,
electrical junction and circuit boxes, and food
freezers are not permitted in such enclosed spaces.
The enclosed space must only be achieved with
breakaway walls, open wood lattice -work, or insect
screening intended to collapse under wind and water
loads without causing collapse, displacement, or
other structural damage to the elevated portion of
the building or supporting foundation system. A
breakaway wall shall have a design safe loading
resistance of not less than ten and no more than
twenty pounds per square foot. Use of breakaway
walls which exceed a design safe loading resistance
of twenty pounds per square foot may be permitted
only if a registered professional structural
engineer certifies that the design proposed meets
the following conditions:
(1) Breakaway wall collapse shall result from a
water load less than that which would occur
during the base flood; and
(2) The elevated portion of the building and
supporting foundation system shall not be
subject to collapse, displacement, or other
structural damage due to the effects of wind
-52-
0
and water loads acting simultaneously on all
building components (structural and
non-structural). Maximum wind and water
loading values to be used in this determination
shall each have a one percent chance of being
equaled or exceeded in any given year (100 -year
mean recurrence interval).
(E) Fill shall not be used for structural support of
buildings.
(F) Man-made alteration of sand dunes which would
increase potential flood damage is prohibited.
(G) All new construction, development, and substantial
improvement within coastal high hazard areas shall
be certified as required by Section 27-17.
Section 27-24. Standards for general floodplain. The
general floodplain, identified as Zone A on the Flood Insurance
Rate Maps, are areas of special flood hazards for which
detailed engineering studies are not performed by the Federal
Insurance Administration to determine the base flood elevations
and to identify the floodways.
(A) To determine base flood elevations and the locations
of floodways within the general floodplain, the
chief engineer may obtain, review, and reasonably
utilize any base flood elevation and floodway data
available from a federal, state, or other source,
including information requested of a permit
applicant.
-53-
(B) Subdivsion proposals shall conform with the
requirements of Section 27-20.
(C) The following information shall be provided by a
permit applicant to the chief engineer to evaluate
the proposed construction or improvement site within
a general floodplain area:
(1) Project location and site plan showing
dimensions.
(2) Relationship to floodway and floodway fringes
as determined by flood elevation study.
(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) xisting and proposed base flood elevations.
(5) Existing and proposed floodproofing and flood
control measures.
(D) New construction and substantial improvements within
the general floodplain shall satisfy the
requirements set forth for Zones AE, AN, AO, or VE
as is determined to be applicable by the chief
engineer based on base flood information and
floodway data obtained through Subsections 27-24(A)
and 27-24(B).
-54-
(E) The chief engineer may waive informational
requirements if the chief engineer has sufficient
information to make an evaluation and determination
regarding flood elevation or may request further
information, including a detailed flood elevation
study and a drainage report, to evaluate flood risks
and determine the applicability of flood
construction and development standards.
(F) All new construction, development, and substantial
improvement within the general floodplain shall be
certified as required by Section 27-17.
Section 27-25. Standards for development adjacent to
drainage facilities. New construction and substantial
improvements proposed adjacent to drainage facilities outside
of the special flood hazard areas identified on the Flood
Insurance Rate Maps shall be subject to review and approval of
the chief engineer.
(A) Upon request by the chief engineer, further
information concerning base flood elevation,
floodways, surface water runoff, existing and
proposed drainage patterns, and other information,
including a detailed flood elevation study, drainage
report, and findings and opinions by a registered
professional civil engineer, shall be provided to
evaluate potential flooding.
-55-
0
(B) The chief engineer shall determine the applicability
of the various development and construction
standards provided in this chapter based upon
information available from a federal, state, or
other source, including information provided by the
permit applicant.
(C) A drainage facility shall not be modified,
constructed, lined, or altered in any way without
the approval of the chief engineer.
Section 27-26. Storm Drainage Standards. The Department
of Public Works, County of Hawaii's Storm Drainage Standard,
October 1970 edition, is incorporated into and made a part of
this chapter.
These standards have been prepared to guide County engineers
and personnel, engineers for subdivision developers,
consultants employed by the Department of Public Works, and
other interested parties in the general features required for
the design of storm drainage facilities, preparation of flood
hazard studies, and other related work in the County of Hawaii.
-56-
Article 5. Variances.
Section 27-27. Criteria for variances.
A variance from this chapter may be issued by the chief
engineer only upon the applicant meeting the variance criteria
of this section. The variance criteria set forth in this
section are based on the general principle of zoning law that
variances pertain to a piece of property and are not personal
in nature. Though these criteria vary from jurisdiction to
jurisdiction, in general, a properly issued variance is granted
for a parcel of property with physical characteristics so
unusual that complying with the requirements of this chapter
would create an exceptional hardship to the applicant or the
surrounding property owners. The characteristics must be
unique to the property and not be shared by adjacent parcels.
The unique characteristic must pertain to the land itself, not
to the structure, its inhabitants, or the property owners.
It is the duty of the County of Hawaii to help protect its
citizens from flooding. This need is so compelling and the
implications of the cost of insuring a structure built below
flood level are so serious that variances from the flood
elevation or from other requirements of this chapter are quite
rare. The variance guidelines are detailed and contain
multiple provisions that must be met before a variance can be
properly granted. The following criteria are designed to
screen out those situations in which alternatives other than a
variance are more appropriate:
-57-
(A) Generally, variances may be issued for new
construction, substantial improvement, and other
proposed new development 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 level, providing
that the procedures of Articles 3 and 4 of this
chapter have been fully considered. As the lot size
increases beyond one-half acre, the technical
justification required for issuing the variance
increases.
(B) Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
(C) Variances shall only be issued upon:
(1) A showing of good and sufficient cause. Under
this criteria, the applicant must demonstrate
that the variance request is for land which has
physical characteristics so unusual that
complying to flood requirements will create
exceptional hardship to the applicant or
surrounding landowners. The unique
characteristic must pertain to the land itself
and not the structure, its inhabitants, or the
property owner.
I"
Under this criteria, only exceptional instances
should arise where the physical characteristics
of properties create a hardship sufficient to
justify granting a variance. Even in a fairly
common situation where an undeveloped lot is
surrounded by properties with structures built
at grade and/or below flood levels, a variance
cannot be justified since an applicant can
erect the concerned structure on pilings,
etc.;
(2) A determination that failure to grant the
variance would result in exceptional "hardship"
(as defined in Section 27-12) to the
applicant. Under this criteria, the hardship
that would result from failure to grant a
requested variance must be exceptional,
unusual, and peculiar to the property
involved. Economic or financial hardship alone
is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal
preferences, or the disapproval of one's
neighbors cannot, as a rule, qualify as
exceptional hardship.
IMM
Under this criteria, for example, a member of a
household is physically handicapped and wants a
variance to build the dwelling at grade or at a
lower level for access purposes. A variance
should not be issued because the owner can
construct a ramp or elevator to meet flood
requirements. Elevation will allow the infirm
or handicapped person to be evacuated in the
early stage of flooding, and, if there is
insufficient warning or help in evacuating that
person, then, in all likelihood, he can survive
the flood by simply remaining in the home
safely above the levels of flood waters;
(3) A determination that the variance is the
"minimum necessary" (as defined in
Section 27-12), considering the flood hazard,
to afford relief.
Under this criteria, the variance that is
granted should be for the minimum deviation
from the flood requirements that will still
alleviate the hardship.
In the case of variance to an elevation
requirement, this does not mean approval to
build at grade level or to whatever elevation
an applicant proposes, but rather to a level
that the chief engineer determines will provide
relief and preserve the integrity of the flood
ordinance; and
(4) A determination that the granting of a variance
will not result in increased flood heights,
additional threats to public safety,
extraordinary public expense, create nuisances,
cause "fraud or victimization" (as defined in
Section 27-12) of the public, or conflict with
existing local laws or ordinances.
Under this criteria, an applicant must
demonstrate that flood levels will not be
raised above the base flood elevations.
(D) Variances may be issued for new construction,
substantial improvement, and other proposed new
development necessary for the conduct of a
"functionally dependent use" (as defined in
Section 27-12) provided that the provisions of
paragraphs 27-27(A) through 27-27(C) are satisfied
and that the structure or other development is
protected by methods that minimize flood damages
during the base flood and create no additional
threats to public safety.
(E) Variances may be issued for the repair or
rehabilitation of historic structures upon a
determination that the proposed repair or
rehabilitation will not preclude the structure's
continued designation as a historic structure and
the variance is the minimum necessary to preserve
the historic character and design of the structure.
-61-
(F) Variances may be issued for improvement of a
structure to correct existing violations of state or
local health, sanitary, or safety code
specifications which have been identified by the
local code enforcement official and which are the
minimum necessary to assure safe living conditions.
(G) Variances may be approved with conditions. Such
conditions may include:
(1) Modification of the construction or substantial
improvement, including the sewer and water
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.
(5) Floodproofing measures designed consistent with
the regulatory flood elevation, flood
velocities, hydrostatic and hydrodynamic
forces, and other factors associated with the
base flood.
(6) Other conditions as may be required by the
chief engineer to promote public welfare and
safety.
-62-
Section 27-28. 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:
(A) 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; locations 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.
(B) Cross-sections and profile of the area and the
regulatory flood elevations and profile based on
elevation reference marks on flood maps.
(C) Flood study and drainage report in areas where study
and report have not been reviewed and accepted by
the County of Hawaii.
(D) Description of surrounding properties and existing
structures and uses and the effect of the regulatory
flood on them caused by the variance.
-63-
(E) Evaluation and supporting information for the
variance with respect to the factors to be
considered by the chief engineer as listed in
Sections 27-27(A) through 27-27(F).
(F) 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 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 rates and
increases flood risks to life and property; that the
property owners will not file any lawsuit or action
against the County of Hawaii for costs or damages or
any claim; that the property owners will indemnify
and hold harmless the County of Hawaii 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.
(G) Such other information as may be relevant and
requested by the chief engineer.
-64-
Section 27-29. 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 of the County of Hawaii.
(A) The Board of Appeals of the County of Hawaii shall
hear and decide appeals concerning the requirements
of this chapter and shall adopt rules, pursuant to
Chapter 91 of the Hawaii Revised Statutes, necessary
for the purposes of this section.
(B) The Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any
requirement, decision, or determination made by the
chief engineer in the enforcement or administration
of this chapter.
(C) In reviewing such applications, the Board of Appeals
shall consider all technical evaluations, all
relevant factors, standards specified in other
sections of this chapter, and:
(1) The danger that materials may be swept onto
other lands to the injury of others;
(2) The danger of life and property due to flooding
or erosion damage;
(3) The susceptibility of the proposed facility and
its contents to flood damage and the effect of
such damage on the existing individual owner
and future owners of the property;
S4l!
(9) The importance of the services provided by the
proposed facility to the community;
(5) The necessity to the facility of a waterfront
location, where applicable;
(6) The availability of alternative locations for
the proposed use which are not subject to
flooding or erosion damage;
(7) The compatibility of the proposed use with
existing and anticipated development;
(8) The relationship of the proposed use to the
comprehensive plan and floodplain management
program, if any, for that area;
(9) The safety of access to the property in time of
flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate
of rise, and sediment transport of the flood
waters expected at the site; and,
(11) The costs of providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and
water system, and streets and bridges.
(D) Upon consideration of the factors of paragraph
27-29(C) and the purposes of this chapter, the Board
of Appeals may attach such conditions to the
granting of variances as it deems necessary to
further the purposes of this chapter.
-66-
Section 27-30. Recording and reporting of variances.
(A) Any applicant to whom a variance is granted shall be
given written notice over the signature of the chief
engineer that:
(1) The issuance of a variance to construct a
structure at elevations below the base flood
level will result in increased premium rates
for flood insurance;
(2) Such construction below the base flood level
increases risks to life and property; and
(3) A copy of the notice shall be recorded with the
State of Hawaii Bureau of Conveyances and shall
be recorded in a manner so that it appears in
the chain of title of the affected parcel of
land.
(B) A record of all variance actions, including
justifications for issuance of any variance, shall
be maintained by the chief engineer. A report of
the variances issued shall be included in the
biennial report submitted to the Federal Insurance
Administration, Federal Emergency Management Agency.
-67-
Article 6. Enforcement.
Section 27-31. Right to enter. Authorized
representatives of the County of Hawaii are empowered to enter
and inspect properties, both public and private, for the
purposes of investigating compliance with the provisions of
this chapter. The representatives shall, upon request, provide
proper identification and state the purpose of the
investigation.
Section 27-32. Notice of violation. Whenever any person,
firm, or corporation violates any provision of this chapter,
the chief engineer shall serve, through certified mail, a
notice of violation to the parties responsible for the
violation.
(A) The notice of violation shall identify the violation
and require the responsible party to correct the
violation and comply with applicable requirements of
this chapter
(B) The notice of violation shall include at least the
following information:
(1) The date of the notice;
(2) The name and address of the person served with
the notice;
(3) The tax key number of the property where the
violation has been identified;
(4) The section number of the chapter or other law
which has been violated;
am
(5) The nature of the violation;
(6) The corrective measures required to comply with
this chapter;
(7) The deadline date for compliance with the
notice.
Section 27-33. Administrative Order.
(A) In lieu of or in addition to Section 27-32, if the
chief engineer determines that any person, firm, or
corporation is not complying with the requirements
of this chapter or a notice of violation for a
violation of this chapter, the chief engineer may
have the party responsible for the violation served,
by certified mail or delivery, with an order
pursuant to this section.
(B) The order may require the party responsible for the
violation to do any or all of the following:
(1) Correct the violation within the time specified
in the order;
(2) Pay a civil fine of not less than $500 and not
more than $1,000 in the manner, at the place,
and before the date specified in the order;
(3) Pay a civil fine of not less than $500 per day
and not more than $1,000 per day for each day
that the violation persists, in the manner and
at the time and place specified in the order.
(C) The order shall become final thirty days from the
date of service unless the party served requests a
hearing under Chapter 91, Hawaii Revised Statutes.
If a hearing is requested, no fine shall be imposed
except upon completion of the hearing. In
determining the amount of the fine, the chief
engineer shall consider the seriousness of the
violations, any history of such violations, any
good -faith efforts to comply with the applicable
requirements, the economic impact of the fine on the
violator, and such other considerations that have a
bearing on the amount of the fine.
(D) The chief engineer may institute a civil action in
any court of competent jurisdiction for the
enforcement of any order issued pursuant to this
section. Where the civil action has been instituted
to enforce the civil fine imposed by said order, the
chief engineer need only show that the notice of
violation and order were served, that a civil fine
was imposed, the amount of the civil fine imposed,
and that the fine has not been paid.
Section 27-34. Injunctive Relief. Whenever a person,
firm, or corporation has violated or continues to violate the
provisions of this chapter, notice of violation, or
administrative order issued relevant to this article, the
-70-
County of Hawaii may petition the Circuit Court of the Third
District, State of Hawaii, or the United States District Court,
State of Hawaii, through the County of Hawaii's Corporation
Counsel, for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the
specific performance of the provisions of this chapter, notice
of violation, or administrative order. Such other action as
appropriate for legal and/or equitable relief may also be
sought by the County of Hawaii. A petition for injunctive
relief need not be filed as a prerequisite to taking any other
action against a user.
Section 27-35. Criminal Enforcement. A violation of the
requirements of this chapter shall constitute a misdemeanor.
Any person violating the provisions of this chapter shall upon
conviction be punished by a fine of $500 or by imprisonment not
exceeding ninety days, or both, except that in cases where such
offense shall continue after due notice, each day's continuance
of the same shall constitute a separate offense.
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 severable.
-71-
SECTION 5. This ordinance shall take effect upon its
adoption as law by the County of Hawaii.
l��Y11.3i71�1N:1�7a �i
Hilo, Hawaii
Date of Introduction: June 16, 1993
Date of 1St Reading: June 16, 1993
Date of 2nd Reading:
Effective Date:
-72-
COUNCILMEMBER,
COUNTY
OF
HAWAII
Hilo, Hawaii
Date of Introduction: June 16, 1993
Date of 1St Reading: June 16, 1993
Date of 2nd Reading:
Effective Date:
-72-
�.,,,,,,
.,e,t,` �
Donna Fav K Kivosaki
Stephen K. Yanushiro �I
able( E." --
.Nara.
Riley W. Smith
sic`'-....�+�
DeMgCA4(Ear—
��'
(rnunfg of Anflintt I�
DEPARTMENT OF PUBLIC WORKS
25 A.,... Snm. 8mm 202 - Mia. H.r.0 96720-1252
(808) 961-8321 - F.. (808) 9697138
June 1, 1993
HONORABLE SPENCER K SCHUTTE CHAIRMAN
AND MEMBERS
HAWAII COUNTY COUNCIL
HAWAII COUNTY BUILDING
HILO HI 96720
SUBJECT: DRAFT BILL TO AMEND CHAPTER 27, RELATING TO FLOOD CONTROL,
OF THE HAWAII COUNTY CODE
The State of Hawaii, Department of Land and Natural Resources (DLNR) and the
Federal Emergency Management Agency (FEMA) have directed the County of Hawaii
to amend its floodplain management ordinance, Chapter 27 of the Hawaii County
Code, to be consistent with current federal regulations set forth in Title 44
of the Code of Federal Regulations Part 60 (44CFR60) relating to the National
Flood Insurance Program and entitled "Criteria for Land Management and Use.'
To comply with the DLNR and FEMA directives, the Department of Public Works
has prepared the enclosed draft bill and submits it for your consideration and
adoption. The 1990 Flood Insurance Study and the 67 Flood Insurance Race Map
panels, dated 1990 and 1988, declared as a part of Chapter 27 in Section 27-6,
are also enclosed with the draft bill.
The draft bill repeals the current Chapter 27 in its entirety and replaces it
with the revised Chapter 27 presented in the draft. The revisions are
patterned after the DLNR "1992 Model Floodplain Management Ordinance for
Hawaii Communities," provided by the DLNR as a guide for Hawaii counties to
update local floodplain management regulations. The draft retains most of the
language and regulations of the current Chapter 27 without change. However,
to be consistent with 44CFR60 and the DLNR model ordinance, we have revised
some regulations while also reorganizing and renumbering many of the sections
within the current chapter. We have also added a more specific variance and
appeal process (Article 5) and an expanded enforcement capability including
civil penalties (Article 6). The DLNR, FEMA, and the Office of the
Corporation Counsel have reviewed the draft and each of these agencies has
indicated that the draft is acceptable.
COMM. NO. —1=1 —=
To: Council
Letter to Chairman and Members, Hawaii County Council
Page 2
June 1, 1993
Two attachments, intended to assist in reviewing the draft are also enclosed
for reference purposes. The attachments provide tabular lists and comparisons
of the current Chapter 27 and the proposed new chapter in order to provide a
summary of the revisions.
Your favorable attention and action in this matter will be appreciated. We
will be pleased to meet with you to discuss this matter and answer questions
you may have.
DONNA FAY K. KIYOSAKI, P.E. )
Chief Engineer
EY: st
Enclosures: Draft Bill -included
cc: ENG
4
Attachment 1 -included
Attachment 2 -On file in the Clerk's office
Flood Insurance Study -On file in the Clerk's office
Flood Insurance Rate Maps -On file in the Clerk's office
APPROVED:
HEN
K. YAY
SHIRO
Mayor
ATTACHMENT 1
A tabular comparison listing each new proposed section and
identifying the current section(s) to be replaced.
ATTACHMENT N0. 1
A tabular comparison listing each new proposed section
and identifying the current sections to be replaced.
New
Current
Proposed
Sections
-----------------------------------------------
Section
Replaced
Article 1
27-1
27-3
27-2
new
27-3
27-1
27-4
27-2
Article 2
27-5
27-4
27-6
27-4
27-7
27-5
27-8
27-8
27-9
27-9
27-10
27-10
27-11
new
27-12
27-11
27-13
27-16
Article 3
27-14
27-19
27-15
new
27-16
27-20,21,22,23,24
New
Current
Pr000sed
Sections
-----------------------------------------------
Section
Reolaced
Article 4
27-17
27-31
27-18
27-25,26,27,28,29
27-19
27-30,39
27-20
27-47,48.49,50
27-21
27-40.1
27-22
27-32,33,34
27-23
27-36,37
27-24
27-41,42,43,44
27-25
27-45,46
27-26
new
Article 5
27-27
27-12,13,14
27-28
27-15
27-29
27-17
27-30
new
Article 6
27-31
27-18
27-32
27-18
27-33
27-18
27-34
27-18
27-35
27-18
ROBERT nRt OSEHILL
1440
COU.AT)' COU.ACIL
County o/ Hawaii
Hawau Countu Building
'_i Aupuni Sheet
Hilo. Haman 96:20
June 3, 1993
Spencer K. Schutte, Chairman
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
RE: DRAFT BILL TO AMEND CHAPTER 27, RELATING TO FLOOD
CONTROL, OF THE HAWAII COUNTY CODE
Pursuant to Section 1(d) of Rule 4 of the Rules of Procedure of
the Council of the County of Hawaii, this written approval is
submitted in regards to Bill No. 91 , relating to Flood
Control, waiving said referral from the Committee on Human
Services and Public Works in order that appropriate action can
be taken by the Council.
In reviewing the contents of the referral, it is deemed
advisable that such waiver be granted.
Robert F. Rosehill, Chairman
Committee on Human Services and Public Works
approved
encer K. chutte, Chairman
Hawaii County Council
RFR/jw