HomeMy WebLinkAboutCOM 0731.001 2016-2018 Maile Medeiros David o°�N�Y os„4�.; Phone: (808) 323-4277
Council District 6 • " "";�� ��'• �'. Fax: (808) 329-4786
- *: �._- 't c*; Email: maile.david hawaiicoun ov
Portion N. S.Kona/Kau/Volcano `� � @ i1'•g
�tE• •N-,--
HAWAII COUNTY COUNCIL
County of Hawai`i .):
West Hawai`i Civic Center, Bldg.A
,orb
74-5044 Ane Keohokalole Hwy. -
Kailua-Kona, Hawai'i 96740 ; �`--'
CD
-.;t.y
CD
1-73
DATE: March 9, 2018
. --
TO: Valerie T. Poindexter, Council Chair
and Members of the Hawai`i County Council
FROM: \) Maile David, Council Member
O( Council District 6
RE: Proposed amendments to Bill No. 104: A Bill for an Ordinance Amending
Chapter 2, Article 16, Section%2-40, and Chapter 27, Article 3, Section 27-16, of
the Hawai`i County Code 1983 (2016 Edition, as amended), Relating to
Floodplain Management.
Please see below proposed amendments to Bill No. 104. The proposed amendments are shown
in Ramseyer format with respect to the contents of Bill No. 104; material to be deleted is
bracketed and stricken and material to be added is underscored.
For illustrative purposes, a copy of the Draft of the bill that would result if these proposed
amendments are adopted, is attached with the amendments incorporated therein.
1. SECTION 1 of Bill No. 104 is amended to read as follows:
"SECTION 1. Purpose. The purpose of this ordinance is[:] to update the Code by adding
floodplain management to the duties and functions of the department of public works[;]2 and
to establish a requirement that the County [Council] council be notified of : : :: -: .. -
to] Federal Emergency Management Agency or floodplain administrator initiated map
studies or restudies that may alter the boundaries of special flood hazard areas. [The] This
notification requirement will afford the [public] Council an opportunity to [consider and
comment upon proposed] take appropriate action to assure that affected communities are
notified of changes to flood hazard maps that may affect risk premium insurance rates and
floodplain management requirements. This requirement is not intended to apply to Letter of
Map Revision applications initiated by others besides the Federal Emergency Management
Agency or the floodplain administrator, such as property owners, other governmental
agencies, developers, etc."
Comm. No. 731. t
1 Ref. To: WC.eru.g,u d
Ref. Date MAR 1 4 b918
2. SECTION 3 of Bill No. 104 is amended to read as follows:
"SECTION 3. Chapter 27, article 3, section 27-16, of the Hawai`i County Code
1983 (2016 Edition, as amended) is amended to read as follows:
"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:
(1) Permit review.
(A) All building permits, certificates of occupancy, grading permits, and
development or subdivision proposals shall be reviewed to determine
whether the requirements of this chapter have been satisfied;
(B) All other development permits referred by other governmental
departments and agencies shall be reviewed for consistency with the
requirements of this chapter;
(C) All permits and proposals shall be reviewed to determine that the
proposed building site is reasonably safe from flooding;
(D) For proposed building sites in flood-prone areas where special flood
hazard areas have not been defined, water surface elevations have
not been provided, and there is insufficient data to identify the
floodway or coastal high hazard areas but the floodplain
administrator has determined that there are verifiable physical
indications that such hazards are present, all new construction,
improvements to repetitive loss structures and substantial
improvements (including the placement of manufactured homes)
shall be:
(i) Designed and adequately anchored to prevent flotation,
collapse, or lateral movement;
(ii) Constructed of flood-resistant materials;
(iii) Constructed using methods and practices that minimize flood
damage;
(iv) Constructed with electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of
flooding;
(v) Reviewed 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; and
(vi) With respect to new and replacement utilities, compliant with
the requirements of section 27-19; and
2
(E) All permits shall be reviewed to determine that the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base
flood at any point.
(2) Information [to be maintained.] maintenance.
The floodplain administrator shall maintain the following:
(A) The Flood Insurance Study and Flood Insurance Rate Maps for the
County of Hawai`i;
(B) The certification of lowest floor elevation;
(C) The certification of floodproofing for spaces below the base flood
elevation;
(D) The certification of final pad elevation where a site is filled above
the base flood elevation;
(E) The certification that an encroachment in the floodway will not
result in any increase in flood levels during base flood discharge; and
(F) The certification of elevation and structural support for structures in
the coastal high hazard area.
(3) [Flood mapping studies] Notification of actions that may alter the
boundaries of flood hazard areas on Federal Emergency Management
Agency Flood Insurance Rate Maps.
(A) The floodplain administrator shall notify the council of[meed
mapping studies, initiated by the County er the Federal Emergency
Management Agency, that may result in changes to existing special
flood hazard areas or the creation of new special flood hazard areas
within the County. Notification shall occur before the study is
. :--'• - - - - agency Management Agency through
-- ' - . .: - ': or Letter of Map Revision procedures.]
the following actions when they relate to areas located within
Hawai`i County:
(i) A Federal Emergency Management Agency initiated map
study or restudy of flood hazard areas;
(ii) A floodplain administrator initiated map revision process,pursuant to
part 65 of the National Flood Insurance Program Regulations; and
(iii) A floodplain administrator initiated map revision process,
pursuant to a Federal Emergency Management Agency
Cooperative Technical Partners Initiative.
(B) Notification shall consist of a written message from the floodplain
administrator to the County council and shall be submitted to the
County council as soon as practical, but no later than sixty days after
the date the department of the floodplain administrator initiates any
of the actions described in paragraph(3)(A) of this section.
Notification shall include, but not be limited to:
(i) Identification of the stream or general area being studied or
revised; and
(ii) , The name of the entity undertaking the flood mapping study,
restudy, or revision process.
3
(4) Interpretation of maps.
The floodplain administrator 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.
(5) [Change] Initiating-changes in base flood elevations.
Whenever base flood elevations increase or decrease.or result in a mappable
alteration of the boundaries of any special flood hazard area, as a result of
physical changes affecting flooding conditions, as soon as practical, but no
later than six months after the date such information becomes available, the
floodplain administrator shall notify the Federal Emergency Management
Agency of the changes by submitting technical or scientific data through the
Letter of Map Revision process. Such a submission is necessary so that
upon confirmation of those physical changes affecting flooding conditions,
risk premium rates and floodplain management requirements will be based
upon current data.
(6) [T se— ] Using 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 floodplain administrator
for consideration.
(7) Whenever a watercourse is to be altered or relocated:
(A) Require that the flood carrying capacity of the altered or relocated
portion of said watercourse is maintained;
(B) For riverine situations, notify the State of Hawai`i department of
land and natural resources (commission on 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 Emergency Management Agency;
and
(C) Whenever a proposed alteration or relocation occurs that would
significantly change the base flood elevation or result in a mappable
alteration of the boundaries of any special flood hazard area,
technical and scientific data through the Conditional Letter of Map
Revision shall be submitted to and approved by the Federal
Emergency Management Agency. Such a submission is necessary so
that upon completion of those physical changes affecting flooding
conditions, risk premium rates and floodplain management
requirements will be based upon current data. Work to be performed
under an approved Conditional Letter of Map Revision shall be
subject to the following:
4
•
(i) Work shall not begin on any on-site development affecting or
impacting the floodplain until an approved Conditional Letter
of Map Revision is received from the Federal Emergency
Management Agency; and
(ii) Within sixty days of receiving final approval from the
floodplain administrator for the completion of the alteration or
relocation of a watercourse,the request for a Letter of Map
Revision, and all other information required by the Letter of
Map Revision process shall be submitted to the Federal
Emergency Management Agency.
(8) Violations.
Take action to remedy violations of this chapter as specified in article 6.""
MD/lc
Att.
5
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 9, SECTION 2-40,AND
CHAPTER 27, ARTICLE 3, SECTION 27-16, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED),RELATING TO FLOODPLAIN MANAGEMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to update the Code by adding
floodplain management to the duties and functions of the department of public works, and to
establish a requirement that the County council be-notified of Federal Emergency Management
Agency or floodplain administrator initiated map studies'or restudies that may alter the
boundaries of special flood hazard areas. This notification requirement will afford the Council
an opportunity to take appropriate action to assure that affected communities are notified of
changes to flood hazard maps that may affect risk premium=insurance rates and floodplain
management requirements. This requirement is not intended to apply to Letter of Map Revision
applications initiated by others besides the Federal Emergency Management Agency or the
floodplain administrator, such as property owners, other governmental agencies, developers, etc.
SECTION 2. Chapter 2, article 9, section 2-40, of the Hawai`i County Code
1983 (2016 Edition, as amended) is amended to read as follows:
"Section 2-40. Duties and functions of department.
The department shall be responsible for:
(1) The performance of all matters relating to engineering;
(2) Public and private building construction and inspection;
(3) Public improvements;
(4) Construction, inspection, and maintenance of public highways, bridges,
streets, and sidewalks;
(5) Acquisition of public and private property for public purposes;
(6) Design and maintenance of a system of traffic control and devices; [aid]
(7) Floodplain management; and
(8) Construction and inspection of all other County projects, except for matters
relating to the department of water supply."
SECTION 3. Chapter 27, article 3, section 27-16, of the.Hawai`i County Code 1983
(2016 Edition, as amended) is amended to read as follows:
"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:
(1) Permit review.
(A) All building permits, certificates of occupancy, grading permits, and
development or subdivision proposals shall be reviewed to determine
whether the requirements of this chapter have been satisfied;
6
(B) All other development permits referredby other governmental
departments and agencies shall be reviewed for consistency with the
requirements of this chapter;
(C) All permits and proposals shall be reviewed to determine that the
proposed building site is reasonably safe from flooding;
(D) For proposed building sites in flood-prone areas where special flood
hazard areas have not been defined, water surface elevations have
not been provided, and there is insufficient data to identify the
floodway or coastal high hazard areas but the [flood plain]
floodplain administrator has determined that there are verifiable
physical indications that such hazards are present, all new
construction, improvements to repetitive loss structures and
substantial improvements (including the placement of manufactured
homes) shall be:
(i) Designed and adequately anchored to prevent flotation,
collapse, or lateral movement;
(ii) Constructed of flood-resistant materials;
(iii) Constructed [by] using methods and practices that minimize
flood damage; [and]
(iv) Constructed with electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities that are
designed and/or located so.as to prevent water from entering or
accumulating within the components during conditions of
flooding;
(v) [Be reviewed] Reviewed 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; and
(vi) h - •• . -: . - -- - . ' ' - . o- o •] With respect to
new and replacement utilities, compliant with the requirements
of section 27-19; and
(E) All permits shall be reviewed to determine that the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base
flood at any point.
(2) Information [to be maintained.] maintenance.
The floodplain administrator shall maintain the following:
(A) The Flood Insurance Study and Flood Insurance Rate Maps for the
County of Hawai`i;
(B) The certification of lowest floor elevation;
(C) The certification of floodproofing forspaces below the base flood
elevation;
(D) The certification of final pad elevation where a site is filled above
the base flood elevation;
•
(E) The certification that an encroachment in the floodway will not
result in any increase in flood levels during base flood discharge; and
(F) The certification of elevation and structural support for structures in
the coastal high hazard area.
(3) Notification of actions that may alter the boundaries of flood hazard areas
on Federal Emergency Management Agency Flood Insurance Rate Maps.
(A) Thefloodplain administrator shall notify the council of the following
actions when they relate to areas located within Hawai`i County:
(i) A Federal Emergency Management Agency initiated map
study or restudy of flood hazard areas;
(ii) A floodplainadministrator initiated map revision process, pursuant to
part 65 of the National Flood Insurance Program Regulations; and
(iii) A floodplain administrator initiated map revision process
pursuant to a Federal Emergency Management Agency
Cooperative Technical Partners Initiative.
(B) Notification shall consist of a written message from the floodplain
administrator to the County council and shall be submitted to the
council as soon as practical, but no later than sixty days after the date
the department of the floodplain administrator initiates any of the
actions described in paragraph (3)LA) of this section. Notification
shall include, but not be limited to:
(i) Identification of the stream or general area being studied or
revised; and
(ii) The name of the entity undertaking the flood mapping study,
restudy, or revision process.
[(3)](4) Interpretation of maps.
The [director of public works] floodplain administrator 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.
[(4)](5) [Change] Initiating changes in base flood elevations.
Whenever base flood elevations increase or decrease or result in a
mappable alteration of the boundaries of any special flood hazard area,
as a result of physical changes affecting flooding conditions, as soon as
practical, but no later than six months after the date such information
becomes available, the floodplain administrator shall notify the Federal
Emergency Management Agency of the changes by submitting technical
or scientific data through the Letter of Map Revision process. Such a
submission is necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and floodplain
management requirements will be based upon current data.
8
[(5)]O Fse-e] Using 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
Hawai`i for approval.] floodplain administrator for consideration.
[(6)1(D Whenever a watercourse is to be altered or relocated:
(A) Require that the flood carrying capacity of the altered or
relocated portion of said watercourse is maintained;
(B) For riverine situations, notify theState of Hawai`i department of
land and natural resources (commission on 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 Emergency Management
Agency[..-]; and
(C) Whenever a proposed alteration or relocation occurs that would
significantly change the base flood elevation or result in a
mappable alteration of the boundaries of any special flood hazard
area,technical and scientific data through the Conditional Letter
of Map Revision [(CLOMR)] shall be submitted to and approved
by the Federal Emergency..Management Agency. Such a
submission is necessary so that upon completion of those
physical changes affecting flooding conditions, risk premium
rates and floodplain management requirements will be based
upon current data. Work to be performed under an approved
Conditional Letter of Map Revision [(CLOMR)] shall be subject
to the following:
(i) Work shall not begin on any on-site development affecting
or impacting the floodplain until an approved Conditional
Letter of Map Revision is received from the Federal
Emergency Management Agency; and
(ii) Within sixty days of receiving final approval from the
[director] floodplain administrator for the completion of the
alteration or relocationof a watercourse, the request for a
Letter of Map Revision [(LOMR)]; and all other information
required by the Letter of Map Revision [(LOMR)] process
shall be submitted to the [flood plain administrator.] Federal
Emergency Management Agency.
[(7)]O Violations.
Take action to remedy violations of this chapter as specified in article
6."
9
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material,
and underscoring need not be included.
SECTION 5. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect
other provisions or applications of the ordinance, which can be given effect without the
invalid provision or application, and to this end, the provisions of this ordinance are
declared to be severable.
SECTION 6. This ordinance shall take effect upon its approval.
10