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Home My WebLink AboutORD 2018-025 2016-2018 ..OJ OF,,, ,' COUNTY OF HAWAII :• ''-�' � • STATE OF HAWAII +t�TF OF Ak BILL NO. 104 (DRAFT 2) ORDINANCE NO. 18 25 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; [and] (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; (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 [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) ..-. -- - -- - . ' ' - •all comply] 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) 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 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 [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. 3 [(4)]() [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. [(5)](6) [Ute] 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)](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 [(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 relocation of a watercourse, the request for a 4 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)]( Violations. Take action to remedy violations of this chapter as specified in article 6." 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. INTRODUCED BY: fir 41reillr&. COUNCIL MEMBER, COUNTY OF HAWAII Kona , Hawai`i Date of Introduction: March 14, 2018 Date of 1st Reading: March 14_, 2018 Date of 2nd Reading: March 28, 2018 Effective Date: April 12, 2018 REFERENCE Comm. 731.3 5 • OFFICE OF THE COUNTY CLERK = _ Nft County of Hawai`i Kona, Hawai`i NIS APR 12 P11 1:-23 (Draft 2) Introduced By: Mai le David ROLL CALL VOTE Date Introduced: March 14, 2018 AYES NOES ABS EX First Reading: March 14, 2018 Chung X Published: March 24, 2018 David X Eoff X REMARKS. Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: March 28, 2 018 9 0 0 0 To Mayor: April 6, 2018 Returned: April 12, 2018 ROLL CALL VOTE Effective: April 12, 2018 AYES NOES ABS EX Published: April 21, 2018 Chung X David X REMARKS: Eoff X Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. C)1,6-2-- e-l•e-",,","--)- COUNCIL CHAIRPERS N ,,J261-9:1/Disapproved Disapproved this 12)" day of J , 20 IS' NTY CLERK Bill No.: 104 (Draft 2) � MAYOR, COUNTY F,H WAI`IC-731.3/PWPRC-39 Reference: Ord No.: 18 25