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HomeMy WebLinkAbout2022-02-25 Traffic Emergency Zone Declaration and Waipio Valley Road - Emergency Rule 1Mitchell D. Roth Mayor C�nixn#fir of afuni`t Lee E. Lord Managing Director Robert H. Command Deputy Managing Director Coffin of §:C' avvr 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 (808) 323-4444 9 Fax (808) 323-4440 TRAFFIC EMERGENCY ZONE DECLARATION WHEREAS, Hawaii Revised Statutes, Section 264-1.5, provides for the establishment of a traffic emergency zone in response to substantial endangerment to public health and safety which is or is highly likely to be caused by the temporary closure of, or the .lack of adequate access to Waipio Valley .via Waipio Valley Road; and WHEREAS, upon scientific information and expertise available, Waipio Valley Road is in imminent threat of slope and roadway failure threatening the health, safety, and welfare of the people; and WHEREAS, the danger of disaster is of such magnitude to warrant preemptive and protective action in order to provide for the health, safety, and welfare of the people; and WHEREAS, due to the possibility of imminent emergency or disaster due to bodily injury to residents of the County of Hawaii, and the need for government agencies and representatives from the private sector to mobilize and provide other immediate services necessary to remediate hazardous conditions, a traffic emergency zone is declared pursuant to Hawai `i Revised Statutes, Section 264-1.5. NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawaii, do hereby proclaim and declare a traffic emergency zone for Waipio Valley Road due to the imminent -danger or threat of emergency on Hawai `i Island from the hazardous roadway conditions. This Traffic Emergency Zone Declaration shall be effective February 25, 202, 2, continuing thereon until February 25, 2025, unless terminated or superseded by a separate proclamation, whichever shall occur first. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaii to be affixed. Done this 25th day of February, 2022 in Hilo, Hawaii. Mitchell D. Roth Mayor County of Hawai `i County of Hawaii is-amEqualand Employer. Mitchell D. Roth Mayor Lee E. Lord Managing Director Robert H. Command Deputy Managing Director X.AlUnN of ('11'atual `i (offirr of f4r,avar 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai'i 96740 (808) 323-4444 9 Fax (808) 323-4440 Mayor's Waipio Valley Road Emergency Rule No. 1 Pursuant to the authority vested in me by Hawaii Revised Statutes ("HRS") Section 264-1.5 and due to the hazardous conditions of Waipio Valley Road, which are a threat to public health and safety, I hereby adopt and promulgate the_ following rules which have the force and effect of law. This Emergency Rule is based upon scientific information and expertise available, Waipio Valley Road is in imminent threat of slope and roadway failure threatening the health, safety and welfare of the people; and WHEREAS, the danger of disaster is of such magnitude to warrant preemptive and protective action in order to provide for the health, safety, and welfare of the people; and I, Mitchell D. Roth, Mayor of the County of Hawaii, hereby authorize the following: A. Waipio Valley Road Closure Waipio Valley Road shall be closed, subject to the express limited exceptions herein. B. Limited Access Exceptions 1. Residents and farmers of Waipi`o Valley (no visitors); 2. Property Owners or Leaseholders of Waipi`o Valley with verified agricultural activity, limited to crop cultivation, or animal husbandry (including essential farm workers) (no visitors) ; - 3. County/State/Federal governmental employees, verified governmental contractors, and Non -Government Organization ("NGO")'s authorized to respond to the emergency; 4. Those permitted Limited Access Exceptions pursuant to sections 14cabove,shall be by: a) Four-wheel drive vehicles only; County of Hawaii is an Equal Opportunity Provider and Employer. Mayor's Waipio Valley Road Emergency Rule No. 1 Page 2 of 3 b) Vehicle shall be engaged in four-wheel drive mode; c) Vehicles with a GVWR of up to 10,000 lbs.; d) Exceptions for emergency response vehicles; 5. Exceptions expressly authorized by the Mayor. C. Further Restrictions and Prohibitions on Businesses, Operations, and Activities in the Waipio Valley Area that require access via Waipio Valley Road Regardless of Limited Access Exceptions pursuant to section B, the operation of the following Businesses and Activities are prohibited: a) Tourism activities; - b) Voluntary stewardship programs; c) Transient Vacation Rentals' ("TVRs d) Camping, including but not limited to State of Hawaii permitted camping sites. D. Prohibition on Pedestrian and Non -Covered Vehicles a) Prohibition of all pedestrian access to Waipio Valley Road; b) Prohibition of all uncovered vehicular access to Waipio Valley Road, including but not limited to ATVs; , c) Prohibition of horseback access to Waipio Valley Road; E. Regardless of Limited Access Exceptions pursuant to section B, Complete Closure During Significant and Prolonged Rain Events All access is to Waipio Valley Road is prohibited during Significant and Prolonged Rain Events, which shall be defined as: a) 1.5 inches or more of rain predicted in a 1-hour period; or b) 9 inches or more of rain predicted in a 24-hour period. All vehicular access to enter Waipio Valley via Waipio Valley Road shell be prohibited and exiting Waipio Valley via Waipio Valley Road shall be limited to emergency usage only. In the event of a natural disaster during which evacuation on the valley is ,required, the prohibitions shall be lifted only for the purpose of exiting the valley. 1 Transient Vacation Rental: Bed and breakfast establishment, Short Term Vacation Rental, Hosted Vacation Rental or other rental for a period of 30 days or less. County of Hawai' i is an Equal Opportunity Provider and Employer. Mayor's Waipio Valley Road Emergency Rule No. 1 Page 3of3 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaii to be affixed. Done this 25t" day of February, 2022 in Hilo, Hawaii. Mitchell D. Roth Mayor County of Hawcai`i County of Hawai' i is an Equal Opportunity Provider and Employer. Mitchell D. Roth Mayor Lee E. Lord Managing Director Robert H. Command, Deputy Managing Director Count Vf Wallual`t (Offirv, of foieapr 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 . Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai'i 96740 (808) 323-4444 • Fax (808) 323-4440 February 25, 2022 TO: Jon Henricks, County Clerk Office of the County Clerk FROM: Mitchell D. Roth, Mayor County of Hawai'i RE: Mayor's Traffic Emergency Zone Declaration and Waipi`o'Valley Road Emergency Rule No. 1 Transmitting Mayor's Traffic Emergency Zone Declaration and Waipi `o Valley Road Emergency Rule No. 1 issued by Mayor Mitchell D. Roth to the County Clerk, custodian of records. Received by: Print Name: Date: 2 2 L County of Hawaii is an Equal Opportunity Provider and Employer.