HomeMy WebLinkAboutOrdinance 07-056COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 52
07 56 (Draft 3)
AN ORDINANCE AMENDING CHAPTERS 23 (SUBDIVISION CONTROL CODE)
AND 25 (ZONING CODE), HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO STORMWATER MANAGEMENT
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to require new
development to manage storm water runoff to reduce the potential that it will cause water
pollution. The ordinance is intended to comply with Section 6217 of the Coastal Zone
Act Reauthorization Amendments of 1990.
The ordinance requires that new subdivisions, and new buildings which need plan
approval, discharge their storm water, up to a specified limit, into drywells or infiltration
basins, or use other methods that will filter out suspended solids from storm water. These
requirements will be enforced at the time of subdivision approval for new subdivisions,
and at plan approval for new buildings.
SECTION 2. Chapter 23, article 6, section 23 -92, Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Sec. 23 -92. [Land surface Drainage.
Grading shall be done and drainage structures shall be provided by the
subdivider as are deemed essential by the director of public works or
sanitary engineer to protect roadways and the public.]
Drainage, flood, and erosion mitigation measures.
(a) The subdivider shall construct a storm water disposal system to contain
run -off caused by the subdivision improvements within the boundaries of
the subdivision up to the expected one -hour, ten year storm event, as shown
in Plate 1 of the Department of Public Works "Storm Drainage Standards ",
dated October 1970 or any approved revisions, unless those standards
specify a greater recurrence interval in which case, the greater interval shall
be used. The amount of expected runoff shall be calculated according to o the
Department of Public Works "Storm Drainage Standards ", dated October
1970 or any approved revisions thereto or by any nationally - recognized
method meeting with the approval of the director of public works. Runoff
calculations shall include the effects of all required subdivision
improvements and lot improvements that may be allowed by existing
zoning.
Storm water shall be disposed into drywells, infiltration basins, or other
infiltration methods. The subdivision shall not alter the general drainage
pattern above or below the subdivision.
(c) Subdivider shall also comply with the requirements of Chapter 27, Hawaii
County Code."
SECTION 3. Chapter 25, article 2, sections 25 -2 -71 and 25 -2 -72, Hawaii
County Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25 -2 -71. Applicability; plan approval required.
(a) Plan approval shall be required prior to the construction or installation of
any new structure or development or any addition to an existing structure or
development in all districts except in the RS, RA, FA, A and IA districts,
and except for the construction of one single - family dwelling and any
accessory buildings per lot.
(b) Plan approval shall be required in all districts prior to the change of the
following uses in existing buildings:
(1) Residential to commercial use;
(2) Warehouse and manufacturing to retail use.
(c) Plan approval shall be required in all applicable districts prior to the
construction or establishment of the following improvements and uses:
(1) Bed and breakfast establishments as permitted under section 25 -4 -7.
(2) Public uses, structures and buildings and community buildings, as
permitted under section 25 -4 -11.
(3) Telecommunication antennas and towers, as permitted under section
25 -4 -12.
(4) Temporary real estate offices and model homes, as permitted under
section 25 -4 -8.
(5) Utility substations, as authorized under section 25 -4 -11.
(d) Plan approval shall be required in the RA and FA district prior to the
construction or installation of any new structure or development, or of any
addition to an existing structure or development which is to be used for
minor agricultural products processing.
(e) Plan approval shall be required in the A district prior to the development of
any trailer park or major agricultural products processing facility. The
director shall determine whether an agricultural products processing facility
shall be considered manor or minor at the time of building permit review, or
earlier at the applicant's request.
2
(f) Plan approval may be required as a condition of approval of any use permit,
variance, or other action relating to a specific use, in which case the use or
development so conditioned may not be established until plan approval has
been secured.
Section 25 -2 -72. Application for plan approval; requirements.
An application for plan approval shall be on a form approved for such
purpose by the director and shall be accompanied by:
(1) A site plan, drawn to scale and fully dimensioned indicating clearly the
following information:
(A) The location and dimension of the building site;
(B) The location, size, height, and use of all existing and proposed
structures;
(C) All yards and open spaces;
(D) Location, height, and material of all fences and walls;
(E) The standard of improvement and location, number, and size of
parking spaces, arrangement and on -site circulation of all off -
street parking and loading facilities including points of access
thereto from adjoining streets;
(F) The location, general nature, and type, and protection or
shielding devices of all exterior lighting;
(G) All proposed landscaping and planting; and
(H) All proposed street dedication and improvement if any.
(2) Any other information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
(3) A site drainage lan [under sec. 27 -201 approved by the director of public
works, where plan approval is required under sec. 25- 2- 71(a), (c)(2) and
(c)(5) (d) (e) or M. The site drainage lan shall comply with sec. 27 -20(a)
and (b) and sec. 27 -24, and shall include a storm water disposal system to
contain run -off caused by the proposed development, within the site
boundaries, up to the expected one -hour, ten year storm event, as shown in
the Department of Public Works "Storm Drainage Standards ", dated
October 1970 or any approved revision, unless those standards specify a
greater recurrence interval. The amount of expected runoff shall be
calculated according to the Department of Public Works "Storm Drainage
Standards ", dated October 1970, or any approved revision, or by any
nationally - recognized method meeting with the approval of the director of
public works. Runoff calculations shall include the effects of all
improvements. Storm water shall be disposed into drywells, infiltration
basins, or other approved infiltration methods. The development shall not
alter the general drainage pattern above or below the development."
SECTION 4. 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 without the invalid
provision or application, and to this end, the provisions of this ordinance are declared to
be severable.
SECTION 5. Material to be repealed is bracketed. New material is underscored.
In re- printing this ordinance, the brackets, bracketed material and underscoring need not
be included.
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
K`
COUNCIL MEM R, COUNTY OF VAII
Hilo Hawaii
Date of Introduction:
March
9,
2007
Date of I't Reading:
March
9,
2007
Date of 2nd Reading:
March
21,
2007
Effective Date:
April
12,
2007
kEfERENCE: Cantu. 178.4
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
(Draft 3)
K. Anael Pil
March 9, 2007
March 9, 2007
March 17, 2007
Second Reading:
March
21,
2007
To Mayor:
April
5,
2007
Returned:
April
13,
2007
Effective: April 12, 2007
Published: April 23, 2007
REMARKS:
ALL V T
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ABS
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Ford
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Higa
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Hoffmann
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Ikeda
X
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Jacobson
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Naeole
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Pilago
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Yagong
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Yoshimoto
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7
1
1
0
ROLL CALL VOTE
AYES
NOES
ABS
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Ford
X
Higa
X
Hoffmann
X
Ikeda
X
Jacobson
X
Naeole
X
Pilago
X
Yagong
X
Yoshimoto
X
9
0
0
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO p Q�
FORM AND LEGALITY:
Co UN IL CHAT N�u I 1
DEPUTY OR ORATION COUNSEL
COUNTY OF HAWAII
(COUNTYCLERK
Date
Uri
Approve Disapproved this 2 day
of� I , 20 1
M OR, C Z1VT Y LF HAWAII
Bill No.: 52 (Draft 3)
Reference: C- 178.9/PC -17
Ord No.: 47 G6