HomeMy WebLinkAboutChapter 10 Erosion and Sedimentary control CHAPTER 10
EROSION AND SEDIMENTATION CONTROL
Article 1. General Provisions.
Section 10-1. Definitions.
Section 10-2. Hazardous conditions.
Section 10-3. Exclusions.
Section 10-4. Completion by County; recovery of cost.
Section 10-5. Waivers.
Section 10-6. Appeals.
Section 10-7. Liability.
Section 10-8. Violations and penalty.
Article 2. Permits.
Section 10-9. Required.
Section 10-10. Application.
Section 10-11. Fees.
Section 10-12. Conditions and limitations.
Section 10-13. Expiration.
Section 10-14. Denial.
Section 10-15. Suspension or revocation.
Section 10-16. Construction prohibited prior to grading.
Section 10-17. Inspections.
Article 3. Conditions and Specifications.
Section 10-18. Conditions of permit.
Section 10-19. Distance from property line of cut or fill slope.
Section 10-20. Maximum cleared area.
Section 10-21. Fill materials.
Section 10-22. Preparation of ground surface; vegetation.
Section 10-23. Report after grading; notification on completion.
Section 10-24. Special conditions and requirements.
Section 10-25. Drainage.
Section 10-26. Erosion and sedimentation control.
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EROSION AND SEDIMENTATION CONTROL § 10-1
CHAPTER 10
EROSION AND SEDIMENTATION CONTROL
Article 1. General Provisions.
Section 10-1. Definitions.
(a) Wherever used in this chapter, the following words shall have the meaning
indicated:
(1) "Designated historic and archaeological sites" means those sites listed with the
County general plan or the Hawai`i register of historic places.
(2) "Engineer" means a professional engineer (civil or structural) registered in the
State of Hawaii.
(3) "Engineer's soils report" means a report on soils conditions prepared by an
engineer experienced in the practice of soil mechanics and foundations
engineering.
(4) "Erosion" means the wearing away of the ground surface as a result of action
by wind and/or water.
(5) "Excavation," "cut" or "borrow" means any act by which soil, sand, gravel, rock
or any similar material is cut into, dug, uncovered, removed, displaced,
relocated or bulldozed. State land use commission and County zoning and
other agencies' regulations on shoreline improvements are made a part hereof
by reference.
(6) "Fill" means any act by which soil, sand, gravel, rock or any other material is
deposited, placed, pushed, dumped, pulled, transported, or moved to a new
location. State land use commission and County zoning and other agencies'
regulations on shoreline improvements are made a part hereof by reference.
(7) "Grading" means any excavation or fill or any combination thereof.
(8) "Grubbing" means any act by which vegetation, including trees, timber,
shrubbery and plants, is removed, dislodged, uprooted or cleared from the
surface of the ground.
(9) "Land surveyor" means a person duly registered as a professional land
surveyor in the State.
(10) "Overburden" means a soil material overlaying another geologic formation.
(11) "Permittee" means the person or party to whom the permit is issued and shall
include but not be limited to the property owner, his lessee, developer, agent,
or attorney in fact.
(12) "Plasticity" means the property of a soil which allows it to be deformed beyond
the point of recovery without cracking or appreciable volume change.
(13) "Sedimentation" means the deposition of erosional debris-soil sediment
displaced by erosion and transported by water from a high elevation to an area
of lower gradient where sediments are deposited as a result of slack water.
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§ 10-1 HAWAII COUNTY CODE
(14) "Soil and water conservation districts" means the legal subdivisions of the
State of Hawai`i authorized under chapter 180, Hawaii Revised Statutes.
(15) "Stockpiling" means the temporary storage of soil, sand, gravel, rock or other
similar material in excess of five hundred cubic yards upon any premises for
the purpose of using the material as fill material at some future time.
(1983 CC, c 10, art 1, sec 10-1; am 2001, ord 01-108, sec 3.)
Section 10-2. Hazardous conditions.
(a) Whenever the director of public works determines that any existing excavation, fill,
grubbing or stockpiling has become a hazard to property, or adversely affects the
safety, use, or stability of a public way or drainage channel, the owner of the
property upon which the excavation, fill, grubbing or stockpiling is located, or other
person or agent in control of said property, upon receipt of notice in writing from
the director of public works shall within the period specified therein repair or
eliminate the hazard and be in conformance with the requirements of this chapter.
(b) The director of public works or the director's authorized representatives are hereby
authorized to enter any property to determine or to enforce the provisions of this
chapter.
(1983 CC, c 10, art 1, sec 10-2; am 2001, ord 01-108, sec 1.)
Section 10-3. Exclusions.
(a) All work in this section must conform to the provisions of section 10-26 to be
considered for exclusion.
(b) This chapter shall not apply to the following:
(1) Mining or quarrying operations regulated by other County ordinance or
governmental agencies.
(2) Grading within the building lines for basements and footings of a building,
retaining wall, or other structure, authorized by a valid building permit.
(3) Grading and grubbing on individual cemetery plots.
(4) Sanitary filling and operation of rubbish dumps.
(5) Agricultural operations, including ranching incidental to or in conjunction
with crop or livestock production and all other operations that are in
conformance with soil conservation practices acceptable to the applicable soil
and water conservation district directors and in accordance with an actively
pursued comprehensive conservation program, providing:
(A) Such operations do not alter the general and localized drainage patterns
with respect to abutting properties.
(B) A conservation program for the affected properties acceptable to and
approved by the applicable soil and water conservation district directors
is filed with the soil conservation district.
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EROSION AND SEDIMENTATION CONTROL § 10-3
(C) The conservation program, with appropriate modifications is reviewed
and re-approved by the soil and water conservation district directors
periodically but not less than once every five years.
(6) Excavation which does not alter the general drainage pattern with respect to
abutting properties, which does not exceed one hundred cubic yards of
material on any one site, and does not exceed five feet in vertical height at its
highest point; provided that the cut meets the cut slopes and the distance from
property lines requirements in article 3 of this chapter.
(7) Fill which does not alter the general drainage pattern with respect to abutting
properties, which does not exceed one hundred cubic yards of material on any
one site and does not exceed five feet in vertical depth at its deepest point,
provided that the fill meets the fill slopes and distance from property lines
requirements in article 3 of this chapter.
(8) Grubbing which does not alter the general and localized drainage pattern with
respect to abutting properties and does not exceed a total area of one acre.
(9) Exploratory excavations not to exceed fifty cubic yards under the direction of
an engineer for the purpose of subsurface investigations required by the
director of public works and provided that the director of public works has
been advised in writing prior to the start of such excavation.
(10) Clearing, excavation and filling required in conjunction with the installation of
pole lines by electric, telephone and public utilities.
(1983 CC, c 10, art 1, sec 10-3; am 2001, ord 01-108, sec 1.)
Section 10-4. Completion by County; recovery of cost.
(a) In the event that any permittee under this chapter fails to:
(1) Comply with all the terms and conditions of the permit to the satisfaction of
the director of public works;
(2) Complete all of the work authorized under the permit within the time limit
specified in the permit;
(3) Comply with all special precautions enumerated in section 10-24 and with all
the requirements of the director of public works pursuant to section 10-24; or
(4) Proceed under section 10-15(b); within thirty days after a permittee has been
served with written notice thereof, either by mail or personal service, the
council may order the permittee to be prosecuted as a violator of the provisions
of this chapter and may order the director of public works to proceed with the
work specified in such notice. A statement of the cost of such work shall be
transmitted to the council who shall cause the same to be paid. Such cost shall
be charged to the permittee or owner or both of the premises involved.
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§ 10-4 HAWAII COUNTY CODE
(b) The County may enforce payment of such cost in any manner provided by law,
including proceedings under chapter 507, part II, Hawaii Revised Statutes. For the
purposes of the operation of part II of chapter 507, Hawaii Revised Statutes, the
permittee shall be deemed to come within the definition of"owner" as defined in
said chapter; the County shall be deemed to come within the definition of"general
contractor" as defined in that chapter and the execution of work specified in the
notice shall be deemed a contract between the permittee and the County.
(1983 CC, c 10, art 1, sec 10-4; am 2001, ord 01-108, sec 1.)
Section 10-5. Waivers.
In all applicable cases, if a permittee, supported by accompanied engineer's report,
finds that strict adherence to the provisions of this chapter causes undue hardship or
practical difficulty, the permittee may seek waivers from these provisions and the
director of public works may grant a waiver with conditions if the director finds that the
request will not likely create any problems to the adjoining properties nor endanger any
life or limb nor be in conflict with existing ordinances and statutes.
(1983 CC, c 10, art 1, sec 10-5; am 2001, ord 01-108, sec 1.)
Section 10-6. Appeals.
Any person aggrieved by the decision of the director of public works in the
administration or application of this chapter, may, within thirty days after the director
of public works' decision, appeal the decision to the board of appeals. The board of
appeals may affirm the decision of the director of public works or it may reverse or
modify the decision if the decision is:
(a) In violation of this chapter or other applicable law;
(b) Clearly erroneous in view of the reliable, probative, and substantial evidence on the
whole record; or
(c) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly
unwarranted exercise of discretion.
The board of appeals shall adopt rules pursuant to chapter 91, Hawaii Revised
Statutes, necessary for the purposes of this section.
(1983 CC, c 10, art 1, sec 10-6; am 2001, ord 01-108, sec 1.)
Section 10-7. Liability.
The provisions of this chapter shall not be construed to relieve or alleviate the
liability of any person for damages resulting from performing, or causing to be
performed, any grading, grubbing or stockpiling operation. The director of public works
or any employee charged with the enforcement of this chapter, acting in good faith and
without malice for the County in the discharge of their duties, shall not thereby render
themselves liable personally and they are hereby relieved from all personal liability for
any damage that may accrue to persons or property as a result of any required act or
omission in the discharge of their duties.
(1983 CC, c 10, art 1, sec 10-7; am 2001, ord 01-108, sec 1.)
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EROSION AND SEDIMENTATION CONTROL § 10-8
Section 10-8. Violations and penalty.
(a) No person shall do any act forbidden, or fail to perform any act required by the
provisions of this chapter.
(b) The failure to comply with the requirements set forth under the provisions of this
chapter shall be deemed a new offense for each day of such noncompliance.
(c) Any person violating any of the provisions of this chapter shall, upon conviction, be
punished by a fine not to exceed $500, or by imprisonment not to exceed fifty days,
or both, for each offense.
(1983 CC, c 10, art 1, sec 10-8.)
Article 2. Permits.
Section 10-9. Required.
(a) Except as excluded in section 10-3:
(1) No grading work shall be commenced or performed without a grading permit.
(2) No grubbing work shall be commenced or performed without a grubbing
permit except where grubbing concerns land for which a grading permit has
been issued.
(3) No stockpiling work shall be commenced or performed without a stockpiling
permit.
(b) No grading, grubbing, or stockpiling permit shall be issued without the director of
public works' review of the applicant's compliance with the County general plan or
with chapters 6,* 205 and 343, Hawaii Revised Statutes.
(1983 CC, c 10, art 2, sec 10-9; am 2001, ord 01-108, sec 1.)
* Editor's Note:Chapter 6, Hawai`i Revised Statutes, was repealed and replaced with chapter 6E.
Section 10-10. Application.
(a) An applicant for a grading, grubbing, or stockpiling permit shall first file an
application on a form furnished by the County department of public works. Each
application shall:
(1) Describe by tax key or street address the land on which the proposed work is
to be done;
(2) State the estimated dates for the starting and completion of the proposed
work; and
(3) Show the name of the permittee and owner including engineer, if applicable,
who shall be responsible for the work to be performed by the engineer, the
engineer's contractors and employees and for requesting the inspections
required herein.
(b) Each application for a grading permit shall also be accompanied by two sets of
plans and specifications, including:
(1) For all areas:
(A) A vicinity sketch or other data adequately indicating the site location;
(B) Boundary lines of the property on which the work is to be performed;
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§ 10-10 HAWAII COUNTY CODE
(C) Location of any buildings, structures, or designated historic and
archaeological sites, on the property where the work is to be performed
and location of any building or structure on land of adjacent property
which is within fifteen feet of the property to be graded when the grading
may affect the buildings, structures, or designated historic and
archaeological sites;
(D) Contours showing the topography of the existing ground and extending
five feet into adjacent property when required by the director of public
works. The scale and contour are to be appropriate to the work in
question;
(E) Elevations, dimensions, location, extent and the slopes of all proposed
grading shown by contours and other means;
(F) The area in square feet of the land to be graded and the quantities of
excavation and fill involved. Show separately quantities for excavation
within and outside of building lines; and
(G) Any additional plans, drawings, or calculations required by the director of
public works.
(2) For grading of areas of more than fifteen thousand square feet, a contour map
prepared by an engineer or land surveyor and approved by the director of
public works and showing the contours and elevations of the land before and
after the completion of the proposed grading. This map shall include the
location of existing large trees, designated historic and archaeological sites,
and definable rock outcroppings, lava tubes, detailed plans, and specifications
of all drainage devices and utilities, including bank protection, walls, cribbing,
dams, silting or sediment basins, landscaping, screen planting, erosion control
planting, or other protective devices to be constructed in connection with, or as
a part of the proposed work, together with a map showing the drainage area
and estimated runoff of the area served by any drains.
(3) Where a proposed cut or fill is greater than fifteen feet in height, or on land
with slopes exceeding fifteen percent in an area with high plasticity soils, or
when any fill is to be placed over a swamp, pond, gully, or lake, the permittee
shall submit an engineer's soils report which shall include data regarding the
nature, distribution and strength of existing soils and substantiating data
from an engineer regarding the safety of the proposed grading, the fill, and the
material to be used, and describing the cut sections showing the height, cut
slope, benches, and material composing the cut bank.
(c) An applicant for a grubbing permit shall furnish two sets of plot plans showing the
location, the property boundaries, and any other pertinent information as may be
required by the director of public works. Grubbing or land clearing by bulldozer for
the purpose of making topographic survey shall not be permitted without an
authorized grubbing permit. No permit will be required for cutting or bulldozing of
trails for survey lines and access for soil exploration equipment.
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EROSION AND SEDIMENTATION CONTROL § 10-10
(d) An applicant for a stockpiling permit shall furnish two sets of plot plans showing
the property lines and the location of the proposed stockpile, quantities, height of
stockpile, duration of stockpile, source, and type of the material to be stockpiled and
furnish any other pertinent information as may be required by the director of public
works to control the creation of dust, drainage, or sedimentation problems. The plot
plan for stockpiling shall be approved by the director of public works.
(e) If no action (approval, disapproval, deferral, or modification) is taken by the
director of public works within thirty days after submittal of the initial request the
permit shall be deemed approved.
(1983 CC, c 10, art 2, sec 10-10; am 2001, ord 01-108, sec 1.)
Section 10-11. Fees.
(a) Before issuing a grading permit, the director of public works shall collect a permit
fee for grading on the same site based on the volume of excavation or fill, whichever
is greater, according to the following schedule:
Volume of Material Permit Fee
0— 100 cubic yards $5
101 — 1,000 cubic yards $5 for the first 100 cubic yards plus $2
for each additional 100 cubic yards or
fraction thereof.
1,001 — 10,000 cubic yards $25 for the first 1,000 cubic yards plus
$2 for each additional 1,000 cubic yards
or fraction thereof.
10,001 cubic yards or more $41 for the first 10,000 cubic yards plus
$2 per 1,000 cubic yards or fraction
thereof.
(b) Before issuing a grubbing permit, the director of public works shall collect a permit
fee of$5 for grubbing in excess of one acre, plus $2 for each additional five acres or
fraction thereof.
(c) Before issuing a stockpiling permit the director of public works shall collect a
permit fee of$5 for stockpiling in excess of the first five hundred cubic yards plus
$2 for each additional one thousand cubic yards or fraction thereof.
(d) Where work for which a permit is required by this chapter is started or proceeded
prior to obtaining the permit, the fees specified shall be doubled, but the payment
of such double fee shall not relieve any person from fully complying with the
requirements of this chapter in the execution of the work nor from any other
penalties prescribed herein.
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§ 10-11 HAWAII COUNTY CODE
(e) When grading, grubbing, or stockpiling is performed by or on behalf of the County,
State, or Federal government, the director of public works shall waive the collection
of any permit fee required in subsections (a), (b), and (c) above.
(f) All permit fees shall be deposited in the general fund.
(1983 CC, c 10, art 2, sec 10-11; am 1986, ord 86-124, sec 1; am 2001, ord 01-108,
sec 1.)
Section 10-12. Conditions and limitations.
(a) The issuance of a grading permit shall constitute an authorization to do only that
work which is described on the permit and on the plans and specifications approved
by the director of public works.
(b) Permits issued under the requirements of this chapter shall not relieve the owner
of responsibility for securing required permits for work to be done which is
regulated by any other code, department or division of the governing agency.
(c) In granting any permit, the director of public works may attach such conditions as
may be reasonably necessary to prevent creation of a nuisance or hazard to public
or private property. Such conditions may include, but shall not be limited to:
(1) Improvement of any existing grading to bring it up to the standards of this
chapter;
(2) Requirements for fencing of excavations or fills which otherwise would be
hazardous;
(3) Screen planting, landscaping, erosion control planting, or other treatments to
maintain good appearance of graded area and reduce the detrimental impact
on adjacent properties of the community;
(4) Cleaning up the area; and
(5) Days and hours of operation.
(1983 CC, c 10, art 2, sec 10-12; am 2001, ord 01-108, sec 1.)
Section 10-13. Expiration.
(a) Every grading or grubbing permit shall expire and become void unless the work
permitted herein is started within ninety days after the date of issuance or within
ninety days after the completion date specified thereon but not later than one year
after the date of issuance. Extension of time may be granted if, in the judgment of
the director of public works, the work authorized under the permit would not be
exceeded. In such cases, no additional fee will be imposed.
(b) Every stockpiling permit shall expire and become void one year after the date of
issuance. All stockpiled material temporarily stored on the premises shall be
removed from the premises or used on the premises as fill material under a grading
permit for fill prior to the expiration date. Extension of time may be granted if, in
the judgment of the director of public works, the work authorized under the permit
would not be exceeded. In such cases, no additional fee will be imposed.
(1983 CC, c 10, art 2, sec 10-13; am 2001, ord 01-108, sec 1.)
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EROSION AND SEDIMENTATION CONTROL § 10-14
Section 10-14. Denial.
(a) If the director of public works finds that the work as proposed by the applicant is
likely to endanger any property or public way or structure or endanger the public
health or welfare, the director shall deny the grading, grubbing or stockpiling
permit. Factors to be considered in determining probability of hazardous conditions
shall include, but not be limited to, possible saturation of the ground by rains, earth
movements, geological or flood hazards, undesirable surface water runoff,
subsurface conditions such as the stratification and faulting of rock and the nature
and type of soil or rock.
(b) Failure of the director of public works to observe or recognize hazardous conditions
or the director's failure to deny the grading, grubbing or stockpiling permit shall
not relieve the permittee or the permittee's agent from being responsible, or cause
the County, its officers or agents, to be held responsible for the conditions or
damages resulting therefrom.
(1983 CC, c 10, art 2, sec 10-14; am 2001, ord 01-108, sec 1.)
Section 10-15. Suspension or revocation.
(a) The director of public works may, in writing, suspend or revoke a permit issued
under the provisions of this chapter whenever:
(1) The permit has been issued on the basis of incorrect or insufficient information
supplied by the permittee;
(2) The grading, grubbing, or stockpiling is not being performed in accordance
with the terms and provisions of the permit; or
(3) The grading, grubbing, or stockpiling discloses objectionable or unsafe
conditions.
(b) When a permit has been suspended or revoked, the permittee may submit detailed
plans and proposals for compliance with the provisions of this chapter and for
correcting the objectionable or unsafe conditions. Upon approval of such plans and
proposals by the director of public works, the director may authorize the permittee
in writing, to proceed with the work.
(1983 CC, c 10, art 2, sec 10-15; am 2001, ord 01-108, sec 1.)
Section 10-16. Construction prohibited prior to grading.
No construction of any structure upon the premises involved shall be permitted
until the director of public works has received the notice of completion that the grading,
grubbing, or stockpile work has been completed in accordance with the grading permit.
(1983 CC, c 10, art 2, sec 10-16; am 2001, ord 01-108, sec 1.)
Section 10-17. Inspections.
(a) Each permit issued under this chapter shall be deemed to include the right of the
director of public works or the director's authorized representatives to enter upon
and to inspect the grading, grubbing, or stockpiling operations.
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§ 10-17 HAWAII COUNTY CODE
(b) The permittee shall notify the director of public works at least two days before the
permittee or the permittee's agent begins any grading, grubbing or stockpiling. A
copy of the permit, approved plans and specifications for grading, grubbing, or
stockpiling shall be maintained at the site during the progress of any work. Where
it is found by inspection that the soil or other conditions are not the same as stated
or shown in the application for grading, grubbing, or stockpiling permit, the
director of public works may stop the grading, grubbing, or stockpiling until revised
plans, based upon the existing conditions, are submitted by the permittee and
approved by the director of public works. Approval or disapproval of applicant's
revised plan shall be made within fourteen days from the date of receipt by the
director of public works.
(c) If the director of public works or the director's representative finds that the work is
not being done in conformance with this chapter or the plans and specifications
approved by the director of public works, the director shall immediately notify the
person in charge of the grading work of the nonconformity and immediately notify
the responsible party of need for corrective measures to be taken. Grading
operations shall cease until corrective measures satisfactory to the director of
public works have been taken.
(d) When a permittee has been served with a written notice, either by mail or personal
service for failure to comply with any provision of this chapter, or when a permittee
has had the permittee's permit suspended or revoked by the director of public
works, the permittee and any person connected with execution of the work
authorized by the permit shall be denied a grading, grubbing, or stockpiling permit
for such work until the permittee has complied and initiated action satisfactory to
the director of public works to comply with the provisions of this chapter.
(1983 CC, c 10, art 2, sec 10-17; am 2001, ord 01-108, sec 1.)
Article 3. Conditions and Specifications.
Section 10-18. Conditions of permit.
(a) The requirements of this section may be waived by the director of public works
after the permittee submits an engineer's soils report substantiating data regarding
the stability of the cut or fill slopes without complying with any of the requirements
therein.
(1) Height. Where a cut or fill is greater than fifteen feet in height, terraces or
benches shall be constructed at vertical intervals of fifteen feet except that
where only one bench is required, it shall be at the midpoint. The minimum
width of such terraces or benches shall be eight feet or as determined by the
director of public works, based upon the type of material encountered and
shall have suitable drainage provisions to control erosion on the slope face.
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EROSION AND SEDIMENTATION CONTROL § 10-18
(2) Cut Slopes. Under the following soil conditions, no cut may be steeper in slope
than the ratio of its horizontal to its vertical distance as shown below:
1/2 horizontal to 1 vertical in unweathered rock;
11 horizontal to 1 vertical in decomposed rocks or rock and soil mixture;
2 horizontal to 1 vertical in low plasticity soils;
3 horizontal to 1 vertical in high plasticity soils for cuts up to five feet in
vertical depths. Slopes for cuts exceeding this depth shall be as
recommended in the engineer's soils report.
(3) Fill Slopes. Under the following soil conditions, no fill may be steeper in slope
than the ratio of its horizontal to its vertical distance as shown below:
11 horizontal to 1 vertical in rock and soil mixture;
2 horizontal to 1 vertical in low plasticity soils;
3 horizontal to 1 vertical in high plasticity soils for fills up to five feet in
vertical height. Slopes for fills exceeding this height shall be as
recommended in the engineer's soils report.
(1983 CC, c 10, art 3, sec 10-18; am 1986, ord 86-6, sec 1; am 2001, ord 01-108, sec 1.)
Section 10-19. Distance from property line of cut or fill slope.
(a) The horizontal distance from the top of a cut slope or the bottom of a fill slope to the
adjoining property line shall be as follows:
Height of Cut or Fill Distance from Property Line
(in feet)
Zero feet to 4 feet 2
More than 4 feet to 8 feet 4
More than 8 feet to 15 feet 6
More than 15 feet 8
These requirements may be modified by the director of public works when cuts
or fills are supported by retaining walls, approved by the building department, or
when the permittee submits an engineer's soils report stating that the soil
conditions will permit a lesser horizontal distance without causing damage or
danger to the adjoining property.
(b) A retaining wall of six feet and over shall be designed by a professional engineer
when deemed necessary by the director of public works. Setback requirements of
the County zoning ordinance are referenced herein and the State land use
commission and County zoning ordinance and other agencies' requirements on
shoreline improvements shall be complied with.
(1983 CC, c 10, art 3, sec 10-19; am 2001, ord 01-108, sec 1.)
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§ 10-20 HAWAII COUNTY CODE
Section 10-20. Maximum cleared area.
The maximum area of land that may be cleared for grading or grubbing is twenty
acres. The area of land that may be cleared may be increased or reduced by the director
of public works to control pollution and minimize storm damage. Additional area shall
not be cleared for grading or grubbing until measures to prevent dust or erosion
problems in the area already graded or grubbed have been completed.
(1983 CC, c 10, art 3, sec 10-20; am 2001, ord 01-108, sec 1.)
Section 10-21. Fill materials.
The fill material may consist of rock, gravel, sand, soil, or a mixture thereof. Except
for slopes, the fill shall be compacted to ninety percent of maximum density as
determined by the ASTM soil compaction test D1557, as amended. The director of public
works shall inspect the work and may require adequate inspection and compaction
control substantiated by test results by an engineer qualified to prepare an engineer's
soils report. These requirements may be modified by the director of public works if the
permittee submits an engineer's soils report substantiating with appropriate
investigation and analysis that the required ninety percent compaction density may be
lowered without causing excessive settlement, creep, or stability problems.
(1983 CC c 10, art 3, sec 10-21; am 2001, ord 01-108, sec 1.)
Section 10-22. Preparation of ground surface; vegetation.
(a) Before placing fill or stockpiling, the natural ground surface shall be prepared by
removing the vegetation and, if required by the director of public works, shall be
keyed by a series of benches. No fill shall be placed over any water spring, marsh,
refuse dump, nor upon a soggy or springy foundation, provided that this
requirement may be waived by the director of public works if the permittee submits
an engineer's soils report substantiating data regarding the safety of the fill.
(b) Whenever feasible natural vegetation should be retained. If removed, trees, timber,
plants, shrubbery, and other vegetation, after being uprooted, displaced, or
dislodged from the ground by excavation, clearing, or grubbing, shall not be stored
or deposited along the banks of any stream, river, or natural water course. After
being uprooted, displaced or dislodged, such vegetation shall be disposed of and
removed from the site within a reasonable time, but not to exceed three months.
Exceptions providing for burial in open areas may be allowed as determined by the
director of public works.
(1983 CC, c 10, art 3, sec 10-22; am 2001, ord 01-108, sec 1.)
Section 10-23. Report after grading; notification on completion.
(a) When grading involves cuts or fills for which an engineer's soils report is required,
the permittee shall submit a report summarizing the construction technique and
inspection data as well as a statement regarding conformity to this chapter and the
project specifications.
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EROSION AND SEDIMENTATION CONTROL § 10-23
(b) The permittee or the permittee's agent shall notify the director of public works or
the director's representative when the grading operation is ready for final
inspection. Final approval shall not be given until all work including installation of
all drainage structures and their protective devices have been completed and the
required reports have been submitted.
(1983 CC, c 10, art 3, sec 10-23; am 2001, ord 01-108, sec 1.)
Section 10-24. Special conditions and requirements.
(a) Any person performing or causing to be performed an excavation or fill shall, at
that person's own expense, provide the necessary means to prevent the movement
of earth of the adjoining properties, to protect the improvements thereon, and to
maintain the existing natural grade of adjoining properties.
(b) Any person performing or causing to be performed, any excavation or fill shall be
responsible for the maintenance or restoration of street pavements, sidewalks,
curbs, and improvements of public utilities which may be affected. The
maintenance or restoration of street pavements, sidewalks and curbs shall be
performed in accordance with the requirements of the County and the maintenance
and restoration of improvements of public utilities shall be in conformity with the
standards of the public utilities companies affected.
(c) Any person depositing or causing to be deposited, any silt or other debris in ditches,
water courses, drainage facilities, and public roadways, shall remove such silt or
other debris. In case such person shall fail, neglect, or refuse to comply with the
provisions of this section within forty-eight hours after written notice, served upon
the person, either by mail or by personal service, the director of public works may
proceed to remove the silt and other debris or to take any other action the director
deems appropriate. The costs incurred for any action taken by the director of public
works shall be paid by such person.
(d) At any stage of the grading, grubbing or stockpiling work, if the director of public
works finds that further work as authorized by an existing permit is likely to create
soil erosion problems or to endanger any life, limb, or property, the director may
require safety precautions, which may include but shall not be limited to the
construction of more gradual slopes, the construction of additional silting or
sediment basins, drainage facilities or benches, the removal of rocks, boulders,
debris, and other dangerous objects which, if dislodged, are likely to cause injury or
damage, the construction of fences or other suitable protective barriers, the
planting and sodding of slopes and bare areas and the performance of additional
soil compaction. All planted or sodded areas shall be maintained. An irrigation
system or watering facilities may be required by the director of public works.
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§ 10-24 HAWAII COUNTY CODE
(e) At any stage of the grading, grubbing, or stockpiling operations, if the director of
public works finds that further work as authorized by an existing permit is likely to
create dust problems which may jeopardize health, property, or the public welfare,
the director of public works may require additional dust control precautions and, if
these additional precautions are not effective in controlling dust, may stop all
operations. These additional dust control measures may include such items as
sprinkling water, applying mulch treated with bituminous material, or applying
hydro mulch.
(1983 CC, c 10, art 3, sec 10-24; am 2001, ord 01-108, sec 1.)
Section 10-25. Drainage.
(a) Adequate provisions shall be made to prevent surface waters from damaging the
cut face of an excavation or the sloping surfaces of a fill. All drainage provisions
shall be designed to carry surface waters to a street, storm drain, natural water
course, or other area, approved by the director of public works as a safe place to
deposit and receive such waters. The director of public works may require such
drainage structures and pipes to be constructed or installed, which in his opinion,
are necessary to prevent erosion damage and to satisfactorily carry off surface
waters.
(b) Whenever the surface of a lot is excavated or filled, positive drainage shall be
provided to prevent the accumulation or retention of surface water in pits, gullies,
holes, or similar depressions which may create a hazard or nuisance.
(c) The flow of any existing and known natural underground drainage shall not be
impeded or changed so as to cause damage to adjoining property.
(1983 CC, c 10, art 3, sec 10-25; am 2001, ord 01-108, sec 1.)
Section 10-26. Erosion and sedimentation control.
All grading, grubbing, and stockpiling permits and operations shall conform to the
erosion and sedimentation control standards and guidelines established by the
department of public works in conformity with chapter 180C, Hawai`i Revised Statutes.
(1983 CC, c 10, art 3, sec 10-26.)
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