The Constraint District specifies the additional performance
required when critical or valuable physical, ecologic, or biologic
characteristics of the environment exist on the same parcel where
particular functions or uses may be developed.
(a)
To
implement the objectives of the six Development Restriction Zones
established in the General Plan.
(b)
To
identify those areas where particular physical, biologic and ecologic
characteristics of the land, water and atmosphere indicate that standard
requirements for development, modification or use may be inadequate
to insure the general health, safety or welfare of the public or the
maintenance of established physical, geologic and ecologic forms and
systems.
(c)
To
insure that development, modification or use will not create substantial
threats to health, safety and welfare of people, or to the maintenance
of established physical, biologic, and ecologic forms and systems.
(d)
To
permit development, modification or use when it can be shown, within
the limits of available knowledge, that ecologic interrelationship
will be improved or not significantly depreciated.
(Ord. No. 935, November
14, 2012)
(b)
The
standards established in each Constraint District shall apply to all
modifications, development or uses which are undertaken on lands within
the boundaries of the Districts and shall be in addition to the development
standards applicable to lands in the underlying Use and Special Treatment
Districts in which the lands are located.
(c)
When
land is located in more than one Constraint District, the more restrictive
standard concerning any subject matter of regulation shall apply.
(d)
Applications
for Zoning or Use Permits for uses, structures and development in
Constraint District shall include the information required by, and
shall establish conformity to the standards established for, the Constraint
District or Districts in which the lands in question are located.
(Ord. No. 935, November
14, 2012)
(b)
Lands
Included in the Drainage District.
(1)
The Drainage District includes all rivers, streams, storm water channels,
and outfall areas indicated in the Development Restriction Zones of
the General Plan and other areas of similar physical characteristics
and conditions.
(2)
Within two years after September 1, 1972, the Department of Public
Works on the basis of available information, shall prepare a master
drainage plan for the County that shall include:
(A)
The boundaries of watershed areas 100 acres or larger.
(B)
A classification of all rivers, streams, and water carrying channels
based on calculated existing carrying capacities and potential carrying
capacities.
(C)
The limitations on increased quantities of water by watershed which
may be added to any channel.
(D)
Water quality control standards and criteria for all constant flowing
rivers and streams and marine outfalls.
(E)
Proposed and anticipated channel revisions, new channels, and all
required structural appurtenances or conditioning to channels, with
estimated costs and projected scheduling of improvements.
(F)
Standards, regulations and procedures concerning drainage practices
in connection with development that effects water quality and quantity.
(3)
Upon approval by the Planning Commission and adoption by the Council,
this master drainage plan shall supplement the requirements of this
Section.
(c)
Requirements
for Development Within a Drainage District. Prior to the adoption
of a master drainage plan, no Zoning, Building or Use Permit shall
be issued, nor shall any use requiring the development, grading or
alteration of any portion of the Drainage District be permitted, unless
the applicant establishes conformity with the requirements of this
Section.
(1)
No water course or outfall of a water course shall be modified, constricted,
altered, piped, lined or substantially changed in any way unless first
approved by the Department of Public Works.
(2)
Development shall not be allowed on land adjacent to water courses
which increases the flow at peak discharge above the capacity of its
present channel, or materially increases the flood plain of downstream
water courses.
(3)
Pollutants shall not be discharged into any natural water course
that are considered harmful or dangerous by State, Federal or County
health or water control authorities to the public or to vegetation
and wildlife.
(4)
Development shall not be allowed that causes discharge or runoff
of substantial amounts of silt, construction materials, trash, solid
waste or other deleterious material.
(5)
The Department of Public Works shall require that detailed plans
and calculations accompany applications for development or modifications
of any water course or of any development, grading or clearing of
any land area.
(d)
Modification
of Requirements. The requirements of this Article shall not apply
to any area within the Drainage District where the applicant demonstrates
to the satisfaction of the Department of Public Works, that the area
in question should not have been included in the Drainage District
under the criteria established in this Section.
(Ord. No. 935, November
14, 2012)
(b)
Lands
Included. All lands subject to flooding and identified as flood fringe,
floodway, and general flood plain areas by the Federal Insurance Administration
in a scientific and engineering report entitled "The Flood Insurance
Study for the County of Kaua'i," dated March 9, 1987, with accompanying
Flood Insurance Rate Maps.
(c)
Requirements
for Development Within a Flood District. No Zoning, Building, or Use
Permit shall be issued, nor shall any use requiring the development,
grading or alteration of any portion of the Flood District be permitted,
unless the applicant establishes conformity with the requirements
of this Section.
(1)
Applications shall include:
(A)
Development plans indicating:
(i)
The location, size, nature, and intended use of all buildings, roads,
walkways and other impervious surfaces;
(ii)
Limits and extent of all clearing and grading operations; grading
plans showing existing and revised contour lines; cross sections showing
cuts and fills anticipated; angles of slopes and structural appliances
such as retaining walls and cribbing;
(iii)
Sizes and locations of existing and proposed surface and subsurface
drainage with expected quantities, velocities, and treatment of outfalls;
(iv)
Provisions for siltation and erosion control during construction
and plans for revegetation of all cleared or graded areas not covered
by impervious surfaces;
(v)
Identification of flood hazards on the site, including the delineation
of the floodways and base flood elevations.
(B)
When required by the Department of Public Works, hydrologic and geologic
reports showing the effects of the development on ground water recharge,
storm water retention and marine water quality shall be submitted.
(C)
When required by the Planning Director, an environmental impact study
indicating critical areas of concern and the effects of the proposed
development on physical, geologic, ecologic and environmental forms
and systems such as downstream water quality, flood plains, wildlife,
vegetation and marine ecologies, visual and historic amenities, and
air or ground water pollution.
(2)
The use, structure and development, if required, shall be subject
to additional construction and development standards provided in Sec.
15-1, Flood Plain Management.
(3)
The applicant shall demonstrate to the satisfaction of the Planning
Director, the Department of Public Works, and the Manager and Chief
Engineer of the County Water Department that the proposed development
will not have a detrimental effect on the ecology of the area and
that the potential damage to public utility, traffic service systems,
as a result of the development, has been substantially eliminated.
(Ord. No. 935, November
14, 2012)
(a)
Purpose.
(1)
To minimize the threat to public health and safety due to sea level
rise that increases the impacts of annual high wave run up and passive
flooding.
(2)
To promote resilient planning and design.
(3)
To minimize the expenditure of public money for costly flood control
projects necessitated from sea level rise impacts.
(4)
To minimize the need for rescue and relief efforts that are associated
with sea level rise flooding and generally undertaken at the expense
of the general public.
(5)
To ensure that those who occupy areas that are projected to be impacted
by sea level rise acknowledge and assume responsibility for their
actions.
(b)
General
Provisions.
(1)
Lands Included. All lands subject to annual high wave flooding and
passive flooding impacts projected by the Kauai Sea Level Rise Constraint
District Viewer (with 3.2 feet of sea level rise anticipated to occur
within this century) and within the County of Kaua'i Sea Level Rise
Constraint District (S-SLR).
(2)
Compliance. No structure shall be constructed, located, extended,
converted, or altered without full compliance with the terms of this
Article or other applicable regulations.
(3)
Other Laws and Regulations. All construction and improvements subject
to this Article shall comply with other applicable laws and regulations,
including but not limited to, the Flood Plain Management Ordinance,
Building Code, Electrical Code, Plumbing Code, Subdivision Ordinance,
Special Management Area Rules and Regulations, and Sediment and Erosion
Control Ordinance. In case of a conflict between this Article and
the requirements of any other Federal law, State law, or County ordinance,
such as the Flood Plain Management Ordinance, the more restrictive
requirements shall apply.
(4)
Interpretation. In the interpretation and application of this Article,
all provisions shall be:
(5)
Warning and Disclaimer of Liability. The degree of sea level rise
protection required by this Article is considered reasonable for regulatory
purposes and is based on scientific considerations. Larger floods
and hazards can and will occur on occasions. Sea level rise flood
elevations may be increased by human or natural causes. This Article
does not imply that land outside the area of the Constraint Sea Level
Rise District or uses permitted within such area will be free from
damage. This Article shall not create liability on the part of the
County of Kaua'i, any officer, or employee for any damages that result
from reliance on this Article or any administrative decision lawfully
made based on this Article.
(c)
"Annual high wave run up"
"Basement"
"Building footprint"
"County"
"County Engineer"
"Flood" or "flooding"
"Kaua'i Sea Level Rise Constraint District Viewer"
"Lowest floor"
"Passive flooding"
"Planning Director"
"Sea level rise flood elevation (SLRFE)"
"Structure,"
"Substantial damage"
"Substantial improvement"
Definitions.
is the distance over which the maximum annually occurring
significant wave height and associated peak period run-up and wash
across the shoreline.
means the portion of a building having its floor subgrade
(below ground level) on all sides.
shall mean all parts of a main building (excluding roof overhangs)
that rest on the ground directly or indirectly, including those portions
of the building that are supported by posts, piers, or columns. Building
footprint also includes attached garages, covered carports, bay windows
with floor space, lanais, decks, cantilevered decks. This definition
does not include vertical access, such as stairs or ramps.
means the County of Kaua'i.
means the County Engineer of the County of Kaua'i or his/her
authorized representative.
means a general condition of partial or complete inundation
of normally dry land areas from overflow of inland or marine water
resulting from any source or the unusual and rapid accumulation of
runoff or surface waters from any source.
is an online atlas in effect on October 14, 2022 and generated
by data used in the creation of the Hawai'i Sea Level Rise Vulnerability
and Adaptation Report that was mandated by Act 83, Session Laws of
Hawai'i (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations
depicting projections of future annual high wave run up and passive
flooding hazards due to rising sea levels. The methodology and data
were provided by the University of Hawai'i School of Ocean and Earth
Science and Technology (UH SOEST) through a collaborative project
led by the University of Hawai'i Sea Grant College Program (Hawai'i
Sea Grant) in partnership with DLNR and the State of Hawai'i Office
of Planning, and published under Anderson et al. 2018.
means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor,
for the purposes of this Article, provided that such enclosure is
not built so as to render the structure in violation of the applicable
non-elevation design requirements of this Chapter.
is flooding of low coastal lands due to sea level rise potentially
from multiple sources, including but not limited to seawater flowing
directly across the shoreline, backflow through storm drains, and
rising groundwater tables.
means the Planning Director of the Planning Department of
the County of Kaua'i.
the individual depth above existing grade per grid unit provided
by the County of Kauai Sea Level Rise Constraint District Viewer for
both the high wave run up hazard and the passive flooding hazard when
either of those are associated with 3.2 feet of sea level rise occurring
within this century.
for the purpose of the Sea Level Rise District (S-SLR), means
a walled and roofed building and includes gas or liquid storage tanks
that are principally above ground and includes manufactured homes
such as mobile homes.
means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its pre-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
means any combination of repairs, reconstruction, improvements,
or additions or other improvements to a structure over a 10 year period,
where the cumulative cost equals or exceeds 50% of the market value
of the structure before the start of construction of the first improvement
during that 10 year period. If the structure has sustained substantial
damage, any repairs are considered substantial improvement regardless
of the actual repair work performed. The cost of any substantial improvement,
including the cost to repair damage to pre-damage condition, shall
be reviewed and determined by the County Engineer or his/her authorized
representative. The term does not, however, include either: (1) any
project for improvement of a structure to correct existing violations
of a State or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions,
or (2) any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
(d)
Design
Standards.
(1)
Anchoring. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral movement of
the structure.
(2)
Elevation.
a.
Residential Structures. All new construction and substantial improvements
shall have the lowest floor (including basements) elevated at least
two feet above the highest sea level rise flood elevation (SLRFE)
located within the respective building footprint. This additional
two feet shall be calculated from the top of the SLRFE to the bottom
of the lowest horizontal structural member of the lowest floor, excluding
pilings, columns, and vertical accesses.
Fully enclosed areas below the lowest floor that are useable
solely for parking of vehicles, building access, or storage in an
area other than a basement shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters.
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect or meet or exceed
the following minimum criteria: A minimum of two openings having a
total net area of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided. The bottom
of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvres, valves, or other coverings
or devices provided that they permit the automatic entry and exit
of flood-waters.
b.
Nonresidential Structures. All new construction and substantial improvements
shall elevate the lowest floor, including basement, at least one foot
above the highest sea level rise flood elevation located within the
respective building footprint. This additional one foot shall be calculated
from top of the SLRFE to the bottom of the lowest horizontal structural
member of lowest floor, excluding pilings, columns, and vertical accesses.
(3)
Fill is prohibited for structural support.
(4)
No machinery or equipment that service a building, such as furnaces,
air conditioners, heat pumps, hot water heaters, washers, dryers,
elevator lift equipment, electrical junction and circuit breaker boxes,
and food freezers, are permitted below the respective SLRFE located
within the respective space the machinery is proposed to be situated.
(5)
All interior wall, floor, and ceiling materials located below the
sea level rise flood elevations must be unfinished and resistant to
flood damage. The design standards set forth in the American Society
of Civil Engineers (ASCE) 24 Flood Resistant Design and Construction
shall be followed.
(6)
Front, Rear, and Side Setback Areas. The following may be located
within the required setback areas:
(7)
All design standards shall conform, at a minimum, to the Kaua'i County
Code's Floodplain Management Regulations (See Title V, Chapter 15,
Article 1 Floodplain Management). Additionally, per the State Building
Code Council, as of November 13, 2020 Kaua'i County is required to
adopt the 2012 International Building Code Council and will be required
to adopt the 2018 International Building Code in timeframes determined
by the State Building Code Council. The 2012 International Building
Code incorporates, by reference, that the ASCE section 24-05 Flood
Resistant Design and Construction be followed. The 2018 International
Building Code incorporates, by reference, that the American Society
of Civil Engineers (ASCE) section 24-14 Flood Resistant Design and
Construction be followed. The current versions of the IBC and ASCE
Flood Resistant Design and Construction shall be followed and the
more stringent criteria will comply where conflicts arise with the
SLRFE.
(e)
Nonconforming
Structures. Any nonconforming structure existing on the effective
date of this ordinance may continue subject to the following conditions:
(1)
Any repair, reconstruction, improvement, or addition to a nonconforming
structure; if it is determined to be substantial improvement or repair
of substantial damage, it shall comply with the applicable standards
for new construction in the Constraint Sea Level Rise District. However,
a repair, reconstruction, improvement, or addition to a nonconforming
structure will not have to comply with the applicable standards for
new construction if it meets one of the following criteria: (1) any
project for improvement of a structure to correct existing violations
of a State or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions,
or (2) any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
(2)
Replacement or reconstruction of a destroyed or demolished nonconforming
structure is considered new construction regardless of the actual
work performed and shall comply with the applicable standards of this
Article.
(3)
All relocated structures shall comply with the standards of the Article.
(f)
Determination
of Exemption.
(1)
Standards. A Determination of Exemption from the design standards
of this Article may be issued by a joint determination of the County
Engineer and the Planning Director where the applicant can demonstrate
that the proposal will not increase sea level rise flood heights,
create additional threats to public safety, create extraordinary public
expense, create nuisances, or conflict with existing local laws or
ordinances.
(2)
Request for Determination of Exemption. A request for Determination
of Exemption shall be submitted to the Planning Director and the County
Engineer. The application shall be signed and stamped by a registered
professional engineer or architect, and it shall include three sets
of documents with the following information as may be required by
the Planning Director and the County Engineer.
a.
Plans and specifications showing the site and location; dimensions
of all property lines and topographic elevation of the lot; existing
and proposed structures and improvements, fill, storage area; location
and elevations of existing and proposed streets and utilities; relationship
of the site to the location of the Sea Level Rise Constraint District,
flood boundary; floodway; and the existing and proposed flood control
measures and improvements.
b.
Cross-sections and profile of the area and the regulatory SLRFE elevations
and profile based on elevation reference marks on flood maps.
c.
Flood study and drainage report in areas where study and report have
not been reviewed and accepted by the County.
d.
Description of surrounding properties and existing structures and
uses and the effect of the regulatory flood on them caused by the
determination of exemption.
e.
An agreement, executed by the property owner, that a covenant will
be inserted in the deed and other conveyance documents of the property
and filed with the Bureau of Conveyances of the State of Hawai'i stating
that the property is located in the Sea Level Rise Constraint District
and is subject to flooding and flood damage; that a determination
of exemption to construct a structure below the SLRFE may result in
increased flood risks to life and property; that the property owners
will not file any lawsuit or action against the County for costs or
damages or any claim; that the property owners will indemnify and
hold harmless the County from liability when such loss, damage, injury,
or death results due to the determination of exemption and flooding
of the property; and that upon approval of the determination of exemption,
the covenants shall be fully executed and proof of filing with the
Bureau of Conveyances shall be submitted to the County Engineer prior
to the issuance of a building permit.
f.
Such other information as may be relevant and requested by the Planning
Director and the County Engineer.
(Ord. No. 935, November
14, 2012; Ord. No. 1134, October 14, 2022)
(a)
Purpose.
(1)
To insure public safety from earth slides and slips.
(2)
To minimize erosion and attendant siltation of downstream waters.
(3)
To insure safety from downstream flooding due to altered runoff characteristics.
(4)
To protect ecologic functions such as ground water recharge, wildlife
habitats, and vegetative communities.
(b)
Lands
Included. All land areas in excess of 20% slope (one foot of rise
or fall in five feet measured horizontally).
(c)
Requirement
for Development Within the Slope District. No Zoning, Building, or
Use Permit shall be issued, nor shall any use requiring the development,
grading, or alteration of any portion of the Slope District be permitted,
unless the applicant establishes conformity with the requirements
of this Section.
(1)
Applications for all subdivision development, land alteration or
clearing, other than one single family dwelling unit on an existing
parcel shall include specific development plans indicating:
(A)
The location, size, nature, and intended use of all buildings, roads,
walkways and other impervious surfaces.
(B)
Limits and extent of all clearing and grading operations; grading
plans showing existing and revised contour lines; cross sections showing
cuts and fills anticipated; angles of slopes and structural appliances
such as retaining walls and cribbing.
(C)
Sizes and locations of existing and proposed surface and subsurface
drainage with expected quantities and velocities and treatment of
outfalls.
(D)
Provisions for siltation and erosion control during construction
and plans and schedules for revegetation of all cleared or graded
areas not covered by impervious surfaces.
(E)
When required by the Department of Public Works, a soils and geology
report by a soils engineer defining existing soil and geologic stability
and other pertinent characteristics and certifying the stability of
the proposed development.
(F)
When required by the Planning Director, an environmental impact study
indicating critical areas of concern and the effects of the proposed
development on physical, biologic, ecologic and environmental forms
and systems, such as downstream water quality, flood plains, wildlife,
vegetation, and marine ecologies, visual and historic amenities, and
air or ground water pollution.
(2)
All graded areas not covered by a building or other impervious surfaces
and all fill slopes steeper than one foot of rise in three feet horizontally
shall be revegetated within six months of the commencement of grading
unless areas other than fill slopes must be left bare because of other
construction activities. The Department of Public Works may require
revegetation of portions of the graded area which in its opinion are
not necessary to in-progress construction, or where significant construction
activity has been suspended for over 60 days. Grading operations which
extend over one year shall require a time extension from the Department
of Public Works. All bare areas where excessive erosion and dust problems
may occur shall be revegetated prior to final inspection.
(Ord. No. 935, November
14, 2012)
(a)
Purpose.
To minimize the threat to public health and safety as a result of
development on soils that are unstable, have inadequate drainage characteristics,
or require abnormal structural solutions because of load bearing or
drainage characteristics.
(b)
Lands
Included. The Soils District shall include all land areas where:
(1)
The characteristics of the surface soils to a depth of five feet
inhibit water percolation to the point that it is unacceptable to
State and County health officials for use as septic effluent discharge,
or allows surface water to stand for over 12 hours.
(2)
The characteristic of the soil and subsurface geology makes the soil
inadequate as a bearing surface for standard building or road construction.
(3)
The characteristic of the soil in combination with slope, water,
wind, or other physical factors makes the soil unstable and subject
to sliding, slipping, or water or wind erosion.
(c)
Requirements
for Development Within a Soils District. No Zoning, Building or Use
Permit shall be issued, nor shall any use requiring the development,
grading or alteration of any portion of the Soils District be permitted,
unless the applicant establishes conformity with the requirements
of this Section.
(1)
Applications shall include soils and geologic reports by a soils
engineer submitted to the Department of Public Works indicating the
structure, drainage characteristics, and bearing capacities of the
land to be developed. The report shall include a topographic map of
the parcel indicating existing or potential slip, slide, or highly
erosive areas, and areas with poor surface drainage or inadequate
percolation rates.
(2)
The applicant shall demonstrate through detailed drawings that the
development will not contribute to the instability of the land and
that all structural proposals including roads and pavement have adequately
compensated for soil characteristics.
(3)
The applicant shall demonstrate through detailed drawings that the
proposed development will eliminate the potential of casual standing
water through positive drainage and that percolation rates are adequate
for the type of development proposed.
(4)
For the development of not more than one dwelling unit, the Department
of Public Works may waive any of the requirements of this Article
provided that requirements of the State Health Department and County
Building Code are met or exceeded.
(Ord. No. 935, November
14, 2012)
(a)
Purpose.
To minimize the threat to the public health and safety, and damage
to property due to extraordinary ocean wave action.
(b)
Lands
Included. All lands subject to flood hazards caused by extraordinary
ocean wave action, regardless of generating force, identified as coastal
high hazard areas by the Federal Insurance Administration in a scientific
and engineering report entitled "The Flood Insurance Study for the
County of Kaua'i," dated March 4, 1987, with accompanying Flood Insurance
Rate Maps.
(c)
Requirements
for Development in a Tsunami District. No Zoning, Building, or Use
Permit shall be issued for development of any portion of the Tsunami
District unless the applicant establishes conformity with the requirements
of this Section.
(1)
The following uses, structures, and developments shall not be permitted
in the Tsunami District:
(2)
The use, structure and development, if required, shall be subject
to additional construction and development standards provided in Sec.
15-1, Flood Plain Management.
(3)
Applications shall delineate the boundaries of the Tsunami District,
the coastal high hazard areas as shown on the flood maps, and designate
the base flood elevations for the site.
(Ord. No. 935, November
14, 2012)
