(a)
Findings
of Fact. Certain areas of the County are subject to periodic flooding
caused by heavy rain storms, high wave action, and tsunamis which
result in loss of life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety, and general welfare.
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazards which increase flood heights and
velocities, and when inadequately anchored, damage uses in other areas.
Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
(b)
Statement
of Purpose. It is the purpose of this Article to promote the public
health, safety, and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by provisions designed:
(1)
To protect human life and health;
(2)
To minimize expenditure of public money for costly flood control
projects;
(3)
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(4)
To minimize prolonged business interruptions;
(5)
To minimize damage to public facilities and utilities located in
areas of special flood hazard;
(6)
To help maintain a stable tax base by minimizing future flood loss;
(7)
To assist in notifying potential buyers that property is in an area
of special flood hazard; and
(8)
To ensure that those who occupy areas of special flood hazard assume
responsibility for their actions.
(c)
Methods
of Reducing Flood Losses. In order to accomplish its purpose, this
Article includes methods and provisions for:
(1)
Requiring that facilities be protected to minimize flood damage at
the time of initial construction;
(2)
Controlling filling, grading, dredging, and other development which
may increase flood damage;
(3)
Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters; and
(4)
Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
(Ord. No. 155, January
7, 1972; Sec. 15-1.1, R.C.O. 1976; Ord. No. 416, October 28, 1981; Ord. No. 630, July 16,
1993; Ord. No. 831, September 9, 2005; Ord. No. 1091, February 10, 2021)
(a)
Statutory
Authority. This Article is enacted pursuant to the U.S. National Flood
Insurance Act of 1968 (Public Laws 90-418 and 91-152), as amended,
and the U.S. Flood Disaster Protection Act of 1973 (Public Law 93-234),
as amended. In addition, the Legislature of the State of Hawai'i
has in Hawai'i Revised Statutes Section 46-1.5 and Section 46-11
authorized the counties to enact ordinances to promote health and
safety and to qualify, participate, and apply for flood insurance
coverage under the National Flood Insurance Program.
(b)
Lands
Subject to this Article. This Article shall apply to all areas of
special flood hazards identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled "The
Flood Insurance Study for Kaua'i County, Hawai'i,"
dated February 26, 2021, with accompanying Flood Insurance Rate Maps
and any subsequent revisions and amendments to such study and maps,
which are adopted by reference as a part of this Article; and lands
outside the identified special flood hazard areas encompassing and
adjacent to a river, stream, stormwater channel, outfall area, or
other inland water or drainage facility determined by the County Engineer
to be subject to special flood hazards. The different special flood
hazard areas are as follows:
(c)
Compliance.
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this
Article and other applicable regulations.
(d)
Legislative
History and Effective Date. This Article was originally adopted by
Ord. No. 155 on January 7, 1972, and amended in 1976, 1981, 1987,
1993, 1995, 2002, and 2005. Amendments adopted in 2021 shall take
effect on February 10, 2021.
(e)
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 Comprehensive Zoning Ordinance,
Building Code, Electrical Code, Plumbing Code, Subdivision Ordinance,
and Sediment and Erosion Control Ordinance. This Article, designed
to reduce flood losses, shall take precedence over any less restrictive,
conflicting laws, ordinances, and regulations.
(g)
Warning
and Disclaimer of Liability. The degree of flood protection required
by this Article is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This Article does not imply that land
outside the areas of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This Article
shall not create liability on the part of the County of Kaua'i,
any officer or employee thereof, or the Federal Emergency Management
Agency, for any flood damages that result from reliance on this Article
or any administrative decision lawfully made thereunder.
(Ord. No. 155, January
7, 1972; Sec. 15-1.1, R.C.O. 1976; Ord. No. 416, October 28, 1981; Ord. No. 630, July 16,
1993; Ord. No. 696, September 25, 1995; Ord. No. 788, August 13, 2002; Ord.
No. 831, September 9, 2005; Ord. No. 1091, February 10, 2021)
Unless plainly evident from the context that a different meaning
is intended, the words and terms used herein are only applicable to
this Article and defined as follows:
means a dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification
which may alter, impede, retard or change the direction and/or velocity
of the riverine flow of water during conditions of the base flood.
is the land in the floodplain within a community subject
to a one percent (1%) or greater chance of flooding in any given year
or determined by the County Engineer in areas adjacent to drainage
facilities not identified in the FIRM. The areas may be designated
in the FIRM as Zones A, AO, AH, AE, or VE. For purposes of these regulations,
the term "special flood hazard area" is synonymous in
meaning with the phrase "area of special flood hazard."
means the flood having a one percent (1%) chance of being
equaled or exceeded in any given year, otherwise commonly referred
to as the 100-year flood.
means the water surface elevation of the base flood.
means the portion of a building having its floor subgrade
(below ground level) on all sides.
mean any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material which are not part of the structural support
of the building and which are so designed as to breakaway, under abnormally
high tides or wave action, without causing collapse, displacement,
or other structural damage to the elevated portion of the building
or supporting foundation system.
means the area subject to high velocity waters including,
but not limited to, coastal and tidal inundation or tsunamis. The
area is designated on a FIRM as Zone VE.
means the County of Kaua'i.
means the County Engineer of the County of Kaua'i or
his/her authorized representative.
means any man-made change to improved or unimproved real
estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
means the preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
means the federal agency that, in addition to carrying out
other functions, administers the National Flood Insurance Program.
means a general and temporary condition of partial or complete
inundation of normally dry land areas from overflow of inland or tidal
water resulting from any source, such as tsunamis, or the unusual
and rapid accumulation of runoff or surface waters from any source.
means the portion of the floodplain outside the floodway,
designated as AE, AO, and AH zones on the FIRM.
means the official map on which the Federal Emergency Management
Agency has delineated the areas of special flood hazards, risk premium
zones applicable, base flood elevations, and the floodway.
means the official report provided by the Federal Emergency
Management Agency that includes flood profiles, the FIRM, and the
water surface elevation of the base flood.
means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than a designated height.
means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water, including
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage
or related manufacturing facilities.
means the area consisting of the approximate floodplain area
as delineated on the flood maps, identified as A, D and X zones on
the FIRM, where detailed engineering studies have not been conducted
by the Federal Emergency Management Agency to delineate the flood
elevations and floodway.
means any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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
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.
means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include a "recreational
vehicle."
means a parcel (or contiguous parcels) of land divided into
two (2) or more manufactured home lots for rent or sale.
for floodplain management purposes means structures for which
the start of construction commenced on or after the effective date
of November 4, 1981, and includes any subsequent improvements to such
structures.
means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after the effective
date of floodplain management regulations adopted by a community.
means a vehicle which is: (1) built on a single chassis;
(2) four hundred (400) square feet or less when measured at the largest
horizontal projection; (3) designed to be self-propelled or permanently
towable by a light duty truck; and (4) designed primarily not for
use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
means a home or business or structure damaged by floods two
(2) times in the past ten (10) years, where the cost of fully repairing
the flood damage to the building, on the average, equaled or exceeded
twenty-five percent (25%) of its market value at the time of each
flood.
means the same as "area of special flood hazard."
(for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)) includes
substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition placement, or other improvement was within
one hundred eighty (180) days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on a site, such as pouring of a slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
means a walled and roofed building and includes gas or liquid
storage tanks that is principally above ground and include 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 fifty percent (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 ten (10)
year period, where the cumulative cost equals or exceeds fifty percent
(50%) of the market value of the structure before the start of construction
of the first improvement during that ten (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."
means a great sea wave produced by submarine earth movement
or volcanic eruption.
means the failure of a structure or other development to
be fully compliant with the community's floodplain management
regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance
required in this Floodplain Management Ordinance is presumed to be
in violation until such time as that documentation is provided.
means a river, creek, stream, channel or other topographic
feature in, on, through, or over which water flows at least periodically.
(Ord. No. 155, January
7, 1972; Sec. 15-1.1, R.C.O. 1976; Ord. No. 416, October 28, 1981; Ord. No. 630, July 16,
1993; Ord. No. 831, September 9, 2005; Ord. No. 1091, February 10, 2021)
(a)
Permits
for All Proposed Construction or Other Development in the County.
Permits for all proposed construction or other development in the
County, including building permits, certificates of occupancy, grading
permits, subdivision approvals, and use, zoning and shoreline management
area (SMA) permits, are required so that it may be determined whether
such construction or other development is proposed within flood-prone
areas. No building permit, certificate of occupancy, or grading permit
shall be issued or subdivision shall be approved without the approval
of the County Engineer or his/her authorized representative, with
respect to compliance with the provisions of this Article.
(b)
Certificate
of Occupancy Required in Special Flood Hazard Areas. Notwithstanding
the applicable requirements of the Building Code, a certificate of
occupancy shall be required before any new construction or substantial
improvement in the special flood hazard areas may be used or occupied.
(c)
County
Engineer. The County Engineer and his or her authorized representative,
with the cooperation and assistance of other County departments, shall
administer the provisions of this Article.
(d)
Duties
and Responsibilities of the County Engineer. The duties and responsibilities
of the County Engineer shall include, but not be limited to:
(1)
Permit Review.
(A)
Review all building permits, certificates of occupancy, grading permits,
and subdivision proposals to determine whether the requirements of
this Article have been satisfied.
(B)
See that all other required State and Federal permits have been obtained,
including permits pursuant to Section 404 of the Clean Water Act.
(C)
Review permits and proposals to determine that the site is reasonably
safe from flooding.
(D)
Review permits and proposals to determine that the proposed construction
or development will not decrease the flood-carrying capacity of the
area of special flood hazard.
(2)
Information to be Obtained and Maintained by the County Engineer.
Obtain and maintain for public inspection:
(A)
The flood insurance study and flood insurance rate maps for the County;
(B)
The certified elevation of the lowest floor;
(C)
The floodproofing certification for spaces in nonresidential structures
that are designed to be dry floodproofed in accordance with this Section;
(D)
The certified final pad elevation where the site is filled above
the base flood level;
(E)
The certification that an encroachment in the floodway will not result
in any increase in flood levels during base flood discharge;
(F)
The assurance that the flood carrying capacity of altered or relocated
watercourses will be maintained; and
(G)
The certification of elevation and certification of the design of
structural support for structures in the coastal high hazard (i.e.,
tsunami) area. This certificate of elevation shall state the elevation
(in relation to mean sea level) of the bottom of the lowest horizontal
structural member of the lowest floor (excluding pilings and columns)
of all new and substantially improved structures, and whether or not
such structures contain a basement.
(3)
Interpretation of Maps. Make interpretations where needed, as to
the exact location of the boundaries of the areas of special flood
hazards.
(4)
Use of Other Base Flood Data. When base flood elevation data has
not been provided by the Federal Emergency Management Agency, the
County Engineer shall obtain, review, and reasonably utilize any base
flood elevation and floodway data available from Federal, State, or
other sources, in order to administer this Article.
(5)
Submit New Technical Data. A community's base flood elevations
may increase or decrease resulting from physical changes affecting
flooding conditions. As soon as practicable, but not later than six
(6) months after the date such information becomes available, a community
shall notify the Federal Emergency Management Agency of the changes
by submitting technical or scientific data through the letter of map
revision process.
(Ord. No. 155, January
7, 1972; Sec. 15-1.1, R.C.O. 1976; Ord. No. 416, October 28, 1981; Ord. No. 630, July 16,
1993; Ord. No. 685, May 10, 1995; Ord. No. 831, September 9, 2005; Ord. No. 1091, February 10, 2021)
(a)
Flood
Fringe. The flood fringe areas are identified on the FIRMs as AE,
AO, and AH zones.
(1)
Anchoring. All new construction, repetitive loss structures, and
substantial improvements shall be anchored to prevent flotation, collapse
or lateral movement of the structure.
(2)
Construction Materials and Methods.
(A)
All new construction, repetitive loss structures, and substantial
improvements shall be constructed with materials and utility equipment
resistant to flood damage.
(B)
All new construction, repetitive loss structures, and substantial
improvements shall be constructed using methods and practices that
minimize flood damage.
(C)
All electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during the conditions of flooding.
(3)
Elevation and Floodproofing.
(A)
Residential Structures. All new construction, repetitive loss structures,
and substantial improvements of residential structures within Al-30,
AE, AO, and AH zones on the community's FIRM shall have the
lowest floor (including basements) elevated to or above the base flood
level. 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 and which are subject to flooding, 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 (2) openings having
a total net area of not less than one (1) 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 (1) foot above grade.
Openings may be equipped with screens, louvers, valves, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
(B)
Nonresidential Structures. All new construction, repetitive loss
structures, and substantial improvements of nonresidential structures
shall either:
(i)
Elevate the lowest floor, including basement, to or above the base
flood elevation; or
(ii)
Together with attendant utility and sanitary facilities be floodproofed
so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water and have structural
components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
(C)
All manufactured homes must be installed on a permanent foundation
and the lowest floors shall be elevated to or above the base flood
elevation plus one (1) foot. Manufactured homes shall comply with
the anchoring, construction materials and methods, machinery and equipment
requirements of this Section and fully enclosed areas below the lowest
floor shall be useable solely for parking of vehicles, building access,
or storage and shall comply with the applicable provisions in this
Section for flood openings.
(D)
No machinery or equipment which 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 base flood elevation; and
all interior wall, floor and ceiling materials located below the base
flood elevation must be unfinished and resistant to flood damage;
and the walls of any enclosed area below the base flood elevation
must be constructed in a manner to prevent flotation, collapse, lateral
movement of the structure.
(E)
Building Height. Notwithstanding the maximum building height limitations
as stated in overall building and wall plate height, provided in Paragraph
8-4.5(b) for single-family detached and attached residential dwellings
under the Comprehensive Zoning Ordinance and Paragraph 10-2.4(e)(1)
for all structures under the North Shore Development Plan Ordinance,
the maximum building height in the flood fringe area shall be as follows:
(i)
Within the North Shore Planning Area. No structure shall be higher
than twenty-five (25) feet from ground level or the base flood elevation
plus fifteen (15) feet, whichever is greater at the site, unless a
greater height is authorized by the Planning Commission pursuant to
a use permit after review and recommendation by the North Shore Improvement
Committee.
(ii)
Single-Family Dwellings Outside the North Shore Special Planning
Area. No singlefamily detached and attached dwellings outside the
North Shore special planning area shall be higher than thirty (30)
feet from ground or the base flood elevation plus fifteen (15) feet,
whichever is greater at the site unless otherwise permitted by the
Planning Commission.
(4)
Water and Sewer.
(A)
All new and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the system and discharge from systems into floodwaters.
(B)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(5)
Certification by Engineer or Architect. Building plans for new construction,
repetitive loss structures, and substantial improvements shall be
certified by a registered professional structural engineer or architect
that the new construction is designed in compliance with the requirements
of this Section. For nonresidential buildings that are dry floodproofed
in accordance with this Section, the certification shall state that
the design and methods of construction are in accordance with accepted
standards of practice for meeting those requirements. Prior to the
issuance of the certificate of occupancy, the elevation of the lowest
floor shall be certified by a registered professional civil engineer
or surveyor.
All new construction, repetitive loss structures, and substantial
improvements shall be designed (or modified) and adequately anchored
to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy, be constructed with materials resistant to flood damages
and be constructed by methods and practices that minimize flood damages.
(6)
In AE zones along watercourses where no floodway has been designated,
no new construction, repetitive loss structures, substantial improvements,
or other development (including fill) shall be permitted in the AE
zone on the community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one (1) foot
at any point within the community.
(7)
Recreational vehicles shall:
(A)
Be on the site for fewer than one hundred eighty (180) consecutive
days, or
(B)
Be fully licensed and ready for highway use. A recreational vehicle
is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
(8)
When alteration or relocation of a watercourse is proposed, the State
of Hawai'i Commission on Water Resource Management and the Hawai'i
Department of Land and Natural Resources (Engineering) shall be notified
and a copy of the notification shall be submitted to the County Engineer
and the Federal Emergency Management Agency. If the State of Hawai'i
Commission on Water Resource Management allows alteration and relocation
of streams, the applicant shall assure the flood carrying capacity
within the altered or relocated portion of any watercourse will be
maintained.
(9)
Development for which specific requirements are not specified in
this Article shall:
(A)
Be located and constructed to minimize flood damage.
(B)
Be anchored to prevent flotation, collapse or lateral movement resulting
from flood loads during conditions of the base flood.
(C)
Be constructed of flood damage-resistant materials.
(D)
Have machinery and equipment elevated to or above the base flood
elevation plus one (1) foot or specifically designed to prevent water
from entering or accumulating within the components during the conditions
of flooding.
(b)
Floodway.
The floodway, identified on the FIRMs, is the watercourse reserved
to discharge the base flood.
(1)
Development Standard. Encroachments, including fill, new construction,
repetitive loss structures, and substantial improvements of structures,
are prohibited in the floodway unless certified by a registered professional
civil engineer, with supporting data that the encroachment will not
cause any increase in base flood elevations during the occurrence
of the base flood discharge.
(2)
Construction Standards. If permitted pursuant to Paragraph (1) of this Subsection, all new construction, repetitive loss structures, and substantial improvements shall comply with all applicable requirements prescribed in Subsection (a) of this Section and Section 15-1.6.
(3)
Certification for Development. A registered professional civil engineer
shall certify that the encroachment, including fill, new construction,
repetitive loss structures, or substantial improvement will not result
in any increase in base flood elevations during the occurrence of
the base flood discharges.
(c)
Coastal
High Hazard Areas (Tsunami). Coastal high hazard areas, more commonly
known as tsunami inundation areas, are identified as VE zones on the
FIRMs.
(1)
Anchoring and Structural Support.
(A)
All new construction, repetitive loss structures, and substantial
improvements shall be securely anchored on pilings or columns.
(B)
Pilings or columns used as structural support shall be designed and
anchored so as to prevent flotation, collapse, and lateral movement,
due to the effects of wind and water loads acting simultaneously on
all building components. The wind and water loading values shall each
have a one percent (1%) chance of being equaled or exceeded in any
given year.
(C)
Fill is prohibited for structural support.
(D)
Manmade alteration of sand dunes and mangrove stands is prohibited.
(E)
All new construction shall be located landward of the reach of mean
high tide.
(2)
Construction Materials and Methods.
(A)
All new construction, repetitive loss structures, and substantial
improvements shall be constructed with materials resistant to flood
damage.
(B)
All new construction, repetitive loss structures, and substantial
improvements shall be constructed using methods and practices that
minimize flood damage.
(C)
All electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be elevated to or above
the lowest floor.
(3)
Elevation. All new construction, repetitive loss structures, and
substantial improvements shall be elevated so that the bottom of the
lowest horizontal structural member of the lowest floor, excluding
pilings and columns, is elevated to or above the base flood elevation.
(4)
Building Height. Notwithstanding the maximum building height limitations
as stated in overall building and wall plate height, provided in Paragraph
8-4.5(b) for single-family detached and attached residential dwellings
under the Comprehensive Zoning Ordinance and Paragraph 10-2.4(e)(l)
for all structures under the North Shore Development Plan Ordinance,
the maximum building height in the coastal high hazard area shall
be as follows:
(A)
Within the North Shore Planning Area. No structure shall be higher
than twenty-five (25) feet from ground level or the base flood elevation
plus fifteen (15) feet, whichever is greater at the site, unless a
greater height is authorized by the Planning Commission pursuant to
a use permit after review and recommendation by the North Shore Improvement
Committee.
(B)
Single-Family Dwellings Outside the North Shore Special Planning
Area. No single-family detached and attached dwellings outside the
North Shore special planning area shall be higher than thirty (30)
feet from ground or the base flood elevation plus fifteen (15) feet,
whichever is greater at the site unless otherwise permitted by the
Planning Commission.
(5)
Enclosure of Space Below Lowest Floor with Breakaway Walls. Space
below the lowest floor may be enclosed solely for parking of vehicles,
building access, or storage; no machinery or equipment which services
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; however,
enclosure must only be achieved with breakaway walls, open wood latticework,
or insect screening intended to collapse under wind and water loads
without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system.
A breakaway wall shall have a design safe loading resistance of not
less than ten (10) and no more than twenty (20) pounds per square
foot. Use of breakaway walls which exceed a design safe loading resistance
of twenty (20) pounds per square foot may be permitted only if a registered
professional structural engineer that the design proposed meet the
following conditions:
(A)
Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and
(B)
The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural
damage due to the effects of wind and water loads acting simultaneously
on all building components (structural and nonstructural). Maximum
wind and water loading values to be used in this determination shall
each have one percent (1%) chance of being equaled or exceeded in
any given year (100-year mean occurrence interval).
(6)
Water and Sewer.
(A)
All new and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the system and discharge from systems into floodwaters.
(B)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(7)
Certification by Engineer or Architect. Building plans for new construction,
repetitive loss structures, and substantial improvements shall be
certified by a registered professional structural engineer or architect
that the new construction or substantial improvement is designed and
methods of construction to be used are in accordance with accepted
standards of practice for meeting the requirements of this Section.
Prior to the issuance of the certificate of occupancy, the elevation
of the bottom of the lowest structural member of the lowest floor
shall be certified by a registered professional civil engineer or
land surveyor.
All new construction, repetitive loss structures, and substantial
improvements shall be designed (or modified) and adequately anchored
to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects
of wind and buoyancy, be constructed with materials resistant to flood
damages and be constructed by methods and practices that minimize
flood damages.
(8)
The placement of mobile homes or manufactured homes in the coastal
high hazard flood zone is prohibited.
(9)
Recreational vehicles placed on sites within Zone VE on the community's
FIRM shall either:
(A)
Be on the site for fewer than one hundred eighty (180) consecutive
days, or
(B)
Be fully licensed and ready for highway use. A recreational vehicle
is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
(10)
Development for which specific requirements are not specified in
this Article shall:
(A)
Be located and constructed to minimize flood damage.
(B)
Be anchored to prevent flotation, collapse or lateral movement resulting
from flood loads during conditions of the base flood.
(C)
Be constructed of flood damage-resistant materials.
(D)
Have machinery and equipment elevated to or above the base flood
elevation plus one (1) foot.
(d)
General
Floodplain. The general floodplain, identified as A, X and D zones
on the FIRMs, are areas of special flood hazards for which detailed
engineering studies were not done by the Federal Emergency Management
Agency to determine the base flood elevations and to identify the
floodways.
(1)
Determination of Flood Hazards. The County Engineer shall obtain,
review, and reasonably utilize any base flood elevation and floodway
data available from a Federal, State, or other source, including information
requested of the applicant, to determine base flood elevations and
the location of floodways in the general floodplain and to determine
whether the proposed building sites or subdivisions (including manufactured
home parks) will be reasonably safe from flooding.
(2)
Determination of Applicable Construction and Development Standards.
Construction and development standards provided in Subsections (a)
and (b) of this Section shall apply to new construction, repetitive
loss structures, and substantial improvements in general floodplains
identified as A and D zones on the FIRM, and shall apply to new construction
and substantial improvements in general floodplains identified as
X zones on the FIRM, when determined applicable by the County Engineer.
The applicable standards in Subsection (a) of this Section shall apply
to development other than new construction, repetitive loss structures,
and substantial improvements in general floodplain identified as A
and D zones on the FIRM, when determined applicable by the County
Engineer.
(3)
Information to be Provided. The following information shall be provided
to the County Engineer to evaluate the proposed construction on improvement
site:
(A)
Project location and site plan showing dimensions.
(B)
Relationship to floodway and flood fringe areas as determined by
flood study.
(C)
Topographic data, contours, or spot elevations based on reference
marks on flood maps.
(D)
Existing and proposed flood-proofing and flood control measures.
(E)
Elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new and substantially improved structures; and if
the structure has been floodproofed, the elevation to which the structure
was floodproofed.
(F)
The State of Hawai'i Commission on Water Resource Management
and the Hawai'i Department of Land and Natural Resources (Engineering)
shall be notified prior to any alteration or relocation of a watercourse
and a copy of the notification shall be submitted to the County Engineer
and the Federal Emergency Management Agency. If the State of Hawai'i
Commission on Water Resource Management allows alteration and relocation
of streams, the applicant shall assure the flood carrying capacity
within the altered or relocated portion of any watercourse will be
maintained.
(G)
A record of all of this information shall be maintained by the County
Engineer.
(e)
Construction
of Development Adjacent to Drainage Facility Outside Identified Special
Flood Hazard Areas.
(1)
Subject to Review. All new construction, repetitive loss structures,
and substantial improvements proposed adjacent to a drainage facility
outside of the special flood hazard area identified on the FIRMs shall
be subject to review and approval of the County Engineer. Upon request
by the County Engineer further information concerning base flood,
floodway, surface water run-off, existing and proposed drainage patterns,
and other information, including flood studies, findings and opinions
by a registered professional civil engineer shall be provided to evaluate
potential flooding.
(2)
Development and Construction Standards.
(A)
The County Engineer shall determine the applicability of the various
development and construction standards provided in this Article based
upon best information available from a Federal, State, or other source,
including information provided by the applicant.
(B)
No drainage facility shall be modified, constructed, lined, or altered
in any way unless approved by the County Engineer.
(Ord. No. 155, January
7, 1972; Sec. 15-1.1, R.C.O. 1976; Ord. No. 416, October 28, 1981; Ord. No. 630, July 16,
1993; Ord. No. 831, September 9, 2005; Ord. No. 1091, February 10, 2021)
(a)
Standards.
All subdivisions (including manufactured home parks and subdivisions)
within the special flood hazard areas shall:
(1)
Be consistent with the need to minimize flood damage;
(2)
Have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
and
(3)
Have adequate drainage provided to reduce exposure to flood damage;
in Zones AH and AO, adequate drainage paths around structures on slopes
shall be provided to guide floodwaters around and away from proposed
structures.
(b)
Identification
of Special Flood Hazards and Base Flood Elevations.
(1)
Subdivision Applications. All subdivision applications shall identify
the areas of special flood hazards and base flood elevations on the
preliminary subdivision map or proposed site plan. If such information
is not provided by the FIRMs, the County Engineer shall request and
the applicant shall provide this information for all new subdivision
applications and other proposed developments (including proposals
for manufactured home parks and subdivisions) that have greater than
fifty (50) lots or five (5) acres, whichever is the lesser (which
is when a subdivision meets the threshold of either fifty (50) lots
regardless of size, or five (5) acres regardless of number of lots).
For subdivisions with fifty (50) lots or less or five (5) acres or
less, the County Engineer may require and the applicant shall provide
such information.
(2)
Elevation Information on Approved Plans. All finally approved subdivision
plans for subdivisions within the special flood hazard areas shall
provide base flood elevations within the lots.
(3)
Fill Above Base Flood Elevation. If fill is used to elevate the site
of any lot above the base flood elevation, the final ground elevation
of the pad shall be certified by a registered professional civil engineer
or surveyor.
(Ord. No. 155, January
7, 1972; Sec. 15-1.1, R.C.O. 1976; Ord. No. 416, October 28, 1981; Ord. No. 630, July 16,
1993; Ord. No. 831, September 9, 2005; Ord. No. 1091, February 10, 2021)
(a)
Standards.
A variance from this Article may be issued by the County Engineer
only upon an application meeting the following standards:
(1)
There is a good and sufficient cause for requesting a variance;
(2)
The applicant will suffer exceptional hardship should the variance
be denied;
(3)
A variance is the minimum necessary, considering the flood hazard,
to afford relief; and
(4)
A variance will not increase base flood heights, create additional
threats to public safety, create extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
(b)
Considerations
Applicable to Standards. The Federal Emergency Agency (FEMA) has developed
principles and guidelines for the approval of any variance, and the
intent of such is incorporated herein.
These indicate that variances should be rarely granted, and
compliance to flood requirements is a necessity.
An explanation of the standards are as follows:
(1)
Good and Sufficient Cause for Variance. Under this criteria, the
applicant must demonstrate that the variance request is for land which
has physical characteristics so unusual that complying to flood requirements
will create exceptional hardship to the applicant or surrounding land
owners. The unique characteristics must pertain to the land itself
and not the structure, its inhabitants or the property owner.
Under this criteria, only exceptional instances should arise
where the physical characteristics of properties create a hardship
sufficient to justify granting a variance. Even in a fairly common
situation where an undeveloped lot is surrounded by properties with
structures built at grade and or below flood levels, a variance cannot
be justified since an applicant can erect the concerned structure
on pilings, etc.
(2)
Exceptional Hardships. Under this criteria, the hardship that would
result from failure to grant a requested variance must be exceptional,
unusual, and peculiar to the property involved. Mere economic or financial
hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's
neighbors cannot, as a rule, qualify as exceptional hardship.
As an example, a member of a household is physically handicapped
and wants a variance to build the dwelling at grade or at a lower
level for access purposes. A variance should not be issued because
the owner can construct a ramp or elevator to meet flood requirements.
Elevation will allow the infirm or handicapped person to be evacuated
in the early stage of flooding, and, if there is insufficient warning
or help in evacuating that person, then in all likelihood he or she
can survive the flood by simply remaining in the home safely above
the levels of floodwaters.
(3)
Increased Flood Heights. Under this criteria, an applicant must demonstrate
that flood levels will not be raised above the base flood elevations.
(4)
Minimum to Afford Relief. Under this criteria, the variance that
is granted should be for the minimum deviation from the flood requirements
that will still alleviate the hardship.
In the case of variance to an elevation requirement, this does
not mean approval to build at grade level or to whatever elevation
an applicant proposes, but rather to a level that the County Engineer
determines will both provide relief and preserve the integrity of
the flood ordinance.
(c)
Conditions
for Variance. Such conditions may include:
(1)
Modification of the construction or substantial improvement including
the sewer and water supply facilities.
(2)
Limitations on periods of use and operation.
(3)
Imposition of operational controls, sureties and deed restrictions.
(4)
Requirements for construction of channels, dikes, levees and other
flood-protective measures.
(5)
Floodproofing measures designed consistent with the regulatory flood
elevation, flood velocities, hydrostatic and hydrodynamic forces and
other factors associated with the base flood.
(6)
Other conditions as may be required by the County Engineer.
(d)
Functionally
dependent uses. A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally
dependent use, as defined in this ordinance, provided the variance
meets the requirements of the Section, is the minimum necessary considering
the flood hazard, and all due consideration has been given to use
of methods and materials that minimize flood damage during occurrence
of the base flood.
(e)
Application
for Variance. An application for a variance shall be submitted to
the County Engineer signed and stamped by a registered professional
engineer or architect, and shall include three (3) sets of documents
with the following information as may be applicable.
(1)
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; floodproofing
measures; relationship of the site to the location of the flood boundary;
floodway; and the existing and proposed flood control measures and
improvements.
(2)
Cross-sections and profile of the area and the regulatory flood elevations
and profile based on elevation reference marks on flood maps.
(3)
Flood study and drainage report in areas where study and report have
not been reviewed and accepted by the County.
(4)
Description of surrounding properties and existing structures and
uses and the effect of the regulatory flood on them caused by the
variance.
(5)
Evaluation and supporting information for the variance with respect
to each of the four (4) factors to be considered by the County Engineer
as listed in Subsection (b) of this Section.
(6)
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 a flood hazard area subject
to flooding and flood damage; that a flood hazard variance to construct
a structure below the base flood elevation will result in increased
flood insurance premium rates and 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 flood hazard
variance and flooding of the property; and that upon approval of the
variance, 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.
(7)
Such other information as may be relevant and requested by the County
Engineer.
(f)
Notification
and Record Keeping. The County Engineer shall notify the applicant
in writing over the signature of a County official that (i) the issuance
of a variance to construct a structure below the base flood elevation
will result in increased premium rates for flood insurance up to as
high as twenty-five dollars ($25.00) for one hundred dollars ($100.00)
of insurance coverage, and (ii) such construction below the base flood
level increases risk to life and property. Such notification shall
be maintained with a record of all variance actions. The County shall
(i) maintain a record of all variance actions, including justification
for their issuance, and (ii) report such variances issued in its annual
or biennial report submitted to the Federal Emergency Management Agency.
(Ord. No. 416, October
28, 1981; Ord. No. 500, March 31, 1987; Ord.
No. 630, July 16, 1993; Ord. No. 831, September 9, 2005; Ord. No. 1091, February
10, 2021)
Any nonconforming structure existing on the effective date of
November 4, 1981 or made nonconforming by a change in the special
flood hazard area, may continue subject to the following conditions:
(a)
Any
repair, reconstruction, improvement, or addition to a nonconforming
structure, if it is determined to be substantial improvement or repair
of substantial damage, shall comply with the applicable standards
for the special flood hazard areas; provided, however, that substantial
improvement of a damaged, destroyed, or demolished structure located
in a floodway will not be allowed unless a variance from the flood
requirements is obtained.
(b)
Replacement
or reconstruction of a destroyed or demolished nonconforming structure
is new construction and shall comply with the applicable standards
of this Article.
(c)
All
relocated structures shall comply with the applicable standards for
the special flood hazard area.
(Ord. No. 416, October
28, 1981; Ord. No. 500, March 31, 1987; Ord.
No. 630, July 16, 1993; Ord. No. 831, September 9, 2005; Ord. No. 1091, February
10, 2021)
(a)
Any
person, firm, or corporation violating any provision of this Article
shall be deemed guilty of a misdemeanor and each such person shall
be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this
Article is committed, continued, or permitted, and upon conviction
of any such violation such person shall be punished by a fine of not
more than five hundred dollars ($500.00) or by imprisonment for not
more than ninety (90) days, or by both such fine and imprisonment.
(b)
Any
building, structure, improvement, or development constructed or maintained
contrary to the provisions of this Article is deemed unlawful and
a public nuisance. The County may commence a civil action for the
abatement, removal, or enjoinment thereof in any manner provided by
law.
(c)
The
remedies provided in this Article are cumulative and nonexclusive.
(Ord. No. 416, October
28, 1981; Ord. No. 500, March 31, 1987; Ord.
No. 630, July 16, 1993; Ord. No. 831, September 9, 2005; Ord. No. 1091, February
10, 2021)
