ORDINANCE NO. 3687

BILL NO. 75 (2009)

A BILL FOR AN ORDINANCE AMENDING CHAPTER 19.62, MAUICOUNTY CODE, PERTAINING TO FLOOD HAZARD AREAS

BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI:

SECTION 1. Section 19.62.030, Maui County Code, is amended

to read as follows:

"19.62.030 Definitions. Definitions containedin regulations governing the National Flood InsuranceProgram, 44 CFR 59 through 77, as amended, areincorporated by reference and made a part of thischapter as though set forth fully herein. Where termsare not defined in this chapter, they shall have theirordinary accepted meanings within the context in whichthey are used or as they are defined in chapter 19.04.The following words and terms used herein are onlyapplicable to this chapter and are defined as follows:

"Architect" means a person who has a license topractice architecture in the State of Hawaii.

"Base flood" means the flood having a one percentchance of being [equalled] equaled or exceeded in anygiven year (also called the "100-year flood").

"Base flood elevation" means the water surfaceelevation of the base flood.

"Basement" means any area of a building havingits floor below ground level on all sides.

"Breakaway wall" means any type of wall, whethersolid or lattice, and whether constructed of concrete,masonry, wood, metal, plastic, or any other suitablebuilding material, that is not part of the structuralsupport of a building and which is designed to breakaway without damaging the structural integrity of thebuilding or other buildings to which it might becarried by floodwaters.

"Coastal high hazard area" means a special floodhazard area subject to high velocity wave action fromstorms or seismic sources and designated on a floodinsurance rate map (FIRM) as zone [V1-V30,] VE[,] orV.

"Development" means any manmade change toimproved or unimproved real estate, including[, butnot limited to,] walls, buildings, or otherstructures, filling, grading, excavation, mining,drilling operations, dredging, paving, or storage ofequipment or materials.

"Director" means the director of the [departmentof public works,] department of planning, [county]County of Maui, or the director's authorizedrepresentative.

"Encroachment" means the advance or infringementof uses, plant growth, fill, excavation, walls,buildings, permanent structures, or development into afloodplain which may impede or alter the flow capacityof a floodplain.

"Engineer" means a person who is licensed topractice civil or structural engineering in the Stateof Hawaii.

"FEMA" means Federal Emergency Management Agency. "Flood" or "flooding" means a general and

temporary condition of partial or complete inundationof normally dry land areas from the overflow of inlandor tidal waters, resulting from any source, such astsunamis, or the unusual and rapid accumulation ofrunoff of surface waters or mud from any source.

["Flood hazard boundary map (FHEM)" means the mapon which the Federal Emergency Management Agency orFederal Insurance Administration has delineated thespecial flood hazard areas."]

"Flood insurance rate map (FIRM)" means the mapon which the Federal Emergency Management Agency orFederal Insurance Administration has delineated boththe special flood hazard areas and the risk premiumzones applicable to the community.

"Flood insurance study" means the report providedby the Federal Insurance Administration that includesflood profiles, the flood insurance rate map, theflood hazard boundary map, and the water surfaceelevation of the base flood.

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"Floodproofing" means any combination ofstructural and nonstructural additions, changes, oradjustments to structures and properties that reducesflood damage to real estate or improved real property,water and sanitary facilities, structures, and theircontents.

"Floodway" means the channel or watercourse andthe adjacent land areas that must be reserved in orderto discharge the base flood without cumulativelyincreasing the water surface elevation more than onefoot.

"General floodplain" means an area of specialflood hazards for which detailed engineering studies were not performed by FEMA to determine the base floodelevations or to identify the floodways, and is identified as zones A, D, or V on the FIRM.

"Highest adjacent grade" means the highestnatural elevation of the ground surface beforeconstruction next to the proposed walls of astructure.

"Historic structure" means a structure that is:(a) listed individually in the National Register ofHistoric Places or preliminarily determined by theSecretary of the Interior as meeting the requirementsfor individual listing on the National Register; (b)certified or preliminarily determined by the Secretaryof the Interior as contributing to the historicalsignificance of a registered historic district or adistrict preliminarily determined by the secretary toqualify as a registered historic district; (c)individually listed on a state inventory of historicplaces pursuant to a historic preservation programapproved by the Secretary of Interior; or (d)individually listed on a local inventory of historicplaces pursuant to a historic preservation programcertified either (1) by an approved state program asdetermined by the Secretary of the Interior or (2)directly by the secretary.

"Limited storage" means a storage area of less than three hundred square feet enclosed by only openwood latticework or insect screening.

"Lowest floor" means the lowest floor of thelowest enclosed area (including basement). Anunfinished or flood-resistant enclosure, usable solelyfor parking of vehicles, building access, or storage,

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in an area other than a basement area, is notconsidered a building's lowest floor[.], provided that such enclosure is not modified so as to render the use in violation of the elevation design requirement ofthis chapter.

"Manufactured home" means a structure (other thana recreational vehicle), transportable in one or moresections, which is built on a permanent chassis and isdesigned for use with or without a permanentfoundation when attached to the required utilities.

"Market value" means the value determined byestimating the cost to replace the structure in newcondition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. In determining market value:

1. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry;

2. The amount of depreciation shall be determined by taking into account the age andphysical deterioration of the structure andfunctional obsolescence as approved by the director, but shall not include economic or otherforms of external obsolescence; and

3. Replacement costs or accrueddepreciation factors different from those inrecognized building cost estimating guides may be considered only if such costs or factors are included in a report prepared by an independent professional appraiser and supported by a writtenexplanation of the differences. "Mean sea level" means the national geodetic

vertical datum (NGVD) of 1929 or other datum, to whichbase flood elevations shown on a community's floodinsurance rate map are referenced.

"New construction" means structures for which the"start of construction" commenced on or after theeffective date of the ordinance codified in thischapter, as amended, and includes any subsequentimprovements to such structures.

"Recreational vehicle" means a vehicle which is(a) built on a single chassis; (b) 400 square feet orless when measured at the largest horizontal

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projection; (c) designed to be self-propelled orpermanently towable by a light duty truck; and (d)designed primarily not for use as a permanent dwellingbut as temporary living quarters for recreational,camping, travel, or seasonal use.

"Repetitive loss structure" means a structure that was damaged by flood two or more times within anyten-year period, where the cost of fully repairing the flood damage to the structure, on average, equaled orexceeded twenty-five percent of its market value at the time of each flood.

"Special flood hazard area (SFHA)" means an areahaving special flood or flood-related erosion hazards,and shown on [an FHBM or] a FIRM as zone A, AO, [Al-A-30,] AE, AEF, A99, AH, [V1-V30,] D, VE, or V.

"Start of construction" includes substantialimprovement and other proposed new development andmeans 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 eightydays from the date of the permit. The actual startmeans either the first placement of permanentconstruction of a structure on a site, such as thepouring of slab or footing, the installation of piles,the construction of columns, or any work beyond thestage of excavation; or the placement of amanufactured home on a foundation. Permanentconstruction does not include land preparation, suchas clearing, grading, and filling; nor does it includethe installation of streets or walkways; nor does itinclude excavation for a basement, footings, piers, orfoundations or the erections of temporary forms; nordoes it include the installation on the property ofaccessory buildings, such as garages or sheds notoccupied as dwelling units or not part of the mainstructure. For a substantial improvement, start ofconstruction means the first alteration of any wall,ceiling, floor, or other structural part of abuilding, whether or not that alteration affects theexternal dimensions of the building.

"Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, and a manufactured home.

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"Substantial damage" means damage of any originsustained by a structure whereby the cost of restoringthe structure to its pre-damaged condition would equalor exceed fifty percent of the market value of thestructure {excluding land) before the damage occurred.

"Substantial improvement" means anyreconstruction, rehabilitation, addition, or series of reconstruction, rehabilitation, or additions, or otherproposed new development of a structure[, the] orrepetitive loss structure, in any ten-year period, the cumulative cost of which equals or exceeds fiftypercent of the market value of the structure(excluding land) before the "start of construction" ofthe first improvement[.] during that ten-year period.This term includes structures that have incurred"substantial damage," regardless of the actual repairwork performed. An improvement shall constitute asubstantial improvement only if:

1. The structure was constructed on or before June 1, 1981;

2. The structure was constructed after June 1, 1981 and was not within a special flood hazard area atthe time of the issuance of the building permit;

3. The structure was constructed after June 1, 1981 and was the subject of a map change that resultedin higher base flood elevations; or

4. The structure was constructed after June 1, 1981 and was the subject of a map change that resultedin a FIRM zone change. The term does not, however,include either:

[(1) any]l. Any project for improvement of astructure to correct existing violations of state orcounty health, sanitary, or safety specifications; or

[(2) any]2. Any alteration of a historicstructure, provided that the alteration will notpreclude the structure's continued designation as ahistoric structure.

"Surveyor" means a person who is licensed topractice surveying in the State of Hawaii.

"Violation" means the failure of a structure orother development to be fully compliant with this chapter. A structure or other development without arequired elevation certificate, other certification, or other evidence of compliance with this chaptershall be presumed to be in violation until such time

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as the required certificate or other evidence of compliance is provided.

"Watercourse" means a stream, wash, channel, orother topographic feature on or over which waters flowat least periodically.

"Water surface elevation" means the height, inrelation to the national geodetic vertical datum(NGVD) of 1929 (or other datum, where specific), offloods of various magnitudes and frequencies in thefloodplains of coastal or riverine areas.

"Zoning district" means a zoning district asestablished by the [county] County of Maui zoningordinances and a land use district as established bythe State Land Use Commission, as applicable."

SECTION 2. Section 19.62.040, Maui County Code, is amended

to read as follows:

"19.62.040 Special flood hazard areas. A.Applicability.

1. This chapter shall apply to all[special flood hazard areas, flood-relatederosion hazard areas, and mudslide (i.e.,mudflow) hazard areas within the county.] landwithin the special flood hazard areas andcorresponding areas of special flood hazarddelineated on the FIRM, as prepared by FEMA. The following special flood hazard areas areestablished:

a. Floodway area (floodway in zoneAEF);

b. Flood fringe area (zones AE, AH,AO);

c. Coastal high hazard area (zones V, VE);

d. General floodplain area (zones A, D, V). 2. This chapter shall not apply to:

a. Carnivals, luaus, fairs, andcamping tents of a temporary nature that are not in a floodway;

b. Unfenced, below-grade outdoorswimming pools;

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c. Signs that are not in a floodway; d. Demolition; and

e. Temporary structures and uses incidental to building construction or landdevelopment that are not in a floodway, provided the structures and uses are removed upon completion of the work, or as directedby the department.

B. Identification of Special Flood HazardAreas. [The special flood hazard areas identified bythe Federal Insurance Administration (FIA) or theFederal Emergency Management Agency (FEMA) in theflood insurance study (FIS) as amended areincorporated by reference and made part of thischapter. The director shall keep the flood insurancestudy on file.] The flood insurance rate map andflood insurance study effective September 25, 2009, and any subsequent revisions and amendments, are hereby adopted and declared to be part of this section, and shall be on file at the County of Maui, department of planning, 250 South High Street, Wailuku, Maui, Hawaii 96793.

C. Abrogation and Greater Restrictions. Thischapter is not intended to repeal, abrogate, or impairany existing easements, covenants, or deedrestrictions. However, where this chapter and anothertitle or chapter of the Maui County Code, easement,covenant, or deed restriction conflict, the morestringent restrictions shall prevail.

D. Interpretation. All provisions of thischapter shall be considered as minimum requirementsand liberally construed in favor of the [county]County. This chapter neither limits nor repeals anypowers granted under state statute."

SECTION 3. Section 19.62.050, Maui County Code, is amended

to read as follows:

"19.62.050 Administration. A. Special FloodHazard Area Development Permit. A special floodhazard area development permit shall be obtained fromthe director before construction of any developmentbegins within any special flood hazard area, flood-related erosion hazard area, or mudslide (i.e.,

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mudflow) area. Application for a permit shall be madeon forms furnished by the director that may require [,but not be limited to]: plans in duplicate drawn toscale showing the nature, location, dimensions, andelevation of the area in question, existing orproposed structures, fill, stockpiles, and drainagefacilities. The application shall require thefollowing:

1. Proposed elevation, in relation to meansea level, of the lowest floor (includingbasement) of all structures. In zone AO,elevation of highest adjacent grade and proposedelevation of lowest floor of all structures;2. Proposed elevation, in relation to mean sea

level, to which any structure will be floodproofed;3. All appropriate certifications required

under section 19.62.060; and4. Description of any anticipated watercourse

alteration or relocation as a result of the proposeddevelopment.

B. Permit Review. The director shall reviewall special flood hazard development permitapplications to determine [that] the following:

1. That the requirements of this chapterhave been satisfied', that];

2. That the site is reasonably safe fromflooding[, and that,];

3. That where base flood elevations havebeen determined but a floodway has not beendesignated, the cumulative effect of the proposeddevelopment (as certified by a civil engineer)when combined with all other existing andanticipated development will not increase thewater surface elevation of the base flood [bymore than one foot] at any point[.];

4. That all necessary permits have beenreceived from those governmental agencies fromwhich approval is required by federal or state law, including section 404 of the Federal WaterPollution Control Act Amendments of 1972, 33 U.S.C. 1334; and

5. That for proposed building sites inflood-prone areas where special flood hazardareas have not been defined, water surface elevations have not been provided, and there is

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insufficient data to identify the floodway orcoastal high hazard areas, but the director has determined that there are verifiable physical indications that such hazards are present, all new construction and substantial improvements (including the placement of manufactured homes) shall be:

a. Designed and adequately anchoredto prevent flotation, collapse, or lateral movement;

b. Constructed of flood-resistant materials;

c. Constructed by methods andpractices that minimize flood damage;

d. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or locatedso as to prevent water from entering oraccumulating within the components duringconditions of flooding;

e. Constructed such that new andreplacement utilities shall comply with the requirements of section 19.62.060.B.

C. Use of Other Base Flood Data. Where baseflood elevation has not been determined, the directorshall obtain, review, and reasonably use any baseflood elevation and floodway data available from afederal or state agency, or other source, inadministering section 19.62.060.

D. Flood Map Revisions. Whenever base floodelevations may increase or decrease due to a proposeddevelopment, the owner of the property shall obtain aconditional letter of map revision (CLOMR) from [theFederal Emergency Management Agency (FEMA)] FEMAbefore the approval or issuance of any developmentpermit [or any increase or decrease of base floodelevations]. A letter of map revision (LOMR) shall beobtained from FEMA whenever a development hasincreased or decreased the base flood elevation withinany special flood hazard area. An application for aLOMR shall be submitted to FEMA no later than sixmonths after the completion of a development.

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E. Watercourse Alteration. Whenever awatercourse is to be altered or relocated, thedirector shall:

1. [Require] For riverine situations, require the applicant to notify the State ofHawaii department of land and natural resources,[division of] commission on water resourcemanagement, before such alteration or relocation,and submit evidence of such notification to theFederal Insurance Administration, [FederalEmergency Management Agency (FEMA);] FEMA;

2. Require that the flood-carryingcapacity of the altered or relocated portion ofthe watercourse be maintained.F. Certifications. The director shall obtain

and maintain for public inspection the certificationsrequired under section 19.62.060.

G. Boundary Determinations. The director shalldetermine, where needed, the exact location ofboundaries of special flood hazard areas (for example,where there appears to be a conflict between a mappedboundary and actual field conditions).

1. Where interpretation is needed as towhether or not a development lies within aspecial flood hazard area or as to the base floodelevation affecting a development, a request forsuch interpretation shall be submitted to thedirector. The request shall include adescription of the development site, a locationplan showing the property lines and dimensions ofthe development, and a copy of the tax mapshowing the parcel upon which the development isproposed to be constructed. The director shall,where interpretation is possible from theinformation shown on the [FHBM or] FIRM, issuewritten determination of the specific areaboundaries and the base flood elevation.

2. Where, in the opinion of the director,interpretation is not possible from theinformation shown on the [FHBM or] FIRM, thedirector shall require the applicant to providemore detailed information concerning the requestfor determination of flood boundaries and thebase flood elevation. The additional informationshall be submitted to the director and shall

contain a recommendation certified by a civilengineer as to the flood area and base floodelevation that should apply to the proposeddevelopment and shall include three sets ofdocuments certified by the engineer containingadequate data consistent with this chapter, suchas flood and hydrology studies, project site andlocation plans, property maps showing lines anddimensions, tax maps, and topographic dataincluding contours or spot heights based uponmean sea level. After review the director shall,in writing[;]:

a. Inform the applicant that thedetailed request contains inadequate data tomake a determination as to flood areaboundaries and base flood elevations, andspecify the specific lack of data needed toresolve the question and decline to make adetermination; or

b. Based upon the supporting datasubmitted with the request forinterpretation and other available data,determine the flood area boundaries and thebase flood elevations affecting thedevelopment; or

c. Instruct the applicant to submitthe request for interpretation directly to[the Federal Emergency Management Agency.]FEMA. 3. None of the provisions of this section

shall prevent an applicant from requesting anappeal or resubmitting a request for adetermination of the flood area boundaries or thebase flood elevations directly from the directoror [the Federal Emergency Management Agency.]FEMA. Any such written determination from [theFederal Emergency Management Agency] FEMA shallbe sufficient in lieu of a determination from thedirector."

SECTION 4. Section 19.62.060, Maui County Code, is amended

to read as follows:

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"19.62.060 Standards for development. A.Standards of Construction. In special flood hazardareas the following standards shall be required:

1. Anchoring.a. New construction and substantial

improvements shall be adequately anchored toprevent flotation, collapse, or lateralmovement resulting from hydrodynamic andhydrostatic loads, including the effects ofbuoyancy.2. Construction Materials and Methods.

a. New construction and substantialimprovements shall be constructed withmaterials and utility equipment resistant toflood damage.

b. New construction and substantialimprovements shall be constructed usingmethods and practices that minimize flooddamage.

c. New construction and substantialimprovements shall be constructed withelectrical, heating, ventilation, plumbing,air conditioning, and other servicefacilities that are designed or located soas to prevent the entry and accumulation offloodwater.

d. New construction and substantialimprovements within zones AH or AO shall[include] provide adequate drainage pathsaround structures on slopes to guidefloodwaters around and away from proposedstructures [on slopes].3. Elevation and Floodproofing.

a. New construction and substantialimprovements (except those in zone AC) shallhave the lowest floor, including basement,elevated to[, or] at least one foot above1,1the base flood elevation. Upon completionof the structure, the elevation of thelowest floor, including basement, shall becertified by a civil engineer or surveyor.FEMA's "elevationamended, shall

certificate"be used

form,for

asthe

certification, anddirector.

a copy provided to the

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b. New construction and substantialimprovements in zone AO shall have thelowest floor, including basement, elevatedabove the highest adjacent grade at least ashigh as one foot above the depth numberspecified in feet on the FIRM, or at least(two] three feet if no depth number isspecified. Upon completion of thestructure, the elevation of the lowestfloor, including basement, shall becertified by a civil engineer or surveyor.FEMA's "elevation certificate" form, asamended, shall be used for thecertification, and a copy provided to thedirector.

c. Nonresidential construction shalleither be elevated to conform withsubparagraphs a or b of this paragraph or,together with attendant utility and sanitaryfacilities:

i. Be floodproofed so that wallsbelow the base flood level aresubstantially impermeable to thepassage of water;

ii. Have structural componentscapable of resisting hydrostatic andhydrodynamic loads and effects ofbuoyancy; and

iii. Be certified by a structuralengineer or architect as satisfying thestandards of this subparagraph. FEMA's"floodproofing certificate" form, asamended, shall be used for thecertification, and a copy provided tothe director.d. New construction and substantial

improvements of fully enclosed areas belowthe lowest floor that are usable solely forvehicular parking, building access, orstorage in an area other than a basement andwhich are subject to flooding shall bedesigned to automatically equalizehydrostatic flood forces on exterior wallsby allowing for the entry and exit offloodwater. Designs for meeting this

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requirement must be either certified by anengineer or architect or meet or exceed oneof the following minimum criteria:

i. Provide a minimum of twoopenings, having a total net area ofnot less than one square inch for everysquare foot of enclosed area subject toflooding, with the bottom of allopenings no higher than one foot abovegrade. (Openings may be equipped withscreens, louvers, valves, or othercoverings or devices provided that theypermit the automatic entry and exit offloodwater.); or

ii. Be certified by an engineeras complying with a countyfloodproofing standard approved by theFederal Insurance Administration[,Federal Emergency Management Agency(FEMA).] or FEMA. e. New construction and substantial

improvements shall be reasonably safe from flooding in accordance with FEMA technicalbulletin 10-01 and amendments thereto. Designs for meeting this requirement shall be certified by an engineer.4. Building Height Allowance. Building

heights in the agricultural, rural, andresidential zoning districts may be increased bya height equal to the base flood, up to a maximumof five feet above the maximum building heightpermitted by the zoning regulations for thezoning district in which the building is located.

5. Certification shall be provided by anarchitect or engineer that all new constructionand substantial improvements meet or exceedapplicable standards for flood hazard reduction,including[, but not limited to,] those regardinganchoring, construction materials and methods,elevation and floodproofing, utilities,subdivisions, and manufactured homes.

6. Within zones A, AH, and AE, until afloodway is designated, no new construction, substantial improvement, or other development (including fill) shall be permitted unless it is

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demonstrated that the cumulative effect of the proposed construction, substantial improvement, or development, when combined with all otherexisting and anticipated construction,substantial improvement, and development, will not increase the water surface elevation of the base flood at any point. B. Utilities.

1. New and replacement water supply andsanitary sewage systems shall be designed tominimize or eliminate infiltration of floodwatersinto such systems and discharge from such systemsinto floodwaters.

2. On-site waste disposal systems shall belocated to avoid impairment to, or contaminationfrom, such systems during flooding.C. SubdivisionsI.Subdivisions proposals shall:]

and other developments. 1. [Identify any special flood hazard

areas affected and the base flood elevation ofsuch areas;] All subdivisions and other developments where special flood hazard areas have not been defined, water surface elevations have not been provided, and there is insufficient data to identify the floodway or coastal highhazard areas, but there are verifiable physical indications that such hazards are present as determined by the director, shall:

a. Be consistent with the need tominimize flood damage;

b. Have utilities, such as sewer, gas, electric, and water systems located and constructed to minimize flood damage;

c. Provide adequate drainage toreduce exposure to flood hazards; and

d. Provide documentation and acertification that the requirements ofsubsection 19.62.050 have been satisfied. 2. [Provide the elevation of proposed

structures and pads. If the site is filled abovethe base flood elevation, the final first floorand pad elevations shall be certified by anengineer or surveyor and provided to thedirector;] All subdivision and other development applications shall identify special flood hazard

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areas and base flood elevations on the proposedsite. If such information is not provided by the FIRM and if the proposed development orsubdivision consists of more than fifty lots orfive acres, the developer or subdivider shall include base flood elevation data within the proposal. If the proposed development orsubdivision consists of fifty or fewer lots orfive or fewer acres, the developer or subdividershall include the one hundred year floodplainlimits by approximate methods within the proposal.

3. [Be consistent with the need tominimize flood damage;] Approved final subdivision plats for subdivisions within special flood hazard areas or flood-prone areas shall include the base flood elevations within the lots as provided in subsection C.2.

[4. Have utilities, such as sewer, gas,electric, and water systems, located andconstructed to minimize flood damage;

5. Provide adequate drainage to reduceexposure to flood hazards.]D. Manufactured Homes. Manufactured homes that

are placed or substantially improved within specialflood hazard areas that are not coastal high hazardareas shall be elevated on a permanent foundation suchthat the lowest floor of the manufactured home iselevated to, or above, the base flood elevation and besecurely anchored to an adequately anchored foundationsystem to resist flotation, collapse, and lateralmovement. Manufactured homes that are [place] placedor substantially improved within coastal high hazardareas shall meet the requirements of subsection G ofthis section.

E. Recreational Vehicles. Recreationalvehicles placed on sites within zones [Al-30,] A, AN,[and] AE, V, or VE [within coastal high hazard areas,]shall either:

1. Be on site for fewer than thirtyconsecutive days;

2. Be fully licensed and ready for highwayuse (a recreational vehicle is ready for highwayuse if it is on wheels or a jacking system, isattached to the site only by a quick disconnect

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type utilities and security device, and has nopermanently attached additions); or

3. Meet the permit requirements of section19.62.050 and the requirements for manufacturedhomes under subsection D of this section.F. Floodways. No encroachments, including

fill, new construction, substantial improvement, orother new development[,] shall be allowed withinfloodways unless certification by a civil engineer isprovided to the director demonstrating that theencroachments will not result in any increases in baseflood levels.

G. Coastal High Hazard Areas. Within coastalhigh hazard areas:

1. New construction and substantialimprovements shall be elevated on adequatelyanchored pilings or columns and securely anchoredto such pilings or columns so that the lowesthorizontal portion of the structural members ofthe lowest floor (excluding the pilings orcolumns) is elevated to [or] at least one foot above the base flood level. The pile or columnfoundation and the structure attached theretoshall be anchored to resist flotation, collapse,and lateral movement due to the simultaneousaction of wind and water loads on all buildingcomponents. Water loading values used forpurposes of meeting this requirement shall bethose associated with the base flood. Windloading values used shall be those required bythe Uniform Building Code, as amended.

2. New construction and substantialimprovements shall be located on the landwardside of the reach of mean high tide.

3. New construction and substantialimprovements shall have the space below thelowest floor free of obstructions, or constructedwith breakaway walls[.], open wood latticework, or insect screening intended to collapse underwind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supportingfoundation system. Such space shall not be usedfor human habitation, but shall be useable solelyfor vehicular parking, building access, limited

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storage, or storage. Machinery and equipment that service the building, such as furnaces, air conditioners, heat pumps, water heaters, washers, dryers, elevator lift equipment, electrical junction and circuit boxes, and food freezers areprohibited in such spaces. A breakaway wallshall have a safe design loading resistance ofnot less than ten and no more than twenty poundsper square foot. Breakaway wall collapse shallbe designed to result from a water load less thanthat which would occur during a base flood andthe elevated portion of the building shall bedesigned so as not to incur any structural damagefrom wind and water loads acting simultaneouslyduring a base flood.

4. Fill shall not be used for structuralsupport of buildings.

5. Manmade alteration of sand dunes shallnot increase potential flood damage.

G. The director shall be provided andshall maintain the following records:

a. Certification by an engineer orarchitect that the proposed structurecomplies with paragraphs 1 through 5 of thissubsection;

b. Certification by a structuralengineer or surveyor of the elevation (inrelation to mean sea level) of the bottom ofthe lowest structural member of the lowestfloor (excluding pilings or columns) of allnew and substantially improved structures,and information regarding whether suchstructures contain basements. FEMA's"elevation certificate" form, as amended,shall be used for the certification.7. Areas of a structure below the base

flood elevation may be used for parking vehicles, limited storage or storage, or access to the building, but not for human habitation. For suchareas that are five feet or more in height as measured from any point within such areas, the property owner shall enter into a "Non-conversionAgreement for Construction Within Flood HazardAreas" with the County. The agreement shall be in a form acceptable to the director and shall be

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recorded with the bureau of conveyances or landcourt as a deed restriction.

The director or the director's authorizedrepresentative may, upon prior notice of at least seventy-two hours, inspect any area of a structure below the base flood elevation to ensure compliance.H. General Floodplain. For areas within the

general floodplain: 1. The director may obtain, review, and

reasonably utilize any base flood elevation andfloodway data available from a federal, state, orother source, including information requested of a permit applicant, to determine base floodelevations and the locations of floodways withinthe general floodplain.

2. Development or subdivision proposals shall conform to the requirements of section19.62.060.0.

3. An applicant for a special flood hazardarea development permit within a general floodplain area shall submit the followinginformation to the director:

a. Project location and site planshowing dimensions;

b. Relationship to floodway andfloodway fringes as determined by floodelevation study;

c. Contour map of appropriate scale and contours showing the topography of existing ground based on elevation reference marks on flood maps;

d. Existing and proposed base floodelevations; and

e. Existing and proposedfloodproofing and flood control measures. The director may waive informational requirements if the director has sufficientinformation to make an evaluation anddetermination regarding flood elevation, ormay request further information, including adetailed flood elevation study and adrainage report to evaluate flood risks anddetermine the applicability of floodconstruction and development standards.

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4. New construction and substantial improvements within the general floodplain shall satisfy the requirements set forth in zones AE, AO, AH, or VE, as determined to be applicable bythe director, based on base flood information andfloodway data obtained through subsections H.1 and H.3.

5. New construction and substantial improvements within the general floodplain shall conform to sections 19.62.050 and 19.62.060.

6. All manufactured homes shall be elevated and anchored to resist flotation, collapse, or lateral movement."

SECTION 5. Section 19.62.100, Maui County Code, is amended

to read as follows:

u19.62.100 Developments adjacent to drainagefacilities. A. Applications involving developmentsencompassing or adjoining any stream, river, ordrainage facility outside of the special flood hazardareas identified on the FIRM shall be subject toreview by the director. Upon [determination] request by the director, [that the development may adverselyaffect a special flood hazard area, the applicationshall include information, signed and stamped by anengineer or architect in accordance with sections19.62.050 and 19.62.060,] further informationconcerning base flood elevation, floodways, surface water runoff, existing and proposed drainage patterns, and other information, including a detailed floodelevation study, drainage report, and findings andopinions by a licensed professional civil engineer, shall be provided to evaluate the potential floodingof the area.

B. The director shall not issue any permitinvolving modification, construction, lining, oralteration of any drainage facility, river, or streamunless such modification, construction, lining, oralteration does not reduce the capacity of thedrainage facility, river, or stream, or adverselyaffect any downstream or adjacent property.

C. New construction and substantial improvements encompassing or adjoining any stream,

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river, or drainage facility outside of the specialflood hazard areas shall conform to sections 19.62.050 and 19.62.060."

SECTION 6. Material to be repealed is bracketed. New

material is underscored. In printing this bill, the County

Clerk need not include the brackets, the bracketed material, or

the underscoring.

SECTION 7. This ordinance shall take effect upon its

approval.

APPROVED AS TO FORMAND LE ITY:

MICHAEL J. HOPPERDeputy Corporation CounselCounty of MauiS:\CLERICAL\LJN\ORD\19.62amend.doc

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4. Was transmitted to the Mayor of the County of Maui, State of Hawaii, on the 18th day of September, 2009.

DATED AT WAILUKU, MAUI, HAWAII, this 18th day of September. 2009.

DENNIS A. ATEO, CHAIRCouncil of the County of Maui

IRAGA, COUNTY CLERK?ounty of Maui

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WE HEREBY CERTIFY that the foregoing BILL NO. 75 (2009)

1. Passed FINAL READING at the meeting of the Council of the County of Maui, State of Hawaii, held on the18th day of September. 2009, by the following vote:

Dennis AMATEO

Chair

Michael J.MOLINA

Vice-Chair

Gladys C.BAISA

Jo AnneJOHNSON

Solomon P.KAHO-OHALAHALA

William J.MEDEIROS

Wayne KNISHIKI

JosephPONTANILLA

Michael PVICTORINO

Aye Aye Aye Aye Aye Aye Aye Aye Aye

THE FOREGOING BILL IS HEREBY APPROVED THIS ' 76 DAY OF .0>tttiLia.ea__--- , 2009.

CHARMAI TAVARES, MRCounty of Maui

I HEREBY CERTIFY that upon approval of the foregoing BILL by the Mayor of the County of Maui. the said BILLwas designated as ORDINANCE NO. 3687 of th - unty of Maui, State of Hawaii.

Y HI AGA, COUNTY CLERKaunty of Maui

Passed First Reading on September 4, 2009.Effective date of Ordinance September 21 , 2009 .

ry I HEREBY CERTIFY that the foregoing is a true and correct copy of OrdinanceNo. 3687 , the original of which is on file in the Office or the CountyClerk, County of Maui, State of Hawaii.

CDated at Wailuku, Hawaii. on

County Clerk, County of Maui