For purposes of this Article, unless it is plainly evident from the context that a different meaning is intended, certain words and phrases used herein shall be defined as follows:
"Adversely affect beach processes"means to pose a potential immediate or future adverse effect on beach processes as a result of a structure and/or landscaping located within the coastal erosion hazard zone, or to create an immediate or future need to artificially fix the shoreline.
"Annual coastal erosion rate"means the long-term average annual rate of coastal erosion calculated by following the methodology outlined in the National Assessment of Shoreline Change: Historical Shoreline Changes in the Hawaiian Islands (Fletcher, et al., 2012). Annual coastal erosion rates are available for all lots on Kaua'i fronted by a sandy beach from the Kaua'i Planning Department. These rates were calculated by the University of Hawai'i's Coastal Geology Group for the Kaua'i Coastal Erosion Study, and it was last updated in 2018. The Planning Director may designate a qualified professional to review and, subject to the Planning Director's approval, update annual coastal erosion rates.
"Average lot depth"means the measurement obtained by adding the lengths of the two sides of a lot which are at or near right angles with the shoreline, or the seaward boundary of the lot that runs roughly parallel to the shoreline if the property is not abutting the shoreline, to the length of a line obtained by drawing a line from a point in the center of the makai side of the lot to a point in the center of the mauka side of the lot and dividing the resulting sum by three. For irregularly shaped lots including flag lots, triangular parcels, lots on peninsulas, and/or lots having ocean on two or more sides of the lot, the average lot depth will be determined by the Director.
"Board"shall mean the Board of Land and Natural Resources, State of Hawai'i.
"Building footprint"shall mean all parts of a main building (excluding roof overhangs) that rest, directly or indirectly, on the ground, including those portions of the building that are supported by posts, piers, or columns. Building footprint also includes attached garages, covered carports, bay windows with floor space, lanais, decks, cantilevered decks, spas, and in ground swimming pools.
"Coastal dune"means one of possibly several continuous or nearly continuous mounds or ridges of unconsolidated sand contiguous and parallel to the beach, situated so that it may be accessible to storm waves and seasonal high waves for release to the beach or offshore waters.
"Coastal erosion"means the natural loss of coastal lands, usually by wave attack, tidal or littoral currents, or wind. Coastal erosion is synonymous with shoreline retreat.
"Coastal hazard"means natural processes in the coastal zone that are generated by geologic, oceanographic, and/or meteorological processes that place people and/or improvements at risk for injury and/or damage.
"Coastal hazard disclosure statement"means a statement prescribed by the department disclosing the potential for coastal hazards and the potential for further restrictions and limitations on development of the respective property in the future. This statement is an addendum to the shoreline setback determination application, and it must be signed by the property owner prior to acceptance of the determination application.
"Commission"means the Planning Commission of the County of Kaua'i.
"Department"means the Planning Department of the County of Kaua'i.
"Director"means the Planning Director of the Planning Department of the County of Kaua'i.
"Dwelling unit"means any building or any portion thereof which is designed or intended for occupancy by one family or persons living together or by a person living alone, and provides complete living facilities within the unit for sleeping, recreation, eating and sanitary facilities, including installed equipment for only one kitchen.
"FEMA"means the Federal Emergency Management Agency.
"FIRM"means the Flood Insurance Rate Map.
"Hazard assessment"means assessment for erosion, wave, flood, and inland zone following the standards in Section 4.3 of the Hawai'i Coastal Mitigation Guidebook, (January 2005), which was prepared for the State of Hawai'i, Department of Land and Natural Resources, Coastal Zone Management Program, University of Hawai'i Sea Grant College Program and the Pacific Services Center and Coastal Services Center of the National Oceanic and Atmospheric Administration.
"Kaua'i coastal erosion study"means the quantitative study of Kaua'i and Ni'ihau's historical shoreline behavior utilizing orthorectified aerial photographs or other imagery to carry out high-resolution mapping of historical shoreline positions to obtain a statistically valid annual erosion rate of the Shoreline Change Reference Feature (SCRF).The study was conducted by the University of Hawai'i's Coastal Geology Group for the County of Kaua'i, and it was last updated in 2018. The shoreline change data and shoreline change posters produced by this study are on file with the Kaua'i Planning Department. The study followed procedures described in the 'National Assessment of Shoreline Change: Historic Shoreline Changes in the Hawaiian Islands (Fletcher, et al., 2010) available from the Kaua'i Planning Department.
"Landscaping"means the modification of landscape for an aesthetic or functional purpose that includes the planting of vegetation; the installation of irrigation, rock or water features; grading or grubbing.
"Makai"means seaward or in a seaward direction.
"Mauka"means landward or in a landward direction.
"Minor structure"means:
(1) a structure that costs less than $125,000 and provides temporary emergency protective measures for a legally habitable structure that is imminently threatened by coastal hazards provided that the protective measure has received approval in accordance with the Special Management Area Rules of the Kaua'i Planning Commission and/or the State Department of Land and Natural Resources (as may be the case), relocation of the endangered structure has been considered and is not reasonable given the nature of the emergency, the protective measure is removed within 180 days of its installation, and given the significance of the emergency, the protection is the best management alternative with respect to beach, shoreline, and/or coastal resource conservation, or
(2) a structure that:
(A) costs less than $125,000; and
(B) does not adversely affect beach processes, does not artificially fix the shoreline, and does not interfere with public access or public views to and along the shoreline; and
(C) does not impede the natural processes and/or movement of the shoreline and/or sand dunes, and does not alter the grade of the shoreline setback area; and
(D) is consistent with the purposes of this Article and HRS Chapter 205A, as amended; and
(E) includes, but is not limited to, lighting in conformance with HRS Chapter 205A, landscape features, barbeques, picnic tables, benches, chairs, borders, wooden trellis, bird feeders, signs, safety improvements, lifesaving devices, movable lifeguard stands, outdoor showers and water faucets, public utility lines, utility poles and accessory structures along existing corridors, temporary tents for special events not exceeding 14 consecutive days in duration during any three-month period, walls and fences that are located more than 40 feet from the shoreline, landscape planting and irrigation systems provided that they are located more than 40 feet away from the shoreline and do not artificially extend the shoreline or shoreline setback area seaward, public park facilities (excluding restrooms, wastewater systems, and shoreline armoring structures or improvements), portable or removable walkways for public access, or, as determined by the director, a structure primarily benefitting the public that will not impact or be impacted by coastal erosion processes; and
(F) excludes, but is not limited to, any in-ground swimming pools or spas, garages, carports, concrete walkways that are reinforced, concrete walkways that are not saw-cut at a minimum of three foot intervals, and concrete steps.
"Natural catastrophe"is a natural disaster qualifying for a governor's declaration of emergency pursuant to Hawai'i Revised Statutes Chapter 128, or a presidential declaration of emergency of a major disaster pursuant to 42 USC 5170, including those caused by episodic coastal hazards such as tsunamis and hurricanes, and not the result of other coastal hazards or processes such as erosion or sea level rise.
"Nonconforming structure or activity"means a structure or activity which is lawfully existing within the shoreline setback area because it:
(1) Was completely built, in its present form, prior to June 22, 1970; or
(2) Received either a building permit, board approval, or shoreline setback area variance prior to June 16, 1989; or
(3) Was outside the shoreline setback area when it received either a building permit or board approval; or
"Plan" or "site plan"means a detailed construction plan drawn to scale of 1″ = 20′ 0″ that shows the design of a structure proposed to be built within the shoreline setback area. The plan shall be based on an accurate instrument by a surveyor licensed in the State of Hawaii and shall consist of data including but not limited to:
(2) Natural features such as large trees, rock outcroppings, and any primary or secondary coastal dunes;
(3) Topography in and around the proposed construction;
(4) Any and all shoreline hardening;
(5) Flood zones, where applicable;
(6) Existing and proposed structures and their proximity to the shoreline and shoreline setback area;
(7) Fences, walls, and any other structures in the shoreline setback area and any potential hindrances to lateral access along the shoreline;
(8) A geo-referenced survey of the site; and
(9) Any other information which identifies the existing condition of the subject parcel of land. "Primary Coastal Dune" means the first dune encountered mauka of the beach.
"Prohibited activities"means those activities prohibited in the shoreline setback area as provided in Section
8-27.6 of this Article. All other activities shall be regulated by the Special Management Area Rules and Regulations of the County of Kaua'i and the requirements of HRS Chapter 343-5 regarding environmental assessments for any proposed uses within a shoreline area as defined in Section 205A-41.
"Public park facilities"means recreational facilities owned and operated by state or county park agencies for the benefit and use of the general public.
"Qualified consultant"means a coastal scientist with a master of science degree or doctorate in geology, geography, or other appropriate physical science relating to coastal processes, or an engineer licensed in the State of Hawai'i that has experience in coastal processes. If a dune restoration project is proposed, the qualified consultant shall have experience and expertise with dune restoration.
"Qualified demolition"means the demolition of a structure or structures where such demolition:
(1) Will not adversely affect beach processes;
(2) Will not artificially fix the shoreline;
(3) Will not interfere with public access, except for public safety reasons during demolition operations;
(4) Will not interfere with public views to and along the shoreline, except during demolition operations;
(5) Will be consistent with the intent of open space enhancement as reflected in these rules and HRS 205A; and
(6) Will comply with applicable County Codes.
"Rebuilding"means reconstruction of a lawfully existing dwelling unit when the reconstruction is valued by a licensed professional engineer, or architect at 50% or more of the current replacement cost of the structure.
"Repair"means the reconstruction or renewal of any part of a lawfully existing structure, but not the entire structure, solely for the purpose of its maintenance and does not result in an addition to, or enlargement or expansion of, the lawfully existing structure, such as alterations of floors, roofs, walls, or the supporting structure of a building or the rearrangement of any of its component parts. A "substantial improvement" as defined herein shall not be considered a repair. Repair shall be consistent with the definition of "repair" under Sec.
8-1.5, Kaua'i County Code 1987, as amended.
"Revetment"shall mean a facing of stone, concrete, blocks, or other similar materials built to protect a scarp, embankment, or shore structure against erosion by wave action or currents.
"Rocky shoreline"means a shoreline segment acting as the primary interface between marine dominated processes and terrestrial dominated processes that is composed of hard, non-dynamic, non-erodible material such as basalt, fossil limestone, beach rock, or other natural non-dynamic material, not to include cobble or gravel beaches that are dynamic in nature, or erodible cliffed shorelines composed dominantly of dirt or clay.
"Shoreline"is as defined in Section 205A-1, Hawai'i Revised Statutes, as amended, and as established pursuant to Section 205A-42, Hawai'i Revised Statutes, as amended.
"Shoreline certification"means a signed statement by the chairperson of the Board of Land and Natural Resources that the shoreline is as located and shown on the map as of a certain date.
"Shoreline hardening"means the process of fortifying the shoreline or shoreline setback area with hard structures including, but not limited to, seawall and revetments.
"Storm buffer zone"is the first 40 feet of the shoreline setback area as measured from the shoreline.
"Structure"is as defined in Section 205A-41, Hawai'i Revised Statutes, as amended.
"Substantial construction"means that 100% of the foundation has been laid, or that 100% of the foundation of the active phase of a project has been laid where the project is being done in phases.
"Substantial improvement"means any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a 10 year period, where the cumulative cost equals or exceeds 50% of the market value of the structure before the start of construction of the first improvement during that 10 year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The value of any substantial improvement shall be 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."
"Temporary structures"means structures that will exist for no longer than six months and will not irreversibly and adversely affect beach processes, public access, or public views nor artificially fix the shoreline in an irreversible way, and from which there will be a public benefit.
"Use"means the purpose for which land or building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.
(Ord. No. 979, December 5, 2014; Ord. No. 1088, February 4, 2021)