Grading & Grubbing Testimony this Monday, May 19

[Rob Tucker]

Friends of the native Hawaiian forest,

Grading & Grubbing Testimony this Monday, May 19

We have been gathering signatures on a petition to save the native forest from clear cutting.

The Grubbing and Grading Ordinance in Chapter 10 of the County Code is currently being revised.

We are scheduled to appear before the County Council

Monday, May 19, 3 pm
Ben Franklin building, 2nd floor.

Please come and help us present our case to stop pin-to-pin clearing of the native forest.

If you can't be there, please submit written testimony by email to:

counciltestimony@co.hawaii.hi.us , and reference Communication 1141: Grading & Grubbing Revision.

You can review the petition and other background material at www.volcanovillage.net/petition

We need as many people as possible to make their voices heard, by written and/or oral testimony.
PLEASE ACT NOW.

Please circulate this message to others you know who might have an interest in seeing the County address clear cutting of the native forest during the revision of the Grubbing and Grading Ordinance. The revision of this ordinance can make a difference in the preservation of the native forest, for our future and that of our children.
Thank you,

Thanks,
Jillian Marohnic, Diane Ware and Kathleen Golden

[Rob Tucker]

For those of you who may not be familiar with this local issue....

The unregulated grading and grubbing of our native forests has become a hot issue.

As an example: Some off island investors have been buying land without even looking at it and ordering pin to pin grading as a casual matter or course. Then putting the improved lot back up for sale. This thoughtless practice is very damaging to the forest and fauna and depreciates the lands we all love.

Please take the time to consider providing supportinig testimony on this bill.

Mahalo

Punaweb moderator

[Guest]

quote:

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Originally posted by Rob Tucker
...We have been gathering signatures on a petition to save the native forest from clear cutting.....

.....Thanks,
Jillian Marohnic, Diane Ware and Kathleen Golden

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Is there a place in Puna where this can be signed before the 19th?

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Moved

[aprild]

Rob,

This issue is SO important on Hawaii and everywhere. I am helping to fight 'mass grading' here in the High Desert of CA. There is strength in numbers and the City Government is beginning to listen and act!

I urge everyone to show up at this meeting and SPEAK. Use sound, specific arguments. If you have scientists who can make your case, use them: they make an impact. Color photographs, especially of beautiful areas destroyed or about to be destroyed also have a huge impact. If you coordinate your efforts, you will not only share information, but you will also get the best and most information to your government. If you have endangered native species, speak about the loss of their habitat. It is powerful to write your presentation and hand it and photos to every member of the Council or Commission who is present, as well as the media.

I wish you the best of luck.

Here is what I wrote and sent via email:


"As a property owner on Big Island, I would like to register my support for a revised Grubbing and Grading Ordinance which will prohibit clear-cutting, mass grading and ‘pin-to-pin’ grading on the Big Island of Hawaii. These practices are obsolete, environmentally unsound, unsightly and undesirable for a multitude of reasons.

Sustainability and ‘Smart Design’ are the building practices of the future and the present. Footprint or Spot Grading is the preferable grading method: these practices preserve native species, stop water run-off, support the climate, enhance the beauty and keep intact the character and health of the aina. Most of all it keeps Hawaii uniquely Hawaiian. This, in turn, keeps people coming to Hawaii to visit, vacation and live. Sustainability provides jobs and a health economy.

I urge you to include larger developments in this ordinance as well; I urge you to consider putting limits on the size and scope of development on the Island. Sustainability is the key word of the future: it is the key to survival on the planet and our children’s future.

I urge you to adopt this import legislation before it is too late to save our Native Forest. You will be glad you did when you look back on this important decision."


april

[Tolleys]

Rob,
Your link to the petition is not working for me.

Susan

The Link has been corrected and should now be fine.

Rob

[DanielP]

My Letter:


Hawaii County Councilmembers:

I have a few suggestions on the issues of grubbing and grading in Native forested lands:


1. For installing a driveway, house pad, septic system and catchment tank pad under 4000 sq. ft. total disturbed area, a Notice to do minimal grading with an inspection fee of $100, to the Planning Department must be filed (no permit required). Failure to comply: $1,000 fine.

2. For larger areas, No more than 60% of native forest may be cleared for residential development. $250 application and permit required. Failure to comply: fine of $ 2500.

3. For commercial Ag use (in Ag zones) , no more than 75% of native forest land may be cleared. This permit needs to be linked to some sort of verification that the commercial ag use is factual. $250 inspection fee. Failure to comply: $2500

4. No clearing within 10' of any property line, except for encroachments.

5. Waivers may be applied for various reasons such as minimum clearances for fire protection, grading in areas which are not Native forest, i.e.. previously cleared land, etc.

I am a General Contractor. I own several pieces of vacant land in native forested areas and I feel that these would be reasonable requirements in connection with the potential development of these properties.

I personally feel that "Pin to Pin" clearing is aesthetically unattractive and a disrespect to the Aina. It is a lazy way to build.

Mahalo for your consideration,

Dan Warren,
Kurtistown & California.

[Kapohocat]

Below are the some of the current requirements from the county.

[Drainage and Flood Zone Requirements - Special requirements required for any type of development that alters any drainage, watercourse, or a designated flood zone.

Permits Required [when]:
Grading Permit - required when any one of the following items are exceeded:
100 cubic yards of excavation or fill;
Vertical height of excavation or fill measured at its highest point exceeds 5 feet; or
When the general and localized drainage pattern with respect to abutting property lines is altered.
Grubbing Permit - required when the area cleared exceeds one acre (43,560 square feet).

Right now as I have seen these are rarely enforced for residential property unless a someone makes a complaint. If these current regulations could be enforced (!!) then maybe a need for more unenforced regs wouldn't be necessary.

The cost of a grading/grubbing permit is minimal (3 ac lot in HA was $19 and that was a double fee as a fine!!) but to get the permit a grading plan is required with topo map, fill material specs, etc - it is extensive. And no you owner/builders cant do it yourself, it requires a licensed civil engineer to do it.

So overall, to get the permit - cost was $3000+ (this is cost a client of mine paid for civil engineer to do the grading plan in 2005 and he gave them a 40% break because they were 25+ yr friends!)

So once again, the little guy who just wants a house pad and a garden will be screwed. I do not want to see these lots clear cut. BUT I also want to see responsible and equal enforcement of the current regulations.

100 cy of fill is about 3-5 truck loads, depending on the truck and the material. I could name probably 10 of the punawebbers right now that brought in more than that to their lots. I know a punawebber who moved more than that just so they could get their septic in instead of an aerobic system down here in Kapoho and they are in the SMA. (when I called Planning about the SMA - I was told "oh it is landscaping"!!!!)

You do a 450' driveway so your house is in the middle of your lot in HA and you could potentially exceed the 100 cy excavation portion.

Think this through folks.


(DanP - COH engineering covers the grading/grubbing not planning)



Catherine Dumond
Blue Water Project Management
808 965-9261
"We help make building your dream home a reality"

[DanielP]

Hi Cat,

In Calif, Environmental health dept. handles grading. Doesn't really matter which Dept.

For very minimal (4-10,000 sq.ft. of area disturbed) depending on lot size, I think that no permit should be required, only an inexpensive notice to cover admin. and 1 inspection. Make it cheap and easy and folks might comply. A stiff fine against the owner and the equipt. operators for failure to file the notice might prompt compliance, fines going to the departments might help with enforcement.

Material imported to level driveway areas should be exempt if the natural grade is not changed by more than 2'. Drainage issues should require a permit and culverts could mitigate some.

.99999 acre without a permit is too lax of a requirement. Area grubbed should be based on a percentage of lot size.

Dan

[Kapohocat]

quote:

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Originally posted by DanielP

...Area grubbed should be based on a percentage of lot size...

Dan

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Hey Dan - How is the weather over there?? Looks like a heat wave is coming through?

I also would like to see a maximum house size for the neighborhood lots. Say a 8000 SF lot shouldnt have a 4000 SF house - What about a a 30-35% max including accessory space.

-Cat

[DanielP]

Cat,

Hot as Blazes for May in N. Ca. Breaking 100 all over. The creek is roaring with the sudden snow melt. Pollen counts off the charts and kicking my ass. I would even trade for a little vog right now. Life is good.

Yes on the whole concept of proportionality. 7500 sq.ft. lot Grub Max 50%. Same with houses Max 30% Land Area. So Let's see... On a 2 acre lot in Fern Acres, I could build 30% of the lot size....25,000 sq. ft.? Hmmm. Perhaps a sliding scale.

Anyway, something about property line setbacks for grubbing and proportional area to lot size requirements for grubbing and ALSO Exempting small scale grubbing and grading from Permits. Now say that fast 3 times.

The Achilles heel in all this might be perceived as an infringement on "Personal Property Rights". I think a weak argument if there is some balance.

Where is that Kleenex?... Dan