10-22-2003 - Re: Use of right-of-way on Big Island

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§784286 ORONO CITY CODE not require the issuance of a separate grading and (e) The following considerations and condi- filling permit. However, all grading and filling tions must be adhered to during the issuance of activity approved permits for construction of struc- construction permits,grading and filling permits, tures, sewage treatment systems, and driveways conditional use permits, variances and subdivi- shall adhere to the grading and filling standards sion approvals: of this article. (1) Grading or filling in any type 2, 3, 4, 5, 6, (b) Grading,filling or excavating of more than 7 or 8 wetland must be evaluated to ten cubic yards is prohibited within 75 feet of the determine how extensively the proposed ordinary high water level of the public waters activity would affect the following func- enumerated in section 78-1217. Grading,filling or tional qualities of the wetland: excavating of ten cubic yards or less shall require a. Sediment and pollutant trapping and city staff review and permit and be subject to retention; other pertinent sections of this chapter. b. Storage of surface runoff to prevent (c) Public and private roads, driveways, park- or reduce flood damage; ing areas, and public or private watercraft access c. Fish and wildlife habitat; ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters d. Recreational use; enumerated in section 78-1217. If no alternatives e. Shoreline or bank stabilization; and exist, such improvements shall be subject to the standard zoning variance review procedure, and f. Noteworthiness, including special such review shall take into account the following qualities, such as historic signifi- considerations: cance, critical habitat for endan- gered plants and animals, or others. (1) Such improvements shall be designed to This evaluation must also include a deter- take advantage of natural vegetation and topography to achieve maximum screen- urination of whether the wetland alter- ing from view from public waters. ation being proposed requires permits, reviews or approvals by other local state (2) All roads and parking areas shall be de- or federal agencies including but not lim- signed and constructed to minimize and ited to watershed districts, state depart- control erosion to public waters consistent ment of natural resources, or the United with the requirements of all agencies with States Army Corps of Engineers. jurisdiction. (2) Alterations must be designed and con- (d) Except for those projects requiring permits ducted in a manner that ensures only the for construction of structures, sewage treatment smallest amount of bare ground is ex- systems and driveways, a land alteration permit posed for the shortest time possible. will be required as follows: (3) Mulches or similar materials must be (1) For movement of one through 500 cubic used,where necessary,for temporary bare yards of material anywhere within the soil coverage,and a permanent vegetation shoreland overlay district, a staff-issued cover must be established as soon as pos- land alteration permit shall be required. Bible. (2) For movement of more than 500 cubic (4) Methods to minimize soil erosion and to yards of material within the shoreland trap sediments before they reach any sur- overlay district, conditional use permit face water feature must be used. approval by the city council is required in (5) Altered areas must be stabilized to accept- addition to the required land alteration able erosion control standards consistent permit. with the field office technical guides of the CD78:192