The purpose of this chapter is to provide minimum standards to safeguard life and limb, protect property, and promote public welfare, and to preserve and enhance the natural environment, including but not limited to water quality, by regulating and controlling grubbing and grading operations within the County. The public health, safety and welfare requires that environmental considerations contribute to the determination of these standards insofar as they relate to protecting against erosion and sediment production. (Ord. 2684 § 1, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-1.1)

Wherever used in this chapter the following words shall have the meaning indicated:

“Best management practices (bmps)” means activities, practices, facilities, and/or procedures that, when implemented, pursuant to administrative rules adopted by the director, will to the maximum extent practicable prevent pollutants, including sediment and other contaminants, in discharges from a construction site. Bmps may include a schedule of activities, the prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. Bmps also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from raw material storage.

“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 scientist” means a professional with a master of science degree or doctorate in geology, geography or other appropriate physical science relating to coastal processes.

“Conservation program” means a document submitted by a landowner or land user, containing information for the conservation of soil, water, vegetation and other applicable natural resources for an area of land currently being implemented and maintained, or on-site evidence of such a conservation program currently being implemented and maintained.

“Director” means the director of public works and environmental management, County of Maui, or the director’s duly authorized representative.

“Engineer” means a professional civil engineer licensed in the State of Hawaii.

“Engineer’s soils report” means a report on soils conditions prepared by an engineer.

“Erosion” means the wearing away of the ground surface as a result of action by wind and/or water.

“Exposure control area” means the area of land undergoing grubbing or grading operations where the removal of vegetation is controlled to help prevent erosion and excessive runoff until control measures are established.

“Excavation, cut or borrow” means any act by which soil, sand, gravel, rock or any similar material is cut into, dug, uncovered, removed, displayed, relocated, or bulldozed.

“Fill” means any act by which soil, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported, or moved to a new location.

“Frontal dune” means the first dune encountered mauka of the beach.

“Grading” means the temporary storage of soil, sand, gravel, rock, or any similar material and excavation or fill or any combination thereof.

“Grubbing” means any act by which vegetation, including trees, timber, shrubbery and plants, is uprooted and removed from the surface of the ground.

“Land surveyor” means a person duly licensed as a professional land surveyor in the State of Hawaii.

“Maximum extent practicable” or “MEP” means economically achievable measures for the control of the addition of pollutants from nonpoint sources of pollution, which reflect the greatest degree of pollutant reduction achievable through the application of the best available nonpoint pollution control practices, technologies, processes, siting criteria, operating methods, or other alternatives.

“Overburden” means material overlaying useful geological material.

“Permittee” means the person or party to whom the permit is issued and shall include but not be limited to the property owner, his lessee, developer, agent, or attorney in fact.

“Person” means any individual, partnership, firm, association, joint venture, public or private corporation.

“Sand” means particles of mineralogic or rock material ranging in diameter from 0.062 mm to 4 mm that shall be substantially clean of rubble and debris; shall contain no more than fifteen percent volume of silt and clay size material; and shall not consist of artificially crushed coral. Additional provisions on quality may be required by the SMA review process.

“Sediment” means air or water borne soil particles, graded or undefined, occurring by erosive action.

“Sedimentation” means deposition of erosional debris-soil sediment displaced by erosion and transported by water from a high elevation to an area of lower gradient where sediments are deposited as a result of slack water.

“Shoreline area” means “shoreline area” as defined in chapter 205-A, Hawaii Revised Statutes, and shall include all of the land area between the shoreline and the shoreline setback line.

“Soil” means as set forth in the soil survey of the islands of Kauai, Oahu, Maui, Molokai and Lanai, State of Hawaii, printed by the United States Department of Agriculture, soil conservation service, in cooperation with the university of Hawaii agricultural experiment station issued August, 1972, which sets forth different categories of soil within the State of Hawaii.

“Stockpiling” means the open storage of earth materials upon any premises exposed to wind and/or water and not inside a building. (Ord. 3135 §§ 2--4, 2003; Ord. 2684 § 2, 1998: Ord. 816 § 1 (part) 1975: prior code § 24-1.2)

This chapter shall not apply to the following:

A. Emergency operations for the protection of the general public and community;

B. Mining or quarrying operations which are regulated by the department of labor, mine safety and health administration.

C. Land management including but not limited to agriculture, ranching, recreation, forestry and conservation projects that can be shown to be in conformance with standards set forth by the soil and water conservation districts and in accordance with an actively pursued comprehensive conservation program, for the affected properties acceptable to the applicable soil and water conservation district board of directors, subject to the director’s review and approval. (Ord. 2684 § 3, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-1.3)

Sections 20.08.040 through 20.08.160 regarding permit applications and requirements shall not apply to the following, however all other provisions of this chapter, including the provision of minimum bmps as required by section 20.08.035, shall remain applicable to all work performed, and the following shall not affect the applicability of section 20.08.040.C relating to cut or fill activity in special management areas:

A. Subsurface excavations and backfill for buildings and other structures authorized by a valid building permit issued by the land use and codes administration or excavations and backfill for cesspools and septic tanks authorized by the state department of health. This exception shall not affect the applicability of this chapter to the placing of fill materials obtained from the excavations on other premises;

B. Excavation, fill or stockpiling which does not alter the general drainage pattern with respect to abutting properties and which does not exceed one hundred cubic yards of material on any one site and does not exceed four feet in vertical height at its highest point; provided that the slope face may not be steeper in slope and be located a minimum distance from neighboring properties, as enumerated in sections 20.08.170 through 20.08.210;

C. Grubbing which does not alter the general drainage pattern with respect to abutting properties and does not exceed one acre;

D. Trenching for underground utilities when the trenches are backfilled, and the surface restored to its pre-existing grade and ground cover. (Ord. 2684 § 4, 1998)

Regardless of whether a permit is required pursuant to this chapter, all grading, grubbing and stockpiling activities shall provide bmps to the maximum extent practicable to prevent damage by sedimentation to streams, watercourses, natural areas and the property of others. It shall be the permittee’s and the property owner’s responsibility to ensure that the bmps are satisfactorily implemented.

A. Drainage. On-site drainage shall be handled in such a way to as to control erosion, prevent damage to downstream properties and to return waters to the natural drainage course in a manner which minimizes sedimentation or other pollution to the maximum extent practicable.

B. Dust control. All areas disturbed by construction activities shall control dust emissions to the maximum extent practicable through the application of bmps, that may include

watering with trucks or sprinklers, erection of dust fences, limiting the area of disturbance, and timely grassing of finished areas.

C. Vegetation. Whenever feasible, natural vegetation, especially grasses, should be retained. If it is necessary to be removed, trees, timber, plants, shrubbery and other woody vegetation, after being uprooted, displaced or dislodged from the ground by excavation, clearing or grubbing, shall not be stored in or deposited along the banks of any stream, river or natural watercourse. The director may require the removal and disposal of such vegetation from the site within a reasonable time but not to exceed three months.

D. Erosion controls. All disturbed areas shall be stabilized with erosion control measures that may include: staging construction: clearing only areas essential for construction; locating potential nonpoint pollutant sources away from steep slopes, water bodies, and critical areas; routing construction traffic to avoid existing or newly planted vegetation; protecting natural vegetation with fencing, tree armoring, and retaining walls or tree wells; stockpiling topsoil, covering the stockpile to prevent dust, and reapplying the topsoil; covering or stabilizing all soil stockpiles; using wind erosion control; intercepting runoff above disturbed slopes and conveying it to a permanent channel or storm drain; constructing benches, terraces, or ditches at regular intervals to intercept runoff on long or steep disturbed or man-made slopes; providing linings or other method to prevent erosion of storm water conveyance channels; using check dams where needed to slow flow velocities; using seeding and fertilizing, mulching, sodding, matting, blankets, bonded fiber matrices, or other effective soil erosion control technique; and providing vehicle wheel wash facilities for vehicles before they leave the site.

E. Sediment control. In addition to the erosion control measures of this section, providing practices to capture sediment that is transported in runoff to minimize the sediment from leaving the site. Filtration and detention (gravitational settling) are the main processes used to remove sediment from construction site runoff. Sediment control measures include sediment basins; sediment traps; filter fabric silt fences; straw bale, sand bag, or gravel bag barriers; inlet protection; stabilized construction entrances, and other measures to minimize off site tracking of sediment by construction vehicles; and vegetated filter strips.

F. Material and waste management. Measures to insure the proper storage of toxic material and prevent the discharge of pollutants associated with construction materials and wastes shall be implemented.

G. Timing of control measure implementation. Timing of control measure implementation shall be in accordance with the approved erosion control plan if such plan is required. At a minimum disturbed areas of construction sites that will not be redisturbed for twenty-one days or more will be stabilized (grasses or graveled) by no later than the fourteenth day after last disturbance.

H. The use of soil as fill is prohibited within any shoreline area, as defined by chapter 205A-41, Hawaii Revised Statutes, except for sand as defined in section 20.08.020.

I. Any grading of a coastal dune within the shoreline area or a frontal dune, is prohibited except that sand may be imported and placed on the area of the coastal dune mauka of the shoreline, with a grading permit required by section 20.08.040 for the purposes of rebuilding or enhancing the protective capacity and environmental quality of the coastal dune.

J. Upon prior approval of the director, sand that is blocking a drainage outlet may be removed to the minimum depth necessary to allow for the passage of flood waters. Any sand removed shall be placed on the adjacent shoreline. (Ord. 3135 § 6, 2003: Ord. 2684 § 5, 1998)

Unless otherwise provided in this chapter:

A. No person shall commence or perform any grading or stockpiling without a grading permit; and

B. No person shall commence or perform any grubbing without a grubbing permit, except where grubbing concerns land for which a grading permit has been issued.

C. No person shall commence or perform any cut or fill activity on land located within any special management areas, as defined by chapter 205A. Hawaii Revised Statutes, which exceeds fifty cubic yards of material on any one site or exceeds two feet in the vertical height at its highest point, including but not limited to single-family residential construction, without a grading permit.

D. A permit or exclusion pursuant to this chapter does not obviate the need to obtain other permits or approvals. (Ord. 2684 § 6, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-2.1)

An applicant for a grubbing or grading permit shall first file an application in writing with the department of public works and waste management. Each application shall:

A. Describe by tax key or street address the land on which the proposed work is to be done;

B. State the estimated dates for the starting and completion of the grubbing or grading work;

C. Show the name of the permittee who shall be responsible for the correctness of the work and for requesting the inspections required in this chapter. (Ord. 2684 § 7, 1998: Ord. 816 § 1 (part) 1975: prior code § 24-2.2(a))

Each application for a grading permit shall also be accompanied by plans and specifications, including:

A. A plot plan and grading plan showing the location of the grading limits, property lines, best management practices to prevent erosion and sedimentation to the maximum extent practicable, neighboring public ways, sufficient dimensions and other data, for example photographs, to show the location of all work; details and location of existing and proposed land drainage patterns, drainage structures, drainage pipes, and retaining walls; and any other information as may be required by the director to carry out the purposes of this chapter;

B. Erosion control plan, and drainage plan and report. In the event the graded area is more than one acre or in the event a proposed cut or fill is greater than fifteen feet in height, an erosion control plan, and a drainage plan and report shall be submitted with the plot plan. The erosion control plan, and the drainage plan and report shall be prepared by an engineer.

1. Erosion control plan. The erosion control plan shall employ best management practices to the maximum extent practicable to prevent or reduce pollutants from water bodies, including sediment and other contaminants, in discharges from a construction site. The erosion control plan shall include drawings with notes and details on the bmps to be implemented for the project, pursuant to section 20.08.035, Minimum bmps. The erosion control plan shall address the following to the extent applicable:

a. Stabilization of denuded areas,

b. Protection/stabilization of soil stockpiles,

c. Permanent soil stabilization,

d. Establishment and maintenance of permanent vegetation,

e. Protection of adjacent properties and water bodies,

f. Sediment trapping measures,

g. Sediment basins,

h. Cut and fill slopes (terracing),

i. Stormwater management,

j. Sequence of construction operations, including phased and successive development projects,

k. Stabilization of waterways and outlets,

l. Storm sewer inlet protection,

m. Control of access and vehicular movement,

n. Vehicular control on residential lots during construction,

o. Working in or crossing watercourses,

p. Underground utility construction,

q. Timely installation of permanent erosion and sediment control,

r. Maintenance of erosion control facilities,

s. Protection of existing vegetation, and

t. Dust control.

2. Drainage plan and report. The drainage plan and report shall provide hydrologic and hydraulic calculations and information in accordance with title 15, “rules for the design of storm drainage facilities in the County of Maui,” and revisions thereof, and other standards approved by the department of public works and waste management. The potential effects of the water runoff from the entire area covered by the permit on lower lying housing, business and other developments and on water bodies shall be included in the drainage plan and report.

C. Engineer’s soils report. In the event a proposed cur or fill is greater than fifteen feet in height, or in the event any fill is in the water, including wetlands and streams or in the event the fill material will be a highly plastic clay, submit an engineer’s soils report, to include data regarding the nature, distribution and engineering characteristics of existing soils, the subsurface conditions at the site or the presence of ground water when detected, and recommending the limits for the proposed grading, the fill material to be used and the manner of placing it, including the height and slopes of cut and fill sections. Terminology for describing soils in the engineer’s soils report, insofar as practical, shall be based on the soil survey of islands of Kaui, Oahu, Maui, Molokai and Lanai, State of Hawaii, or its revisions, issued by the soil conservation service in connection with the university of Hawaii agriculture experiment station.

D. Responsibility. The permittee and the property owner shall be responsible for construction, installation, and maintenance of structural and nonstructural bmps at construction sites in accordance with the approved erosion control and drainage plans. The adequacy of bmps employed, the implementation of correction action if needed and the cost thereof shall be the responsibility of the permittee and the property owner. (Ord. 2684 § 8, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-2.2(b))

An applicant for a grubbing permit shall furnish a plot plan showing the location, the property boundaries, and the minimum bmps under the provisions of section 20.08.035 to prevent dust and soil erosion by wind and water and any other information as may be required by the director. (Ord. 2684 § 9, 1998: Ord. 816 § 1 (part) 1975: prior code § 24-2.2(c))

A. An applicant for either grubbing permit or a grading permit for work on properties adjacent to the shoreline shall, in addition to the items required by section 20.08.060 or by section 20.08.070, submit the following:

1. If a coastal dune is located on the property, a written evaluation and a map determining the limits of the coastal dune prepared by a coastal scientist, or an engineer with experience in coastal processes. The determination of the limits of the coastal dune shall be subject to the approval of the director.

2. If a special management area permit is required by the department of planning, a copy of the permit shall be submitted with the application.

3. A plot plan clearly showing the limits of the shoreline setback area as determined by the department of planning, and the limits of the coastal dune as provided by subsection A.l.

B. The plot plan shall also state:

1. All construction related conditions of the special management area permit;

2. That the importation and placement of soil is prohibited within the shoreline area as defined by chapter 201A-41, Hawaii Revised Statutes, except for sand as defined in this chapter; and

3. That grading of the coastal dune is prohibited pursuant to section 20.08.035. (Ord. 3135 § 7, 2003)

Drainage and erosion control plans shall be submitted to the applicable soil and water conservation district(s) and to the department of land and natural resources’s state historic preservation division for review and comment. Final approval or disapproval by the County shall be made within ten days after receiving their comments. (Ord. 2684 § 10, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-2.2(d))

A. Before issuing a grading permit, the director shall collect a permit fee as set forth in the annual budget, for grading on the site based on the volume of excavation or fill measured in place, whichever is greater.

B. Before issuing a grubbing permit, the director shall collect a grubbing permit fee as set forth in the annual budget.

C. When grubbing and grading is performed by or on behalf of the county, the director shall waive the collection of any grubbing and grading permit fee as required in subsections A and B of this section.

D. All units in a residential development in which one hundred per cent of the units qualify as residential workforce housing units, as defined in section 2.96.020 of this code, shall be exempt from the fee.

E. A residential workforce housing unit, as defined in section 2.96.020 of this code, shall be assessed fifty per cent of the fee.

F. All grubbing and grading permit fees shall be deposited in the general fund. (Ord. 3512 § 10, 2007: Ord. 2684 § 11, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-2.3)

A. Where work for which a grading permit is required by this chapter is started or proceeded with before obtaining the permit, the fees set forth in the annual budget shall be doubled or increased by an additional $200, whichever is greater, as a penalty for noncompliance with the grading permit requirement.

B. The owner and developer of the property or the person or persons responsible for the initiation of grading shall be responsible for correcting any damages done by the grading on-site or off-site.

1. Off-site correction(s) and restoration shall include, but not be limited to, repair of damages to improvements within the public right-of-way, to any portions of the county-owned storm sewer systems, and to private drain systems, and shall include the removal of any sediment and debris from the public right-of-way and drainage facilities.

2. On-site correction(s) and restoration shall include covering of exposed soil surfaces with planting, and correction of improper grubbing or grading, and drainage.

C. In the event that the person or persons responsible do not or cannot satisfactorily perform said restoration to comply with the provisions of this chapter, they shall post a performance bond in an amount sufficient, as determined by the director, to ensure payment of all costs of restoring the public right-of-way. Such performance bond shall be maintained in force for a period of up to one year to ensure the establishment of adequate ground cover and completion of the restoration work. No certificate of completion for said work shall be issued by the director without satisfactory completion of the restoration work. (Ord. 2684 § 12, 1998)

If the director finds that the work as proposed by the applicant is likely to endanger any property or public way, he shall deny the grubbing or grading permit. Factors to be considered in determining probability of hazardous conditions shall include, but not be limited to, possible saturation of the ground by rains, earth movements, surface water runoff, subsurface conditions such as the stratification of faulting of rock, nature and type of soil or rock. Failure of the director to observe or recognize hazardous conditions or his failure to deny the grubbing or grading permit shall not relieve the owner or his agent from being responsible, nor cause the County, its officers or agents, to be held responsible for the conditions or damages resulting therefrom. (Ord. 816 § 1 (part), 1975: prior code § 24-2.5)

Every grubbing or grading permit shall expire and become null and void one year after the date of issuance. However, the director may grant a time extension in cases of hardship or for good cause. (Ord. 2684 § 13, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-2.4)

The director may, in writing, suspend or revoke a permit issued under the provisions of sections 20.08.040 through 20.08.160 whenever the permit has been issued on the basis of incorrect information supplied by the permittee or whenever the grubbing, stockpiling or grading is not being performed in accordance with the terms and provisions of the permit. (Ord. 2684 § 14, 1998: Ord. 816 § 1 (part) 1975: prior code § 24-2.6)

A grading permit shall not be issued for any cut, fill, or stockpiling involving quantities more than five hundred cubic yards or for excavations or fills over fifteen feet in vertical height, or for work being done in increments of five hundred cubic yards or less that is part of a larger development unless the permittee shall first file a bond for the benefit of the County; provided, that if the proposed grading is to be performed under an approved subdivision plan and a subdivision bond has been filed, then the director shall not require a bond for grading or stockpiling. At the option of the applicant, he may either file a bond guaranteed by a surety company duly authorized to transact business within the State of Hawaii, or he may deposit cash in lieu of a bond guaranteed by a surety company. No interest shall be paid by the county on such cash deposits. (Ord. 2684 § 15, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-2.7(a))

A. The amount of the bond shall be in an amount as determined by the director which shall be sufficient to cover the costs of completion of grading, construction of drainage improvements, and implementation of erosion control measures.

B. The bond shall be subject to the condition that the permittee shall:

1. Comply with all the terms and conditions of the grading permit to the satisfaction of the director;

2. Complete all of the work authorized under the permit within the time limit specified in the permit. (Ord. 2684 § 16, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-2.7(b), (c))

The term of each bond shall begin upon the date of issuance of the grading permit and shall remain in effect until the completion of the work to the satisfaction of the director. An amount equal to one-third of the bond may be retained for a

period of six months after completion. Such completion shall be evidenced by the issuance of a grading certificate signed by the director. In the event of failure to complete the work or failure to comply with all of the conditions and terms of the permit, the director may order the work to be completed as required by the permit and to the satisfaction of the director. The surety executing such bond or the cash depositor shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the county in causing any and all of such required work to be done, and that the surety or the depositor assents to the completion of the work even though it is performed after the time allowed in the permit. (Ord. 2684 § 17, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-2.7(d))

The permittee shall notify the director at least two days before the permittee or his agent begins any grading or grubbing. Plans and specifications for grading or grubbing bearing the approval of the director shall be maintained at the site during the progress of any work. Where it is found by inspection that the soil or other conditions are not the same as stated or shown in the application for a grading or grubbing permit, the director may stop the grading or grubbing until revised grading or grubbing plans, based upon the existing conditions, are submitted by the permittee and approved by the director. (Ord. 816 § 1 (part), 1975: prior code § 24-2.8)

The requirements of sections 20.08.180, 20.08.190, and 20.08.200 may be waived by the director after the permittee submits an engineer’s report substantiating the stability of the cut or fill slopes without complying with any of the requirements therein. (Ord. 2684 § 18, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-3.1 (part))

Where a cut or fill is greater than fifteen feet in height, horizontal terraces or benches shall be constructed at vertical intervals of fifteen feet. The minimum width of such horizontal terraces or benches shall be at least eight feet wide. (Ord. 816 § 1 (part), 1975: prior code § 24-3.1(a))

Under the following soil conditions, no cut may be steeper in slope than the ratio of its horizontal to its vertical distance as shown below:

A. One fourth horizontal to one vertical in rock;

B. One half horizontal to one vertical in mud rock or decomposed rock;

C. One horizontal to one vertical in rock and clay mixture;

D. One and one half horizontal to one vertical in sandy and clayey soils. (Ord. 816 § 1 (part), 1975: prior code § 24-3.1(b))

Under the following soil conditions, no fill may be steeper in slope than the ratio of its horizontal to its vertical distance as shown below:

A. One and one half horizontal to one vertical in rock and clay mixture;

B. Two horizontal to one vertical in sandy and clayey soils. (Ord. 816 § 1 (part), 1975: prior code § 24-3.1(c))

A. The horizontal distance from the top or bottom of a cut or fill slope to the adjoining property line shall be

as follows:

B. These requirements may be waived by the director when cuts or fills are supported by retaining walls, approved by the land use and codes administration, or when the permittee submits an engineer’s report stating that the soil conditions will permit a lesser horizontal distance without causing damage or danger to the adjoining property. (Ord. 2684 § 19, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-3.1(d))

The fill materials may consist of rock, gravel, sand, or soil, or a mixture thereof, but shall not contain any debris or organic matter. The fill material shall be spread in a series of layers each not exceeding six inches in thickness after compaction. After the fill material is placed and compacted, the compaction density shall be a minimum of ninety percent of the maximum density as determined by the modified soil compaction test, designated as AASHO T180-57 or ASTM D1557-58T tests in “Standard Specifications for Highway Materials and Methods of Sampling and Testing,” published by the American Association of State Officials, 1961. These requirements may be waived by the director if the permittee submits an engineer’s report stating that

the required compaction density can be met with a thicker layer of fill, or substantiating why the required ninety percent compaction density cannot be obtained with the fill material to be used. (Ord. 816 § 1 (part), 1975: prior code § 24-3.1(e))

The natural ground surface shall be prepared by removing the vegetation and, if required by the director, shall be notched by a series of terraces prior to the placement of any fill. No fill shall be placed over any water, including wetlands and streams, refuse dump, nor upon a soft, soggy or springy foundation; provided, that this requirement may be waived by the director if the permittee submits an engineer’s report substantiating the permanence and safety of the fill. (Ord. 2684 § 20, 1998: Ord. 816 § 1 (part) 1975: prior code § 24-3.1(f))

Trees, timber, plants, shrubbery and other vegetation, after being uprooted, displaced or dislodged from the ground by excavation, clearing or grubbing, shall not be stored or deposited along the banks of any stream, river or natural watercourse. After being uprooted, displaced or dislodged, the director may require that such vegetation be disposed of and removed from the site within a reasonable time, but not to exceed three months. (Ord. 816 § 1 (part), 1975: prior code § 24-3.1(g))

When grading involves cuts or fills in excess of fifteen feet in height, or involves fills placed over a swamp, pond, gully or lake, the permittee shall submit an engineer’s report upon the completion of such work. This report shall contain:

A. A description of materials used in the fill and its moisture content at the time of compaction, the procedure for deposit and compaction of fill, the preparation of original ground surface before making the fill, and a plan showing the location of compaction tests made in the fill together with a tabulation of relative compaction densities obtained at each location;

B. The recommended soil bearing pressures for proposed structures;

C. A certification by an engineer that the work was done in conformity with the approved plans. (Ord. 2684 § 21, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-3.1(h))

A. Any person performing or causing to be performed any excavation or fill shall, at his own expense, provide the necessary means to prevent the movement of earth of the adjoining properties, to protect the improvements thereon, and to maintain the existing natural grade of adjoining properties.

B. Any person performing or causing to be performed any excavation or fill shall be responsible for the maintenance or restoration of street pavements, sidewalks and curbs and improvements of public utilities which may be affected. The maintenance or restoration of street pavements, sidewalks and curbs shall be performed in accordance with the requirements of the County of Maui and the maintenance and restoration of improvements of public utilities shall be in conformity with the standards of the public utility companies affected.

C. No person, firm or corporation, either directly or indirectly, shall so construct or maintain drainageways on, over, through or across any lands owned, leased or controlled by such person as to block a drainageway on such lands or divert surface stormwater in such a manner as to cause such surface stormwater to flow on, into or over any public highways of the county, other than through natural channels and water courses.

D. No person, either directly or indirectly, shall block a drainageway without the prior approval of the department of public works and waste management of the County of Maui.

E. Any person depositing or causing to be deposited any silt, refuse paper, trash, glass, nails, wire, bottles, cans, grass clippings, brush, yard trash, concrete, earthen fill, garbage, containers, or other similar debris in any drainageways, ditches, water courses, drainage facilities and public roadways shall remove such silt or other debris.

1. In case such person shall foul, neglect or refuse to comply with the provisions of this section within forty- eight hours after written notice, served upon him either by mail or by personal service, the director may proceed to remove the silt and other debris or to take any other action he deems appropriate. The costs incurred for any action taken by the director shall be payable by such person.

2. For administrative enforcement pursuant to section 19.530.030 of this code, the owner, permittee and general contractor for the project shall be jointly and severally liable to pay a civil fine not to exceed one percent of the project cost if the director determines that the project has deposited or caused to be deposited any of the aforesaid debris in the near shore water of the ocean endangering the reef or ocean life.

F. Exposure. The area of land to be graded, grubbed or used for stockpiling may not exceed fifteen acres, except that the director may increase this maximum to a size larger than fifteen acres if the adopted conservation standards can be maintained, or the director may reduce the maximum to a size below fifteen acres if the director determines that the conservation standards will not be met. Additional area shall not be opened for grading, grubbing, stockpiling until measures to prevent dust or erosion problems in the area already graded or grubbed have been satisfactorily completed.

G. At any stage of the grading or grubbing work, if the director finds that further work as authorized by an existing permit is likely to create soil erosion problems or to endanger any life, limb or property, he may require safety precautions which may include, but shall not be limited to:

1. The construction of flatter exposed slopes,

2. The construction of additional drainage facilities or terraces,

3. The removal of rocks, boulders, debris and other dangerous objects which, if dislodged, are likely to cause injury or damage,

4. The construction of fences or other suitable protective barriers,

5. The planting of slopes,

6. The performance of additional soil compaction,

7. Limiting the area of land which may be graded or grubbed at a given time,

8. The temporary stopping of grading or grubbing operations during adverse wind conditions,

9. The sprinkling of water, and

10. The planting of grass or other ground cover. (Ord. 2684 § 22, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-3.2)

The provisions of this chapter shall not be construed to relieve or alleviate the liability of any person for damages resulting from performing, or causing to be performed, any grading or grubbing operation. The county, its officers and employees shall be free from any liability, cost or damage which may accrue from any grubbing or grading or any work connected therewith authorized by this chapter. (Ord. 816 § 1 (part), 1975: prior code § 24-4.2)

It is unlawful for any person to do any act forbidden, or to fail to perform any act required, by the provisions of this chapter. (Ord. 816 § 1 (part), 1975: prior code § 24-4.1(a))

The failure to comply with the requirements set forth under the provisions of this chapter shall be deemed a new offense for each day of such noncompliance. (Ord. 816 § 1 (part), 1975: prior code § 24-4.1(b))

Any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding $1,000 or by imprisonment not exceeding one year, or by both. Each day of each violation shall constitute a separate offense. (Ord. 2684 § 24, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-4.1(c))

The director may adopt rules to implement this chapter. (Ord. 2684 § 25, 1998)