The floodway identified on the flood maps and located within areas of special flood hazard is the watercourse reserved to discharge the base flood. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which could carry debris, and erosion potential, the following apply.
(a) A floodway permit must be obtained from the director before approval or issuance of any other permits for all new construction of or substantial improvements to structures within the floodway area.
(b) A restrictive covenant shall be inserted in the deeds and other conveyance documents of the property and recorded or filed with the bureau of conveyances or the land court of the State of Hawaii, or both, as appropriate, providing that a permit has been granted to a property located in a floodway area that is subject to flooding and flood damage, increases risks to life and property, and the property owners shall not file any lawsuit, action, or claim against the city for costs or damages, and shall indemnify and save harmless the city from any liability when such loss, damage, injury, or death results due to the permit and the flooding of the property. Upon approval of the floodway permit, such covenant shall be fully executed and recorded. Proof of recordation shall be submitted to the director before issuance of any building permits.
(c) Any temporary or permanent encroachment, including fill, structures, storage of material or equipment, or other development within the floodway, shall not be approved, unless certification and supporting data, including hydrologic and hydraulic analyses performed in accordance with standard engineering practice, are provided by a licensed engineer demonstrating that the proposed encroachment will not cause any increase in base flood elevations during the occurrence of the base flood.
(d) Proposed structures in the floodway area shall additionally comply with the general development standards and flood fringe area provisions of this chapter.
(e) No more than two dwelling units shall be permitted on a single zoning lot whose only buildable area is in the floodway.
(f) Within an area designated AE without a floodway on the flood maps, until a floodway is designated, no new construction, substantial improvement, or other development (including fill) shall be permitted, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1 foot at any point.
(1990 Code, Ch. 21A, Art. 1, § 21A-1.7) (Added by Ord. 14-9; Am. Ord. 16-30)