COM 0925.001 2008-2010 - Laserfiche WebLink

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(1) Where the building site will be located within the tsunami evacuation zone and will be outside of a one -mile radius of a tsunami siren; and (2) That will either create the capacity to host residential or commercial activities to include more than fifty persons at any one time or expand the existing capacity so that the aggregate residential or commercial activities within the area described in (1) above will exceed more than fifty persons at any one time. Section 25 -4- . Tsunami siren required; exemption. (a) Prior to plan approval, the director shall require that any proposed development meeting the criteria under section 25 -4- shall include a tsunami siren within its design. (b) Applications for plan approval shall be exempt from this division if there is a tsunami siren within a one -mile radius of the building site. The applicant shall bear the burden of proof that there is a tsunami siren within a one -mile radius of the building site. Section 25 -4- . Tsunami siren compatibility; approval by civil defense agency. (a) The director shall submit the applicant's plans to the civil defense agency, which shall: (1) Approve the compliance of the tsunami siren in terms of location, support construction, and any detail related to the safe and efficient ability of the siren to be fully integrated into the Hawai`i State Outdoor Siren Warning System; (2) Approve the compliance of the tsunami siren utilizing standards and specifications as provided by the Hawai`i State Civil Defense; and (3) Submit an official approval document to the planning department stating that the applicant's plans include a tsunami siren that will meet the requirements of this section. (b) The director shall not issue plan approval until receipt of the approval document from the civil defense agency. (c) After the tsunami siren has been installed and its operability is confirmed, it shall be dedicated to the County pursuant to chapter 2, article 30, section 2 -162.1 of this Code. (d) The applicant shall provide to the County and State of Hawai`i easement or access, or both, to the siren for the purpose of repair and maintenance." SECTION 3. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. 2