COM 0825.051 2010-2012 - Laserfiche WebLink

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AN ORDINANCE AMENDING CHAPTER 14, GENERAL WELFARE, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO GEOTHERMAL DRILLING. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14, Hawai`i County Code 1983 (2005 Edition, as amended), is amended by adding a new article to be appropriately designated and to read as follows: " Article_. Geothermal Drilling. Section 14- . Definitions. For the purposes of this article, the following words and phrases, unless the context otherwise requires, shall be defined as indicated: "residence" means a building or a part thereof permitted and designed for or used for a home. "one mile" means the measurement made from the well bore, in a straight line, without regard to intervening structures or objects, to the property line of the nearest residence. Section 14- . Restrictions. Geothermal resources exploration drilling and geothermal production drilling operations being conducted one mile or less from a residence, shall be restricted to the operating hours of 7:00 a.m. — 7:00 p.m. Section 14- . Exceptions. The restrictions of this article shall not be interpreted or construed to deprive rights of a geothermal developer to conduct drilling operations which vested prior to the implementation of this article." SECTION 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity does 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 to be severable. SECTION 3. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 4. This ordinance shall take effect upon its approval.