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HomeMy WebLinkAboutPowerpoint PDI Telecommunication PL-PDI-2024-000008 RELATED TO PLANNING DIRECTOR INITIATED CODE 1983 (2016 EDITION, AS AMENDED)ARTICLE 5, AND ARTICLE 7 OF THE HAWAII COUNTY AMENDMENT TO CHAPTER 25, ARTICLE 2, ARTICLE 4, ANTENNAS AND TOWERSTELECOMMUNIC ATION THE AFFECT OF THE BILL IS TO REMOVE THE REQUIREMENT TELECOMMUNICATION ANTENNAS AND TOWERS.AMEND STANDARDS FOR THE ESTABLISHMENT OF PLAN APPROVAL APPLICATION REQUIREMENTS, AND ADD ANTENNAS AND TOWERS IN CERTAIN ZONING DISTRICTS, FOR A USE PERMIT TO ESTABLISH TELECOMMUNICATION PURPOSE the Hawai’i Corporation Counselthese legal requirements, based on a legal opinion and recommendation from processing of permits for telecommunication towers and antennas meet Planning Director is amending the Zoning Code to ensure that the review and receiving a complete application. To comply with this state statute, the approved, approved with modifications, or denied within sixty days of related permits be either -89 requires that all broadband-46§HRS Section a significant additional amount of time. a contested case petitioner, the subsequent contested case process can take contested case hearings. Should the Planning Commissions grant standing to Use Permit applications heard by the Planning Commissions are subject to request. application and an additional 60 days thereafter to render a decision on the which are allowed 90 days to commence a public hearing on a Use Permit This process includes review and approval by the Planning Commissions, districts. and operate telecommunication antennas and/or towers in certain zoning The Zoning Code currently requires the issuance of a Use Permit to construct CK0 In 1996, the Hawaizoned district.-district. This aimed to align with the intent of the Opentelecommunication antennas and towers to be located within any O zoned 25, requiring a Use Permit for -County Council adopted Ordinance No. 11i ʻ towers on lands zoned RA, FA, A and IA by the County. In 2011, the HawaiPermit by the Planning Commission for telecommunication antennas and 17 to require the issuance of a Use -County Council adopted Ordinance No. 10i ʻ Due to Act 171 removing the requirement for a Special Permit, the Hawai 2011-2010 this issuance of a Special Permit by the Planning Commission. antennas and towers within the State Land Use Agricultural District without permitted the construction and operation of wireless telecommunication and towers within the State Land Use Agricultural District. Act 171 however, Prior to 2007, a Special Permit was required for telecommunication antennas 20071996 TIMELINE them in lands zoned RA, FA, A, IA, V, CN, CG, CV, MCX, ML, MG, O, and CDH.antennas and towers on lands zoned RS, RD, RM, and RCX, while permitting 160 required the issuance of a Use Permit for telecommunication -No. 96defined and regulated telecommunication antennas and towers. Ordinance 160, which -i County Council adopted Ordinance 96 ʻ TIMELINE (CONT.)i County Code.ʻ Department to make necessary revisions to the Hawaipermit was then issued, and Corporation Counsel advised the Planning use permit applications are not subject to a contested case hearing. The 89, telecommunication antenna and tower -46§i Revised Statutes ʻ on HawaiDepartment with a legal opinion on December 27, 2023, and opined that based result of this request, the Corporation Counsel provided the Planning -timeframes in State Law for taking action on a broadbanddetermination on whether the Commission’s action was at odds with the After standing was granted, the applicant’s representative requested a The Windward Planning Commission voted to grant the petition for standing. petition for standing in a contested case hearing was filed for the application. athe Windward Planning Commission on December 7, 2023. In addition, a A Use Permit application for a telecommunication tower facility was heard by Code to address the change. i County ʻ the preceding, there was no subsequent update made to the Hawairelated permits within sixty days of a complete application. Despite -broadband89) mandated that Counties act on all -46§Act 264 (which later became HRS 20232013 In response to Corporation Counsel’s advice, the Planning Department is Commission as well as other best management practices. standard conditions from prior Use Permits that were issued by the Planning Additionally, the bill incorporates new standards that were created from denying a telecommunications tower permit based on health concerns.Health concerns, recognizing that federal law prohibits the County from •Proper setbacks and siting; and •Visual impacts, with measures to mitigate where possible;•most common feedback heard over the past 28 years including: issued by the Planning Director. We have drafted this bill to incorporate the Permit issued by the Planning Commission in a public forum to a Plan Approval transitioning the approval process for telecommunication facilities from a Use PROPOSED AMENDMENTS. 89-46§day action requirement found in HRS -use permits and comply with the 60development of telecommunication infrastructure by removing the requirement for This amendment is necessary to expedite the Reason for the Amendment:director has issued plan approval for such use… are not hazardous or dangerous to the surrounding area and the useitsandtower,antenna, thethatprovideddistricts;all zoning\] CDHandMGML,MCX,the V, CN, CG, CV, A telecommunication antenna or tower shall be permitted in \[a)is proposed to be amended as follows:12(a) -4-Section 25\]O districts.(11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and \[only if a use permit is obtained for the use from the commission:(a)The following uses shall be permitted within designated County zoning districts is proposed to be amended as follows:61(a)-2-Section 25 PROPOSED AMENDMENTS new plan approval.area, as defined by the Federal Communication Commission, requires issuance of a location that results in a ‘substantial change’ to the tower height or ground lease -in a ‘substantial change’, as defined by the Federal Communication Commission. Colocation must not result -not located within the open yard setback areas, and the colocating carriers must be adjacent to the existing ground lease area and -areas of coprovided the director issued plan approval for the existing tower. The ground lease related support equipment within the project site is permitted and encouraged location of antennas upon an existing privately owned tower and expansion of -…Coa)is proposed to be amended to include the following:12(a) -4-Section 25 Relating to Standards PROPOSED AMENDMENTS conditions of approval unless due to specified changes.compliance with prior -modifications that defeat existing concealment elements; and nonway and base stations; any excavation or deployment outside current property boundaries; -of-cabinets or ground cabinets increasing by more than 10% in size for towers within public rightsexisting -installation of more than four new equipment cabinets, or one new cabinet if no preway and base stations; -of-way, or more than 6 feet for towers within public rights-of-rightswidth increase of more than 20 feet or the width of the tower structure for towers outside public way and base stations; a -of-way, or more than 10% or 10 feet for towers within public rights-of-more than 10% or one additional antenna array (up to 20 feet) for towers outside public rightsAccording to the FCC, a modification is deemed “substantial” if it involves a height increase of (FCC) Section 6409(a) of the Spectrum Act.location results in a “substantial” change as defined by the Federal Communications Commission -towers, and expediting the approval process. A new plan approval will be required if the codemand areas while reducing the need for additional -improve coverage and capacity in highlocation in an effort to -The Planning Director is encouraging co Reason for the Amendment: Relating to Standards PROPOSED AMENDMENTS.propertyadjacenttoeffectsdetrimentalotherordrainage,visual,glare,light,noise,tolimitednotbutincludingimpacts,adverseinresultnotwilldirectorthebyvarianceaofissuancethethatfindingup onreduced,bemaysizelotminimumThe4).districtszoningCDHandMG,ML,MCX,CV,CG,CN,V,thewithintowerstelecommunicationofplacementtheforrequiredbeshallsizelotminimumNo3).acre)1(onebeshalldistrictzoningRAandRMR D,RS,awithintowertelecommunicationanyofplacementtheforsizelotminimumThe2).acres)5(fivebeshalldistrictszoningOandIAFA,A,anwithintowertelecommunicationanyofplacementtheforsizelotminimumThe1)followsasad dedbetoproposedis(c)12-4-25Section Relating to Standards PROPOSED AMENDMENTS setback for telecommunication facilities from the property line.setbacks and minimum lot sizes. The only requirement currently in the code is the These are all necessary site improvements, such as Reasons for the Amendment: 12(d)(1).-4-Section 25districts shall be exempt from the property line setback requirement stated in Telecommunication towers located within Commercial or Industrial zoning 3)residences and schools not on the subject property.Telecommunication towers must be sited at least 1,200 feet from nearby 2)height as measured from the ground level.minimum distance equal to one hundred and twenty (120) percent of the tower Telecommunication towers shall be set back from any property line with a 1)followsasaddedbetopropose dis(d)12-4-25Section Relating to Standards PROPOSED AMENDMENTS.feet120ofminimumasetbackbetorequiredbewouldtowera)3(d)(12-4-25SectioninproposedchangestheWith.feet20ofminimumalinepropertythefromsetbackbetotowerft100arequirewouldcodezoningcurren ttheexample,For Relating to Standards V requirements outlined in this chapter. emergency dispatch services, shall be exempt from the telecommunication tower welfare, including but not limited to facilities for police, fire, ambulance, and other Telecommunication facilities developed primarily to protect public health, safety, and b)is proposed to be added as follows: 12(b) -4-Section 25 Relating to Standards PROPOSED AMENDMENTS Relating to Standards climbing risks. is securely enclosed and that towers are safeguarded against potential unauthorized that protect both the public and the tower facility, ensuring that ground equipment This amendment aims to add safety requirements Reason for the Amendment:climbing device.-with an antiby fencing a minimum of 6 feet in height, and towers must be equipped Fencing and Safety Measures. Telecommunication towers must be enclosed e)is proposed to be amended as follows:12(e) -4-Section 25 C PROPOSED AMENDMENTS PROPOSED AMENDMENTS part of the Use Permit process.These statements are currently required as FCC, enhancing safety and compliance. towers and antennas meet the necessary regulatory standards set by the FAA and This amendment ensures that telecommunication Reason for the Amendments:shielded to minimize impacts to migrating seabirds.All exterior lighting, except safety beacons required by the FAA, shall be Federal Aviation Administration and Federal Communications Commission. rules, regulations and requirements of the affected agencies, including the The telecommunication antennas and tower shall comply with all applicable g)is proposed to be added as follows:12(g)-4-Section 25 Relating to Standards Relating to Standards wildfire areas. risk -surveillance camera systems on telecommunication towers located in highand response capabilities by requiring tower developers to provide space for wildfire This amendment aims to enhance wildfire detection Reasons for the Amendment: agencies.consultation with any relevant federal, state, and county emergency service risk wildfire activity areas shall be determined by the director in -Highmonitor and detect wildfire activity as a condition of Final Plan Approval. required to provide space for a surveillance camera system designed to risk for wildfire activity may be -towers located in areas identified as highTo enhance wildfire detection and response capabilities, telecommunication h)is proposed to be added as follows:12(h)-4-Section 25 PROPOSED AMENDMENTS Relating to Standards telecommunication towers.language has also been a standard condition in all Use Permits issued for term impacts of abandoned telecommunication towers. This -regarding the longThis amendment is crucial to address concerns Reasons for the Amendment:tower and related improvements and the removal of all structures.notification to the director of the termination of the telecommunication concrete foundation. The applicant shall immediately provide written the equipment building and the fence), down to, but not including the shall remove the tower and its antenna and accessory structures (including Within 120 days of the permanent abandonment of the tower, the applicant j)is proposed to be added as follows:12(j)-4-Section 25 PROPOSED AMENDMENTS PROPOSED AMENDMENTS term -towers are strong enough to handle future additions, enhancing their longThis amendment aims to ensure telecommunication Reason for the Amendments:miles per hour;thirty one hundred , will have a hard survivability for sustained winds of antennas and equipmentat full build out inclusive of all potential \] proposed to be installed thereon,together with the initial antennas and other equipment that the tower, \[Building plans for the tower, certified by a licensed structural engineer, verifying 2)is proposed to be amended as follows:74(2)-2-Se ction 25 Relating to Plan Approval PROPOSED AMENDMENTS as part of the Plan Approval process.with Federal law telecommunication towers and antennas, this amendment will ensure compliance compliance documentation, but as a Use Permit will no longer be required for historic properties. Our current Use Permit application process requires Section 106 (NHPA) requires federal agencies to consider the potential impact of their actions on Section 106 of the National Historic Preservation Act Reasons for the Amendment:Preservation Act of 1966 Section 106 review has been completed. Documentation demonstrating compliance with the National Historic 5)is proposed to be added as follows: 74(5) -2-Section 25 Relating to Plan Approval Relating to Plan Approval respects the surrounding properties.promotes the integration of telecommunication infrastructure in a manner that making, and -outreach efforts, it enhances public trust, facilitates informed decisioncomprehensive statement on location rationale, design considerations, and minimize potential impacts on surrounding properties. By requiring a responsible development practices that consider community preferences and This amendment is essential to promote Reasons for the Amendment:landowners and/or community regarding the development. proposed tower or antennas and the efforts made to meet with the adjacent A statement providing the reasons for the location, design and height of the 7)is proposed to be added as follows:74 (7)-2-Section 25 PROPOSED AMENDMENTS PROPOSED AMENDMENTS is added to require a comprehensive visual impact analysis 74 (8)-2-Section 25 that minimizes visual impacts on the surrounding community and landscape. To ensure that telecommunication antennas are sited and designed in a manner •opportunities; andis proposed to be added which requires a report on specific siting (6)74 -2-Section 25 impacts, and encourages efficient use of existing infrastructure, location opportunities, minimizes visual and environmental -maximizes coTo ensure that proposed telecommunication facilities are sited in a way that •and (8):74(6) -2-In addition, the following are proposed to be added to Section 25 Relating to Plan Approval PROPOSED AMENDMENTS by the director, reinforcing transparency and responsiveness in regulatory procedures. making -approval if deadlines are not met encourages proactive review and timely decisionaccountability in the planning approval process. Moreover, the provision for automatic This amendment is necessary to enhance efficiency and Reasons for the Amendment:certification by the director.89, the application shall be considered approved without further -Statutes Chapter 46i Revised ʻ director fails to render a decision within the time frame specified by Hawai89. If the -i Revised Statutes, Chapter 46 ʻ of the application, in accordance with Hawaieither approve or deny the plan approval application within sixty days after acceptance For a telecommunication antenna or tower, the director shall render a decision to 3)is proposed to be amended as follows:76(d)(3) -2-Section 25 Relating to Action of a Plan Approval Forward a favorable recommendation to the RECOMMENDATIONDIRECTOR’S PLANNING County Council