HomeMy WebLinkAboutBIL 194 Draft 01 2022-2024of.
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COUNTY OF HAWAII
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BILL NO. 194
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLES 1, 2, 4, 5, AND 7, OF THE
HAWAI`I COUNTY CODE 1983.(2016 EDITION, AS AMENDED), RELATING TO
TELECOMMUNICATION ANTENNAS AND TOWERS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Findings and purpose. The Council finds it necessary to provide standards
and application requirements for the installation of telecommunication towers and antennas to
minimize visual and operational effects through careful design, siting, and screening; to avoid
potential damage to adjacent properties from tower failure through engineering and careful
siting; and to maximize use of any new telecommunication tower or existing structures to reduce
the number of towers needed. The Council further finds that due to the provisions of Hawaii
Revised Statutes, Section 46-89, the County Code must be updated for alignment with State
regulations.
The purpose of this ordinance is to implement a uniform and comprehensive regulatory
framework for the development, siting, installation, and maintenance of telecommunication
antennas and telecommunication towers.
SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983
(2016 Edition, as amended) is amended by amending the definition of "Telecommunications
antenna" in subsection (b) to read as follows:
""[Tel eeommunieations] Telecommunication antenna" means an antenna, [tower
ate] equipment, repeater, wireless or broadband -related infrastructure, or other accessory
structures for radio frequency (RF) transmissions intended for specific users who must
have special equipment for transmission and/or reception. Also included are broadcasting
facilities, lower power television, and small wireless facilities defined and regulated by
the Federal [Gemmuniea+ ^^] Communications Commission (FCC) under [the] Title 47
of the Code of Federal Regulations[,, paf 74 which ifieludes low powef television].
Included are land -mobile or two-way radio, and one-way radio paging service
broadcasting. Also included are independent receiving facilities which do not qualify as
accessory uses. Not included are portable, hand held and vehicular transceivers or radios;
industrial, scientific and medical equipment operating at frequencies designated for that
purpose by the Federal Communications Commission (FCC); marketed consumer
products, such as microwave ovens, citizens band radios, ham radios and remote control
toys; and facilities for the receiving of these transmissions, including individual radio and
television appliances."
SECTION 3. Chapter 25, article 1, section 25-1-5 of the Hawaii County Code 1983
(2016 Edition, as amended) is amended by adding a definition in subsection (b) to be
appropriately inserted and to read as follows:
""Telecommunication tower" or "tower" means a freestanding mast, pole,
monopole, guyed tower, lattice tower, free standing tower, or other structure designed
and primarily used to support a telecommunication antenna or antennas."
SECTION 4. Chapter 25, article 2, division 6, section 25-2-61, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
"(a) The following uses shall be permitted within designated County zoning districts
only if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS, RA, FA, and A districts, provided
that the property is within the state land use urban district.
(2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD,
RM, RCX, RA, FA, A and V districts.
(3) Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, RA, FA, and
A districts; provided that a minimum building site area of ten thousand square
feet is required within the RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area of ten thousand square feet shall be required
within the RS, RD, RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA,
FA, A, V, CG, CV, and 0 districts, provided that the property is within the
state land use urban or rural district. Golf courses and golf driving ranges shall
not be permitted within the state land use agricultural district unless approved
by the County before July 1, 2005.
(6) Group living facilities that exceed the criteria in subsection 25-1-5(b),
paragraph (b) of the definition of "group living facility" in the RS, RD, RM,
RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes in the
RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum
building site area of ten thousand square feet shall be required within the RS,
RD, RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG,
CV, MCX, ML, MG and 0 districts.
(9) Medical clinics in RS, RD, RM, RA, FA, and A districts.
(10) Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts,
provided that a minimum building site area of ten thousand square feet shall
be required within the RS, RD, RM, and RA districts.
[(l 1) Teleeemmuniea4ien anteiinas and towers in RS,RD, RM, RGX, PrA, FA, A,
!A and 0 districts.]
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[0-2)] � Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V,
CG, CV, MCX, ML, MG and 0 districts.
(12) Wind energy facilities in the 0 district; provided that the property is
within the state land use agricultural district.
� Other unusual and reasonable uses which are not specifically permitted
in any zoning district with the approval of the director and the concurrence of
the council by resolution."
SECTION 5. Chapter 25, article 2, division 7, section 25-2-74, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended to read as follows:
"Section 25-2-74. Plan approval application requirements for
telecommunication antennas[-;] or towers.
In addition to the application requirements for plan approval contained in section
25-2-72, an application for plan approval for a telecommunication antenna or tower shall
contain the following information:
(1) A plot plan showing the location of the proposed antenna or tower[;] and all
buildings and uses within three hundred feet thereof,
(2) An elevation drawing of the building site showing the proposed antenna or
tower relative to the ground surface and all existing structures,
[(2)] � Building plans for the tower, certified by a licensed structural engineer,
stating the maximum load of the tower and verifying that the tower, together
with the initial antennas and other equipment or structures proposed to be
installed thereon, will have a hard survivability for sustained winds of one
hundred miles per hour[;] or the applicable standard set forth in the current
building code, whichever is greater;
[(-3)] � A statement from the Federal Aviation Administration that the
application has not been found to be a hazard to air navigation; and
[(4)] (5� A sta4efaent ffem the Fedefal Gommunieatiens Commission that the
appIieation eomplies with the r-egttla4ions of the Commission of a sta*mer4
that no such eomplianee is neeessafy.] A report prepared by a person who is
licensed in the State of Hawaii as a professional electrical engineer certifying
that the proposed use complies with all applicable standards and regulations,
including those related to radio frequency emissions, of the Federal
Communications Commission and the State of Hawaii;
(6) Electrical drawings and specifications of any antenna or equipment that have
been prepared, designed, and stamped by a person who is licensed in the State
of Hawaii as a professional electrical engineer;
(7) A fire safety plan that meets the requirements of the Hawaii fire department
and includes:
(A) A description of vegetation to be used for screening;
(B) An access easement to the building site in favor of the Hawaii fire
department for fire suppression purposes to be kept in force until the
abandonment or discontinuance of the proposed use; and
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(C) An executed agreement between the applicant and the Hawaii fire
department to allow for the installation, maintenance, and remote access
of monitoring equipment on the building site; and
(8) A statement from the State department of health regarding compliance with
applicable standards for noise levels;
(9) A statement from the applicant that the proposed use will not interfere with
the County's land mobile radio system and other public emergency
communication systems;
(10) Documentation of efforts b the he applicant to install or co -locate the proposed
use in accordance with the order of priority set forth in section 25-4-12,
subsection (g).
(11) A decommissioning plan for the restoration of the building site to its original
condition upon abandonment of the proposed use;
(12) A statement that a geotechnical analysis of the soil conditions and flood
hazard of the building site has been completed and verifies that the site is
adequate to assure the stability of the proposed antenna or tower;
(13) A maintenance plan in accordance with industry standards;
(14) A copy of all required licenses issued by the Federal Communications
Commission applicable to the proposed use,
(15) A declaration that the proposed use will be operational within two years of the
date of plan approval; and
(16) A description of all lighting fixtures to be installed on the building site and
used in connection with the proposed use, including a statement explaining
how the proposed lighting is designed to minimize its effect on neighboring
properties."
SECTION 6. Chapter 25, article 4, division 1, section 25-4-12, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended to read as follows:
"Section 25-4-12. Telecommunication antennas or towers.
• teleeenimunieation antenna of tewef shall be permitted
N4GX, ML, „6 and CD14 distr-iets; pr-evided that the antenna, tower-, and its use a
nat hazaidous or- dangefous to the suffetinding area and the difeetef has issued plan
.:: :" :-
the RS, RD RM RGX, r • distr-iets if a use peffnit is obtained
additional;•
plan approval faf stieh use.] • telecommunication antenna or •wer, including any
co -location of . new antenna uponan existing tower,be permitted in any
zoningdistrict, provided • director has• i plan approval f•
•[The Fninimufn setbaeks:
(1) Fr-eestanding antennas and towefs shall be set baek ffain evefy pfopefty
---fflufn of one feet fef evefy five feet of antenflaof towef
(2) Teleeommunieation antennas and towers suppofted by guy wires shall be set
back freni evefy pfopeftyfeet: feet of
Telecommunication towers shall be set back from every property line no less than
one hundred and twenty percent of tower height.
(c) The tower, together with the initial antennas or other equipment proposed to be
installed thereon, shall have a hard survivability for sustained winds of at least one
hundred miles per hour[...] or the applicable standard set forth in the current building
code, whichever is greater.
(d) A telecommunication antenna or tower shall not be permitted within one thousand
feet of any property line of any hospital, school, or residential district.
(e) The proposed use shall be operational within two years of the date of plan approval
or a longer time as may be agreed to by the director and the applicant. Failure of the
applicant to comply with this requirement shall cause such plan approval to expire.
( The director may engage a private consultant to inspect and determine whether the
proposed use violates any applicable standard of the Federal Communications
Commission, provided that the time during- which the private consultant is so
engaged shall not count toward the time limit set forth in subsection (e).
(g) No telecommunication antenna may produce at any time power densities or radio
frequency exposure levels that exceed the current standards of the Federal
Communications Commission regarding radio frequency emissions applicable to
the proposed use.
(h) Telecommunication antennas and towers shall be sited in accordance with the
following order of priority:
(1) On building sites with existing telecommunication antennas or towers,
(2) On industrial zoned lands;
(3) All other lands, exclusive of industrial zoned lands and residential zoned
lands; and
(4) Residential zoned lands.
(i) The design of a telecommunication antenna or tower shall include:
T (1) The external appearance constructed of non -reflective and nonflammable
materials;
(2) All associated equipment properly shielded to protect against fire risk;
(3) An emergency _ power shut-off mechanism;
(4) Surge protection to protect against significant electrical disturbance, and
(5) Signa eg that:
(i) Displays the owner of the antenna or tower, information by which the
antenna or tower can be identified and located, and a telephone number
for the owner or the owner's representative with responsibility for the
antenna or tower; and
ii) Is conspicuously posted in accordance with section 25-2-12. subsection
(c), except that where no public road borders the subject property,
si nage shall be posted at or near all property boundaries adjacent to
properties not owned by the owner of the building site.
(j) All electrical support equipment shall be screened from public view in cabinets,
boxes, or other similar structures, provided that, where practicable, all electrical
support equipment shall be located and secured underground.
(k) No outdoor storage facilities or structures related to the proposed use may be kept
or maintained on the building site, except during the period of construction or to
provide power to the antenna or tower on an emergency basis.
(1) The applicant shall provide proof of a public liability insurance policy in an amount
determined by the director and kept in effect until the abandonment of the subject
use."
SECTION 7. Chapter 25, article 5, division 1, section 25-5-3, division 2, section 25-5-
22, division 3, section 25-5-32, division 4, section 25-5-42, division 5, section 25-5-52, division
6, section 25-5-62, and division 7, section 25-5-72 of the Hawaii County Code 1983 (2016
Edition, as amended) are amended by repealing each paragraph reading "Telecommunication
antennas and towers." in the respective subsections (b) thereof and appropriately renumbering all
subsequent paragraphs.
SECTION 8. Chapter 25, article 5, division 1, section 25-5-3, division 2, section 25-5-
22, division 3, section 25-5-32, division 4, section 25-5-42, division 5, section 25-5-52, division
6, section 25-5-62, and division 7, section 25-5-72 of the Hawaii County Code 1983 (2016
Edition, as amended) are amended by adding a paragraph to be appropriately inserted in the
respective subsections (a) thereof and to read "Telecommunication antennas and towers, as
permitted under section 25-4-12." and by appropriately renumbering all subsequent paragraphs.
SECTION 9. Chapter 25, article 5, division 8, section 25-5-82 of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended to read as follows:
"Section 25-5-82. Permitted uses.
(a) The following uses shall be permitted in the IA district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Aquaculture.
(5) Cemeteries, as permitted under chapter 6, article 1 of this Code.
(6) Crop production.
(7) Farm dwellings, as permitted under sections 25-5-87(b) and (c).
(8) Forestry.
(9) Livestock production, provided that piggeries, apiaries and pen feeding of
livestock shall not be closer than one thousand feet to any major road or to
any district other than the A district on building sites approved by the State
department of health and the director.
(10) Public uses and structures which are necessary for agricultural practices.
(11) Telecommunication antennas and towers, as permitted under section 25-4-12.
[(44)] 12 Utility substations, as permitted under 25-4-11.
[ ,
(c�] tb) The following uses may be permitted in the IA districts, provided that a
special permit is obtained for such use:
(1) Crematoriums, funeral homes, funeral services, and mortuaries.
(2) Churches, temples, or synagogues.
(3) Community buildings as permitted under section 25-4-11.
(4) Day care centers.
(5) Hospitals.
(6) Public uses and structures, other than those necessary for agricultural
purposes, as permitted under section 25-4-11.
(7) Uses other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
[(d)] O In IA districts in areas with over thirty percent slope, in gullies, and where
rough terrain discourages intensive agricultural uses, the director may approve any
other uses which are permitted in the RA, FA, or A districts.
[(e)] (Q Buildings and uses accessory to the uses permitted in this section shall also
be permitted in the IA district.
[(f)] Oe No building site shall be established in the IA district which shall in any way
restrict or limit the uses permitted under this section."
SECTION 1.0. Chapter 25, article 5, division 16, section 25-5-162 of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended by amending subsections (a) and (b)
to read as follows:
"(a) The following uses shall be permitted in the O district:
(1) Aquaculture activities and facilities.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article I of this
Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Existing churches and temples of historical significance.
(5) Forestry.
(6) Game preserves.
(7) Growing of plants provided such growth does not impair a view intended to
be preserved in the O district.
(8) Heiaus, historical areas, structures, and monuments.
(9) Natural features, phenomena, and vistas as tourist attractions.
(10) Private recreational uses involving no aboveground structure except dressing
rooms and comfort stations.
(11) Public parks.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Telecommunication antennas and towers, as permitted under section 25-4-12.
["] LU4 Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the O district, provided that a use permit is issued for each use:
(1) Crematoriums, funeral homes, funeral services, and mortuaries.
(2) Golf courses, provided that the property is within the state land use urban or
rural district. Golf courses and golf driving ranges shall not be permitted
h
within the state land use aorIcLiluiral district unless approved by the County
before 11,11y 1, 2005.
(3) Yacht harbors and boating facilities; provided that the use, in its entirety, is
compatible with the stated purpose ofthe 0 district.
(4) Wind encrpy facilities; provided that the property is within the state land use
agricultural district.
[(5) Teleeonimanieation aiziteiinas.1-
SECTION 11. Chapter 25. article 5, division 9. section 25-5-92. division 10, section 25-
5-102, division 1 L, section 25-5-1 12.. division 12. section 25-5-122), division 14, section 25-5-
142, division 15., section 25-5-152., and article 7, division 2, section 25-7-22 ofthe Hawaii
County Code 1983 (2016 Edition. as amended) are amended by strikini, ``Telecommunication
antennas," and lrisertin,, '`Telecommunication antennas and towers.'" III lieu thereof.
Z:11
SECTION 12. Chapter 25, article 5. division 1 3, section 25-5-132 ofthe Hawaii
County Code 1983 (2016 Edition, as amended) is amended by striking "Telecommunications
antennas," and inserting "Telecommunication antennas and towers,- in lieu thereof.
SECTION 13. Except as otherwise provided herein, material to be repealed is bracketed
and stricken and new material IS underscored. In printing this ordinance, the brackets, bracketed
C�
and stricken material, and underscorinoL-
need not be included.
SECTION 14. Severahility. 11-any provision of this ordinance., or the application thereof
to any person or circumstance, Is held invalid. the invalidity does not affect other provisions or
applications ofthe ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 15. Hils ordinance shall take effect Lil-.)on its approval.
INITR ictf) BY:
COUNCIL COUNTY OF HAWAPI
I llawal* I
Date of Introduction:
Date of I st Reading:
Date of'2)nd Reading:
Effective Date:
REFERENCE Comm, 985 8