HomeMy WebLinkAboutBIL 194 Draft 01 2022-2024AN 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 Hawai‘i
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 Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by amending the definition of “Telecommunications antenna” in
subsection (b) to read as follows:
““[Telecommunications] Telecommunication antenna” means an antenna, [tower and] 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 [Communication] Communications Commission (FCC) under [the] Title 47 of the Code of Federal Regulations[, par. 74,
which includes low power 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 Hawai‘i 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 Hawai‘i 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 O 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 O 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.
[(11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and O districts.]
[(12)] (11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts.
[(13)] (12) Wind energy facilities in the O district; provided that the property is within the state land use agricultural district.
[(14)] (13) 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 Hawai‘i 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)] (3) 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)] (4) 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 statement from the Federal Communications Commission that the application complies with the regulations of the Commission or a statement that no such compliance is necessary.]
A report prepared by a person who is licensed in the State of Hawai‘i 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 Hawai‘i;
(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 Hawai‘i as a professional
electrical engineer;
(7) A fire safety plan that meets the requirements of the Hawai‘i 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 Hawai‘i fire department for fire suppression purposes to be kept in force until the abandonment or discontinuance of the proposed
use; and
(C) An executed agreement between the applicant and the Hawai‘i 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 by the 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 Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows:
“Section 25-4-12. Telecommunication antennas or towers.
(a) [A telecommunication antenna or tower shall be permitted in the V, CN, CG, CV, MCX, ML, MG and CDH districts; provided that the antenna, tower, and its use are not hazardous or dangerous
to the surrounding area and the director has issued plan approval for such use. A telecommunication antenna or tower may be permitted in the RS, RD, RM, RCX, RA, FA, A, IA, and O districts
if a use permit is obtained for such use. Where there is an existing telecommunication tower, co-location of additional antenna or equipment will be permitted provided the director
has issued plan approval for such use.] A telecommunication antenna or tower, including any co-location of a new antenna upon an existing tower, shall be permitted in any zoning district,
provided that the director has issued plan approval for such use.
(b) [The minimum setbacks for a telecommunication antenna and tower are as follows:
(1) Freestanding antennas and towers shall be set back from every property line a minimum of one foot for every five feet of antenna or tower height.
(2) Telecommunication antennas and towers supported by guy wires shall be set back from every property line a minimum of one foot for every one foot of antenna or tower height.]
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.
(f) 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:
(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) Signage 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, such signage 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.
(l) 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 Hawai‘i 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 Hawai‘i 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 Hawai‘i 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.
[(11)] (12) Utility substations, as permitted under 25-4-11.
[(b) The following uses may be permitted in the IA district, provided that a use permit is obtained for such use:
(1) Telecommunication antennas and towers.
(c)] (b) 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, Hawai‘i Revised Statutes.
[(d)] (c) 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)] (d) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the IA district.
[(f)] (e) 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 10. Chapter 25, article 5, division 16, section 25-5-162 of the Hawai‘i 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 1 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.
[(13)] (14) 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
within the state land use agricultural district unless approved by the County before July 1, 2005.
(3) Yacht harbors and boating facilities; provided that the use, in its entirety, is compatible with the stated purpose of the O district.
(4) Wind energy facilities; provided that the property is within the state land use agricultural district.
[(5) Telecommunication antennas.]”
SECTION 11. Chapter 25, article 5, division 9, section 25-5-92, division 10, section 25-5-102, division 11, section 25-5-112, 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 of the Hawai‘i County Code 1983 (2016 Edition, as amended) are amended by striking “Telecommunication antennas,”
and inserting “Telecommunication antennas and towers,” in lieu thereof.
SECTION 12. Chapter 25, article 5, division 13, section 25-5-132 of the Hawai‘i 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
and stricken material, and underscoring need not be included.
SECTION 14. Severability. If 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 of the 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. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: