HomeMy WebLinkAboutCOM 0110.006 2024-2026Ashley L. Kierkiewicz
Council Member
District 4 Puna
Office: (808) 961-8265
Fax: (808) 961-8912
ashley. kierkiewicz@hawaiicounty.gov
HAWAI`I COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street • Hilo, Hawaii 96720
TO: Dr. Holeka Goro Inaba, Council Chair
and Members of the Hawaii County Council
FROM: I { -*Ashley L. Kierkiewicz, Council Member
DATE: February 18, 2025
SUBJECT: Proposed Amendments to Bill No. 24; an Ordinance Amending Chapter 25,
Articles 1, 2, 4, 5, and 7, of the Hawaii County Code 1983 (2016 Edition, as
Amended), Relating to Telecommunication Antennas and Towers.
Transmitted herewith are proposed amendments to Bill No. 24. The proposed amendments are
shown below in Ramseyer format with respect to the contents of Bill No. 24; material to be
deleted is bracketed and stricken, and material to be inserted is underscored.
SECTION 2 of Bill No. 24, which amends chapter 25, article 1, section 25-1-5 of the Hawaii
County Code 1983 (2016 Edition, as amended) by amending the definition of
"Telecommunications antenna", is amended to read as follows:
""Telecommunication antenna" means an antenna, [tewer] repeater, equipment,
wireless or broadband -related infrastructure and other accessory structures [f6f] used to
transmit and receive radio frequency (RF) [tr-ansmiss ] signals for communication
purposes, includingthose hose intended for specific users who must have special equipment for
transmission and/or reception. [Also l so i lu e,l afe b fe,,, casting] This definition:
(1) Includes:
(A) Broadcasting facilities, such as low power television stations, regulated by
the Federal [r,,..V,,,,,,.,iea eri] Communications Commission (FCC) under
Title 47 of the Code of Federal Regulations, [ ] part 74[, wwhie
ineludes low powef television. hiel„aefl a e land Fflob le].
i
(B) Land -mobile or two-way radio, and one-way radio paging service
broadcasting[. Also ineluded . independent], and
(C) Independent receiving facilities which do not qualify as accessory uses[..
Notific-luded are peftabl�]; and
(2) Does not include:
T (A) Portable, handheld, and vehicular transceivers or radios; [iftdustri-al]
Comm. ® 11
Hawai `i County is an Equal Opportunity Provider and Employer Ref. To:
Ref. Date "NES 18 �.
(B) Industrial, scientific, and medical equipment operating at frequencies
designated for that purpose by the Federal Communications Commission
(FCC); [maw]
(C) Marketed consumer products, such as microwave ovens, citizens band
radios, ham radios [and ,.oY ate eentfol to fl or remote -controlled
devices; and [€ae-il-ities]
(D) Facilities solely for the [receiving] personal reception of these
transmissions, [ificluding indi l] such as radio and television
appliances."
2. Bill No. 24 is amended by adding a section to be designated and inserted as SECTION 3 that
amends chapter 25, article 1, section 25-1-5 of the Hawaii County Code 1983 (2016 Edition,
as amended) by adding a definition in subsection (b) thereof 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 telecommunication antennas and any related equipment, shelters, or
cabinets necessary for the operation of the antennas."
3. SECTION 3 of Bill No. 24 is renumbered as SECTION 4.
4. SECTION 4 of Bill No. 24, which amends chapter 25, article 2, division 7, section 25-2-74,
of the Hawaii County Code 1983 (2016 Edition, as amended), is renumbered as SECTION
and amended to read as follows:
"Section 25-2-74. Plan approval application requirements for
telecommunication antennas.
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 on the building site of the proposed antenna or
tower;
(2) Building plans for the tower, certified by a licensed structural engineer,
verifying that the tower, at full build out inclusive of all potential antennas and
equipment, will [have ., h.,,.a stRs ,,bilit„ for- sustained winds f one r,,,,,a .oa
thifty miles pe f h,,,,,.;] meet the requirements of the buildingcode;
ode;
(3) A statement from the applicant that the proposed use will not interfere with the
County's land mobile radio system and other public emergency communications
systems;
[(3)] (4) A statement from the Federal Aviation Administration that the
application has not been found to be a hazard to air navigation;
2
[(4)] (�D 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;
[(5)] & Documentation demonstrating that the National Historic Preservation Act
of 1966 Section 106 review has been completed;
[(g)] (D A report indicating whether the facility could be co -located elsewhere[..
The fepert], which shall include:
(A) [
existing] Documentation of efforts to install construct or co -locate the
proposed facility on or within:
(i) Existing towers or feasible antenna support structures [ hav-e-
m-ade]i
(ii) Sites that do not adversely impact significant public views, such as
beaches shorelines oceans and natural areas-
(ii) Industrial or commercial zoning districts;
(iii) Locations that are not highly visible from adjacent roadways, public
spaces, parks, schools, greenbelts, or other visually sensitive areas;
and
(iv) Areas unnerved or underserved with respect to broadband access and
infrastructure,
(B) A map showing the sites that have been investigated with a detailed
analysis on how those sites are inadequate and how the site selected is the
least obtrusive;
(C) Maps showing the coverage areas of existing towers within a two mile
radius [] of the proposed tower;
(D) A letter from the nearby tower owners indicating the tower is not feasible
for co -locating antennas; [ate]
(E) A statement that the wireless telecommunications provider commits to
allow a minimum of two other wireless telecommunications providers to
co -locate antennas on its proposed tower facilities wherever structurally
and technically feasible[...], and
(F) A statement providing the reason for the location, design, and height of the
proposed tower or antennas;
[(7) A statement pfeviding the feasons fef the laea4ion, design, a -Rd height of the
(8) Documentation of proactive efforts made to notify, meet with [the], inform, and
engage adjacent landowners [antes] and the affected community regarding the
[developmen4; and] proposed use;
(9) Documentation of an access easement to the building site in favor of the
Hawaii fire department for fire suppression purposes;
(10) A maintenance plan detailing; how the safety, functionality, and service of the
proposed use will be maintained until the use is discontinued; and
[(8)] CUI A visual impact analysis, which shall include:
(A) Mitigation measures to minimize the visual impacts of the tower[;],
including a description of anyvegetation to be used for such purposes;
(B) Before and after photo simulations from various locations and/or angles
from which the public would typically view the site; and
(C) A map depicting where the photos were taken.
The visual impact analysis shall demonstrate that less intrusive sites are
not available or do not provide the necessary communication coverage to
provide the service. The director may request the submission of additional
materials, including but not limited to photo overlays, scaled models,
renderings, or field mock-ups, to evaluate potential visual impacts. These
materials should address appropriate coloration, blending, and stealth design
(e.g., monopine, monopalm) to harmonize the facility with the surrounding
area."
5. SECTIONS 5 through 15, inclusive, of Bill No. 24 are renumbered as SECTIONS 6
through 16, respectively.
A copy of the new draft of this bill that would result if these proposed amendments were adopted
is not attached.
Mahalo nui.
IM
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