HomeMy WebLinkAboutBIL 024 Draft 02 2024-2026COUNTY OF HAWAII
r,TE 0K'Ni.:d
BILL NO. 24
(DRAFT 2)
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 purpose of these regulations is to provide a
comprehensive set of standards for the development of telecommunications facilities. The
regulations contained herein are designed to protect and promote public safety and community
welfare, while at the same time not unduly restricting the development of telecommunications
facilities.
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:
....
[Tole.,o ,-,,,,-,ieati s] Telecommunication antenna" means an antenna, [tower]
repeater, equipment, wireless or broadband -related infrastructure, and other accessory
structures [fer] used to transmit and receive radio frequency (RF) [ty-ansrnissions] signals
for communication purposes, including those intended for specific users who must have
special equipment for transmission and/or reception. [Also inel'„ e are br-e ,1eastin ] This
definition:
(1) Includes:
(A) Broadcasting facilities, such as low power television stations, regulated by
the Federal [C ff,., un ,a ] Communications Commission (FCC) under
Title 47 of the Code of Federal Regulations, [pal=] art 74[-dam
ineltides to power- television.ineluded a land eb le]•
s
(B) Land -mobile or two-way radio, and one-way radio paging service
broadcasting[. —Also eludeafe ndepen e-FA], and
(C) Independent receiving facilities which do not qualify as accessory uses[..
Nat ine-ludedzere portable, hand held ; and
(2) Does not include:
(A) Portable, handheld, and vehicular transceivers or radios; [ifidustrisl]
(B) Industrial, scientific, and medical equipment operating at frequencies
designated for that purpose by the Federal Communications Commission
(FCC); [mafketed]
(C) Marketed consumer products, such as microwave ovens, citizens band
radios, ham radios [and ,.-emote eefAr 1 toys;], or remote -controlled
devices; and [f e-ilities]
(D) Facilities solely for the [reeeiving] personal reception of these
transmissions, [ineludiiig individual] such as 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 new 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 telecommunication antennas and any related equipment,
shelters, or cabinets necessary for the operation of the 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 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.
4
(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+ b�ellrequired
� pwithin
pthe RS, nRD,
1RM, and RA districts. /�
[(l 1) Tell eofiltlll nieati V2i�afAe�d I o ef!s ill P S, RD, 1p' M, 1'1GX, ^I�TFA,
n !A and n d stfi is ]
[(l-2)](UI Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA,
V, CG, CV, MCX, ML, MG and O districts.
["](12) Wind energy facilities in the O district; provided that the property
is within the state land use agricultural district.
[{1-4}](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 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.
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, [ agei of with the initial ,,,.Aeon s and ther,-
,] at full build out inclusive
of all potential antennas and equipment, will [have a hard n,,,viv r li4y
uuvv
for sustained wind a a V , f e hung e mile r h ,..] meet the
J
requirements of the buildingcode;
(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 s• sty ems;
[(3)]t4) A statement from the Federal Aviation Administration that the
application has not been found to be a hazard to air navigation; []
[(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[...];
(6) Documentation demonstrating that the National Historic Preservation Act
of 1966 Section 106 review has been completed;
(7) A report indicating whether the facility could be co -located elsewhere
which shall include:
(A) Documentation of efforts to install, construct, or co -locate the
proposed facility on or within:
(i) Existing towers or feasible antenna support structures,
(ii) Sites that do not adversely impact significant public views such as
beaches shorelines oceans and natural areas-,
3
(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 unserved 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,
(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;
(8) Documentation of proactive efforts made to notify, meet with, inform,
and engage adjacent landowners and the affected communi1y regarding
the 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
(11) A visual impact analysis, which shall include:
Mitigation measures to minimize the visual impacts of the tower,
including a description of any vegetation to be used for such
purposes;
( Before and after photo simulations from various locations and/or
angles from which the public would typically view the site; and
( 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."
SECTION 6. Chapter 25, article 2, division 7, section 25-2-76, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-2-76. Action on plan approval application.
(a) The director may issue plan approval subject to conditions or changes in the
proposal which, in the director's opinion, are necessary to carry out and further
the purposes of this chapter and the considerations contained in section 25-2-77.
(b) The director may only issue plan approval for a telecommunication antenna
or tower if the proposed use meets all of the conditions contained in sections
25-2-77 and 25-4-12, and if the applicant provides all verification required
under section 25-2-74.
(c) The director may only issue plan approval for a temporary model home or
real estate office if the proposed use meets all of the conditions in section
25-2-77 and 25-4-8.
(d) The director shall render a decision to either approve or deny a plan approval
application, other than for an agricultural tourism facility [or], any special
district with adopted design guidelines and/or standards, or any
telecommunication antenna or tower, within thirty days after acceptance of
the application. If the director fails to render a decision within the thirty -day
period, the application shall be considered approved without further
certification by the director. In addition, the following specific provisions
shall apply:
W For an agricultural tourism facility, the department shall conduct a site
inspection prior to issuing plan approval within sixty days after
acceptance of the application. If the director fails to render a decision
within the sixty-day period, the application shall be considered
approved without further certification by the director.
Q For any plan approval application within a special district with adopted
design guidelines and/or standards, the director shall render a decision
to either approve or deny the plan approval application within forty-five
days after acceptance of the application. If the director fails to render a
decision within the forty-five day period, the application shall be
considered approved without further certification by the director.
For a telecommunication antenna or tower, the director shall render a
decision to either approve or deny the plan approval application within
sixth days after acceptance of the application, in accordance with
Hawaii Revised Statutes, Chapter 46-89. If the director fails to render
a decision within the time frame specified by Hawaii Revised Statutes,
Chapter 46-89, the application shall be considered approved without
further certification by the director."
SECTION 7. 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.
(a) A telecommunication antenna or tower shall be permitted in the VCN C
C�'�r ML, M4ad'1_] all zoning 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 teleeaffi ,.,,,.,;eats ,r
antenna or-tF, wer may be pefmitte•��S, RD,RAI RCX, RA, , FA, , A, !A,
,
equipment will be peffnitted provided the difeeter- has issued plan appfava"Of
Wise.] Co -location of antennas upon an existing, privately owned tower and
expansion of related support equipment within the project site is permitted
provided the director issued plan approval for the existing tower. The ground
lease areas of co -locating carriers must be adjacent to the existing ground lease
area and not located within the open yard setback areas, and the co -location
must not result in a `substantial change', as defined by the Federal
Communication Commission. Co -location that results in a `substantial change'
to the tower height or ground lease area, as defined by the Federal
Communication Commission, requires issuance of a new plan approval.
[(
felt
Oro f t f afi4e,,,,,, Of +,,Wef height.]
(b) Telecommunication facilities developed by government agencies primarily to
protect public health, safety, and welfare, including but not limited to
facilities for police, fire, ambulance, and other emergency dispatch services,
shall be exempt from the telecommunication antenna and tower requirements
provided in this chapter.
(c) The minimum lot size requirements for telecommunication towers are as
follows:
(1) The minimum lot size for the placement of any telecommunication tower
within the A, FA, IA and O zoning districts shall be five acres.
(2) The minimum lot size for the placement of any telecommunication tower
within a RS, RD, RM and RA zoning districts shall be one acre.
(3) No minimum lot size shall be required for the placement of
telecommunication towers within the V CN CG CV MCX ML MG
and CDH zoning districts.
The minimum lot size may be reduced, upon finding that the issuance of a
variance by the director will not result in adverse impacts, including but not
limited to noise, light, Aare, visual, drainage, or other detrimental effects to
adjacent properties.
(d) The minimum setbacks for telecommunication towers are as follows:
(1) Telecommunication towers shall be set back from any property line with
a minimum distance equal to one hundred and twenty percent of the
tower height as measured from the ground level.
(2) Telecommunication towers must be sited at least one thousand two
hundred feet from nearby residences and schools not on the subject
property.
(3) Telecommunication towers located within V, CN, CG, CV, MCX, ML,
MG and CDH zoning districts shall be exempt from the property line
setback requirements in section 25-4-12(d)(1).
(e) Fencing; and Safety Measures. Telecommunication towers must be enclosed
by fencing a minimum of six feet in heiyht, and towers must be equipped
with an anti -climbing device.
[{e-)](Df 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 thirty miles per hour.
(g) The telecommunication antennas and tower shall comply with all applicable
rules, regulations and requirements of the affected agencies, including the
Federal Aviation Administration and Federal Communications Commission.
All exterior lighting, except safety beacons required by the FAA, shall be
shielded to minimize impacts to migrating seabirds.
(h) To enhance wildfire detection and response capabilities, telecommunication
towers located in areas identified as high -risk for wildfire activity maw
required to provide space for a surveillance camera system designed to monitor
and detect wildfire activity as a condition of final plan approval. High -risk
wildfire activity areas shall be determined by the director in consultation with
any relevant federal, state, and county emergency service agencies.
(i) Should any state or federally listed or endangered species be found on the
subject property, the gpplicant shall comply with all applicable requirements of
Department of Land and Natural Resources -Division of Forestry and Wildlife
and/or the United States Fish and Wildlife Service.
(i) Within one hundred twenty days of the permanent abandonment of the tower,
the applicant shall remove the tower and its antenna and accessory structures
(includingtquipment building and the fence), down to, but not including
the concrete foundation. The applicant shall immediately provide written
notification to the director of the termination of the telecommunication tower
and related improvements and the removal of all structures.
(k) The director maw require any conditions or changes in the location and design
of telecommunication antennas and towers necessary to carry out the purposes
of this chapter and the natural beauty chapter of the general plan. These
conditions or changes may include but not be limited to requiring stealth design
(e.g., monopine, monopalm) in order to reduce visual impacts to surrounding
properties. If the proposed site is located within an area of natural beautybeqgty as
designated by the general plan or is located along a roadway, bikeway, trail, or
park used by the public, the director may require an on -site or off -site
relocation of the telecommunication tower to mitigate visual impacts."
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 repealing each paragraph reading "Telecommunication
antennas and towers." in the respective subsection (b) thereof and appropriately renumbering all
subsequent paragraphs.
7
SECTION 9. 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 antenna and towers, as
permitted under section 25-4-12." and by appropriately renumbering all subsequent paragraphs.
SECTION 10. 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) Apiaries.
(5) Aquaculture.
(6) Cemeteries, as permitted under chapter 6, article 1 of this Code.
(7) Crop production.
(8) Farm dwellings, as permitted under sections 25-5-87(b) and (c).
(9) Forestry.
(10) 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.
(11) Public uses and structures which are necessary for agricultural practices.
(12) Telecommunication antennas and towers, as permitted under section 25-4-12.
[(1-2-)]�U3 Utility substations, as permitted under section 25-4-11.
[(b) The f-0110 i ay be pefmit4ed in the !A distr-iet, provided that a use
(l) —Teleeemmunieatien tennas and te-wefs]
[{�}] The following uses may be permitted in the IA districts, provided that
a special permit is obtained for such use:
(12) Crematoriums, funeral homes, funeral services, and mortuaries.
(13) Churches, temples, or synagogues.
(14) Community buildings as permitted under section 25-4-11.
(15) Day care centers.
(16) Hospitals.
(17) Public uses and structures, other than those necessary for
agricultural purposes, as permitted under section 25-4-11.
(18) Uses other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised
Statutes.
[(d)]U 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.
[(O]o 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 11. Chapter 25, article 5, division 16, section 25-5-162, of the Hawaii
County Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-5-162. Permitted uses.
(a) The following uses shall be permitted in the O district:
(1) Aquaculture activities and facilities.
(2) Apiaries.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Existing churches and temples of historical significance.
(6) Forestry.
(7) Game preserves.
(8) Growing of plants provided such growth does not impair a view intended
to be preserved in the O district.
(9) Heiaus, historical areas, structures, and monuments.
(10) Natural features, phenomena, and vistas as tourist attractions.
(11) Private recreational uses involving no aboveground structure except
dressing rooms and comfort stations.
(12) Public parks.
(13) Public uses and structures, as permitted under section 25-4-11.
(14) Telecommunication antennas and towers, as permitted under section 25-4-12.
["] 15 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.
rr-S
(c) Uses considered directly accessory to the uses permitted in this section shall also be
permitted in the O district."
M
SECTION 12. 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 Hawaii
County Code 1983 (2016 Edition, as amended) is amended by striking "Telecommunication
antennas, as permitted under section 25-4-12." and inserting "Telecommunication antennas and
towers, as permitted under section 25-4-12." in lieu thereof.
SECTION 13. Chapter 25, article 5, division 13, section 25-5-132 of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended by striking "Telecommunications
antennas, as permitted under section 25-4-12." and inserting "Telecommunication antennas and
towers, as permitted under section 25-4-12." in lieu thereof.
SECTION 14. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 15. 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 16. This ordinance shall take effect upon approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm 110.9
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
IN