HomeMy WebLinkAboutCOM 0110.117 2024-2026 •
Ashley L.Kierkiewicz �;��`sx1°`••`'++x;;' Office: (808)961-8265
Council Member • • "', b14; `', Fax:(808)961-8912
District 4 Puna *: ,: �•*; ashley.kierkiewicz@hawaiicounty.gov
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HAWAI`I COUNTY COUNCIL
Hawai`i County Building
25 Aupuni Street • Hilo,Hawai`i 96720
CD 4D
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DATE: May 20, 2025
TO: Dr. Holeka Goro Inaba, Council Chair - -
and Members of the Hawai`i County Council t/
FROM: Ashley L. Kierkiewicz, Council Member
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SUBJECT: Proposed Amendments to Bill No. 24, Draft 4; 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.
Transmitted herewith are proposed amendments to Bill No. 24,Draft 4. The amendments are
shown below in Ramseyer format with respect to the content of Bill No. 24, Draft 4; material to
be deleted is bracketed and stricken, and material to be inserted is underscored.
1. SECTION 2 of Bill No. 24, Draft 4,which amends chapter 25, article 1, section 25-1-5, of
the Hawai`i County Code 1983 (2016 Edition, as amended)by amending the definition of
"Telecommunications antenna" in subsection(b), is amended by amending paragraph(2)to
read as follows:
"(2) Does not include:
(A) Portable,handheld, and vehicular transceivers or radios;
(B) Industrial, scientific, and medical equipment operating at frequencies
designated for that purpose by the Federal Communications Commission
(FCC);
(C) Marketed consumer products, such as microwave ovens, citizens band radios,
ham radios, or remote-controlled devices; [and]
(D) Facilities solely for the personal reception of these transmissions, such as
radio and television appliances[.-]; and
fE) Small wireless facilities, as defined by the Hawai`i Revised Statutes, section
206N-1."
Comm. •. • o•
Ref.To: M11.[O
Ref. Date AY 2 0 2025
Hawai`i County is'an Equal Opportunity Provider and Employer
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2. SECTION 5 of Bill No. 24,Draft 4,which amends chapter 25, article 2, division 7, section
25-2-74, of the Hawai`i County Code 1983 (2016 Edition, as amended), is,amended by
amending the following language of the section to read as follows:
"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 a submittal checklist consistent with this section and shall contain the following
information:"
3. SECTION 5 of Bill No. 24, Draft 4, is further amended by adding a new paragraph to be
appropriately inserted and to read as follows:
"(9) Verification that the applicant has sent notification letters to all owners and
lessees of record of properties of which any portion is within five hundred feet
of any point along the perimeter boundary of the building site for the proposed
telecommunication installation; provided that the notification letters must:
(A) Describe the nature of the proposed installation, including its dimensions
and location on the building site; and
(B) Provide the anticipated timeline for construction:"
4. SECTION 5 of Bill No. 24, Draft 4, is further amended by renumbering paragraphs (9)
through(11), inclusive, as paragraphs (10)through(12),respectively.
5. SECTION 7 of Bill No. 24, Draft 4,which amends chapter 25, article 4, division 1, section
25-4-12, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by
amending subsection(a)to read as follows:
"(a) A telecommunication antenna or tower shall be permitted in 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. 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 or other relevant approval for the existing tower[.-],base station, or
other antenna support structure. 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 .] in Title 47 of the Code of
Federal Regulations, section 1.6100. 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."
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6. SECTION 7 of Bill No. 24,Draft 4,is further amended by amending subsection(f)to read as
follows:
"(1) The tower,together with the initial antennas or other equipment proposed to be
installed thereon, shall:
(1) Comply with the building code; and
(2) [Re] Where feasible,be equipped with:
(A) A redundant power supply capable of providing sufficient power for no
less than twenty-four hours; and
(B) [Where feasible, secondary] Secondary data transmission capabilities
that can support mass notification messaging during a disaster."
A copy of the new draft of this bill that would result if these proposed amendments were adopted
is not attached, due to the limited scope of the amendments.
Mahalo nui.
AK:kj
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