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Home My WebLink AboutCOM 0925.001 2008-2010 Pete Hoffmann ' ' ' Phone No. Hilo: (808) 961 -8027 Councilman v °.• k +.; Phone No Waimea: (808) 887 -2043 District 9 - North and South Kohala :> " ,�sy �'�� '�� Fax No.: (808) 887 - 2072 ''�� % "= '.'r�•Is E Mail: poffmann@co.hawaii.hi.us - .N=-='==4• N _ y1 CW • HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building Holomua Center 25 Aupuni Street 64 -1067 Mamalahoa Highway, ,Suite C -5 Hilo, Hawai`i 96720 Waimea, Hawaii 96743 r �' Crj TO: J Yoshimoto, Chair and Members of the Hawai`i County Council FROM: Pete Hoffmann, Council Member 1, \ I'l". 3 . 5 al y __ Date: September 7, 2010 Ar Subject: Proposed Amendments to Bill 291; Relating to Tsunami Sirens Please find attached proposed amendments to Bill 291. The proposed amendments are to the section of the bill titled "Tsunami siren compatibility; approval by civil defense agency." The amendments are illustrated below via Ramseyer format with respect to the contents of Bill 291 (material to be deleted is bracketed and stricken through, material to be added is underscored), and read as follows: "Section 25 -4 -_. Tsunami siren compatibility; approval by civil defense agency. (a) The director shall submit the applicant's plans to the civil defense agency, which shall: (1) Approve the compliance of the tsunami siren in terms of location, support construction, and any detail related to the safe and efficient ability of the siren to be fully integrated into the [ :. • • • - - - - -;] Hawai`i State Outdoor Siren Warning System; (2) Approve the compliance of the tsunami siren utilizing standards and specifications as provided by the • . • : - . ! - . : • -- . - • Administration;] Hawai`i State Civil Defense; and (3) Submit an official approval document to the planning department stating that the applicant's plans include a tsunami siren that will meet the requirements of this section. (b) The director shall not issue plan approval until receipt of the approval document from the civil defense agency. (c) After the tsunami siren has been installed and its operability is confirmed, it shall be dedicated to the County pursuant to chapter 2, article 30, section 2 -162.1 of this Code. Q r Coma, No. - Io - • Ref. To Serving the Interests of the People of Our Island Ref. Pate S P 18 2S Hawai`i County Is An Equal Opportunity Provider And Employer September 7, 2010 Page 2 of 2 (d) The applicant shall provide to the County and State of Hawai`i easement or access, or both, to the siren for the purpose of repair and maintenance." A draft copy of Bill 291, Draft 2, is attached with these amendments incorporated. Thank you. PH /dh att. AN ORDINANCE AMENDING CHAPTER 25 (ZONING), ARTICLE 4, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW DIVISION RELATING TO TSUNAMI SIRENS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and purpose. The Council recognizes that tsunamis are a real threat to lives and property in coastal areas. The County of Hawai`i is particularly sensitive to this type of threat, with an unfortunate legacy in terms of tsunami disasters in 1946 and 1960. The December 26, 2004, Indian Ocean earthquake generated one of the deadliest tsunamis in modern history and erased communities along the coastlines of India, Sri Lanka, Thailand, and Indonesia, killing over 230,000 people. Had a tsunami warning system been in place, many lives would likely have been saved. A recent tsunami threat in the early morning of February 27, 2010, reminded residents that tsunamis are indeed a reality. It is critical not only to prepare for evacuation in a safe and orderly manner, but also to receive adequate and timely warning of this potential disaster. At this time, there are 71 tsunami sirens in Hawai`i County: - Six (6) along the Hamakua Coast; - Sixteen (16) along the Hilo coast and within Hilo, from Hakalau to Leleiwi; - Fifteen (15) in the Puna area, from Kea'au to Kaimu; - Eight (8) along the southern coast, from Pahala to Miloli`i; - Sixteen (16) along the Kona coast, from Pu'uhonua o Honaunau to the Natural Energy Lab of Hawai`i Authority; and - Ten (10) in Kohala, of which eight are coastal sirens from Puako to Niuli`i. However, residential and tourist - populated areas such as Hualalai /Ktiki`o, Waikoloa Beach, and Mauna Lani Beach do not have tsunami sirens. The purpose of this ordinance is to ensure that any coastal development meeting the parameters of this ordinance that has not received plan approval prior to the enactment of this ordinance will include a tsunami siren in its design and construction. SECTION 2. Chapter 25, article 4, Hawai`i County Code 1983 (2005 Edition, as amended), is amended by adding a new division to be appropriately designated and to read as follows: "Division . Tsunami Sirens. Section 25 -4- . Definitions. "Tsunami siren" means a noisemaking mechanical or electronic device, generating sound to provide warning of approaching danger. The tsunami siren is one type of tsunami warning system, and is linked to the civil defense system, activated by the County's civil defense system or by neighboring tsunami warning centers, in case of a potential life - threatening tsunami. Section 25 -4- . Applicability. This division shall apply only to applications for plan approval: (1) Where the building site will be located within the tsunami evacuation zone and will be outside of a one -mile radius of a tsunami siren; and (2) That will either create the capacity to host residential or commercial activities to include more than fifty persons at any one time or expand the existing capacity so that the aggregate residential or commercial activities within the area described in (1) above will exceed more than fifty persons at any one time. Section 25 -4- . Tsunami siren required; exemption. (a) Prior to plan approval, the director shall require that any proposed development meeting the criteria under section 25 -4- shall include a tsunami siren within its design. (b) Applications for plan approval shall be exempt from this division if there is a tsunami siren within a one -mile radius of the building site. The applicant shall bear the burden of proof that there is a tsunami siren within a one -mile radius of the building site. Section 25 -4- . Tsunami siren compatibility; approval by civil defense agency. (a) The director shall submit the applicant's plans to the civil defense agency, which shall: (1) Approve the compliance of the tsunami siren in terms of location, support construction, and any detail related to the safe and efficient ability of the siren to be fully integrated into the Hawai`i State Outdoor Siren Warning System; (2) Approve the compliance of the tsunami siren utilizing standards and specifications as provided by the Hawai`i State Civil Defense; and (3) Submit an official approval document to the planning department stating that the applicant's plans include a tsunami siren that will meet the requirements of this section. (b) The director shall not issue plan approval until receipt of the approval document from the civil defense agency. (c) After the tsunami siren has been installed and its operability is confirmed, it shall be dedicated to the County pursuant to chapter 2, article 30, section 2 -162.1 of this Code. (d) The applicant shall provide to the County and State of Hawai`i easement or access, or both, to the siren for the purpose of repair and maintenance." SECTION 3. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall 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 declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. 2