HomeMy WebLinkAboutBIL 291 Draft 02 2008-2010OFFICE INFORMATION ONLY
Meeting: Council —July 22, 2011
Action: Withdrawn by introducer on the floor
Re: Bill 291 (C-925) (2008-2010); HSSPSC-1 (2010-2012)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 291
(DRAFT 2)
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 Hawaii 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 Hawaii 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 Hawaii Authority; and
- Ten (10) in Kohala, of which eight are coastal sirens from Puak6 to Niuli`i.
However, residential and tourist -populated areas such as Hualalai/Kuki`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, Hawaii 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:
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
(22) 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 Hawaii State Outdoor Siren Warning System-,
(2) Approve the compliance of the tsunami siren utilizing standards and
specifications as provided by the Hawaii 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 agent.
(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 Hawaii 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.
INTRODUCED BY:
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
WLRENCF. Comm. 925.2