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HomeMy WebLinkAboutORD 2012-151 2010-2012COUNTY OF HAWAII STATE OF HAWAII ORDINANCE NO. 12 151 BILL NO. 292 AN ORDINANCE AMENDING CHAPTER 14, GENERAL WELFARE, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO GEOTHERMAL DRILLING. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14, Hawai`i County Code 1983 (2005 Edition, as amended), is amended by adding a new article to be appropriately designated and to read as follows: " Article _. Geothermal Drilling. Section 14- . Definitions. For the purposes of this article, the following words and phrases, unless the context otherwise requires, shall be defined as indicated: "residence" means a building or a part thereof permitted and designed for or used for a home. "one mile" means the measurement made from the well bore, in a straight line, without regard to intervening structures or objects, to the property line of the nearest residence. Section 14- . Restrictions. Geothermal resources exploration drilling and geothermal production drilling operations being conducted one mile or less from a residence, shall be restricted to the operating hours of 7:00 a.m. — 7:00 p.m." SECTION 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such 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 to be severable. SECTION 3. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 4. This ordinance shall take effect upon its approval. Hilo , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Coma 825 INTRODUCED BY: COUNCIL MEMBER, October 3, 2012 October 3, 2012 November 9, 2012 December 5, 2012 2 Y OF HAWAI`I OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo, Hawaii Introduced By: Dominic Yagong Date Introduced: October 3 , 2012 First Reading: October 3 , 2012 Published: October 13 , 2012 REMARKS: Postponed - October 17, 2012 pending public hearing Public Hearing - November 2, 2012 Second Reading: November 9, 2012 To Mayor: November 20 , 2012 Returned: December 5, 2012 Effective: December 5, 2012 Published: December 14, 2012 REMARKS: 2. PO ROLL CALL VOTE AYES NOES ABS EX Blas X X Ford X Hoffmann X Ikeda X X Onishi X X Pilago X Smart X Yagong X Yoshimoto X X 8 1 0 0 ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 5 2 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the indicated above. APPROVED AS TO FORM DEPUT OR ION COUNSEL COUNTY OF HAWAII Date NOV 2 7 2012 (Approved/Disap roved this day MAYOR, COUNTY OF ' AI `I City Council published as COUNCIL CHAIRPER OUNTY CLERK Bill No.: Reference: Ord No.: 292 C- 825 /AWESC -5 12 151