Loading...
HomeMy WebLinkAbout2024-10-30 Debra Greene Testimony Bill 194 From:Debra Greene To:WPCtestimony Subject:Support Bill 194 Date:Wednesday, October 30, 2024 12:06:42 PM Attachments:Comparison between Bill 194 and Planning Bill .docx Aloha WPC Committee Members, To the best of our ability we believe the attached document represents an accurate comparison between the two bills and shows how the Council Bill 194 is a far superior representation of what the people want and deserve. The needs of the people are best served when their elected officials enact legislation. Sincerely, Debra __________________________________ Debra Greene, PhD Founding Director Safe Tech Hawaii PHONE: 808-874-6441 WEBSITE: www.SafeTechHawaii.com Sent from my faster, safer, more secure HARDWIRED computer Comparison of Bill 194 and Planning’s Bill for Cell Tower Plan Approvals (Note: new provisions / changes to code are underlined yet often paraphrased) Bill 194 Planning’s Bill Section 25-2-74(1) requires a plot plan showing Section 25-2-74(1) requires a plot plan showing the location of the proposed antenna or tower location on the building site of the proposed and all buildings and uses within three hundred antenna or tower. feet thereof. Section 25-2-74(2) requires an elevation Section 25-2-74(7) requires a statement drawing of the building site showing height providing the reasons for the location, design comparisons of all existing structures on and height of the of the proposed tower or building site the adjacent landowners regarding plan. Section 25-2-74(3) requires building plans for Section 25-2-74(2) requires building plans for the engineer, stating the maximum load of the engineer, will have a hard survivability of 130 tower, will have hard survivability of 100 miles miles per hour. per hour, or the applicable standard set forth in the current building code, whichever is greater. Section 25-2-74(5) Removes a provision Section 25-2-74(3) Keeps the original provision requiring a statement from the Federal requiring a statement from the Federal Communications Commission that the Communications Commission that the application complies with the regulations and application complies with the regulations and that no such compliance is necessary and that no such compliance is necessary. replaces that with requiring a report prepared by a person who is licensed in the State of Hawai‘i as a professional electrical engineer certifying that the proposed use complies with all applicable standards and regulations, including those related to radio frequency emissions, of the Federal Communications Commission and the State of Hawai‘i Section 25-2-74(6) requires electrical drawings Has no such provision. equipment, prepared, designed and stamped by a person who is licensed in the State of Hawai‘i as a professional electrical engineer. Bill 194Planning’s Bill Section 25-2-74(7) Section 25-4-12(h) says that to enhance that meets the requirements of the Hawaii Fire Department and includes a description of the -risk vegetation to be used for screening, an access easement to the building site in favor of the for a surveillance camera system designed to Hawaimonitor a purposes, and an executed agreement Final Plan Approval. High- between applicant and the Hawaii Fire Dept to shall be determined by the director on allow for the installation, maintenance, and consultation with any relevant federal, state, remote access of monitoring equipment on the and county emergency service agencies. building site. Section 25-2-74(8) requires a statement from Has no such provision. the State department of health regarding compliance with applicable standards for noise levels. Section 25-2-74(9) requires a statement from Has no such provision. the applicant that the proposed use will not interfere with the County’s land mobile radio system and other public emergency communication systems. Section 25-2-74(9) requires documentation of Section 25-2-74(6) requires a report indicating: -locate a statement from the applicant that diligent yet the proposed use in accordance with the order unsu- of priority set forth in section 25-4-12(g): “No locate antenna on existing towers or structures telecommunication antenna may produce at have been made, a map showing those site any time power densities or radio frequency with analysis on how those sites are exposure levels that exceed the current inadequate and how the site selected is the standards of the Federal Communications least obtrusive, maps showing the coverage Commission regarding radio frequency areas of existing towers within a 2 mile radius emissions applicable to the proposed use.” of proposed tower, a letter from nearby tower owners indicating that the tower is not feasible for co-location, a statement from the wireless communication provider committing to allow a minimum of two other wireless telecommunications providers to co-locate on proposed tower if feasible. Has no such provision. Section 25-4-12(a) states that 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 Co-location that results in a ‘substantial change’ to the tower height or ground lease issuance of a new plan approval. Section 25-2-74(12) requires a statement that a Has no such provision. geotechnical analysis of the soil conditions adequate to assure the stability of the proposed antenna or tower. Section 25-2-74(13)requires a maintenance Has no such provision. plan in accordance with industry standards. Section 25-2-74(14) requires acopy of all Has no such provision. required licenses issued by the Federal Communications Commission applicable to the proposed use. Section 25-2-74(15) requires a declaration that Has no such provision. Planning contents the proposed use will be operational within two redundancy; two year deadline already years of the date of the plan approval. required for all Planning approvals. Section 25-2-74(16) A description of all lighting Section 25-4-12(g) The telecommunication antenna or tower shall comply with all used in connection with the proposed use, cted agencies, including a statement explaining how the including the FAA and FCC. All exterior lighting, except safety beacons required by the FAA, shall be shielded to protect migrating birds. Section 25-4-12(d)requires that Section 25-4-12(d)(2) requires that telecommunication antenna or tower shall not telecommunication towers must be sited at be permitted within one thousand feet of any least 1,200 feet from nearby residences and property line of any hospital, school, or schools not on the subject property. residential district. Has no such provision, other than the same Section 25-4-12(d)(3) states that 120% of tower height property line setback telecommunication towers located within V, requirement. districts shall be exempt from the property line setbacks requirements stated in Section 25-4- (d)(1):” Telecommunication towers shall be set back from every property line no less than one hundred and twenty percent of tower height.” Bill 194Planning’s Bill Section 25-4-12(f) states that the director may Has no such provision. engage a private consultant to inspect and determine whether the proposed use violates any applicable standard of the Federal Communications Commission, with a pause on the two year project completion deadline during such consultation. Section 25-4-12(g) requires that no Has no such provision. telecommunication antenna may produce at any time power densities or radio frequency exposure levels that exceed the current standards of the Federal Communications Commission regarding radio frequency emissions applicable to the proposed use. Section 25-4-12(h) requires an order of priority Has no such provision. for location of telecommunication antennas or towers to be 1) On building sites with existing telecommunication antennas or towers, 2) On lands, and 4) Section 25-4-12(i) requires that the design of Has no such provision. the telecommunication tower shall include: tower and all associated equipment shall be of non--materials, shielded and surge-protected against electrical isplays the owner of the antenna or tower, information by which the and a telephone number for the owner or the owner’s representative with responsibility for the antenna or tower, and except that where no public road borders the subject property, such signage shall be posted at or near all property boundaries adjacent to properties not owned by the owner of the building site. Bill 194Planning’s Bill Section 25-4-12(j) requires that all electrical 25-4-12(e) requires that telecommunication support equipment shall be screened from towers must be enclosed by fencing a public view in cabinets, boxes, or other similar minimum of 6 feet in height, and towers must structures; provided that, where practicable, be equipped with an anti-climbing device. all electrical support equipment shall be located and secured underground. Section 25-4-12(k) requires that No outdoor No such provision is required. storage facilities or structures related to the proposed use may be kept or maintained on the building site, except during the period of construction or to provide power to the antenna or tower on an emergency basis. Section 25-4-12(l) requires that The applicant No such provision is required. shall provide proof of a public liability insurance policy in an amount determined by abandonment of the subject use. Has no such provision. Section 25-2-74(8) requires a visual impact analysis that includes: a) mitigation measures before and after photo simulations from various locations and angles from which the public would typically view the site and c. a map depicting where the photos where “taken”. Has no such provision. Section 25-4-12(b) states that telecommunication facilities developed by government agencies primarilyto protect public health, safety, and welfare, including but ambulance, and other emergency dispatch services shall be exempt from the telecommunication tower requirements outlined in this chapter. Has no such provison Section 25-4-12(c) states that the minimum lot telecommunication tower within the A, FA, IA, . For ll be 1 acre. placement of towers within the V, CN, CG, director will not result in adverse impacts, including but not limited to noise, light, glare, to adjacent property. Has no such provision. Section 25-4-12(i) states that should any state or federally listed endangered species be found on the subject property, the applicant shall comply with all applicable requirements the Department of Land and Natural Resources- Division of Forestry and Wildlife and/or the United States Fish and Wildlife Service. Has no such provision. Section 25-4-12(k) states that the director may require any conditions or changes in the location and design of the telecommunication antennas and towers which, in the director’s opinion, are necessary to cassry out the purposes of this chapter and the considerations of 25-2-74, 25-2-77, and the natural beauty chapter of the General Plan. This can include but is not limited to requiring stealth design. If the proposed site is located within an area of the natural beauty 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 -site location of the telecommunication