(a) After July 1, 2005,* any private person or entity desiring to locate a telecommunications facility on city property shall submit an application for a lease to the department on a form prescribed by the department. The application shall include conceptual plans and specifications for the proposed facility, specifically setting forth:
(1) The proposed height and area of the various components of the facility, including the proposed location of any cables, wires, and conduits to serve the facility; and
(2) The proposed methods and treatments to be used to minimize the visual impacts of the proposed telecommunications facility to the greatest practicable extent.
(b) The department shall consult with the city department or agency currently using the property to determine whether the proposed telecommunications facility would unduly interfere with the current use of the property. The department shall also consult with the department of the corporation counsel to determine whether there exist any legal restrictions that would preclude the use of the city property for the proposed facility and whether there exist significant liability concerns relating to the proposed facility.
(c) Notwithstanding any provision of this chapter, and without the necessity of competitive bidding, if the department determines, after conducting the consultations prescribed in subsection (b), that it would be in the best interests of the city to lease the city property to the applicant, it may negotiate the terms of a lease with the applicant and submit the lease to the council for its approval, approval with modifications or conditions, or disapproval, by resolution. The department shall not authorize the use of any city property if the use of the property will compromise public safety.
(d) Unless otherwise authorized by the council, the monthly rental for the use of city real property for a telecommunications facility shall be as follows:
Type I Telecommunications Facilities | |
Aggregate Footprint | Monthly Rental Amount |
Type I Telecommunications Facilities | |
Aggregate Footprint | Monthly Rental Amount |
75 square feet or less | $1,000 |
Greater than 75 but less than or equal to 125 square feet | $1,200 |
Greater than 125 but less than or equal to 175 square feet | $1,425 |
Greater than 175 but less than or equal to 225 square feet | $1,650 |
Greater than 225 but less than or equal to 275 square feet | $1,875 |
Greater than 275 but less than 325 square feet | $2,100 |
325 square feet or more | $2,325 |
Type II Telecommunications Facilities | |
Aggregate Footprint | Monthly Rental Amount |
Type II Telecommunications Facilities | |
Aggregate Footprint | Monthly Rental Amount |
475 square feet or less | $1,000 |
Greater than 475 but less than or equal to 525 square feet | $1,200 |
Greater than 525 but less than or equal to 575 square feet | $1,425 |
Greater than 575 but less than or equal to 625 square feet | $1,650 |
Greater than 625 but less than or equal to 675 square feet | $1,875 |
Greater than 675 but less than 725 square feet | $2,100 |
725 square feet or more | $2,325 |
The department may recommend and the council may authorize a different monthly rental amount when:
(1) The city will be required to take measures to mitigate negative aesthetic aspects of the facility or minimize the potential threat of the facility to public safety;
(2) In instances where the department determines that the monthly rental amount is not feasible or equitable; or
(3) In instances where the department accepts property or services in lieu of payment if approved by the city department or agency currently using the property.
(e) For purposes of this section an entity is not a “private” entity if it is an agency or department of the city, the State, or the United States, or if the telecommunications facility to be situated on city real property is to be owned by or used exclusively for the benefit of the city, the State, or the United States.
(f) This section shall not apply to a telecommunications facility to be situated on land of the board of water supply or any semiautonomous agency of the city.
(g) The term of the lease shall be subject to Article 4.
(h) The lease shall provide for the applicant to post bond in a sum sufficient to ensure that the proposed telecommunications facility will be completed as planned and may require a reasonable deposit to insure that the facility is adequately maintained.
(i) The council may impose such other reasonable conditions relating to safety or aesthetics, as it may deem appropriate.
(j) Approval of the lease by the council shall not constitute a waiver of any zoning, subdivision, State land use, special management area, building code, or other legal requirements applicable to the telecommunications facility. The lease shall allow the lessee to terminate the lease if any permit or approval necessary for the construction or operation of the facility is denied or revoked. Following council approval of the lease terms, the director may award the lease subject to those terms.
(k) The department may adopt rules having the force and effect of law, pursuant to HRS Chapter 91, for the implementation of this article.
(l) This section shall not apply to any license, easement, concession, or other right of occupancy for the following:
(1) Telecommunications cables, wires, conduits, ducts, poles, anchors, or wire line telecommunications equipment cabinets and associated appliances and equipment on city real property, provided that no related telecommunications facilities are situated on the property;
(2) The temporary use of city property as a staging area for the construction of telecommunications facilities on real property not under the ownership or control of the city;
(3) The placement of a pay telephone, as defined in Hawaii Administrative Rules § 6-82-3, and related cables, wires, conduits, ducts, or other equipment on city property; or
(4) The placement of telecommunications facilities on city property where the deed or other use restrictions preclude the city from entering into a lease agreement for the property.
(1990 Code, Ch. 28, Art. 12, § 28-12.2) (Added by Ord. 05-020; Am. Ord. 09-23)
Editor’s note:
* “July 1, 2005” is substituted for “the effective date of this ordinance.”