COM 0400.092 2002-2004 - Laserfiche WebLink

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1-4 years CIP construction funds Subdivision approval, plan appropriated; construction approval, building permit contract let 1-3 years Facilities under construction Development under construction 0 Service connection approved Occupancy permit In calculating the capacity of public facilities, the following factors are taken into account: Capacity provided by existing facilities at the adopted LOS + Capacity of planned facilities -Demand created by existing development - Demand created by proposed project under consideration - Demand created by entitled but unbuilt developments -Demand created by deferred or exempt developments with capacity reservations = Available Capacity to Serve New Development The cornerstone of a concurrency management system is the adoption of Level of Service (LOS) standards. The LOS standard will determine the extent to which planned infrastructure capacity is attributable to new growth or existing demand. For example, if existing roadways are operating at LOS D, and the county adopts an LOS standard C for concurrency, the county cannot require the developer to upgrade the road network from D to C because the inadequacy is due to existing conditions. However, if the county adopts a LOS standard of D, a significant proportion of new capacity will be attributable to new development. For roads, a LOS standard that tolerates more congestion induces people to use alternative transportation modes. In short, setting the LOS standard is a policy decision that entails more than engineering parameters. Concurrency Issues Several questions arise when considering the enactment of a concurrency management system: Does the County have authority to adopt concurrency regulations? Because local governments are creatures of the state, the authority to adopt land use regulations must be granted by the state. The state delegates its police powers in one or both of two ways: the state legislature enacts enabling legislation or the state constitution empowers local governments with home rule: • Enabling legislation. Hawaii's enabling zoning legislation is general. Explicit enabling legislation for adequate public facility ordinances is rare. Hawaii Revised Statutes §46-4: "...The zoning power granted herein shall be exercised by ordinance which may relate to:... (12) Other such regulations as may be deemed by the boards or city council as necessary and proper to permit and encourage orderly development of land resources within their jurisdictions... The powers granted herein shall be liberally construed in favor of [he county exercising them, and in such a manner as to propte the orderly development of each county or city and county in accord with a long range, comprehensive, general plan, and to insure the greatest benefit for the S[a[e as a whole... . 2