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<br /> (c) Failure to fulfill any conditions of the zone change within the specified time <br /> limitations, or any extensions thereto, may be grounds for the enactment of an <br /> ordinance making further zone changes or for rezoning the affected property back to <br /> its original zoning designation or a more appropriate zoning designation, upon <br /> initiation by either the director or the council in accordance with section 25-2-43. <br /> (d) An application for a change of zone shall not be approved if the associated <br /> development is within the service limits of the department of water supply, unless the <br /> department of water supply has issued a water commitment for build-out of the <br /> development and the water supply improvements or strategies required by the <br /> department of water supply to accommodate the impacts of the development will be <br /> made concurrent with the development and in compliance with the conditions of the <br /> water commitment issued by the department of water supply. <br /> (el An application for a change in zone shall not be approved ifbuild-out of the <br /> associated development would cause or contribute to causin , <br /> ig n conjunction with <br /> development associated with build-out of previously approved subdivisions, the level <br /> of service (LOST on a state- or county-owned transportation facility to decline or <br /> remain below an acceptable level (specifically, below LOS "D" on a scale of LOS <br /> "A" through LOS "F"), unless transportation improvements or strate ig es to <br /> accommodate the impacts of the development will be made concurrent with the <br /> development. These strategies may include increased public transportation service, <br /> ride sharingproQrams, park and ride facilities, demand management, and other <br /> transportation systems management strategies. The level of service shall be calculated <br /> using the methods defined in the most current edition of the Transportation Research <br /> Board, Hi <br /> hgway Capacity Manual (Washin¢ton, D.C.: National Reseazch Council, <br /> 2000, or subsequent updates to this edition). LOS levels for the state- and county- <br /> owned transportation facilities, including, but not limited to, arterial roads, collector <br /> roads, minor roads, and public transportation, which will be impacted by build-out of <br /> the development shall be assessed within six months of the date the application for <br /> change of zone is submitted. <br /> (fl For the purposes of this section, "concurrent with development" shall mean that <br /> improvements or strategies are in place at the time of development, or that a financial <br /> commitment is in place at the time ofpreliminazy plat approval to complete the <br /> improvements or strategies within six years of preliminary plat approval. Financial <br /> commitments may include adoption by the county council by ordinance of a six-year <br /> capital improvement program that identifies reasonably anticipated sources of <br /> funding for the identified improvements or strategies, agreements with the county to <br /> implement the identified improvements or strategies, and agreements with the county <br /> to pay for implementing the identified improvements or strategies. The agreements <br /> called for by this section shall be secured in accordance with section 23-83. <br /> This section does not apply to any application for change of zone for an affordable <br /> housin <br /> dg evelopment or a workforce housin dg evelopment wherein 100 percent of <br /> the housing units are affordable for qualified households earning no more than 120 <br /> percent of the median adjusted gross income for households in Hawaii County as <br /> reported by the U.S. Department of Housing and Urban Development or its <br /> governmental successor in function." <br /> 2 <br /> <br />