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(b) A subdivision application or condominium map shall not be approved pursuant to <br />this chapter, if build -out of the associated development would cause or contribute to <br />causing in conjunction with development associated with build -out of previously <br />approved subdivisions, the level of service (LOS) on a state- or county -owned <br />transportation facility to decline or remain below an acceptable level (specifically, <br />below LOS "D" on a scale of LOS "A" through LOS "F"), unless transportation <br />improvements or strategies to accommodate the impacts of development are made <br />concurrent with the development. These strategies may include increased public <br />transportation service, ride sharing programs, park and ride facilities, demand <br />management, and other transportation systems management strategies. The level of <br />service shall be calculated using the methods defined in the most current edition of <br />the Transportation Research Board, Highway Capacity Manual (Washington, D.C.: <br />National Research Council, 2000, or subsequent updates to this edition). LOS levels <br />for the state- and county -owned transportation facilities, including, but not limited to, <br />arterial roads, collector roads, minor roads and public transportation, which will be <br />impacted by build -out of the development shall be assessed within six months of the <br />date the application for subdivision approval or condominium may approval is <br />submitted. <br />(c) 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 of preliminary plat or map approval to complete <br />the improvements or strategies within six years of preliminary plat or map approval. <br />Financial commitments may include adoption by the county council by ordinance of a <br />six-year capital improvement program that identifies reasonably anticipated sources <br />of funding for the identified improvements or strategies, agreements with the county <br />to implement the identified improvements or strategies, and agreements with the <br />county to pay for implementing the identified improvements or strategies. The <br />agreements called for by this section shall be secured in accordance with section 23- <br />83. <br />(d) This section does not apply to any application for subdivision approval or <br />condominium map approval for an affordable housing development or a workforce <br />housingdevelopment wherein 100 percent of the housing units are affordable for <br />qualified households earning no more than 120 percent of the median adjustedrg oss <br />income for households in Hawaii County as reported by the U.S. Department of <br />Housing and Urban Development or its governmental successor in function." <br />SECTION 3. Severability. If any provision of this ordinance, or the application thereof to <br />any person or circumstance, is held invalid, such invalidity shall not affect other provisions or <br />applications of the ordinance which can be given effect without the invalid provision or <br />application, and to this end, the provisions of this ordinance are declared to be severable. <br />SECTION 4. Material to be repealed is bracketed and stricken. New material is <br />underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need <br />not be included. <br />2 <br />