COM 0648.025 1996-1998 - Laserfiche WebLink

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V ~ MS. LEITHEAD-TODll: We don't have, like, a specific region, but usually, when we're talking about, in terms of---it's not defined by Council district, but there are precedents in the area of impact fees. Where you can do studies where you say, you know, "Is this development impacting traffic in this general area." It would be a stretch to say that this development affects traffic in Waimea. But we know that it definitely affects traffic on Kamehameha 3, on Kuakini, on Ali'i Drive. So, road improvements to those three significant areas would be something that you can show a nexus, or a connection between the development and the impact on those roads. Mr. Ray's example that the Old Airport, which is a regional park, a regional park services a larger community. You could make a nexus that this development will have an impact on the Old Airport. Because of the soccer facilities, the swimming pool, people who live here will go urd use that park. And so, there isn't like a specific dividing line. But you have to be able to show a connection between the development and the facility you want to go and spend the matey on. MR. YAGONG: And so, what you'vejust explained isn't written anywhere, though. This is just ageneral--- MS. LEITHEAD-TODD: It's a general thing, but there's a whole series of case law where people have litigated the issue of; when you are getting fees for the impact of adevelopment--and this is, while we call it a "fair share contribution" It's to offset the impacts of the development, and there's a whole series of case law that defines what you can and can't use it on, and basically, you have to show that there's some connection between the impact of the development and where you spend the money. And this is because, in other areas, where somebody has come in and done a development, someone else has said, "Well gee, you know, that's $2 million from this development, and I really need a baseball field in Puna," and being politicians, people want to go and take that money and spend it in their own district. But the cases have shown that you can't do that, because it would be such a stretch to say that a development in Kahalu'u created a need for a baseball field in Puna, that it wouldn't hold up in court. Aud so, when you're making these plans and spending the money, our Planning Department and the people in the Administration have to be able to show that there is an impact in the connection.