ORD 2007-099 2006-2008 - Laserfiche WebLink

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typical mix of uses found in that zoning type in the community. The TIAR shall be certified as having been conducted in accordance with best practices by a professional engineer licensed in the State of Hawai i. (2) The TIAR shall assess impacts to transportation facilities in the immediate vicinity and general azea of the project, and to the transportation facilities serving the proiect azea. (3) The TIAR shall include projections for future growth in traffic, for a minimum of five, ten, and twenty years, and shall include other approved or proposed development that is expected to impact the proiect area, with reasonable assumptions about the build-out of such development. (4) The TIAR shall present an assessment of the impacts of the proiect on LOS and an evaluation of alternative plans for mitigating those impacts. The evaluation shall include budgetazy cost estimates for the capital and operating costs of promising alternative plans. (el Mitigation Required. (1) If the LOS for any transportation facility in the project area is (1) currently worse than the acceptable level of service, or (2) projected to become worse than the acceptable level of service during the five year period of the TIAR, any rezoning of the property, if approved, shall contain conditions that require mitigation of adverse traffic effects before occupancy of the proiect is permitted, or that occupancy be delayed until the level of service has reached the acceptable level and is no longer proiected to be worse than the acceptable level. (2) Where the LOS deficiency is due to roadway or intersection deficiencies in the immediate vicinity of the proiect, the conditions of zoning shall require local mitigation. Where the deficiency in LOS is due to insufficient capacity in the transportation facilities serving the project area, the conditions of zoning shall require azea mitigation. (3) If there is more than one way to mitigate an adverse effect, the director shall present to the council the pros and cons of the alternatives. (f) Mitigation requirements will be deemed satisfied when: (1) a public agency has committed funds for azea mitigation that will remove the LOS deficiency In the case of the State, commitment of funds means that the governor has released funds to complete the improvement. In the case of the County commitment of funds means that the council has appropriated funds to complete the improvement or ~2) the private developer's commitment to implement mitigation has been secured by bond or equivalent security or mandatory participation in an improvement district, community facilities district, or other equivalent means of guaranteeing performance. (g) A developer's area mitigation expenses shall be credited against any fair share or similar fee requirement for roads A developer's local mitigation expenses shall be credited against any fair share or similaz fee requirement for roads if the council determines that the mitigation substantially benefits the 3