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Exhibit A AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY AMENDING SECTION 25-2-46 RELATED TO CONCURRENCY CONDITIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose and findings. The council finds that because of rapid population growth in Hawaii County in areas with inadequate infrastructure and public services to accommodate such growth, it is necessary to assess the impacts of new developments at the time of rezoning. For example, thousands of homes are being built in rural subdivisions approved in the 1950's and 1960's, mostly in Puna and Ka`u, in communities which are not at present adequately served by public parks and recreational facilities and fire stations. If these new developments will generate demands for expanded parks and recreational facilities or expanded fire stations, or will generate such demands upon full build-out in the foreseeable future, then the rezoning should not take effect unless improvements to infrastructure and public services occur before the occupancy of the project. SECTION 2. Chapter 25, article 2, division 4, section 25-2-46, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-46. Concurrency requirements. (a) Purpose. In addition to requirements otherwise imposed, this section creates concurrency standards for roads, [arid] water supply, parks and recreational facilities, and firefighting facilities in change of zone actions. (b) Applicability. This section applies to any application for change of zoning district, or for an extension of time to perform a condition of zoning, received by the planning department after the effective date of this ordinance. (c) Definitions. As used in this section: "Acceptable level of service" means that the level of service of a transportation facility at the a.m. and p.m. peak hour is "D" or better. "Approved development" means development for which zoning has been granted by the County. "Critical road area" means a geographical area where any of the transportation facilities serving the area have been determined by the council to be worse than the acceptable level of service. "Immediate vicinity of a project" means the area in which transportation facilities will be required to mitigate impacts caused primarily by the project. "Level of service, or LOS" means a qualitative measure describing operational conditions within a traffic stream, and shall be determined using the procedures in the latest edition of the Highway Capacity Manual, Transportation Research Board. "Mitigation" means specific actions to reduce traffic congestion. Mitigation is of two types: "local mitigation" which consists of improvements to roads and intersections that are in the immediate vicinity of a project, including channelization of intersections, turn lanes into a project and similar improvements. '`Area mitigation" consists of improvements which increase the capacity of an arterial or other major road, such as additional lanes, in the general region containing the project, or construction of a new arterial or collector road in the general area containing the project, or improvements to public transportation such as buses or park and ride facilities, sufficient to offset the traffic demand generated by the project.