COM 0668.000 2008-2010 - Laserfiche WebLink

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PREFACE Fair Share Contributions: As a condition of an ordinance amending the Zoning Code, the County Council may require applicants to make a Fair Share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities, and roads. The value of the contributions is based on the cost of public facilities per developed unit, and the County Council determines whether the Fair Share contribution is made as cash, land, facilities, or any combination thereof. The Fair Share contribution is typically due and payable prior to the receipt of Final Subdivision or Plan Approval and is based on the actual number of units developed. Fair Share Appropriations: All projects using Fair Share funds must be appropriated by the County Council, with the appropriation identifying Fair Share as the funding source for all or a portion of the total project costs. Fair Share expenditures must have a "rational nexus" to the impact caused by the development. "Rational nexus" means the expenditure must benefit the fee-paying development and be directly related to the impact caused by the fee-paying development. Moreover, the expenditure should not duplicate the services paid by the development through other means such as property taxes. An eligible project for Fair Share, therefore, should meet the following criteria: • Capital improvement (not services that are funded by property taxes as part of the County operational budget); • New construction (not major repairs or renovations that correct existing deficiencies); • Located in the judicial district in which the Fair Share was collected (to benefit the fee- paying development); • Regional benefit (not limited to a single neighborhood or community). Fair Share Annual Report: Pursuant to Hawaii County Code section 2-162.1, this report summarizes Fair Share assessments, contributions, and appropriations for the Council's review and use in the formulation of the capital budget. • Total Assessments. Table 1 summarizes Fair Share assessments, which total $108,545,258.05 through June 30, 2009. However, it must be emphasized that this amount is based on the proposed development at the time of rezoning, and the amounts are not due until subdivision or plan approval based on the actual project built. When the amounts do become payable, the Planning Department adjusts the initial assessments based on the actual number of units and the consumer price index at the time of payment. Table 2 is a detailed list of applicant names, rezone numbers, assessed amounts, and payment status. In Table 2, the "unpaid" status does not mean that the Planning Department failed to collect the amount from the applicant; rather, it means the property is at least partially undeveloped and that the applicant has not yet triggered full payment by a subdivision or plan approval application. 1