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Comments on Bill 304 <br /> Prepared by <br /> Co of HI Planning Department <br /> April 5, 2011 <br /> Comments on Bill 304: DRAFT Chapter 36 - Impact Fees <br /> The Council proposes to replace the Fair Share system with an impact fee system with <br /> authority in HRS and clear implementation roles and responsibilities. The Planning <br /> Department appreciates the Council's invitation for constructive deliberation about how <br /> to develop a workable and effective impact fee program. In that light, because Bill 304 <br /> is very complicated legislation requiring considerable clarification and modification, we <br /> share this summary of comments and questions. They are organized by section (plus a <br /> section at the end specific to implementation) and fall into three categories: <br /> 1. Non - substantive edits (in plain text) <br /> 2. Recommendations for substantive changes (bold, italicized) <br /> 3. Questions /comments that require more clarification and/or deliberation <br /> (bold). <br /> Findings & Purpose (36 -1) <br /> • The term "development" is considered plural. Remove "s" from development <br /> where appropriate throughout. <br /> • "Facilities ": the description /definition is different throughout the document. Follow <br /> consistent wording for the list of facilities, such as " roads , parks and recreation <br /> fire /emergency medical service (EMS), police, solid waste, and wastewater." <br /> Definitions (36 -2) <br /> • Definitions do not match HRS 46 -141. Check all definitions for consistency. <br /> o Most importantly, the "needs assessment study" defined in Bill 304 is <br /> inconsistent with the definition in HRS. <br /> • The "affordable housing trust fund" should be defined. <br /> • Fair Share: add wording as follows: "...which requires payment of fees to <br /> mitigate the potential regional impacts of the development based on the extent <br /> of the development allowed...." <br /> • Impact Fee Administrator: Since the Planning Department's role in impact fee <br /> administration should be limited to CIP recommendations (see various sections <br /> below), a different County department should be the Administrator. <br /> • Small Lot Subdivision: confirm consistency of the definition with the <br /> Subdivision Code (HCC Chapter 23). <br /> • Add definition of Owner - builder and confirm that it's consistent with DPW's <br /> definition. <br /> Appeals (36 -3) <br /> • Check with Corp Counsel. BOA hears appeals on Directors' decisions. These <br /> are fees /assessments that will be mandated by ordinance, so appeals should be <br /> heard by Council. <br /> Program Review (36 -6) <br /> Page 1 of 7 <br />