Laserfiche WebLink
PREFACE <br /> <br />Fair Share Contributions <br />: As a condition of an ordinance amending the Zoning Code, the County <br />Council may require applicants to make a Fair Share contribution to mitigate the potential regional <br />impacts of the development with respect to parks and recreation, fire, police, solid waste disposal <br />facilities, and roads. The value of the contributions is based on the cost of public facilities per <br />developed unit, and the County Council determines whether the Fair Share contribution is made as <br />cash, land, facilities, or any combination thereof. The Fair Share contribution is typically due and <br />payable prior to the receipt of Final Subdivision or Plan Approval and is based on the actual number <br />of units developed. <br />Fair Share Appropriations <br />: All projects using Fair Share funds must be appropriated by the <br />County Council, with the appropriation identifying Fair Share as the funding source for all or a <br />portion of the total project costs. <br />Fair Share expenditures must have a “rational nexus” to the impact caused by the development. <br />“Rational nexus” means the expenditure must benefit the fee-paying development and be directly <br />related to the impact caused by the fee-paying development. Moreover, the expenditure should not <br />duplicate the services paid by the development through other means such as property taxes. An <br />eligible project for Fair Share, therefore, should meet the following criteria: <br /> Capital improvement (not services that are funded by property taxes as part of the County <br />operational budget); <br />New construction (not major repairs or renovations that correct existing deficiencies); <br />Located in the judicial district in which the Fair Share was collected (to benefit the fee- <br />paying development); <br /> Regional benefit (not limited to a single neighborhood or community). <br />Fair Share Annual Report <br />: Pursuant to Hawaii County Code section 2-162.1, this report <br />summarizes Fair Share assessments, contributions, and appropriations for the Council’s review and <br />use in the formulation of the capital budget. <br /> Total Assessments. Table 1 summarizes Fair Share assessments, which total <br />$115,747,197.01 <br /> through June 30, 2010. However, it must be emphasized that this amount is <br />based on the proposed development at the time of rezoning, and the amounts are not due until <br />subdivision or plan approval based on the actual project built. When the amounts do become <br />payable, the Planning Department adjusts the initial assessments based on the actual number <br />of units and the consumer price index at the time of payment. <br />Table 2 is a detailed list of applicant names, rezone numbers, assessed amounts, and payment <br />status. In Table 2, the “unpaid” status does not mean that the Planning Department failed to <br />collect the amount from the applicant; rather, it means the property is at least partially <br />undeveloped and that the applicant has not yet triggered full payment by a subdivision or <br />plan approval application. <br /> Total Contributions. Table 3 details the cash payments to the capital projects fund and the <br />park dedication fund, as well as the value of the in lieu assets credited. Through June 30, <br />1 <br /> <br />