Memo_Yagong_Planning Dept Comments 304 Dr April_11

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