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Hawaii County Concurrency Ordinance

An adequate public facilities (or concurrency management) ordinance is a growth management approach that ties or conditions development approval to the availability and adequacy of public facilities and services, thus ensuring that new development does not take place unless the infrastructure is available to support it. An Adequate Public Facilities Ordinance (APFO) is an ordinance adopted by the County Council that allows it to defer the approval of developments based upon a finding by the County Council that public facilities would not be adequate to support the proposed development at build out.

Current Status

A resolution proposing an amendment to the Hawaii County concurrency ordinance has been introduced for consideration by the Hawaii County Council. Here are links to copies of recent drafts of the resolution:

How to Testify

You may select one of the following example messages (and edit it to reflect your position) or create a new message. Copy and paste text into your e-mail program and address your message as described below. Put the bill number in the subject line and add your name and address at the end of the message.

Shortcut: If you select the following link, the message will be sent to each of the members of the Hawaii County Council, with a copy being sent to Mayor Kim, to the official testimony address and to this website, when you press Send in your e-mail program.

If that does not work, copy the following addresses into the address line of your e-mail message:

    counciltestimony@co.hawaii.hi.us; phoffmann@co.hawaii.hi.us; dyagong@co.hawaii.hi.us; dikeda@co.hawaii.hi.us;
    jyoshimoto@co.hawaii.hi.us; shiga@co.hawaii.hi.us; enaeole@co.hawaii.hi.us; jjaco@co.hawaii.hi.us;
    bford@co.hawaii.hi.us;kapilago@co.hawaii.hi.us; cohmayor@co.hawaii.hi.us; bob@webpatent.com

Example Testimony No. 1

Councilmember Pete Hoffmann, Chair
Councilmember K. Angel Pilago, Vice Chair
Hawaii County Council

Learning Center

To learn more about concurrency and adequate public facilties ordinances, see:

    Mayor Kim Veto of Bill 112 - this message explaining a veto of a bill that would have added affordable housing requirements at Hawai'i County subdivision approval illustrates the issues involved

Communities have used different approaches have been used to ensure that infrastructure is provided concurrent with development. Here are some examples:

    Washington State Law (RCW 36.70A.070 and RCW 36.70A.302) contains a straightforward transportation facilities concurrency requirement that appears to be applicable to conditions in Hawaii County. The law prohibits approval of a development if the development would cause the level of service on a State- or County- owned transportation facility to decline below the standards adopted in the transportation element of the applicable comprehensive, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of the law, "concurrent with the development" means that improvements or strategies are in place at the time of development, or that a financial commitment is in place at the time of approval to complete the improvements or strategies within six years. The law does not extinguish rights that vested under State or County law before adoption of the applicable comprehensive plan.
    City of Rockville, Maryland - This APFO establishes standards for public facilities such as transportation (roads, transit, pedestrian facilities, bicycle facilities), schools, water, sewer, and fire protection. New developments are now required to perform studies to evaluate their impact on public facilities and to mitigate unacceptable impacts prior to approval.
    Adequate Public Facilities Ordinances and Transportation Management - The report by the American Planning Association shows how to use adequate public facilities ordinances (APFOs) to ensure that adequate transportation facilities will be in place in time to accommodate the traffic generated by new development. It also explains how to prepare an APFO that will stand up to legal challanges, especially when combined with comprehensive capital improvement plans. Flow charts and tables make interpreting data easy. Case studies, concentrating on Maryland and Florida, show how some communities have implemented their APFOs. A necessary guide for anyone in a region undergoing rapid, or even rampant, growth.
    Concurrency Literature Review - report prepared by Eastside Transportation Concurrency Study includes links to and summaries of many reports on concurrency and APFOs.