[PARTVIII.]  IMPACT FEES

 

§46-141  Definitions.  As used in thispart, unless the context requires otherwise:

"Board" means the board of watersupply or water board of any county.

"Capital improvements" means theacquisition of real property, improvements to expand capacity andserviceability of existing public facilities, and the development of new publicfacilities.

"Comprehensive plan" means acoordinated land use plan for the development of public facilities within thejurisdiction of a county based on existing and anticipated needs, showingexisting and proposed developments, stating principles to which futuredevelopment should conform, such as the county's general plans, developmentplans, or community plans, and the manner in which development should becontrolled.  In the case of the city and county of Honolulu, public facilitymaps shall be equivalent to the comprehensive plan required in this part.

"County" or "counties"means the city and county of Honolulu, the county of Hawaii, the county ofKauai, and the county of Maui.

"Credits" means the present value ofpast or future payments or contributions, including, but not limited to, thededication of land or construction of a public facility made by a developertoward the cost of existing or future public facility capital improvements,except for contributions or payments made under a development agreementpursuant to section 46-123.

"Developer" means a person,corporation, organization, partnership, association, or other legal entityconstructing, erecting, enlarging, altering, or engaging in any developmentactivity.

"Development" means any artificialchange to real property that requires a grading or building permit asappropriate, including, but not limited to, construction, expansion, enlargement,alteration, or erection of buildings or structures.

"Discount rate" means the interestrate, expressed in terms of an annual percentage, that is used to adjust pastor future financial or monetary payments to present value.

"Impact fees" means the chargesimposed upon a developer by a county or board to fund all or a portion of thepublic facility capital improvement costs required by the development fromwhich it is collected, or to recoup the cost of existing public facilitycapital improvements made in anticipation of the needs of a development.

"Needs assessment study" means astudy required under an impact fee ordinance that determines the need for apublic facility, the cost of development, and the level of service standards,and that projects future public facility capital improvement needs; providedthat the study shall take into consideration and incorporate any relevantcounty general plan, development plan, or community plan.

"Non-site related improvements" meansland dedications or the provision of public facility capital improvements thatare not for the exclusive use or benefit of a development and are notsite-related improvements.

"Offset" means a reduction in impactfees designed to fairly reflect the value of non-site related public facilitycapital improvements provided by a developer pursuant to county land useprovisions.

"Present value" means the value ofpast or future payments adjusted to a base period by a discount rate.

"Proportionate share" means theportion of total public facility capital improvement costs that is reasonablyattributable to a development, less:

(1)  Any credits for past or future payments, adjustedto present value, for public facility capital improvement costs made orreasonably anticipated to be contributed by a developer in the form of userfees, debt service payments, taxes, or other payments; or

(2)  Offsets for non-site related public facilitycapital improvements provided by a developer pursuant to county land useprovisions.

"Public facility capital improvementcosts" means costs of land acquisition, construction, planning andengineering, administration, and legal and financial consulting fees associatedwith construction, expansion, or improvement of a public facility.  Publicfacility capital improvement costs do not include expenditures for requiredaffordable housing, routine and periodic maintenance, personnel, training, orother operating costs.

"Reasonable benefit" means a benefitreceived by a development from a public facility capital improvement that isgreater than the benefit afforded the general public in the jurisdictionimposing the impact fees.  Incidental benefit to other developments shall notnegate a "reasonable" benefit to a development.

"Recoupment" means the proportionateshare of the public facility capital improvement costs of excess capacity inexisting capital facilities where excess capacity has been provided inanticipation of the needs of a development.

"Site-related improvements" meansland dedications or the provision of public facility capital improvements forthe exclusive use or benefit of a development or for the provision of safe andadequate public facilities related to a particular development. [L 1992, c 282,pt of §2; am L 2001, c 235, §1]

 

Revision Note

 

  "Part" substituted for "chapter".