[PART
VIII.]  IMPACT FEES



 



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



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



"Capital improvements" means the
acquisition of real property, improvements to expand capacity and
serviceability of existing public facilities, and the development of new public
facilities.



"Comprehensive plan" means a
coordinated land use plan for the development of public facilities within the
jurisdiction of a county based on existing and anticipated needs, showing
existing and proposed developments, stating principles to which future
development should conform, such as the county's general plans, development
plans, or community plans, and the manner in which development should be
controlled.  In the case of the city and county of Honolulu, public facility
maps 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 of
Kauai, and the county of Maui.



"Credits" means the present value of
past or future payments or contributions, including, but not limited to, the
dedication of land or construction of a public facility made by a developer
toward the cost of existing or future public facility capital improvements,
except for contributions or payments made under a development agreement
pursuant to section 46-123.



"Developer" means a person,
corporation, organization, partnership, association, or other legal entity
constructing, erecting, enlarging, altering, or engaging in any development
activity.



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



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



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



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



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



"Offset" means a reduction in impact
fees designed to fairly reflect the value of non-site related public facility
capital improvements provided by a developer pursuant to county land use
provisions.



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



"Proportionate share" means the
portion of total public facility capital improvement costs that is reasonably
attributable to a development, less:



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



(2)  Offsets for non-site related public facility
capital improvements provided by a developer pursuant to county land use
provisions.



"Public facility capital improvement
costs" means costs of land acquisition, construction, planning and
engineering, administration, and legal and financial consulting fees associated
with construction, expansion, or improvement of a public facility.  Public
facility capital improvement costs do not include expenditures for required
affordable housing, routine and periodic maintenance, personnel, training, or
other operating costs.



"Reasonable benefit" means a benefit
received by a development from a public facility capital improvement that is
greater than the benefit afforded the general public in the jurisdiction
imposing the impact fees.  Incidental benefit to other developments shall not
negate a "reasonable" benefit to a development.



"Recoupment" means the proportionate
share of the public facility capital improvement costs of excess capacity in
existing capital facilities where excess capacity has been provided in
anticipation of the needs of a development.



"Site-related improvements" means
land dedications or the provision of public facility capital improvements for
the exclusive use or benefit of a development or for the provision of safe and
adequate 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".