[§302A-1602]  Definitions.  As used inthis [subpart], the following terms shall have the following meanings unlessthe context indicates otherwise:

"Acres/student" means the number ofacres required per student based on design standards for schools.

"Construction cost" means the netcost to construct a school, including without limitation planning, design,engineering, grading, permits, construction, and construction and projectmanagement, but not including the cost to acquire land.  The intent of the schoolimpact fee calculation is that new developments should not be charged for ahigher level of service than is being provided to existing developments.  Areasonable measure of the level of service is the percentage of classrooms thatare in permanent structures, as opposed to portable buildings.

"Cost per student" means theconstruction cost for a school per student (actual school construction costdivided by enrollment capacity).

"Cost/unit" means the impact fee forschool construction (land and construction).

"County" means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui.

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

"Dwelling unit" or "unit"means a multi-family or single-family residential unit.

"Fee in lieu" means a fee determinedpursuant to section 302A‑1606.

"Land component" means a fee simpleproperty that is vacant and improved (with infrastructure).

"Multi-family" means any dwellingunit other than a single family dwelling unit.

"Multi-family unit count" means thetotal multi-family dwelling units planned for a proposed development.

"New residential development" meansnew residential projects involving rezoned properties or parcels, current zonedparcels with or without buildings, and redevelopment projects.  These projectsinclude "lot only" developments (when the dwelling unit will not bebuilt by the developer), and include condominiums, additional dwelling units asdefined by each county, and subdivisions.

"Owner" means the owner of record ofreal property or the owner's agent.

"Proportionate share" means the pro ratashare of the school impact fee attributed to the specific development based onthe student generation rate from the project.

"Recent school construction averages"means the department's historical average acres required and enrollmentcapacity for elementary (K-5), middle (6-8), and high (9-12) schools.  Based onexisting school construction data, the historical average design standards areas follows:

Acres/school Enrollment/school Acres/student

Elem. 12.5 acres 800 students .0156acres

Middle 16.5 acres 1,500 students .0110acres

High 49 acres 1,600 students .0306acres

"Revenue credit" means the stategeneral tax revenues under chapter 237 that will be generated by the newresidential unit and used to fund school capital facilities and pay foroutstanding debt on existing facilities.

"School facilities" means thefacilities owned or operated by the department, or the facilities included inthe department of education capital budget or capital facilities plan.

"School impact district" means ageographic area designated by the board where anticipated growth will createthe need for one or more new schools or the expansion of one or more existingschools that are or will be located within the area and will primarily servenew housing units within the area.

"School impact fee: construction costcomponent" means ten per cent of the construction cost associated with theconstruction of a new school or expansion of an existing school facility.

"School impact fee: land component"means the pro rata share of the fair market value of the fee simple land oracreage attributed to the specific development based on the student generationrate from the project.

"Single-family" means a detacheddwelling unit not connected to any other dwelling unit, or a detached buildingcontaining two dwelling units.

"Single-family unit count" means thetotal single-family units planned for a proposed development.

"Student generation rate" means thenumber of students generated by each multi-family and single-family unit when aresidential development has matured and enrollment no longer fluctuates, orachieves a steady state. [L 2007, c 245, pt of §2]