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



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



"Construction cost" means the net
cost to construct a school, including without limitation planning, design,
engineering, grading, permits, construction, and construction and project
management, but not including the cost to acquire land.  The intent of the school
impact fee calculation is that new developments should not be charged for a
higher level of service than is being provided to existing developments.  A
reasonable measure of the level of service is the percentage of classrooms that
are in permanent structures, as opposed to portable buildings.



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



"Cost/unit" means the impact fee for
school 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 entity
constructing, erecting, enlarging, altering, or engaging in any residential
development activity.



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



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



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



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



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



"New residential development" means
new residential projects involving rezoned properties or parcels, current zoned
parcels with or without buildings, and redevelopment projects.  These projects
include "lot only" developments (when the dwelling unit will not be
built by the developer), and include condominiums, additional dwelling units as
defined by each county, and subdivisions.



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



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



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



Acres/school Enrollment/school Acres/student



Elem. 12.5 acres 800 students .0156
acres



Middle 16.5 acres 1,500 students .0110
acres



High 49 acres 1,600 students .0306
acres



"Revenue credit" means the state
general tax revenues under chapter 237 that will be generated by the new
residential unit and used to fund school capital facilities and pay for
outstanding debt on existing facilities.



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



"School impact district" means a
geographic area designated by the board where anticipated growth will create
the need for one or more new schools or the expansion of one or more existing
schools that are or will be located within the area and will primarily serve
new housing units within the area.



"School impact fee: construction cost
component" means ten per cent of the construction cost associated with the
construction 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 or
acreage attributed to the specific development based on the student generation
rate from the project.



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



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



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