COM 0200.040 2006-2008 - Laserfiche WebLink

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be imposed only for those types of public facility capital improvements specifically identified in a county in a county comprehensive plan or a facility needs assessment study."5 However, Section 46-141 defines "impact fees," as "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."6 That same section also defines "public facility capital improvement costs," and explains that such costs "do not include expenditures for required affordable housing."~ Although Section 46-141 does not define "required affordable housing," Section 516-1, which concerns leaseholds, explains that a "[s]ustainable affordable development," requires, inter olio, the satisfaction of "the state or county agency's affordable housing requirements as set forth in the applicable state or county law, regulation, policy, or agreement."8 In addition, Section 46-143(c) imposes nexus and proportionality requirements, providing that "[a]n impact fee shall be substantially related to the needs arising from the development and shall not exceed a proportionate share of the costs incurred or to be incurred in accommodating the development."9 In view of Section 516-1, Section 46-141's "required affordable housing" language likely refers to housing exactions. For example, Section 2.94.030 of the Maui County Code requires ' Haw. Rev. Stat. § 46-142(6) (2006). s Haw. Rev. Stat. § 46-141 (emphasis added). ' !d. The legislative history of Haw. Rev. Stat. § 46-] 41 does not explain what is mean[ by "required affordable housing." "Haw. Rev. Stat. § 516-1. 91d. § 46-143 (c). 5