COM 0200.032 2006-2008 - Laserfiche WebLink

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property appraisals to the impact fee administrator. The impact fee administrator shall determine the amount of credit due based on the information submitted, or where such information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the impact fee administrator. The impact fee administrator may independently determine the amount of credit to be approved for land dedication by securing other property appraisals, or requiring submittal of other relevant information. (c) To qualify for an impact fee reimbursement credit, the developer must enter into an agreement with the County. At a minimum, the developer agreement shall specify the amount of the credit, and within how many years the developer will be reimbursed from impact fees collected by the County, assuming adequate funds are available for such repayment. (d) The County will allocate a maximum of 25 percent of annual impact fees collected for each facility type to reimburse developers for eligible improvement credits. If the amount allocated for reimbursements is not sufficient to make all payments due to developers for that year, each developer will receive a pro rata share of the amount owed, and the unpaid amount will added to the amount owed for the following year. If less than 25 percent of annual impact fee collections is required for reimbursements in any given year, the remainder may be used for project expenditures. (e) Credits provided pursuant to this chapter shall be valid from the effective date of such credits until ten (10) years after such date. Section 36-13. Pre-ordinance offsets. (a) Owners of property for which capital contributions (system improvements, land dedications or fair share payments) were made prior to the effective date of this chapter may apply for an offset against impact fees for the same type of facilities. Offsets may be used to reduce the amount of impact fees due from the property on a dollar-for-dollar basis. (b) Application for such offsets must be made, on forms provide by the County, within one (1) year after the effective date of this chapter. (c) In the event that the impact-generating development for which the offset is claimed is partially completed, the amount of the offset shall be reduced by the amount of the impact fees that would have been charged for the completed portion of the development had this chapter been in effect. In the event that the impact- generating development project has been fully completed, no offset shall be authorized. (d) If some offset is warranted, the amount of the offset shall be determined by the impact fee administrator based on the information supplied by the property owner. The amount of the offset shall be equal to the cost of the improvement, the fair market value of the land dedicated or the amount of the fair share payment, inflated to present value. (e) The offset shall be applied against the impact fees due for building permits issued on the property until the amount of the offset is exhausted or the development project for which the capital contribution was made is completed. In no case shall any offset be transferred from the development project for which the capital contribution was made. DRAFT ORDINANCE FOR COUNTY OF HAWAII PREPARED BY DUNCAN ASSOCIATES 8/9/06 17