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Honorable Pete Hoffinann <br />Chair and Presiding Officer <br />and Members of the County Council <br />COUNTY COUNCIL <br />Page 2 <br />September 9, 2008 <br />Hawaii County has completed the necessary study, the "Infrastructure and Public <br />Facilities Needs Assessment: Impact Fee Study" September 2006, prepared for the <br />Planning Department by Duncan Associates with Helbert Hastert & Fee. This establishes <br />maximum fee levels for roads, pazks, fire/EMS, police, solid waste and wastewater <br />(sewer.) Water was not included because the Department of Water Supply, which is the <br />only body authorized to impose impact fees for water, has a fee schedule for water <br />commitments. <br />In the draft bill, the impact fee is proposed to be 50% of the maximum amount <br />established in the study. The county could impose any percentage up to the maximum. <br />Sec. 36-12 of Bill 324 includes a table showing these proposed fees. For example, the <br />fee for asingle-family home would be $6,387.00 (not counting any sower fee), and $4.97 <br />per square foot for aretail/commercial project. The fees are broken down into different <br />categories of public facilities. Roads and parks make up about 90% of the total impact fee <br />for houses. The fees for police, fire, and solid waste facilities are relatively small. <br />Impact fees can be used only for facilities that are needed to accommodate new <br />development-that is, they need to be capacity-enhancing projects. For example, the <br />county can build a new gym with impact fees, but it cannot repair the roof on an old gym. <br />It can add lanes to an existing road with impact fees, but cannot use them to resurface an <br />existing road. Projects funded with the fees must also be spent in the azea that generated <br />the impact fees, which are called "benefit districts," but the County has some flexibility <br />in defining the benefit districts. <br />New development that is required by its rezoning ordinance or other land use approval to <br />build infrastructure that meets regional needs-such as a major road or park-will be <br />entitled to offset the value of such improvements against the impact fee for that category. <br />For example, Parker Ranch would offset the value of the connector road and its park land <br />dedications required in its rezoning ordinance, and Hokuli'a would offset the value of the <br />Mamalahoa Bypass and some park contributions. <br />The impact fee would replace the "fair share" condition that has been placed on most <br />residential and resort rezoning in Hawaii County since the early 1990's. The impact fee <br />is much broader than fair share because it would apply to all new development, not just <br />projects that were rezoned. So, for example, it would apply to new homes built on lots in <br />