BIL 324 Draft 02 2006-2008 - Laserfiche WebLink

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(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. (f) The applicant shall bear the burden of proof that an impact fee credit is appropriate for a system improvement. Section 36-14. Recalculation due to mistake or misrepresentation (a) If an impact fee has been calculated and paid based on a mistake or misrepresentation, it shall be recalculated by the impact fee administrator. (b) Overpayments (1) Any amounts overpaid by an applicant shall be refunded by the impact fee administrator to the applicant within thirty days after the acceptance of the recalculated amount, with interest, determined by the impact fee fund administrator since the date of such overpayment. (2) A claim for overpayment shall be made within one year of the date of the payment. (c) Underpayments (1) Any amounts underpaid by the applicant shall be paid to the impact fee administrator within thirty days after the acceptance of the recalculated amount, with interest since the date of such underpayment. (2) The County shall not issue any additional permits or approvals for any project for which the impact fee was previously underpaid until such underpayment is corrected. If amounts owed to the County are not paid within the-thirty day period mentioned in paragraph (1), the County may also rescind any permits issued in reliance on the previous payment of such impact fee. Section 36-20. Reserved. Article 3. Impact Fee Fund. Section 36-21. Establishment and creation of an impact fee revolving fund. The department of finance is hereby authorized to establish an impact fee program to ensure that the person or persons responsible for impact-generating developments and construction bear a proportionate share of the cost of improvements to the Hawaii County's major roadway, park, fire/emergency medical service (EMS), police, solid waste and wastewater facilities that are necessitated by such developments and construction. Pursuant to section 10-12, Hawaii County Charter, a special revolving fund to be known as the impact fee revolving fund is hereby created. This fund shall be interest bearing, distinct from the general fund, and administered by the department of finance. -19-