BIL 304 Draft 02 2008-2010 - Laserfiche WebLink

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COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 304 (DRAFT 2) AN ORDINANCE AMENDING THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW CHAPTER RELATING TO IMPACT FEES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new chapter to read as follows: "CHAPTER 36. IMPACT FEES. Article 1. General Provisions. Section 36-1. Findings and purpose. New developments and construction, whether they be resorts, residential dwellings, commercial or industrial units, have substantial impacts on the quality of life, social welfare, and environment in Hawaii County. The purpose of an impact fee is to ensure that the person or persons responsible for impact -generating developments and construction bear a proportionate share of the cost of improvements to Hawaii County's public facilities necessitated by such developments and construction, including major roadway, park, fire/emergency medical service (EMS), police, solid waste, and wastewater facilities. The creation of an impact fee system would enable the County to impose a more proportionate share of the costs of required system improvements, based on the County's General Plan and Community Development Plans, on the developments that create the need, as well as assure that the development that pays each fee will receive a corresponding benefit within a reasonable period of time after the fee is paid. The authority to impose impact fees is granted to counties by the Hawaii Revised Statutes, section 46-141 through section 46-148. Section 36-2. Definitions. As used in this chapter, unless otherwise specified: "Applicant" means the applicant for final plan approval, final subdivision approval, a building permit or a connection to the wastewater system for which an impact fee is due pursuant to the provisions of this chapter. "Community development plan" means a county comprehensive plan for an area within the County adopted by ordinance pursuant to section 15.1 of the General Plan. "Dwelling unit" means any separate or attached unit that is designated to function as a separate residential unit, such as where the unit contains separate bathroom and kitchen facilities.