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(b) Except for any ordinance governing impact fees enacted <br />before July 1, 1993, impact fees may be imposed only for <br />those types of public facility capital improvements <br />specifically identified in a county comprehensive plan or a <br />facility needs assessment study. The plan or study shall <br />specify the service standards for each type of facility <br />subject to an impact fee; provided that the standards shall <br />apply equally to existing and new public facilities. [L <br />1992, c 282, pt of §2; am L 1996, c 175, §1; am L 2001, c <br />235, §2] <br />§46-143 Impact fee calculation. <br /> (a) A county council or <br />board considering the enactment or adoption of impact fees <br />shall first approve a needs assessment study that shall <br />identify the kinds of public facilities for which the fees <br />shall be imposed. The study shall be prepared by an <br />engineer, architect, or other qualified professional and <br />shall identify service standard levels, project public <br />facility capital improvement needs, and differentiate <br />between existing and future needs. <br />(b) The data sources and methodology upon which needs <br />assessments and impact fees are based shall be set forth in <br />the needs assessment study. <br />[2004 amendment retroactive to October 1, 2002. L 2004, <br />(c) <br />c 155, §6.] <br /> The pro rata amount of each impact fee shall be <br />based upon the development and actual capital cost of <br />public facility expansion, or a reasonable estimate <br />thereof, to be incurred. <br />[2004 amendment retroactive to October 1, 2002. L 2004, <br />(d) <br />c 155, §6.] <br /> An impact fee shall be substantially related to <br />the needs arising from the development and shall not exceed <br />a proportionate share of the costs incurred or to be <br />incurred in accommodating the development. The following <br />seven factors shall be considered in determining a <br />proportionate share of public facility capital improvement <br />costs: <br />(1) The level of public facility <br />capital improvements required to <br />appropriately serve a development, <br />based on a needs assessment study that <br />identifies: <br />Page 4 Hawaii State Impact Fee Statute <br />Chapter 46, Hawaii Revised Statutes <br /> <br />