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development because of future payments; <br />and <br />(7) The extent to which a developer is <br />required to pay impact fees as a <br />condition precedent to the development <br />of non-site related public facility <br />capital improvements, and any offsets <br />payable to a developer because of this <br />provision. <br />(e) The impact fee ordinance shall contain a provision <br />setting forth the process by which a developer may contest <br />the amount of the impact fee assessed. [L 1992, c 282, pt <br />of §2; am L 2001, c 235, §3; am L 2001, c 235, §3; am L <br />2004, c 155, §3] <br />§46-144 Collection and expenditure of impact fees. <br />Collection and expenditure of impact fees assessed, <br />imposed, levied, and collected for development shall be <br />reasonably related to the benefits accruing to the <br />development. To determine whether the fees are reasonably <br />related, the impact fee ordinance or board rule shall <br />provide that: <br />(1) Upon collection, the fees shall be <br />deposited in a special trust fund or <br />interest-bearing account. The portion <br />that constitutes recoupment may be <br />transferred to any appropriate fund; <br />(2) Collection and expenditure shall be <br />localized to provide a reasonable <br />benefit to the development. A county or <br />board shall establish geographically <br />limited benefit zones for this purpose; <br />provided that zones shall not be <br />required if a reasonable benefit can be <br />otherwise derived. Benefit zones shall <br />be appropriate to the particular public <br />facility and the county or board. A <br />county or board shall explain in <br />writing and disclose at a public <br />hearing reasons for establishing or not <br />establishing benefit zones; <br />Page 6 Hawaii State Impact Fee Statute <br />Chapter 46, Hawaii Revised Statutes <br /> <br />