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determining Ña proportionate sh are of public facility capital improvem ent costsÒ is the Ñextent to which <br />a developer required to pay impact fees over the next twenty yea <br />contribute to the cost of existing public facility capital improvements throug h user fees, debt service <br />payments, or other payments, and any credits that may accrue to a development because of future <br />payments ...Ò <br />The State act implies that credit may also be due fo r other types of revenues besides those used to pay <br />debt service on existing capital facilities. Section 46-143(d)(2) states that another factor that shall be <br />considered is the Ñavailability of other funding for public facility capital improvements, including but <br />not limited to user charges, taxes, bonds, inter governmental transfers, and special taxation or <br />assessments ...Ò Also, Section 46-141 defines Ñpropor tionate shareÒ to mean Ñthe portion of total public <br />facility capital improvement costs that is reasonably a ttributable to a development, less: (1) Any credits <br />for past or future payments, adjusted to present va lue, for public facility capital improvement costs made <br />or reasonably anticipated to be contributed by a developer in the form of user fees, debt service <br />payments, taxes, or other payments...Ò <br />Aside from debt service payments, credit against impact fees may not be re quired for other types of <br />funding that have historically been used for growth -related, capacity-expanding improvements, or which <br />may even be committed to be spent in the future for such purpose <br />contribute toward such funding, so does existing development, and both existing and new development <br />benefit from the higher level of service that the additional fun <br />historical capacity funding patterns must be contin ued after the adoption of impact fees, and that new <br />development is entitled to a credit for its contribution to thos <br />local governments cannot require Ñgrowth to pay for growthÒ unless they have always done so. Local <br />funding that is committed to be used for capacity expansion in t <br />only in cases where there is no reasonable need for or benefit from higher levels of service than the <br />existing level of service embodied in the impact fee calculations. As long as the fees are based on new <br />development paying to maintain existing levels of se rvice that have been paid for in full by existing <br />development, and additional funding can reasonably be used to raise the level of service for existing and <br />new development alike, no additional revenue cred its are warranted. Nevertheless, credit will be <br />provided in this study for dedicated revenue (e.g., motor fuel t <br />improvements) and State and Federal grants. <br />HawaiÓiÔs statute is one of only a ha ndful of state enabling acts that re quire credit for past property tax <br />payments. Section 46-143(d)(5) states that the Ñex tent to which a developer required to pay impact fees <br />has contributed in the previous five years to the cost of existing public facility capital improvements and <br />received no reasonable benefit therefrom, and any cr edits that may be due to a development because <br />of such contributionsÒ shall be taken into consideration in the impact fee calculation. And the defin <br />of Ñproportionate shareÒ cited above makes clear that this refers not just to developer exactions, but also <br />to past property tax payments. Prior to developmen t, the owners of a vacant parcel of land paid <br />property taxes that may have been used, in part, to construct ca <br />impact fees are being assessed. Consequently, it will be necessary to reduce impact fees by the present <br />value of property tax payments over the last five years that were used to construct existing capital <br />facilities of the type for which the fees are being charged. <br />H Ó C \I N A ÐI F S September 19, 2006, Page 13 <br />AWAI I OUNTY NFRASTRUCTURE EEDS SSESSMENT MPACT EE TUDY <br /> <br />