Impact Fee Ord_Duncan Draft_ 9_15_06

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DRAFT Chapter 36 IMPACT FEES Section 36-1. Short title and applicability. (a) This ordinance shall be known and cited as the "Impact Fee Ordinance," and is referred to herein as "this chapter." (b) The provisions of this chapter shall apply to all of the territory within Hawaii County. Section 36-2. Intent. (a) The intent of this chapter is to ensure that impact-generating development bears a proportionate share of the cost of improvements to the County's major roadway, park, fire/emergency medical service, police, solid waste and wastewater facilities; to ensure that the proportionate share does not exceed the cost of providing facilities to the development that paid the fee; and to ensure that funds collected from impact- generating development are actually used to construct system improvements that serve such development. It is further the intent of this chapter to use impact fees to implement the County’s General Plan. (b) It is not the intent of this chapter to collect any money from any impact-generating development in excess of the actual amount necessary to offset demands generated by that development for improvements for which the fee was paid. (c) It is the intent of this chapter to utilize other non-impact fee funds to offset the impact on housing affordability. Section 36-3. Findings. The County Council of Hawaii County, Hawaii finds that: (a) The protection of the health, safety, and general welfare of the citizens of the County requires that the major roadway, park, fire/EMS, police, solid waste and wastewater facilities of the County be expanded and improved to meet the demands of new development. (b) The creation of an equitable impact fee system would enable the County to impose a more proportionate share of the costs of required improvements to the major roadway, park, fire/EMS, police, solid waste and wastewater facilities on those developments that create the need. (c) The needs assessment study, which sets forth reasonable methodologies and analyses for determining the impacts of various types of development on the County's major roadway, park, fire/EMS, police, solid waste and wastewater facilities, is hereby approved. (d) The impact fees described in this chapter are based on the needs assessment study, and do not exceed the costs of acquiring or constructing additional facilities or equipment required to serve the development that will pay the fees. (e) There is both a rational nexus and a rough proportionality between the development impacts created by each type of new development covered by this chapter and the Draft Hawaii County Impact Fee Ordinance Duncan Associates, September 15, 2006, p. 1