Impact Fee Ord_Duncan Draft_ 9_15_06

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DRAFT and one county-wide benefit zone. The sub-area benefit zones shall consist of the following aggregations of judicial districts: (1) 1-North Kohala/South Kohala; (2) 2-North Hilo/South Hilo and Hamakua; (3) 3-Puna/Kau; and (4) 4-North Kona/South Kona. (c) Within the wastewater impact fee account, there are hereby created five sub- accounts, corresponding to the five County wastewater systems, as follows: (1) 1-Kealakehe; (2) 2-Kapehu; (3) 3-Kulaimano; (4) 4-Papaikou; and (5) 5-Hilo. (d) With the exception of solid waste and wastewater impact fees, up to 20 percent of the impact fee revenues collected within a benefit zone may be used to fund improvements located outside the benefit zone in which the fees were collected, provided that the County Council makes a finding that the improvement will provide significant benefit to new development in the collecting zone. For solid waste impact fees, the percentage shall be 40 percent. Wastewater impact fee revenues shall be placed in the sub-area account corresponding to the wastewater system to which the fee payer is connected, and shall be spent only for improvements to that wastewater system. (e) Each account shall contain only those impact fees collected pursuant to this chapter for the type of facility reflected in the title of the account plus any interest that may accrue from time to time on such amounts. Any accrued interest shall be subject to the same restrictions as other funds in the account. (f) Monies in each impact fee account shall be considered to be spent in the order collected or accrued, on a first-in/first-out basis. (g) The monies in each impact fee account shall be used only for the following: (1) To acquire or construct system improvements of the type reflected in the title of the account; (2) To pay debt service on any portion of any current or future general obligation bond or revenue bond that was used to create capacity of the type reflected in the title of the account that will be available to serve development occurring after the effective date of this chapter; (3) As described in Section 36-11, Refunds; or Draft Hawaii County Impact Fee Ordinance Duncan Associates, September 15, 2006, p. 15