Impact Fee Ord_Duncan Draft_ 9_15_06

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DRAFT (d) If some offset is warranted, the amount of the offset shall be determined by the impact fee administrator based on the information supplied by the property owner. The amount of the offset shall be equal to the cost of the improvement, the fair market value of the land dedicated or the amount of the fair share payment, inflated to present value. (e) The offset shall be applied against the impact fees due for building permits issued on the property until the amount of the offset is exhausted or the development project for which the capital contribution was made is completed. In no case shall any offset be transferred from the development project for which the capital contribution was made. Section 36-14. Miscellaneous provisions. (a) Nothing in this chapter shall restrict the County from requiring the construction of reasonable project improvements required to serve the development project, whether or not such improvement are of a type for which credits are available under Section 36-12, Post-Ordinance Reimbursements. (b) The impact fee administrator shall maintain accurate records of the impact fees paid, including the name of the person paying such fees, the project for which the fees were paid, the date of payment of each fee, the amounts received in payment for each fee, and any other matters that the County deems appropriate or necessary to the accurate accounting of such fees. Records shall be available for review by the public during normal business hours andwith reasonable advance notice. (c) Annually, the impact fee administrator shall present to the County Council a proposed capital improvements program that shall assign monies from each impact fee fund to specific projects and related expenses for eligible improvements of the type for which the fees in that fund were paid. Any monies, including any accrued interest, not assigned to specific projects within such capital improvements program and not expended pursuant to Section 36-11, Refunds, or Section 36-12, Post- Ordinance Reimbursements, shall be retained in the same impact fee fund until the next fiscal year. (d) If an impact fee has been calculated and paid based on a mistake or misrepresentation, it shall be recalculated. (1) Any amounts overpaid by an applicant shall be refunded by the impact fee administrator to the applicant within thirty (30) days after the acceptance of the recalculated amount, with interest since the date of such overpayment. (2) Any amounts underpaid by the applicant shall be paid to the impact fee administrator within thirty (30) days after the acceptance of the recalculated amount, with interest since the date of such underpayment. (3) In the case of an underpayment to the impact fee administrator, the County shall not issue any additional permits or approvals for the project for which the impact fee was previously underpaid until such underpayment is corrected, and if amounts owed to the County are not paid within such thirty (30) day period, the County may also rescind any permits issued in reliance on the previous payment of such impact fee. Draft Hawaii County Impact Fee Ordinance Duncan Associates, September 15, 2006, p. 18