Impact Fee Ord_Duncan Draft_ 9_15_06

Home

DRAFT impact fees shall run with the land. (b) The impact fees for roads, parks, fire/EMS, police and solid waste shall be determined and paid at the time of final plan approval or issuance of a building permit for the development, provided that for new single-family lots subdivided after the effective date of this chapter, such fees shall be paid at time of final subdivision approval. Wastewater impact fees shall be determined and paid at time of the purchase of a water meter for the development, unless no water meter is required, in which case the fees shall be paid prior to physical connection to the County’s wastewater line serving the property. Section 36-6. Exemptions. The following shall be exempt from the terms of this chapter. An exemption must be claimed at the time of application for a building permit. (a) A single-family detached unit on a lot for which impact fees had been paid at time of final subdivision approval shall be exempt from any increase in impact fees of the types already paid, but shall be subject to any new impact fees for additional facilities. (b) Alterations of an existing single-family detached dwelling unit where no additional dwelling units are created. (c) Replacement of a destroyed, partially destroyed or moved residential building or structure with a new building or structure of the same use, and with the same number of dwelling units and with a total gross floor area that does not exceed the size of the original building or structure. (d) Replacement of destroyed, partially destroyed or moved nonresidential building or structure with a new building or structure of the same use and not exceeding the gross floor area of the original building or structure. (e) Any development for which a completed application for a building permit was submitted prior to the effective date of this chapter, provided that the construction proceeds according to the provisions of the permit and the permit does not expire prior to the completion of the construction. (f) The impact fee administrator shall determine the validity of any claim for exemption pursuant to the criteria set forth in this chapter. (g) In order to promote the economic development of the County or the public health, safety, and general welfare of its residents, the County Council may agree to pay some or all of the impact fees imposed on a proposed development or redevelopment from other funds of the County that are not restricted to other uses. Any such decision to pay impact fees on behalf of an applicant shall be at the discretion of the County Council and shall be made pursuant to goals and objectives articulated by the County Council. Section 36-7. Fee determination. (a) Any person who commences an impact-generating development, except those exempted or preparing an independent fee calculation study, shall pay impact fees in accordance with the following fee schedule. [The County Council could choose to Draft Hawaii County Impact Fee Ordinance Duncan Associates, September 15, 2006, p. 5