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Infrastructure and Public Facility Needs Assessment St udy – Ordinance Issues Memorandum, March 1, 2006, page 2 <br />Lots in Older Subdivisions refers to lots that were created in the early 1950s and 1960s a <br />conform to present-day subdivision co de requirements. Many of thes e lots were created without County <br />facilities and services: they have private roads, which are often unpaved, no County water system, no <br />parks, police or fire substations in the vicinity, an d are on cesspool. A large number of these lots are <br />in the Puna and KaÓ u Districts. <br />Phase-In Period refers to the time between the date of or dinance adoption and the date the impact fees <br />go into effect. <br />Rational Nexus refers to the doctrine articulated by the courts for constitutionally-valid impact fees, <br />based on a Ñrational nexusÒ that must exist between the regulatory fee or exaction and the activity that <br />is being regulated. The standards set by court ca ses generally require that an impact fee or other <br />developer exaction meet a two-part test: (1) the need for new fa <br />development; and (2) the expenditure of impact fee revenues must provide benefit to the fee-paying <br />development. <br />State Enabling Act refers to Chapter 46, § 141 to148 of HawaiÓi Revised Statutes, which was passed <br />by the Legislature in 1992 and authorizes counties to assess, impose, levy and collect impact fees upon <br />conducting a facility needs assessment study and the adoption of an impact fee ordinance. <br />13276 research blvd , ste 208 austin tx 78750 phone 512 258 7347 fax 512 258 9994 email clancy@duncanplan.com <br /># # # # <br />