Draft Ord_Bill 324_Hoffmann_2008COM 1329 015 2006-2008

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AN ORDINANCE AMENDING THE AWAIT COUNTY CODE 1783 (2005 EDITION, S AMENDED), BY ADDING A NEW CHAPTER RELATING TO IMPACT FEES. BE IT ORDAINED BY THE COUNCIL of THE COUNTY OF H WADI: SECTION 1. The Hawaii County Code 1953 (2005 Edition, as amended), is amended by adding a new chapter to be appropriately designated and to read as follows: "CHAPTER 3, IMPACT FEES. Article 1. General Provisions, Section 36 -1. Findings and purpose. New developments and construction, whether they be resorts, residential dwellings, commercial or industrial units, have substantial impacts on the quality of life, social welfare, and environment in Hawal`i County. The purpose of an impact fee is to ensure that the person or persons responsible for impact - generating developments and construction near a proportionate share of the cost of improvements to Ha.wa.i" i County's public facilities necessitated by such developments and construction, including major roadway, park, fire/emergency medical service (EMS), police, solid waste, and wastewater facilities. The creation of an impact fee system would enable the County to impose a more proportionate share of the costs of required system improvements, based on the County's General Plan and Community Development Plans, on the developments that create the need, as well as assure that the development that pays each fee will receive a corresponding benefit within a reasonable period of time after the fee is paid. The authority to impose impact fees is granted to counties by the Hawaii Revised Statutes, section 46 -141 through 46 -145. Section 3 -2. Definitions, As used In this chapter, unless otherwise specified: "Applicant" means the applicant for final plan approval, final subdivision approval, a building permit or a connection to the wastewater system for which an impact fee is due pursuant to the provisions of this chapter. "Community development plan" means a county comprehensive Plan for an area within the County adopted by ordinance pursuant to. section 15.1 of the General Plan. "Dwelling unit" means any separate or attached unit that is designated to function as a separate residential unit, such as where the unit contains separate bathroom and kitchen facilities. "Equivalent dwelling unit (EDU) means a measurement of the impact of a typical single-family dwelling. A typical single- family detached dwelling unit represents, on average, one EDU. "Fair share" means a condition of zoning enacted prior to this ordinance which requires payment of fees, based on the extent of the development allowed, for roads, parks, police, fire, or solid waste facilities, or any combination of these facilities. It may also allow a developer to provide land or facilities in lieu of paying the fair share fee. "Fire/EMS facilities" means land, buildings, vehicles and capital equipment owned by the County and used for providing fire and emergency medical services, including fire stations,