Draft Ord_Bill 324_Hoffmann_2008COM 1329 015 2006-2008

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14. Bill 324, section 36-18(b) relating to "Pre- ordinance offsets" is amended to read as follows: "(b) When the payment of the fair sure or the acceptance of facilities or land in lieu of fair share was accepted by the County in complete satisfaction of the fair share requirement for a type of development, such as the residential or hotel units allowed within a project, no impact fees for that type of development in the project shall be assessed, provided that the number of units is not increased[ . However, impact fees shall be assessed against other impact- generating development for which no fair share was contributed." 15. Bill 324, section 36-18 relating to "Pre- ordinance offsets" is amended by adding a new subsection (f) to read as follows: "f The applicant shall bear the burden of roof that an impact fee credit is appropriate for a system imp,rvenent." 16. Bill 324, section 36-19(b)(1) relating to "Recalculation due to mistake or misrepresentation" is amended to read as follows: "(b) overpayments (1) Any amounts overpaid by an applicant shall be refunded by the impact fee administrator to the applicant within thirty days after the acceptance of the recalculated amount, with interest, determined by the impact fee fund administrator since the date of such overpayment." 17. Bill 324, section 36-24 relating to "Use of fees" is amended to add a new subsection (d) to read as follows (current subsection (d) and remaining subsections are to be re- lettered accordingly): 1!t Pursuant to section 4 -1440 Hawai`,i Revised Statutes,, within sip years of the elate of collection the impact fees shall be expended or encumbered for the construction of the public facifitv capital improvements for which they were collected." 18. The signature line of Bill 324 is amended to read as follows: -INTRODUCED BY: C ] COUNCIL MEMBER, COUNTY oP w If-I"