HomeMy WebLinkAboutBIL 057 Draft 01 2000-2002OFFICE INFORMATION ONLY
Meeting: Finance Committee — May 15, 2001
Action: Referred to the Environmental Management Director and Commission; never
taken up again.
Re: Bill 57; Comm. 212 (2000-2002 term)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 57
A BILL FOR AN ORDINANCE AMENDING CHAPTER 21 OF THE HAWAII
COUNTY CODE, 1983, AS AMENDED, RELATING TO SEWERS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The County of Hawaii owns and operates a sewer system
serving approximately 4,000 sewer accounts. Having received State funding for sewer
system improvements, the Council of the County of Hawaii finds that continued State
funding is desired to minimize the financial impact of sewer system improvements, the
County must adopt a capacity assessment for new development seeking to connect to the
County's sewerage systems. The Council also finds that it is appropriate and beneficial
that it recover certain costs incurred by the County associated with the installation of new
sewer connections from new customers connecting to the County's sewerage system.
SECTION 2. Chapter 2, article 1, of the Hawaii County Code, 1983 as amended,
is hereby amended as follows by adding the following to Section 21-2:
"Building" means any structure used or intended for supporting or sheltering any
use or occupancy.
"Building permit" means the official document or certificate required by Hawaii
CojM Code chapter 5.
"Capacity assessment"means the dollar amount to be paid b, awn applicant
connecting to the County's wastewater facilities as determined in accordance with
this chapter.
"Capacity Assessment Study" means the Capacity Assessment Study for the
County of Hawaii, Department of Public 'Works Wastewater Division, by R. W.
Beck, Inc., dated April , 2001.
"Development" means any man-made change to improved or unimproved real
prgpeM which shall include the construction, expansion, or erection of buildings
or structures, exclusive of any filling, excavation, or grading work.
"Director of Public Works" means the director of the Department of Public Works
of the County, or his authorized representative.
" Crpd" means gallons per day.
"Lot" means a parcel of land intended as a unit for transfer of ownership or for
development.
"Project flow" means the estimated wastewater discharge that will result from the
development or from the connection of existing facilities to the sewers std
Project flow estimates for residential developments shall be based upon standards
set forth in the Capacity Assessment Study. Project flow estimates for non-
residential developments shall be based upon standards set forth in the Capacity
Assessment Study or upon engineeringestimates submitted by the applicant and
ampproved by the Wastewater Division.
"Wastewater Division" means the wastewater division, County Department of
Public Works.
SECTION 3. Chapter 21 of the Hawaii County Code, 1983, as amended is hereby
further amended by adding a new article 6 to read as follows:
Article 6. Capacity Assessment
Section 21.47. Authority
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The Council of the County of Hawaii has authority to adopt a sewer capacity
assessment pursuant to Sections 27-21.6(5), 46-1.5(19) and 23), 46-20 and 265A-1 of the
Hawaii Revised Statutes granting sewer and wastewater system management and rate
making powers to the counties.
Section 21.48. Scope of Capacity Assessment
(aj For all applications for sewer service submitted after the effective date of
this article, the applicant shall be liable for the payment of a capacity
assessment, provided the applicant will be served directly or indirectly b�
the Count's sewer system.
For all applications for sewer service submitted after the effective date of
this article which will initially be served by either private individual
wastewater disposal systems or private wastewater treatment plants, the
applicant shall be subject to a deferred capacity assessment. Payment of the
deferred capacity assessment shall not be required until such time as
connection is actually made either directly or indirectly to the Count's
sewer system.
U Exemptions.
This article shall not apply to the Villages of La'i Opua or other previous
developments which have had similar assessments levied for sewer
ca aci .
Section 21.49. Calculation of Capacity Assessment
Ua New Applicant For Sewer Service.
W The applicant for sewer service on any existing vacant residential
zoned property shall pay a capacity assessment of $1.94 per gpd of
project flow for a minimum project flow of 320 gpd connected to the
County's sewer system. In the event that the project flow exceeds
320 gpd, a capacity assessment of $13.58 per gpd of project flow
shall be assessed for all project flow exceeding 320 gpd.
The applicant for sewer service on any vacant residential zoned
property that is created in accordance with County subdivision rules
and regulations after the effective date of this article shall pay a
capaci , assessment of $13.58 per gpd of project flow.
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All other applicants for sewer service which will be served either
directly or indirectly by the County's sewer system shall pay a
capacity assessment of $13.58 per gpd of project flow without
exception, including federal, state, county, charitable, religious or
other tax-exempt facilities.
The County is authorized at its sole discretion to confirm the actual
project flow of any applicant within three years from the date of
connection to the County sewer system and compare the actual
project flow with the estimated project flow upon which the capacity_
assessment was based. If the actual project flow exceeds the
estimated project flow upon which the capaciiy assessment was
based by greater than 25 percent, an additional capaci, assessment
shall be due from the owner. The additional capacity assessment
shall be calculated at a rate of $13.58 per gpd for the difference in
actual =project flow and the estimated project flow upon which the
original capacily assessment was based.
(b) Existing Buildings.
W All existing buildings which were being served either directly or
indirectly by the County's sewer system or by private individual
disposal systems or treatment plants, as of the effective date of this
article, shall pay a capacity assessment when connecting t� o the
County's sewer system as described in article 6, section 21.50(b)of
this chapter. The amount of the capacity assessment shall be $1.94
per gpd of project flow existing as of the effective date of this article.
Q The project flow existing ®as of the effective date of this article for
residential buildings shall be based on the number and We of
dwelling units on the effective date of this article.
W The project flow existing as of the effective date of this article for
non-residential buildings shall be based on water consumption data
as determined from the County Department of Water Supply records
or other estimate of project flow acceptable to the Wastewater
Division.
The owner of an existing residential or non-residential building shall
be liable for a capacity assessment based on the incremental increase
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in project flow associated with any enlargement of the existing
building or for any increase in the project flow, at a rate of $13.58
per gpd of project flow.
Section 21.50. Payment of Capacity Assessment
U New Applicants for Sewer Service. The capacity assessment shall be paid
to the Wastewater Division as a precondition to the issuance of a building
permit.
Existing Buildings.
W Those lots required to connect to the County's sewer system under
article 2, section 21-5 of this chanter shall pay the capacity
assessment to the Wastewater Division within one hundred twenty
calendar days after the lot owner has been notified to do so by the
Director of Public Works or State Department of Health.
An applicant for a building permit to enlarge any structure shall be
liable for a capacity assessment based on the incremental increase in
project flow associated with the enlargement project. The ca ap city
assessment shall be paid prior to the approval of a building_ permit.
An applicant for a building permit wishing to increase the project
flow when no increase in structure size is required shall be liable for
a capacity assessment based on the incremental increase in project
flow. The capacity assessment shall be paid prior to the approval of
a building permit.
(jc Upon payment of the assessment, the sewer system capaciiy paid for shall
be for the benefit of the development requiring such capacity, and shall not
be transferred, exchanged, sold, or otherwise conveyed.
Section 21.51 Disposition of Funds
One or more accounts shall be established to record all revenues from capacity
assessments. Expenditures from these accounts shall be restricted to sewer capital project
costs, including repayment of debt service.
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SECTION 4. Chapter 21 of the Hawaii County Code, 1983 as amended is hereby
further amended by adding a new Article 7 to read as follows:
Article 7 Connection Fee
Section 21.52. Scope of Connection Fee
All development that will be connected to the County sewer system shall be
subject to the provisions of this article.
(fib Those lots required under article 2, section 21-5 of this chapter to connect to
the County sewer system shall be subject to the provisions of this article.
Section 21.53 Calculation of Connection Fee
The connection fee shall be $160 per connection to the Countysewer system.
Section 21.54. Payment of Connection Fee
Ua New Applicants for Sewer Service. The connection fee shall be paid to the
Wastewater Division prior to the issuance of the permit to connect to the
sewer system required by article 2, section 21-5 of this chapter.
Existing Buildings.
W Those lots required to connect to the County sewer system under
article 2, section 21-5 of this chapter shall pay the connection fee to
the Wastewater Division within one hundred twenty calendar days
after the lot owner has been notified to do so by the Director of
Public Works or State Department of Health.
An applicant for a building permit to enlarge any structure shall be
liable for the connection fee associated with the enlargement project,
if the enlargement project results in additional sewer connections.
The connection fee shall be paid prior to the approval of a building
permit.
gel
Section 21.55. Disposition of Funds
The funds received from the collection of connection fees authorized by this
chapter shall be deposited with the director of finance, in the Fixed Costs Account of the
County Sewer Fund.
SECTION 5. New material is underscored. In printing this ordinance, the
underscoring need not be included.
SECTION 6. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end, the provisions of this ordinance are declared to
be severable.
SECTION 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCILMEMB , COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Effective Date:
FE 1GE� Contat. , ._ _21.2.....,--
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