HomeMy WebLinkAboutBIL 178 Draft 01 1992-1994 COiJ1~~Y O~ ~IAVV.I ~~T OF I~~~VAII
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AN ORDINANCE AMENDING THE HAWAII COUNTY CODE 1983, BY ADDING A NEW
CHAPTER ADOPTING A UNIFIED IMPACT FEE CODE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The Hawaii County Code 1983 is amended by adding a
new chapter to be appropriately numbered and to read as follows:
"Chapter
Article 1. General Provisions.
Section -1. Title. This ordinance shall be known and may
be cited as the 'Impact Fee Code.'
Section -2. Definitions.
(a) Whenever used in this Chapter, the following words and
phrases, unless the context otherwise requires, shall be defined
as follows:
(1) 'Capital improvements' means the planning, financing,
acquisition, and development of public facilities covered by this
Ordinance including the costs of land, construction, engineering,
administration, and legal and financial consulting fees, but does
not include routine or periodic maintenance.
(2) 'County General Plan' means the plan adopted by the
County for the guidance of growth and improvement of the County,
including modifications or refinements which may be made from time
to time.
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(3) 'Developer' means an owner or other person or legal
entity with written authorization from the owner who intends to
improve or to construct any improvements upon his property. The
term shall also mean a subdivider.
(4) 'Double Family Residential' means a dwelling unit in
a structure containing only two dwelling units. For the purpose
of applying impact fees each dwelling unit in a double family
residential structure shall be treated the same as a single family
dwelling.
(5) 'Dwelling' means a building or part thereof designed
for or used for residential occupancy or both and containing one
or more dwelling units.
(6) 'Dwelling unit' means one or more rooms designed for
or containing or used as the complete facilities for the cooking,
sleeping and living area of a single family only and occupied by
no more than one family and containing a single kitchen.
(7) 'Fee payer' means a person commencing new development
as defined herein.
(8) 'Immediate family' means the family of the applicant
in the first degree, meaning parents, children, siblings and
spouses.
(9) 'Impact analysis' means the study upon which the
calculation of impact fees are based which demonstrates that new
development has generated a need for capital improvements and that
such capital improvements will benefit such new development.
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(10) 'Impact fee' means the fee to be paid by new
development as its fair share of the cost of capital improvements,
the need for which has been determined according to an impact
analysis and which fee shall be calculated according to this
Ordinance.
(11) 'Independent impact analysis' means the traffic
engineering and/or economic documentation prepared by a fee payer
to allow determination of the impact fee other than by use of the
fee schedule provided in this Ordinance.
(12) 'Median family income' means the annual family
income of the island of Hawaii as established and periodically
adjusted by the department of housing and urban development (HUD).
(13) 'New development' means any development,
construction, or installation that results in real property
improvement or which requires a building permit.
(13) 'Person' means an individual, firm, partnership,
company, corporation, association, syndicate, or any legal entity
including any trustee, receiver, assignee, or other similar
representative thereof.
(14) 'Principal residence' means the dwelling unit
occupied more than fifty percent of the time by the applicant or
by the applicant's immediate family and attested to in a dwelling
unit agreement filed with the Bureau of Conveyances.
(15) 'Road improvements' means the planning, acquisition,
engineering, construction, or expansion of any road facilities
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including any widening, intersection improvement, signalization,
or other capital improvement designed to increase a road's
capacity.
{16} 'Sanitary landfill' means a land site on which
engineering principles are utilized to bury deposits of solid
waste without creating a nuisance or hazard to public health or
safety.
(17) 'Sewage' means a combination of the water-carried
wastes from residences, business buildings, institutions, and
industrial establishments.
(18) 'Sewer system' means all facilities for collecting,
pumping, treating, and disposing of sewage.
(19) 'Single family dwelling' means a building containing
only one dwelling unit.
(18) 'Subdivision' means the division of land or the
consolidation and resubdivision into two or more lots for the
purpose of transfer, sale, lease, or building development, and
when appropriate to the context, shall relate to the process of
dividing land. The term does not include actions which do not
increase the number of lots.
Section -3. Findings and Purpose.
(a) The Hawaii County Council has determined:
(1) That the rapid rate of new growth and development in
the County is creating the need for capital improvements to public
facilities for sewer, roads, parks, police and fire protection,
and sanitary landfills/solid waste.
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(2) That land development shall not be permitted unless
adequate capital facilities and capital improvements exist or are
assured.
(3) That adequate sewer disposal systems are vital to
safeguard public health and that there is an increasing need to
create a better system.
(4) That adequate sewer treatment facilities are
essential prerequisites for new development.
(5) That the County of Hawaii is faced with an increasing
demand for the development of new transportation facilities and
systems due to population growth and increased car ownership.
(6) That the County of Hawaii is faced with an increasing
demand for the development of new park areas and recreational
space due to increasing density of urbanization.
(7) That programmed improvement of existing parks and
recreational space as well as additional parks and recreational
space should be encouraged.
(8) That fire stations and police stations are necessary
to serve the individual citizen in his desire to enjoy the
protection of his rights and his property.
(9) That it is the goal of the County of Hawaii to
provide police and fire stations that effectively serve community
needs.
(10) That sanitary landfills/solid waste facilities have
a significant impact upon the health, aesthetic, and land use
characteristics of new development.
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(11) That the levying of impact fees and dedication
requirements is a means of providing adequate infrastructure for
developing areas, helping implement the goals and policies
articulated in the Hawaii County general plan and insuring that
current service standards are maintained.
(12) That due to population growth generated by increased
land development, the need for the public facilities identified
above is increasing at a rate which exceeds the County's ability
to provide them with its current and traditional sources of funds.
(b) Therefore it is the purpose of this ordinance to:
(1) Promote the health, safety, and general welfare of
the people of the County of Hawaii and to enable the County to
better accommodate orderly growth and development; and
(2) To provide for the imposition and collection of an
impact fee upon all new development within the County to serve the
demands for capital facilities and public improvements.
(3) To insure that new development contribute its
proportionate share of the cost of capital expenditures necessary
to provide public facilities and infrastructure the construction
of which has a rational nexus to the proposed development.
Section -4. Applicability of County General Plans. This
chapter shall be applied and administered within the framework of
the Hawaii County General Plan which is a long range,
comprehensive, general plan intended to guide the overall future
development of the County.
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Section -5. Authority.
(a) This Ordinance is adopted pursuant to Article VIII of the
Hawaii Constitution granting the County the power to adopt a
charter for its own self-government and pursuant to the authority
granted by Chapters 46, 61, and 62 of the Hawaii Revised Statutes
setting forth the general powers of the counties, and to the
Hawaii County Charter, Article III, Section 3-16, which provides
that the County shall adopt a general plan setting forth the
County Council's policy for long-range comprehensive physical
development of the County and specifically subsection (a) thereto
providing that the Council shall enact ordinances necessary to
carry out the purposes of the general plan.
(b) This Ordinance is further authorized by Chapter 226, Part
II, of the Hawaii Revised Statutes requiring the formulation and
implementation of county general plans.
Section -6. Applicability.
(a) The provisions of this Chapter shall apply to all new
development as defined in Section 2 of this Ordinance that is
found to generate the need for capital facilities for sewer,
roads, parks, police and fire protection, and sanitary
landfills/solid waste as determined by the corresponding sections
of this Code. If such new development does not generate the need
for capital facilities in one or more of these areas of need, then
no impact fee payment shall be required to meet that area of need
as provided for in (c) below.
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(b) This chapter shall be construed to complement the
improvements and dedications required by the sewer code,
subdivision control code, and zoning code. This chapter adds
additional requirements and is not intended to supplant other code
provisions, rules, and regulations.
(c) This Chapter shall not apply to:
(1) Alterations or expansion of an existing dwelling unit
where no additional units are created and the use is not changed.
(2) The construction of accessory buildings or structures
which will not increase the traffic counts or generate impacts
above those already associated with use of the principal building
or of the land.
(3) The replacement of a destroyed or partially destroyed
building or structure with a new building or structure of the same
size and use consistent with other provisions of the Hawaii County
Code, provided a building permit for the replacement
structure is applied and approved within five (5) years from the
date of destruction.
(4) Any claim of exemption from the payment of fees must
accompany the application for a building permit. Otherwise, the
claim shall be deemed waived by the applicant.
(d) For applicants who do not meet the provisions of
subsection (c) above, an impact fee exemption may be applied for
under the following provisions:
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(1) Impact fee for building permit applicants whose
income is 140% or less of median family income for the
County of Hawaii shall be deferred, provided that the dwelling
unit which is the subject of such deferral shall not be sold to a
non-immediate family member for a period of ten (10) years.
(2) Notwithstanding the above provisions, building permit
applicants who meet the definition of 'low income' or 'very low
income' as defined by the office of housing and community
development for the County of Hawaii shall be automatically exempt
from paying the impact fee.
(3) The planning department in consultation with the
office of housing and community development shall be responsible
for certifying the eligibility or non-eligibility of applicants
under the provisions stated above and shall develop rules and
procedures to certify the eligibility of applicants for impact fee
deferrals or exemptions.
Section -7. Independent Impact Analysis.
(a) Applicable impact fee or fees may be computed by an
independent impact analysis at the option and expense of the fee
payer.
(b) Section -11(e) specifies the department heads and
departments which administer each impact fee.
(c) The person who prepares the proposed independent impact
analysis for the fee payer shall be a qualified professional and
shall be approved by the department head who administers the fee.
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This study shall be consistent with the methodologies and formats
contained in the Impact Fee Technical Pricing Report, as approved
by the responsible department head(s) cited in Section -11(e)
of Article 1.
(d) Thirty days after the receipt of the independent
analysis, the appropriate department head, as required by
Section -11(e), shall review and render a written decision
whether the fee should be adjusted, and if so, by what amount and
the basis for the decision.
Section -8. Segregation of Funds. (a) Impact fees for
sewer, roads, parks, police and fire protection, sanitary
landfills/solid waste collected pursuant to this ordinance shall
be placed in separate trust accounts for each impact district from
which the fee was collected as shown by the attachments and
further segregated by type of public facility or capital
improvement to be funded.
(b) The Director of Finance shall keep an adequate accounting
for each account showing the source and disbursement of all fees
collected.
Section -9. Use of Funds.
(a) Funds collected from impact fees shall be used for the
acquisition, expansion, and improvement of capital facilities,
including but not limited to, land acquisition, design,
construction, and equipment acquisition, for the benefit of the
impact fee district which was the source of the fee.
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(b) The impact fee benefit districts for Roads and Parks are:
District l: North and South Kohala, North and South Kona
District 2: Hamakua, North and South Hilo
District 3: Puna and Kau
(c) The impact fee benefit districts for Fire, Police, and
Solid Waste are:
District 1: North and South Kohala, North and South Kona
District 2: Hamakua, North and South Hilo, Puna and Kau
(d) The impact fee benefit districts for Sewers are as defined
by the service areas of the respective sewer systems as adopted by
the County Council.
(e) Fees in each account and any interest earned shall be
spent solely for the purposes specified for funds of each account.
(f) Funds shall be used exclusively for financing directly or
as a pledge against bonds or other obligation of indebtedness for
the cost of capital improvements as specified herein, so long as
the proceeds raised thereby are or have been used for the purposes
specified for each fee. These funds may be used in combination
with other revenue sources as may be necessary provided that the
impact fee funds are used for the purposes specified for each
respective fee.
Section -10. Refund of Fees Paid. (a) If a building
permit expires, is revoked, or is voluntarily surrendered and is,
therefore voided, and no construction or improvement of land has
commenced, then the fee payer shall be entitled to a refund of
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impact fees paid as a condition of issuance except that six percent
(6 shall be retained as an administrative fee to offset the cost
of processing the refund.
(b) The impact fees for capital facilities or public
improvements authorized by this chapter must be spent within six
years from the date of receipt. Any funds not expended or
encumbered within the specified years shall be returned to the fee
payer.
(c) The Finance Director shall be the administrator of the
impact fee monitoring and refunding after said fees are paid.
Section -11. Alternatives in Lieu of Fees. (a) The impact
fee shall be reduced to the extent that the developer makes capital
improvements or dedications in one of the following six areas:
sewer, roads, parks, police and fire protection, and solid waste as
provided for below. The improvements for which credit will be
allowed are limited to those types of improvements upon which the
level of service standard for the respective impact fee is based.
(b) No credit shall be given for:
(1) Driveways or access roads serving the site development;
(2) Channelization or signalization of driveways or access
roads with the connecting county or state road facilities;
(3) Other facilities or requirements necessary to mitigate
on-site impacts of the project provided further that credit will be
allowed only for those types of improvements upon which the level
of service standard for the respective impact fees are based.
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(c) Credits are of two types of improvements:
(1) Voluntary: Credits for improvements and land shall be
given provided that the impact fee payer first voluntarily proposes
to provide the improvements or land for credit and that the
appropriate county representative, as identified in section
-(11)(e), deems it acceptable.
(2) Mandatory or Required: All mandatory or required
improvements made by a fee payer, except for improvements
identified in (b) above, shall be credited against the respective
impact fee otherwise due or to become due for the development.
(d) The impact fee shall be reduced by an amount equal to the
value of the improvements constructed and dedicated which are not
otherwise reimbursed to the fee payer. The value of capital
facilities or public improvements constructed and dedicated by a
developer and accepted by the County shall be determined by the
County based on the current value of the improvement multiplied by
a factor of 1.1. An appraisal prepared by an appraiser chosen with
the consent of the appropriate department head, as identified in
Section -11(e), may be submitted to the County by the fee
payer for informational purposes.
(e) The following persons are authorized to accept the
improvement or dedication on behalf of the County and to reduce
amounts of impact fees due under this ordinance (where several
persons are listed, each must agree to the improvement or the
dedication and the amount of the reduction, if any, before the
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respective fee shall be reduced) based on the determination of the
value of the contributions made:
Type of Improvement Represen~a~..ives That Mav
or Dedication Accept and Reduce Impact Fee
Sewer Chief Engineer of the Department of
Public Works & Planning Director
Roads Chief Engineer of the Department of
Public Works & Planning Director
Parks Parks and Recreation Director &
Planning Director
Police Chief of Police & Planning Director
Fire Fire Chief & Planning Director
Solid Waste Chief Engineer of the Department of
Public Works & Planning Director
(f) No credit shall exceed the amount of the applicable
component of the fee against which it is to be credited, except as
provided below. Should the value of capital facilities or public
improvements provided be less than the amount of impact fee
calculated under the appropriate section in this ordinance, the
developer shall pay the difference in cash in that amount to the
County prior to the issuance of a building permit.
(g) Should the value of the mandatory or required facility or
public improvement exceed the amount of impact fee calculated
under the appropriate section of this ordinance, the County may,
at its discretion enter into a development agreement or other
appropriate mechanism to reimburse the fee payer for all or part
of the excess value of the capital improvement.
(h) No credit shall be given in lieu of impact fees for those
on-site or improvements made adjacent to the development, which
are required by existing code provisions.
Section -12. Appeals to the board of appeals. Any
person aggrieved by the decision of the persons identified in
Section -11(e) in the administration or application of this
chapter, may, within thirty days after the Planning Director's
decision, may appeal the decision to the board of appeals. The
board of appeals may affirm the decision of the Planning Director,
or it may reverse or modify the decision if the decision is:
(a) In violation of this chapter or other applicable law; or
(b) Clearly erroneous in view of the reliable, probative, and
substantial evidence on the whole record; or
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(c) Arbitrary, or capricious, or
characterized by an abuse of discretion or clearly unwarranted
exercise of discretion.
Section -13. Relationship to Other Provisions of the
Hawaii County Code.
Notwithstanding any other provisions of the Hawaii County Code
to the contrary, including those previously established as
conditions of approval of change of zone ordinances, the
satisfaction of the requirements of the Impact Fee Code shall be
in accordance with the requirements contained herein.
Section -14. Rules of Construction. (a) The provisions
of this ordinance shall be liberally construed so as to
effectively carry out its purpose in the interest of the public
health, safety, and general welfare.
(b) Words used in the present tense shall include the future;
and words used in the singular number shall include the plural,
and the plural the singular, unless the context clearly indicates
the contrary.
Article 2. Sewer Impact Fee.
Section -1. Authority.
(a) The Hawaii County Council has authority to adopt a sewer
impact fee pursuant to Sections 61-2(3), 61-2(5), and 62-34(7) of
the Hawaii Revised Statutes granting general powers to the
counties and Sections 64-93(2) and 64-95 of the Hawaii Revised
Statutes governing the operation of the Department of Public Works
of the County of Hawaii.
(b) This article is intended to implement and be consistent
with the Hawaii County General Plan and the community development
plans and functional plans adopted pursuant to the General Plan.
Section -2. Calculation of Fee.
(a) The amount of each sewer impact fee levied and collected
shall be based upon reasonable and uniform considerations of
capital costs of the sewer system facilities and improvements to
be incurred by the County as a result of new development and shall
bear a rational relationship to such capital costs. Such fees
shall be based upon reasonable classifications and rates which
shall be uniformly applied to all members of a class.
(b) In no case shall the fee charged to the fee payer
exceed the cost of capital facilities and improvements for a sewer
system benefiting the new development which paid the fee.
(c) The fees shown on the schedule shall include a five
percent discount to encourage the use of the schedule and to
reduce the administrative time for processing of independent
impact analyses.
(d) The sewer impact fee schedule shall be determined by
the Department of Public Works after consultation with the
Planning Department. The fee schedule shall be consistent with
sewer system needs determined according to the Development Impact
Fee Pricing Technical Report dated August 1990. The fee shall be
based upon the relative impact of various developments on the need
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for sewer facilities. If the development includes fractional
units, the fee shall be computed to the appropriate fraction. If
the development replaces another use, for which impact fees were
not paid, within one year from the date of termination of the
prior use, the fee that would have been required for the prior use
shall be subtracted from the fee otherwise due. If the prior use
had paid an impact fee that amount shall be subtracted from the
fee otherwise due.
(e) If a building permit is requested for a building with
mined uses, then the fee shall be determined through using the
subsequent schedule by apportioning the space committed to uses
specified on the schedule.
(f) If the type of development activity for which a
building permit is applied is not specified on the fee schedule,
the Chief Engineer of the Department of Public Works shall use the
fee applicable to the most nearly comparable type of land use
listed.
(g) Nineteen hundred ninety (1990) shall be designated as
the base year for the schedule of fees. Subsequent fee schedules
shall be adjusted annually for inflation by the Department of
Public Works based upon the percentage increase in the Consumer
Price Index (CPI).
(h) The revised schedule of fees will be available at the
Planning Department, and these annual adjustments shall continue
until the County Council changes the base year by initiating
another impact fee technical report.
(i) If a fee payer opts not to have the impact fee
determined according to the fee schedule of this section, then the
fee payer shall follow the procedure in Article 1, Section -7,
for submitting an independent impact analysis.
Schedule I: Sewer Impact Fees
Development Type Sewer Ares Fee
Single-family Hilo ~1,896.98/unit
residential Kailua $3,759.94/unit
All Others Hilo $ 8.77/gallon
Kailua X13.43/gallon
Section -3. Payment of Fee.
(a) The sewer impact fee shall be paid to the Director of
Finance prior to the issuance of any building permit. The
obligation to pay the fee shall run with the land.
Article 3. Road Impact Fee.
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Section ~-1. Authority.
(a) The Hawaii County Council has authority to adopt a road
impact fee pursuant to Chapters 46, 61, and 62 of the Hawaii
Revised Statutes setting forth the general powers of the County,
and pursuant to Chapter 265A granting counties control on County
highways.
(b) This Article is intended to implement and be consistent
with the Hawaii County General Plan and with the community
development plans and functional plans adopted pursuant to the
General Plan.
Section -2. Calculation of Fee.
(a) The amount of each road impact fee levied and collected
shall be based upon reasonable and uniform considerations of
capital costs of the road system facilities and improvements to be
incurred by the County as a result of new development and shall
bear a rational relationship to such capital costs. Such fees
shall be based upon reasonable classifications and rates which
shall be uniformly applied to all members of a class.
(b) In no case shall the fee charged to the fee payer exceed
the cost of capital facilities and improvements for a road system
benefiting the new development which paid the fee.
(c) The fees shown on the schedule shall include a five
percent discount to encourage use of the schedule and to reduce the
administrative time for processing of independent impact analyses.
(d) The road impact fee schedule shall be determined by the
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Department of Public Works after consultation with the Planning
Department. The fee schedule shall be consistent with road system
needs determined according to the Development Impact Fee Pricing
Technical Report dated August 1990. The fee shall be based upon
the relative impact of various developments on the need for road
facilities. If the development includes fractional units, the fee
shall be computed to the appropriate fraction. If the development
replaces another use, for which impact fees were not paid, within
one year from the date of termination of the prior use, the fee
that would have been required for the prior use shall be subtracted
from the fee otherwise due. If the prior use had paid an impact
fee that amount shall be subtracted from the fee otherwise due.
(e) If a building permit is requested for a building with
mixed uses, then the fee shall be determined through using the
subsequent schedule by apportioning the space committed to uses
specified on the schedule.
(f) If the type of development activity for which a building
permit is applied is not specified on the fee schedule, the Chief
Engineer of the Department of Public Works shall use the fee
applicable to the most nearly comparable type of land use listed.
(g) Nineteen hundred ninety (1990) shall be designated as the
base year for the schedule of fees. Subsequent fee schedules shall
be adjusted annually for inflation by the Department of Public
Works based upon the percentage increase in the Consumer Price
Index (CPI).
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(h) The revised schedule of fees will be available at the
Planning Department, and these annual adjustments shall continue
until the County Council changes the base year by initiating
another impact fee technical report.
(i) If a fee payer opts not to have the impact fee determined
according to the fee schedule of this section, then the fee payer
shall follow the procedure in Article 1, Section ~-7, for
submitting an independent impact analysis.
Schedule I: Road Impact Fee
Development Type ni Fed Per Unit
Single-family residential dwelling unit $2,946.60
Double-family residential dwelling unit $2,946.60
Multi-family residential dwelling unit $1,861.45
Hotel/Motel room $5,597.54
Office
49,000 s.f and under 1,000 sq. ft. $5,352.10
50,000-99,999 s.f. 1,000 sq. ft. $4,475.25
100,000-149,999 s.f. 1,000 sq. ft. $4,028.75
150,000-199,999 s.f. 1,000 sq. ft. $3,737.10
200,000 s.f.& over 1,000 sq. ft. $3,358.05
Medical clinic/office 1,000 sq. ft. $11,269.57
Warehouse 1,000 sq. ft. $1,060.65
General Industrial 1,000 sq. ft. $2,098.88
Retail Shopping Center:
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49,999 and under 1,000 sq. ft. $9,960.31
50,000-99,999 s.f. 1,000 sq. ft. $8,742.41
100,000-199,999 s.f. 1,000 sq. ft. $7,702.16
200,000-299,999 s.f. 1,000 sq. ft. $6,974.46
300,000 and over 1,000 sq. ft. $6,830.06
Section -3. Payment of Fee.
(a) The road impact fee shall be paid to the Director of
Finance prior to the issuance of any building permit. The
obligation to pay the fee shall run with the land.
Article 4. Park Impact Fee.
Section -1. Authority.
(a) The Hawaii County Council has authority to adopt a park
impact fee pursuant to Hawaii Revised Statutes, Sections 46-4 and
46-6 setting forth the general powers of the counties to zone and
require dedications or in lieu fees for public parks, and
Section 226-61 mandating that each county adopt a general plan.
(b) This article is intended to implement and be consistent
with the Hawaii County General Plan and with the community
development plans and functional plans adopted pursuant to the
General Plan.
Section -2. Calculation of Fee.
(a) The amount of each park impact fee levied and collected
shall be based upon reasonable and uniform considerations of
capital costs of the improvement of the park system facilities to
be incurred by the County as a result of new development and shall
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bear a rational relationship to such capital costs. Such fees
shall be based upon reasonable classifications and rates which
shall be uniformly applied to all members of a class.
(b) In no case shall the fee charged to the fee payer exceed
the cost of capital facilities and improvements for parks
benefiting the new development which paid the fee.
(c) The fees shown on the schedule shall include a five
percent discount to encourage the use of the schedule and to reduce
the administrative time for processing of independent impact
analyses.
(d) The parks impact fee schedule shall be determined by the
Department of Parks and Recreation after consultation with the
Planning Department. The fee schedule shall be consistent with the
park system needs determined according to the Development Impact
Fee Pricing fiechnical Report dated August 1990. The fee shall be
based upon the relative impact of various developments on the need
for park facilities. If the development includes fractional units,
the fee shall be computed to the appropriate fraction. If the
development replaces another use, for which an impact fee was not
paid, within one year from the date of termination of the prior
use, the fee that would have been required for the prior use shall
be subtracted from the fee otherwise due. If the prior use had
paid an impact fee that amount shall be subtracted from the fee
otherwise due.
(e) If a building permit is requested for a building with
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mixed uses, then the fee shall be determined through using the
subsequent schedule by apportioning the space committed to uses
specified on the schedule.
(f) If the type of development activity for which a building
permit is applied is not specified on the fee schedule, the
Planning Director shall use the fee applicable to the most nearly
comparable type of land use listed.
(g) Nineteen hundred ninety (1990) shall be designated as the
base year for the schedule of fees. Subsequent fee schedules shall
be adjusted annually for inflation by the Planning Department based
upon the percentage increase in the Consumer Price Index (CPI).
(h) The revised schedule of fees will be available at the
Planning Department, and these annual revisions shall continue
until the County Council changes the base year by initiating
another impact fee technical report.
(i) If a fee payer opts not to have the impact fee determined
according to the fee schedule of this section, then the fee payer
shall follow the procedure in Article 1, Section for
submitting an independent impact analysis.
Schedule I: Park Impact Fee
Develgpment Tyne Uni Fee Per Unit
Single-family residential dwelling unit $3,316.31
Double-family residential dwelling unit $3,316.31
Multi-family residential dwelling unit $2,176.82
Hotel/Motel room $1,845.60
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Section ~-3. Payment of Fee.
(a) The park impact fee shall be paid to the Finance Director
at any time prior to the issuance of any building permit. The
obligation to pay the fee shall run with the land.
Article 5. Police Impact Fees.
Section -1. Authority.
(a) The Hawaii County Council has authority to adopt a police
impact fee pursuant to Chapters 46, 61, and 62 of the Hawaii
Revised Statutes granting general powers to the counties, and
Chapter 64 of the Hawaii Revised Statutes setting forth provisions
specific to the County of Hawaii.
(b) The Hawaii County Council is further authorized to adopt a
police impact fee pursuant to Article VI, Section 6-4.1, and
Article VII, Section 7-2.1, of the Revised Charter of the
County of Hawaii, establishing a police department.
(c) This Article is intended to implement and be consistent
with the Hawaii County General Plan and community development plans
and functional plans adopted pursuant to the General Plan.
Section ~ 2. Calculation of Fee.
(a) The amount of each police impact fee levied and collected
shall be based upon reasonable and uniform considerations of
capital costs of police facilities and improvements to be incurred
by the County as a result of new development, and shall bear a
rational relationship to such capital costs. Such fees shall be
based upon reasonable classifications and rates which shall be
uniformly applied to all members of a class.
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{b) In no case shall the fee charged to the fee payer exceed
the cost of capital facilities, equipment and improvements for
police protection benefiting the new development which paid the fee.
(c) he fees shown on the schedule shall include a five percent
discount to encourage the use of the schedule and to reduce the
administrative time for processing of independent impact analyses.
(d) The police impact fee schedule shall be determined by the
Police Department after consultation with the Planning Department.
The fee schedule shall be consistent with police and fire
protection needs determined according to the Development Impact Fee
Pricing Technical Report dated August 1990. The fee shall be based
upon the relative impact of various developments on the need for
police protection facilities. If the development includes
fractional units, the fee shall be computed to the appropriate
fraction. If the development replaces another use, for which an
impact fee had not been paid, within one year from the date of
termination of the prior use, the fee that would have been required
for the prior use shall be subtracted from the fee otherwise due.
If the prior use had paid an impact fee, that amount shall be
subtracted from the fee otherwise due.
(e) If a building permit is requested for a building with
mixed uses, then the fee shall be determined through using the
subsequent schedule by apportioning the space committed to uses
specified on the schedule.
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(f) If the type of development activity for which a building
permit is applied is not specified on the fee schedule, the
Planning Director shall use the fee applicable to the most nearly
comparable type of land use listed.
(g) Nineteen hundred ninety (1990) shall be designated as the
base year for the schedule of fees. Subsequent fee schedules shall
be adjusted annually for inflation by the Planning Department based
upon the percentage increase in the Consumer Price Index (CPI).
(h) The revised schedule of fees will be available at the
Planning Department, and these annual adjustments shall continue
until the County Council changes the base year by initiating
another impact fee technical report.
(i) If a fee payer opts not to have the impact fee determined
according to the fee schedule of this section, then the fee payer
shall follow the procedure in Article 1, Section -7, for submitting
an independent impact analysis.
Schedule I: Police Impact Fees
Development Type Uni Fee
Single-family residential dwelling unit $159.98
Double-family residential dwelling unit $159.98
Multi-family residential dwelling unit ~ 68.80
Hotel/Motel room ~ 0.00
Office
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49,000 s.f and under 1,000 sq. ft. $169.26
50,000-99,999 s.f. 1,000 sq. ft. $140.09
100,000-149,999 1,000 sq. ft. $130.74
150,000-199,999 s.f. 1,000 sq. ft. $125.97
200,000 s.f.& over 1,000 sq. ft. $122.87
Medical clinic/office 1,000 sq. ft. $ 89.74
Warehouse 1,000 sq. ft. $ 0.00
General Industrial 1,000 sq. ft. $ 0.00
Retail Shopping Center:
49,999 and under 1,000 sq. ft. $377.15
50,000-99,999 s.f. 1,000 sq. ft. $388.32
100,000-199,999 s.f. 1,000 sq. ft. $390.74
200,000-299,999 s.f. 1,000 sq. ft. $359.64
300,000 and over 1,000 sq. ft. $338.17
Section -3. Payment of Fee.
(a) The police impact fees shall be paid to the Director of
Finance prior to the issuance of any building permit. The
obligation to pay the fee shall run with the land.
Article 6. Fire Impact Fees.
Section -1. Authority.
(a) The Hawaii County Council has authority to adopt a fire
impact fee pursuant to Chapters 46, 61, and 62 of the Hawaii
Revised Statutes granting general powers to the counties, and
Chapter 64 of the Hawaii Revised Statutes setting forth provisions
specific to the County of Hawaii.
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(b) The Hawaii County Council is further authorized to adopt a
fire impact fee pursuant to Article VI, Section 6-4.1, and Article
VII, Section 7-2.1, of the Revised Charter of the County of Hawaii,
establishing a fire and police department.
(c) This Article is intended to implement and be consistent
with the Hawaii County General Plan and community development plans
and functional plans adopted pursuant to the General Plan.
Section -2. Calculation of Fee.
(a) The amount of the fire impact fee levied and collected
shall be based upon reasonable and uniform considerations of
capital costs of fire facilities and improvements to be incurred by
the County as a result of new development, and shall bear a
rational relationship to such capital costs. Such fees shall be
based upon reasonable classifications and rates which shall be
uniformly applied to all members of a class.
(b) In no case shall the fee charged to the fee payer exceed
the cost o£ capital facilities, equipment and improvements for fire
protection benefiting the new development which paid the fee.
(c) The fees shown on the schedule shall include a five
percent discount to encourage the use of the schedule and to reduce
the administrative time for processing of independent impact
analyses.
(d) The fire impact fee schedule shall be determined by the
Fire Department after consultation with the Planning Department.
The fee schedule shall be consistent with police and fire
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protection needs determined according to the Development Impact Fee
Pricing Technical Report dated August 1990. The fee shall be based
upon the relative impact of various developments on the need for
fire protection facilities. If the development includes fractional
units, the fee shall be computed to the appropriate fraction. If
the development replaces another use, for which an impact fee had
not been paid, within one year from the date of termination of the
prior use, the fee that would have been
required for the prior use shall be subtracted from the fee
otherwise due. If the prior use had paid an impact fee that amount
shall be subtracted from the fee otherwise due.
(e) If a building permit is requested for a building with
mixed uses, then the fee shall be determined through using the
subsequent schedule by apportioning the space committed to uses
specified on the schedule.
(f) If the type of development activity for which a building
permit is applied is not specified on the fee schedule, the
Planning Director shall use the fee applicable to the most nearly
comparable type of land use listed.
(g) Nineteen ninety (1990) shall be designated as the base
year for the schedule of fees. Subsequent fee schedules shall be
annually adjusted for inflation by the Planning Department based
upon the percentage increase in the Consumer Price Index (CPI).
(h) The revised schedule of fees will be available at the
Planning Department, and these annual adjustments shall continue
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until the County Council changes the base year by initiating
another impact fee technical report.
(i) If a fee payer opts not to have the impact fee determined
according to the fee schedule of this section, then the fee payer
shall follow the procedure in Article 1, Section -7, for submitting
an independent impact analysis.
Schedule I: Fire Impact Fees.
Development fiype Unit Fie Per Unit
Single-family residential dwelling unit $315.98
Double-family residential dwelling unit $315.98
Multi-family residential dwelling unit $211.63
Hotel/Motel room $ 83.59 Office
49,000 s.f and under 1,000 sq. ft. $280.27
50,000-99,999 s.f. 1,000 sq. ft. $249.28
100,000-149,999 s.f. 1,000 sq. ft. $239.35
150,000-199,999 s.f. 1,000 sq. ft. $234.29
200,000 s.f.& over 1,000 sq. ft. $230.99
Medical clinic/office 1,000 sq. ft. $274.26
Warehouse 1,000 sq. ft. $ 36.91
General Industrial 1,000 sq. ft. $ 34.26
Retail Shopping Center:
49,999 and under 1,000 sq. ft. $477.49
50,000-99,999 s.f. 1,000 sq. ft. $489.35
100,000-199,999 s.f. 1,000 sq. ft. $491.92
200,000-299,999 s.f. 1,000 sq. ft. $458.90
300,000 and over 1,000 sq. ft. $436.09
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c
Section -3. Payment of Fee.
(a) The fire impact fees shall be paid to the Director of
Finance prior to the issuance of any building permit. The
obligation to pay the fee shall run with the land.
Article 7. Sanitary Landfill/Solid Waste Impact Fee.
Section -l. Authority.
(a) The Hawaii County Council has the authority and
responsibility for the collection and disposal of solid waste and
the implied authority under this specific delegation of state
police power to adopt a solid waste disposal impact fee pursuant to
Hawaii Revised Statutes, Sections 340A-1 through 340A-3, inclusive.
(b) This Article is intended to implement and be consistent
with the Hawaii County General Plan and with the community
development plans and functional plans adopted pursuant to the
General Plan.
Section -2. Calculation of Fee.
(a) The amount of each sanitary landfill/solid waste impact
fee levied and collected shall be based upon reasonable and uniform
considerations of capital costs of landfills and other waste
disposal facilities incurred by the County as a result of new
development and shall bear a rational relationship to such capital
costs. Such fees shall be based upon reasonable classifications
and rates which shall be uniformly applied to members of a class.
(b) In no case shall the fee charged to the fee payer exceed
the cost of capital facilities and improvements for solid waste
disposal benefiting the new development which paid the fee.
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(c) The fees shown on the schedule shall include a five
percent discount to encourage the use of the schedule to reduce
the administrative time processing independent impact analyses.
(d) The sanitary landfill/solid waste impact fee schedule
shall be determined by the Department of Public Works after
consultation with Planning Department. The fee schedule shall be
consistent with sanitary landfill/solid waste system needs
determined according to the Development Impact Fee Pricing
Technical Report dated August 1990. The fee shall be based upon
the relative impact of various developments on the need for
sanitary landfill/solid waste disposal facilities. If development
includes fractional units, the fee shall be computed to the
appropriate fraction. If development replaces another use, for
which an impact fee had not been paid, within one year from the
date of termination of the prior use, the fee that would have been
required for the prior use shall be subtracted from the fee
otherwise due. If the prior use had paid an impact fee then that
amount shall be subtracted from the fee otherwise due.
(e) If a building permit is requested for a building with
mixed uses, then the fee shall be determined through using the
subsequent schedule by apportioning the space committed to uses
specified on the schedule.
(f) If the type of development activity for which a building
permit is applied is not specified on the fee schedule, the Chief
Engineer of the Department of Public Works shall use the fee
applicable to the most nearly comparable type of land use listed.
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(g) Nineteen hundred ninety (1990) shall be designated as the
base year for the schedule of fees. Subsequent fee schedules
shall be adjusted annually for inflation by the Department of
Public Works based upon the percentage increase in the Consumer
Price Index (CPI).
(h) The revised schedule of fees will be available at the
Planning Department, and these annual adjustments shall continue
until the County Council changes the base year by initiating
another impact fee technical report.
(i) If a fee payer opts not to have the impact fee determined
according to the fee schedule of this section, then the fee payer
shall follow the procedure in Article 1, Section -7, for
submitting an independent impact analysis.
Schedule I: Sanitary Landfill/Solid Waste Impact Fees
Development Tvpe Unit Fee Per Unit
Single-family residential dwelling unit $138.34
Double-family residential dwelling unit $138.34
Multi-family residential dwelling unit $ 94.32
Hotel/Motel room $ 40.87
Office
49,000 s.f and under 1,000 sq. ft. $121.47
50,000-99,999 s.f. 1,000 sq. ft. $108.51
100,000-149,999 s.f. 1,000 sq. ft. $104.36
150,000-199,999 s.f. 1,000 sq. ft. $102.24
200,000 s.f.& over 1,000 sq. ft. $100.86
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Medical clinic/office 1,000 sq. ft. $122.19
Warehouse 1,000 sq. ft. $ 17.19
General Industrial 1,000 sq. ft. $ 22.40
Retail Shopping Center:
49,999 and under 1,000 sq. ft. $233.64
50,000-99,999 s.f. 1,000 sq. ft. $246.64
100,000-199,999 s.f. 1,000 sq. ft. $249.45
200,000-299,999 s.f. 1,000 sq. ft. $213.27
300,000 and over 1,000 sq. ft. $188.29
Section -3. Payment of Fee.
(a) The sanitary landfill/solid waste impact fee shall be paid
to the Director of Finance prior to the issuance of any building
permit. The obligation to pay the fee shall run with the land."
SECTION 2. 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 3. This ordinance shall take effect u on its approval.
INTRODUC
Yom.,
CO IL MBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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