HomeMy WebLinkAboutBIL 178 Draft 02 1992-1994 _i ~
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COLTN~~ O~ AWE O~ ~~vV~I~
SILL NO. 178
(Draft 2 )
OF DINANCE NO.
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
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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. (bill 178 wording)
(2) `County General Plan' means the plan adopted
by the County which sets forth the Council' ~oli~y for the
long range comprehensive physical development of the County
and which serves as the guide [guidance] of growth and
improvement of the County, including modifications or
[refinements ] amendments which may be made from time to
time.
(3) `credits means the present value Qf past or
future_pa~ments or contributionsd including, but not limited
to, the dedication of land or construction of a public
facility made by~a developer toward the cost of existing or
future public facility capital improvements, except for
contributions or payments made under a development agreement
pursuant to section 46-143.
(Act 282)
[(3)] 4~ `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
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subdivider.
~5 `Development' means any artificial chance to
real propert~r that requires a grading or building permit as
ap~ropriatel including but not limited to, constructions
expansion, enlargement, alteration. or erection of buildings
or structures and which increases the density or intensity
of land uses. (Acf 282 + PD)
[(4)] (6~ `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)] j7~ `Dwelling' means a building or part
thereof designed for or used for residential occupancy or
both and containing one or more dwelling units.
[(6)] 8~,'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)] x.91 `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
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that new development has generated a need for capital
improvements and that such capital improvements will benefit
such new development.] (substitute with Act 282 definition
for `needs assessment study.)
(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.
lll) Impact fee benefit district' means a
eo ra hicall limited area or re ion within which im act
fees for a particular public facility may be imposedL
collected and expended and which shall be established
through ordinances. (needs further refinement to tie to
systems or categories of facilities.)
[(11)] 12 `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] through 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) `Needs assessment study' means a study that
determines the need for a public facilitx~ the cost of
development, and the level of service standards, and that
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proiects future public facility capital improvement needsl
provided that the study shall take into consideration and
incorporate the County General Plante relevant development or
community plans. (Act 282 with revisions)
[(13)] 14 `New development' means any
development, construction, or installation that results in
real property improvement or which requires a building
permit and which increases the density or intensity of use.
[(13)] 15 '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)] 16 'Road improvements' means the planning,
acquisition, engineering, construction, or expansion of any
road facilities including any widening, intersection
improvement, signalization, or other capital improvement
designed to increase a road's capacity.
[(16)] (17) `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)] 18 `Sewage' means a combination of the
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water°carried wastes from residences, business buildings,
institutions, and industrial establishments.
[(18)] 19 `Sewer system' means all facilities
for collecting, pumping, treating, and disposing of sewage.
[(19)] 20 , `Single family dwelling' means a
building containing only one dwelling unit.
[(18)) 21 `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 to not increase the number of
lots. (not clear)
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.
(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
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(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 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.
(11) That the levying of impact fees and
dedication of 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
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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
exceed 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 3-165, 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.
(c) This Ordinance is authorized by Chapter 46, Part
VIII, specifically~authorizin,~ the counties to establish
impact fees.
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
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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.
(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. (check
applicability of park dedication code)
(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 or 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
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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:
(1) Impact fee for building permit applicants
whose income is 149$ 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 state above
and shall develop rules and procedures t 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 Mll(e) specifies the department heads
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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. This study shall be consistent
with the methodologies and formats contained in the [Impact
Fee Technical Pricing Report] Needs Assessment Study, 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. Impact fee benefit districts.
(a) Geographical or recrional areas shall be
established as impact fee benefit districts for County
roads, narks, polices fires sewer and solid. waste /land fill
facilities, and as identified throuah a needs assessment
study.
lb~eBoundaries for the impact fee benefit districts
may be established according to facilities service areas,
1?lanned system capacity or judicial districts and may be
combined to include more than one facility.
(c) In establishing the impact fee benefit district,
the appropriate department head together with the Planning
Director and the Director of Finance shall identify a
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program of a capital improvements appropriate to the
benefit district and shall forward such a program, a needs
assessment study and map of the district boundaries to the
Counter Council for its adoption.
(d) The County Council may also initiate the
establishment of impact fee benefit districts as it finds
appropriate.
(el The needs assessment study and impact fee benefit
districts shall be adopted ~ ordinance with public hearings
within the judicial districts in which theme occur.
Section ~-8] ~9 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 fee benefit 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.]°10 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
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benefit of the impact fee district which was the source of
the fee.
[(b) The impact fee benefit districts for Roads and
Parks are:
District 1: 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)]~b Fees in each account and any interest earned
shall be spent solely for the purposes specified for funds
of each account as established through the adoption of the
impact fee benefit districts.
[(f)]~c1 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
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sources as may be necessary provided that the impact fee
funds are used for the purposes specified for each
respective fee.
Section [-10]-11 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 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. (consider variable years 10-15)
(c). Interest earned on returned funds shall be
retained by the County and extended within the impact fee
benefit district. (check whether this is legal, may interest
funds also transferred to the general fund?)
[(c)]~dl The Finance Director shall be the
administrator of the impact fee monitoring and refunding
after said fees are paid.
(e) Administrative rules establishing procedures for
refunding shall be adopted ~ the Director of Finance.
check with finance if this is okay)
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Section °11] 12 Alternatives in Lieu of Fees.
(a) The impact fee shall be reduced to the extent that
[the] a developer [makes] has made capital improvements or
dedications in one of the following six areas fc~r the parcel
on which the grading or building permit is being applied
for: sewer, roads, parks, police and fire protection, and
solid waste as provided 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. (what does this mean?)
(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 (what does this mean?)
(c) Credit [are of two types] may be liven for several
tvpes 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
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identified in section -[(11)]12(e), deems it
acceptable.
(2) Mandatory or Required: All mandatory or
required improvements made by a fee payer[,] or a developer
within the impact fee benefit district, except for
improvements identified in (b) above, shall be credited
against the respective impact fee otherwise due or to become
due for the development.
(3) Improvements made through other financing
mechanisms such as community facilities financing districts
shall be credited against the respective impact fee
otherwise dues but shall not include improvements made
through development agreements. jcheck if Iec~a1)
~,(,_4) Credit may be given for new development
constructed under affordable housing prOarams as identified
by the Office of Housing and Community Development, or
throucrh the provisions of Chapter 201E and Chapter 46-15 of
the Hawaii Revised Statutes. jcheck if Ie4a1)
(d) The impact fee shall be reduced by an equal amount
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 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
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identified in Section ~[(-11)]®12(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 the 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 respective fee shall be
reduced} based on the determination of the value of the
contributions made. (may be illegal for other than council
to accept improvement or dedication)
Type of Improvement Representatives That May
Or Dedication [Accept ands Reduce Impact
Fee
Sewer Chief Engineer of the Dept.of
Public Works and Planning
Director.
Roads Chief Engineer of the Dept.of
Public Works and Planning
Director.
Parks Parks and Recreation Director
and Planning Director
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Police C'tiief of Police and Planning
Director
Fire Fire Chief and Planning
Director
Solid Waste Chief Engineer of the Dept.of
Public Works and 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 or fee
payer 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 the
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 or developer 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
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development, which are required by existing code provisions.
Section [-12]-13. Appeals to the board of
appeals. Any person aggrieved by the decision of the
persons identified in Section [-11 (e)]-12 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]
record on appeal; or
(c) Arbitrary, or capricious, or characterized by an
abuse of discretion or clearly unwarranted exercise of
discretion.
Section -[13] °14. 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 Pee Code shall be in accordance with the requirements
contained herein.
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Section -[14] -15. 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....Article 7]
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.
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SECTION 3. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date
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