BIL 324 Draft 01 2006-2008 - Laserfiche WebLink

Home

COUNTY OF HAWAII STATE OF HAWAII BILL NO. X24 ORDINANCE NO. AN ORDINANCE AMENDING THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW CHAPTER RELATING TO IMPACT FEES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new chapter to be appropriately designated and to read as follows: "CHAPTER 36. 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 Hawaii County. The purpose of an impact fee is to ensure that the person or persons responsible for impact-generating developments and construction bear a proportionate share of the cost of improvements to the Hawaii County's major roadway, park, fire/emergency medical service (EMS), police, solid waste and wastewater facilities that are necessitated by such developments and construction. 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. Section 36-2. Definitions. As used in this chapter, unless otherwise specified: "Applicant" means the applicant for 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 any plan adopted by ordinance pursuant to section 15.1 of the General Plan. "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.