HomeMy WebLinkAboutCOM 0040.014 2010-2012DOMINIC YAGONG
Chair & Presiding Officer
K. ANGEL PILAGO
Vice Chair
September 20, 2011
HAWAII COUNTY COUNCIL
County of Hawai
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
To: Members of the Hawai`i County Council
From: Dominic Yagong, Chairperson c---
Re: Proposed Amendment to Bill No. 304, Draft 3
FRED BLAS
BRENDA FORD
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
BRITTANY SMART
J YQSHIMOTO
r rl
For your consideration, please find a proposed amendment to Bill No. 304 draft 3. The proposed
amendment, illustrated via Ramseyer format with respect to the contents of Bill No. 304 draft 3, are as
follows:
1. Section 36 -9, Impact fee exemptions, is amended by adding a new paragraph (a)(6) to read as follows:
"Section 36 -9. Impact fee exemptions.
(a) The following shall be exempt from the terms of this chapter:
(1) A single - family detached unit on a lot for which impact fees had been paid shall be
exempt from any increase in impact fees of the types already paid, but shall be subject
to any new impact fees for additional facilities if the council enacts an amendment to
this ordinance requiring impact fees for other types of facilities;
(2) Alterations of an existing single - family detached dwelling unit where no additional
dwelling units are created;
(3) Replacement on the same lot of a destroyed or partially destroyed residential building
or structure that has been moved, with a new building or structure of the same use,
and with the same number of dwelling units;
(4) Replacement on the same lot of a destroyed or partially destroyed nonresidential
building or structure that has been moved, with a new building or structure of the
same use and not exceeding the gross floor area of the original building or structure;
or
(5) Any impact - generating development for which a completed application for a building
permit was submitted prior to the effective date of this chapter, provided that the
construction proceeds according to the provisions of the permit and the permit does
not expire prior to the completion of the construction.
Serving the Interests of the People of Our Island
Comm. No. 4 / T
Ref. To:Pr .Wed o uN u./
Ref. Date SEP 21 201!
Page 2 of 2
Proposed amendment to Bill No. 304, Draft 3
(6) Any first time home buyer that will be the occupant of subject property and that will
occupy said property of a period not less than ten (10) years. Should property be sold
or transferred within ten years of occupancy impact fees in the amount that would
have been collected at the time of the issuance of the building permit, plus interest,
will become due immediately.
(b) An exemption must be claimed at the time of application for a building permit.
(c) The impact fee administrator shall determine the validity of any claim for exemption
pursuant to the criteria set forth in this chapter.
(d) In order to promote the economic development of the County or the public health, safety, and
general welfare of its residents, the council may authorize by ordinance payment of some or all
of the impact fees imposed on a proposed development or redevelopment from other funds of the
County that are not restricted to other uses and are not derived from impact fees. Any such
decision to pay impact fees on behalf of an applicant shall be at the discretion of the council and
shall be made pursuant to goals and objectives articulated by the council."
To conserve resources a draft copy of Bill No. 304, Draft 4, has not been attached.
DY /sao
Serving the Interests of the People of Our Island