HomeMy WebLinkAboutBIL 424 Draft 01 1988-1992 ;
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OFFICE OF TIIE COUNTY CLEI~,K
County of Iiavvaii
H?.1o , Iiavvaii
ROLL CALL VOTE
Introduced By: Januar~r 221 1992
Date Introduced: January 2 2 , 19 9 2 AYES NOES ABS EX
First Reading: ARAKAKI
Published: DE LIMA
DOMnvco
REMARKS: HALE
Close file ~ 01/22/92 KOKUBUN
LAI
MAKUAKANE
RUDDLE
SCHUTI'E
Second Reading: ROLL CALL VOTE
To Mayor:
Returned: AYES NOES ABS EX
EffQCtive: ARAKAKI
DE LIMA
Published: DOMINGO
REMARKS: HALE
KQKUBUN
LAI
MAKUAKANE
RUDDLE
SCIIUTI'E
I DO HEREBY CERTIFY that the fore~oin~ BILL was adopted by the County Council and
published as indicated above.
COUNCIL CHAIRMAN
COUNTY CLERK
Approved/Disapproved this day
of , 19
MAYOR, COUNTY OF IIAVVAII Bill No.: 4 2 4
Reference:
Ord. No.:
DRAT
' A UNIFIED IMPACfi ~~FS OPDINANO
PROPOSAL FOR TIFF
COUPJTY OF ~IA~~A I
UNIFIED IMPACT FEES FOR THE COUNTY OF HA4dAIZ
Table of Contents
ARTICLE 1. General Provisions 1
Sec . l . T? tle 1
Sec. 2. Definitions 1
Sec . 3 . Findings and Purpose 4
Sec. 4. Applicability of State and County General Plans 7
Sec . 5 . Authority 7
Sec. 6. Applicability 8
Sec . 7 . Independent Impact Analysis 9
Sec. 8. Segregation of Funds 10
Sec . 9 . t~se of Funds 10
Sec. 10. Refund of Fees Paid . . . 10
Sec . 11. Alternatives in Lieu sof pees 11
ARTICLE 2. Water and Sewer Impact Fee 13
-Sec.' 1. Authority, x x Y s . ~ . . g ~ 13
Sec. 2. Calculation of fee `a 13
Sec. 3. Payment of Fee . 17
ARTICLE 3. Road Impact Fee- 17
-Sec . 1. Authority 17
Sec . 2. Calculation of Fee: . a ~ 18
SEc. 3. Payment of Fee 21
ARTICLE 4. (Reserved)
ARTICLE 5 . park Impact Fee 22
Sec. 1. Authority . ~ . 22
Sec. 2. Calculation of Fee 22
Sec. 3. Payment of F22 24
ARTICLE 6 . Police and Fire Impact Fee 25
Sec . 1. Authority 25
Sec . 2. Calculation of Fee 25
Sec. 3. Payment of Fee 27
ARTICLE 7. Housing Impact Fee 28
' 28
Sec. 1. Authority
Sec. 2. Calc~:lation of Fee 28
Sec. 3. Payment of Fee 30
L
~1~~ $~Q. 424
~I~,I~IIVT~~~~ I~Tf~.
AN ORDINANCE TO PROVIDE FOR UNIFIED IMPACT FEES FOR
THE COUNTX OF HAWAII
Article 1. General Provisions
Section ~1. Title. This ordinance-shall be known and
may be cited as the "Impact Fee bode."
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 planeing,
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.
(3) "Developer" means an owner or other per son or
legal entity with written authorization form the owner who
intends to improve or to construct any improvements upon his
property. The term shall also mean a subdivider .
Unified :Impact Fees Page 2
(4) "Dwelling" means- a build-ing- or part th er eo f
designed for ~r used for residential occupancy or both and
containing one or more dwelling units .
(5) "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
k itchen .
(6) "Equivalent unit" means anticipated maximum daily
"water" usage of that development divided by a maximum daily
"water" usage factor of a unit as determined by the Department
of Water Supply. Any fractions thereof shall be considered an
additional equivalent unit. Anticipated maximum daily "water"
usage of the development shall be recommended by a registered
engineer . Final determination shall be made by the Department
of water Supply .
(7) "Fee payer" means a person commencing new
development as defined herein .
(8) "Impact analysis" means the study upon which the
calculation of impact fees are based which demonstrates that
new development has generated a need for the capital
improvement planned and that such capital improvement will
adequately benefit such new development.
Unified Impact Fees Page 3
(9) "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 .
(10) "Independent Fee Calculation Study" 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 .
(1~1) "New development" means any dev@loilment,
construction, or installation that results in real property
improvement. or which requires a building permit.
(12) "Person" means an individual, firm, partnership,
company, corporation, association, syndicate., or any legal
entity including any trustee , receiver , assignee , or other
similar representative thereof.
(13) "Road improvements means the- planning,
acquisition, engineering, construction or expansion of any road
facilities including any widening, intersection improvement,
signaization or other capital improvement designed to increase
a road's: capacity .
(14) "Sewage" means a combination of the
water--carried wastes from residences, business buildings,
institutions and industr ial establishments .
Unified Impact Fees P-age 4
(15) "Sewer system°` means all facilities for
collecting, pumping, treating -and disposing of sewage.
(l6} °'Single family dwelling°° means a build-ing
containing only one dwelling unit.
(17) "Subdivision" means the division of land or the
consolidat-ion and resubdivs-ion into two or more lots or
parcels for -the purpose of transfer, sale, lease, or building
development, and when appropriate- to the cdntext, shall relate
to the process of dividing -and. The germ also includes a
building or group of buildings, other fhar~ hotel, can~aining or
divided rnto two or more dwelling units or lodging units .
(18) °'Water system°` or '°water facilities" means the
water system to and from any new development, includ-ing mains,
valves, hydrants, later ale, pumps,- tanks, reservoirs and all
appurtenances necessary to provide- wader services and fire
protection for such development.
Section -3. Findings- and Purpose .
(a) -The ~Iawaii County Senegal Plan 'has- determined:
(1) -that the rapid- -rate of new growth- and development
in the County has created -the Need for- capital improvements to
public facilities for water, sewer, roads, parks, schools,
police and fire, and housing;
(2) that land development- shall not be permitted
unless adequate capital- faci-ties and capital improvements
exist or are assured;
Unified Impact Fees page 5
(3) that the availability of water is crucial to any
kind of development and that the demand for water is related
directly to population;
(4) that land use allocation must be closely related
to water planning in its four major aspects: supply, quality ,
quantity, and distr ibution .
(5) that adequate sewer disposal systems are vital to
safeguard public health and that there is an increasing need to
create a better system;
(6) that adequate treatment facilities are essential
prerequisites for new development;
(7) that Hawaii County is faced with an increasing
demand for the development of new transportation facilities and
systems due to population growth and increased car ownership;
(S) that programmed improvement of existing
thoroughfares and streets should be encouraged;
(9) that Hawaii County is faced with an increasing
demand for the development of new park areas and recreational
space due to increasing density of urbanization;
(10) that programmed improvement of existing parks
and recreational space as well as additional parks and
recreational space should be encouraged;
(11) that Hawaii County is faced with an increasing
demand for the development of new school facilities and systems
due to increased new development;
Unified Impact Fees -Page 6
(12) and that this poses a serious threat to
maintaining the current- quality of the education;
(13} that fire stations and police stations are
necessary to serve the individual citizen in his desire to
enjoy the protection of his rights -and r,is property;
(14) that it is the goal of the County of Hawaii to
provide polies and- fire stations that effectively serve
community needs;
(15) that Hawaii County is faced with an acute
housing shortage- where the increasing demand for the building
of low and moderate income housing is outs tripping a shrinking
suPP1Y
(16) that an increasing segment of the population is
experiencing difficulty in finding afrordable adequate housing;
(17) -that unless the county stimulates the building
of low and moderate income housing, the demand will continue to
outpace the supply into the foreseeable future.
(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 insure that land development shall -bear a
proportionate cost of the cost of providing -new or expanded
capital facilities required by such development; and
•
Unified Impact Fees Page 7 -
(3) 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 .
(c) It is the intent of this Ordinance to requ-ire new
development to contribute its fair shays of costs of new or
improved- public facilities, the construction of which has a
rational nexus to the proposed development.
Section _ ®4. Applicability of State anal County general
lean s .
This chapter shall be a,ppl;ied and administered within the
framework of the County General Plan which is a long range,
comprehensive, general plan ;prepared [ or being prepared] to
guide the- averall future development of the County. The Country
General Plan includes that portion of Coun y of the State's
General Plan that: applies to the County, or such lesser portion
thereof as the County may adopt,, together with those
Comprehensive or General Plans for sections of the County which
may be adopted as amendments to or portions of the County
General Plan .
Section -5. Authority.
(a) This Ordinance is .adopted pursuant to Article VIII
of the Hawaii Consti ution granting the County the power to
adopt a charter for its own se f-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 .
r
•
Unified Impact Fees Page 8
(b) 'This Ordinance is further- authorized by Chapter 226 ,
Part II of the Hawaii devised Statutes requiring -the
formulation and implementation of county general plans.
(c) This Ordinance is adopted puts-cant to -the Hawaii
County Charter, Article, Section 3e 16 which provi-des that the
County shall adopt a General P~:an setting forth the County
Council's policy for 'long--range comprehensive physical
development of the County and ~pecifl.ca~ly subsection (a )
thereto providing that the council sh-all enact ordinances
necessary to carry -out the put poses- of the General -Plat..
Section ~6. Applicab>ili`y.
(a) The provisions of this chapter shall apply to all
new development as defined in Section ~ of th-is Ordinance that
is found to generate the need for capital fa<ciliti.es for- roads,
water, sewer, parks, schools, fine -and- police se~v-ices, and.
housing as determined by the corresponding sections- of this
Code. if such new development does not gene-rate the need for
capital facilities in one- or more of thane areas of need, then
no impact fee payment shall be required to meet that area of
need .
(b) fihis Chapter -shall -not apply to:
(l) Subdivision of land into two or more. tots only
for the purpose of clarifying public records or adu tments of
boundaries, provided that- no additional lots will be deve oped
for the purpose of building dwelling units thereon.
Unified Impact Fees Page 9
(2) Subdivision of land into two or more Tots
agricultural purposes which wi1'1 not be deve3opec~ into dwelling
units .
(3) Government sponsored hou-sing projects or other
public facilities .
L,ow-cost hottsi.ng prdjects financed entirely by
private funds,- provided that the cost of such housing shall be
in accordance with standards estak~lished by the County ~Iousin~
Agency .
(5) Subdivision or other development nee~ssa>ry for
the placement , design and- corsstrcaotion o f utilzty pales , tower s
and transmission lines by a public ut~.lity company as- defined'
in Chapter 269-1, Hawaii revised Statrz :es, provided that no
additional lots will be developed for--the purpose of
constructing dwelling uni"ts thereon .
(6) Subdivision of land that- has been granted
preliminary approval prior to the effective date- of this
ordinance, provided that final a~aproval is received within
twelve months of preliminary approva3.
Section -7. Independent Impact Analysis.
At the option of the fee-payFer or the- Director of Planr~ina
in conjunction with the appropriate department head, as
required by list in Section. ®~,i., 4he applicable impact :fee or
fees may be computed by `the use of an inaependent impact
analysis. The fee payer shall be responsible for preparat-:ion
_
Unified Impact FeE Page 10
of a proposed independent impact analysis and the Director of
Planning and. the appropriate department,. head, if required by
Section ill shall accept , reject or modify ghat analysis .
Section -8. Segregation of Punds.
(;a} .Impact fees for water, sewer,¢ roads..6 schools, police
and fire protection and housing collected pursuant to this
ordinance shall be placed in separate trust accounts for each
regional, i~pact fee- distr fct from which .the :fee. was collected
as shown. by the attachments -:and: fur*her segrega~ed by type. of.
public facility or capital improvement to be funded.
;(b} The Finance ~irecto.~ of ~Iawai,i bounty shall keep an
adequate accounting for each aceo,unt showing the source and
dishursemen:t of all. fees collected s
Section . ~.1se. of Funds .
(a) Funds- collected ,from_ impact fees shall be used for
the acquisition, expansion, and- improvement of capital
facilities for the benefi d. of the impac` fee district which was
the source of the fee.
(b } gees in .each. account. and any interest. earned shall
be spent solely for the purposes_ ,spe;c.fied for funds of each
account .
Secsorz ~l0 . Refund of ~'Aes ?3i d.
the following schedu~.e shay, detarm~ne when impact fees for
capital facii hies or pub?~.c improvements authorized by this
Article must be spent.. Any funds not expended or encumbered
within- the: spe;ci-fied years shall be returned to the fee payer
with interest at the rate of $ per year .
z.
Unified Impact Fees Page 11
Impact Fee Time Limit. Before Funds are
Returned
Water
Sewer
Roads
Parks -
Police & Fire
'dousing
Schoo3s
Section ~11. alternatives in Lieu of Fees.
(a) The corresponding impact fee shall be reduced to the
extent that .the developer makes capital improvements or
dedications in one of the following seven areas: water , sewer ,
roads, parks, schools, fire and police protection and housing
for which use of an impact fee is contemplated, and which are
not otherwise reimbursed by the County. The impact fee shall
be reduced.. by an amount. equal to the value of the improvements
or contribution. The value of capital facilities or public
improvement. constructed .and dedicated by a developer and
accepted by the County -shall be determined on the basis of the
current county assessment multiplied by a .factor of 1.15... An
appraisal prepared by an appraiser chosen with the consent or
the County Planning Director may be submitted to the County for
informational purposes
4
Unified Impact Fees Page 12
(b) The following 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 two
persons are listed, both must agree to the improvement or the
dedication and the amount of the reduction, if any, before the
r espective fee shall be reduced)
Type of Improvement Representative (s_) that
or Dedication Ma Accept and Reduce
Impact ~'ee
Water Planning Director &
Manager of water
~u ppl y
Sewer Planning Director & Chief
~ngin~'er ,of Public Works
Roads Planning ;Director-& Chief
engineer of Public Works
Parks Planning Director
Police & Fire Planning Director
riousing Planning Director &
F3ou~'a:ng Director
Schools Planning Director
(c) No credit shall exceed the amount of the applicable
component of the fee against which it is to be credited .
Should the value of capital- facilities or public improvements
provided be less than the amount of impact fee calculated
according under the appropr late sect ion in this or din ance, -the
developer shall pay the difference in cash in that amount to
the County.
Unified Impact Fees Page 13
(d) No credit shall.. be given to the developer in lieu of
impact fees for those improvements which are required as part
of the. usual subdivision plan approve , or zoning conditions.
imposed in the normal processing of the new development.
ARTICLE 2. WATE1~ AND S;EFIER IMPACT FEE
Section ®1. Aut:horlty..
(a) The County of Hawaii has. authority to adopt a Water
and Sewer Impact- Fee Ordinance pursuant to Chapters 6.1 and 62
of the Hawaii Revised Statutes granting general powers to the
counties, Chapter ~4 of the. Hawaii Rev~,sed Statutes authorizing
a Hoard of Water Supply for Hawaii County, .anal Chapter 21 of
the Hawaii County Code regulating the .use of .public sewers .
(b) The. County of Hawaii is further .authorized to adopt
a Water Impact Fee pursuant to Section 3-2(b) of the Revised
Charter of the-.County of Hawaii.
(c) Tr. is Article is intended to implement and be
consistent Wi th the Hawaii County .General Plan and with any
Development Plans, Func Tonal Plans , or Area Improvement Plans.
adopted pursuant to the- General Plan.
Section ~2. Calc.zlation of Fee .
(a) The amount o;f each water ar sewer impact fee imposed
and collected sh-all be based upon reasonable and uniform
considerations of capital costs of the water system facilities
and improvements to be .incurred by the County as a result of
s
Unified Impact Fees Page 14
new development and shall bear a rational relationship to such
capital costs . Such fee shah 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 faciLi~ies and improvements for
water systems required by the new development.
(c) 'The fees shows on the schedule include a five
percent discount to encourage the uss of the schedule in order
to avoid -the ~xpenditur~ of administrative time on the-
proces~iha o~ independent fee calculation requests .
(d } cep Schedules
(1} ~ water impact fey sc edule shall be determined
by the -Water Commission of 'the County of Hawaii pursuant- to the
authority granted by Section S-2{b) of the Revised Char ~~r of
the County of Hawaii . The fee shall be based on the- maximum
sire of the meter and type of service the service lateral can
support or by the number of logs, dwelling units, or equivalent
units in the deve~:opment, whichever is greater . The 'an .y cost
in determination of the fee shall be $1 ,~00 for each adai tional
lot, dwelling unit or equivalent uni~. Such units are
determined to be accurate measures of the amount of development
and its relative impact and- demand, on -water system needs .
Water system needs-have--been-determined according to a five
year rate study pr-spared for the De par tment entitled °'Wci er
Impact Fee Study" .
i
Unified Impact Fees Page 15
Schedule I. Water Impact Fees
Meter Size Impact
Fee..
( Inches )
First connection per platted subdivision
All other connections over lst connection
1 inch Each connection
1 1/2 inch Each connection
2 inch Each Conn-action
3~ inch Each connection
4 inch Each connection
6 inch Each connection.
S inch Each connection
10 inch Each connection
12 inch Each connection
(2) Where large quantities of water are required or a
large investment is necessary to provide service, the developer
shall be informed as to the conditions under which the
development water system may be approved. A capital assessment
fee may be charged for the required improvements, which fee
shall be prorated to the developer and based upon the number of
lots, dwelling units or equivalent units in the development .
The Department may negotiate the capital assessment fee with
the developer .
r
Unified Impact Fees Page 16
(3) The sewer impact fee schedule. shall be determined
by the Department of Public 6dorks of the County of Hawaii. The
fee schedule shall be consistent with sewer system needs as
determined according to the Impact Fee Technical Report
dated ; ss hereby incorporated
and attached to this Ordinance. If the development includes
fractional units, the fee shall be computed to the appropriate
fraction. If the development replace s, an existing use, -the fee
that would have been required for the existing use shall be
subtracted from the fee otherwise due.
Schedule I: Sewer-Impact .Fees
Development T~ Unit Fee Per
Unit
Single family residential dweiIing unit
Multi-family residential dwelling unit
Hotel/Motel room-
Other residential dwelling unit
Retail 1,0.0.0 sq. ft.
Office - (-first 100 ,000 sq .ft 1 ,000 sc ft .
Office- (over 1,000 sq. ft.) 1,000- sq. ft.
Medical clinic/office 1,000' sc~. ft.
Industrial 1,000 sq. ft.
Unified Impact Fees Page 17
Section -3. Payment of Fee .
(a) The Water Impact Fee shall be payable to the Hawaii
County Department of Water Supply prior to the issuance of any
building permit, with the exception of subdivisions which shall
be paid prior to final subdivision approval. No such permit or
subdivision approval shall become final until any applicable
impact fee has been paid. The obligation to pay the fee shall
run with the 1 and .
(b) The Sewer Impact Fee shall be payable to the County
Director of Finance prior to the issuance of any building
permit, with the exception of subdivisions which shall be paid
prior to final subdivision approval. No such permit or
subdivision approval shall become final until any applicable
impact fee has been paid. The obligation to pay the fee shall
run with the land .
ARTICLE 3. ROAD IMPACT FEE
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 .
Unified Impact Fees Page 18
Section ~2. Calculation of Fee.
(a) A,t the option of the fee payer, the amount of the
fee may be determined by the following fee schedule. The fees
shown an the schedule reflect a five percent (5$) discount to
encourage use of the schedule in or-der to reduce the
administrative time needed to process independent fee
calculation studies.' The fees shown on the schedule are based
on the Impact Fee Technical Report dated
as hereby incorporated in and attached to this Ordinance . If
the development includes fractional units the fee shall be
computed to the appropriate fraction. If the development
replaces an existing use, the fee that would have been required
for the existing use shall be subtracted from the fee otherwise
due .
Schedule I: Road Impact Fee
Impa ct Fe e
Development Type Unit Per Unit
Single family residential dwelling unit
Multi family dwelling
residential dwelling unit
Mobile home dwelling unit
Hotel/Motel room
Other residential dwelling unit
Retail 1,000 sq. ft.
Unified Impact Fees Page 19
Office (first. 100:,.000 sq. feet.) ],::;.0.00 sq. ft.
Office. (over 10Q,:04.0 sq. fee ) 1,.0.0.0 sq. f
Medical clinic or office 1.,000 sq . f~ .
Industr ial 1,OOQ sq , ft .
If a building permit is ,requested for. a building with mixed
uses, then the fee shall be determined thrott;gh using the above
schedule by apportioning the, space .commit,ted to .uses specified
on the s c:~:edul e .
If the type of development. activity for which a building
permit is applied is not specified ~n the above fee schedule,
the County :administrator shall use the fee applicable to the
most nearly comparable type -of land, use on the above fee
schedule. The County Pdministrator shall be guided in the
selection o~ a comparable type by the report titled "The Road
Impact Fee Report" and/or the Institute of Transportation
Engineers Trip Generation, An Information Report. (latest
edition ? .
(b) If a fee payer sha l opt not to have the impact. fee
determined according to paragraph (a) of this section, then the
fee payer shall prepare and submit to the Coua~ty Administrator
an independent fee calcclati.ori study for the land development
activ? ty for which a building permit is sought. The
independent fee calculation study shall follow the. pr ;ascribed
methodologies and formats for the study established by the
S
Unified Impact Fees ~ age- 2 0
County Administrator. Tne traffic engineering andjor Pconomic
documentation submitted,- which -will require `a pre-application
meeting with the County Administrator shall, -show tha basis r~pone-
which the independent few calculation was made, includinc, bud
not limited to the following:
(1) TLaf'~ic Fngineerng Studies:
Doc~amentatcsn of trap c3~nefa~ion rates
appropsate for the proposed land deveo~ment activity.
(B) Documentation of trip length appropr'iatc for
the proposed Land development ac~ivi,`y
{C) Documentation df tr~.p date appropriate fir the
proposed- land develc~pmest -active.
(2) economic Documentation Studies
{ A) DOCllmelta~l0n Of t~'le CO~t `der lane mi? a fOr
roadway construction appropria~e for pro;posad land develo'pmen~
activity.
Do rumentotior. of credits attributable to the
proposed land development activity which can be expected to be
avail-able to replace the portion of the servzcc volume- used by
the traffic generated b'y the proposed land development activity .
..This documentat-ion shall be prepares-and- presented by
qualified professionals in chei~ respec~iv`e iselds. The
following formu'ia shall be used °oy the County Administrator to
determine the impact few per unit of development:
Unified Impact Fees Page 21
(1) ATTRIBUTABLE TRAVEL = ( (TRIP RATE X TRIP
LENGTH / 2) ~ $ NEW TRIPS
(2) NEW LANE MILES = ATTRIBUTABLE TRAVEL / LANE
CAPACITY
(3) CONSTRUCTION COST = NEW LANE MILES X FRINGE AREA
- CONSTRUCTION COST PER LANE MILE
(4) RIGHT OF WAY COST = NEW LANE MILES X FRINGE AREA
RIGHT OF WAY COST PER LANE MILE
(5) TOTAL COST = CONSTRUCTION COST + RIGHT OF WAY COST
(6) NET COST = TOTAL COST ~ CREDITS
(7) IMPACT FEE = NET COST _ DISCOUNT
(c) In no case sh-all the fee charged to the developer
exceed the cost of capital facilities and improvements required
by the new development .
Section 3. Payment of Fee. The road impact fee shall be
paid to the County Director of Finance prior to the issuance of
any building permit, with the exception of subdivisions of land
for single family dwellings which shall be paid prior to final
subdivision approval. No such permit or subdivision approval
shall become final until any applicable impact fee has been
paid. The obligation to pay the fee shall run with the land.
Article 4. (Reserved )
•
Unified Impact Fees Page 22
Article 5 . Park Impact Fee
Section -l. Authority.
(a) The Hawaii County Council has authority to adopt a
park impact fee purse-ant to Hawaii Revised Statutes, Sections
46-4, 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 P-lens anc~ Functional Mans adopted
pursuant to the General Plan .
Section -2. Calculation of Impact Fee for Parks.
(a) The amount of each park impact fee imposed and
collected s-hall be based upon reasonable and uniform
considerations of capital costs of the improvement of park
facilities to be incurred by the County as a result of new--
development and shall bear a rational relationship to such
capital costs .
(b) In no case s-hall the fee charged to the fee payer
exceed the cost of capital facilities and improvements fog
parks necessitated by the new development.
(c) The fee payer has the option to pay the amount of
the fee specified by the following fee schedule or pay the fee
determined by an independent impact analysis pursuant to
Unified -Impact Fee:, Page 23
J
section VI of this ordinance. The schedule of fees are based
upon a Park Impact Fee Technical Report
dated shall be
designated as the base year for the schedule. of fees .
Subsequent fee schedules shall be adjusted for inflation
annually based upon the percentage increase in the Consumer
Cost Price Index (CPI). The revised--schedule of fees will be
available at the Flan,ning Department and these annual revisions
shall continue until the County of Hawaii initiates another
Impact Fee Technical Report or the Council adopts an
independent analysis submitted by a fee payer. The fees shown
on the' schedule include a five percent discount to encourage
the use of the schedule and reduce the administrative time
needed to process independent analyses . If the development
includes fractional units the fee shall be computed to the
appropriate fraction. If the development replaces an existing
use, the fee that would have been required test the exist-ing use
shall be subtracted from the fee- otherwise due.
(d) A parks impact fee schedule shall be determined by
the Planning Department. The fee shall be based upon the
relative impact of various developments upon the diminution of
open space as well as their demand for parks and recreational
areas. The park needs shall be determined by a Park Impact Fee
Technical Re port prepared by the P lanning Depar tment . The fees
shown on the schedule include a five percent discount to
encourage the use of the schedule and reduce the administrative
time needed to process an independent analysis .
Unified Impact Fees Page 24
Schedule I: Impact Fee for Parks
Fee per
Development Type Unit Unit
Single Family Residential dwelling unit
Multi-Family Residential dwelling unit
Other Residential dwellins~ unit
Hotel/Motel room
Retail 1000 sq. ft.
Office (first 100 ,0.00 sq. ft 1000 sq . ft .
Office (over 100 ,00.0 sq . ft 100.0 sq , ft .
Medical clinic or office 10.0.0 sq. ft.
Industrial 1.00.0 sq . ft .
Section `3. Pant of Fee .
(a) The fee payer shall pay the fee to the Finance
Director at any time prior to the issuance of any building
permit or in the case of subdivisions prior to preliminary plat
approval.
(b) No such permit or subdivision approval shall become
final until the park impact fee is paid. The obligatior. shall
run with the land.
Unified Impact Fees Page 25
ARTICLE 6 . POLICE AND FIRE IMPACT FEES
Section @ l . Authority.
(a) The County of Hawaii has authority to adopt a Police
and Fire Impact Fee ordinance 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 County is further authorized to adopt this
ordinance pursuant to Articles VI and VII of the Revised
Charter of the County of Hawaii .
(c) This Article is intended to implement and be
consistent with the Hawaii County General Plan, Functional
Plans and Development Plans .
Section ®2. Calc~.zlation of Fee .
(a) The amount of each police or fire impact fee imposed
and collected shall be based upon reasonable and uniform
considerations of capital costs of police or 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 fee 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 police or fire capital facilities required
by the new development .
Unified Impact Fees Page 26
(c) Except as provided in paragraph (d) of this section,
the amount of the fee shall be determined )aY-the following-fee
schedule. The fees shown on the schedule include a five
percent discount to. encourage the use of the schedule and
reduce the administrative time needed to process independent
- analyses . The fees shown on the schedule are based on the
Impact Fee Technical Report dated
as' hereby incorporated in and attached to this Ordinance.
Schedule I: Police and F-ire Impact Fees
Development 'T'ype Unit Fee per Uni t
Police Fire
Single Family Residential dwelling unit
Multi-Family Residential dwelling unit
Mobile :€o:me dwelling unit
Motel/Motel room
Other Residential dwelling unit
Retail 1,000 sq. ft.
Office
(first 100 ,0.00 sq . ft 1,000 sq . ft .
Office
(over 100,000 sq. ft.) 1,000 sq. ft.
Medical clinic/office 1,000 sq. ft .
Industrial 1,000 sq. ft .
Unified Impact Fees Page 27
If a building permit is requested for mixed uses, then the
fee shall be determined according to the above schedule by
apportioning the space committed to uses specified on the
schedule.
If the type of development activity a building permit is
applied for is not specified on the ~~aid schedule, the County
Administrator shall use the fee applicable to the most nearly
comparable type of land use on the above fee schedule. In the
case of change of use, redevelopment, or modification of an
existing use which requires the issuance of a building permit,
the impact fee shall be based upon the net increase in impact
for the new use as compared to the previous use .
(d) If a fee payer opts not to have the impact fee
determined according to paragraph (c) of this section, then the
fee payer shall prepare and submit to the County Administrator
an independent fee calculation study for the land development
activity. for which a building permit is sought. The
independent fee calculation. study shall follow the prescribed
calculation methodologies and formats established by the County
Administrator .
Section -~3. Payment o~ Fee. The police and fire impact
fees shall be paid to the .County Director of Finance prior to
the issuance of any building permit, with the exception of
subdivisions of land for single family dwellings which shall be
paid prior to final subdivision approval. No such permit or
Unified Impact Fees Page 28
subdivision approval shall become final until any applicable
impact fee has been paid. The obligation to pay the fee shall
run with the land.
Article 7. dousing Impact Fee
Section ~1 . Authority .
(a) The County of Hawaii has authority to adopt a
Housing Impact Fee ordinance pursuant to Hawaii Revised
Statutes Sec. 46-15 .1 and Sec. 359E-4(e) granting general
housing powers to the counties .
(b) This Article is intended to implement- and be
consistent with the Hawaii- County- General -Plan and with any
Development Plans, Functional Plans or Area Improvement Plans
adopted pursuant to the General Plan .
Section -2. Calculation of Fee.
(a) All proposed res dential developments of four units
or more, including but not limited to subdivisions, apartments,
condominiums, townhouses and multiple family dwellings, shall
set aside twenty percent of the total units for rent or -for
sale to low and moderate income households .
(b) Residential developments of -less t:~an four units or
remainders of developments larger than four units shall pay a
fee in lieu thereof according to the following schedul@:
Unified Impact Fees Page 29
Type of Development. Per Unit Fee
Single Family
Multiple Famil y
Apar tmen t
Condominium.
Townhouse -
(c) At the option of the: fee payer or request of both
the Hoes ing: Director and the Planning director, the .amount of
the fees-.:may be determined day the >a:forementioned schedule if
the mandatory .set-aside. would pose a hardship upon the
develo-per or if the alternative housing set-aside. would. be
unsuitable .for low. and moderate income households .
~d,) The: fee payer may choose to pay the fees specified
by the Housing Impact Fee schedule; or pay fees pursuant to an
independent impact analysis pursuant to Article 1, Section 7 of
this ordinance. The fees shown are based upon a Housing Impact -
Fee- Tec ralc~: ~ ~epor,~. based- hpon the diminution of low and
moderate inco~~ housing caused by each type of residential
deveoment.
(e) Subsequent schedules shall be adjusted for inflation
annually based upon the percentage increase in the Consumer
Price Index (CPI) . The revised schedule of fees will be
available at the Housing Office and these annual rev is-ions
shall continue until the County of Hawaii initiates another
.ry
Unified Impact Fees gage 30
independent impact analysis or the Council adopts an
independent analysis submitted by a fee payer with
recommendation for adoption from the dousing Dir~dtor and one
Director of planning.
{f) The schedule reflects a five percent discount to
encourage the use of the schedule and reduce the administrative
time needed to process an independent analysis.
Section '3. payment o~ Fee.
`the :ious~.ng Impact ;ee shah be paa.d to the bounty -Dirac-tor
of Finance prior to issuance of any bui~dina permit, w~.th the
exception of subdivisions of land for snglo fam~.ly dwel'in~S
which shat,l be paid 'prior to final 'subdvis~:on approval.'
Neither such permit or subdivision approval shall become final
until any applicable impact 'fee has= been pa~.d. 'the obligation
to pay the fee `shall roan =~.th t{2e land".
Introduced By:
CQUNCII, MEMBERS
Milo, ;iawa,ii
Date o~ .Introduction:
Date of 1st Reading:
Date of Zne Readi:lg:
Effective .Date: