§46-143 Impact fee calculation. (a) A county council or board considering the enactment or adoption of impact fees shall first approve a needs assessment study that shall identify the kinds of public facilities for which the fees shall be imposed. The study shall be prepared by an engineer, architect, or other qualified professional and shall identify service standard levels, project public facility capital improvement needs, and differentiate between existing and future needs.
(b) The data sources and methodology upon which needs assessments and impact fees are based shall be set forth in the needs assessment study.
(c) The pro rata amount of each impact fee shall be based upon the development and actual capital cost of public facility expansion, or a reasonable estimate thereof, to be incurred.
(d) An impact fee shall be substantially related to the needs arising from the development and shall not exceed a proportionate share of the costs incurred or to be incurred in accommodating the development. The following seven factors shall be considered in determining a proportionate share of public facility capital improvement costs:
(1) The level of public facility capital improvements required to appropriately serve a development, based on a needs assessment study that identifies:
(A) Deficiencies in existing public facilities;
(B) The means, other than impact fees, by which existing deficiencies will be eliminated within a reasonable period of time; and
(C) Additional demands anticipated to be placed on specified public facilities by a development;
(2) The availability of other funding for public facility capital improvements, including but not limited to user charges, taxes, bonds, intergovernmental transfers, and special taxation or assessments;
(3) The cost of existing public facility capital improvements;
(4) The methods by which existing public facility capital improvements were financed;
(5) The extent to which a developer required to pay impact fees has contributed in the previous five years to the cost of existing public facility capital improvements and received no reasonable benefit therefrom, and any credits that may be due to a development because of such contributions;
(6) The extent to which a developer required to pay impact fees over the next twenty years may reasonably be anticipated to contribute to the cost of existing public facility capital improvements through user fees, debt service payments, or other payments, and any credits that may accrue to a development because of future payments; and
(7) The extent to which a developer is required to pay impact fees as a condition precedent to the development of non-site related public facility capital improvements, and any offsets payable to a developer because of this provision.
(e) The impact fee ordinance shall contain a provision setting forth the process by which a developer may contest the amount of the impact fee assessed. [L 1992, c 282, pt of §2; am L 2001, c 235, §3; am L 2004, c 155, §3]
Structure Hawaii Revised Statutes
Title 6. County Organization and Administration
46-1 Meeting place of council.
46-1.5 General powers and limitation of the counties.
46-1.6 REPEALED. L 1996, c 13, §17.
46-1.7 Retention of emergency 911 recordings.
46-1.8 Reciprocal supplying of tax information.
46-1.52 Authority to enter private property; pests or invasive species.
46-1.55 Indigenous Hawaiian architecture.
46-2 Publication or advertising of ordinances, amendments, resolutions, and bills.
46-2.1 Comprehensive ordinance codes.
46-2.2 Publication of supplements.
46-3.5 REPEALED. L 2009, c 4, §4.
46-4.2 Nonsignificant zoning changes.
46-4.5 Ordinances establishing historical, cultural, and scenic districts.
46-5 Planning and traffic commissions; creation.
46-6 Parks and playgrounds for subdivisions.
46-7 Agreements with federal government; use of funds.
46-8 State and county co-sponsorship of programs.
46-9 Expenditures of money for sister-city relationships.
46-11 Federal flood insurance.
46-11.5 Maintenance of channels, streambeds, streambanks, and drainageways.
46-12 Cleaning shores and beaches of seaweed, limu, and debris.
46-12.5 State beach park lifeguard services.
46-13 Each county to determine its own number of fire stations.
46-13.1 Volunteer fire stations.
46-14.5 Land use density and infrastructure; low-income rental units.
46-15 Experimental and demonstration housing projects.
46-15.1 Housing; county powers.
46-15.2 Housing; additional county powers.
46-15.3 Regulation of adult family boarding home and care home.
46-15.4 Administrative inspections and warrants.
46-15.5 Cooperation by state departments.
46-15.21 Housing choice voucher program.
46-15.25 Infrastructure dedication; affordable housing.
46-15.36 Hospice homes; permitted use in residential areas.
46-15.01 Limitation of application.
46-16 Traffic regulation and control over private streets.
46-16.2 Commuter benefits program.
46-16.3 Regulation of commercial bicycle tours.
46-16.5 Public passenger vehicle regulation.
46-16.7 REPEALED. L 2006, c 38, §29.
46-16.8 County surcharge on state tax.
46-17 Regulation of certain public nuisances.
46-18 Central coordinating agency.
46-19 Development of alternative energy resources.
46-19.1 Facilities for solid waste processing and disposal and electric generation; financing; sale.
46-19.4 Priority permitting process for renewable energy projects.
46-19.5 Energy conservation standards for building design and construction.
46-19.7 Individual shower control valves required.
46-19.8 Fire sprinklers; residences.
46-20 Regulation of sewerage and wastewater treatment systems.
46-20.1 County ownership of sewer transmission lines and facilities servicing Hawaiian home lands.
46-20.5 Regulation of towing operations.
46-20.7 County transient accommodations tax.
46-22 Compensation of certain county officials.
46-22.1 Salaries of members of council.
46-23 Salaries of department heads, deputies, assistants; fixed how.
46-24 Limitation on salary of first deputy or assistant.
46-25 Salaries of county officers and employees; moneys payable into treasury.
46-26 Bonds of county officers; form.
46-29 Certain notarial powers conferred upon county officers.
46-30 Transfer of civil service personnel on reorganization.
46-31 Transfer of noncivil service personnel on reorganization.
46-33 Exemption of certain county positions.
46-34 Civil service exemptions.
46-35 Firefighters, counsel for.
46-36 Authority of counties to engage in the process of managed competition; established.
46-41 Budgets; financial records on fiscal year basis.
46-42 Reports by fiscal officers.
46-45 Excessive expenditures; penalty.
46-46 Excess expenditures; when permitted.
46-47 Franchise fees, disposition of.
46-48 Deposit of funds in banks.
46-50 Short term investment of county moneys.
46-51 Deposit of securities with mainland depositories.
46-54 Collection of delinquent license fees, taxes, and other amounts.
46-55 Schedule of council anticipated expenditures.
46-61 Eminent domain; purposes for taking property.
46-62 Eminent domain; proceedings according to chapter 101.
46-63 Gift or sale of county property for care of aged persons.
46-64 Disposition of surplus property.
46-65 Parks in the charge of council.
46-65.5 Exchange of park property.
46-65.6 Thomas Square; to be maintained.
46-66 Disposition of real property.
46-71 Service of process upon county.
46-71.5 Indemnification of county agencies
46-72 Liability for injuries or damages; notice.
46-72.5 Counties' limited liability for skateboard activities at public skateboard parks.
46-73 Claims for legislative relief; conditions.
46-74 Waiver of exemption from assessment for improvements.
46-74.1 Exemption from improvement assessments.
46-75 Improvement bonds exempt from taxation.
46-76 Location of utility facilities in improvement districts.
46-77 Underground utility facilities in improvement districts.
46-78 Improvement districts, initiation by the State.
46-79 CUSIP numbers for district improvement bonds or improvement district bonds of counties.
46-80 Improvement by assessment; financing.
46-80.5 Special improvement district.
46-81 Reserve funds for payment of improvements.
46-85 Contracts for solid waste disposal.
46-86 Transactions for utility services.
46-89 Broadband-related permits; automatic approval.
46-103 Establishment of tax increment district.
46-105 Collection of tax increments.
46-107 Tax increment bond anticipation notes.
46-109 Termination of a tax increment district.
46-111 Computation of tax increment.
46-112 Tax on leased redevelopment property.
46-124 Negotiating development agreements.
46-125 Periodic review; termination of agreement.
46-126 Development agreement; provisions.
46-127 Enforceability; applicability.
46-129 County general plan and development plans.
46-130 Amendment or cancellation.
46-142 Authority to impose impact fees; enactment of ordinances required.
46-142.5 School impact districts; new building permit requirements.
46-143 Impact fee calculation.
46-144 Collection and expenditure of impact fees.
46-146 Time of assessment and collection of impact fees.
46-147 Effect on existing ordinances.
46-163 Conditions for the transfer of development rights.
46-165 Other rights not affected.
46-171 Actions for false claims to the counties; qui tam actions.
46-172 Civil actions for false claims.
46-173 Evidentiary determination; burden of proof.
46-174 Statute of limitations.
46-175 Action by private persons.
46-176 Rights of parties to qui tam actions.
46-177 Awards to qui tam plaintiffs.
46-179 Fees and costs of litigation.
46-180 Relief from retaliatory actions.
46-181 Certain actions barred.
46-192 County emergency medical services system; establishment.
46-193 County, functions; duties.
46-194 Emergency medical services; fees.
46-195 Community paramedicine program; established.
46-196 Emergency medical services; levels of service; contracts.
46-198 Immunity and limitation on liability for emergency aeromedical services.