(a) Impact fees may be assessed, imposed, levied, and collected by:

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Terms Used In Hawaii Revised Statutes 46-142

  • Board: means the board of water supply or water board of any county. See Hawaii Revised Statutes 46-141
  • Capital improvements: means the acquisition of real property, improvements to expand capacity and serviceability of existing public facilities, and the development of new public facilities. See Hawaii Revised Statutes 46-141
  • Comprehensive plan: means a coordinated land use plan for the development of public facilities within the jurisdiction of a county based on existing and anticipated needs, showing existing and proposed developments, stating principles to which future development should conform, such as the county's general plans, development plans, or community plans, and the manner in which development should be controlled. See Hawaii Revised Statutes 46-141
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Development: means any artificial change to real property that requires a grading or building permit as appropriate, including, but not limited to, construction, expansion, enlargement, alteration, or erection of buildings or structures. See Hawaii Revised Statutes 46-141
  • Impact fees: means the charges imposed upon a developer by a county or board to fund all or a portion of the public facility capital improvement costs required by the development from which it is collected, or to recoup the cost of existing public facility capital improvements made in anticipation of the needs of a development. See Hawaii Revised Statutes 46-141
  • Needs assessment study: means a study required under an impact fee ordinance that determines the need for a public facility, the cost of development, and the level of service standards, and that projects future public facility capital improvement needs; provided that the study shall take into consideration and incorporate any relevant county general plan, development plan, or community plan. See Hawaii Revised Statutes 46-141
(1) Any county for any development, or portion thereof, not involving water supply or service; or
(2) Any board for any development, or portion thereof, involving water supply or service;

provided that the county enacts appropriate impact fee ordinances or the board adopts rules to effectuate the imposition and collection of the fees within their respective jurisdictions.

(b) Except for any ordinance governing impact fees enacted before July 1, 1993, impact fees may be imposed only for those types of public facility capital improvements specifically identified in a county comprehensive plan or a facility needs assessment study. The plan or study shall specify the service standards for each type of facility subject to an impact fee; provided that the standards shall apply equally to existing and new public facilities.