(a) If impact fees are not expended or encumbered within the period established in § 46-144, the county or the board shall refund to the developer or the developer’s successor in title the amount of fees paid and any accrued interest. Application for a refund shall be submitted to the county or the board within one year of the date on which the right to claim arises. Any unclaimed refund shall be retained in the special trust fund or interest bearing account and be expended as provided in § 46-144.

Terms Used In Hawaii Revised Statutes 46-145

  • Board: means the board of water supply or water board of any county. See Hawaii Revised Statutes 46-141
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Developer: means a person, corporation, organization, partnership, association, or other legal entity constructing, erecting, enlarging, altering, or engaging in any development activity. 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
  • Recoupment: means the proportionate share of the public facility capital improvement costs of excess capacity in existing capital facilities where excess capacity has been provided in anticipation of the needs of a development. See Hawaii Revised Statutes 46-141
(b) If a county or board seeks to terminate impact fee requirements, all unexpended or unencumbered funds shall be refunded as provided in subsection (a) and the county or board shall give public notice of termination and availability of refunds at least two times. All funds available for refund shall be retained for a period of one year at the end of which any remaining funds may be transferred to:

(1) The county’s general fund and expended for any public purpose not involving water supply or service as determined by the county council; or
(2) The board’s general fund and expended for any public purpose involving water supply or service as determined by the board.
(c) Recoupment shall be exempt from subsections (a) and (b).

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