HRS §46-145
Getting impact fees back when they are not used
This section explains when and how a developer can get impact fees refunded if the county or board does not spend or commit them in time. It also covers what happens if the county ends the fee program, including public notice and what happens to unclaimed money. Recoupment is not covered by these rules.
countiesdevelopers
The statute, as written — Refund of impact fees
(a) If impact fees are not expended or encumbered within the period established in section 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 section 46-144. (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).
Sections this one refers to
§46-144 Rules for collecting and spending impact fees
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.