Why this road fee law exists

The Maui county general plan and Kihei-Makena community plan recognize that the county will experience continued growth and development of the Kihei-Makena region for, among other uses, resort, commercial and residential use. The Kihei-Makena community plan anticipates a population of 22,900 residents by the year 2005. It is recognized that present and future development of the Kihei-Makena region will place severe burdens on existing public infrastructure such as major arterials and collector streets which are heavily used and at capacity levels. The county has determined that in order to maintain an acceptable level of road service and to preserve the quality of life in the region, a system of financing traffic and roadway improvements is needed to assess, on a pro-rata share basis, the reasonably anticipated costs of improving or expanding roadway and traffic facilities necessitated by new land development activity. This chapter is intended to promote public health, safety and welfare by providing a fair and equitable method of sharing the growth-related costs incurred by the county for road and traffic infrastructure improvements made necessary by expanded population levels and increased economic activity as provided for under the Maui county general plan and the Kihei-Makena community plan. This chapter sets forth a regulatory scheme for the assessment and collection of impact fees to be borne on a pro-rata share basis by landowners and developers who directly contribute to expanding the population and increasing economic activity in the Kihei-Makena area through new land development activities. This chapter is intended to recover only a portion of the governmental expenditures related to growth. Existing residents will still be required to bear their appropriate share of the cost of the road network system. It is also the intent of this chapter that the impact fee structure be reasonable, understandable and adaptable to changes in policies and conditions. (Ord. 1880 § 1 (part), 1989)