Who is exempt from impact fees and how credits work

A. The following shall be exempted from payment of the impact fee: 1. Alterations or expansion of an existing dwelling unit where no additional units are created and the use is not changed; 2. The construction of accessory buildings or structures, as defined in chapter 19.04 of this code, which will not increase the traffic counts; 3. The replacement of an existing building or structure with a new building or structure of the same size and use which will not increase the traffic counts; 4. The construction of publicly owned governmental buildings; 5. The construction of government-sponsored affordable housing projects; or 6. Developments comprised of 100 percent residential workforce housing units, as defined in section 2.96.020 of this code. B. Credits. 1. In lieu of paying the impact fee, a landowner or developer may elect, in addition to site-related improvements, to construct part of the road network system or dedicate lanes for roadway improvements. The developer shall submit a proposal and a cost estimate, certified by an architect or engineer licensed to practice in the State of Hawaii, to the department of finance. The director of finance in consultation with the County departments of planning and public works and environmental management shall evaluate whether the proposed construction is an appropriate substitute for the impact fee assessed. If appropriate, the director of finance shall recommend to the council the amount of credit to be accepted and the timetable for completion of the proposed construction. Acceptance of the recommendation of the director of finance shall be by resolution of the council. If a developer has dedicated lands, an appraisal shall be submitted to the department of finance indicating the fair market value of said lands. 2. Credit for construction costs given to the applicant shall be repaid by the County from new land development activities coming on line in the future. 3. Credit for transportation management systems which alleviate the need for additional roadway capacities or traffic improvements shall also be recognized and given the applicant. ( Ord. No. 4941 , § 6, 2018; Ord. 3433 § 1 (part), 2007)