(a) 
The Council of the County of Kaua'i hereby finds and determines that the development and construction of new resort facilities, residential dwelling units and new commercial or industrial structures within the County may impose substantial impacts on the existing quality of life, social welfare, and ecology of the County, and threatens to have significant adverse effects on the water, land and air within and surrounding the County, and threatens to burden and overtax existing public facilities of the County which provide public services, highways, housing, police and fire protection, public utilities, water, and treatment and disposal of sanitary sewage, which thus pose a direct detrimental impact on the health, safety and general welfare of the County and its residents, and their environment.
(b) 
The Council further finds that the development and construction of new resort facilities, residential dwelling units and new commercial and industrial structures within the County creates an additional burden on the fiscal ability of the County to continue to provide adequate public services and capital improvements necessary to maintain and improve the quality of government services and public facilities currently enjoyed by the people of Kaua'i.
(c) 
The Council further finds that the implementation of the debt limitation upon the State's financial resources established by the 1978 Constitutional Amendment coupled with the severe financial constraints already placed upon the County will make it increasingly difficult to fund the necessary capital improvement projects for the County.
(d) 
The Council further finds and determines that the imposition and collection of a special, nonrecurring fee upon the development and construction of new resort facilities, residential dwelling units and new commercial or industrial structures within the County is the most practical and equitable method of providing revenues with which the County may meet and resolve the serious environmental problems and burdens on existing public facilities and services created by such development and construction.
(e) 
The Council further finds that the number of units in a resort complex or in a residential housing development tends to be reasonably proportionate to the physical impact on the environment and the fiscal impact on the financial resources of the County that the occupation of said units will have and on the extent of municipal services required to sustain such units and that the number of parking stalls servicing commercial buildings and the gross area of industrial buildings is a reasonable gauge of the impacts created by such buildings.
(f) 
The Council further finds that it is necessary to ensure that all assessments must be expended in a manner that is consistent with the provisions of Ordinance No. 371, an Ordinance Establishing Trust Fund for Contributions by Developers (Chapter 6). Consequently, all fees collected pursuant to this Chapter shall be paid into the trust fund account and distributed in accordance therewith.
(Ord. No. 396, August 11, 1980)
When used in this Chapter, the following words or phrases shall have the meaning given in this Section unless it shall be apparent from the context that a different meaning is intended:
"Gross building area"
means the area within the surrounding exterior walls of a building. In addition, unenclosed roofed areas under the horizontal projection of the roof or floor above such as corridors, malls and lobbies which serve as a means of personnel circulation shall be considered as part of the gross building area.
"Subdivision"
means the division of land or the consolidation and resubdivision into two (2) or more lots or parcels for the purpose of transfer, sale, lease, or building development, and when appropriate to the context, shall relate to the process of dividing land. The term also includes a building or group of building containing or divided into two (2) or more dwelling units or lodging units.
(Ord. No. 396, August 11, 1980)
A fee is hereby assessed upon each new subdivision and the construction of each new hotel, motel, multifamily time share unit, multi-family transient vacation rental unit, commercial and industrial facility within the County.
(Ord. No. 396, August 11, 1980; Ord. No. 1117, July 7, 2022)
The amount of the assessment due hereunder and payment schedule shall be determined at the time of the issuance of the building permit with the exception of subdivisions of land for single-family dwellings which shall be determined and paid prior to final subdivision approval. These assessments shall be collected by the Director of Finance or his or her designee.
(Ord. No. 396, August 11, 1980)
All proceeds from the fees collected under this ordinance shall be paid into the trust fund established pursuant to Ordinance No. 371 (Chapter 6).
(Ord. No. 396, August 11, 1980)
Except as herein otherwise provided, nothing contained in this Chapter shall affect the imposition or collection of fees established pursuant to any other County ordinance, rule or regulation.
(Ord. No. 396, August 11, 1980)
Excepting the provisions of Section 11A-2.1, no credit shall be given for any improvements required to be provided pursuant to conditions imposed by zoning ordinances in accordance with the authority vested in the Council by the Comprehensive Zoning Ordinance.
(Ord. No. 396, August 11, 1980)
Section 3.025E3 of Ordinance No. 164, Comprehensive Zoning Ordinance, is hereby repealed in its entirety; provided, however, that this repeal shall have no effect on the collection or payment of assessments imposed pursuant to said section prior to the effective date of this Chapter.
(Ord. No. 396, August 11, 1980)
The provisions of this Chapter shall not apply to:
(a) 
Subdivision of land into two (2) or more lots only for the purpose of clarifying public records or adjustments of boundaries, provided that no additional lots will be developed for the purpose of building dwelling units thereon.
(b) 
Subdivision of land into two (2) or more lots for agricultural purposes which will not be developed into dwelling units. The subdivider desiring such an exception shall file with the Planning Director a certified statement therefor, stating fully the grounds for the exception and that the subdivided land shall not be provided with dwelling units. These conditions shall run with the land.
(c) 
Government-sponsored housing projects or other public facilities. For the purposes of this Chapter, government-sponsored housing projects shall include private developments that are funded partially or wholly by Federal, State, or County agencies for low- or moderate-cost housing, the criteria of which shall be established by the County Public Housing Agency.
(d) 
Privately developed low-cost housing projects financed entirely by private funds provided that the selling price or rental of such housing shall be in accordance with standards established by the County Public Housing Agency.
(e) 
Subdivision or other development necessary for public utility business by a public utility company as defined in Chapter 269-1, Hawai'i Revised Statutes, provided that said public utility company uses utility poles, towers and transmission lines in providing service to the public, and provided that no additional lots will be developed for the purpose of constructing dwelling units thereon.
(f) 
Subdivision of buildings, as defined in Sec. 11A-1.2, for which a zoning permit has been granted in accordance with the provisions of Article 19 of the Comprehensive Zoning Ordinance, provided that a building permit is secured within twelve (12) months from the effective date of the ordinance codified in this Chapter.
(g) 
Commercial and industrial developments for which a zoning permit has been granted in accordance with the provisions of Article 19 of the Comprehensive Zoning Ordinance, provided that a building permit is secured within twelve (12) months from the effective date of the ordinance codified in this Chapter.
(h) 
Subdivision of land that has been granted preliminary approval prior to the effective date of the ordinance codified in this Chapter, provided that final approval is received within twelve (12) months of preliminary approval.
(i) 
The following ordinances authorizing development where a fee has been imposed by such ordinance for contribution to the County Trust Fund or in lieu of park dedication: PM-26-79; PM-29-79; PM-31-79; PM-35-79; PM-45-79; PM-52-79; and PM-56-80.
(j) 
Any developer who, during the course of obtaining the various governmental approvals and permits is required to provide improvements which are designated in the Capital Improvements Program and the Capital Rehabilitation Program of the County, or the Capital Improvements Program of the State, if the cost of said improvements equals or exceeds the environmental impact assessment fee levied pursuant to this Chapter; provided, that if the said improvement costs are less than the assessed fee, the developer shall pay the difference. No credit shall be given for onsite improvements which benefit the land being developed. Further, no credit shall be given for improvements which are subject to a rebate in the amount equal to such rebate.
(k) 
An Additional Rental Unit ("ARU") that is certified by the Housing Agency that the ARU qualifies as affordable housing pursuant to Sec. 2 1.16 of the Kaua'i County Code 1987, as amended.
(Ord. No. 396, August 11, 1980; Ord. No. 429, July 30, 1982; Ord. No. 1060, November 12, 2019)
The provisions of this Chapter shall apply to:
(a) 
An existing building approved prior to the effective date of the Ordinance codified in this Chapter when such building is enlarged or altered to increase the number of dwelling units in the case of subdivisions, hotels, motels, multi-family time share units, multi-family transient vacation rental units, or increase the gross building area in the case of commercial and industrial developments.
(b) 
An existing building approved prior to the effective date of the Ordinance codified in this Chapter when such building is demolished and a new building is constructed in its place. This Chapter shall apply only to any additional dwelling units built in the case of subdivisions, hotels, motels, multi-family time share units, multi-family transient vacation rental units, or the gross building area increased in the case of commercial and industrial developments.
(c) 
Land and building subdivisions for single-family residential purposes consisting of the first six (6) lots or units shall be assessed two hundred fifty dollars ($250.00) per lot or unit. One (1) lot or unit shall be exempt from assessment. Subdivision of all lots or units subsequent to the initial six (6) shall be assessed the full fee applicable to the lots or units as provided in Subsection (d) of this Section, regardless of the change in ownership of the lot or unit assessed since the first assessment.
(d) 
Land and building subdivisions for single-family residential purposes consisting of more than six (6) lots or units shall be assessed five hundred dollars ($500.00) per lot or unit. One (1) lot or unit shall be exempt from assessment.
(e) 
Each new hotel, motel multi-family time share unit, and multi-family transient vacation rental unit shall be assessed one thousand dollars ($1,000.00) per unit.
(f) 
Each new commercial development shall be assessed one hundred dollars ($100.00) per the minimum number of parking stalls serving that development as required by the Comprehensive Zoning Ordinance.
(g) 
Each new industrial building shall be assessed twenty-five cents ($0.25) per square foot of gross building area.
(h) 
Any development consisting of more than one (1) use (i.e., hotel development containing commercial building area or combined commercial and industrial building areas) shall be assessed a separate fee for each such use as provided hereinabove and shall not be assessed only according to the predominant use.
(Ord. No. 396, August 11, 1980; Ord. No. 1117, July 7, 2022)