§302A-1602 Definitions. As used in this subpart, the following terms shall have the following meanings unless the context indicates otherwise:

"Construction cost" means the net cost to construct a school, including without limitation, planning, design, engineering, grading, permits, construction, and construction and project management, but not including the cost to acquire land.

"Construction cost component impact fee" means ten per cent of the share of the construction cost for the required new school, the expansion of existing school facilities that is attributable to a specific new residential development, or both.

"Cost per student" means the average of actual school construction costs, expressed in current dollars, divided by the respective design enrollments, for schools constructed within approximately the last ten years.

"County" means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui.

"Design enrollment" means the maximum number of students, or student capacity, a permanent school facility is designed to accommodate.

"Developer" means a person, corporation, organization, partnership, association, or other legal entity constructing, erecting, enlarging, altering, or engaging in any new residential development activity.

"Dwelling unit" or "unit" means a multi-family or single-family residential unit.

"Fee in lieu" means a fee determined pursuant to section 302A-1606 that is paid in lieu of the dedication of land.

"Land area per student" means the area of land in acres required per student for a school site based on design standards for schools, which may include the actual school site size and the design enrollment of schools constructed within approximately the last ten years.

"Land component" means a fee simple property that is vacant, suitable for a school site, and improved with infrastructure that is the total school area dedication requirement for a new residential development in a school impact district.

"Land component impact fee" means the land component, the fair market value of the land component, or any combination thereof that is attributed to a specific new residential development.

"Level of service" means the percentage of classrooms that are located in permanent structures, but not including classrooms located in portable buildings.

"Multi-family unit" means any dwelling unit other than a single-family dwelling unit.

"New residential development" means new residential projects involving rezoned properties or parcels, current zoned parcels with or without buildings, and redevelopment projects. These projects include subdivisions and other forms of "lot only" developments (when the dwelling units will not be built by the developer), and developments that include single-family and multi-family units, condominiums, and additional or accessory dwelling units as defined by each county.

"Owner" means the owner of record of real property or the owner's authorized agent.

"Proportionate share" means the pro rata share of the school impact fee attributed to the specific new residential development based on the number of units in the development.

"Recent school site area averages" means the department's historical average acres for new elementary (K-5), middle (6-8), and high (9-12) schools. Based on historic schools constructed in the 1997 to 2007 period, the initial recent school site area averages are as follows:

Land Area/school Enrollment/school Land Area/student

Elementary 12.5 acres 800 students .0156 acres

Middle 16.5 acres 1,500 students .0110 acres

High 49 acres 1,600 students .0306 acres

"Revenue credit" means the state general excise tax revenues under chapter 237 that will be generated by a new dwelling unit and used to fund school capital facilities and pay for outstanding debt on existing facilities.

"School facilities" means the facilities owned or operated by the department, or the facilities included in the department of education capital budget or capital facilities plan.

"School impact district" means a geographic area designated by the board where an anticipated new residential development will create the need for one or more new schools or the expansion of one or more existing schools that are or will be located within the area and will primarily serve new dwelling units within the area.

"Single-family unit" means a detached dwelling unit not connected to any other dwelling unit, or a detached building containing two dwelling units.

"Single-family unit count" means the total single-family units planned for a proposed new residential development.

"Student generation rate" means the number of public school students generated by each multi-family and single-family unit when a residential development has matured and enrollment per unit no longer fluctuates significantly, or has substantially achieved a steady state. The student generation rate for a school impact district shall be based on analysis of the existing number of residential units and public school students in an area, and the student generation rates of comparable projects and areas. [L 2007, c 245, pt of §2; am L 2010, c 188, §5]