Definitions
HRS §302A-1602
in effect302A-1602. Definitions
As used in this subpart, the following terms shall have the following meanings unless the context indicates otherwise:
"Authority" means the school
facilities authority established by section 302A-1702.
"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 agency'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 authority or the department, or the
facilities included in the authority or the department's 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; am L 2020, c 72, §7;
am L 2021, c 217, §9]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/HRS_0302A-1602.htmFetched: 11/10/2026