(a) Residential service.
(1) New residential applicants for service.
(A) A wastewater system facility charge shall be paid by each new applicant for service as a precondition to the issuance of a building permit by the city, where the new applicant is subject to liability under § 43-10.1(a); provided that the director of planning and permitting may defer payment of the facility charge for low-income housing projects and city or city-sponsored, or State or State-sponsored housing projects, but in all instances no connection to the city’s sewer system shall be allowed until the facility charge is paid. The required payment shall be based on the number and type of dwelling units to be constructed in accordance with § 43-10.3.
(B) Wastewater system facility charges for subdivision or development projects shall be paid as a precondition to issuance of building permits for the subdivision by the city. The minimum required payment shall be based on one equivalent single-family dwelling unit per lot. In the event more than one equivalent single-family dwelling unit is constructed per lot, wastewater system facility charges for each additional unit shall be paid as a precondition to the issuance of a building permit by the city; provided that the director of planning and permitting may defer payment of the facility charge for low-income housing projects and city or city-sponsored, or State or State-sponsored housing projects, but in all instances, no connection to the city’s sewer system shall be allowed until the facility charge is paid. Subdivision or development projects that have received final subdivision approval before October 24, 1990* shall be exempt from paying the minimum one equivalent single-family dwelling unit charge.
(2) Existing residential structures.
(A) An existing residential structure is exempt from liability under § 43-10.1 for its existing wastewater system capacity entitlement.
(B) An applicant for a building permit to enlarge an existing residential structure shall be liable for the wastewater system facility charge increment associated with the enlargement project, based on the number and type of dwelling units to be constructed in accordance with § 43-10.3. Payment of the charge shall be a precondition to the issuance of a building permit by the city.
For the purposes of this subsection, “city or city-sponsored housing project” means any one or more of the following: a housing project that is city-owned, city-funded or developed pursuant to any one or more of the following: HRS § 46-15 or 46-15.2 or under HRS Chapter 201H as applicable to the city through HRS § 46-15.1, “State or State-sponsored housing project” means a housing project that is any one or more of the following: State-owned, State-funded, or developed under HRS Chapter 201H, and “low-income housing project” has the same meaning as defined in § 43-10.6; provided that a “city or city-sponsored housing project” and a “State or State-sponsored housing project” may also be a “low-income housing project” for purposes of the reduction of the wastewater system facility charges pursuant to § 43-10.6.
(b) Nonresidential service.
(1) New nonresidential applicants for service. A wastewater system facility charge shall be paid by each new nonresidential applicant for service as a precondition to the issuance of a building permit by the city, where the new applicant is subject to liability under § 43-10.1(a). The required payment shall be based on the procedures indicated in § 43-10.4.
(2) Existing nonresidential structures.
(A) An existing nonresidential structure is exempt from liability under § 43-10.1(b) for its existing wastewater system capacity entitlement.
(B) An applicant for a building permit to enlarge an existing nonresidential structure shall be liable for the wastewater system facility charge increment associated with the enlargement project, based on the procedures set forth in § 43-10.4. Payment of the charge shall be a precondition to the issuance of a building permit by the city.
(C) An applicant wishing to increase its wastewater system capacity entitlement when no increase in structure size is required, shall be liable for the wastewater system facility charge increment associated with the increase, based on the procedures set forth in § 43-10.4. Payment of the charge shall be a precondition to the issuance of a building permit by the city.
(c) Mixed residential and nonresidential service.
(1) New mixed applicants for service. A wastewater system facility charge shall be paid by each new applicant for service as a precondition to the issuance of a building permit by the city, where the applicant is subject to liability under § 43-10.1(a); provided that the director of planning and permitting may defer payment of the facility charge applicable to the residential portion of a city or city-sponsored or State or state-sponsored housing project upon consideration of the applicant’s financial situation, but in all instances no connection to the city’s sewer system shall be allowed until the charge is paid. The required payment shall be based on the procedures set forth in § 43-10.5.
(2) Existing mixed structures.
(A) An existing structure is exempt from liability under § 43-10.1(b) for its existing wastewater system capacity entitlement.
(B) An applicant for a building permit to enlarge an existing structure shall be liable for the wastewater system facility charge increment associated with the enlargement project, based on the procedures set forth in § 43-10.5. Payment of that charge shall be a precondition to the issuance of a building permit by the city.
(C) An applicant wishing to increase its wastewater system capacity entitlement to accommodate a change in use of the existing structure shall be liable for the wastewater system facility charge increment associated with the increase, based on the procedures set forth in § 43-10.5. Payment of that charge shall be a precondition to the issuance of a building permit by the city.
For the purposes of this subsection, “city or city-sponsored housing project” means any one or more of the following: a housing project that is city-owned, city-funded, or developed pursuant to any one or more of the following: HRS § 46-15 or 46-15.2 or under HRS Chapter 201H as applicable to the city through HRS § 46-15.1, and “State or State-sponsored housing project” means any one or more of the following: a housing project that is State-owned, State-funded or developed under HRS Chapter 201H.
(1990 Code, Ch. 14, Art. 10, § 14-10.2) (Added by Ord. 90-80; Am. Ords. 95-11, 04-12, 12-7)
Editor’s note:
* “October 24, 1990” is substituted for “the effective date of this article.”