The council has determined that certain types of developments should be given priority to ensure orderly growth in the region served by the Wailuku-Kahului wastewater treatment facility. Allocation of wastewater expansion capacity for certain categories of development in the Wailuku-Kahului region are set forth in this chapter. (Ord. 2392 § 1 (part), 1994)

The ordinance codified in this chapter is adopted pursuant to article VIII of the Constitution of the State, the charter of the county of Maui and the authority granted to the county by chapter 46 of the Hawaii Revised Statutes. (Ord. 2392 § 1 (part), 1994)

Whenever used in this chapter, unless a different meaning clearly appears from the context:

“ADF” means actual peak average daily flow.

“Affordable housing” means long-term residential developments to be marketed for sale or rental for persons or families whose incomes are identified as one hundred forty percent or less of the median income for the county of Maui for an adjusted family size as determined by the United States Department of Housing and Urban Development.

“Applicant” means any person, having the requisite authority, who applies or has applied for a building permit or any subdivision approval.

“Building” shall have the same meaning as defined in the Uniform Building Code as adopted, amended, or replaced by the county.

“Building permit” means the official document or certificate issued by the county authorizing the construction of any building or structure.

“DC” means the design capacity (as expanded).

“Development” means the erection of one or more buildings or structures or a subdivision of land into two or more lots.

“Long-term residential developments” means single-family or multifamily developments which are occupied by an owner or lessee for a continuous period of six months or more per year.

“Public/quasi-public uses” means those permitted uses as set forth in chapter 19.31 of this code.

“RR” means future long-term residential development flow estimates.

“Structure” shall have the same meaning as defined in the Uniform Building Code as adopted, amended, or replaced by the county.

“Subdivision” shall have the same meaning as defined

in title 18 of this code, the subdivision ordinance.

“Uniform Building Code” means the Uniform Building Code as adopted, amended, or replaced by the county (such code is currently set forth in chapter 16.26A of this code). (Ord. 2392 § 1 (part), 1994)

A. The expansion capacity of the Wailuku/Kahului treatment facility shall be allocated to those applicants for new developments under the provisions of this chapter, in the order of building permit issuance. The one million six hundred fifty-three thousand gallons of expansion capacity shall be allocated as follows:

1. Affordable housing: three hundred forty thousand gallons per day (gpd);

2. Long-term residential housing: seven hundred sixty-seven thousand gallons per day (gpd);

3. Public/quasi-public uses: one hundred thousand gallons per day (gpd);

4. Hotels: seventy thousand gallons per day (gpd);

5. All other developments: three hundred seventy-six thousand gallons per day (gpd).

Any changes in the above allocations shall be approved by the council by ordinance.

B. In making this determination, where capacity is available and the development of the applicant next in line exceeds the available capacity, the director may in his discretion allocate such available capacities to later applicants in the order of permit issuance. Prior to making such a determination, the director shall allow the applicant, whose development exceeds the available capacity, thirty days within which to make adjustments to the development plans. If the adjustments bring the flow projections within the available capacity, the said applicant shall be allowed to connect to the extent of the reduced capacity. Should the development’s wastewater flow demands not be reduced to thirty days, the director may proceed to allocate within the available capacity in the manner noted hereinabove.

The formula for calculating additional capacity for developments other than long-term residential developments:

DC - (ADF + RR) = capacity available for developments other than long-term residential developments.

C. All new developments which utilize expansion capacity shall comply with the applicable terms of any sewer impact fee or assessment ordinance. (Ord. 2805 § 1, 1999: Ord. 2392 § 1 (part), 1994)

The council shall review the provisions set forth in section 20.16.070 of this code every six months. (Ord. 2392 § 1 (part), 1994)