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Thread: What impact fees can you charge????

  1. #1
    Cyburbian Joe Iliff's avatar
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    What impact fees can you charge????

    Here, in the great state of Texas, we can require exactions or charge impact fees for water, sewer, roads, and parks. But that's about it.

    I thought Arizona had impact fees or something for schools and education, but I not sure.

    For what do you or can you collect in your state?

    Does any state allow them for public safety (police stations, fire stations, etc.)?

    Thanks.
    JOE ILIFF
    ________________________________________________________________________
    Debt is normal . . . Be weird!
    Dave Ramsey

    "Rarely do we find men who willingly engage in hard, solid thinking. There is an almost universal quest for easy answers and half-baked solutions. Nothing pains some people more than having to think."
    Martin Luther King, Jr.

  2. #2
    Forums Administrator & Gallery Moderator NHPlanner's avatar
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    [A bit long winded...but what do you expect from a state statute?]

    Under NH RSA 674:21 (Innovative Land Use Controls) we have the following:

    674:21 Innovative Land Use Controls.
    I. Innovative land use controls may include, but are not limited to:
    (a) Timing incentives.
    (b) Phased development.
    (c) Intensity and use incentive.
    (d) Transfer of development rights.
    (e) Planned unit development.
    (f) Cluster development.
    (g) Impact zoning.
    (h) Performance standards.
    (i) Flexible and discretionary zoning.
    (j) Environmental characteristics zoning.
    (k) Inclusionary zoning.
    (l) Accessory dwelling unit standards.
    (m) Impact fees.
    II. An innovative land use control adopted under RSA 674:16 shall contain within it the standards which shall guide the person or board which administers the ordinance. An innovative land use control ordinance may provide for administration, including the granting of conditional or special use permits, by the planning board, board of selectmen, zoning board of adjustment, or such other person or board as the ordinance may designate. If the administration of the innovative provisions of the ordinance is not vested in the planning board, any proposal submitted under this section shall be reviewed by the planning board prior to final consideration by the administrator. In such a case, the planning board shall set forth its comments on the proposal in writing and the administrator shall, to the extent that the planning board's comments are not directly incorporated into its decision, set forth its findings and decisions on the planning board's comments.
    III. Innovative land use controls must be adopted in accordance with RSA 675:1, II.
    IV. As used in this section:
    (a) "Inclusionary zoning' means land use control regulations which provide a voluntary incentive or benefit to a property owner in order to induce the property owner to produce housing units which are affordable to persons or families of low and moderate income. Inclusionary zoning includes, but is not limited to, density bonuses, growth control exemptions, and a streamlined application process.
    (b) "Accessory dwelling unit' means a second dwelling unit, attached or detached, which is permitted by a land use control regulation to be located on the same lot, plat, site, or other division of land as the permitted principal dwelling unit.
    V. As used in this section "impact fee' means a fee or assessment imposed upon development, including subdivision, building construction or other land use change, in order to help meet the needs occasioned by that development for the construction or improvement of capital facilities owned or operated by the municipality, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; storm water, drainage and flood control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; the municipality's proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public library facilities; and public recreational facilities not including public open space. No later than July 1, 1993, all impact fee ordinances shall be subject to the following:
    (a) The amount of any such fee shall be a proportional share of municipal capital improvement costs which is reasonably related to the capital needs created by the development, and to the benefits accruing to the development from the capital improvements financed by the fee. Upgrading of existing facilities and infrastructures, the need for which is not created by new development, shall not be paid for by impact fees.
    (b) In order for a municipality to adopt an impact fee ordinance, it must have enacted a capital improvements program pursuant to RSA 674:5-7.
    (c) Any impact fee shall be accounted for separately, shall be segregated from the municipality's general fund, may be spent upon order of the municipal governing body, shall be exempt from all provisions of RSA 32 relative to limitation and expenditure of town moneys, and shall be used solely for the capital improvements for which it was collected, or to recoup the cost of capital improvements made in anticipation of the needs which the fee was collected to meet.
    (d) All impact fees imposed pursuant to this section shall be assessed prior to, or as a condition for, the issuance of a building permit or other appropriate permission to proceed with development. In the interim between assessment and collection, municipalities may require developers to post bonds, issue letters of credit, accept liens, or otherwise provide suitable measures of security so as to guarantee future payment of assessed impact fees. Impact fees shall normally be collected as a condition for the issuance of a certificate of occupancy. The above notwithstanding, in projects where off-site improvements are to be constructed simultaneously with a project's development, and where a municipality has appropriated the necessary funds to cover such portions of the work for which it will be responsible, that municipality may advance the time of collection of the impact fee to the issuance of a building permit. Nothing in this subparagraph shall prevent the municipality and the assessed party from establishing an alternate, mutually acceptable schedule of payment.
    (e) The ordinance shall establish reasonable times after which any portion of an impact fee which has not become encumbered or otherwise legally bound to be spent for the purpose for which it was collected shall be refunded, with any accrued interest. Whenever the calculation of an impact fee has been predicated upon some portion of capital improvement costs being borne by the municipality, a refund shall be made upon the failure of the legislative body to appropriate the municipality's share of the capital improvement costs within a reasonable time. The maximum time which shall be considered reasonable hereunder shall be 6 years.
    (f) Unless otherwise specified in the ordinance, any decision under an impact fee ordinance may be appealed in the same manner provided by statute for appeals from the officer or board making that decision, as set forth in RSA 676:5, RSA 677:2-14, or RSA 677:15, respectively.
    (g) The ordinance may also provide for a waiver process, including the criteria for the granting of such a waiver.
    (h) The adoption of a growth management limitation or moratorium by a municipality shall not affect any development with respect to which an impact fee has been paid or assessed as part of the approval for that development.
    (i) Neither the adoption of an impact fee ordinance, nor the failure to adopt such an ordinance, shall be deemed to affect existing authority of a planning board over subdivision or site plan review, except to the extent expressly stated in such an ordinance.

  3. #3
    Cyburbian Joe Iliff's avatar
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    Quite a lot

    I found this hidden in there, NH:

    "water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; storm water, drainage and flood control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; the municipality's proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public library facilities; and public recreational facilities not including public open space"

    That's quite a list.
    How much, if any, of those does your city charge?
    JOE ILIFF
    ________________________________________________________________________
    Debt is normal . . . Be weird!
    Dave Ramsey

    "Rarely do we find men who willingly engage in hard, solid thinking. There is an almost universal quest for easy answers and half-baked solutions. Nothing pains some people more than having to think."
    Martin Luther King, Jr.

  4. #4
    Forums Administrator & Gallery Moderator NHPlanner's avatar
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    We charge impact fees for schools, Recreation, library, west side fore district, and traffic impact fees.

    Traffic impact fees are assessed based upon PM peak hour traffic generation in our 2 studied corridors. The fees are based upon corridor studies that breaks down the proportionate share of the "ultimate buildout" between the town and development areas. For small projects it roughly ends up at $700 per PM peak hour trip. For larger developments, this can be in the hundreds of thousands. We do allow for credits to impact fees, if off-site improvements in accordance with the corridor study are completed.

    For other impact fees, they are assessed prior to each dwelling unit receiving a certificate of occupancy. They break down roughly as follows:

    Single detached: $4000 for schools, $700 for recreation, $120 for library.

    Single attached: $1000 for schools, $500 for recreation, $120 for library.

    Duplex/2-4 unit (per unit): $2600 for schools, $700 for recreation, $120 for library.

    5+ unit structure (per unit): $1000 for schools, $600 for recreation, $120 for library.

    manufactured housing: $2500 for schools, $500 for recreation, $120 for library.

    I'm not sure off the top of my head what the fire district fees are. They only apply for projects within our west fire area.

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