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Breaking new ground j
<br /> nlpact fees for school facilities are an idea whose time and restrictive(in Texas and Illinois,for example)to very
<br /> might come some day But,say those familiar with the brief,general laws(New Jersey and Indiana)that give local
<br /> fees and their use,that day hasn't arrived yet governments considerable latitude,says Leitner,a special-
<br /> According to Mary Fulton,a policy analyst for the Den- ist in zoning and land-use law.California,a leader in they
<br /> ver-based Education Commission of the States,school field,levies impact fees not only on residential develop-
<br /> leader sand tether policy makers have discussed the idea of ment but also on nonresidential development such as o`
<br /> using impact fees as an option for generating more school fices and retail stores,based on square footage,says Leit-
<br /> revenlle. But. Fulton says, she hasn't seen many examples ner,who predicts an"inexorable tide"toward the levying of
<br /> of impact fees for school construction levied around the impact fees.
<br /> country. "Not many districts have moved in this area,"she Even-without statewide enabling legislation,he notes,
<br /> says. "(Impact fees) won't apply to many districts.unless -- impact fees are-used-all the time:Local governments ofi:en
<br /> they are rapidly growing and can make arguments as to can levy them under their home rule or planning and zon-
<br /> why these fees are necessary." ing powers.•Fibrida,for example,has no legislation that ex-
<br /> Still,say some school board officials,the practice of as- plicitly allows impact'fees;,but local governments in that
<br /> sessing impact fees for school facilities is one school - state have+levied-such fees;including those for new school
<br /> boards might welcome. Randy Quinn,executive director of construction,since the mid-19709;such fees are used more
<br /> the Colorado Association of School Boards,says schools in widely in Florida than in any other state in the country.
<br /> his state,would benefit from impact fees because the state Still,when they have been imposed,school impact fees
<br /> does not provide money for renovations or new buildings.> have not always successfully withstood scourt challenges.
<br /> "If new people come in and bring new students,they Last summer,a district judge in Colorado struck down the
<br /> should help finance the costs,"Quinn says.Impact fees will fees that Douglas County,a high growth school district near
<br /> assist schools that can't keep up with growth using the tra- Denver,had imposed in 1992 to ensure that new residential
<br /> ditional means,including borrowing money. development bore its share of the cost of building new
<br /> Although school impact fees still are relatively rare,they schools,'Me judge held that the county did not have the au-
<br /> could be part of a growing national trend toward impact thority to impose impact fees,according to an article in the
<br /> fees in general.Nineteen states now have general legisla= Denver Post.The judge also said that Colorado's school fi-
<br /> tion allowing the assessment of impact fees,compared with nance law,which was in effect when Douglas County levied
<br /> 1986,when only three—Arizona,California;and New Jer- its impact fees,was created to ithprove equity among school
<br /> sey—had such laws on the books.Two other states,Mary- districts and among property-tax payers in school districts.
<br /> land and Tennessee,have adopted special legislation that According to state law,the judge said,all school districts
<br /> allows individual counties to impose impact fees,according had to operate under the same finance formula.
<br /> to attorney Martin Leitner,author of a survey of relevant For more information about using impact fees for school
<br /> legislation published in the summer 1993 edition of the facilities, contact: Martin Leitner, managing paolner,
<br /> Urban Dwyer. Freilich, Leitner and Carlisle, Suite 1000, 4600 Madison,
<br /> Laws vary widely from state to state,however.Vermont, Kansas City, Mo. 64112-3012. Telephone: (816) 561-4414. 1
<br /> for example,allows unrestricted impact fees that can be can also provide information. Write me at Park City School
<br /> used for any public facility,but Virginia's impact fees can District, P. O. Box 680310, Park City, Utah 84060. Te':e-
<br /> be used only for roads.Other laws range from very specific phone: (801) 645-5600, ext. 125; fax: (801) 645-5609.—t1.1.r.
<br /> ;1 ': • 1, !11, lit taint• \tit• staved I wit sed on the desired out- courts in California. Florida. Illinois. and \Vlx'ttll,in I'I!t•
<br /> and imposition of impact fees to legal test usually applied to these fees—called tht. rational
<br /> 1—ild lit '.k , lal< rotnns ter children. (Some differences of nexus test—requires that impact fees be charged in proper
<br /> -
<br /> It!lntM .0 trvt•r %N ho would determine the exact anlount tion to the facilities needed by the development imd that
<br /> 0 !!I,- !t I old vv hether "allordable housing" would be ex- they be used for the benefit of the nett'developnu•nt-
<br /> 111w i ht. lttrnwr \ta; resolved legally: "111e city and county the courts usually examine ;ix hu•lors then Ieukim, .t
<br /> lint t10;e on the recommendation of the district. impact fees:
<br /> r I t• ullcd in the decision not to vxemlll ally 1. Distance—the di,tance betwet'n the t;lcilitr ht•nl,g hulls
<br /> I and the new developmenu
<br /> ! !I, '1! !nd final ,tep in Park City was tht• formal ap- 2. lime—the time between the collection of the Iccs ;old
<br /> hnl,art Ict•s and the agreements by all three the building of the new facility;
<br /> � .t-nna'0ta11 ht,dit•. 0ur linal plan—which called for a tee 3. Cost—the anlount of funds collected from the ft'(" and
<br /> ' 11 ij i l,t r hriln'll y dwelling; unit—complied with all ap- the cost of the new facility:
<br /> !her !.ut I:rt,, local erdinancv;,and district policies. -1. Need—the relationship between the need for;ucll it ta•
<br /> 1 IcL!,al frame%%ork cility a nd the type of developnu•nt payins_r 111v It's
<br /> .i. I>t•11clit—Ilse hent•fil l0 Ihr• net\ dt \t lopntt n! I 01,
<br /> It-tilt* lt*y!ad Iranlrwerk ler -4010011,161- lypr eI lac ility built: and
<br /> %%hit h I< currcntly hcing usvd in it nutnbcr I; 1:armarkin.v—t lit• pro\ise thilt It's•; %01 ht. 11" t! „11;\ its
<br /> I!!,- , ounlr\ and ha, beell uphold b\' build the IN pe of lalt'lllt\ ItIr tt'hich Ills' lt't t'ft t ,r11t
<br /> II'")I.19(I\RI I if 11 I;\.\l. \I\lit I I I"" I:;
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