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Brealdng new ground 31 j
<br /> Irnpact 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 Indlana) 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 /> Ieadvr,;and other 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 /> revenne. 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 atre: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.Flbrida,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 midA970s;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'court 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 tare,they schoolar-1be 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 legisW- Denver Post.The-judge also said that Colorado's school fi-
<br /> lion 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 pal'tner,
<br /> Urban Lawyer. 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. I
<br /> for example•allows unrestricted impact fees that can be can also provide information.Write me at Park City Schr.of
<br /> used for any public facility,but Virginia's Impact flees can District, P. O. Box 680310, Park City, Utah 84060. 'Ce!e
<br /> be used only for roads.Other laws range from very specific phone: (801) 645-5600,ext 125; fax: (801) 645-5609.—mi.F.
<br /> I
<br /> tl` • !nt t`1. ht•cati,v \sty stayed focused un the desired out- courts in California. Florida. Illinois, aml Wisconsin I-llt•
<br /> !n, -list. !t \'t Iltpnu nt and imposition of impact fees to legal test usually applied to these fees—called tht- ratimial
<br /> 1 `!tell rl• \ t las�rolmis (or children. (Some differences of nexus test—requires that impact fees be charged in propw—
<br /> t,lnl nl :11 I.t• I)VI-r Who would determine the exact amount tion to the facilities needed by the development and Ihat
<br /> •,I !hl• !, I. and whether "affordable housing" would be ex- they be used for the benefit of the ne\e deceloprnt•nt.
<br /> mp1. Hit tttrnit•r was resolved legally:•Ihe city and county The courts usually examine six factors \\ht•n Iooking •!!
<br /> I till. !I'I•. but Ito -�o on the recommendation of the district. impact fees:
<br /> I !i, :;wt r nl tilled in the derision not to exempt any 1. Distance—the distance between the lacililc bt•im! 1)11111
<br /> and the new development.
<br /> Pit lure! and final -tivp in Park City was the formal ap- 2. 1•ime—the time between the collt•ction 111 tilt- It-sand
<br /> ;•t t\:1i ,tl Iht• impart Irv,; and the agreements by all three the building of the new facility:
<br /> ,tl:t rnn!t nlal h.nlit:: our final plan—which galled for a fee :3. Cost—the amount of funds collt•cted Irolu the fvft• ;Intl
<br /> ullt Itt r ptimat-v (Iwelliog unit—•complied with all ap- the cost of the new facility:
<br /> !i :Ill.• I;rt• Iwxc .,local ordinance•:,and district polities. .1. Need—the relationship between the lict•d for-mch it Ia-
<br /> cilily and tilt-type of developnn•nt payintr III,-It•.
<br /> It ! l frsnu\ trk .
<br /> i. I,t•nt•fll—Iht• ht-tit-til lu 111r• lt1 \\' d. ct InI tut nt 1• t i1`.
<br /> :..1, /:!.t• tl<Illt It gal hallo `.\nrk for -choul lacil type n1 lacility built:aIld
<br /> t•! ,•!t ' !t t•. %hich I-� l•Ilrri-nd\• 1)cing flute in I Iltltn1wr 6 F.armarklrt,l—Ilit- pr vii o deal Ict- l\Ill ht• 11-1! . 11�\ 1t.
<br /> .•• ! '- '1• 't-It- .It 1'1011 Iht• t IItllllr\ :I11d Ilan I)I•I•tl tlplIvId by build Illy IVI)e III lacllll\ Idly\\IIIt'll Ill.- w, -
<br /> !11 It I•!. t` II a tl.!;I t\lilt !t t! I;\.\I. \I\I\I !! !..• 33
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