Agenda - 05-26-1992 - Laserfiche WebLink

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K However, the County did receive authority in the 1991 Session to impose impact fees for school capital needs throughout the county, not just within. the County's planning jurisdiction. Impact fees are still a relatively new funding mechanism, and case law concerning them is still developing. There are some complicated statutory and constitutional considerations involving setting an impact fee. For this reason, the County staff prepared a technical report which outlined the methodology for calculating a system of fees. The initial draft of the report was presented to the Board of Commissioners in January of 1992. Subsequently, the draft report was distributed to the municipalities in the county, the two school boards, the Homebuilders Association, the Board of Realtors, the Community Housing Corporation, and the Chambers of Commerce. In March, 1992, meetings were held with representatives of the organizations to discuss impact fee levels, methods of collection, and other concerns. Upon request, presentations were also made to municipal governing boards. In April, 1992, a report summarizing the results of the meetings was presented to the Board of Commissioners, including options for raising specific amounts of capital to finance public school improvements. In May, 1992, a public hearing was held to give the citizens of Orange County an opportunity to voice their opinion on establishing a system of impact fees. The technical report provided with the agenda materials represents a revision to the initial draft. It seeks to address the discussion, debate, and concerns identified during the series of meetings held in March, April, and May of 1992. In addition, the methodology and calculations used in the initial draft have been reviewed to insure consistency and accuracy. At the conclusion of the hearing and upon receipt of the Planning Board's recommendation, the Board of Commissioners may decide on whether or not to include a schedule of impact fees in the FY 1992 -93 budget. QUESTIONS AND COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD JAMES GRAY stated he understands a mobile home owner would be paying the largest percentage of impact fees. He feels the property tax is more equitable. Mr. Collins indicated that because the property tax is geared to a specific type of structure, it is a more equitable tax. The rationale for using an impact fee is that what a family actually uses in terms of services will determine the amount they pay. The assumption is that more children live in homes with a larger number of bedrooms. He also mentioned that the Courts have interpreted the law in such a way that the impact fee cannot address differences in the value of housing units. BILL WADDELL asked if a retirement community would be expected to pay impact fees if they did not allow children as residents? He feels that affordable housing will be even more difficult to achieve if the impact fee is approved. Also, capital expenditures in the school system are often used for replacement facilities as well as for new construction. He asked how that would be taken into account when the monies are allocated? Mr. Collins indicated that only skilled nursing care centers would be exempt from this fee. He also reiterated that the money collected from the impact fees would be used for new construction. He agreed that a system of impact fees would have some negative effect on affordable housing and that that issue needs to be discussed further. He also mentioned that residential communities do not pay for the full cost of services provided to them in Orange County. The