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It’s All About Fairness

It’s All About Fairness. National Impact Fee Roundtable Denver – October 2005 Dr. Arthur C. Nelson, FAICP Professor & Director Urban Affairs & Planning Virginia Tech – Alexandria Center. One Fee Does Not Fit All. Florida County “A” School impact fee per unit = $5,443

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It’s All About Fairness

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  1. It’s All About Fairness National Impact Fee Roundtable Denver – October 2005 Dr. Arthur C. Nelson, FAICP Professor & Director Urban Affairs & Planning Virginia Tech – Alexandria Center

  2. One Fee Does Not Fit All Florida County “A” • School impact fee per unit = $5,443 • Assumes 0.31 students per unit • Actual apartment rate is 0.12 per unit • Proportionate share should be = $2,057 • Apartments charged in excess of their proportionate share • Public safety & parks  same problem fees based on 2.38 persons per unit but apartments average 1.81

  3. Proportionate Share Equal protection • Similarly situated people must be considered similarly • Some argue that each residential unit is similar to the other, hence equal impact fees acceptable • Constitution addresses people not residential units • If the average person is charged 3 times their school impact, equal protection may be violated

  4. `

  5. Density Matters • Impacts fall when density rises for: • Public safety • Utilities • Transportation

  6. Persons Per Unit

  7. Insert ABQ water

  8. Location Matters • Distance to public transit • Distance to schools • Location in “fully served” versus “partially served” areas • Atlanta reduces road fees by 25% if within 1,000 feet of rail station • DeKalb County, GA to reduce road fees based on rail and bus access

  9. Configuration Matters • Integrated office, retail and residential reduces road impacts by 30%+ • Connected to multi-modal can reduce road impacts by 50%+ • Few impact fee programs recognize these reductions on fee schedules

  10. Assessment Base Matters • Fees usually assessed on only residential: • Parks & recreation • Libraries • schools • What is the source of impact? • New jobs = new households • Jobs = impact • Fairness • Broaden the base to include all development

  11. Credits Matter • External revenue credits • Account for non-local government revenues • “Double-Tax” revenue credits • Several Florida counties give dedicated school construction property tax credits based only on residential share, not all development • At least two counties give no such credit • Residential pays once for impact fees and again for paying off bonds for schools used by existing residents

  12. Parks and Recreation • Questionable Practices • 2 Georgia counties assess the same fee on all residential units. • Fees on apartments 36% to 51% higher than proportionate-share • Best Practices • Manatee County, FL • Fees vary by type of unit and by size of unit based on bedrooms

  13. Fire & EMS • Questionable Practices • 1 California city and 1 Georgia county assesses the same fee on all residential units. • Fees on apartments 33% to 45% higher than proportionate-share • Best Practices • West Valley City, UT uses Functional Population • Fees based on four residential categories Almost Missoula, MT has density-distance-based fees that vary from $91 to $1,354 per unit

  14. Roads • Questionable Practices • 2 California cities use same trip rate and length to charge fees in all residential units. • 1 California city gives no credit. • Best Practices • Manatee County, FL • 4 residential categories with 3 sizes in each, and different impact figures for each • Albuquerque, NM • Fees based on 7 service areas, type and size of unit and is $0 in several service areas

  15. Water & Wastewater • Questionable Practices • Common to assess based on meter size and equivalent units. • Emerging evidence suggests apartments overcharge by 2 to 5 times • Best Practices • Scottsdale, AZ 1 du/2.5 ac = $5,492 1 du/ac = $3,382 2-4 uncluster = $2,203 2-4 cluster = $1,802 4-8 du/ac = $1,585 9+ du/ac $1,337

  16. Next Steps • Need to vary impact fees by type and size of residential unit • Refine definitions of “proportionate share”, “pro rata” and “reasonable relationship” • Base size on bedrooms (census) or square feet • Encourage fee schedules to use automatic impact reductions for location, configuration benefits • Adopt legislative finding that all development creates impacts on and benefits from facilities  all development needs to be assessed.

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