TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 82

DEVELOPMENT IMPACT FEES

67-8207.  Proportionate share determination. (1) All development impact fees shall be based on a reasonable and fair formula or method under which the development impact fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the governmental entity in the provision of system improvements to serve the new development. The proportionate share is the cost attributable to the new development after the governmental entity considers the following: (i) any appropriate credit, offset or contribution of money, dedication of land, or construction of system improvements; (ii) payments reasonably anticipated to be made by or as a result of a new development in the form of user fees and debt service payments; (iii) that portion of general tax and other revenues allocated by the jurisdiction to system improvements; and (iv) all other available sources of funding such system improvements.

(2)  In determining the proportionate share of the cost of system improvements to be paid by the developer, the following factors shall be considered by the governmental entity imposing the development impact fee and accounted for in the calculation of the impact fee:

(a)  The cost of existing system improvements within the service area or areas;

(b)  The means by which existing system improvements have been financed;

(c)  The extent to which the new development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions.

(d)  The extent to which the new development is required to contribute to the cost of existing system improvements in the future.

(e)  The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas;

(f)  Extraordinary costs, if any, incurred in serving the new development;

(g)  The time and price differential inherent in a fair comparison of fees paid at different times; and

(h)  The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation. The governmental entity shall develop a plan for alternative sources of revenue.

History:

[67-8207, added 1992, ch. 282, sec. 1, p. 869; am. 1996, ch. 366, sec. 4, p. 1233; am. 2002, ch. 347, sec. 3, p. 989.]