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2007 SESSION

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HB 1884 Impact fees; localities may assess for residential development if school facilities inadequate.

Introduced by: Robert G. Marshall | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Public school funds. Provides that any locality may, by ordinance, assess impact fees for residential development when the locality determines that existing school facilities in such locality are inadequate to support new residential development, provided that the school board of a school division comprising such locality adopts, prior to any such assessment, a resolution declaring that such school facilities are inadequate to support such new residential development. The locality shall make such determination at the time of submission of a plat or plan, or a preliminary plat or plan where preliminary plats or plans are required, and fees shall be assessed no later than at the time the building permit is issued. Prior to any assessment of impact fees, the locality shall have in place a capital improvement program that provides a reasonable basis for determining the extent or level of inadequacy of such school facilities in the area of the proposed residential development. Any fee assessed shall represent a pro rata share of the costs of reasonable and necessary capital improvements attributable to the proposed residential development. A locality may only assess impact fees under this bill against persons constructing five or more residential structures per calendar year in such locality.


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