Latest News: February 2010

Editorial on fees part of NIMBY syndrome
The Valley Chronicle, CA - February 26, 2010
Regarding the Feb. 19 editorial, titled "Cut in fees help builders, not residents": From the editorial, it would appear that those evil and greedy developers are at it again: trying to make a profit. Yes, the real estate market is in a severe slump, and home equity has ...

Atherton residents, businesses to get refund on road impact fees
San Jose Mercury News, CA - February 26, 2010
Anyone who wrote a check to the town of Atherton for "road impact fees" between July 2006 and September 2009 will soon be eligible for a refund, town officials said Friday. At its regular meeting last week, the Atherton City Council voted 3-1 to authorize $1.6 ...

County commissioners look at suspending impact fees on roads
Orlando Sentinel, FL - February 25, 2010
Lake County commissioners will decide next week whether to suspend transportation impact fees, a pricey assessment viewed as both a crucial money source for new roads and a roadblock to economic growth. Commissioners appeared to be leaning toward suspending ...

Washington Township Supervisors seek legal opinion on impact fees
The Herald-Mail, PA - February 25, 2010
The Washington Township (Pa.) Supervisors are looking for a legal opinion on how approved land development plans could be affected by lowered traffic impact fees before deciding the fees’ future. On Wednesday, the supervisors further discussed the impact fees, ...

Potential downtown tenants get break on fees
Issaquah Press, WA - February 25, 2010
City Council members last week extended a break on city fees to merchants who open businesses in downtown Issaquah. The council agreed to continue a year-old measure to exempt businesses from the city transportation impact fee for the first 10,000 square feet ...

Newsom plan would defer up-front developer fees
San Francisco Chronicle, CA - February 25, 2010
It's not a cure-all for San Francisco's sputtering economy, but Mayor Gavin Newsom says his plan to let developers defer up-front fees owed to the city will jump-start major construction projects while creating at least 700 blue-collar jobs. "This is a big deal," Newsom ...

Union continues to search for revenue vs. raising taxes
Pottstown Mercury, PA - February 25, 2010
A stagnant tax base plus increasing township costs equals the need to cut township services, said supervisors at a recent meeting, but they aren't ready to do that. “We’re going to have to make decisions which aren’t popular,” said supervisors board Chairman John ...

More 'business friendly' impact fee OK'd
Davis County Clipper, UT - February 25, 2010
Starting a business in Kaysville just got a little easier thanks to a recent change in how fees are collected by the city. The Kaysville City Council voted to give new businesses the option of paying the entire road impact fee up front, or extending payments over ...

Impact fees up for vote
St. George Daily Spectrum, UT - February 24, 2010
Cedar City Council members are prepared to vote on an impact fee charge of $37,375 for construction of a new Science Center at Southern Utah University during tonight's action meeting. When the ordinance for impact fee assessment was first created, university ...

City to study impact fees
Bethany Beach Wave, DE - February 23, 2010
After suspending a $5,000 impact fee for new construction two weeks ago, City Council members are scheduled to begin studying the issue further when they meet Wednesday. Last year, the developer of a new Food Lion and four adjacent retail spaces was the only one to pay the ...

Sequim hears pitch for fees on new homes in its future
Peninsula Daily, WA - February 23, 2010
Whether they build them for $200,000 or $2 million, owners of new homes not subject to a potential low-income waiver would pay an additional $9,036 in impact fees if the City Council approves a plan outlined Monday at a study session. But while council member Bill ...

Berkeley Co. water board plans to appeal ruling
The Herald-Mail, WV - February 23, 2010
A dye test of streams in the vicinity of a proposed quarry mining operation near Gerrardstown revealed a connection to a well used by the Berkeley County Public Service Water District, the utility's executive director said Monday. "It showed up in our well," ...

Fairness at center of impact fee debate
Fort Worth Star Telegram, TX - February 22, 2010
Real estate developer John Rapkoch had reason to ask Weatherford City Council for a one-year moratorium on residential development impact fees at the Feb. 9 meeting. He told council members that if they did as he asked he would start the next day finishing a

Public hearing scheduled on impact fees
Greenville Herald-Banner, TX - February 22, 2010
A public hearing has been scheduled Tuesday to reveal how City of Greenville officials have updated the method used in assessing impact fees to help pay for local economic development. The city's Capital Improvements Advisory Committee (CIAC), comprised of ...

Judge issues decision against water, sewer fee
Martinsburg Journal, WV - February 20, 2010
The future of the county's capacity improvement fees may be in question thanks to a ruling in a case filed by local developer Larry Faircloth. In a declaratory judgment order, Justice Elliot Maynard ruled that neither the Berkeley County Public Service Sewer ...

Parties disagree on fee decision
Martinsburg Journal, WV - February 20, 2010
Justice Elliot Maynard's ruling on the capacity improvement fee has elicited strong reactions from both its critics and supporters. Since its inception, Larry and Laura Faircloth said they felt strongly that the fee was wrong and needed to be challenged. That's exactly ...

High Springs to cut impact fees
Gainesville Sun, FL - February 20, 2010
With its vote last week to suspend impact fees on new homes, High Springs joined a growing list of Florida municipalities to suspend or reduce such fees in hopes of kick-starting sluggish housing starts. Local builders would like to see that list grow further, with other ...

Council backs off impact fees
Delmarva Now, MD - February 19, 2010
The City Council wants to send the fee structure for developers back to the drawing board. Council President Louise Smith suggested the course of action after another impact fee discussion left her uncomfortable with moving forward. Impact fees have been ...

Atherton to refund $1.6 million in road fees
The Almanac Online, CA - February 18, 2010
It seemed like a good idea at the time: charge builders a road impact fee and use it to repair Atherton roads torn up by heavy construction vehicles. Now, town officials are preparing to refund $1.65 million in road fees collected since July 1, 2006. The Atherton council ...

QC watching bills that affect its finances
East Valley Tribune, AZ - February 18, 2010
Changes in development fee rules and possibly getting a break on a $10 million loan are among issues Queen Creek is keeping an eye on at the Arizona Legislature this year. The Queen Creek Town Council received an update on bills its lobbyist is keeping an eye on ...

PETER GADDY: Eyes Only - HB 227 - a sweetheart deal for industry
Naples Daily News, FL - February 17, 2010
Article VII of the Florida State Constitution is probably not the most read or discussed article of our State Constitution. It is the section of our Constitution that limits the authority of the legislature to prohibit municipalities -- like cities, counties, and school districts ...

Open house crowd questions impact fees
Sequim Gazette, WA - February 17, 2010
The city's consultants did their best during last week's open house but still couldn't convince many in the audience of the city's need to adopt impact and mitigation fees. Concerns about increased housing costs driving growth elsewhere and shutting out borderline ...

POLL: Marco eyes public art requirement on non-residential construction
Marconews, FL - February 17, 2010
It’s not a tax and it’s not an impact fee, assured proponents of a new requirement for developers to pay for public art on Marco Island. Not all council members agreed, but in a narrow majority vote (4-3) of City Council members Tuesday night, the city is moving forward ...

Impact fees for builders justified
Camp Verde Journal - February 16, 2010
Camp Verde could charge builders $2,627 in impact fees for every single-family home constructed in the future, according to a Development Fee Study released at a public forum Thursday, April 13. The town could charge slightly more for multi-family construction ...

City Council considers fee rollback for downtown businesses
Issaquah Press, WA - February 16, 2010
City Council members could extend a break to merchants who open businesses in downtown Issaquah. The council will consider legislation Feb. 16 to exempt businesses from the city transportation impact fee for the first 10,000 square feet of floor area. DownTown Issaquah ...

Report on impact fees available online
Citrus Daily, FL - February 16, 2010
The Citrus County Commission Web site has added an item of interest to residents and businesses on amending impact fees. The report is from a county consultant on impact fees, entitled latest "Update Policy Memorandum from Duncan & Associates." The commission ...

Another fee-free year in Putnam?
Palatka Daily News, FL - February 15, 2010
County commissioners are leaning toward extending the suspension of impact fees on new construction for another year. "I feel that times are tough and people need all the breaks we can give them right now," Commissioner Nancy Harris said. "I'm not against impact ...

Impact fees back on Salisbury's agenda
Bethany Beach Wave - February 15, 2010
A subject gone dormant in the public eye is scheduled to be revived during the City Council work session this week. Impact fees are first on the agenda for the Thursday morning meeting. City councils in Salisbury have tossed around impact fees for more than a decade, ...

Counties sue Legislature over impact fee law
Tampa Tribune, FL - February 12, 2010
On Wednesday, the Florida Association of Counties sued House Speaker Larry Cretul and Senate President Jeff Atwater in Leon County Circuit Court over a new law that revises how impact fees can be challenged. Whether impact fees are fair is at the heart of ...

County a part of suit challenging state impact fee law
Gainesville Sun, FL - February 12, 2010
Alachua County is a plaintiff in a lawsuit challenging a state law that may make it more difficult for local governments to prevail in legal challenges over impact fees.  Passed in the 2009 legislative session and subsequently signed by Gov. Charlie Crist, House Bill 227 ...

Local governments sue to block changes in impact-fee law
Orlando Sentinel (blog), FL - February 12, 2010
Lake County joined eight other Florida counties in a lawsuit to challenge whether an impact-fee law signed by Gov. Charlie Crist last year is constitutional. The lawsuit, also filed by the Florida Association of Counties, the Florida League of Cities, the Florida ...

Lee sues over state impact fee restrictions
The News-Press, FL - February 11, 2010
Local governments, including Lee County, filed suit to overturn new restrictions on local impact fees Wednesday, saying the Legislature unconstitutionally forced them to prove their fees are accurate. The Florida League of Cities, Florida School Boards Association and ...

Counties File Suit Over New Impact Fee Law
The Jacksonville Observer, FL - February 11, 2010
The Florida Association of Counties sued House Speaker Larry Cretul and Senate President Jeff Atwater in Leon County Circuit Court Wednesday over a new law that revises the way government impact fees are challenged in court. House Bill 227, passed by ...

City council rejects fire impact fee proposal 4-2
Blaine Northern Light, WA - February 11, 2010
Blaine taxpayers and current residents could be forced to pick up the tab for increased fire and rescue services as a result of new development following a recent city council decision. In the regular meeting Monday, Blaine City Council voted 4-2 against a resolution ...

Impact fee deferment approved in vote
St. George Daily Spectrum - February 11, 2010
The Washington City Council approved an impact fee deferment for contractors Wednesday night with a 4-1 vote. Drew Ellerman, community development director, said the issue of a deferment payment came up when one contractor came to the council ...

Lawsuit challenges state impact fee mandates
Naples Daily News, FL - February 10, 2010
Today, the Florida Association of Counties, the Florida League of Cities, the Florida School Boards Association, and nine counties (Alachua, Collier, Lake, Lee, Levy, Nassau, Pasco, Sarasota, and St. Lucie) filed suit challenging HB 227 (2009) relating to impact fees, ...

Schertz urges AG to look at impact fee law
San Antonio Express, TX - February 10, 2010
The city of Schertz believes it should not have to pay impact fees for any of its public facilities, so much so that it is taking its case to the state's top lawyer. At its Feb. 2 meeting, the Schertz City Council approved hiring a law firm that would provide legal support for ...

City looks at impact fee deferment
St. George Daily Spectrum, UT - February 9, 2010
A member of the Hurricane City Impact Fees Task Force approached the Washington City Council Tuesday to show an initiative Hurricane is working on to help revitalize the construction industry.  Jon Prince, task force member, said Hurricane Mayor Tom Hirschi asked ...

County may extend impact-fee freeze
Florida Today, FL - February 9, 2010
Space Coast builders may receive an extra year to secure permits for new construction without shelling out transportation impact fees. Tuesday morning, the Brevard County Commission unanimously decided to draft an ordinance that would extend its current ...

Butler ponders traffic fee
Standard Speaker, PA - February 7, 2010
Butler Township may create a new advisory committee that would be tasked with establishing a traffic impact fee for new residential and commercial development. Township engineer Joseph Calabrese said information is still being compiled on the traffic impact ...

Brevard Commission may extend impact-fee moratorium
Florida Today, FL - February 5, 2010
Since March, Brevard County has suspended $6 million in transportation impact fees to try to spur new construction, records show. But 2009 housing starts still plunged to their lowest level since 1975, after the Apollo program ended. And the Space Coast has ...

County may suspend impact fees
Camden County Tribune, SC - February 5, 2010
Who got to you guys?" was Camden County Commissioner Steve Berry's rhetorical question when the four other board members agreed to move forward with refunding more than $40,000 in development impact fees. During the board of commissioners meeting on ...

Zionsville sues to recoup loss in impact fee judgment
Indianapolis Star, IN - February 4, 2010
Months after a Boone County judge ordered Zionsville to pay back nearly $400,000 in improperly set fees, town officials are suing a former consultant whom they blame for the loss. The Zionsville Plan Commission is suing Mishawaka-based Lehman & Lehman for nearly ...

Monterey City Council approves transportation-impact fee cut
Monterey County Herald, CA - February 4, 2010
A 20 percent reduction in the development fees used to offset new projects' transportation costs on the Monterey Peninsula was approved Tuesday by the Monterey City Council. The reduction was recommended by the Transportation Agency for Monterey County ...

Developers may face Big Isle impact fees
Honolulu Advertiser, HI - February 4, 2010
The Hawai'i County Council is considering charging impact fees for building permits as an alternative to the county's current reliance on "Fair Share" contributions from developers. The proposal came up Tuesday during a Finance Committee discussion of a report that ...

Impact fees – pay 'em or waive 'em?
Orlando Sentinel, FL - February 4, 2010
A doctor who wants to build a new 5,000-square-foot medical office in Lake County must ante up about $33,000 in road-impact fees before his construction crews can turn the first shovel of dirt. A handyman who hopes to open his own hardware store in a new ...

Arlington reviews increasing impact fees to developers
Fort Worth Star Telegram, TX - February 3, 2010
The City Council is reviewing whether to increase the impact fees charged to developers to help pay for nearly $300 million in roadway, water and wastewater capital improvement projects over the next decade. The council took no position Tuesday after a City staff ...

Interim affordable housing fees OK'd
San Francisco Examiner (blog), CA - February 1, 2010
In an effort to protect the city's requirement that developers provide affordable housing units in their developments or pay an lieu-fee, Mayor Gavin Newsom and Board of Supervisors President David Chiu introduced legislation that would transform the existing ...

Developers waiting on board to discuss impact fees
The Herald-Mail - February 1, 2010
The Washington Township (Pa.) Supervisors said Monday they haven’t discussed impact fees as a board since last week’s meeting in which developers and real estate agents claimed the fees are hurting commercial growth. Representatives of at least 10 major ...

 
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