Latest News: July 2009

Developer suing city over impact fees
Santa Rosa Press Democrat, CA - July 31, 2009
A company looking to develop the former Royal Tallow property in south Petaluma is in the midst of a legal battle with the city, claiming that impact fees charged to new development are too high. Baywood LLC, run by Sonoma County developer Larry Wasem, ...

Impact fee cut from storm-water regulations
Louisville Courier-Journal, KY - July 31, 2009
The Bullitt County Joint Planning Commission voted Thursday to eliminate a proposal to make developers pay 2.5 cents per each square foot in site plans, said Martin Riedling, commission chairman. But other fees might be added to the plan, he said. A $250 fee per...

Chatham may increase school impact fees
News & Observer - July 30, 2009
Impact fees are charged on new housing units to help pay for growth and go toward school construction. The commissioners asked for a study to review options for basing the impact fee on housing unit size in addition to the current method of varying the fee by...

Noblesville gets reprieve on impact fee ordinance
Indianapolis Star, IN - July 30, 2009
The action, which overturned a ruling issued in April, gives Westfield a temporary reprieve from having to repay some of $3 million in road impact fees it collected. Judge William Hughes of Hamilton Superior Court 3 said a hearing is still needed to determine whether...

Leon County Housing Assistance
WCTV, FL - July 30, 2009
Thanks to a $1.5 million dollar grant from the State of Florida's Impact Fee Proviso Program, two Leon County housing programs will get a big funding boost. One is geared toward foreclosure prevention and the other provides aid to first-time home buyers...

Water surcharge proposed to fund improvements for Orchard City users
Delta County Independent, CO - July 30, 2009
The surcharge if adopted would not be an "impact fee" on new development. It would be a fee added to the monthly water bills of current customers. It would be in addition to the monthly bill for water use and base fee for every water tap, both inside and...

Judge overturns road-fee ruling and calls for a trial
Indianapolis Star, IN - July 30, 2009
According to the lawsuit, the trouble started in 2005 when the town charged Gerhard Martens, owner of Westfield-based Metric Seals, $9,130 in road-impact fees for warehouse space he added to his office at 17030 Westfield Park Road. Metric Seals is a supplier...

Madera Co. evaluates road fees
Sierra Star - Oakhurst, CA - July 30, 2009
After 13 years, Madera County is making another run at revised road improvement fees on new construction. The fees, paid by the builder, would help pay for improvements on Highway 41 and other areas of the county. The Madera County General...

Judge overturns ruling against impact fee ordinance
Indianapolis Star, IN - July 29, 2009
A Hamilton County judge this morning overturned a ruling that Westfield's road-impact fee ordinance violated state law. If Superior Court 3 Judge William Hughes had upheld his ruling, Westfield could have been forced to repay some of the millions of fees it...

Storm clouds rising over new drainage regulations
Louisville Courier-Journal, KY - July 29, 2009
The chairman of the Joint Planning Commission, though, said the regulations will lead to quicker resolution of storm water issues with less hassle for residents. "We wanted a better plan for Bullitt County," said Chairman Martin Riedling after the Thursday...

County revisits impact fees on growth
Culpeper Star Exponent, VA - July 29, 2009
Culpeper County Board of Supervisors will consider implementing an impact fee on new construction to generate local transportation funding.  Discussion about the fee, which is intended to make up for ongoing reductions and shortfalls in federal and state...

Westfield asking judge to uphold impact fee
Indianapolis Star, IN - July 29, 2009
The city is fighting a Hamilton County court ruling that found its use of a road-impact fee ordinance violated state law.  If the ruling holds, Westfield might have to refund some of the $3 million it collected in road-impact fees under the ordinance. A hearing is...

Developer fees go up in San Carlos
San Jose Mercury News, CA - July 29, 2009
Developers looking to build in San Carlos will have to pay higher fees to fund several major traffic improvement projects under a fee hike approved Monday by the city council. Council members voted 4-0 to increase the city's traffic impact fees by 9 percent...

Traffic fees to jump
San Mateo Daily Journal - San Mateo, CA - July 27, 2009
Developers and homeowners looking to build in San Carlos will pay more traffic impact fees to help the city pay for needed capital costs under a proposal coming before the City Council Monday night. The proposal, if passed, will hike traffic impact fees 8.9 percent to...

Despite heat, pioneering Rio Blanco County stands by energy impact fees
The Colorado Independent - Denver, CO - July 27, 2009
In the nearly 25 years Rio Blanco County Commissioner Ken Parsons has been living west of Rangely in rugged and remote northwestern Colorado, he has experienced three significant downturns in natural gas drilling. During the first two he was working for Texas-based...

County Will Keep Impact Fees Halved
The Ledger - Lakeland, FL - July 26, 2009
That study was presented Wednesday by Duncan Associates, one of the impact fee consultants the commission uses. Scott Coulombe, executive director of the Polk County Builders Association, assured commissioners the previous impact fee cut had helped the local...

Westfield tries to protect its road-fee ordinance
Indianapolis Star, IN - July 25, 2009
Westfield is fighting a Hamilton County court ruling that said the way the city applied a road-impact fee ordinance violated state law.  If the ruling holds, it could cost the city millions of dollars. In April, Judge William Hughes' court ruled without trial in a lawsuit against...

PLAIN SPEAK: What are impact fees, and why are they used?
Florida Times-Union, FL - July 24, 2009
Recently, there has been a discussion in Nassau County about impact fees. Government officials and county commissioners have made public statements on the subject, and several community leaders and developers also have weighed in. So, it seems like a good time...

Town officials discuss plan to reimburse $1.2M in road fees
Windsor Beacon, CO - July 23, 2009
The Windsor Town Board is tentatively planning to pay about $1.2 million in road impact fee reimbursements to two developers  "This would retire the debt for these two developers on these projects," Windsor Town Manager Kelly Arnold said during Monday...

Proposed Corvallis impact fee defeated
Montana's News Station - Missoula, MT - July 23, 2009
Ravalli County Commissioners voted against imposing a new impact fee for the Corvallis School District during a Wednesday evening meeting.  A unanimous vote was needed to pass the measure, but three of the five commissioners voted against the fee. ...

Chatham Commissioners to hold public hearing about increasing impact fees
Chatham Journal Weekly - Chatham County, NC - July 21, 2009
The 2009 study shows that the county could reasonably charge an impact fee as high as $8,507, compared to the current maximum of $3,500 for a single-family unit. However, if the impact fee structure is revised to consider the number of bedrooms, the new...

Council votes against development impact fee exemption
Desert Dispatch - Barstow, CA - July 21, 2009
The Council voted 2 to 3 against extending the development impact fee exemption another year, allowing the exemption to expire Aug. 1. Councilmembers Julie Hackbarth-McIntyre and Timothy Silva voted in favor of extending the fee exemption. Councilmembers...

Development fees on the rise in Loudoun
Loudoun Times - Leesburg, VA - July 21, 2009
Fees for developments in eastern Loudoun will increase by as much as $12,651 per home. Seven developments currently in the approval process will be affected by the increase, including Dulles World, Dulles Town Center and Kincora Village. "If we do not charge...

UEP solution must start from the top
Cape Coral Daily Breeze, FL - July 18, 2009
A Seven-Point Plan to address the proposed UEP initiative: 1. Place a moratorium on all non-essential capital spending, including the proposed UEP initiatives. Instead, focus on getting our financial house in order in direct response to the continuing ratings...

Riverside County cuts cost of developer fees temporarily
Inland Valley Daily Bulletin - CA - July 18, 2009
Riverside County is the latest California jurisdiction to reduce development impact fees charged to home builders, which the California Building Industry Association said is a growing trend. According to a news release, the Riverside County Board...

Cactus Needles
East Valley Tribune - Mesa, AZ - July 18, 2009
The Goldwater Institute is appealing Tuesday's court ruling that would allow Mesa to continue attaching the cultural fee to the construction of new homes. The institute is convinced museums and art attractions are not necessary services, which is the standard...

Mesa impact fee ruling to be appealed
AZ Central.com - AZ - July 17, 2009
The decision allows Mesa to continue collecting impact fees from developers to pay for the city's cultural facilities. Goldwater Institute attorneys and representatives of the building industry had challenged the fees, saying that cultural facilities weren't essential. ...

Clay County Commission spares schools' impact fees
Florida Times-Union - Jacksonville, FL - July 17, 2009
After hearing from 15 speakers, most of whom supported maintaining the fees, commissioners gave the school district the nod. By a 4-1 vote, they approved an ordinance renewing the fees and maintaining the current amounts: $7,034 for single-family homes, ...

Fees for some new homes may be lowered in Willows
Enterprise-Record - Chico, CA - July 16, 2009
Fees charged for building new homes in Willows will likely be less after the City Council approves a development impact fee schedule. The first reading of a resolution that revises the existing impact fee schedule was read by title only and approved...

Salem planners delay impact fee decision
Eagle Tribune - North Andover, MA - July 16, 2009
The Planning Board has put off for a second time making any decisions on controversial proposed changes to the town's impact fee regulations. The Planning Board decided during a public hearing Tuesday night to seek answers to more questions...

Institute appeals impact fee ruling
East Valley Tribune - Mesa, AZ - July 16, 2009
Goldwater attorney Clint Bolick is fighting the case on behalf of the Homebuilders Association of Central Arizona. They contend that such fees ought to be limited to improvements on basic services such as water and sewer facilities. Mesa charges $218 as part...

Kuna faces tight budget: City property tax hike is possible
Kuna Melba News - Kuna, ID - July 16, 2009
Even if the city of Kuna does all of that, it will still only end up with about $60,000 in its general fund, a paltry sum for a city with a $13 million budget, according to an exclusive story in this week's Kuna Melba News. Kuna city officials are in the middle of a series of...

Mesa wins key ruling on impact fees on cultural facilities
AZ Central.com - Mesa, AZ - July 16, 2009
Mesa will still be allowed to collect impact fees from developers to pay for the city's cultural facilities, a Maricopa County Superior Court judge has ruled. The ruling settles a 2-year-old lawsuit by the Home Builders Association of Central Arizona, which contended...

Judges uphold road impact fee
Stockton Record - Stockton, CA - July 15, 2009
 Calaveras County's government has won a long-simmering legal dispute about the legality of the fee it charges on new construction to pay the costs of roads required to serve those projects. Calaveras County Counsel Jim Jones said a panel of judges at the Third...

BCC extends school impact fee on new homes
Clay Today Online - Orange Park, FL - July 15, 2009
County commissioners have voted to keep school impact fees at their current level after listening to Clay County school officials and members of the Clay Builders Council plead their cases. School Superintendent Ben Wortham reminded each commissioner during a...

Higher proffers hurt Chesterfield County
Chesterfield Observer (subscription) - Chesterfield, VA - July 15, 2009
Some believe this was a good decision, since they view new residential development as the root cause of Chesterfield's current problems. The reality is that the cash proffer system provides a serious impediment to the county's overall growth and it, not new...

Judge dismisses challenge to town's impact fee law
Pierce County Herald - Ellsworth, WI - July 14, 2009
The original Home Builders Association complaint filed in March 2008 claims the town’s law places an unequal burden for improvements on new development, and has thus injured the business of association members and diminished the value of their properties. ...

Judge: Mesa impact fees for museums OK
East Valley Tribune - Mesa, AZ - July 14, 2009
Mesa can charge developers impact fees for its museums and other cultural facilities, a Maricopa County Superior Court judge ruled Tuesday. The decision involves a lawsuit filed in 2007 by the Goldwater Institute on behalf of the Home Builders Association of Central...

Developers decry Salem's proposed impact fee hikes
Eagle Tribune - North Andover, MA - July 13, 2009
Local developers say a proposed impact fee system could have a devastating effect on future development in town. Christopher Goodnow of Goodnow Real Estate Services said the increase and expansion of the fees comes at a bad time and is too much for...

County taking road-fee input
The Durango Herald, CO - July 12, 2009
"We are more than happy to take comments on the details (of the plan)," Jim Davis, director of Public Works, said at a workshop Tuesday night. After the plan is finalized, Davis said he hopes it will head to the Planning Commission in August and then to the Board...

School district to start charging impact fees
SnoValley Star - North Bend, WA - July 10, 2009
At the school board meeting, the board approved the 2009 Capital Facilities Plan, a six-year plan detailing the expansion of Snoqualmie Valley schools. If the King County Council approves the fees, the district will begin collecting them in 2010. Impact fees for a...

School district to start charging impact fees
SnoValley Star - North Bend, WA - July 10, 2009
At the school board meeting, the board approved the 2009 Capital Facilities Plan, a six-year plan detailing the expansion of Snoqualmie Valley schools. If the King County Council approves the fees, the district will begin collecting them in 2010. Impact fees for a...

Will the city of Twin falls impose impact fees?
KMVT - USA - July 9, 2009
Six months ago the Twin Falls City Council adopted impact fees, but put off implementing them until the First of August. An advisory committee has been hashing out whether or not to start charging those fees. Dusty Tenny, advisory committee member...

Cities dump fees to bolster building in recession
Contra Costa Times - Walnut Creek, CA - July 8, 2009
Meridian is among a growing list of hard-hit communities across the country that are lowering or suspending impact fees. Measures have been debated in Washington state, Texas, New Mexico, New Hampshire, California and elsewhere. Florida made it easier...

Capital improvement panel seeks impact fee accounting
Pahrump Valley Times, NV - July 8, 2009
"If I pay an impact fee, I have a right to go ask where my impact fees went to, what they were spent on and, if they're still there, how much interest they got," said committee member Bill Garlough, representing the citizens at large. "Good thing you brought...

Fees up, morale down
Bakersfield Californian - Bakersfield, CA - July 7, 2009
The increase will add thousands in up-front costs to each new home, effectively raising prices as builders scramble to compete in a market dominated by foreclosed properties. City councilmembers, especially vice-mayor Zack Scrivner, focused on more than...

Home builders, City Council discuss impact fee exemption
Desert Dispatch - Barstow, CA - July 7, 2009
The Barstow City Council voted to table an amendment to the municipal code Monday that would allow home builders to refrain from paying development impact fees associated with their project for an additional year.  According to the municipal code, developers...

Impact fees approved by city council
KGET 17 - Bakersfield, CA - July 7, 2009
With frustrated developers looking on, members of the Bakersfield City Council Tuesaday voted unanimously to increase traffic impact fees for metropolitan Bakersfield. City officials say higher fees are needed to finance a new network of transportation...

Vail mulls “impact fees” for fire department
Vail Daily News, CO - July 6, 2009
Vail is the only town in Eagle County that does not impose an impact fee for fire protection, Miller said. The money could help pay for remodeling fire stations and buying and replacing new fire trucks. It could also go toward building the station planned...

Fee accounting stinks... but will it matter?
Bakersfield Californian, CA - July 4, 2009
The homebuilders have a point.  The city of Bakersfield screwed up -- maybe even broke state law -- by failing to write reports every year for its traffic impact fee program.  An informal Californian survey of eight other cities and counties with traffic impact...

Prescott raising impact fees July 11
KSWT - TV - Yuma, AZ - July 3, 2009
City officials say they will lock in current impact fee rates for all completed applications submitted by 4 pm July 10Prescott is raising water and sewer impact fees on July 11.  The Prescott City Council approved the higher fees last October and reaffirmed...

County returns impact fee cash
Fernandina Beach News - Leader, FL - July 3, 2009
Nassau County has returned more than $21,000 in impact fees since November after missing the deadline to use the money on new growth. The fees were all returned to SEDA Construction Co., a Jacksonville-based homebuilder.  Impact fees, which are charged...

Dispute rises for impact fees
St. George Daily Spectrum - St. George, UT - July 2, 2009
Enoch City Water Board members at the meeting said the impact fee would pay for new lines and hollding tanks to store the water, that general fund money in the budget cannot legally be used for. City treasurer Susan Lewis gave an example during staff...

Petition asks Surprise to lower impact fees
Arizona Republic - Phoenix, AZ - July 2, 2009
A community activist says city officials are dragging their feet in addressing residents' concerns of higher development-impact fees in north Surprise, keeping retail developers away from the area. Before raising the issue at a recent council meeting, James Collis...

Gov's veto likely kills QC's tax hike
East Valley Tribune - Mesa, AZ - July 2, 2009
A sales tax increase Queen Creek's Town Council approved just in case a state budget provision passed appears to be history. A moratorium on collecting development impact fees, which town officials worried would cut $4.6 million out of its budget, wasn't in...

Bonita Springs plans criteria for impact fee refunds
The News-Press - Fort Myers, FL - July 1, 2009
Bonita Springs city officials are worried developers who defer projects during the recession may ask for money back on impact fees they've already paid. City Council is expected today to provide staff with answers on how to deal with potential requests. Beverly...

Deena Winter: Cities trying to spur building by reducing impact fees
Lincoln Journal Star, NE - July 1, 2009
The city of Hickman is trying to attract home builders by cutting building permit fees by 40 percent through the end of the year. A flier sent to area builders urges them to “Come build in Hickman and move to the Norris School District.” Hickman is temporarily reducing...

Council awards 16th Street bid
Yuma Sun - Yuma, AZ - July 1, 2009
In addition, the council approved requests for the deferral of development fees, also known as impact fees, for a number of residential development projects. The fees can amount to up to $20,000 on a house. In an effort to stimulate the construction...

State leaders seek budget compromise
Explorer News - Tucson, AZ - July 1, 2009
The issue of principal concern for many municipalities is a budget proposal, passed in June, which would place a three-year hold on the collection of impact fees. Impact fees, charges applied to new construction to help pay for the infrastructure needs that it...

LA Fitness sues developer of Windemere Point in Stuart over unpaid impact fees
TCPalm, CA - July 1, 2009
The developers of Windemere Point in Stuart are being sued by LA Fitness International for an alleged failure to pay impact fees, which a lawsuit claims is holding up a building permit needed to complete construction of the sports club. The breach of contract...

 
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