Impact Fees (in-order) (for out-of-order, see finance) Flashcards

1
Q

Why are impact fees imposed?

A

To offset the cost of new development on existing facilities.

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2
Q

What 3 things are required for justify an impact fee?

A

to justify the exact Purpose must Connect the Data
———–
1. Has a public Purpose
2. Connection [Ex/Antic Needs + New/Improve]
3. Amt is based on best and most recent localized Data.

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3
Q

As a form of exaction, what 2 connections must LG demonstrate for a valid impact fee?

A

Connection b/w the
🔸Ex & his anticipated needs
🔸New developmt & his capital improvements
———–
1. Reas connection b/w required impact fee & anticipated needs of the community due to the impacts of the new development
AND
2. Reas connection b/w impacts of new development & the capital improvements being funded by the impact fee.

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4
Q

For what facilities are impact fees usually imposed?

A

Water and sewer facilities, road facilities and parks and recreational facilities.

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5
Q

Have impact fees been upheld for anything outside water, sewer, roads + parks?

A

Florida Supreme Court has upheld impact fees for education facilities,
BUT
Used home rule power analysis, rather than comparing impact fees to user fees as in prior cases.

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6
Q
IMPACT FEE
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New 2021 - 
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What are the 4 new restrictions on LG's ability to increase impact fees?
A
IMPACT FEE
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New 2021 -
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Retroactive to January 1, 2021: 
From date adopted:
1.	Increase 0-25% in 2 equal annual installments;
2.	Increase 25-50%, 4 equal installments;
3.	Cannot exceed 50% of current; and
4.	Increase only every 4 yrs UNLESS
a)	Demonstrated-need study justifies;
b)	Extraordinary circumstances;
c)	2 publicly noticed workshops, & 
d)	Adopts by 2/3 vote.
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7
Q
IMPACT FEE
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New 2021 - 
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What are the repercussions of new definitions of "infrastructure” and “public facilities."
A
IMPACT FEE
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New 2021 -
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Impact fees may be utilized only for:
(a)  Fixed capital expenditures or 
(b)  Fixed capital outlays for major capital improvements.
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8
Q
IMPACT FEE
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New 2021 - 
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Can LG increase impact fee retroactively?
A
IMPACT FEE
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New 2021 -
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No.
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9
Q
IMPACT FEE
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New 2021 - 
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Who must give impact fee credits?
A
IMPACT FEE
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New 2021 -
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Special districts, in addition to LGs.
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10
Q
IMPACT FEE
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New 2021 - 
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How must impact fees be credited?
A
IMPACT FEE
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New 2021 -
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Dollar-for-dollar impact fee credits for impacts on the same public facilities in exchange for other required contributions received (i.e., proportionate share agreement or other exactions).
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11
Q
IMPACT FEE
-----------
New 2021 - 
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What must LG CFO now attest annually?
A

New 2021 -
———–
1. Collected spent compliant w/ ordinance/resolution,
&
2. Used impact only to acquire, construct, or improve specific infrastructure needs.

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12
Q
IMPACT FEE
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MULTIPLE CHOICE
-----------
Impact fees can be used by LGs for:
(a) renewal and replacement of existing facilities only
(b) expansion facilities only
(c) any public purpose
(d) none of the above
A

B

not A. think in terms of growth.

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13
Q

What must impact fee be created with?

A

Best and most recent localized data.

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14
Q

State 4 ways LG must handle its accounting re: Impact Fees.

A

IMPACT FEE

(1)  Provide for accounting & keep $ separate.
(2)  Earmark $ for capital improvements for new users.
(3)  Can’t $ to pay debt on unrelated projects.
(4)  Admin charges = actual costs.

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15
Q

How much profit can LG make in charging for it administration costs, re: impact fees?

A

None. Admin charge = actual costs.

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16
Q

When can LG collect the impact fee from Owner?

A

No earlier than issuance of building permit.

17
Q

How much notice must LG give before imposing new or increased impact fee?

A

90 days.

18
Q
IMPACT FEE
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New 2021 -
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How often can LG increase its impact fee?
A
IMPACT FEE
-----------
New 2021 -
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Increase only every 4 yrs UNLESS
a)	Demonstrated-need study justifies;
b)	Extraordinary circumstances;
c)	2 publicly noticed workshops, & 
d)	Adopts by 2/3 vote.
19
Q
IMPACT FEE
-----------
New 2021 -
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State the incremental way impact fees may be increased.
A
IMPACT FEE
-----------
New 2021 -
-----------
Retroactive to January 1, 2021: 
From date adopted:
1.	Increase 0-25% in 2 equal annual installments;
2.	Increase 25-50%, 4 equal installments;
3.	Cannot exceed 50% of current; and
4.	Increase only every 4 yrs UNLESS
a)	Demonstrated-need study justifies;
b)	Extraordinary circumstances;
c)	2 publicly noticed workshops, & 
d)	Adopts by 2/3 vote.
20
Q
IMPACT FEE
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New 2021 -
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If LG wants to increase impact fee 0-25%, how many installments are required?
A
IMPACT FEE
-----------
New 2021 -
-----------
2.
21
Q
IMPACT FEE
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New 2021 -
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If LG wants to increase impact fee 26-50%, how many installments are required?
A
IMPACT FEE
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New 2021 -
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4.
22
Q
IMPACT FEE
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New 2021 -
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If LG wants to increase impact fee 51%+, how many installments are required?
A
IMPACT FEE
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New 2021 -
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0.  Can't do it.
23
Q
IMPACT FEE
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New 2021 -
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Must LG & special districts credit certain contributions toward impact fees?
A
IMPACT FEE
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New 2021 -
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YES, Notwithstanding any ordinance or development order, special districts & LG must credit for contributions made by way of exaction, related to public facilities or infrastructure.
24
Q
IMPACT FEE
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New 2021 -
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What is included as a type of contribution that might be made, re: public facilities or infrastructure?
A
IMPACT FEE
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New 2021 -
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Land dedication, site planning & design or construction.
25
Q
IMPACT FEE
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New 2021 -
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How calculate the amount of credit to be applied to an impact fee from developer's contribution?
A
IMPACT FEE
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New 2021 -
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Dollar for dollar at FMV.
26
Q
IMPACT FEE
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New 2021 -
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What's the purpose of the new crediting restrictions?
A
IMPACT FEE
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New 2021 -
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To reduce the impact fee collected for the general categories of contributed:
(1)  Public facilities or 
(2)  Infrastructure.
27
Q
IMPACT FEE
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New 2021 -
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What if LG doesn't charge and collect an impact fee for the general category of class of public facilities or infrastructure contributed?
A
IMPACT FEE
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New 2021 -
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A credit may not be applied.
28
Q
IMPACT FEE
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New 2021 -
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For which types of contributions must LG & special districts credit toward impact fees?
A
IMPACT FEE
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New 2021 -
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Contributions made by way of exaction, related to public facilities or infrastructure.
29
Q

What are specifically exempt from Bert Harris claims?

A

Impact fees.
Non-ad valorem assessments.