Georgia Funders Forum June 20, Impact Fees. Georgia s Most Ignored State Law? Bill Ross ROSS+associates
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1 Georgia Funders Forum June 20, 2018 Impact Fees Georgia s Most Ignored State Law? Bill Ross ROSS+associates
2 Who Is ROSS+associates? Comprehensive Planning Long-Range Comprehensive Plans Land Use and Neighborhood Plans Economic and Business Development Strategies Short Term Work Programs Zoning and Land Development Codes Unified Land Development Codes Zoning and Subdivision Regulations Sign Ordinances Development Permitting and Review Procedures Implementation and Financing Capital Improvement Programs Impact Fees Water and Sewer Connection Fees Community Improvement Districts
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5 What Does the Georgia Impact Fee Act Cover? Certain Public Facility Categories Development Exactions System Improvements Comprehensive Plan Connection
6 What s This?
7 What s This?
8 Development Exactions Any requirement for development approval that compels the payment, dedication, or contribution of goods, services, land, or money as a condition of approval.
9 Public Facilities Covered Water supply, treatment & distribution. Wastewater collection, treatment & disposal. Roads, streets, and bridges. Storm-water and flood control facilities. Parks, open space, and recreation. Police and fire protection, emergency medical, and emergency communications. Libraries.
10 Exactions for System Imps Cities and Counties may impose development exactions for system improvements only by way of development impact fees imposed in accordance with the provisions of the Development Impact Fee Act (DIFA).
11 Project v. System Imps Project Improvements System Improvements Site improvements and facilities that are planned and designed to provide service for a particular development project. Capital improvements that are public facilities and are designed to provide service to the community at large.
12 Exactions Local Subdivision Street Land for School Land for Library Deceleration Lane for a Shopping Center Land for County Courthouse Water Treatment Plant
13 Project v. System Imps Project Improvements System Improvements Site improvements and facilities that are planned and designed to provide service for a particular development project. Capital improvements that are public facilities and are designed to provide service to the community at large.
14 Capital Improvement An improvement with a useful life of ten years or more, by new construction or other action, which increases the service capacity of a public facility. Examples: Land acquisition and building construction A new fire truck A new recreation facilities A water treatment plant, storage and mains A major thoroughfare widening
15 Level of Service A measure of the relationship between service capacity and service demand for public facilities in terms of demand to capacity ratios, the comfort and convenience of use or service of public facilities, or both. Examples: Park acreage per household Number of fire trucks per population Average daily flows (gpd) of water per person Average daily traffic generated by development
16 Comprehensive Plan The Planning Capital Improvements Program Connection Funding Resources Impact Fees
17 The Planning Connection: DIFA Municipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of development approval on all development pursuant to and in accordance with the provisions of this chapter.
18 Capital Improvements Element "Capital improvements element" sets out A B C projected needs for system improvements during a planning horizon established in the comprehensive plan, a schedule of capital improvements that will meet the anticipated need for system improvements, and a description of anticipated funding sources for each required improvement.
19 Ga. Dept. of Community Affairs Administers Comprehensive Planning Act. Adopts minimum standards for preparation of Comprehensive Plans and their Capital Improvement Elements. Requires annual updates of Community Work Programs and Financial Reports from impact fee jurisdictions. Publishes guidelines for Adoption of impact fees Preparation of CIEs and annual CIE updates Preparation of Community Work Program updates
20 Impact Fee Study Elements Study Documents
21 EXERCISE Impact Fee for Park Land Community Data Current Population = 50,000 Future (2040) Population = 80,000 Existing Park Acreage = 80 acres LOS Standard = 2 acres per 1,000 population Average household size = 2.5 persons
22 Impact Fee for Park Land FIRST in our example We ll figure out how much DEMAND there is for new park land.
23 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = acres 80 acres acres Projected Population in 2040 = New Residential Growth = - 50,000 = Park Land Needed for New Growth at 2 acres per 1,000 = acres TOTAL NEW ACRES NEEDED = acres
24 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = acres 80 acres acres Projected Population in 2040 = New Residential Growth = - 50,000 = Park Land Needed for New Growth at 2 acres per 1,000 = acres TOTAL NEW ACRES NEEDED = acres
25 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres acres Projected Population in 2040 = New Residential Growth = - 50,000 = Park Land Needed for New Growth at 2 acres per 1,000 = acres TOTAL NEW ACRES NEEDED = acres
26 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres acres Projected Population in 2040 = New Residential Growth = - 50,000 = Park Land Needed for New Growth at 2 acres per 1,000 = acres TOTAL NEW ACRES NEEDED = acres
27 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres 20 acres Projected Population in 2040 = New Residential Growth = - 50,000 = Park Land Needed for New Growth at 2 acres per 1,000 = acres TOTAL NEW ACRES NEEDED = acres
28 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres 20 acres Projected Population in 2040 = New Residential Growth = - 50,000 = Park Land Needed for New Growth at 2 acres per 1,000 = acres TOTAL NEW ACRES NEEDED = acres
29 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres 20 acres Projected Population in 2040 = 80,000 New Residential Growth = - 50,000 = Park Land Needed for New Growth at 2 acres per 1,000 = acres TOTAL NEW ACRES NEEDED = acres
30 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres 20 acres Projected Population in 2040 = 80,000 New Residential Growth = 80,000-50,000 = Park Land Needed for New Growth at 2 acres per 1,000 = acres TOTAL NEW ACRES NEEDED = acres
31 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres 20 acres Projected Population in 2040 = 80,000 New Residential Growth = 80,000-50,000 = 30,000 Park Land Needed for New Growth at 2 acres per 1,000 = acres TOTAL NEW ACRES NEEDED = acres
32 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres 20 acres Projected Population in 2040 = 80,000 New Residential Growth = 80,000-50,000 = 30,000 Park Land Needed for New Growth at 2 acres per 1,000 = acres TOTAL NEW ACRES NEEDED = acres
33 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres 20 acres Projected Population in 2040 = 80,000 New Residential Growth = 80,000-50,000 = 30,000 Park Land Needed for New Growth at 2 acres per 1,000 = 60 acres TOTAL NEW ACRES NEEDED = acres
34 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres 20 acres Projected Population in 2040 = 80,000 New Residential Growth = 80,000-50,000 = 30,000 Park Land Needed for New Growth at 2 acres per 1,000 = 60 acres TOTAL NEW ACRES NEEDED = acres
35 Demand Current Population = 50,000 Current Park Need at 2 acres per 1,000 = Current (existing) Park Area = Existing Deficiency = 100 acres 80 acres 20 acres Projected Population in 2040 = 80,000 New Residential Growth = 80,000-50,000 = 30,000 Park Land Needed for New Growth at 2 acres per 1,000 = 60 acres TOTAL NEW ACRES NEEDED = 80 acres
36 Impact Fee for Park Land NEXT in our example We ll figure out how much the DEMAND will COST And how much of that cost would be new growth s PROPORTIONAL SHARE
37 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = % New Growth Share = % x Total Purchase Price = $ Cost per New Person = New Growth Share ($ ) New Res Growth (30,000) = $ Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($ ) x Avg. Household Size (2.5) = $
38 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = % New Growth Share = % x Total Purchase Price = $ Cost per New Person = New Growth Share ($ ) New Res Growth (30,000) = $ Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($ ) x Avg. Household Size (2.5) = $
39 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ 4,000,000 Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = % New Growth Share = % x Total Purchase Price = $ Cost per New Person = New Growth Share ($ ) New Res Growth (30,000) = $ Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($ ) x Avg. Household Size (2.5) = $
40 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ 4,000,000 Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = % New Growth Share = % x Total Purchase Price = $ Cost per New Person = New Growth Share ($ ) New Res Growth (30,000) = $ Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($ ) x Avg. Household Size (2.5) = $
41 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ 4,000,000 Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = 75 % New Growth Share = % x Total Purchase Price = $ Cost per New Person = New Growth Share ($ ) New Res Growth (30,000) = $ Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($ ) x Avg. Household Size (2.5) = $
42 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ 4,000,000 Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = 75 % New Growth Share = 75% x Total Purchase Price = $ Cost per New Person = New Growth Share ($ ) New Res Growth (30,000) = $ Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($ ) x Avg. Household Size (2.5) = $
43 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ 4,000,000 Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = 75 % New Growth Share = 75% x Total Purchase Price = $ 3,000,000 Cost per New Person = New Growth Share ($ ) New Res Growth (30,000) = $ Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($ ) x Avg. Household Size (2.5) = $
44 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ 4,000,000 Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = 75 % New Growth Share = 75% x Total Purchase Price = $ 3,000,000 Cost per New Person = New Growth Share ($3,000,000) New Res Growth (30,000) = $ Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($ ) x Avg. Household Size (2.5) = $
45 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ 400,000 Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = 75 % New Growth Share = 75% x Total Purchase Price = $ 3,000,000 Cost per New Person = New Growth Share ($3,000,000) New Res Growth (30,000) = $ 100 Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($ ) x Avg. Household Size (2.5) = $
46 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ 4,000,000 Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = 75 % New Growth Share = 75% x Total Purchase Price = $ 3,000,000 Cost per New Person = New Growth Share ($3,000,000) New Res Growth (30,000) = $ 100 Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($ 100) x Avg. Household Size (2.5) = $
47 Cost Average Land Value = $50,000 per acre Cost of Debt Service, etc., for this example = $0 Total Purchase Price = 80 acres x $50,000 = $ 4,000,000 Proportional Share Land Needed for New Growth ( 60 acres) Total Acres ( 80 ) = 75 % New Growth Share = 75% x Total Purchase Price = $ 3,000,000 Cost per New Person = New Growth Share ($3,000,000) New Res Growth (30,000) = $ 100 Future taxes from New Growth for this example = $0 Impact Fee per Household = Cost per New Person ($100) x Avg. Household Size (2.5) = $ 250
48 + Value of existing capacity in the system available to support New Growth Cost of new capital expansion needed to serve New Growth Methodology Overview Water & Sewer Impact Fees = Gross cost of capital improvements to serve New Growth - Future revenue from New Growth to help pay for the improvements = Max amount of cost that can be collected as a capital recovery fee Capacity Added for New Growth (GPD) = Per capacity cost that can be collected as a capital recovery fee Average flow capacity of water meter = Capital Recovery Fee + Cost to set meter or make connection = Total Connection Fee
49 ROSS+associates Bill Ross
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