§46-143  Impact fee calculation.  (a)  A
county council or board considering the enactment or adoption of impact fees
shall first approve a needs assessment study that shall identify the kinds of
public facilities for which the fees shall be imposed.  The study shall be
prepared by an engineer, architect, or other qualified professional and shall
identify service standard levels, project public facility capital improvement
needs, and differentiate between existing and future needs.



(b)  The data sources and methodology upon
which needs assessments and impact fees are based shall be set forth in the
needs assessment study.



(c)  [2004 amendment retroactive to October
1, 2002.  L 2004, c 155, §6.]  The pro rata amount of each impact fee shall
be based upon the development and actual capital cost of public facility
expansion, or a reasonable estimate thereof, to be incurred.



(d)  [2004 amendment retroactive to October
1, 2002.  L 2004, c 155, §6.]  An impact fee shall be substantially related
to the needs arising from the development and shall not exceed a proportionate
share of the costs incurred or to be incurred in accommodating the
development.  The following seven factors shall be considered in determining a
proportionate share of public facility capital improvement costs:



(1)  The level of public facility capital improvements
required to appropriately serve a development, based on a needs assessment
study that identifies:



(A)  Deficiencies in existing public
facilities;



(B)  The means, other than impact fees, by
which existing deficiencies will be eliminated within a reasonable period of
time; and



(C)  Additional demands anticipated to be
placed on specified public facilities by a development;



(2)  The availability of other funding for public
facility capital improvements, including but not limited to user charges,
taxes, bonds, intergovernmental transfers, and special taxation or assessments;



(3)  The cost of existing public facility capital
improvements;



(4)  The methods by which existing public facility
capital improvements were financed;



(5)  The extent to which a developer required to pay
impact fees has contributed in the previous five years to the cost of existing
public facility capital improvements and received no reasonable benefit
therefrom, and any credits that may be due to a development because of such
contributions;



(6)  The extent to which a developer required to pay
impact fees over the next twenty years may reasonably be anticipated to
contribute to the cost of existing public facility capital improvements through
user fees, debt service payments, or other payments, and any credits that may
accrue to a development because of future payments; and



(7)  The extent to which a developer is required to
pay impact fees as a condition precedent to the development of non-site related
public facility capital improvements, and any offsets payable to a developer
because of this provision.



(e)  The impact fee ordinance shall contain a
provision setting forth the process by which a developer may contest the amount
of the impact fee assessed. [L 1992, c 282, pt of §2; am L 2001, c 235, §3; am
L 2004, c 155, §3]