§ 45-22.4-4 Calculation of impact fees.– (a) The governmental entity considering the adoption of impact fees shallconduct a needs assessment for the type of public facility or public facilitiesfor which impact fees are to be levied. The needs assessment shall identifylevels of service standards, projected public facilities capital improvementsneeds, and distinguish existing needs and deficiencies from future needs. Thefindings of this document shall be adopted by the local governmental entity.
(b) The data sources and methodology upon which needsassessments and impact fees are based shall be made available to the publicupon request.
(c) The amount of each impact fee imposed shall be based uponactual cost of public facility expansion or improvements, or reasonableestimates of the cost, to be incurred by the governmental entity as a result ofnew development. The calculation of each impact fee shall be in accordance withgenerally accepted accounting principles.
(d) An impact fee shall meet the following requirements:
(1) The amount of the fee must be reasonably related to orreasonably attributable to the development's share of the cost ofinfrastructure improvements made necessary by the development; and
(2) The impact fees imposed must not exceed a proportionateshare of the costs incurred or to be incurred by the governmental entity inaccommodating the development. The following factors shall be considered indetermining a proportionate share of public facilities capital improvementcosts:
(i) The need for public facilities' capital improvementsrequired to serve new development, based on a capital improvements program thatshows deficiencies in capital facilities serving existing development, and themeans, other than impact fees, by which any existing deficiencies will beeliminated within a reasonable period of time, and that shows additionaldemands anticipated to be placed on specified capital facilities by newdevelopment; and
(ii) The extent to which new development is required tocontribute to the cost of system improvements in the future.
§ 45-22.4-4 Calculation of impact fees.– (a) The governmental entity considering the adoption of impact fees shallconduct a needs assessment for the type of public facility or public facilitiesfor which impact fees are to be levied. The needs assessment shall identifylevels of service standards, projected public facilities capital improvementsneeds, and distinguish existing needs and deficiencies from future needs. Thefindings of this document shall be adopted by the local governmental entity.
(b) The data sources and methodology upon which needsassessments and impact fees are based shall be made available to the publicupon request.
(c) The amount of each impact fee imposed shall be based uponactual cost of public facility expansion or improvements, or reasonableestimates of the cost, to be incurred by the governmental entity as a result ofnew development. The calculation of each impact fee shall be in accordance withgenerally accepted accounting principles.
(d) An impact fee shall meet the following requirements:
(1) The amount of the fee must be reasonably related to orreasonably attributable to the development's share of the cost ofinfrastructure improvements made necessary by the development; and
(2) The impact fees imposed must not exceed a proportionateshare of the costs incurred or to be incurred by the governmental entity inaccommodating the development. The following factors shall be considered indetermining a proportionate share of public facilities capital improvementcosts:
(i) The need for public facilities' capital improvementsrequired to serve new development, based on a capital improvements program thatshows deficiencies in capital facilities serving existing development, and themeans, other than impact fees, by which any existing deficiencies will beeliminated within a reasonable period of time, and that shows additionaldemands anticipated to be placed on specified capital facilities by newdevelopment; and
(ii) The extent to which new development is required tocontribute to the cost of system improvements in the future.
§ 45-22.4-4 Calculation of impact fees.– (a) The governmental entity considering the adoption of impact fees shallconduct a needs assessment for the type of public facility or public facilitiesfor which impact fees are to be levied. The needs assessment shall identifylevels of service standards, projected public facilities capital improvementsneeds, and distinguish existing needs and deficiencies from future needs. Thefindings of this document shall be adopted by the local governmental entity.
(b) The data sources and methodology upon which needsassessments and impact fees are based shall be made available to the publicupon request.
(c) The amount of each impact fee imposed shall be based uponactual cost of public facility expansion or improvements, or reasonableestimates of the cost, to be incurred by the governmental entity as a result ofnew development. The calculation of each impact fee shall be in accordance withgenerally accepted accounting principles.
(d) An impact fee shall meet the following requirements:
(1) The amount of the fee must be reasonably related to orreasonably attributable to the development's share of the cost ofinfrastructure improvements made necessary by the development; and
(2) The impact fees imposed must not exceed a proportionateshare of the costs incurred or to be incurred by the governmental entity inaccommodating the development. The following factors shall be considered indetermining a proportionate share of public facilities capital improvementcosts:
(i) The need for public facilities' capital improvementsrequired to serve new development, based on a capital improvements program thatshows deficiencies in capital facilities serving existing development, and themeans, other than impact fees, by which any existing deficiencies will beeliminated within a reasonable period of time, and that shows additionaldemands anticipated to be placed on specified capital facilities by newdevelopment; and
(ii) The extent to which new development is required tocontribute to the cost of system improvements in the future.
