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AG 1999 06 21
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AG 1999 06 21
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Last modified
3/25/2002 6:00:16 PM
Creation date
11/27/2017 11:49:25 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/21/1999
Board
Board of Commissioners
Meeting Type
Regular
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by, and benefits conferred upon, the subdivision.'"35 The principle implies that <br /> the developer may be expected to shoulder no more than a proportionate share <br /> of the costs of new facilities for which his or her development is responsible. A <br /> corollary of this principle is that new development may not be assigned the <br /> costs of bdnging substandard facilities serving the existing population up to the <br /> service level standards that apply to new facilities. <br /> <br /> Proportionality is also a feature of the third principle--the benefit <br />principle. The public facilities and improvements funded by or provided by the <br />developer must provide sufficient benefit to the development for which the <br />exaction was imposed. In the case of impact fees, the coIl~cted fees must be <br />earmarked to ensure that they are used for the particular type of public facility <br />for which they were collected (for example, schools) and that the facility is <br />geographically located close enough to the development to be truly beneficial. <br />Another corollary is that impact fees must be spent soon enough after they are <br />collected. There must be a temporal connection between their collection and <br />the benefit that arises when they are actually expended for a public facility and <br />the facility becomes available for use.3s <br /> <br /> The principles of the rational nexus test are no mere abstract legal <br />constructs. They' establish the elements of a sound impact fee program and <br />strongly influence the methodology for calculating the fees. <br /> <br />Orange County's Impact Fee and the Methodology for Its Calculation <br />The Impact Fee System as Part of a Comprehensive Plan <br /> <br />35. Batch, 92 N.C. App. al 610, 376 S.E.2d at 31, quoting Longridge Bldrs. v. Planning Bd. of <br /> <br />Twp. of Princeton, 245 A 2d 936, 337 iN.J. 1968). <br /> <br />36. See, e.g., Cily of Fayetleville v. IBI, Inc. 659 S.W.2d 505 (Ark. 1983). <br /> 44 ~ <br /> <br />39 <br /> <br /> <br />
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