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or special taxes for the construction costs associated with <br /> new growth. However, depending on the financing mecha- <br /> nism used to fund construction, homeowners may pay a <br /> good portion of the construction costs in the form of annual <br /> debt service on assessment district or community facilities <br /> district bonds. <br /> Over time, the majority of charges for operation and <br /> maintenance are paid by the homeowners. Consequently, <br /> developers' requests for city-assisted funding should be con- <br /> sidered carefully to balance the financial burdens of present <br /> and future homeowners. <br /> Developers may also be charged fees through the map <br /> acts used in each state to govern developer subdivisi6ns. <br /> Map acts commonly establish areas of benefit to fund con- <br /> struction of drainage and sewage facilities, major thorough- <br /> fares and bridges. Local ordinances can be adopted that <br /> would require fees to be paid as a condition of map approval <br /> or building permit issuance for any parcel located within <br /> the area benefited by the proposed project. <br /> <br /> THE DISADVANTAGES <br /> Developer impact fees and subdivision fees have two sig- <br /> nificant disadvantages. First, fees are not due until develop- <br /> ment occurs. As a result, cities cannot use the fees to con- <br /> struct the capital improvements prior to or in conjunction <br /> with the development. <br /> Second, pre-existing development may not be charged, <br /> and new development can only be charged for future impact <br /> to infrastructure. Therefore, only a portion of a city's <br /> improvements can be funded through the fee program. <br /> It can be difficult to gauge when, or even if, the money <br />will become available to construct a proposed facility with- <br />in the time frame in which it wilt be needed. <br /> Therefore, assessment districts and community facilities <br />districts providing the capability for bonding are often used <br />in conjunction with fee programs. This allows the city <br />council to bond for the set amount of the developer impact <br />fee and receive all funding up front for a proposed project <br />-- even when all the developer fees have not yet been paid. <br /> <br />SPECIAL ASSESSMENT DISTRICTS <br />Special assessment districts, as provided through most <br />states' enabling legislation, allow a public agency to con- <br />struct and maintain improvements such as street landscap- <br />ing, street lighting, traffic signals and parks and recreation. <br />Project costs are assessed within the boundaries of the desig- <br />nated benefit area of the county or city. Then, the overall <br />cost of the project is weighed against the individual proper- <br />ties within the benefit area to determine the benefit each <br />area or parcel will receive from the public improvement. <br /> With this traditional financing tool, a property owner <br />can either pay the assessment amount in cash or allow a <br />lien to be placed on his property in the amount of the bene- <br />fit assessment. Then, he can submit payments over a prede- <br />termined 10- to 20-year period to pay for the bonds issued <br />to finance the improvement. Since these are municipal <br />bonds and payable over a period of many years, financing <br />the lien is usually an advantage for property owners. <br /> <br /> Most states allow property owners to initiate these pro- <br />ceedings via a petition within the boundaries of the pro- <br />posed assessment district, or else the city council can begin <br />the proceedings. Either way, districts are formed through a <br />process that usually involves mailing notices to all affected <br />property owners, holding public meetings and hearings con- <br />ducted by the city council and considering the percentage <br />of those in opposition to the district. <br /> In addition to using assessment districts to fund capital <br />improvement, cities have relied on this method to finance <br />ongoing maintenance and operation of improvements <br />through the annual tax of a benefit assessment amount. In <br />some states, this assessment is paid at the same time and in <br />the same fashion as property taxes. In others, the public <br />agency that authorized the assessment bills it separately. <br /> <br />COMMUNITY FACILITIES DISTRICTS <br />Similarly, legislation on community facilities districts <br />allows some states to form districts to finance various facili- <br />ties through special taxes against the area where the pro- <br />posed services or facilities are to be provided. <br /> Community facilities districts cover a broader range of <br />public improvements and facilities than do assessment,dis- <br />tricts. Projects may include the purchase, construction, <br />expansion or rehabilitation of governmental facilities the <br />city is authorized to construct, own or operate. Community <br />facilities districts can even be used to fund private improve- <br />ments in some cases, such as when seismic, fire safety or <br />hazardous waste standards must be met. <br /> Also, funds can be used for police and fire protection, <br />ambulances, recreation, library services, parkways mainte- <br /> nance, flood control and storm drain <br /> maintenance. <br /> Usually, formation of a community <br /> facilities district requires a public <br /> hearing and a favorable two-thirds <br /> vote of registered voters who live <br /> within the proposed district. Howev- <br /> er, these districts are most often used <br /> by developers who are single owners <br /> of large sites that require a substantial <br /> investment in infrastructure. After the <br /> district is formed, the city council typ- <br /> ically is required to hold an annual <br /> public hearing to authorize the special <br /> tax to be levied on the properties. <br /> This type of hearing is not required for <br /> assessment districts. <br /> <br /> TAX INCP~EMENT <br /> FINANCING <br /> On another level, if a city has a <br />built-out area in need of reconstruc- <br />tion, it can use tax increment financ- <br />ing (either by itself or in conjunction <br />with a private partnership), often <br />through a redevelopment agency <br />process. <br /> With this approach, the redevelop. <br />ment agency can collect the tax incre- <br /> <br /> <br />