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Impact Fees affecting land Owners and Consumers

By
Home Builder

New Hamshire land owners beware. There's a wave of NH towns who have been adopting Impact fees as away to offset the cost of growth.

In the town of Mont Vernon if you want to build a 4300 square foot home is is going to cost you $10,000.00 in impact fees. Newly created lots in this town are subject to an imact fee that is base upon the square footage of the house.

My question to you is this. Why does a four bedroom, 4,300 Sq.ft home need to pay nearly $10,000.00 in impact fees, while a four bedroom, 2,000 Sq.ft home pays nearly $4,600.00 in impact fees? At a tax rate of 21.66, the larger home could net the town almost $18,000.00/year in taxes while the smaller home nets the town between $5,800-$6,500/year. Where is the additional impact that the larger house generates coming from? If anything, it is a lesser of an impact on the town due to the fact it generates larger tax dollars for the town.

Is this how towns should be off setting their tax impact? Is this system flawed? First of all, why is the impact fee based on square footage? One of the primary concerns towns have, which is a legitimate one, is the impact that growth and new construction has on the school system. More development means more homes. More homes means more bedrooms . More bedrooms means more children, and thus the impact on the school system. Where is the greater impact coming from when larger more expensive homes are built? A four bedroom, 2000 sq.ft home is just as capable of having its bedrooms filled with young children.

James Gordon
Sibcy Cline Realtors® - Cincinnati, OH
REALTOR, PBD SFR SRS

The way Ohio has written the state law on impact fees they are almost impossible to put on developement but the fee should be charged on a per homesite basis not value of the home.

Feb 07, 2007 10:31 PM
Steve Dalton
219-465-8352 - Valparaiso, IN
Northwest Indiana Home Builder

Oh I love this issue, it rings true from sea to shining sea all across America. 

Impact Fees are "taxation without representation" and fly in the face of our nation's history.  Boston Harbor would be full of tea if we really stopped to think about this.

The person paying an impact fee, the homebuyer, is being taxed without the right to vote or even know where that tax is going.  It's become the easiest way to raise cash for a city or town nationwide without having any accountability.  Do you know why it works?  Because the people living in a community are only too happy to pound the guy that doesn't live there yet. 

I'd love to see impact fees banned!  They adversely raise the cost of homeownership and the truth is that the government entity that gets the cash now has no reason to be frugle. 

Dave, great post by the way.  I'll be curious to see if all these real estate professionals who spend thousands of hours posting about protecting their industry and their commissions will care about this tax .

Feb 10, 2007 05:15 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Perhaps NH has to revisit the question of an income tax!  I know those are two words everyone hates.  This year is going to be a very interesting.  NH must come up with the definition of what constitutes an "adequate education" by July.  One way or the other, the legislature seems to want to put some sort of surcharge on real estate.  This year there is proposed legislation to increase recording FEES to fund environmental programs -- while we all want to preserve the environment, should it be done on the backs of those who purchase homes.  Aren't we fooling oureselves calling these various surcharges FEES.  Is the allocation of FEES fair?

In NH we are losing population to other states. NH has the second highest property taxes.  It makes it very difficult for many people to buy and/or maintain their homes.  It seems that all of these "fees" are another word for "tax."  As you point out these fees/taxes are enacted without any representation or right to vote.  A very interesting question you pose.

Feb 11, 2007 12:51 AM
Anonymous
Dave Hall

 

In short, I feel it is created due to a "knee jerk" reaction to development.  I live in a town where this story is based.  I have been screaming to anyone who will listen to consider alternative zoning which would promote Responsible Growth.  By this I mean zoning which would give developers incentives to consider development other than your traditional single family residential development. 

I don't claim to have all the answers, but I feel the answers lie within a balance of greater density for the developer and a tax positve return for the town.  The tax positive benefit to the town may come in the form of ealderly housing, or housing which promotes smaller number of bedrooms.  I am seeing a need for housing which is suited for single adults and young couples.  One thought some share is that the two bedroom units are ideal for these groups.  Now some of them may be married couples, or divorced parents.  Some of them may have children, but the thinking is that the family with multiple children will move into a larger home with more bedrooms.  

Feb 21, 2007 11:10 AM
#4
Phyllis Mathouser
Re/Max By The Bay - Exeter, NH
GRI, CBR
Though I understand the impact fee reasoning, it is tough on that family that is not a developer.  The first one in my town ended up in the first lawsuit.  A mom had subdivided her large parcel to her daughter who built a house.  They built on it although they were living with the mom already so the kids were already in the schools.  They won the suit because the town felt it would cost more to fight then give in. 
Feb 24, 2007 07:32 AM
Anonymous
David Hall

 

Maybe there should be some sort of "homestead" exemtion that would allow a land owner the carve off a lot or two over time for family members.

Take for instance a local farmer who wants to give his son or daughter a piece of land so they can build a house for their family.  

Mar 03, 2007 11:18 PM
#6
Sue Argue
Staged First Impressions - Hampton, NH
NH Home Stager

Dave, so many NH blogs this week discussing tax/fees increases. I'm not sure how long we can keep the income tax monster away without adding fees somewhere. I feel for our seniors being hit so hard with taxes; the income tax seems much more fair. Altho nobody wants to hear it!!!

Sue 

Mar 05, 2007 02:35 PM
Anonymous
Dave Hall

 


That's the million dollar question for us all to figure out.  How do you create zoning which creates incentive for developers, adds value to the town, both financially and aesthetically, without discriminating against protected classes. 

If anyone lives in towns where they feel this is being done, I would love to see how they have set it up.

I live in Mont Vernon, and am hoping to get on the planning board because of this very issue.

Dave 

 

Mar 08, 2007 10:15 PM
#8
Richard Ives
Chicago, IL
Great post Dave.
Feb 10, 2008 05:59 AM