By Richard K. Blackwell
Recently, the topic of impact fees has come about during the
ongoing debate on how to reform the property tax system in South
Carolina. Impact fees are charges assessed by local governments
against new development projects that attempt to recover the cost
incurred by government in providing the public facilities required
to serve the new development.
Impact fees are only used to fund facilities, such as roads,
schools and parks, that are directly associated with the new
development. They may be used to pay the proportionate share of the
cost of public facilities that benefits the new development;
however, impact fees cannot be used to correct existing deficiencies
in public facilities.
Let's be clear that impact fees are not the answer when you are
discussing property tax reform legislation. Impact fees are among
the most regressive forms of taxation that can be imposed by local
governments. That is why the South Carolina General Assembly has
made enacting impact fees difficult. The problems associated with
having an impact fee in place include:
A disproportionate increase in the cost of new construction.
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Higher costs for new construction, which in turn result in
upward pressure on the cost of existing properties.
Urban sprawl as developers seek political jurisdictions without
impact fees.
Reductions in the quality and/or quantity of new construction
units due to increasing costs.
Disproportionate disadvantages to lower-income households.
Reductions in housing opportunity across the income spectrum,
for ownership as well as rental.
Impact fees make it harder for prospective homebuyers with low to
moderate incomes to "fulfill the American dream" and become
homeowners. Homebuyers with limited means can easily be pushed out
of the home-buying market if an impact fee is associated with a
development. And, because in most cases an impact fee is almost
always a flat fee, it affects buyers of affordable housing far more
severely than the buyers of high-end homes.
Impact fees also can cause gentrification of communities through
increased housing costs, where the poor and working class have
difficulty finding affordable housing. This also can have a greater
effect by putting more demands on state and local governments for
social services. In addition, many homebuyers would be driven to
adjoining counties and communities, where homes are often more
affordable, negatively impacting economic growth in the core urban
counties, and transferring urban problems to more rural areas that
are least able to cope with new urban problems.
Instead of restricting growth and development to desired areas,
impact fees simply push that activity farther out to jurisdictions
without the tax, contributing to suburban sprawl. As a growth
management tool, impact fees are a complete failure.
In terms of economic development, impact fees are also a negative
because they pose a hindrance for an important element of economic
development -- construction. Impact fees also constrain local
economic development, serving as a de facto "tax" on capital,
stifling investment and driving job growth to other fee-free
jurisdictions. The higher cost of housing, new and existing, that
would result from an impact fee would make an area less attractive
for industrial recruitment, because the availability of affordable
housing is often a very important factor in site selection
decisions.
Developers do not pay impact fees; most make it a "pass-along
cost" and the buyers or investors are the ones who have to pay the
fee. The myth is impact fees are paid by newcomers (future
constituents), not current constituents. The truth is impact fees
are paid by anyone who impacts government services when constructing
a new home or business, whether they just moved into town or have
lived there all of their lives.
Across our state, many, if not most, new home sales are to
existing South Carolina residents. It is true that an impact fee can
provide a revenue source for a local government to use in order to
pay for costs associated with developments. But, when looking at all
the negatives associated with impact fees, it is simply a bad idea
to put impact fees into place.
Impact fees are not the answer to the "how to provide property
tax relief" riddle. If you have those fees in place, it will hurt
local economic development efforts, cause more concerns with growth
management at the local level and hurt the "average" citizen
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