HomeMy WebLinkAbout970407.tiffSt. Vrain Valley School District RE -1J
395 South Pratt Parkway • Longmont • CO • 80501-6499
303-776-6200/449-4978 • FAX 303-682-7343
January 23, 1996
Monica Daniels -Mika
Planning Director
Weld County
1400 N. 17th Avenue
Greeley, CO 80631
RE: Intergovernmental Agreement for Fair Contribution for School Sites (IGA)
Dear Monica,
There has been some confusion regarding the recent decision of the Supreme Court ruling against
impact fees and whether that affects the IGA's for fair contribution for public school sites or cash in -lieu of
land dedication. This Supreme Court action is solely against counties collecting an impact fee which is
above and beyond the requirement for land dedication or a fee in lieu of land. These impact fees were
based on the cost of constructing new schools apportioned to each new dwelling unit. Fees for cash in -
lieu of land and land dedication are still firmly supported by state law and the courts, and were recently
reinforced by the Legislature in the latest session. The Supreme Court ruling identifies that "Local
governments in Colorado currently have the authority to approve subdivisions and, at the same time,
require land dedication, or fees in lieu thereof (in -lieu fees), or a combination of both capped by a market
value limitation, for school and park purposes {SS 30-28-133 (4)(a)(II)}". The Supreme Court, in addition,
reiterated the ability of local governments to deny developments based on the availability of school
facilities.
The recent legislative session which also precluded the collection of impact fees also reinforced the ability
of local governments to require land dedications and/or cash in -lieu of land. {SS 22-54-102 (3)(b)(III)}
states "... the prohibition on impact fees or other similar development charges or fees contained in this
subsection (3) shall not be construed to restrict the authority of any local government to require the
reservation or dedication of sites and land areas for schools or the payment of moneys in lieu thereof if
such local government otherwise has such authority granted by law".
Hopefully this clarifies any questions you or the County Commissioners may have. All of our previous
IGA's are still in place and we continue to collect land dedications and in -lieu fees. We hope we could
finalize the Weld County agreement in the near future. Please let me know when any meetings might be
scheduled on this topic.
Sincerely,
colt Toillion, A GP
Planning Specialist
CC: Weld County Commissioners
Roger Driver, Superintendent
Bob Moderhak, Assistant Superintendent for Auxiliary Services
Glen Hanson, Platte Valley Schools
Dale McCall, Northern/Weld BOCES
970407
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