The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Saturday, January 21, 1995             TAG: 9501210173
SECTION: LOCAL                    PAGE: B3   EDITION: FINAL 
SOURCE: BY FRANCIE LATOUR, STAFF WRITER 
DATELINE: CHESAPEAKE                         LENGTH: Medium:   73 lines

CHESAPEAKE SEEKS MEANS TO IMPOSE FEES ON BUILDERS

Chesapeake has long clamored for the state to give it the means to deal with the city's explosive expansion.

Now, Virginia's fastest-growing city may finally get to make its case for passing on the cost to developers.

Del. J. Randy Forbes introduced a bill in the General Assembly Friday afternoon that would give Chesapeake the authority to impose fees on people planning to build new homes in the city.

The fees would be used to build schools and roads in the new neighborhoods that are mushrooming around Chesapeake. Fees would be capped at $3,000 per unit.

It is the first time the city's legislative request for the growth management mechanism has gotten as far as the General Assembly floor.

The push for impact fees has been an uphill battle for the city. In the past, lack of support among state delegates and strong opposition by builders have hindered it at the state level.

The city currently uses a system in which builders offer fees when they request zoning changes.

But that system is voluntary and does not affect those building on already approved parcels. It is also before a state legislative subcommittee that is examining whether the process is really optional for those seeking permission to build.

Impact fees would be required for all new construction.

Though support is still scarce among lawmakers, Forbes said it was time for the state to confront the pressures that threaten to cripple the city's infrastructure.

``I recognize the dilemma that the city is in in trying to pay for all the roads and the schools that we all need,'' he said. ``And I feel that they at least deserve the opportunity to come up here to defend their case.''

Only one other lawmaker, Del. Jerrauld C. Jones, D-Norfolk, has agreed to co-patron the bill.

Forbes, a Republican, said he himself questions the value of impact fees and doubts the bill will survive beyond committee discussion.

``I've always had some concern about the fees,'' Forbes said. ``Because I can honestly understand the problems with imposing any additional fee on people who want to build on their property.''

Forbes said the bill's passage was less important than the debate it will bring about: It will force developers and state and local officials to come to the table and ``grapple with the sprawl and the solutions that will work to fix it,'' he said.

There are already 350 portable classrooms in Chesapeake and enough residentially zoned land for 22,000 more homes.

``We are constantly playing catch-up with everything,'' said Mayor William E. Ward. ``The superintendent alone is asking for $100 million for schools for the next fiscal year. Impact fees would give the city an additional mechanism to fund that.''

If Forbes' bill is passed, it would be up to the City Council to establish its own formula to determine what the impact of a given subdivision is on surrounding schools and roads in the area.

There were 2,000 building permits issued by the city last year. An automatic $3,000 fee could have meant up to $6 million available for schools and sewer hook-ups.

In a state that has traditionally revered the rights of property owners, Vice Mayor Arthur L. Dwyer said he doubted the controversial bill would pass.

But he warned that the bill's failure could have long-term consequences for city taxpayers.

``If we don't get some more ways to offset the growth and make developers pay their fair share, taxpayers will have to subsidize the growth of infrastructure needs in our city,'' Dwyer said.

KEYWORDS: GENERAL ASSEMBLY IMPACT FEE by CNB