From Deseret News archives:

Charter school denied waiver of impact fee

Published: Tuesday, April 13, 2004 11:26 a.m. MDT
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AMERICAN FORK — The owners of a new charter school in Eagle Mountain have asked the local sewer district to exempt it from a construction impact fee they believe has already been paid once on its students' behalf.

Board members of the Timpanogos Special Service District, which handles sewage treatment for the northern Utah County cities including Eagle Mountain, see the issue differently.

The board denied a request by Leonard Lee on behalf of Stephanie Colson — owner of the new Ranches Academy Charter School in the Ranches area of Eagle Mountain — to waive the impact fee assessed on new businesses and homes.

"We can't bond for money like the school district can," Lee told the board. "Our finances are tight. We're asking for waiver because we believe we'd be paying for a second time since our 350 students have already been factored into the Pony Express Elementary."

Lee said the charter school will have 350 students and 25 support personnel. There won't be a lunchroom in operation, just restrooms and drinking fountains.

Board member Ken Leetham, of Saratoga Springs, said the estimated usage and related fee is based on the maximum use of a building and not on the number of people actually using the site.

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"What they (the charter school owners) are saying is if they're not flushing it here, they'd be flushing it at Pony Express Elementary, right?" queried Mark Sovine, a board member representing Eagle Mountain.

"Yes," Lee said, "the assumption is the child would be attending school somewhere in Eagle Mountain."

Board members worried about what happens if the charter school goes out of business or if a number of students come in from outside areas.

"As a matter of policy, this board has never granted any waiver," said board vice-chairman Steve Sowby.

Sowby said to seriously consider the request the board would need hard numbers such as how much the waived fee would be and whether that could be legitimately tied to the students at the school.

"It's nearly impossible to track the estimated use. Plus, I don't think the estimated use is calculated the way it's been presented," Leetham said before he made the motion to deny the request, which was passed by the board.


E-mail: haddoc@desnews.com

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