Proportionate Share Impact Fees and Development Mitigation

Proportionate Share Impact Fees and Development Mitigation

Author: Arthur C. Nelson

Publisher: Taylor & Francis

Published: 2022-11-29

Total Pages: 563

ISBN-13: 1000782913

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After decades of evolving practice often tested in court, development impact fees have become institutionalized in the American planning and local government finance systems. But, they remain contentious, especially as they continue to evolve. This book is the third in a series of impact fee guidebooks for practitioners, following A Practitioner’s Guide to Development Impact Fees and Impact Fees: Proportionate Share Development Fees. Proportionate Share Impact Fees and Development Mitigation is the culmination of the authors’ careers devoted to pioneering applications of the dual rational nexus test. That test requires (1) establishing the rational nexus between the need for infrastructure, broadly defined, to mitigate the impacts of development and (2) ensuring that development mitigating its infrastructure impacts benefits proportionately. The book elevates professional practice in two ways. First, it shows how the rational nexus test can be applied to all forms of development infrastructure impact mitigation. Second, it establishes the link between professional ethics and equity as applied to proportionate share impact fees and development mitigation. The book is divided into four parts, with the first reviewing policy and legal foundations, the second detailing the planning, calculation, and implementation requirements, the third exploring economic, ethical, and equity implications, and the fourth presenting state-of-the-art case studies. Proportionate Share Impact Fees and Development Mitigation sets new standards for professional practice.


Impact Fees

Impact Fees

Author: Author C Nelson

Publisher: Routledge

Published: 2017-11-08

Total Pages: 432

ISBN-13: 1351178776

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This is the only impact fee book you'll need for the next decade or longer! This comprehensive reference book updates the popular, pioneering works on impact fees by introducing new methodologies, concepts, applications, and theories. The authors contend that it's time to go beyond narrowly defined impact fees to proportionate-share development fees broadly applied to publicly provided facilities and services and their operation. Impact fees are one-time charges applied to new development to generate revenue for the construction or expansion of capital facilities outside the boundaries of the new development for system improvements engendered by the new development. At least that was the traditional use of impact fees. A generation ago, they were generally not used legally for the operation, maintenance, repair, alteration, or replacement of capital facilities; for social purposes such as affordable housing and daycare; or for "green" purposes such as habitat preservation. This book updates impact fee law, practice, and applications, and breaks new ground by showing how the impact fee logic of proportionate share can be used for these and other purposes. Through actual ordinances, summaries of technical reports, numerous case studies, and model ordinances and codes, readers will learn how to design and implement a proportionate-share development fee program. This is essential reading for anyone interested in impact fees.


A Guide to Impact Fees and Housing Affordability

A Guide to Impact Fees and Housing Affordability

Author: Arthur C. Nelson

Publisher: Island Press

Published: 2012-06-22

Total Pages: 318

ISBN-13: 1610910842

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Impact fees are one-time charges that are applied to new residential developments by local governments that are seeking funds to pay for the construction or expansion of public facilities, such as water and sewer systems, schools, libraries, and parks and recreation facilities. In the face of taxpayer revolts against increases in property taxes, impact fees are used increasingly by local governments throughout the U.S. to finance construction or improvement of their infrastructure. Recent estimates suggest that 60 percent of all American cities with over 25,000 residents use some form of impact fees. In California, it is estimated that 90 percent of such cities impose impact fees. For more than thirty years, impact fees have been calculated based on proportionate share of the cost of the infrastructure improvements that are to be funded by the fees. However, neither laws nor courts have ensured that fees charged to new homes are themselves proportionate. For example, the impact fee may be the same for every home in a new development, even when homes vary widely in size and selling price. Data show, however, that smaller and less costly homes have fewer people living in them and thus less impact on facilities than larger homes. This use of a flat impact fee for all residential units disproportionately affects lower-income residents. The purpose of this guidebook is to help practitioners design impact fees that are equitable. It demonstrates exactly how a fair impact fee program can be designed and implemented. In addition, it includes information on the history of impact fees, discusses alternatives to impact fees, and summarizes state legislation that can infl uence the design of local fee programs. Case studies provide useful illustrations of successful programs. This book should be the first place that planning professionals, public officials, land use lawyers, developers, homebuilders, and citizen activists turn for help in crafting (or recrafting) proportionate-share impact fee programs.


Impact Fees

Impact Fees

Author: Arthur C. Nelson

Publisher: Routledge

Published: 2009

Total Pages: 0

ISBN-13: 9781932364552

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This comprehensive reference book updates the popular, pioneering works on impact fees by introducing new methodologies, concepts, applications, and theories. The authors contend that it's time to go beyond narrowly defined impact fees to proportionate-share development fees broadly applied to publicly provided facilities and services and their operation. Through actual ordinances, summaries of technical reports, numerous case studies, and model ordinances and codes, you'll learn how to design and implement a proportionate-share development fee program.


A Practitioner's Guide to Development Impact Fees

A Practitioner's Guide to Development Impact Fees

Author: James C. Nicholas

Publisher: American Planning Association

Published: 1991

Total Pages: 328

ISBN-13:

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This book is about development impact fees. Impact fees shift a portion of the burden of teh cost of new or expanded facilities to accommodate new development away from the community at large to new development itself.


Impact Fees and the Role of the State

Impact Fees and the Role of the State

Author: DIANE Publishing Company

Publisher: DIANE Publishing

Published: 1995-06

Total Pages: 112

ISBN-13: 9780788117886

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Analyzes fee consequences and develops guidance for States in drafting enabling legislation for impact fees. Recommends State standards and uniform procedures for local impact fee programs that will minimize effects on housing prices and also ensure adequate capital facilities to support growth. Bibliography. 9 tables and figures.


Development Charges

Development Charges

Author: Shishir Mathur

Publisher: Cambridge University Press

Published: 2024-03-31

Total Pages: 236

ISBN-13: 1009445308

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The book reviews development charges globally and in the specific case of India to show how they are inadequate. It suggests ways to levy development charges that are legally sound, transparent, equitable, and politically and administratively feasible.


Growing Smart Legislative Guidebook

Growing Smart Legislative Guidebook

Author: Stuart Meck

Publisher: Routledge

Published: 2020-12-17

Total Pages: 1528

ISBN-13: 1351178318

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States and their local governments have practical tools to help combat urban sprawl, protect farmland, promote affordable housing, and encourage redevelopment. They appear in the American Planning Association's Growing Smart Legislative Guidebook: Model Statutes for Planning and the Management of Change. The Guidebook and its accompanying User Manual are the culmination of APA's seven-year Growing Smart project, an effort to draft the next generation of model planning and zoning legislation for the United States. The Guidebook is also pertinent to those who are affected by planning decisions and who have an interest in how the statutes are revised, including: Local planners Builders Developers Real estate and design professionals Smart growth and affordable housing advocates Environmentalists Highway and transit specialists Citizens.


Land Use Law in Florida

Land Use Law in Florida

Author: W. Thomas Hawkins

Publisher: Taylor & Francis

Published: 2021-06-28

Total Pages: 315

ISBN-13: 1000394050

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Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.