Proportionate Share Impact Fees and Development Mitigation

Description

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. Cover Half Title Title Page Copyright Page Dedication Table of Contents Illustrations Acronyms Foreword Preface Prologue: Proportionate Share Impact Mitigation Part 1 Policy Rationale and Legal Foundations Chapter 1 The Past, Present, and Future of Impact Fees Chapter 2 Legal Foundations Chapter 3 State Impact Fee Legislation Chapter 4 A Tale of Two States: Texas and Georgia Impact Fee Legislation Compared Chapter 5 National Impact Fee Survey Part 2 Foundations of Planning, Calculation, and Implementation Chapter 6 In Accordance with the Plan Chapter 7 Impact Fee Methodology Chapter 8 Model Proportionate Share Impact Fee Ordinance Chapter 9 A Word About Independent Studies, Exemptions, and Waivers Part 3 Efficiency, Ethical, and Equity Concerns with Policy Options and International Perspectives Chapter 10 Evaluation of Impact Fees Against Public Finance Criteria Chapter 11 Impacts of Proportionate-Share Development Fees Chapter 12 Toward a Supply-Side Theory of Development Impact Mitigation Chapter 13 Good Planning, Value-Added Planning, and Value Capture Chapter 14 Ethical Issues in the Use of Impact Fees to Finance Community Growth Chapter 15 The Ethics of Impact Fee Equity Coda to Chapter 15: A Standard of Professional Practice for Proportionate Share Impact Fees and Development Mitigation Chapter 16 The Option of Impact Fees Chapter 17 Impact Fees in an International Context: Comparisons and Similar Fiscal Tools Part 4 Innovations in Practice Chapter 18 A Framework for Estimating Multimodal Transportation Impacts for Sustainable Development Chapter 19 Mobility Fees Chapter 20 Operations and Maintenance Mitigation Fees and Transportation Utility Fees with Implications for Improving Impact Mitigation Chapter 21 Parking In-Lieu Fee Incentivizes Development in Downtown Oxnard, California Chapter 22 A Rational Nexus Approach Supporting Development Mitigation to Increase Workforce Housing Supply Chapter 23 Innovations in Impact Fee Adjustments to Advance Housing Affordability Chapter 24 Western Placer County, California: Habitat Conservation Fee Chapter 25 Flexible Development Funding for Large-Scale Development Chapter 26 Residential and Nonresidential School Impact Fee Nexus: Case Study of Fremont Union High School District, California Chapter 27 Parks and Recreation Impact Fees for Residential and Nonresidential Development: Case Study of Tucson, Arizona Chapter 28 Water Impact Fees for Residential Development Based on House Size: Case Study of Bozeman, Montana Chapter 29 Transportation Impact Fees Scaled to Residential Unit Size in Tucson, Arizona Chapter 30 Impact Fee Focus Groups: Case Study of Town of Queen Creek, Arizona Epilogue: Commentaries and Reflections on the Promise of Proportionate Share Impact Fees and Development Mitigation Index