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.
Author(s): Arthur C. Nelson, James C. Nicholas, Julian Conrad Juergensmeyer, Clancy Mullen
Publisher: Routledge/Planners Press
Year: 2022
Language: English
Pages: 562
City: New York
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
