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Full 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.
Contents
PART 1: POLICY RATIONALE AND LEGAL FOUNDATIONS 1. The Past, Present, and Future of Impact Fees 2. Legal Foundations 3. State Impact Fee Legislation 4. A Tale of Two States: Texas and Georgia Impact Fee Legislation Compared 5. National Impact Fee Survey PART 2: FOUNDATIONS OF PLANNING, CALCULATION, AND IMPLEMENTATION 6. In Accordance with the Plan 7. Impact Fee Methodology 8. Model Proportionate Share Impact Fee Ordinance 9. A Word about Independent Studies, Exemptions, and Waivers PART 3: EFFICIENCY, ETHICS, EQUITY, POLICY: OPTIONS AND INTERNATIONAL PERSPECTIVES 10. Evaluation of Impact Fees against Public Finance Criteria Douglass B. Lee 11. Impacts of Proportionate-Share Development Fees Gregory Burge and Trey Dronyk-Trosper 12. Toward a Supply-Side Theory of Development Impact Mitigation 13. Good Planning, Value-Added Planning, and Value Capture 14. Ethical Issues in the Use of Impact Fees to Finance Community Growth Timothy Beatley 15. The Ethics of Impact Fee Equity Mary Kay Peck Delk and Susan A. Wood Chapter 15 Coda. A Standard of Professional Practice for Proportionate Share Mitigation Fees Mary Kay Peck Delk, Julian Conrad Juergensmeyer, Clancy Millen, Arthur C. Nelson, James C. Nicholas, and Susan A. Wood 16. The Option of Impact Fees 17. Impact Fees in an International Context: Comparisons and Similar Fiscal Tools David Amborski PART 4: INNOVATIONS IN PRACTICE 18. A Framework for Estimating Multimodal Transportation Impacts for Sustainable Development Kristina M. Currans and Kelly J. Clifton 19. Mobility Fees Jonathan Paul 20. Operations and Maintenance Mitigation Fees and Transportation Utility Fees with Implications for Improving Impact Mitigation 21. Parking In-Lieu Fee Incentivizes Development in Downtown Oxnard, California Alison Bouley 22. A Rational Nexus Approach Supporting Development Mitigation to Increase Workforce Housing Supply 23. Innovations in Impact Fee Adjustments to Advance Housing Affordability 24. Western Placer County Habitat Conservation Fee Robert Spencer 25. Flexible Development Funding for Large Scale Development Alison Bouley 26. Residential and Nonresidential School Impact Fees: Case Study of Fremont High School District, California J. Richard Recht 27. Parks and Recreation Impact Fees for Residential and Nonresidential Development: Case Study of Tucson, Arizona Carson Bise 28. Water Impact Fees for Residential Development Based on House Size: Case Study of Bozeman, Montana Carson Bise 29. Transportation Impact Fees Scaled to Residential Unit Size in Tucson, Arizona Carson Bise 30. Impact Fee Focus Groups: Case Study of Town of Queen Creek, Arizona Kevin Burnett EPILOGUE: COMMENTARY BY JIM NICHOLAS
