Impact Fees and Sustainable Growth影响费和可持续增长.pptVIP

Impact Fees in Virginia Virginia Municipal League Annual Conference October 15, 2007 Jeffrey S. Gore Hefty Wiley, P.C. jeff@ Planning for growth Traditional planning tools in Virginia Comprehensive plan Subdivision ordinance Zoning ordinance Capital Improvement Program Conditional zoning (proffers) Land use taxation (including agricultural, forestal, open space districts) Purchase of development rights Planning for growth New planning tools in Virginia: Urban Transportation Service Districts Urban Development Areas Cluster Development Transfer of Development Rights Impact Fees What are impact fees? Road impact fee definition: “A charge or assessment imposed against new development in order to generate revenue to fund or recover the costs of reasonable road improvements benefiting the new development.” Section 15.2-2318, Code of Virginia What are impact fees? Cost includes, in addition to all labor, materials, machinery and equipment for construction acquisition of land demolition survey, engineering, and architectural legal, administrative interest charges and other financing costs if fees used for the payment of principal and interest on bonds, notes, etc. 15.2-2318 What are impact fees? Road improvement includes construction of new roads or improvement or expansion of existing roads and related appurtenances as required by applicable standards of the Virginia Department of Transportation, or the applicable standards of a locality with road maintenance responsibilities, to meet increased demand attributable to new development. Road improvements do not include on-site construction of roads which a developer may be required to provide pursuant to §§ 15.2-2241 through 15.2-2245 [Subdivision ordinances] 15.2-2318 What are impact fees? Impact fees vs. cash proffers Proffers only apply to re-zonings Impact fees can apply regardless of zoning status, i.e., can apply to “by-right” or “stale zoning” Proffers are voluntary, can be cash or in-kind (la