Capital Impacts Evaluations: What's Next for Cash Proffers
Tuesday, July 18, 2017
9:30 a.m. - 10:30 a.m. EDT
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Cash proffers have been an infrastructure funding tool used in Virginia communities for decades. Major legislative changes took effect in 2016, requiring localities to not “request or accept an unreasonable proffer” or “deny a rezoning application or proffer condition amendment due to applicant’s failure or refusal to submit an unreasonable proffer.” Localities are now faced with the challenges of complying with this change to the law.
The implementation of this cash proffer change hinges on defining an unreasonable proffer, or more positively, defining a reasonable proffer. While the law provides some guidance on what constitutes an unreasonable proffer, there is much left for interpretation to comply with the law and continue to collect cash proffers.
The session will explore local responses to and experiences with the new law. A Virginia land use attorney will describe localities’ experiences implementing the new law. Mr. McRoberts will briefly discuss the legislation that passed last year and generally describe local governments responses to it.
The session will provide a case example from Fauquier County’s efforts to meet the requirements of the law through use of a Capital Impacts Model, a dynamic tool to be used by the County on a case-by- case basis. The tool determines the capital impacts/costs for rezoning applications taking into consideration location of the project and whether capacity is available and by extension, whether a reasonable cash proffer can be offered and accepted by the County.
This session will provide value to practicing planners in Virginia by providing timely and critical information on an essential growth management tool in Virginia as well as describing and illustrating a feasible approach and real-world tool to address the challenges posed by the new cash proffer law. It has broad applicability asmany Virginia communities are wrestling with revisions to their cash proffer policies and approach in calculating capital impacts.
Michael W.S. Lockaby
Andrew Hopewell, AICP
Julie Herlands, AICP
Eldon James, firstname.lastname@example.org