James B. Duncan, FAICP President – Duncan Associates – Austin, TX Arthur C. Nelson, Ph.D., FAICP Presidential Professor – University of Utah, Salt Lake.

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Presentation transcript:

James B. Duncan, FAICP President – Duncan Associates – Austin, TX Arthur C. Nelson, Ph.D., FAICP Presidential Professor – University of Utah, Salt Lake City, UT Carson Bise, AICP President – TischlerBise Associates – Bethesda, MD Virginia Legislature – December 4, 2009 Impact Fee Primer

James B. Duncan, FAICP President of national consulting firm, Duncan Associates Drafted development codes for over 300 clients in 40 states Drafted codes for numerous Virginia cities and counties Drafted impact fee studies for over 100 clients in 30 states Created nation’s 1st online resource: Managed nation’s 1st multi-facility impact fee system Co-authored nation’s 1st state impact fee enabling act Co-authored “Growth Management Principles and Practices” Past national president of American Planning Association

Evolution of Impact Fees 1970s – Era of Frustration Rapid urbanization Anti-tax revolution 1980s – Era of Acceleration Declining State and Federal assistance “Reaganomics” (Public-Private Partnerships) 1990s – Era of Maturation “Smart growth”-oriented impact fees Increased state enabling legislation 2000s – Era of Frustration II Skyrocketing infrastructure costs and fees Roller coaster real estate markets

“The Perfect Impact Fee Act” The “Rational Nexus” Test Need (plans and projections) Benefit (CIPs and service areas) Fair Share (proportionality) Benefit Fair Share Need

“The Perfect Impact Fee Act” Substantive issues Eligible facilities (Be permissive, not prohibitive) Levels of service (Omit “sins of the past”) Crediting (No double charging) Earmarking (Spend wisely)

“The Perfect Impact Fee Act” Procedural issues Stakeholder involvement Collections and refunds Timing: Phase-ins and updates Waivers and exemptions