The Emerging Debate over Impact Fees

The Washington Post

is the first Virginia newspaper to explore the significance of the impact-fee amendments that Gov. Timothy M. Kaine inserted into the transportation bill likely to be approved tomorrow by the General Assembly.

The measures would allow local governments to raise money not only from developers requesting rezoning for their projects but by-right development where no rezoning is needed. At $20,000 per lot, the measure could provide up to $520 million for a county like Prince William, which has about 26,000 lots available for development.

The predictable issue is the fairness of financing road improvements on the backs of newcomers. The advantage for local politicians is that people who will buy houses some time in the future, by definition, haven’t bought them yet and, in many cases, may not even live in the locality in question. Non-residents don’t vote. Residents do.

But the home builders lobby argues, rightly, I think, that impact fees will drive up the cost of new housing. And, because new housing prices set the benchmark for old houses, impact fees will drive up the cost of housing stock generally. Of course, that, too, is likely to be a crowd pleaser among existing voters, most of whom are home owners. Not only will existing residents not pay for the transportation improvements, impact fees on new houses will make their houses more valuable in the bargain.

What we don’t know yet is the extent to which higher housing prices in fast-growth counties will encourage developers to leap-frog to farther-out jurisdictions that haven’t imposed impact fees. What will the consequences be as citizens wind up driving even further to work and clogging more miles of Interstate and arterials? At this point, that’s anybody’s guess.

The impact fees strike me as a blunt instrument. They treat all forms of development on the same basis. But some forms of development are more transportation-efficient than others. Mixed use development is preferable to traditional segregated land uses. Grid streets provide more connectivity than cul de sacs. Compact, pedestrian-friendly development along bus and rail lines provide a mass transit option that low-density development does not.

By varying the impact fees based on the anticipated transportation impact of the new development — charging less for transportation-efficient development and more for scattered, disconnected, low-density development — local governments could stimulate the building of more sustainable human settlement patterns. Combine variable impact fees with Urban Development Areas and the devolution of responsibility for secondary roads to local governments, and we could see major changes in the built landscape. In theory, at least. In actual practice, we have to brace ourselves for the law of unintended consequences as people act in all sorts of perverse and unpredictable ways.

In any case, Virginia politics is entering a new phase. After four or five years intense debate on the state level over transportation, the discussion will shift to local governments as they begin implement Urban Development Areas and decide whether or not to impose impact fees.


Share this article



ADVERTISEMENT

(comments below)



ADVERTISEMENT

(comments below)


Comments

9 responses to “The Emerging Debate over Impact Fees”

  1. Ray Hyde Avatar
    Ray Hyde

    “But some forms of development are more transportation-efficient than others. Mixed use development is preferable to traditional segregated land uses.”

    I think these are unproven value judgements.

    “Grid streets provide more connectivity than cul de sacs.”

    True enough, but they may also lead to more congestion and more pollution, not less.

    “Compact, pedestrian-friendly development along bus and rail lines provide a mass transit option that low-density development does not.”

    True enough, but that option may be far more expensive and exclusionary than the real value of the option.

    “charging less for transportation-efficient development and more for scattered, disconnected, low-density development”

    Nice, if we can ever prove that there is such a thing as transportation efficient development. In the meantime, doesn’t the state constitution have something to say about taxation being applied equally?

    “people act in all sorts of perverse and unpredictable ways.”

    I predict they will act to avoid fees which turn out to be overly burdensom, I see nothing unpredictable or perverse about it. If you want something to happen, then the best (and cheapest) thing to do is raise the money and make it happen, rather than just penalizing everyone who happens to wish to do something you don’t agree with.

    If we decide we want the kind of settlement patterns you describe, then we should be willing to pay for them ourselves, rather than foist the costs off on those who choose to make decisions we decide to call perverse.

    “Not only will existing residents not pay for the transportation improvements, impact fees on new houses will make their houses more valuable in the bargain.”

    Here, we agree. Virginia politics is entering a new phase: we can call it haves against have-nots.

  2. Larry Gross Avatar
    Larry Gross

    Proffers already charged by Stafford and Spotsylvania are already right at 20K – and most of that is for schools which cost 10K per student seat, then fire/rescue and library, and a small amount for transportation so I don’t think that “by-right” is going to be charged anywhere 20K per lot just for roads.

    What it WILL do is even the playing field for buyers no matter whether they buy a home with proffers on it or not.

    Keep in mind, if you buy the homebuilders essential argument that proffers would be illegal also.

    Further, Spotsylvania and Stafford DO VARY their existing proffer fees according to what kind of home – with single family detached having the highest fee and apartments the lowest.

    Folks should note the homebuilders don’t use their “affordable housing” argument with regard to schools – only roads. Why?

    Schools use 60% or more of proffers AND in fact, all General revenues in most fast growing counties.

    Keep in mind also that existing homeowners WILL pay increased taxes as a result of proffers and impact fees because those prices will result in increased valuations for existing homes – which, in turn, will result in higher property taxes for existing owners also.

    So everyone WILL pay more for the needed infrastructure.

    I consider the “affordable housing” argument as completely bogus.

    It’s like arguing that the high cost of water/sewer hookups is “hurting” the “affordability” of homes.

    and what is the alternative?

    well. if you ask the homebuilders – they’d have the existing residents pay for as many new water/sewer hookups that were necessary to accommodate new growth no matter what the growth rate.

    The homebuilders do not offer solutions.

    They merely are like any other special interest group… protecting THEIR interests no matter whether it makes good public policy or not.

  3. Ray Hyde Avatar
    Ray Hyde

    “as a result of proffers and impact fees because those prices will result in increased valuations for existing homes – which, in turn, will result in higher property taxes for existing owners also.”

    Only if the tax rate stays the same or goes up.

    Increased valuations on the homes also depends on whether the increased infrastructure is ever built, which is what affects the tax rate.

    We could charge the impact fees, pocket the money and do nothing. In that case we would live more miserable lives, but our asessments and taxes would go down.

    Suppose we build new homes and they are more expensive due to impact fees. Then we spend ONLY the additional money that comes from the fees on new infrastructure. As you point out, the new homes would cost more and that would be reflected in our used home values. But since we spent only the new money on new infrastrucure wew ould expect our tax rate to go down. (Admittedly, this ignores the problem of increased operation and maintenance.)

    But, if the new homes raise values, we keep rates the same, and spend all the (additional) money on new infrastructure and services, then you are correct that everyone will pay more for more infrastructure. But now it is no longer clear whether we are paying only for infrastructure needed for just the new residents, or whether we are also paying for more infrastructure that was needed anyway due to previous underinvestment, and which should really be chraged in the “public good” category.

    But, even if that turns out to be the case, you can bet your britches that the new residents will be blamed for raising “our” taxes.

    It is another example of the problems with “fee” based systems.
    We haven’t really got the metrics to know where the money comes from or whare it goes.

  4. Jim Wamsley Avatar
    Jim Wamsley

    Jim:

    Your analysis looks at only one side.

    “But the home builders lobby argues, rightly, I think, that impact fees will drive up the cost of new housing. And, because new housing prices set the benchmark for old houses, impact fees will drive up the cost of housing stock generally. Of course, that, too, is likely to be a crowd pleaser among existing voters, most of whom are home owners. Not only will existing residents not pay for the transportation improvements, impact fees on new houses will make their houses more valuable in the bargain.”

    The price of housing is set in the mortgage market. The quality of housing is set by the market. In other words a $200,000 house will be one size and quality in one location and a different size and quality in another. Impact fees will downsize units and lot sizes and make older smaller houses more attractive. As units and prices get smaller, the home builders will need to either move more units, or increase the profit per unit or make less money. The market will speak.

  5. Larry Gross Avatar
    Larry Gross

    “We could charge the impact fees, pocket the money and do nothing.”

    The concern that localities with serious growth-induced traffic and congestion – are going to “pocket” the proffers and impact fees rather than spend it on the required infrastructure … really is a stretch isn’t it?

    Show me a single locality that has chosen to “hoard” it’s proffers – then we can have a big summit and talk about how to stop this “abuse”.

    Even better – let’s ask Bill Howell who lives in Stafford to tell us how Stafford (who was granted the right to charge impact fees 2 years ago) – has “abused” this process.

    The rules built into the impact fees requires fairly careful justification – which basically boils down to analyzing the designated land-use for a specified district – then figuring out the traffic generation that results from those kinds of land-uses and then divide the number of units into the cost of upgrading the roads to handle the generated traffic.

    I would point out, however, that for such scenarios – such as Stafford – that the more dense the settlement pattern in STAFFORD (as alluded to by Jim) – the MORE overall regional traffic that will be generated because a huge proportion of it in Stafford – goes everyday from driveway to the nearest I-95 on-ramp and north.

    Denser settlement patterns – in regions that have high commuter patterns – generates MORE traffic -not less.

    Every two new houses in Stafford county means at least one additional car on I-95 every morning and one additional car in NoVa rush hour – every day.

    This is why I feel, that impact fees, tolls and congestion pricing (all 3) are needed if we are going to improve and optimize the infrastructure.

  6. I thought somewhere in the Code there is a provision as to at least some proffers or impact fees that if the money does not get spent by the locality within some fixed period, it becomes property of the Commonwealth.

    This might be what I was thinking about –

    “The governing body of any locality accepting cash payments voluntarily proffered on or after July 1, 2005, pursuant to § 15.2-2298, 15.2-2303 or 15.2-2303.1 shall, within seven years of receiving full payment of all cash proffered pursuant to an approved rezoning application, begin, or cause to begin (i) construction, (ii) site work, (iii) engineering, (iv) right-of-way acquisition, (v) surveying, or (vi) utility relocation on the improvements for which the cash payments were proffered. A locality that does not comply with the above requirement, or does not begin alternative improvements as provided for in subsection C, shall forward the amount of the proffered cash payments to the Commonwealth Transportation Board no later than December 31 following the fiscal year in which such forfeiture occurred for direct allocation to the secondary system construction program or the urban system construction program for the locality in which the proffered cash payments were collected.”

    http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-2303.2

  7. Larry Gross Avatar
    Larry Gross

    yes – they are indeed.

    And it can cause problems because not only are time-limited but they are location-limited so if you have a corridor that is developing… collecting proffers/impacts fees from the first new developments will not provide enough money to do the whole corridor and if you wait until more development occurs – you risk losing the money from the first developments.

    I “think” some of the current changes allow proffer/impact fees to be used more generally but this concept also has been a bone of contention.

    I do agree – the money should not be unfettered… and subject to mischief from officials that might be ethically-challenged.

  8. Ray Hyde Avatar
    Ray Hyde

    “We could charge the impact fees, pocket the money and do nothing.”

    This was not a serious suggestion. All I was doing was a gedanken experiment: explore all the alternatives to test your argument. However the fact that there is a law about it suggests what?

    I actually agreee with your argument, and have argued the same here in the past. Higher new home prices mean higher old home prices. Theoretically the higher valuations would mean lower tax rates and lower taxes if everything else stayed the same. The new homes do mean more infrastructure more school seats and more maintenance. Even so the new revenue should come close to cancelling out the new expenses, otherwise our taxes are not high enough, and the old revenue probably isn’t covering the old expenses either.

    But what we know happens is the government see the possibility of new income and finds a way to spend it. Therefore valuations go up, taxes go up and newcomers and developers get blamed. All of this takes time, so the early adopters or older residents get used to things being a certain way, uncrowded. Later, when other landowners develop, they are unhappy.

    Except for a few counties, I think it mostly does NOT get spent on roads, but rather the builder does things like add turn lanes and signals so that the proffers are “in kind” rather than in cash.

    “Every two new houses in Stafford county means at least one additional car on I-95 every morning and one additional car in NoVa rush hour – every day.”

    Right. And it almost doesn’t matter where you put those residences: as long as the jobs are in NOVA those cars will be in NOVA every day. But that’s not all.

    “Denser settlement patterns – in regions that have high commuter patterns – generates MORE traffic -not less.”

    Exactly right. But notice that this is a much more specific statement than simply saying sprawl causes more traffic. It is a statement that says something about job locations.

    “This is why I feel, that impact fees, tolls and congestion pricing (all 3) are needed if we are going to improve and optimize the infrastructure.”

    Yes, but we might also just wind up with fees, tolls, and congestion pricing (otherwise known as taxes) and just spend it on more bad infrastructure and wind up with a situation that is neither optimized or improved.

    We do not yet have agreed upon
    ways to measure what constitutes “improved” even, let alone optimized. As a result, every new home is a political event, and when it comes to politics, money talks.

    ————————–

    Saturday, I made a morning trip to Tractor Supply. Within a mile of my entrance I passed thirty bicyclists, 12 Harleys, and 6 Porsches going the opposite direction, all out for a Saturday ride in the country. They didn’t come from around here, and I imagine those bikes rode on cars much of the way.

    I was struck by the variety of affinity groups, but I wasn’t surprised that so many people would travel so far, just to ride around.

    All I gotta do is figure out how to charge for the scenery.

  9. Groveton Avatar
    Groveton

    Just back from a week in Silicon Valley. Pretty interesting place. I’ve been going there 6 – 10 times a year for the last 12 years. They certainly have congestion problems but they are making progress.

    The businesses are mixed in with the residential communities. There are businesses and office buildings from San Mateo to San Jose.

    Why is it a fact that two new houses in Stafford will generate one new car on 95 and one more car in NOVA? Why aren’t the communities in Stafford trying to bring in businesses along with the residential development? Or are they?

    Also, if you raise the price of anything high enough people will stop buying. Even real estate. Look at what happened in Tokyo.

    Impact fees (aka taxes) are better than proffers (aka taxes) but not as good as usage fees (aka taxes). None of these is as good as distributing the businesses to be out with the residences (aka economic development).

Leave a Reply