Albemarle’s Persistently Procrastinating Proffer Policy Process

By. Neil Williamson, President

peanuts-lucy-charlie-brown-football-2One item on tomorrow’s (10/5) Albemarle County Board of Supervisors agenda caught my eye,  Residential Development Impact Work Group Charter. This group is being charged with a very specific task regarding the calculation of cash proffers in light of the new (7/1/16) state code.

The Residential Development Impact Work Group is formed by the Albemarle County Board of Supervisors to understand recent State Code amendments regarding proffers and to develop and analyze alternative means for determining and addressing the fiscal impact of residential development allowed either by-right or subsequent to a rezoning.

The Work Group will also provide a recommendation on how to proceed with addressing fiscal impacts of residential development.

Wait a minute, didn’t we just go through a laborious 18 month process similar to this with the Fiscal Impact Advisory Committee?

That group provided a report to the Planning Commission who chose to pass it up to the Board of Supervisors who decided not discuss it because their process had taken so long that the state code was changing again.  This collective inaction led to this year’s Groundhog Day post.

It would be funny if it wasn’t so darn typical.  While Albemarle continues to ponder and process “an understanding of recent State Code amendments”, other localities have read the state code as a directive and taken action.  Such action may boost economic activity.

Markus Schmidt of The Richmond Times Dispatch reports on last week’s action in Chesterfield County:

In a move expected to boost revitalization in several areas of the county, the Chesterfield County Board of Supervisors on Wednesday unanimously approved a policy that lowers a fee developers pay when building homes.

These so-called cash proffers are per-home fees imposed by the county to offset public infrastructure demands that additional families create when developments are built.

The new policy cuts the proffer amount, a maximum of $18,966 per dwelling unit — the highest in the region — roughly in half to a $9,400 maximum.

The board’s decision marks the first time the amount has been lowered since the county adopted its cash proffer policy in 1989.

Board Chairman Steve A. Elswick of the Matoaca District said the policy change will not affect the county’s tax rate.

“There will be no tax rate increase, and this policy will not allow for bad zoning to move forward,” he said.

Why is it that in Albemarle, a county often recognized for its expansive, veteran Community Development staff, state law can’t be followed?

This is far from the first time the Free Enterprise Forum has raised this issue.

Albemarle PC Chooses to Ignore State Law, Again

WarGames and Albemarle’s Proffer Paradox

Albemarle Planning Commission Tells Supervisors To Violate State Law

Albemarle’s Persistent Proffer Procrastination

Albemarle’s Mad Hatter Paradoxical Proffer Policy

lucyandcharliebrownandthefootballConsidering Albemarle’s well staffed legal department, I guess it is a given that they continue to find “legal” ways to ignore state code.  Absent a willing “aggrieved party” to test their tenuous position in court, I anticipate they will continue to hold meetings staff task forces and do nothing to encourage development in the development areas.

Why did I expect anything different?

Respectfully submitted,

Neil Williamson

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Neil Williamson is the President of The Free Enterprise Forum, a public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa  and Nelson County.  For more information visit the website www.freeenterpriseforum.org

Photo Credits: Charles Schultz

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