Albemarle’s Prophylactic Proffer Policy

By. Neil Williamson, President

Adapted from Comments to the Albemarle Board of Supervisors March 7, 2018

Good afternoon, my name is Neil Williamson with the Free Enterprise Forum, a privately funded Public Policy organization focused on local government in Central Virginia.

This afternoon you will receive a detailed report from your Residential Development Impact Work Group regarding the Proffer reform legislation that became effective in July of 2016. The bulk of their recommendation is to pursue enabling legislation for impact fees at the General Assembly.

For the last thirty six months or so, Albemarle (and many other localities across the Commonwealth) have had a Prophylactic Proffer Policy that prevented the types of rezonings envisioned in your Comprehensive Plan from moving forward.

In a related development, all of this year’s proffer legislation in the General Assembly has been set aside for this session with the promise of a “Proffer Party” this summer to discuss solutions with all stakeholders.

The Free Enterprise Forum has been concerned about proffers (also known as a ‘Welcome Stranger’ tax) for a very long time. I have provided each of you a copy of our 2013 Contradictory Consequences report. It is interesting that the three case studies internal to the report are now entering the market.

As you contemplate your advocacy for residential impact fees that will drive up the cost of housing, we have a few questions:

  • How would you grade Albemarle’s efforts to fund the infrastructure promised in your own Comprehensive Plan?
  • Considering the unintended consequences of getting the very type of development you don’t want, are proffers or impact fees worth it?
  • With the community growing at a predictable (and sustainable) rate of about 2% annually, how has Albemarle’s infrastructure spending properly prepared for this growth?

It is clear the siren’s song of cash proffers and impact fees is very strong for elected officials. The idea of generating revenue from new home buyers (who are not yet voters) to “pay their way” is too good to be true.

The negative impacts of cash proffers and impact fees as documented in our report include tearing up the community vision as expressed in the Comprehensive Plan. Cash Proffers and Impact Fees produce a plethora of contradictory consequences without achieving significant community benefit.

Thank you for the opportunity to speak.

Respectfully Submitted,

Neil Williamson, President

Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and  Nelson County.

Photo Credit: Charlottesville Tomorrow

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