State and Local Reporter - 03/19/2003 (Plain Text Version)

Debora Trimpe, Chair
Flower Mound, Texas

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In this issue:
West Virginia, Kentucky Legislatures Pass Opportunity to Repair Legislation
Traffic Concurrency Adjustment a Boon to Suburban Seattle Builders
Local California Association Raises Its Political Profile
Macaulay to Head NAHB’s State & Local Operations Department
Storm Water Compliance Catch-22
Washington Supreme Court Decision Bad for Developers
New Issue Briefing Paper Series Introduced
Issues Fund Dollars to Give Boost to Oregon, Washington and Arizona Projects
Vermont Association EO Receives Cabinet Appointment
Industry News
Discussion Forum for State and Local Issues

Industry News

California
Although state and federal court rulings have called the agency unconstitutional, the controversial California Coastal Commission has recently been returned to power by the state legislature.

The court conflict came about because two-thirds of the 12 commissioners, who regulate development along California's coastline, were appointed by the legislature to serve at the will of the legislature. As a result, both courts ruled that the commission violated the separation of powers doctrine.

Governor Gray Davis called a special session to remedy the situation. Lawmakers passed a bill to appoint the commissioners to fixed four-year terms instead of indefinite ones. The state's attorney general believes that the fixed terms will allay the court's concerns.

Source: Governing, March 2003

Florida
Volusia County, FL, is considering joining Orange County in adopting the Martinez Plan, a rule that says that rezoning to allow more residential development cannot be approved without adequate school classrooms.

While some call it a common sense strategy to balance growth and school space, others consider it tantamount to a no-growth proposal.

Growth advocates, including the Volusia Home Buiders Association in Daytona Beach, oppose the Martinez Plan, and say it would stall the economy.

Source: Orlando Sentinel, February 7, 2003

Georgia
The Georgia Supreme Court recently upheld Cherokee County's impact fee program when it denied an appeal by the Greater Atlanta Home Builders Association. Homebuilders fear that this decision will prompt other localities to adopt similar plans.

The unique impact fee program allows the county to spend money collected anywhere within the county. Builders say the fees should be spent near the developments contributing the fees.

Recent negotiations outside the courtroom between the Atlanta Association and the county have led the HBA to believe that a more responsible impact fee program will soon be adopted. In addition, county commissioners have hinted at their intentions to lower the impact fees to encourage commercial development.

Source: The Atlanta Journal Constitution, February 26, 2003

Massachusetts
The state's Community Preservation Act was enacted to achieve three goals: conserve open space, build affordable housing and preserve historic sites. But a new trend shows that cities are using funds from the program to achieve the first goal, while ignoring affordable housing needs.

In many cases, efforts to buy open space are occurring in communities with the lowest levels of affordable housing.

In some instances, funds raised from the Community Preservation Act are being used to purchase open space in a direct effort to block affordable housing construction. Such maneuvers have been done to stop the fast tracking of affordable housing projects that Chapter 40B allows when a town is under the 10% affordable housing benchmark.

The head of the state's Affordable Housing Alliance says that communities who are using Community Preservation Act funds to buy open space without doing anything about affordable housing put the whole program in jeopardy.

However, an official from the Community Preservation Coalition says that more housing projects than open space acquisitions will be started this spring.

Source: The Boston Globe, February 16, 2003

Rhode Island
Changes made last year to the longstanding Low and Affordable Housing Act will now allow for-profit developers access to zoning waivers for affordable housing projects. The law was established in 1991 to encourage affordable housing development.

Cumberland Mayor Daniel J. McKee said the changes were made without consideration to potential density and growth issues, and predicted that towns will face a multitude of applications for zoning waivers due to the new provisions.

William Landry, land use attorney for the Rhode Island Builders Association, said that the revised law will help meet the demand for affordable housing that the limited number of non-profit developers could not meet on their own.

Source: Providence Journal, February 12, 2003