Providing data driven proffer analysis
Impact Analysis, LLC, specializes in providing developers and local governments with a rigorous analysis of the land use impacts of specific real estate developments on capital facilities located in that jurisdiction. As a matter of policy, local governments seek to obtain monetary contributions from developers to help pay for the capital costs that will be generated by the development. These contributions may take the form of voluntary proffers, specific conditions imposed by the government or impact fees.
While the courts and various legislative bodies have recognized the need for and legality of the contributions, a tension has developed between local governments seeking contributions and the development community. As a result, recently, the courts and state governments have imposed limits on what contributions can be offered and accepted. Examples of this include the United States Supreme Court Koontz case and its progeny in Virginia, Section 15.2-2303.4 of the code of Virginia. These limits require that the contributions must relate to the specific impacts of a particular development and must not be greater than is necessary to mitigate those impacts. Consequently, for contributions to be valid, they must be based upon verifiable data and predictive analytics.
Impact Analysis, LLC, gathers the necessary data and uses predictive analysis to determine the impacts of each development upon the infrastructure of a locality described in the new proffer legislation. For each Impact Analysis engagement, the data that is gathered and the predictive analysis that is conducted takes into consideration the legal and policy constraints and requirements applicable to the project. The result is a detailed and substantiated Land Use Impact Analysis Report that permits developers to scientifically present the impacts of their development and the level of mitigation that is appropriate and defensible to the jurisdiction where the project is located.
777 Nameless Ave.
New York, NY 00000
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