November 2000

By James Lawlor

Colorado: Initiative update. This month, Colorado voters will decide on a controversial growth management initiative sponsored by Coloradans for Responsible Growth and supported by the Colorado APA chapter. Early in September, the chapters board of directors issued a five-page explanation of its decision to back the initiative, noting that, while far from perfect, it is a step in the right direction.

Critics of the initiative within the chapter had been concerned that a provision allowing citizens to ratify growth area maps adopted by localities would encourage NIMBYism. Others felt that the initiative did not go far enough in controlling 35-acre-lot subdivisions or in ensuring that growth areas have sufficient water supplies.

Massachusetts: Preservation law enacted. With a dramatic flourish worthy of a B movie, the state legislature rescued H. 4866, the Community Preservation Act, which offers state aid to preserve open space and historic assets, and to encourage affordable housing. Gov. Paul Cellucci had sent the bill back to the legislature at the close of the regular session in August, with an amendment that would change its funding structure. To supporters' surprise, the legislature voted unanimously to revive the measure.

The new funding mechanism assesses a $10 surcharge on real estate deed transfers and raises the fee on municipal liens. In all, the law is expected to generate about $26.4 million a year to help cities and towns with land acquisition. It also authorizes municipalities to impose additional property taxes to fund land purchases.

Earlier this year, Gov. Cellucci signed a bill, S. 961, that allows cities and towns to authorize planned unit developments and clustered developments as a matter of right, rather than through a special permit procedure.

Rhode Island: Impact fees allowed. Chapter treasurer and legislative tracker Derry Riding reports that the legislature in July enacted a law authorizing municipalities to impose impact fees to cover a broad range of public facilities. The new law represents two years of work by the chapter, the Rhode Island League of Cities and Towns, and the Rhode Island Builders Association. Some municipalities already allow impact fees, but the new law will make the process of collecting and using them uniform across the state. Municipalities have two years to bring existing impact fee ordinances into conformity with the new law.

Under the legislation, fees may be imposed for water supply and wastewater facilities, roads, stormwater management, parks, police and fire fighting facilities, public schools and libraries, and "other public facilities consistent with a community's capital improvement program." A community adopting an impact fee must carry out a needs assessment, segregate the money collected, and spend the funds within eight years unless extraordinary circumstances prevent it.

Washington: Building on the GMA. Legislative committee chair Mary Lynne Evans notes that changes in local planning practices mandated by the 1990 Growth Management Act have not been matched by reforms at the state level. At its annual meeting in early October, the chapter suggested 10 changes, including coordinating state agency plans with local and regional growth strategies, adopting state capital funding incentives to advance GMA goals, establishing a process for siting essential public facilities, and passing a bond issue to aid acquisition of open space.