A California county requires all new developments in a certain area to pay an impact fee to fund new school construction. A developer challenges this fee. Under California's Mitigation Fee Act, what must the county demonstrate to justify the fee?
Correct Answer
D) That there is a reasonable relationship (nexus) between the development and the need for the public facility
Under the California Mitigation Fee Act (Government Code §66000-66025, also known as the 'Nollan/Dolan nexus requirements' codified in state law), a local government must demonstrate: (1) a reasonable relationship (nexus) between the development and the need for the public facility, (2) a reasonable relationship between the fee amount and the cost of the facility attributable to the development, and (3) a reasonable relationship between the development and the type of facility funded.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
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