Gentlemen may prefer blondes but localities prefer proffers. A proffer is an arrangement between a locality and a land developer whereby the developer offers something of value in order to get a rezoning request approved. Why do developers want land rezoned? For residential development they want to build more homes on the land than the land’s current zoning allows. Why would localities object to these rezoning requests? Theoretically, the locality’s strategic and financial plans are based on providing services at an overall population density dictated by the current zoning. Adding more density increases the locality’s costs for services like public schools. Localities are understandably worried about the unfunded mandates that up-zoning can cause. How do proffers help? Items of value (money, land, astroturf, etc) are given to the locality by the developer in order to fully or partly cover the additional costs to the locality of development at higher density than was planned. These proffers reduce the developer’s profit margin on the project at hand so they are not popular with the development community. Continue reading
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