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Multiple Choice

Must ordinances imposing conditions on development permits meet the specified constitutional criteria including nexus, rough proportionality, and related provisions?

When a jurisdiction conditions a development permit, those conditions must pass federal constitutional tests for exactions. There must be an essential nexus between the project’s impact and the condition, and the burden imposed on the developer must be roughly proportional to that impact. In addition, the condition must be related to the public facility or improvement needed to serve the project (not a general revenue measure). Taken together, all of these criteria need to be satisfied for the condition to be valid. A fee in lieu cannot cure a lack of nexus or proportionality; it must itself meet those tests. So, yes, all four criteria must be met.

When a jurisdiction conditions a development permit, those conditions must pass federal constitutional tests for exactions. There must be an essential nexus between the project’s impact and the condition, and the burden imposed on the developer must be roughly proportional to that impact. In addition, the condition must be related to the public facility or improvement needed to serve the project (not a general revenue measure). Taken together, all of these criteria need to be satisfied for the condition to be valid. A fee in lieu cannot cure a lack of nexus or proportionality; it must itself meet those tests. So, yes, all four criteria must be met.