Development of Left-Turn Lane Warrants for Unsignalized Intersections (2013) / Chapter Skim
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131 CHAPTER 6 COMPARISON OF PROCEDURES OVERVIEW OF IDENTIFIED PROCEDURES Several states include warrants for the installation of left-turn lanes. These warrants are primarily based on: • Left-turn volume (or percent of left turns)
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132 Table 76. Characteristics of procedures evaluated.
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133 Table 77. Characteristics of other procedures identified during the course of this study.
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134 Harmelink's warrants were developed based on allowable maximum probability of 0.020, 0.015, and 0.010 for operating speeds of 40, 50, and 60 mph, respectively, on two-lane highways. These values are subjective in nature and do not directly indicate stops, delay, speed change, or levelof-service degradation in any quantitative manner.
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135 Table 79. Values for time to clear.
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136 by passenger cars for inclusion in the unsignalized intersection analysis procedures of the Highway Capacity Manual (90)
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137 Figure 38. Example of change in Green Book (GB)
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138 • Use the results based on B/C = 2.0 for rural two-lane highways to warrant a left-turn lane (see Table 81 and Figure 40)
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139 Table 81. Suggested left-turn treatment warrants based on results from benefit-cost evaluations for rural two-lane highways.
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140 Table 82. Suggested left-turn lane warrants based on results from benefit-cost evaluations for rural four-lane highways.
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141 of a deceleration lane; this threshold largely agrees with that of Georgia for a right-hand bypass lane. For combinations of very low opposing volumes and turning volumes, these two states have more permissive guidelines than those developed in this research; for other conditions, this research provides the lowest installation thresholds.
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142 Figure 43. Comparison of suggested bypass lane warrants for rural two-lane highways.
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143 LEFT-TURN LANE STORAGE The left-turn lane should be sufficiently long to store the number of vehicles likely to accumulate during a critical period; the definition of that critical period can vary depending on the traffic conditions at the site. Regardless of the specific critical period, the storage length should be sufficient to avoid the possibility of the left-turning queue spilling over into the through lane.
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144 Table 84. Equations used to determine storage length.
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145 Table 85. Recommended storage lengths from Access Management Manual equation and NCHRP Report 457 equations with revised critical gap.
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146 Source: Harmelink, M., "Volume Warrants for Left-Turn Storage Lanes at Unsignalized Grade Intersections," in Highway Research Record 211, Figure 1, p.
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147 Source: TRB Committee on Access Management, Access Management Manual, Figure 10-7, p.
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148 NCHRP Report 457 (12) developed suggested storage length values using the equations shown in Table 84.
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149 Source: Bonneson, J., and M Fontaine, Engineering Study Guide for Evaluating Intersection Improvements, NCHRP Report 457, Figure 2-7, p.
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151 CHAPTER 7 SUMMARY AND CONCLUSIONS SUMMARY Left-turn movements at intersections, including driveways -- especially movements that are made from lanes that are shared with through traffic -- cause delays and adversely impact safety. The left-turn problem has been given relatively little attention at unsignalized intersections.
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152 Legal Review The legal review addressed the following question: When a government seeks to fulfill a broad public objective such as safety and, in this project, left-turn accommodation, who should bear the costs -- the developer who would be adding traffic to the roadway network or the general public? Unless the facts of the case are clear cut, the outcome is unpredictable even within specific jurisdictions.
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153 participants indicated that their policies are consistent with these decisions and already reflected rough proportionality, rational nexus, etc. Comparison of Existing Procedures The use of the Harmelink criteria requires approaching volume, opposing volume, left-turn percentage, and speed of the roadway.
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154 The most influential variables on the amount of time used to clear the intersection are crossing width and posted speed limit. As an example, a change from a crossing width of 11 ft to 27 ft resulted in an additional 2.24 sec in total turning time.
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155 left-turn lane, crash costs, crash reduction savings determined from safety performance functions and accident modification factors available in the Highway Safety Manual, and construction costs. The comparison identifies the benefits when the left turns at an existing driveway or intersection are provided a left-turn lane.
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156 then the typical crash costs by number of legs and rural or urban area were determined. The HSM values represent costs per crash, while the value of a statistical life represents cost per person and had to be converted to cost per crash.
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157 lane highways. These values were similar to the warrants that resulted when the lower crash costs based on older Highway Safety Manual values were used.
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158 left-turn accommodation, who should bear the costs -- the developer who would be adding traffic to the roadway network or the general public? Unless the facts of the case are clear cut, the outcome is unpredictable even within specific jurisdictions.
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A-1 APPENDIX A REVISED TEXT ON LEFT-TURN LANE WARRANTS FOR THE AASHTO GREEN BOOK This appendix presents revised text on left-turn lane warrants for consideration by AASHTO for inclusion in the AASHTO A Policy on Geometric Design of Highways and Streets. Material suggested for removal is shown with a strikethrough line.
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A-2 large fraction of the signal time is available for the green phase on the arterial. Where two arterial streets intersect, there may be advantage in requiring left-turning vehicles to bypass the main intersection.
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A-3 89 Grade separations or other special treatments for left-turn movements are sometimes appropriate, as discussed in Chapter 10. In summary, left-turn demands should be accommodated as near as practical to the point of which the motorist desires to turn left.
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A-4 at Unsignalized Intersections, FHWA Signalized Intersections: Informational Guide, FHWA-HRT-04-091)
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A-5 Table A-2. Suggested left-turn treatment warrants based on results from benefit-cost evaluations for rural two-lane highways.
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A-6 Table A-3. Suggested left-turn lane warrants based on results from benefit-cost evaluations for rural four-lane highways.
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A-7 Exhibit 9-75 is a guide to traffic volumes where left-turn facilities should be considered on twolane highways. For the volumes shown, left turns and right turns from the minor street can be equal to, but not greater than, the left turns from the major street.
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A-8 For the general benefit of through-traffic movements, the number of crossroads, intersecting roads, or intersecting streets should be minimized. Where intersections are closely spaced on a two-way facility, it is seldom practical to provide signals for completely coordinated traffic movements at reasonable speeds in opposing directions on that facility.
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B-1 APPENDIX B REVISED TEXT ON LEFT-TURN LANE WARRANTS FOR THE TRB ACCESS MANAGEMENT MANUAL Following are sections from the TRB Access Management Manual. Material suggested for removal is shown with a strikethrough line.
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B-2 • Where left-turn volumes exceed 300 veh/hr, a double left-turn lane should be considered. Table B-1.
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B-3 Table B-2. Suggested left-turn treatment warrants based on results from benefit-cost evaluations for rural two-lane highways.
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B-4 Table B-3. Suggested left-turn lane warrants based on results from benefit-cost evaluations for rural four-lane highways.
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B-5 Table 10-2 Desirable Maneuver Distances (d2 in Figure 10-5) Speed Distancea mph km/h ft m 20 30 40 50 60 70 30 50 65 80 95 110 70 160 275 425 605 820 20 45 85 130 185 245 Note: 1.
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B-6 Figure 10-7 presents an easy to use nomograph for estimating minimum left-turn storage. The same procedure can be used for left turns at unsignalized intersections by assuming a time interval (in lieu of cycle length)
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B-8 The following equation is another easy method for estimating left-turn queue storage length: (1) Where L = design length for left-turn storage (ft)
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B-9 Table B-4. Recommended Storage Lengths for Arterials from Access Management Manual Equation and NCHRP Report 457 Equations with Revised Critical Gap.
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B-10 Table B-5. Equations Used to Determine Storage Length.
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B-11 Table 10-4 Comparison of Queue Storage Method Volume (veh/hr) Cycle Length (s)
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B-12 When applying the storage length from Figure 10-8 and Table 10-5, as well as adaptations of the Harmelink nomographs, keep in mind the following. Recent research (12)
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B-13 Table 10-5 Minimum Left-Turn Queue Storage Lengths (ft) on Two-Lane Roadways Opposing Volume (veh/hr)
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B-14 2. Obtain the minimum turn bay length by selecting the longer of the peak or off-peak length, including taper.
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B-16 • Bay length. The redirection taper length (L1)
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B-17 • Colorado redirection taper ratios (L1)
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B-18 Gluck, J., H.S. Levinson, and V
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B-19 Examples • NCHRP Project 03-91 produced guidance to identify whether a left-turn shoulder bypass should be provided at an unsignalized location on rural two-lane and four-lane roadways. See Chapter 10 for more information and the warrants (reference NCHRP Project 03-91)
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B-20 ACCESS MANAGEMENT MANUAL, APPENDIX A, ACCESS MANAGEMENT TECHNIQUES, TURN BAYS AND TURN LANES (PAGES 303 TO 304) Left-Turn Bay at Median Opening Description The left-turn bay at a median opening provides for left-turn deceleration and storage at a signalized or an unsignalized median opening (Figure A-16)
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B-21 • Capacity can be increased by 25% or more (1, Chapter 2; 2; 5)
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B-22 Oppenlander, J.C., and J.E. Oppenlander.
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C-1 APPENDIX C STATE WARRANTS/GUIDELINES FOR LEFT-TURN LANES State Material on Left-Turn Guidelines or Warrants Alabama Currently offline Alaska http://www.dot.state.ak.us /stwddes/dcsprecon/assets /pdf/preconhwy/ch11/cha pter11.pdf Alaska Highway Preconstruction Manual January 2005 1190. Driveway Standards 1190.5 Control Dimensions 11.
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C-2 State Material on Left-Turn Guidelines or Warrants Arkansas Not available online California http://www.dot.ca.gov/hq/ oppd/hdm/pdf/english/chp 0400.pdf Highway Design Manual Chapter 400: Intersections at Grade July 2009 405.2 Left-turn Channelization (1) General.
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C-3 State Material on Left-Turn Guidelines or Warrants Delaware http://www.deldot.gov/inf ormation/pubs_forms/man uals/road_design/pdf/07_i ntersections.pdf DelDOT Road Design Manual Chapter 7 -- Intersections November 2006 For unsignalized intersections, left-turn lanes should be provided: • At all median openings on high-speed divided highways. • On approaches where sight distance is limited.
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C-4 State Material on Left-Turn Guidelines or Warrants Georgia http://www.dot.ga.gov/doi ngbusiness/PoliciesManua ls/roads/Documents/Desig nPolicies/DrivewayFull.p df Regulations for Driveway and Encroachment Control March 2004 4I-1-2 Minimum Requirements for Left Turn Lanes Left turn lanes must be constructed at no cost to the Department if the daily site generated Left Turn Volumes (LTV) based on ITE Trip Generation (assuming a reasonable distribution of entry volumes)
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C-5 State Material on Left-Turn Guidelines or Warrants Illinois http://dot.state.il.us/desen v/BDE%20Manual/BDE/ pdf/chap36.pdf Bureau of Design and Environment Manual Chapter 36 -- Intersections December 2002 36-3.01(b) Left-Turn Lanes The accommodation of left turns is often the critical factor in proper intersection design.
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C-6 State Material on Left-Turn Guidelines or Warrants Indiana http://www.state.in.us/dot /div/contracts/standards/d m/english/Part5Vol1/ECh 46/ch46.htm Indiana Design Manual, Road Design, Intersections At-Grade December 3, 2008 Document Revised January 2010. Updated URL: http://www.in.gov/do t/div/contracts/standa rds/dm/Part5/Ch46/ch 46.htm The Indiana Design Manual provides information on warrants for left-turn lanes (Section 46-4.01(02)
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C-7 State Material on Left-Turn Guidelines or Warrants Iowa ftp://165.206.203.34/desig n/dmanual/00_START HERE_TOC.pdf updated URL: http://www.iowadot.gov/d esign/dmanual/manual.ht ml Design Manual, Section 6C-5 November 25, 2008 Left Turn Lanes Left turn lanes provide storage in the median for left-turning vehicles, or when warranted, deceleration outside of the through traffic lanes for left-turning vehicles. All Type "A" and high volume Type "B" entrances should have left turn lanes provided, see Section 3E-2 of this manual.
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C-8 State Material on Left-Turn Guidelines or Warrants Louisiana http://www.dotd.louisiana .gov/highways/project_de vel/design/road_design/ro ad_design_manual/Road_ Design_Manual_(Full_Te xt) .pdf Roadway Design Procedures and Details July 2002 Document updated January 2009.
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C-9 State Material on Left-Turn Guidelines or Warrants Minnesota http://www.dot.state.mn.u s/design/rdm/english/5e.p df Road Design Manual Chapter 5: At-Grade Intersections June 2000 5-3.01.01 Turn Lane Policy at Urban Intersections Because of the operational and safety benefits associated with right and left-turn lanes, it is Mn/DOT's policy that, in urban areas, they be considered wherever construction is economically feasible taking into account amount of right of way needed, type of terrain, and environmentally or culturally sensitive areas. For new construction/reconstruction projects on divided highways, left-turn and rightturn lanes should be considered at all locations where a paved crossover will be constructed.
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C-10 State Material on Left-Turn Guidelines or Warrants Minnesota http://www.oim.dot.state. mn.us/access/index.html Access Management, Chapter 3 Updated URL: http://www.dot.state.mn.u s/accessmanagement/pdfc hapters/chapter3.pdf Turn lanes are to be provided at public street connections and driveways in accordance with the Mn/DOT Road Design Manual, Section 5-3, and the guidance provided in the Access Management Manual.
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C-11 State Material on Left-Turn Guidelines or Warrants Missouri http://epg.modot.mo.gov/i ndex.php? title=940.9_Au xiliary_Acceleration_and _Turning_Lanes Engineering Policy Guide August 2007 Dedicated left- and right-turn lanes are to be provided in situations where traffic volumes and speeds are relatively high and conflicts are likely to develop at public road intersections and driveways between through and turning traffic.
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C-12 State Material on Left-Turn Guidelines or Warrants Nebraska http://www.dor.state.ne.us /roadwaydesign/pdfs/rwydesignma n.pdf Roadway Design Manual July 2006 Left turn treatments may be necessary on two-lane highways where traffic volumes are high and safety considerations are sufficient to warrant them. Left turn lanes should be provided on divided arterials at intersections and at other median breaks where left turn volumes and/or vehicle speeds are high.
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C-13 State Material on Left-Turn Guidelines or Warrants Nevada http://www.nevadadot.co m/business/forms/pdfs/Tr afEng_AccesMgtSysStan dards.pdf Access Management System and Standards July 1999 4.8 Left Turn Lane Requirements, Two Lane Unsignalized Roads Table 4.8 [table is a reproduction of the Green Book values for 40, 50 and 60 mph -- Nevada's table also includes data for 70 mph] lists the projected 20 year design-hour volumes and the operating speeds of traffic which necessitate the installation of left turn lanes.
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C-14 State Material on Left-Turn Guidelines or Warrants New Hampshire http://www.nh.gov/dot/bu reaus/highwaydesign/nhhi ghwaydesignmanuals.htm Highway Design Manual Updated URL: http://www.nh.gov/dot/or g/projectdevelopment/hig hwaydesign/designmanual /index.htm Did not find discussion on left-turn lane warrants/guidelines New Jersey http://www.state.nj.us/tra nsportation/eng/document s/RDME/sect6E2001.sht m Roadway Design Manual, Section 6: At-Grade Intersections December 27, 2002 Updated URL: http://www.state.nj.us/tra nsportation/eng/document s/RDM/sec6.shtm Roadway Design Manual, Section 6: At-Grade Intersections March 2009 6.06 Median Left-Turn Lane 6.06.1 General A median lane is provided at an intersection as a deceleration and storage lane for vehicles turning left to leave the highway. Median lanes may be operated with traffic signal control, with stop signs, or without either, as traffic conditions warrant.
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C-15 State Material on Left-Turn Guidelines or Warrants New Mexico http://nmshtd.state.nm.us/ main.asp? secid=11703 State Access Management Manual September 2001 Table 17.B-1.
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C-16 State Material on Left-Turn Guidelines or Warrants New Mexico (continued) Table 17.B-3 Criteria for Left-turn Deceleration Lanes on RURAL TWO-LANE HIGHWAYS LeftTurn Volume1 (veh/hr)
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C-17 State Material on Left-Turn Guidelines or Warrants New York https://www.nysdot.gov/d ivisions/engineering/desig n/dqab/hdm/hdmrepository/chapt_05.pdf Highway Design Manual, Chapter 5 -- Basic Design August 23, 2006 The decision to construct left-turn lanes should consider: • The volume of left-turning traffic and the volume of opposing traffic. In some cases, capacity analysis may clearly indicate a need for left-turn lanes.
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C-18 State Material on Left-Turn Guidelines or Warrants Ohio http://www.dot.state.oh.us /Divisions/ProdMgt/Road way/roadwaystandards/Lo cation%20and%20Design %20Manual/400_jul06.pd f Location and Design Manual Section 400 Intersection Design July 2006 Updated URL: Location and Design Manual, Volume 1 Roadway Design (October 2010) http://www.dot.state.oh.us /Divisions/ProdMgt/Road way/roadwaystandards/Pa ges/locationanddesignman uals.aspx 401.6 Approach Lanes 401.6.1 Left Turn Lanes Probably the single item having the most influence on intersection operation is the treatment of left turn vehicles.
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C-19 State Material on Left-Turn Guidelines or Warrants Oregon (continued) Appendix F -- Left and Right Turn Lane Siting Criteria, Left Turn Lane Criteria Purpose A left turn lane improves safety and increases the capacity of the roadway by reducing the speed differential between the through and the left turn vehicles.
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C-20 State Material on Left-Turn Guidelines or Warrants Oregon (continued) II Criterion II: Crash experience The crash experience criterion is satisfied when: 1.
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C-21 State Material on Left-Turn Guidelines or Warrants Oregon (continued) Volume Criterion Example Figure B-7 shows an unsignalized intersection with a shared through-right lane and a shared through-left lane on the Highway.
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C-22 State Material on Left-Turn Guidelines or Warrants Pennsylvania ftp://ftp.dot.state.pa.us/pu blic/Bureaus/design/Pub1 3M/Chapters/Chap03.pdf ftp://ftp.dot.state.pa.us/pu blic/Bureaus/design/Pub1 3M/Chapters/Chap01.pdf Design Manual, Part 2 Highway Design, Chapter 3 Intersections, Chapter 1 General Design June 2007 H Direct and Indirect Left Turns and U-Turns.
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C-23 State Material on Left-Turn Guidelines or Warrants South Dakota http://www.sddot.com/pe/ roaddesign/docs/rdmanual /rdmch12.pdf Road Design Manual, Chapter 12: Intersections 2007 Left Turn Lane Criteria -- Unsignalized Intersections Left turn lanes should be provided where through and turning volumes create an operational or a potential accident problem. Left Turn Lane Evaluation Process • A left turn lane should be installed if Criteria 1 (Volume)
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C-24 State Material on Left-Turn Guidelines or Warrants Utah http://www.udot.utah.gov/ main/f? p=100:pg:414701 0608516685::::V,T:,1498 Roadway Design Manual of Instruction May 2007 Highway Capacity Provide a level of service C or higher for a 20-year design in a rural area and a level of service D or higher for a 20-year design in an urban area.
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C-25 State Material on Left-Turn Guidelines or Warrants Washington http://www.wsdot.wa.gov /Publications/Manuals/M2 2-01.htm Design Manual January 2006 (2) Left-Turn Lanes and Turn Radii Left-turn lanes provide storage, separate from the through lanes, for left-turning vehicles waiting for a signal to change or for a gap in opposing traffic.
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D-1 APPENDIX D INTERVIEW QUESTIONS PLANNING 1. Do you provide left-turn treatments at unsignalized intersections?
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D-2 15. What is the cost of a typical left-turn lane installation for a retrofit?
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E-1 APPENDIX E INTERVIEWS To help investigate the implementation of left-turn accommodations at unsignalized intersections, interviews were conducted of representatives from the following agencies/organizations: • State DOTs, • County governments, • City governments, and • Consultants. The 25 questions in the interview were structured into the following four topics: • Planning, • Design, • Legal/policy/finance, and • Potential future applications.
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E-2 may be striped, but this does not appear to be universal. One state DOT noted that roundabouts are another treatment considered for dealing with left-turn movements.
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E-3 Criteria Of the nine state DOTs represented in the interviews, three specified they use criteria based on the guidelines developed by Harmelink to determine whether a left-turn lane should be provided at an unsignalized location. A majority of the state DOTs referred to their own guidelines as the criteria used in the decision-making process.
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E-4 • Respondent's DOT does not use bypass lanes. The DOT occasionally builds TWLTLs for low-speed conditions.
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E-5 related to new developments, highway improvements, and safety improvements, whereas the other unit noted the installations appeared to be related to new developments. In response to the question regarding what methods and/or measures, if any, are used to evaluate the effectiveness of unsignalized left-turn lanes or other accommodations, the state DOTs noted that before and after studies or other evaluations are not generally performed.
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E-6 The following are the responses to the question regarding whether the process used for determining where left-turn treatments should be installed at unsignalized locations varies for a new development, reconstruction project, and/or spot improvement: • Generally no. The same guidelines are used, and the same methodology is applied.
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E-7 • No. However, if a proposed access or street is in a built-up area where roadway expansion is not practical or consistent with the corridor plan, then turn lanes may not be required.
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E-8 The following are the responses to the question regarding the process used for determining where left-turn treatments should be installed at unsignalized locations, who is involved, and what affects the decision: • A lot of the decisions are based on traffic studies for new developments. • The traffic engineering staff is involved and make a decision based on left-turn volume, crashes, delay, and funding availability.
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E-9 The following are the responses to the question regarding whether the criteria for left-turn treatments vary if the site is in an urban or rural area, by speed limit, and/or whether it is located on a divided or undivided road: • Each situation is considered individually.
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E-10 Consultant Practices A consultant must follow the process and apply the criteria used by the jurisdiction for which (i.e., highway improvement) or in which (i.e., new development)
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E-11 • Yes, but it depends on truck volumes. The DOT may accept a 10-ft left-turn lane on lowspeed roadways.
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E-12 Two of the interview participants provided an estimated cost of constructing left-turn treatments. The first indicated that his rule of thumb is between $75,000 and $100,000 for a left-turn lane at a T-intersection, $175,000 for two approaches at a four-leg intersection, and $300,000 for all four approaches.
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E-13 Consultant Practices The two consultant interview participants replied to this question regarding the guidelines they use for determining the appropriate values for design elements of a left-turn lane (e.g., queue length, storage length, taper length, lane width, offset, sight distance, etc.)
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E-14 responsible for paying for the installation of a left-turn treatment. Almost all of the state DOTs indicated that the developer would be expected to have some level of participation.
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E-15 County Practices Who Pays for Left-Turn Treatment The interview participants from all five of the counties included in the interviews indicated the developer of a new development would be responsible for paying for the installation of a leftturn treatment at a site driveway. For an off-site improvement, such as an intersection that is projected to be impacted by a new development (but not a site driveway)
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E-16 Both of the interview participants who expressed an awareness of the Supreme Court decisions indicated they were aware of no ramifications of these court cases to county decisions related to left-turn accommodations. City Practices Who Pays for Left-Turn Treatment The interview participants from all four of the cities included in the interviews indicated the developer of a new development would be responsible for paying for the installation of a leftturn treatment at a site driveway.
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E-17 Consultant Practices Who Pays for Left-Turn Treatment The two interview participants from consulting firms indicated the developer of a new development would be responsible for paying for the installation of a left-turn treatment at a site driveway. For an off-site improvement, such as an intersection that is projected to be impacted by a new development (but not a site driveway)
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E-18 • The application of a left-turn lane is preferred to the usage of a bypass lane. • Decisions should be made based on the corridor and not only on the specific location under study.
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E-19 The city representatives indicated they were not considering changes to their policies related to left-turn accommodations at unsignalized intersections. They also replied that they were not aware of policy/regulatory changes needed at other levels of government.
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F-1 APPENDIX F LEGAL REVIEW THE IMPACT OF ESSENTIAL NEXUS AND ROUGH PROPORTIONALITY ON DEVELOPMENT CONDITIONS: A LEGAL REVIEW -- "ONE THING IS CLEAR: THERE IS STILL A FUNDAMENTAL LACK OF CLARITY" This chapter addresses the following question: When a government seeks to fulfill a broad public objective such as safety and, in this project, left-turn accommodation, who should bear the costs -- the developer who would be adding traffic to the roadway network or the general public? One of the critical issues that needs to be addressed in order to respond to this question is determining the application of the U.S.
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F-2 compensation.4 However, there has been a dramatic expansion of the definition of taking as related to the Fifth Amendment. The original focus was on per se takings.
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F-3 Nollan v. California Coastal Commission In the first case, the Nollans owned a beachfront lot that was located between two public areas, a beach and a park.
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F-4 to the state treasury."23 Thus, there would be no taking as long as the development condition furthered the same purpose as the development ban: the exaction -- the easement -- did not advance the same purpose as the development prohibition -- psychological blocking of the view and, in turn, the perception of blocking access to the beach -- because the exaction's purpose lacked an "essential nexus" -- that is, an essential connection -- to the harm the building would cause.24 Important to this holding is the underlying principle for the essential nexus test, that of the unconstitutional conditions doctrine, implicitly invoked in Nollan,25 which states that the government cannot condition receipt of a benefit on the applicant's foregoing a constitutional right. Therefore, even if the government is not constitutionally required to grant a particular privilege or benefit, once it offers that benefit, it may not condition the offer upon the recipient's surrender or waiver of a constitutional right.26 Nollan left unanswered questions about the degree of relationship the government must prove for an exaction to be judicially sustained.
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F-5 of the permit conditions fell within the legitimate state interest, that of protecting against flooding and preventing congestion, both interests of which would have been served had the development permit application been denied.31 Then, the Court added a second prong to the analysis. A determination must be made of whether there is a "rough proportionality" between the legitimate interest the government asserts and the actual impact on the landowner's proposed property use, that is, rough proportionality between the costs or harm the development would impose and the cost imposed by the exaction on the developer.32 Citing the "reasonable relationship" test adopted by a majority of state courts, the Court held that although it did not adopt the phrase itself because it can too easily be confused with the term "rational basis" used to describe the minimal level of scrutiny under the Equal Protection Clause of the 14th Amendment, "a term such as ‘rough proportionality' best encapsulates what we hold to be the requirement of the Fifth Amendment.
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F-6 exaction. One type of monetary exaction is the impact fee, a one-time financial assessment imposed as a condition of development37 that offsets the municipality's capital expenditures used to construct public off-site infrastructure directly connected with or required because of the new development, for example.
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F-7 consideration and adoption of development agreements, and spell out the legal effects of such agreements with regard to subsequent land use regulations."45 California was the first state to promulgate development agreement legislation. 46 At least a dozen other states have put statutes on their books to authorize local governments to enter into development agreements.47 According to one commentator, as it now stands, the majority of jurisdictions "do not subject development agreement cases to regulatory takings analysis….
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F-8 condition and the public impact of the proposed development by demonstrating the connection between the rezoning necessary to construct the condominium complex and the imposition of the fee that would be expended in support of recreational purposes, as a means of mitigating that loss: In our view, the intermediate standard of judicial scrutiny formulated by the high court in Nollan and Dolan is intended to address just such indicators [leveraging] in land use "bargains" between property owners and regulatory bodies -- those in which the local government conditions permit approval for a given use on the owner's surrender of benefits which purportedly offset the impact of the proposed development.
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F-9 more even-handed in nature."57 The commentator looked at two cases in the same Oregon Court of Appeals, Rogers Machinery, Inc.
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F-10 a particular case requires a significant exercise of discretion. It effectively requires an adjudication in each case.62 Thus, the court focused on whether there was potentially a significant amount of discretion even if the ordinance was legislative.
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F-11 In Benchmark Land Co.
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F-12 decision by the city. Although agreeing that the question has not been settled by the U.S.
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F-13 constitutional difference…. The lower courts should not have to struggle to make sense of this tension in our case law.
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F-14 should, at the very least, have these fees buttressed by clear legislative language. Who should pay?
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Key Terms
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