D.C. Mun. Regs. tit. 10, r. 10-A1317

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 10-A1317 - IN-6.1 COORDINATING AND FUNDING INFRASTRUCTURE IMPROVEMENTS
1317.1

One of the basic purposes of the Comprehensive Plan is to improve the linkage between development and capital improvement decisions. However, as this Element highlights, many of the infrastructure improvements required to serve development are funded by entities other than the District of Columbia. Interagency coordination is necessary to ensure that capacity remains adequate. Coordination with the private sector is also important. The general trend in cities and counties across the country has been for the development community to bear a greater share of the cost of infrastructure expansion, rather than leaving this burden to local taxpayers and ratepayers (see text box). This is already common practice in the District and will continue to be so in the future, given the District's already high tax rates and fiscal imbalance. 1317.1

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Policy IN-6.1.1: Coordination of Infrastructure Improvements

Ensure that infrastructure upgrades are carefully scheduled and coordinated with development and redevelopment plans in order to minimize traffic rerouting, pavement cuts for laying cable or placement of other infrastructure within the street right-of-way, street closings, disruptive subsurface excavation, and utility shut-offs. 1317.2

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Paying for Infrastructure

In general, local governments and/or independent agencies or authorities (e.g., WASA , PEPCO) are responsible for the maintenance and upkeep of infrastructure. There are a number of ways that local governments fund infrastructure improvements. The most common are long-term financing via bonds and "pay-as-you go" revenues collected via taxes or utility rates. In many cases, municipalities have foregone investment in infrastructure due to revenue constraints. The result is deferred maintenance and a long backlog of unfunded repairs-an unfortunate reality in cities across the country.

Many local governments require infrastructure costs for new development to be borne by the developer through impact fees, special assessments, or other fees or taxes. Such fees are usually proportionate to the actual costs of building new water lines, sewer lines, and other utilities to serve the development site. While impact fees are effective to address the impacts of new development, they may not be used to address deferred maintenance. Those costs must be financed through other means-generally through higher rates that cover the cost of bonds and capital projects.

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Policy IN-6.1.2: Creative Financing

Promote creative financing tools to fund infrastructure maintenance and replacement. These could include innovative taxing programs, user fees, and new development charges. 1317.4

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Policy IN-6.1.3: Developer Contributions

Require that private developers fund the necessary relocation or upgrading of existing utilities to address limitations with existing infrastructure on or adjacent to proposed development sites. For necessary upgrades to water and wastewater infrastructure, developers should contribute to the cost of extending utilities to the project site or upgrading existing utilities to the specifications necessary for their proposed project. 1317.5

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Action IN-6.1.A: Developer Reimbursement Agreement

Formulate consistent, equitable, and manageable developer Reimbursement Agreements for the incremental costs of water, sewer, and other utility upgrades. The Agreements should provide a means for the initial developer to be reimbursed by the District through payments by other developers who benefit from the initial developer's infrastructure improvements. 1317.6

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Action IN-6.1.B: Coordination Of Infrastructure Upgrades

Establish a central repository for data and schedules for planned infrastructure upgrades to minimize the need for repeated street and sidewalk excavation. 1317.7

The provisions of Title 10, Part A of the DCMR accessible through this web interface are codification of the District Elements of the Comprehensive Plan for the National Capital. As such, they do not represent the organic provisions adopted by the Council of the District of Columbia. The official version of the District Elements only appears as a hard copy volume of Title 10, Part A published pursuant to section 9 a of the District of Columbia Comprehensive Plan Act of 1994, effective April 10, 1984 (D.C. Law 5-76; D.C. Official Code § 1 -301.66)) . In the event of any inconsistency between the provisions accessible through this site and the provisions contained in the published version of Title 10, Part A, the provisions contained in the published version govern. A copy of the published District Elements is available www.planning.dc.gov.

D.C. Mun. Regs. tit. 10, r. 10-A1317