Extract to table

Under the statute, proffers must satisfy three fundamental requirements

First, proffers must be voluntarily offered by the applicant; the locality may not compel or mandate specific proffer amounts as a condition of approval

Second, proffers must be reasonably related to the rezoning or zoning modification being sought — that is, there must be a rational nexus between the impacts generated by the proposed development and the conditions offered

Third, proffers must be designed to offset the reasonably anticipated impacts of the proposed development on public facilities, infrastructure, and services

Accordingly, our negotiation strategy must be calibrated to these practical dynamics while preserving IHDC's legal position that its proffers are voluntary and reasonable

Each building will be equipped with a 2N diesel generator configuration, meaning that the generator yards will contain substantial backup power equipment that must be periodically tested