Scott Anders, The Daily Record Newswire
PORTLAND, OR - Battling NIMBY (Not in My Back Yard) and the agents of CAVE (Citizens Against Virtually Everything) can appear a daunting task more suited to comic book heroes than developers. But taking on these forces ahead of a project can reap rewards for those who know how to present their development well.
How does one work with NIMBY or an agent of CAVE? It depends on the proposed project. If you propose to build a new airport, prison or nuclear power plant, there's probably not much you can do, except brace for the onslaught and gather the favorable evidence for your project. But if your project is a bit more routine, approaching opposing parties early on in the process will often reap rewards for all involved.
Let's say, for example, that a new neighborhood is your goal and that it is near already-existing neighborhoods. Then approaching the potential neighbors may prove to be beneficial. In exchange for working with the neighbors to mitigate certain impacts or present a buffer that exceeds the bare minimum required by code, the developer may be pleasantly surprised to find less resistance than anticipated. Working with the neighbors may ultimately save a developer legal fees and time in navigating the approval process.
Take a look at what your proposed development might have to offer to those impacted by the development. Can your project offer additions to the existing neighborhoods that residents will see as positive benefits? Do you plan to add parks or common areas that the existing neighbors can use? Will there be improved access to thoroughfares or services?
If the project is commercial in nature, then you might want to focus on mitigation measures that reduce noise, light and litter. Other factors to consider are the traffic impacts, circulation and power and sewer improvements that may be beneficial to the area.
No matter how proactive a developer may be, almost all projects will have relentless NIMBYs and CAVEs who will not quit, regardless of whether their basis for the resistance is rational. Significantly reducing the number of detractors is the goal.
In one such effort to work with NIMBYs and CAVEs, a developer approached the surrounding business neighbors before a development application was submitted to the government. A first meeting brought substantial interest and input from those concerned over any additional development. Once the developer explained that it was trying to be a good neighbor, had a right to develop the property, and wanted to make a good project for all parties, most of the neighbors in attendance engaged in helpful discussion.
The developer was able to point out some things that might work and the reasons that other things would not work. By the time the development came up for a hearing only three neighbors spoke against the project, while other neighbors testified that the developer had worked with them to develop a good project.
Approaching NIMBYs and CAVEs early enough in a project for them to feel that they have had an opportunity for significant input may be the best avenue. Opposing parties may not ultimately agree with the project, but if their useful input is incorporated into the development, the developer may very well find an easier path to success when it comes time for the hearing, with far fewer NIMBY and CAVE agents protesting.
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Scott A. Anders is an attorney and shareholder in Jordan Ramis PC. He focuses his practice on real estate, land use, and business matters. Contact him at 360-567-3904 or scott.anders@jordanramis.com.
Published: Mon, Aug 25, 2014
