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Originally published: New Brunswick, N.J.: Rutgers, State University of New Jersey, Center for Urban Policy Research, c1989. With new introd.
Introduction -- Relating development to the natural environment -- Managing climate change locally -- Encouraging walking by mixing land uses and housing types -- Preserving historic landmarks and districts -- Creating more affordable housing, promoting environmental justice -- Establishing design principles and standards for public spaces and buildings -- Implementing regulations while safeguarding private property interests
Primer for use by engineering schools and their students, and will provide real estate industry professionals with the practical tools to realize quick positive project results and the ability to implement these tools immediately on the job.
The Supreme Court decision that property owners may be entitled to compensation for government regulations that deprive them of reasonable use of their property has thrown the land-use field into a state of turmoil. Will municipal land-use ordinances be found excessive? What regulations can be considered a reasonable exercise of police power for public health, safety, and welfare? Will municipalities be liable for compensation to property owners if development is restricted? How can municipalities and developers plan in the wake of this decision?Ordinance provisions cover components of subdivision regulation: general provisions, definitions, administration, procedure, design and improvements, off-tract improvements, and documents to be submitted. The Subdivision and Site Plan Handbook provides a narrative on the background, rationale, and intent of each requirement accompanying the model ordinance; gives an overview of the history of subdivision regulation in the United States; traces the evolution of land-use regulation through various stages; and presents the legal context for present-day regulation.The book has been designed for use by government administrators, developers, planners, attorneys, and others interested in land-use regulation. The model ordinance represents the most current thinking about land use and site control and responds to questions raised by the Supreme Court decision. David Listokin and Carole Walker's analyses are flexible, efficient, responsive to local conditions, and balance regulatory costs and benefits. This is a definitive and invaluable resource!
Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.
This book addresses various components of development regulation, including the types of and legal authority for regulations that are used, the roles and responsibilities of those involved, the scope of city and county jurisdiction, and a wealth of detailed legal analysis. The third edition incorporates legal developments through 2019. Topics include: -Ordinance amendments, -Spot, contract, and conditional zoning, -Quasi-judicial procedures, -Special use permits and variances, -Vested rights, -Statutory and constitutional limits on regulatory authority, and -Judicial review of regulatory decisions.