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"Transfer of Development Rights" (TDR) programs allow local governments to put economic principles to work in encouraging good land use planning. TDR programs most often permit landowners to forfeit development rights in areas targeted for preservation and then sell those development rights to buyers who want to increase the density of development in areas designated as growth areas by local authorities. Although TDR programs must conform to zoning laws, they provide market incentives that make them more equitable (and often more lucrative) for sellers and frequently benefit buyers by allowing them to receive prior approval for their high-density development plans. Since the 1970s when modern TDR applications were first conceived, more than 200 communities in 33 states across the U.S. have implemented TDR-based programs. The most common uses of TDR to date involve protecting farmland, environmentally sensitive land, historic sites, and "rural character," and urban revitalization. Until now, however, there has never been a clearly written, one-volume book on the subject. At last, The TDR Handbook provides a comprehensive guide to every aspect of TDR programs, from the thinking behind them to the nuts and bolts of implementation-including statutory guidance, model ordinances, suggestions for program administration, and comparisons with other types of preservation programs. In addition, six of its twenty chapters are devoted to case studies of all major uses to which TDR programs have been utilized to date, including recent urban revitalization projects that utilize TDR principles.
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!