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This report examines the use of dedication or fees-in-lieu provisions for imposing the costs of parks an schools in new subdivisions on the developers.
After decades of evolving practice often tested in court, development impact fees have become institutionalized in the American planning and local government finance systems. But, they remain contentious, especially as they continue to evolve. This book is the third in a series of impact fee guidebooks for practitioners, following A Practitioner’s Guide to Development Impact Fees and Impact Fees: Proportionate Share Development Fees. Proportionate Share Impact Fees and Development Mitigation is the culmination of the authors’ careers devoted to pioneering applications of the dual rational nexus test. That test requires (1) establishing the rational nexus between the need for infrastructure, broadly defined, to mitigate the impacts of development and (2) ensuring that development mitigating its infrastructure impacts benefits proportionately. The book elevates professional practice in two ways. First, it shows how the rational nexus test can be applied to all forms of development infrastructure impact mitigation. Second, it establishes the link between professional ethics and equity as applied to proportionate share impact fees and development mitigation. The book is divided into four parts, with the first reviewing policy and legal foundations, the second detailing the planning, calculation, and implementation requirements, the third exploring economic, ethical, and equity implications, and the fourth presenting state-of-the-art case studies. Proportionate Share Impact Fees and Development Mitigation sets new standards for professional practice.
This book presents a comprehensive method by which to determine the proportionate share of the costs and revenues generated by the development of new water, wastewater, and stormwater facilities. It presents a rational, legally defensible approach to assessing charges based on the use of new and existing facilities to support new system development. Written by a consultant who has helped hundreds of communities deal with how to pay for growth, the book is designed for all communities presently engaged in calculating and administering charges for new development, as well as those planning for future growth.
The materials in American Land Planning Law are derived from decades of experience in teaching planning law at six planning schools and three law schools. Among the hypotheses included here, two are clearly vindicated in the reading. The first involves basic tenets in the approach referred to as "legal realism"—that courts play a major role in policy formation. A second hypothesis is implicit in the basic organizational principle of these materials, that planning problems arise from land use conflicts, and further, that courts have adopted distinctive policies on these conflicts. Norman Williams' organizational format is unique. The notes provided after each case have been omitted, due to a repetition that would result from what has already been said in the text. Instead, a list of questions is provided for the student to ponder, plus occasionally a necessary background, in order to focus attention on the essential turning point in each case. Williams also provides a complete list of cross-references to all standard treatises in the field, for those who wish to explore commentators' thoughts on the subject. The scope of these materials provides an exploration of the substantive problems involved in land use law, and the legal techniques which have been evolved to deal with them. The definition of this field of law as embodied in these materials focuses on urban and suburban planning problems. A quite artificial distinction between land use law and environmental law has been observed. This is an essential text containing important land use cases and should be read by all legal analysts, urban theorists and planners, and public policymakers.
A major revision of a classic planning text. This book contains a complete model subdivision ordinance for city and county governments as well as more than 100 pages of legal commentary. The model regulations are generally compatible with all state statutes and work in urban, suburban, and rural settings. They show how communities can finance capital facilities, balance new development with existing surroundings, avoid exposure to the legal pitfalls of takings and substantive due process claims, and much more. Two new chapters cover public facilities impact fees and land readjustment. The chapter on impact fees includes a section on regulatory takings law that looks at how prominent U.S. Supreme Court cases have affected property rights, development, and regulation. Each section of the model regulations is followed by insightful commentary that supports, annotates, and documents the text. The authors explore the rationale for using various regulations, basing their arguments on existing statutory authority, case law, and federal constitutional requirements. The commentary identifies and explains changes from the original model regulations. Whether you're drafting new regulations or considering amendments to existing ones, you'll find Model Subdivision Regulations to be an invaluable reference.
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.
Volumes include: Statutory record.
Bringing together a team of national experts, this volume offers a detailed look at the links between public land acquisition programs and efforts to yield smart growth outcomes in the USA. Both public land acquisition programs and state and local growth management efforts have been examined in detail, but while there is growing recognition that land acquisition can play an important role in smart growth outcomes, there has so far been little research into the nexus of these areas of public policy. This book investigates various aspects of the land acquisition-smart growth linkage and describes model programs and makes recommendations for the adoption of land acquisition efforts nationally and internationally. It will appeal to practising planners, policy makers, public officials, and citizen groups, as well as academics of urban planning, environmental studies, geography and other disciplines which examine issues of urban sprawl.