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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.
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.
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.
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.
Traditionally, the public sector has been responsible for the provision of all public goods necessary to support sustainable urban development, including public infrastructure such as roads, parks, social facilities, climate mitigation and adaptation, and affordable housing. With the shift in recent years towards public infrastructure being financed by private stakeholders, the demand for transparent guidance to ensure accountability for the responsibilities held by developers has risen. Within planning practice and urban development, the shift towards private financing of public infrastructure has translated into new tools being implemented to provide joint responsibility for upholding requirements. Developer obligations are contributions made by property developers and landowners towards public infrastructure in exchange for decisions on land-use regulations which increase the economic value of their land. This book presents insight into the design and practical results of these obligations in different countries and their effects on municipal financial health, demonstrating the increasing importance of efficient bargaining processes and the institutional design of developer obligations in modern urban planning. Primarily written for academics in land-use planning, real estate, urban development, law, and economics, it will additionally be useful to policy makers and practitioners pursuing the improvement of public infrastructure financing.
This practical handbook demystifies development review. It explains the tools of local regulation and the technical, bureaucratic, and organizational skills planners need to be effective. Solnit shows how to work with developers, evaluate projects, and use fiscal impact analysis. Includes a section on planning ethics, checklists, and tips on negotiating. Chapters by contributing authors cover subdivision plats, site plans, appearance codes, and writing zoning reports. The Job of the Practicing Planner is a perfect introductory textbook in classes for planners and a practical handbook for people already on the job.