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There are specific topics which, in microcosm, bring together many of the strands of a whole society. The pressures at work in responding to the problems involved in these topics both in implementing and retarding their resolution, provide a unique insight into the strains of our time. In many ways, the subject of growth controls is a prime exemplar of this species. Grouped under this rubric are all the environmental concerns which are increasingly prominent: the natural limits of land-holding capacity, the trade-offs between intensive land use, and the physical limitations of earth and space. But these elements, while far from being defined, are much more finite than the particulars at the other end of the spectrum that of the character and individual substance and way of life, which revolve around the level of intensity of land use. For example, as we near the end of the twentieth century, an increasing demand is heard for a return to the simpler, more bucolic environment. Just as the suburb replaced the city as the prime location so the suburb in turn finds it very difficult to compete against the lures of the countryside. The drive towards exurbia, and with is greater levels of decentralization, and with it greater levels of decentralization becomes a dominant theme, at least for the affluent. All these and many other elements are at work within the simple title of Growth Management.
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!
"This book describes a process for developing growth management systems for rural communities. A rural community may be a town of 500 people that has little familiarity with planning and regulation of land uses; or, it may be a small city of 20,000 people that has an adoptend land use plan, a capital improvements program, and zoning ordinances." From Chapter 1.
Originally published: New Brunswick, N.J.: Rutgers, State University of New Jersey, Center for Urban Policy Research, c1989. With new introd.
This three volume looseleaf treatise sets forth the law and practice of subdivision control, environmental restrictions on land development, design standards, required improvements, and other land use planning requirements in the state of Florida. The New Community Act and the Uniform Land Sales Practices Act are covered in the volumes.
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.
This treatise offers a comprehensive discussion of zoning, subdivision control, and police power regulations governing land use law. New developments in zoning, such as, growth management, exclusionary zoning, free speech, and antitrust issues are covered in depth in the work.