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This book is a detailed examination of the law pertaining to subdivision development and control including federal cases. Streets, dedication, maps and plats, approval of plans, community planning, open space, and other issues are discussed.
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!
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!
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.
Despite roughly thirty years of experience with growth management programs, which are basically land-use planning tools, most U.S. communities do not plan for how best to limit or manage rapid growth; in fact, most communities do not plan at all. In the absence of planning, land-use boards, regulators, and other governing bodies simply react to initiatives from the private sector. The result is predictably haphazard and does not allow communities to achieve such goals as protecting quality of life, attracting certain types of businesses while discouraging others, conserving wildlife or preserving open spaces, and so forth. In contrast, planning by managing growth can help a town or city achieve any number of goals. But it is a complex task. This book brings the benefit of state and local experiences with growth management to researchers, students, and particularly practitioners who seek guidance in these matters. Kelly provides a much-needed context from which any community can answer the following questions: Does growth management work? Is it appropriate for the community and the particular problems that it is trying to address? Is one type of growth management program more appropriate than another for our community? Will the program in question have undesirable (or desirable) side effects?What are the likely effects of adopting no growth management program at all? This work is invaluable for the citizen volunteers who sit on land-use boards, including planning and zoning commissions, conservation commissions, and inland wetlands agencies. In addition, it can aid mayors, city managers, and city councils in interviewing and selecting candidates for town planner.
Revised volumes by Douglas Scott MacGregor, 2000-