Description
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.
Table of Contents
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Forewords
The history of subdivision regulations
Four periods of changing development ò Current refinements ò Goals and purposes of the model regulations
General provisions
Title ò Policy ò Purposes ò Authority ò Jurisdiction ò Enactment ò Interpretation, conflict, and separability ò Saving provision ò Reservations and repeals ò Amendments ò Public purpose ò Variances, exceptions, and waiver of conditions ò Enforcement, violations, and penalties
Definitions
Usage ò 155 words and terms defined
Subdivision application procedure and approval process
General procedure ò Sketch plat ò Preliminary plat ò Amendments to preliminary plat ò Final subdivision plat ò Vested rights and development agreements ò Signing and recordation of subdivision plat ò Appeals to governing body ò Time periods for action ò Suspension and invalidation of final plat
Assurance for completion and maintenance of improvements
Improvements and subdivision improvement agreement ò Inspection of improvements ò Escrow deposits for lot improvements ò Maintenance of improvements ò Deferral or waiver of required improvements ò Issurance of building permits and certificates of occupancy ò Consumer protection legislation and conflicts of interest statutes
Requirements for improvements, reservations,and design
General improvements ò Lot improvements ò Roads ò Drainage and storm sewers ò Water facilities ò Sewerage facilities ò Sidewalks ò Utilities ò Public uses ò Preservation of natural features and amenities ò Nonresidential subdivisions
Public facilities impact fees
Short title ò Purpose ò Authority ò Applicability ò Capital improvements program ò Establishment of service area ò Calculation ò Imposition ò Computation and collection ò Offsets and credits ò Establishment of accounts ò Use of proceeds ò Appeals ò Refunds ò Updates to plan and revisions ò Impact fee as aditional and supplemental regulations ò Procedures for update and amendment ò Relief procedures ò Exemption ò Public facility service area ò Public facility improvements program ò Public facility impact fees ò Housing benefit contribution for nonresidential developments
Land readjustment
Resubdivision of land ò Plat vacation
Specifications for documents to be submitted
Sketch plat ò Preliminary plat ò Construction plans ò Final subdivision plat
Appendices
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