Growing Smart Legislative Guidebook
Table of contents and links to chapters.
States and their local governments have practical tools to help combat urban sprawl, protect farmland, promote affordable housing, and encourage redevelopment.
They appear in the American Planning Association's Growing Smart Legislative Guidebook: Model Statutes for Planning and the Management of Change, 2002 Edition, by Stuart Meck, FAICP, Gen. Editor.
Table of Contents, Preface, Foreword and Acknowledgments, Introduction (pdf)
Chapter 1 — Initiating Planning Statute Reform |
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| Commentary: Model Legislation and Executive Orders for Initiating Planning Statute Reform | ||
| Alternative 1 — Study Commission Composed of State Legislators and State Department Head | ||
| 1-101 | Creation of Planning and Land-Use Legislative Study Commission; Membership; Reimbursement for Expenses | |
| 1-102 | Functions and Duties; Public Hearings; Interim and Final Reports; Recommended Legislation | |
| 1-103 | Staff and Consulting Support; Application for and Acceptance of Gifts and Grants | |
| 1-104 | Advisory Committees; Cooperation of State Departments and Agencies | |
| 1-105 | Appropriation of Funds | |
| 1-106 | Commission to Expire Unless Extended | |
| Alternative 2 — Independent Study Commission Composed of State Legislators, a State Department Head, and Citizen Representatives | ||
| 1-201 | Creation of Planning and Land-Use Legislative Study Commission; Membership; Reimbursement for Expenses | |
| 1-202 | Functions and Duties; Public Hearings; Interim and Final Reports; Recommended Legislation | |
| 1-203 | Staff and Consulting Support; Application for and Acceptance of Gifts and Grants | |
| 1-204 | Advisory Committees; Cooperation of State Departments and Agencies | |
| 1-205 | Appropriation of Funds | |
| 1-206 | Commission to Expire Unless Extended | |
| Alternative 3 — Permanent Joint Legislative Study Committee on Planning, Land Use, and Growth Management | ||
| 1-301 | Creation of Joint Legislative Study Committee on Planning, Land Use, and Growth Management; Membership; Vacancies; Reimbursement for Expenses; Quorum | |
| 1-302 | Functions and Duties of Committee; Powers | |
| 1-303 | Staff and Consulting Support; Executive Secretary | |
| 1-304 | Annual Report; Other Reports | |
| 1-305 | Appropriation of Funds | |
| Alternative 4 — Executive Order No. ______ Establishing a State Interagency Planning and Land-Use Task Force [and Advisory Committee] Appointed by the Governor | ||
| Alternative 5 — Executive Order No. ______ Establishing an Independent [Growth Strategies] Study Commission Appointed by the Governor | ||
Chapter 2 — Purposes and Grant of Power |
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| Commentary: Purposes of Planning | ||
| 2-101 | Purposes (Four Alternatives) | |
| Alternative 1 — Planning as an Advisory Activity | ||
| Alternative 2 — Planning as an Activity to be Encouraged Through the Use of Incentives | ||
| Alternative 3 — Planning as a Mandatory Activity | ||
| Alternative 4 — Planning as a Mandatory Activity; to be Vertically and Horizontally Integrated | ||
| Commentary: Addressing Statewide Planning Interests | ||
| 2-102 | State Interests for Which Public Entities Shall Have Regard | |
| Commentary: Delegation of Power | ||
| 2-103 | Grant of Power | |
Chapter 3 — Definitions |
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| 3-101 | Definitions | |
Chapter 4 — State Planning |
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| State Planning Agency Organization | ||
| Commentary: Types of State Planning Agencies | ||
| 4-101 | State Planning Agency [Five Alternatives] | |
| Alternative 1 — State Planning Office | ||
| Alternative 2 — State Planning Department | ||
| Alternative 3 — State Planning Commission; Creation, Powers | ||
| Alternative 4 — Cabinet Coordinating Committee | ||
| Alternative 5 — Planning Division within the Department of Development | ||
| Commentary: Functions and Duties of the State Planning Agency | ||
| 4-102 | Functions and Duties of the State Planning Agency | |
| Commentary: Rule-Making Authority | ||
| 4-103 | Authority to Adopt Rules, Issue Orders, and Promulgate Guidelines | |
| Commentary: Biennial Report | ||
| 4-104 | Biennial Report | |
| State Plans | ||
| Commentary: State Futures Commission and State Strategic Futures Plan | ||
| 4-201 | State Futures Commission; State Futures Plan | |
| Commentary: State Agency Strategic Plan of Operation | ||
| 4-202 | State Agency Strategic Plan of Operation | |
| Commentary: State Comprehensive Plan | ||
| 4-203 | State Comprehensive Plan | |
| Commentary: State Land Development Plan | ||
| 4-204 | State Land Development Plan | |
| Commentary: State Biodiversity Conservation Plan | ||
| 4-204.1 | State Biodiversity Conservation Plan | |
| Functional Plans | ||
| Commentary: State Transportation Plan | ||
| 4-205 | State Transportation Plan | |
| Commentary: State Economic Development Plan | ||
| 4-206 | State Economic Development Plan | |
| Commentary: State Telecommunications and Information Technology Plan | ||
| 4-206.1 | State Telecommunications and Information Technology Plan | |
| Commentary: State Housing Plan | ||
| 4-207 | State Housing Plan; Housing Advisory Committee; Annual Progress Report | |
| Commentary: State Planning for Affordable Housing (Two Alternatives) | ||
| 4-208 | State Planning for Affordable Housing (Two Alternatives) | |
| Alternative 1 — A Model Balanced and Affordable Housing Act | ||
| 4-208.1 | Findings and Purposes | |
| 4-208.2 | Intent | |
| 4-208.3 | Definitions | |
| 4-208.4 | Creation and Composition of Balanced and Affordable Housing Council | |
| 4-208.5 | Organization of the Council | |
| Alternative 1A — Strong Council with No Regional Planning Agency Involvement | ||
| 4-208.6 | Functions and Duties of the Council | |
| Alternative 1B — Functions and Duties of the Council and Regional Planning Agencies | ||
| 4-208.6 | Functions and Duties of the Council and Regional Planning Agencies | |
| 4-208.7 | Appointment of Council Executive Director; Hire by Contracts; Purchases and Leases; Maintenance of Public Records | |
| Alternative 1A — Action by Council | ||
| 4-208.8 | Council Designation of Housing Regions; Determination of Present and Prospective Housing Need; Regional Fair-Share Allocations; Adoption of Need Estimates and Allocations | |
| Alternative 1B — Actions by Council and Regional Planning Agency | ||
| 4-208.8 | Council Designation of Housing Regions; Preparation of Estimates of Present and Prospective Housing Need; Preparation of Regional Fair-Share Allocation Plan by Regional Planning Agency; Adoption of Plan; Review and Approval of Plan by Council | |
| 4-208.9 | Contents of a Housing Element | |
| 4-208.10 | Submission of Housing Element to [Council or Regional Planning Agency] | |
| 4-208.11 | Notice of Submission | |
| 4-208.12 | Objection to a Housing Element; Mediation | |
| 4-209 | Workshops and Public Hearings | |
| Commentary: Adoption of Plans | ||
| 4-210 | Adoption of Plans (Four Alternatives) | |
| Alternative 1 — By Executive Order | ||
| Alternative 2 — By Action of the Governor and State Legislature | ||
| Alternative 3 — By Action of a State Board or Commission | ||
| Alternative 4 — by Action of a State Agency Head | ||
| Commentary: Certification of Plan to State Agencies, Regional Agencies, and Local Governments | ||
| 4-211 | Certification of Plan; Availability for Sale | |
| Commentary: Effect of State Plans on State Agencies; Interagency Coordination | ||
| 4-212 | Effect of State Plans on State Agencies; Interagency Coordination (Two Alternatives) | |
| Alternative 1 — Agency Takes State Plan Into Consideration | ||
| Alternative 2 — Agency Required to Observe Strict Consistency | ||
| 4-213 | Effect of State Plans on Regional and Local Agencies — See Sections 7-402.1 to 7-402.5 | |
| 4-214 | Resolution of Conflict Between State, Regional, and Local Plans; Certification — See Sections 7-402.1 to 7-402.5 | |
| State Capital Budget and Capitals Improvement Program | ||
| Commentary: State Capital Budget and Capital Improvement Program | ||
| 4-301 | Definitions | |
| 4-302 | Submission of State Capital Budget and Capital Improvement Program | |
| 4-303 | Contents of State Capital Budget and Capital Improvement Program | |
| 4-304 | Participation by Cooperation of State Agencies | |
| Smart Growth Act | ||
| Commentary: Smart Growth Act | ||
| 4-401 | Smart Growth Act 4-129 | |
| Note 4A — A Note on State Planning Goals 4-138 | ||
| Note 4B — A Note on State Planning Approaches to Promote Affordable Housing 4-148 | ||
Chapter 5 — State Land-Use Control |
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| Siting State Facilitites | ||
| Commentary: A Model for Siting State Facilities | ||
| 5-101 | Purpose | |
| 5-102 | Definitions | |
| 5-103 | Preparation of Proposed Statement of Needs; State Facilities Map | |
| 5-104 | Submission of Proposed Statement of Needs to State Legislature; Adoption | |
| 5-105 | Establishment of Criteria for Siting or Expanding State Facilities | |
| 5-106 | Establishment of Criteria for Closing or Reducing State Facilities | |
| 5-107 | Publication and Adoption of Rules | |
| 5-108 | Notice and Public Hearings | |
| 5-109 | Review of Proposal and Decision by State Agency | |
| 5-110 | Appeals | |
| Areas of Critical State Concern | ||
| Commentary: Areas of Critical State Concern | ||
| 5-201 | Purposes | |
| 5-202 | Designation of Areas of Critical State Concern, Generally | |
| 5-203 | Criteria for Designation of Areas of Critical State Concern | |
| 5-204 | Initiating the Designation of an Area of Critical State Concern | |
| 5-205 | Preparation of a Draft Proposal for Designation of an Area of Critical State Concern | |
| 5-206 | Public Hearings on Draft Proposal for Designation of an Area of Critical State Concern | |
| 5-207 | Final Proposal for Designation of an Area of Critical State Concern | |
| 5-208 | Recordation of Designation | |
| 5-209 | State and Local Regulation and Local Plans in Areas of Critical State Concern; Availability of Grants to Local Governments | |
| 5-210 | Interim Regulation of Development and Plans | |
| 5-211 | Development Permission in Areas of Critical State Concern | |
| 5-212 | Amendment of Regulations and Plans | |
| 5-213 | Withdrawal of Areas of Critical State Concern | |
| 5-214 | Judicial Review of Agency Decisions | |
| Developments of Regional Impact | ||
| Commentary: Procedures for Regulating Developments of Regional Impact | ||
| 5-301 | Statement of Purpose; Source of Authority | |
| 5-302 | Definitions | |
| 5-303 | Statewide Standards, Criteria, and Thresholds | |
| 5-304 | Variations in Thresholds | |
| 5-305 | Determination of DRI Status | |
| 5-306 | Submittal of DRI Application (Two Alternatives) | |
| Alternative 1 — Host Local Government as Primary Reviewing Body | ||
| Alternative 2 — Regional Planning Agency as Primary Reviewing Agency | ||
| 5-307 | Review and Recommendations of Interested Agencies and Entities | |
| 5-308 | Notice and Public Hearings | |
| 5-309 | Review of DRI Application | |
| 5-310 | Issuance of Decision | |
| 5-311 | Amendments | |
| 5-312 | Enforcement | |
| 5-313 | Exemptions | |
| 5-314 | Development Agreements | |
| 5-315 | Appeals | |
| Note 5 — A Note on New York City's "Fair-Share" Process 5-69 | ||
Chapter 6 — Regional Planning |
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| Organizational Structure | ||
| Commentary: Regional Planning Agencies 6-17 | ||
| 6-101 | Creation of Regional Planning Agency; Boundaries of Regional Planning Agency; Interstate Regional Planning (Two Alternatives) | |
| Alternative 1 — Voluntary Creation of Regional Planning Agency | ||
| Alternative 2 — Mandate Creation of Regional Planning Agency | ||
| Commentary: Composition of Regional Planning Agency | ||
| 6-102 | Composition of Regional Planning Agency; Finances; State Representation; Representation of Federal Military Installations and Facilities (Two Alternatives) | |
| Alternative 1 — Permissive Composition and Membership of Regional Planning Agency | ||
| Alternative 2 — Mandated Composition and Membership of Regional Planning Agency by Local Elected Officials, Appointees of the Governor, and State Agency Representatives | ||
| Commentary: Voting 6-27 | ||
| 6-103 | Voting; Provision for Proportional Voting | |
| 6-104 | Chair; Other Officers and Committees; Frequency of Meetings; Reports of Committees | |
| Commentary: Rule-Making Authority | ||
| 6-105 | Rule-Making Authority (Two Alternatives) | |
| Alternative 1 — Simple Rule-Making Authority | ||
| Alternative 2 — Detailed Rule-Making Authority | ||
| 6-106 | Appointment and Responsibilities of Executive Director; Contracts, Purchases, and Leases | |
| Commentary: Powers and Duties of a Regional Planning Agency | ||
| 6-107 | Powers and Duties of a Regional Planning Agency | |
| 6-108 | Biennial Report | |
| Plan Preparation | ||
| Commentary: Regional Comprehensive Plan | ||
| 6-201 | Preparation of Regional Comprehensive Plan (Two Alternatives) | |
| Alternative 1 — Regional Comprehensive Plan as an Advisory Document | ||
| Alternative 2 — Regional Comprehensive Plan as a Document to Integrate State, Regional and Local Interests | ||
| Commentary: Urban Growth Areas | ||
| 6-201.1 | Urban Growth Areas [Optional] | |
| Commentary: Preparation of Regional Functional Plans | ||
| 6-202 | Commentary: Preparation of Regional Functional Plans | |
| Commentary: Regional Housing Plan | ||
| 6-203 | Regional Housing Plan | |
| Commentary: Preparation of Regional Transportation Plan | ||
| 6-204 | Regional Transportation Plan | |
| Procedures for Plan Review and Adoption | ||
| Commentary: Public Review and Hearings on Regional Plans (Two Alternatives) | ||
| 6-301 | Workshops and Public Hearings (Two Alternatives) | |
| Alternative 1 — Simple Procedure | ||
| Alternative 2 — Detailed Procedure | ||
| 6-302 | Resolving Potential Conflicts Among State, Regional, and Local Plans — See Sections 7-402.1 to 7-402.5) | |
| Commentary: Adoption of Regional Plans | ||
| 6-303 | Adoption of Regional Plans | |
| 6-304 | Certification of Regional Plan; Availability for Purchase | |
| 6-305 | Adoption of Plans by Local Governments, Special Districts, and Other Governments | |
| Relationships and Agreements with Other Units of Governement | ||
| Commentary: Reviewing Plans and Major Capital Facility Projects | ||
| 6-401 | Effects of Regional Plans on State Agencies, Local Governments, and Special Districts; Review of Plans and Major Capital Facility Projects of Extra- jurisdictional or Regional Significance | |
| Commentary: Agreements with Other Governmental Units | ||
| 6-402 | Regional Planning and Coordination Agreements | |
| 6-403 | Urban Service Agreements | |
| Miscellaneous Provisions | ||
| 6-501 | Withdrawal from Regional Planning Agency | |
| 6-502 | Dissolution of [Regional Planning Agency] | |
| 6-503 | State Aid to [Regional Planning Agency] | |
| Designation of Regional Planning Agency As Substitute District Organization | ||
| Commentary: Designation of Regional Planning Agency as Substate District Organization | ||
| 6-601 | Delineation of Substate Districts | |
| 6-602 | Designation of Substate District Organization | |
| 6-603 | State Agency Use of Substate District Boundaries | |
| 6-604 | Effect of Designation on Substate District Organization | |
| Note 6A — A Note on Weighted Voting Procedures | ||
| Note 6B — A Note on Urban Growth Areas and Regional Planning | ||
| Note 6C — A Note on Existing Regional Plans | ||
Chapter 7 — Local Planning |
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| General Provisions | ||
| 7-101 | Definitions | |
| 7-102 | Establishment of Local Planning Agency | |
| 7-103 | Powers of Local Planning Agency | |
| 7-104 | Rule-Making Authority | |
| Organizational Structure | ||
| Commentary: Local Planning Commission | ||
| 7-105 | Establishment of Local Planning Commission (Three Alternatives) | |
| Alternative 1A — All appointed citizens; no constituency representatives | ||
| Alternative 1B — All appointed citizens; constituencies represented | ||
| Alternative 2 — Appointed members and elected officials | ||
| Alternative 3 — Appointed members, administrative officials, and elected officials | ||
| 7-106 | Powers and Duties of Local Planning Commission | |
| 7-107 | Annual Reports of Local Planning Agency and Local Planning Commission | |
| Commentary: Neighborhood Designation, Neighborhoods Planning Councils, Neigborhood and Community Organizations | ||
| 7-108 | Designation of Neighborhoods | |
| 7-109 | Neighborhood Planning Councils | |
| 7-110 | Neighborhood and Community Organizations; Recognition | |
| The Local Comprehensive Plan | ||
| 7-201 | Local Comprehensive Plan; Purposes | |
| 7-202 | Specifications for Plan Elements and Supporting Studies: Economic, Demographic, and Related Assumptions; Mandatory and Optional Elements; Opt-Out Provisions; Joint Plan or Plan Element Preparation | |
| Required Elements | ||
| Commentary: Issues and Opportunities Element | ||
| 7-203 | Issues and Opportunities Element | |
| Commentary: Land-Use Element | ||
| 7-204 | Land-Use Element | |
| Commentary: Monitoring Land Markets | ||
| 7-204.1 | Land Market Monitoring System [Optional, but Required if Urban Growth Areas are Required] | |
| Commentary: Transportation Element | ||
| 7-205 | Transportation Element | |
| Commentary: Community Facilities Element | ||
| 7-206 | Community Facilities Element | |
| Commentary: Telecommunications | ||
| 7-206.1 | Telecommunications Component | |
| Commentary: Housing Element | ||
| 7-207 | Housing Element (Two Alternatives) | |
| Alternative 1 — A General Housing Element | ||
| Alternative 2 — A Housing Element Intended to Satisfy a Local Government's Fair-Share Obligation | ||
| Commentary: Economic Development Element | ||
| 7-208 | Economic Development Element [Opt-Out Provision Applies] | |
| Commentary: Critical and Sensitive Areas Element | ||
| 7-209 | Critical and Sensitive Areas Element [Opt-Out Provision Applies] | |
| Commentary: Natural Hazards Element | ||
| 7-210 | Natural Hazards Element [Opt-Out Provision Applies] | |
| Commentary: Program of Implementation | ||
| 7-211 | Program of Implementation | |
| Optional Elements | ||
| Commentary: Agriculture, Forest, and Scenic Preservation Element | ||
| 7-212 | Agriculture, Forest, and Scenic Preservation Element | |
| Commentary: Human Services Planning | ||
| 7-213 | Human Services Element | |
| Commentary: Community Design Planning | ||
| 7-214 | Community Design Element | |
| Commentary: Historic Preservation Planning | ||
| 7-215 | Historic Preservation Element | |
| 7-216 | [Other] | |
| Subplans | ||
| Commentary: Neighborhood Plans | ||
| 7-301 | Neighborhood Plans | |
| Commentary: Transit-Oriented Development | ||
| 7-302 | Transit-Oriented Development Plan | |
| Commentary: Planning Redevelopment Areas | ||
| 7-303 | Redevelopment Area Plan | |
| 7-304 | [Other Subplans — For Future Expansion] | |
| Procedures for Plan Review, Adoption, and Amendment | ||
| Commentary: Public Participation and Public Hearings | ||
| 7-401 | Public Participation and Public Hearings | |
| State Review and Approval Procedures | ||
| Commentary: Comprehensive Plan Appeals Board | ||
| 7-402.1 | Comprehensive Plan Appeals Board | |
| Commentary: Approval of Regional and Local Plans by the State | ||
| 7-402.2 | Review and Approval of Regional and Local Comprehensive Plans and Significant Amendments | |
| Commentary: Appeal of Urban Growth Area Designation | ||
| 7-402.3 | Appeal of Determination Regarding Urban Growth Area Designation | |
| Commentary: Procedures for Authorizing State and Special District Projects Not Included in Approved Regional or Local Comprehensive Plan | ||
| 7-402.4 | State, Special District, and School District Projects Not Included in Approved Regional and Local Comprehensive Plans; Review by Comprehensive Plan Appeals Board | |
| Commentary: Financial Incentive to Prepare a New Plan | ||
| 7-402.5 | Submission of Plans Under This Act; Withholding of Grant Money | |
| Commentary: Adoption, Amendment, and Recordation of Local Comprehensive Plans | ||
| 7-403 | Adoption of Local Comprehensive Plan | |
| 7-404 | Certification, Filing, and Recordation of Local Comprehensive Plans; Availability for Purchase; Computer Access to Plans | |
| 7-405 | Amendment of Local Comprehensive Plans | |
| Commentary: Periodic Review and Revision of the Local Comprehensive Plan and Land Development Regulations | ||
| 7-406 | Periodic Review and Revisions of the Local Comprehensive Plan and Land Development Regulations | |
| Implementation; Agreements with Other Government and Nonprofit Organizations | ||
| Commentary: Corridor Maps | ||
| 7-501 | Corridor Map | |
| Commentary: Local Capital Improvement Program and Capital Budget | ||
| 7-502 | Local Capital Improvement Program; Adoption of Local Capital Budget | |
| Commentary: Implementation Agreements | ||
| 7-503 | Implementation Agreements | |
| Commentary: Benchmarking in Local Comprehensive Plans | ||
| 7-504 | Benchmarks; Reporting Requirements | |
| Note 7A — A Note on Neighborhood Plans | ||
| Appendix — List of Neighborhood Plans Reviewed (by Chronology) | ||
| Note 7B — A Note on Comprehensive Planning Requirements in State Statutes | ||
Chapter 8 — Land Development Regulations |
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| General Provisions | ||
| 8-101 | Definitions | |
| Commentary: Authority to Adopt Land Development Regulations | ||
| 8-102 | Authority to Adopt Land Development Regulations; Purposes; Presumption of Validity | |
| 8-103 | Adoption and Amendment of Land Development Regulations; Notice and Hearing | |
| Commentary: Gauging Regulatory Consistency with a Local Comprehensive Plan | ||
| 8-104 | Consistency of Land Development Regulations with Local Comprehensive Plan | |
| Commentary: Relationship of Land Development Regulations with Other State and Federal Programs | ||
| 8-105 | Relationship of Land Development Regulations with Other Federal and State Laws, Regulations, Programs, and Plans; Maintenance of List by the State Planning Agency | |
| Commentary: Federal and State Exemption from Local Land Development Regulations | ||
| 8-106 | Federal and State Exemption from Local Land Development Regulations (Four Alternatives) | |
| Alternative 1 — Complete Exemption of Lands Owned by the Federal Government, But No Exemption for Lands Owned or Leased by the State and Certain Other Public Agencies When the Local Comprehensive Plan has been Approved by the State | ||
| Alternative 2 — Complete Exemption of Land Owned by the Federal Government, But No Exemption for Lands Owned by the State | ||
| Alternative 3 — Complete Exemption of Lands Owned by the State or Federal Government | ||
| Alternative 4 — Exemption of Lands Owned by the State or Federal Government, Subject to Non-Binding Public Hearing for Certain State Development Proposals | ||
| Zoning | ||
| Commentary: The Contents of a Zoning Ordinance | ||
| 8-201 | Zoning Ordinance | |
| Review of Plats and Plans | ||
| Commentary: Subdivision Ordinances and Subdivision Review | ||
| 8-301 | Subdivision Ordinance; Review and Approval of Subdivision by Local Government | |
| Commentary: Site Plan Review | ||
| 8-302 | Site Plan Review | |
| Commentary: Planned Unit Development | ||
| 8-303 |
Planned Unit Development |
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| Uniform Development Standards | ||
| Commentary: Uniform Development Standards | ||
| 8-401 | Uniform Development Standards | |
| Development Rights and Privileges | ||
| Commentary: Vested Right to Develop 8-96 | ||
| 8-501 | Vested Right to Develop (Two Alternatives) | |
| Alternative 1 — "Bright Line" Vesting Rule | ||
| Alternative 2 — Vested Right Upon Significant and Ascertainable Development | ||
| Commentary: Regulation of Nonconforming Uses | ||
| 8-502 | Regulation of Nonconforming Uses (Two Alternatives) | |
| Alternative 1 — Local Specification of Regulations | ||
| Alternative 2 — Direct Statutory Specifications of Regulations | ||
| Exactions, Impact Fees, and Sequencing of Development | ||
| Commentary: Development Improvements and Exactions | ||
| 8-601 | Development Improvements and Exactions | |
| Commentary: Development Impact Fees | ||
| 8-602 | Development Impact Fees | |
| Commentary: Concurrency and Adequate Public Facilities Controls | ||
| 8-603 | Concurrency; Provision of Adequate Public Facilities | |
| Commentary: Development Moratoria | ||
| 8-604 | Moratorium on Issuance of Development Permits for a Definite Term (Three Alternatives) | |
| Development Agreements | ||
| Commentary: Development Agreements | ||
| 8-197 | Development Agreements | |
Chapter 9 — Special and Environmental Land Development Regulations and Land-Use Incentives |
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| Commentary: Regulation of Critical and Sensitive Areas and Natural Hazard Areas | ||
| 9-101 | Regulation of Critical and Sensitive Areas and Natural Hazard Areas | |
| Commentary: Transportation Demand Management | ||
| 9-201 | Transportation Demand Management | |
| Commentary: Historic and Architectural Design Review | ||
| 9-301 | Historic Districts and Landmarks; Design Review | |
| Commentary: Transfer of Development Rights | ||
| 9-401 | Transfer of Development Rights | |
| Commentary: Conservation Easements; Purchase of Development Rights | ||
| 9-402 | Purchase of Development Rights | |
| 9-402.1 | Conservation Easements | |
| Commentary: Mitigation | ||
| 9-403 | Mitigation | |
| Commentary: Land-Use Incentives | ||
| 9-501 | Land-Use Incentives for Affordable Housing, Community Design, and Open Space Dedication; Unified Incentives Ordinance | |
Chapter 10 — Administration and Judicial Review of Land-Use Decisions |
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| General Provisions | ||
| 10-101 | Definitions | |
| 10-102 | Purposes | |
| 10-103 | Exemptions for Corridor Maps | |
| Unified Development Permit Review Process | ||
| 10-201 | Development Permit; Unified Permit Review Process; Inclusion of Amendment of Zoning Map | |
| 10-202 | Development Permit Applications | |
| Commentary: Completeness | ||
| 10-203 | Completeness Determination | |
| Commentary: Administrative Review | ||
| 10-204 | Administrative Review | |
| 10-205 | Notice of Record Hearing | |
| Commentary: Methods of Notice | ||
| 10-206 | Methods of Notice | |
| 10-207 | Record Hearings | |
| Commentary: Consolidated Permit Review Process | ||
| 10-208 | Consolidated Permit Review Process | |
| 10-209 | Appeals | |
| Commentary: Time Limits and Their Effect | ||
| 10-210 | Time Limits on Land-Use Decisions (Two Alternatives) | |
| 10-211 | Fees | |
| Commentary: Hearing Examiner System | ||
| 10-301 | Hearing Examiner System | |
| 10-302 | Hearing Examiner's Jurisdiction | |
| 10-303 | Decision to Recuse | |
| 10-304 | Decisions Based on Record Hearings | |
| 10-305 | Decisions Based on Record Appeals | |
| Commentary: Effect of Hearing Examiner's Decisions | ||
| 10-306 | Effect of Hearing Examiner's Decisions | |
| 10-307 | Review of Hearing Examiner Recommendations | |
| 10-308 | Filing and Publication of Hearing Examiner Decisions | |
| Land-Use Review Board | ||
| 10-401 | Land-Use Review Board Authorized | |
| 10-402 | Organization and Procedures | |
| 10-403 | Compensation, Expenses and Assistance | |
| 10-404 | Training | |
| 10-405 | Powers | |
| Administrative Actions and Remedies | ||
| Commentary: Authority to Approve | ||
| 10-501 | Authority to Approve | |
| Commentary: Conditional Uses | ||
| 10-502 | Conditional Uses | |
| Commentary: Variances | ||
| 10-503 | Variances | |
| Commentary: Mediated Agreement | ||
| 10-504 | Mediated Agreement | |
| 10-505 | Referral to Planning Commission | |
| Commentary: Imposition of Conditions | ||
| 10-506 | Conditions | |
| Commentary: Integration of Procedures | ||
| 10-507 | Procedures | |
| Judicial Review of Land-Use Decisions | ||
| 10-601 | Purposes | |
| Commentary: Exclusive Method of Judicial Review | ||
| 10-602 | Method of Judicial Review Exclusive | |
| Commentary: Judicial Review | ||
| 10-603 | Judicial Review of Final Land-Use Decisions | |
| Commentary: Exhaustion of Remedies | ||
| 10-604 | Exhaustion of Remedies | |
| Commentary: Federal Claims | ||
| 10-605 | Federal Claims | |
| 10-606 | Filing and Service of Land-Use Petition | |
| Commentary: Standing and Intervention | ||
| 10-607 | Standing and Intervention | |
| 10-608 | Required Elements in a Land-Use Petition | |
| 10-609 | Preliminary Hearing | |
| 10-610 | Expedited Judicial Review | |
| Commentary: Stays of Action 10-77 | ||
| 10-611 | Stay of Action Pending Judicial Review | |
| 10-612 | Submittal of Record for Judicial Review | |
| Commentary: Review and Supplementation of the Record | ||
| 10-613 | Review and Supplementation of the Record | |
| 10-614 | Discovery When Record Supplemented | |
| Commentary: Standards for Granting Relief | ||
| 10-615 | Standards for Granting Relief | |
| 10-616 | Decision of the Court | |
| Commentary: Definitive Relief | ||
| 10-617 | Definitive Relief | |
| 10-618 | Compensation and Damages Disclaimer | |
| Appendix — Literature on Administrative and Judicial Review of Land-Use Decisions | ||
Chapter 11 — Enforcement of Land Development Regulations |
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| General Provisions | ||
| Commentary: Enforcement Generally | ||
| 11-101 | Enforcement Generally | |
| Commentary: Adoption of Administrative Enforcement | ||
| 11-102 | Adoption of Administrative Enforcement | |
| Commentary: Election of Procedures | ||
| 11-103 | Election of Procedures | |
| Administrative Procedure | ||
| Commentary: Enforcement Notice | ||
| 11-201 | Enforcement Notice | |
| Commentary: Preliminary Order | ||
| 11-202 | Preliminary Order | |
| Commentary: Enforcement Hearings | ||
| 11-203 | Enforcement Hearings | |
| Commentary: Enforcement Order; Remedies and Penalties | ||
| 11-204 | Enforcement Order; Remedies and Penalties | |
| Judicial Procedure | ||
| Commentary: Civil Proceeding | ||
| 11-301 | Civil Proceeding | |
| Commentary: Criminal Proceeding | ||
| 11-302 | Criminal Proceeding | |
Chapter 12 — Integrating State Environmental Policy Acts with Local Planning |
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| Alternative 1 — Evaluation of Environmental Effects of the Land-Use, Housing, Transportation, and Community Facilities Elements of a Comprehensive Plan | ||
| Alternative 2 | ||
| 12-101 | Environmental Impact Statement on a Comprehensive Plan | |
| Alternative 3 | ||
| 12-101 | Environmental Requirements in Local Comprehensive Plan and Land Development Regulations | |
| Appendix A — Literature Suggesting Improvements for SEPAs | ||
| Appendix B — Overview of SEPAs | ||
Chapter 13 — Financing Required Planning |
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| Local Tax Financing of Planning | ||
| Commentary: Local Financing of Planning Activities | ||
| 13-101 | Real Property Tax to Finance Planning | |
| 13-102 | Real Property Transfer Tax to Finance Planning | |
| 13-103 | Development Excise Tax to Finance Planning | |
| 13-104 | Disposition of Revenue from Planning Taxes | |
| Financial and Technical Assistance for Planning | ||
| Commentary: Smart Growth Technical Assistance Act | ||
| 13-201 | Smart Growth Technical Assistance Act | |
Chapter 14 — Tax Equity Devices and Tax Relief Programs |
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| Regional [Metropolitan] Tax-Base Sharing | ||
| Commentary: Regional [Metropolitan] Tax-Base Sharing | ||
| 14-101 | Findings and Purpose | |
| 14-102 | Definitions | |
| 14-103 | Administering Fiscal Officer | |
| 14-104 | Assessed Valuation; Base Year and Subsequent Years | |
| 14-105 | Increases in Assessed Valuation of Commercial-Industrial Property; Computation of Excess Residential Property | |
| 14-106 | Computation of Areawide Tax Base | |
| 14-107 | Distribution of Areawide Tax Base | |
| 14-108 | Taxable Value of Component Local Units; Local and Areawide | |
| 14-109 | Levies and Mill Rates; Local and Areawide | |
| 14-110 | Miscellaneous Adjustments to Local and Areawide Rates and Levies | |
| 14-111 | Changes in Status of Qualifying Local Units | |
| 14-112 | Tax Collection and Disbursements to Qualifying Local Units | |
| 14-113 | Separability | |
| 14-114 | Effective Date | |
| Intergovernmental Agreeements | ||
| Commentary: Intergovernmental Agreement for a Joint Economic Development Zone | ||
| 14-201 | Joint Economic Development Zone | |
| Redevelopment and Tax Relief | ||
| Commentary: Redevelopment Areas | ||
| 14-301 | Redevelopment Areas | |
| Commentary: Tax Increment Financing | ||
| 14-302 | Tax Increment Financing | |
| Commentary: Tax Abatement | ||
| 14-303 | Tax Abatement | |
| Agricultural Districts | ||
| Commentary: Agricultural Districts | ||
| 14-401 | Agricultural Districts; Use Valuation of Agricultural Land | |
| Note 14 — A Note on Elementary and Secondary Public School Finance and Its Relation to Planning | ||
Chapter 15 — State Level Geographic Information Systems and Public Records of Plans, Land Development Regulations, and Development Permits |
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| Statewide Geographic Information Systems | ||
| Commentary: State-level Deographic Information Systems | ||
| 15-101 | Division of Geographic Information | |
| 15-102 | Geographic Information Advisory Board | |
| Public Records of Plans, Land Development Regulations, and Development Permits | ||
| Commentary: Public Records of Plans, Land Development Regulations, and Development Permits | ||
| 15-201 | Filing Requirements for Development Permits and Land Development Regulations Affecting Specific Lots or Parcels | |
| 15-202 | Recording Requirements for Plans and Land Development Regulations of General Applicability | |
| List of Tables | ||
| 2-1. | Pros and Cons of Requiring Different Levels of Planning | |
| 4-1. | Elements of the Civic and Management Models of State Planning | |
| 4-2. | Types of State Planning Agencies | |
| 4-3. | Typical State Plans and Their Purposes | |
| 4-4. | Methods of State Plan Adoption and Their Pros and Cons | |
| 4-5. | Policy /Plan Context of State Planning Goals | |
| 6-1. | Some Pros and Cons of Urban Growth Boundaries | |
| 6-2. | Regional Plans and Their Contents | |
| 7-1. | Voluntary Planning Organizations | |
| 7-2. | Organizing for Neighborhood Planning | |
| 7-3. | Local Comprehensive Plan Elements in Model Statutes | |
| 7-4. | Some Pros and Cons of Mandatory Local Planning | |
| 10-1. | Why Development Permitting Processes Should be Reformed | |
| 12-1. | Approaches to Integrating Land-Use Planning and Regulation with Environmental Reviews | |
| 15-1. | GIS Use in State Government | |
| Index | ||