Smart growth management
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Smart Growth Management. Randolph ch . 7. Smart Growth. Informal Formal Maryland “Incentives” of Smart Growth. Planning and (non) Planning. Planning is not Plan Implementation Planning creates plans Implementation is what happens to plans Comprehensive Planning Implementation Tools

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Smart Growth Management

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Smart growth management

Smart Growth Management

Randolph ch. 7


Smart growth

Smart Growth

  • Informal

  • Formal

    • Maryland

    • “Incentives” of Smart Growth


Planning and non planning

Planning and (non) Planning

  • Planning is not Plan Implementation

    • Planning creates plans

    • Implementation is what happens to plans

  • Comprehensive Planning

  • Implementation Tools

    • Regulation

    • Non-regulation


Planning

Planning

  • A mix of technical and political considerations

    • Planning intelligence

    • Long Range Planning

    • District planning

    • Functional planning

    • Implementation plans


The comprehensive plan

The Comprehensive Plan

  • Following the rational process

  • Consists of “Elements”

    • Topic

    • Background

    • Goals

    • Suggested Policies

  • Plans inform Implementation

    • Makes sense

    • Legally defensible ordinances


Regulation

Regulation

  • Most modern land use regulation has its root in the SSZEA

    • State Standard Zoning Enabling Act

  • Police Powers

  • Eminent Domain

  • 5th & 14th Amendment

    • Takings clause

    • Due process

    • Equal protection


Takings

Takings

  • Physical takings

    • Cut and dry

  • Regulatory takings

    • Messy

    • Key question:

      • At what point does the proper use of police powers cross the line into confiscation?

    • Denial of “Reasonable Use”

    • Essential (or Rational) Nexus

    • Rough Proportionality


Case law

Case Law

Hadacheckvs Sebastian

Pennsylvania Coal vs Mahon

Nollanvs California Coastal Commission


Regulatory tools

Regulatory Tools

Zoning

Subdivision

Overlays

TDRs

Urban Growth Boundaries


Zoning

Zoning

  • Based on Use

    • Use regulations

    • Intensity regulations

    • Bulk regulations

  • Zoning Districts


Subdivision

Subdivision

  • Dividing large parcels into smaller lots

    • Legal considerations

    • Land improvement considerations

    • Impact fees / exactions


Urban growth boundaries

Urban Growth Boundaries

A “line in the sand”

Boulder, CO

Portland, OR

Dictating urban infill development

Proscribing rural development


Non regulatory tools

Non-regulatory tools

  • Infrastructure (capital improvement plans)

  • Tax policies

  • Land Acquisition

    • Conservation easements

    • Mitigation banking

    • Purchase of development rights


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