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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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Presentation Transcript
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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