Reviewing Tabors’ Land Use and the Pipe

1. Reviewing Tabors’ Land Use and the Pipe • What are the central points of Land Use and the Pipe (1976)? --“The provision of sewerage facilities has had and will continue to have a significant impact upon land use and development, particularly at the urban fringe.” --“If expansion of sewerage facilities is planned and directed, this planned expansion can become a major tool for land use control within the community.” --“Where sewerage planning has traditionally been the responsibility of the civil and sanitary engineer, we believe that the planner must now assume a significant role in this process if phased and directed growth is to occur at the urban fringe.”

2. Reviewing Tabors’ Land Use and the Pipe • What is the central point of the book Land Use and the Pipe? What evidence do the authors present to support their main conclusions? • The authors distinguish between a) Structural and Financial policy options and b) Restrictive and Incentive policy options. What are these distinctions? What types of policies fall under these headings?

3. Infrastructure/Land Use Policy Options TYPE OF ACTION Restrictive(Control thru denial) Incentive(Control thru encouragement) MODE OF OPERATION 1) Moratoria2) Refusal to Sewer3) Urban Service Areas4) Selection/Location of Facilities5) Facility Sizing6) Detailed Staging Policies 1) Facility Sizing2) Density bonuses3) Preferential Assessment4) Urban Service Areas5) Selection of Facilities6) Detailed Staging Policies Physical/ Structural 1) TDR2) Purchase of DR3) Connection Fees4) User Charges (Marginal Costing)5) Developer Financing of Infra 1) Beneficial Assessments a) Lower Hookup Charges for higher densities b) Lower User Charges for priority areas2) User Charges (Average Costing) Financial

4. Reviewing Tabors’ Land Use and the Pipe • What are the central points of the book Land Use and the Pipe? • The authors distinguish between a) Structural and Financial policy options and b) Restrictive and Incentive policy options. What are these distinctions? What types of policies fall under these headings? • In Chapter 4, the authors list some characteristics of the most successful infrastructure policies. What are some of these?

5. Characteristics of the Most Successful Infrastructure Policies (Tabors Chapter 4) • Include a combination of Restrictive and Incentive Policies* *Sewer Moratoria is not a land use control policy • Include a combination of Financial and Physical (Structural) Policies • 3. Apply Policies at the Regional Level • 4. A centralized sewer management authority with broad financing and service provision powers is required for success.

6. Reviewing Tabors’ Land Use and the Pipe • What are the central points of the book Land Use and the Pipe? • The authors distinguish between a) Structural and Financial policy options and b) Restrictive and Incentive policy options. What are these distinctions? What types of policies fall under these headings? • In Chapter 4, the authors list some characteristics of the most successful infrastructure policies. What are some of these? • What are the major conclusions of the “Interceptor Sewers Report” as discussed in Chapter 5?

7. Conclusions of the Interceptor Sewers Report (Tabors Chapter 5) 1. Provide no federal and state funds for excess capacity. Why? 2. In fast growing areas lower the planning time horizon for sewerage facilities. Why? 3. Use realistic standards for per capita flow.For example, Fairfax County used 360 gallons per household per day, which assumed 3.6 persons per HH, above the average HH size of the time). 4. Improve population forecasting techniques because population forecasts drive facility provision.(URP 5261 (Forecasting) is important?!?!) 5. Require consideration of full range of effects of sewerage choices. For example, fully disclose the environmental and fiscal impacts of different sewerage choices.

8. Reviewing Tabors’ Land Use and the Pipe • What is the central point of the book Land Use and the Pipe? What evidence do the authors present to support their main conclusions? • The authors distinguish between a) Restrictive and Incentive policy options and b) Structural and Financial policy options. What are these distinctions? What types of policies fall under these headings? • In Chapter 4, the authors list some characteristics of the most successful infrastructure policies. What are some of these? • What are the major conclusions of the “Interceptor Sewers Report” as discussed in Chapter 5? • What legal issues must planners be aware of when attempting to control growth through sewer provision?

9. Sewerage and Land Use: The Legal Context • Major Constitutional Issues • 1. U.S. Constitution’s Fifth Amendment: No government taking without just compensation. • --Courts have decreed that growth controls that are too strict (moratoria) can have the effect of taking the economic value of a property. • --It is illegal to “prohibit growth” • 2. U.S. Constitution’s Fifth and Fourteenth Amendments: Due Process • --County or city cannot exercise its police power in an “arbitrary, unreasonable, and capricious manner” • --Any exercise of the police power must be related to the health, safety, or general welfare of the public.

10. The Legal Context Continued • Three Key Distinctions • 1. Is a policy enacted because existing service is over capacity? • --If over capacity, sewer moratoria have been found to be legal and growth can be checked for a period of time. • --“Sewer is full” can be applied only when equally and fairly applied, on a temporary basis, with all due speed to rectifying the problem. • 2. Has a policy been enacted in response to utility or land use concerns? • --Utility based denials (a project will not support the costs of the infrastructure investments) have been supported as a valid reason for denial of service. • 3. Does the program prohibit growth or slow growth? • --Prohibiting growth is simply illegal. • --Slowing growth is legal when applied fairly and equally.

11. The Legal Context Finished • A Review of Case Law Reveals • The concept of “Public Welfare” is sufficiently broad to enable a city to employ police powers to ensure that a community grows at an orderly pace and in a desirable form. • Exercising Police Power (restricting growth) is legal when done in a planned and reasonable manner clearly tied to the public welfare. • Prohibiting growth is not allowed. • Growth control measures must be intended to control the timing and location of development. Ongoing growth must still be possible. • The terms arbitrary, unreasonable, and capricious are key! • Serviced areas must be served equally.