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Smart Growth Management

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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  1. Smart Growth Management Randolph ch. 7

  2. Smart Growth • Informal • Formal • Maryland • “Incentives” of Smart Growth

  3. 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

  4. Planning • A mix of technical and political considerations • Planning intelligence • Long Range Planning • District planning • Functional planning • Implementation plans

  5. The Comprehensive Plan • Following the rational process • Consists of “Elements” • Topic • Background • Goals • Suggested Policies • Plans inform Implementation • Makes sense • Legally defensible ordinances

  6. 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

  7. 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

  8. Case Law Hadacheckvs Sebastian Pennsylvania Coal vs Mahon Nollanvs California Coastal Commission

  9. Regulatory Tools Zoning Subdivision Overlays TDRs Urban Growth Boundaries

  10. Zoning • Based on Use • Use regulations • Intensity regulations • Bulk regulations • Zoning Districts

  11. Subdivision • Dividing large parcels into smaller lots • Legal considerations • Land improvement considerations • Impact fees / exactions

  12. Urban Growth Boundaries A “line in the sand” Boulder, CO Portland, OR Dictating urban infill development Proscribing rural development

  13. Non-regulatory tools • Infrastructure (capital improvement plans) • Tax policies • Land Acquisition • Conservation easements • Mitigation banking • Purchase of development rights

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