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Author: Mary E. Brooks Publisher: ISBN: Category : City planning and redevelopment law Languages : en Pages : 64
Book Description
This report examines the use of dedication or fees-in-lieu provisions for imposing the costs of parks an schools in new subdivisions on the developers.
Author: Mary E. Brooks Publisher: ISBN: Category : City planning and redevelopment law Languages : en Pages : 64
Book Description
This report examines the use of dedication or fees-in-lieu provisions for imposing the costs of parks an schools in new subdivisions on the developers.
Author: Arthur C. Nelson Publisher: Taylor & Francis ISBN: 1000782913 Category : Architecture Languages : en Pages : 563
Book Description
After decades of evolving practice often tested in court, development impact fees have become institutionalized in the American planning and local government finance systems. But, they remain contentious, especially as they continue to evolve. This book is the third in a series of impact fee guidebooks for practitioners, following A Practitioner’s Guide to Development Impact Fees and Impact Fees: Proportionate Share Development Fees. Proportionate Share Impact Fees and Development Mitigation is the culmination of the authors’ careers devoted to pioneering applications of the dual rational nexus test. That test requires (1) establishing the rational nexus between the need for infrastructure, broadly defined, to mitigate the impacts of development and (2) ensuring that development mitigating its infrastructure impacts benefits proportionately. The book elevates professional practice in two ways. First, it shows how the rational nexus test can be applied to all forms of development infrastructure impact mitigation. Second, it establishes the link between professional ethics and equity as applied to proportionate share impact fees and development mitigation. The book is divided into four parts, with the first reviewing policy and legal foundations, the second detailing the planning, calculation, and implementation requirements, the third exploring economic, ethical, and equity implications, and the fourth presenting state-of-the-art case studies. Proportionate Share Impact Fees and Development Mitigation sets new standards for professional practice.
Author: Arthur C. Nelson Publisher: CRC Press ISBN: 1351411977 Category : Technology & Engineering Languages : en Pages : 194
Book Description
This book presents a comprehensive method by which to determine the proportionate share of the costs and revenues generated by the development of new water, wastewater, and stormwater facilities. It presents a rational, legally defensible approach to assessing charges based on the use of new and existing facilities to support new system development. Written by a consultant who has helped hundreds of communities deal with how to pay for growth, the book is designed for all communities presently engaged in calculating and administering charges for new development, as well as those planning for future growth.
Author: Robert H. Freilich Publisher: Routledge ISBN: 1351177362 Category : Architecture Languages : en Pages : 447
Book Description
A major revision of a classic planning text. This book contains a complete model subdivision ordinance for city and county governments as well as more than 100 pages of legal commentary. The model regulations are generally compatible with all state statutes and work in urban, suburban, and rural settings. They show how communities can finance capital facilities, balance new development with existing surroundings, avoid exposure to the legal pitfalls of takings and substantive due process claims, and much more. Two new chapters cover public facilities impact fees and land readjustment. The chapter on impact fees includes a section on regulatory takings law that looks at how prominent U.S. Supreme Court cases have affected property rights, development, and regulation. Each section of the model regulations is followed by insightful commentary that supports, annotates, and documents the text. The authors explore the rationale for using various regulations, basing their arguments on existing statutory authority, case law, and federal constitutional requirements. The commentary identifies and explains changes from the original model regulations. Whether you're drafting new regulations or considering amendments to existing ones, you'll find Model Subdivision Regulations to be an invaluable reference.
Author: Jr. Williams Publisher: Taylor & Francis ISBN: 1351532634 Category : Political Science Languages : en Pages : 862
Book Description
The materials in American Land Planning Law are derived from decades of experience in teaching planning law at six planning schools and three law schools. Among the hypotheses included here, two are clearly vindicated in the reading. The first involves basic tenets in the approach referred to as "legal realism"—that courts play a major role in policy formation. A second hypothesis is implicit in the basic organizational principle of these materials, that planning problems arise from land use conflicts, and further, that courts have adopted distinctive policies on these conflicts. Norman Williams' organizational format is unique. The notes provided after each case have been omitted, due to a repetition that would result from what has already been said in the text. Instead, a list of questions is provided for the student to ponder, plus occasionally a necessary background, in order to focus attention on the essential turning point in each case. Williams also provides a complete list of cross-references to all standard treatises in the field, for those who wish to explore commentators' thoughts on the subject. The scope of these materials provides an exploration of the substantive problems involved in land use law, and the legal techniques which have been evolved to deal with them. The definition of this field of law as embodied in these materials focuses on urban and suburban planning problems. A quite artificial distinction between land use law and environmental law has been observed. This is an essential text containing important land use cases and should be read by all legal analysts, urban theorists and planners, and public policymakers.
Author: Jerome G. Rose Publisher: Routledge ISBN: 1351509055 Category : Law Languages : en Pages : 561
Book Description
Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.
Author: Author C Nelson Publisher: Routledge ISBN: 1351178776 Category : Architecture Languages : en Pages : 432
Book Description
This is the only impact fee book you'll need for the next decade or longer! This comprehensive reference book updates the popular, pioneering works on impact fees by introducing new methodologies, concepts, applications, and theories. The authors contend that it's time to go beyond narrowly defined impact fees to proportionate-share development fees broadly applied to publicly provided facilities and services and their operation. Impact fees are one-time charges applied to new development to generate revenue for the construction or expansion of capital facilities outside the boundaries of the new development for system improvements engendered by the new development. At least that was the traditional use of impact fees. A generation ago, they were generally not used legally for the operation, maintenance, repair, alteration, or replacement of capital facilities; for social purposes such as affordable housing and daycare; or for "green" purposes such as habitat preservation. This book updates impact fee law, practice, and applications, and breaks new ground by showing how the impact fee logic of proportionate share can be used for these and other purposes. Through actual ordinances, summaries of technical reports, numerous case studies, and model ordinances and codes, readers will learn how to design and implement a proportionate-share development fee program. This is essential reading for anyone interested in impact fees.
Author: Mary E. Brooks
Author: Mary E. Brooks
Author: Emily Regnier
Author: United States. Advisory Commission on Intergovernmental Relations
Author: Arthur C. Nelson
Author: Arthur C. Nelson
Author: Robert H. Freilich
Author: Jr. Williams
Author: Ronald Kaiser
Author: Jerome G. Rose
Author: Author C Nelson