RANDOLPH CH. 7

Smart Growth Management

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 Regulation Non-regulation

Planning

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

The Comprehensive Plan

Following the rational processConsists of “Elements”

Topic Background Goals Suggested Policies

Plans inform Implementation Makes sense Legally defensible ordinances

Regulation

Most modern land use regulation has its root in the SSZEA State Standard Zoning Enabling Act

Police PowersEminent Domain5th & 14th Amendment

Takings clause Due process Equal protection

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

Hadacheck vs Sebastian

Pennsylvania Coal vs Mahon

Nollan vs California Coastal Commission

Regulatory Tools

Zoning

Subdivision

Overlays

TDRs

Urban Growth Boundaries

Zoning

Based on Use Use regulations Intensity regulations Bulk regulations

Zoning Districts

Subdivision

Dividing large parcels into smaller lots Legal considerations Land improvement considerations Impact fees / exactions

Urban Growth Boundaries

A “line in the sand”Boulder, COPortland, OR

Dictating urban infill developmentProscribing rural development

Non-regulatory tools

Infrastructure (capital improvement plans)Tax policiesLand Acquisition

Conservation easements Mitigation banking Purchase of development rights