Growing Smart Legislative Guidebook

States and their local governments have practical tools to help combat urban sprawl, protect farmland, promote affordable housing, and encourage redevelopment. They appear in the American Planning Association's Growing Smart Legislative Guidebook: Model Statutes for Planning and the Management of Change, 2002 Edition.

Stuart Meck, FAICP, Gen. Editor
Table of Contents
Preface 1-15
Forward and Acknowledgments
Introduction
Chapter 1 — Initiating Planning Statute Reform
Commentary: Model Legislation and Executive Orders for Initiating Planning Statute Reform
Alternative 1 — Study Commission Composed of State Legislators and State Department Head
1-101 Creation of Planning and Land-Use Legislative Study Commission; Membership; Reimbursement for Expenses
1-102 Functions and Duties; Public Hearings; Interim and Final Reports; Recommended Legislation
1-103 Staff and Consulting Support; Application for and Acceptance of Gifts and Grants
1-104 Advisory Committees; Cooperation of State Departments and Agencies
1-105 Appropriation of Funds
1-106 Commission to Expire Unless Extended
Alternative 2 — Independent Study Commission Composed of State Legislators, a State Department Head, and Citizen Representatives
1-201 Creation of Planning and Land-Use Legislative Study Commission; Membership; Reimbursement for Expenses
1-202 Functions and Duties; Public Hearings; Interim and Final Reports; Recommended Legislation
1-203 Staff and Consulting Support; Application for and Acceptance of Gifts and Grants
1-204 Advisory Committees; Cooperation of State Departments and Agencies
1-205 Appropriation of Funds
1-206 Commission to Expire Unless Extended
Alternative 3 — Permanent Joint Legislative Study Committee on Planning, Land Use, and Growth Management
1-301 Creation of Joint Legislative Study Committee on Planning, Land Use, and Growth Management; Membership; Vacancies; Reimbursement for Expenses; Quorum
1-302 Functions and Duties of Committee; Powers
1-303 Staff and Consulting Support; Executive Secretary
1-304 Annual Report; Other Reports
1-305 Appropriation of Funds
Alternative 4 — Executive Order No. ______ Establishing a State Interagency Planning and Land-Use Task Force [and Advisory Committee] Appointed by the Governor
Alternative 5 — Executive Order No. ______ Establishing an Independent [Growth Strategies] Study Commission Appointed by the Governor
Chapter 2 — Purposes and Grant of Power
Commentary: Purposes of Planning
2-101 Purposes (Four Alternatives)
Alternative 1 — Planning as an Advisory Activity
Alternative 2 — Planning as an Activity to be Encouraged Through the Use of Incentives
Alternative 3 — Planning as a Mandatory Activity
Alternative 4 — Planning as a Mandatory Activity; to be Vertically and Horizontally Integrated
Commentary: Addressing Statewide Planning Interests
2-102 State Interests for Which Public Entities Shall Have Regard
Commentary: Delegation of Power
2-103 Grant of Power
Chapter 3 — Definitions
3-101 Definitions
Chapter 4 — State Planning
State Planning Agency Organization
Commentary: Types of State Planning Agencies
4-101 State Planning Agency [Five Alternatives]
Alternative 1 — State Planning Office
Alternative 2 — State Planning Department
Alternative 3 — State Planning Commission; Creation, Powers
Alternative 4 — Cabinet Coordinating Committee
Alternative 5 — Planning Division within the Department of Development
Commentary: Functions and Duties of the State Planning Agency
4-102 Functions and Duties of the State Planning Agency
Commentary: Rule-Making Authority
4-103 Authority to Adopt Rules, Issue Orders, and Promulgate Guidelines
Commentary: Biennial Report
4-104 Biennial Report
State Plans
Commentary: State Futures Commission and State Strategic Futures Plan
4-201 State Futures Commission; State Futures Plan
Commentary: State Agency Strategic Plan of Operation
4-202 State Agency Strategic Plan of Operation
Commentary: State Comprehensive Plan
4-203 State Comprehensive Plan
Commentary: State Land Development Plan
4-204 State Land Development Plan
Commentary: State Biodiversity Conservation Plan
4-204.1 State Biodiversity Conservation Plan
Functional Plans
Commentary: State Transportation Plan
4-205 State Transportation Plan
Commentary: State Economic Development Plan
4-206 State Economic Development Plan
Commentary: State Telecommunications and Information Technology Plan
4-206.1 State Telecommunications and Information Technology Plan
Commentary: State Housing Plan
4-207 State Housing Plan; Housing Advisory Committee; Annual Progress Report
Commentary: State Planning for Affordable Housing (Two Alternatives)
4-208 State Planning for Affordable Housing (Two Alternatives)
Alternative 1 — A Model Balanced and Affordable Housing Act
4-208.1 Findings and Purposes
4-208.2 Intent
4-208.3 Definitions
4-208.4 Creation and Composition of Balanced and Affordable Housing Council
4-208.5 Organization of the Council
Alternative 1A — Strong Council with No Regional Planning Agency Involvement
4-208.6 Functions and Duties of the Council
Alternative 1B — Functions and Duties of the Council and Regional Planning Agencies
4-208.6 Functions and Duties of the Council and Regional Planning Agencies
4-208.7 Appointment of Council Executive Director; Hire by Contracts; Purchases and Leases; Maintenance of Public Records
Alternative 1A — Action by Council
4-208.8 Council Designation of Housing Regions; Determination of Present and Prospective Housing Need; Regional Fair-Share Allocations; Adoption of Need Estimates and Allocations
Alternative 1B — Actions by Council and Regional Planning Agency
4-208.8 Council Designation of Housing Regions; Preparation of Estimates of Present and Prospective Housing Need; Preparation of Regional Fair-Share Allocation Plan by Regional Planning Agency; Adoption of Plan; Review and Approval of Plan by Council
4-208.9 Contents of a Housing Element
4-208.10 Submission of Housing Element to [Council or Regional Planning Agency]
4-208.11 Notice of Submission
4-208.12 Objection to a Housing Element; Mediation
4-209 Workshops and Public Hearings
Commentary: Adoption of Plans
4-210 Adoption of Plans (Four Alternatives)
Alternative 1 — By Executive Order
Alternative 2 — By Action of the Governor and State Legislature
Alternative 3 — By Action of a State Board or Commission
Alternative 4 — by Action of a State Agency Head
Commentary: Certification of Plan to State Agencies, Regional Agencies, and Local Governments
4-211 Certification of Plan; Availability for Sale
Commentary: Effect of State Plans on State Agencies; Interagency Coordination
4-212 Effect of State Plans on State Agencies; Interagency Coordination (Two Alternatives)
Alternative 1 — Agency Takes State Plan Into Consideration
Alternative 2 — Agency Required to Observe Strict Consistency
4-213 Effect of State Plans on Regional and Local Agencies — See Sections 7-402.1 to 7-402.5
4-214 Resolution of Conflict Between State, Regional, and Local Plans; Certification — See Sections 7-402.1 to 7-402.5
State Capital Budget and Capitals Improvement Program
Commentary: State Capital Budget and Capital Improvement Program
4-301 Definitions
4-302 Submission of State Capital Budget and Capital Improvement Program
4-303 Contents of State Capital Budget and Capital Improvement Program
4-304 Participation by Cooperation of State Agencies
Smart Growth Act
Commentary: Smart Growth Act
4-401 Smart Growth Act 4-129
Note 4A — A Note on State Planning Goals 4-138
Note 4B — A Note on State Planning Approaches to Promote Affordable Housing 4-148
Chapter 5 — State Land-Use Control
Siting State Facilitites
Commentary: A Model for Siting State Facilities
5-101 Purpose
5-102 Definitions
5-103 Preparation of Proposed Statement of Needs; State Facilities Map
5-104 Submission of Proposed Statement of Needs to State Legislature; Adoption
5-105 Establishment of Criteria for Siting or Expanding State Facilities
5-106 Establishment of Criteria for Closing or Reducing State Facilities
5-107 Publication and Adoption of Rules
5-108 Notice and Public Hearings
5-109 Review of Proposal and Decision by State Agency
5-110 Appeals
Areas of Critical State Concern
Commentary: Areas of Critical State Concern
5-201 Purposes
5-202 Designation of Areas of Critical State Concern, Generally
5-203 Criteria for Designation of Areas of Critical State Concern
5-204 Initiating the Designation of an Area of Critical State Concern
5-205 Preparation of a Draft Proposal for Designation of an Area of Critical State Concern
5-206 Public Hearings on Draft Proposal for Designation of an Area of Critical State Concern
5-207 Final Proposal for Designation of an Area of Critical State Concern
5-208 Recordation of Designation
5-209 State and Local Regulation and Local Plans in Areas of Critical State Concern; Availability of Grants to Local Governments
5-210 Interim Regulation of Development and Plans
5-211 Development Permission in Areas of Critical State Concern
5-212 Amendment of Regulations and Plans
5-213 Withdrawal of Areas of Critical State Concern
5-214 Judicial Review of Agency Decisions
Developments of Regional Impact
Commentary: Procedures for Regulating Developments of Regional Impact
5-301 Statement of Purpose; Source of Authority
5-302 Definitions
5-303 Statewide Standards, Criteria, and Thresholds
5-304 Variations in Thresholds
5-305 Determination of DRI Status
5-306 Submittal of DRI Application (Two Alternatives)
Alternative 1 — Host Local Government as Primary Reviewing Body
Alternative 2 — Regional Planning Agency as Primary Reviewing Agency
5-307 Review and Recommendations of Interested Agencies and Entities
5-308 Notice and Public Hearings
5-309 Review of DRI Application
5-310 Issuance of Decision
5-311 Amendments
5-312 Enforcement
5-313 Exemptions
5-314 Development Agreements
5-315 Appeals
Note 5 — A Note on New York City's "Fair-Share" Process 5-69
Chapter 6 — Regional Planning
Organizational Structure
Commentary: Regional Planning Agencies 6-17
6-101 Creation of Regional Planning Agency; Boundaries of Regional Planning Agency; Interstate Regional Planning (Two Alternatives)
Alternative 1 — Voluntary Creation of Regional Planning Agency
Alternative 2 — Mandate Creation of Regional Planning Agency
Commentary: Composition of Regional Planning Agency
6-102 Composition of Regional Planning Agency; Finances; State Representation; Representation of Federal Military Installations and Facilities (Two Alternatives)
Alternative 1 — Permissive Composition and Membership of Regional Planning Agency
Alternative 2 — Mandated Composition and Membership of Regional Planning Agency by Local Elected Officials, Appointees of the Governor, and State Agency Representatives
Commentary: Voting 6-27
6-103 Voting; Provision for Proportional Voting
6-104 Chair; Other Officers and Committees; Frequency of Meetings; Reports of Committees
Commentary: Rule-Making Authority
6-105 Rule-Making Authority (Two Alternatives)
Alternative 1 — Simple Rule-Making Authority
Alternative 2 — Detailed Rule-Making Authority
6-106 Appointment and Responsibilities of Executive Director; Contracts, Purchases, and Leases
Commentary: Powers and Duties of a Regional Planning Agency
6-107 Powers and Duties of a Regional Planning Agency
6-108 Biennial Report
Plan Preparation
Commentary: Regional Comprehensive Plan
6-201 Preparation of Regional Comprehensive Plan (Two Alternatives)
Alternative 1 — Regional Comprehensive Plan as an Advisory Document
Alternative 2 — Regional Comprehensive Plan as a Document to Integrate State, Regional and Local Interests
Commentary: Urban Growth Areas
6-201.1 Urban Growth Areas [Optional]
Commentary: Preparation of Regional Functional Plans
6-202 Commentary: Preparation of Regional Functional Plans
Commentary: Regional Housing Plan
6-203 Regional Housing Plan
Commentary: Preparation of Regional Transportation Plan
6-204 Regional Transportation Plan
Procedures for Plan Review and Adoption
Commentary: Public Review and Hearings on Regional Plans (Two Alternatives)
6-301 Workshops and Public Hearings (Two Alternatives)
Alternative 1 — Simple Procedure
Alternative 2 — Detailed Procedure
6-302 Resolving Potential Conflicts Among State, Regional, and Local Plans — See Sections 7-402.1 to 7-402.5)
Commentary: Adoption of Regional Plans
6-303 Adoption of Regional Plans
6-304 Certification of Regional Plan; Availability for Purchase
6-305 Adoption of Plans by Local Governments, Special Districts, and Other Governments
Relationships and Agreements with Other Units of Governement
Commentary: Reviewing Plans and Major Capital Facility Projects
6-401 Effects of Regional Plans on State Agencies, Local Governments, and Special Districts; Review of Plans and Major Capital Facility Projects of Extra- jurisdictional or Regional Significance
Commentary: Agreements with Other Governmental Units
6-402 Regional Planning and Coordination Agreements
6-403 Urban Service Agreements
Miscellaneous Provisions
6-501 Withdrawal from Regional Planning Agency
6-502 Dissolution of [Regional Planning Agency]
6-503 State Aid to [Regional Planning Agency]
Designation of Regional Planning Agency As Substitute District Organization
Commentary: Designation of Regional Planning Agency as Substate District Organization
6-601 Delineation of Substate Districts
6-602 Designation of Substate District Organization
6-603 State Agency Use of Substate District Boundaries
6-604 Effect of Designation on Substate District Organization
Note 6A — A Note on Weighted Voting Procedures
Note 6B — A Note on Urban Growth Areas and Regional Planning
Note 6C — A Note on Existing Regional Plans
Chapter 7 — Local Planning
General Provisions
7-101 Definitions
7-102 Establishment of Local Planning Agency
7-103 Powers of Local Planning Agency
7-104 Rule-Making Authority
Organizational Structure
Commentary: Local Planning Commission
7-105 Establishment of Local Planning Commission (Three Alternatives)
Alternative 1A — All appointed citizens; no constituency representatives
Alternative 1B — All appointed citizens; constituencies represented
Alternative 2 — Appointed members and elected officials
Alternative 3 — Appointed members, administrative officials, and elected officials
7-106 Powers and Duties of Local Planning Commission
7-107 Annual Reports of Local Planning Agency and Local Planning Commission
Commentary: Neighborhood Designation, Neighborhoods Planning Councils, Neigborhood and Community Organizations
7-108 Designation of Neighborhoods
7-109 Neighborhood Planning Councils
7-110 Neighborhood and Community Organizations; Recognition
The Local Comprehensive Plan
7-201 Local Comprehensive Plan; Purposes
7-202 Specifications for Plan Elements and Supporting Studies: Economic, Demographic, and Related Assumptions; Mandatory and Optional Elements; Opt-Out Provisions; Joint Plan or Plan Element Preparation
Required Elements
Commentary: Issues and Opportunities Element
7-203 Issues and Opportunities Element
Commentary: Land-Use Element
7-204 Land-Use Element
Commentary: Monitoring Land Markets
7-204.1 Land Market Monitoring System [Optional, but Required if Urban Growth Areas are Required]
Commentary: Transportation Element
7-205 Transportation Element
Commentary: Community Facilities Element
7-206 Community Facilities Element
Commentary: Telecommunications
7-206.1 Telecommunications Component
Commentary: Housing Element
7-207 Housing Element (Two Alternatives)
Alternative 1 — A General Housing Element
Alternative 2 — A Housing Element Intended to Satisfy a Local Government's Fair-Share Obligation
Commentary: Economic Development Element
7-208 Economic Development Element [Opt-Out Provision Applies]
Commentary: Critical and Sensitive Areas Element
7-209 Critical and Sensitive Areas Element [Opt-Out Provision Applies]
Commentary: Natural Hazards Element
7-210 Natural Hazards Element [Opt-Out Provision Applies]
Commentary: Program of Implementation
7-211 Program of Implementation
Optional Elements
Commentary: Agriculture, Forest, and Scenic Preservation Element
7-212 Agriculture, Forest, and Scenic Preservation Element
Commentary: Human Services Planning
7-213 Human Services Element
Commentary: Community Design Planning
7-214 Community Design Element
Commentary: Historic Preservation Planning
7-215 Historic Preservation Element
7-216 [Other]
Subplans
Commentary: Neighborhood Plans
7-301 Neighborhood Plans
Commentary: Transit-Oriented Development
7-302 Transit-Oriented Development Plan
Commentary: Planning Redevelopment Areas
7-303 Redevelopment Area Plan
7-304 [Other Subplans — For Future Expansion]
Procedures for Plan Review, Adoption, and Amendment
Commentary: Public Participation and Public Hearings
7-401 Public Participation and Public Hearings
State Review and Approval Procedures
Commentary: Comprehensive Plan Appeals Board
7-402.1 Comprehensive Plan Appeals Board
Commentary: Approval of Regional and Local Plans by the State
7-402.2 Review and Approval of Regional and Local Comprehensive Plans and Significant Amendments
Commentary: Appeal of Urban Growth Area Designation
7-402.3 Appeal of Determination Regarding Urban Growth Area Designation
Commentary: Procedures for Authorizing State and Special District Projects Not Included in Approved Regional or Local Comprehensive Plan
7-402.4 State, Special District, and School District Projects Not Included in Approved Regional and Local Comprehensive Plans; Review by Comprehensive Plan Appeals Board
Commentary: Financial Incentive to Prepare a New Plan
7-402.5 Submission of Plans Under This Act; Withholding of Grant Money
Commentary: Adoption, Amendment, and Recordation of Local Comprehensive Plans
7-403 Adoption of Local Comprehensive Plan
7-404 Certification, Filing, and Recordation of Local Comprehensive Plans; Availability for Purchase; Computer Access to Plans
7-405 Amendment of Local Comprehensive Plans
Commentary: Periodic Review and Revision of the Local Comprehensive Plan and Land Development Regulations
7-406 Periodic Review and Revisions of the Local Comprehensive Plan and Land Development Regulations
Implementation; Agreements with Other Government and Nonprofit Organizations
Commentary: Corridor Maps
7-501 Corridor Map
Commentary: Local Capital Improvement Program and Capital Budget
7-502 Local Capital Improvement Program; Adoption of Local Capital Budget
Commentary: Implementation Agreements
7-503 Implementation Agreements
Commentary: Benchmarking in Local Comprehensive Plans
7-504 Benchmarks; Reporting Requirements
Note 7A — A Note on Neighborhood Plans
Appendix — List of Neighborhood Plans Reviewed (by Chronology)
Note 7B — A Note on Comprehensive Planning Requirements in State Statutes
Chapter 8 — Land Development Regulations
General Provisions
8-101 Definitions
Commentary: Authority to Adopt Land Development Regulations
8-102 Authority to Adopt Land Development Regulations; Purposes; Presumption of Validity
8-103 Adoption and Amendment of Land Development Regulations; Notice and Hearing
Commentary: Gauging Regulatory Consistency with a Local Comprehensive Plan
8-104 Consistency of Land Development Regulations with Local Comprehensive Plan
Commentary: Relationship of Land Development Regulations with Other State and Federal Programs
8-105 Relationship of Land Development Regulations with Other Federal and State Laws, Regulations, Programs, and Plans; Maintenance of List by the State Planning Agency
Commentary: Federal and State Exemption from Local Land Development Regulations
8-106 Federal and State Exemption from Local Land Development Regulations (Four Alternatives)
Alternative 1 — Complete Exemption of Lands Owned by the Federal Government, But No Exemption for Lands Owned or Leased by the State and Certain Other Public Agencies When the Local Comprehensive Plan has been Approved by the State
Alternative 2 — Complete Exemption of Land Owned by the Federal Government, But No Exemption for Lands Owned by the State
Alternative 3 — Complete Exemption of Lands Owned by the State or Federal Government
Alternative 4 — Exemption of Lands Owned by the State or Federal Government, Subject to Non-Binding Public Hearing for Certain State Development Proposals
Zoning
Commentary: The Contents of a Zoning Ordinance
8-201 Zoning Ordinance
Review of Plats and Plans
Commentary: Subdivision Ordinances and Subdivision Review
8-301 Subdivision Ordinance; Review and Approval of Subdivision by Local Government
Commentary: Site Plan Review
8-302 Site Plan Review
Commentary: Planned Unit Development
8-303

Planned Unit Development

Uniform Development Standards
Commentary: Uniform Development Standards
8-401 Uniform Development Standards
Development Rights and Privileges
Commentary: Vested Right to Develop 8-96
8-501 Vested Right to Develop (Two Alternatives)
Alternative 1 — "Bright Line" Vesting Rule
Alternative 2 — Vested Right Upon Significant and Ascertainable Development
Commentary: Regulation of Nonconforming Uses
8-502 Regulation of Nonconforming Uses (Two Alternatives)
Alternative 1 — Local Specification of Regulations
Alternative 2 — Direct Statutory Specifications of Regulations
Exactions, Impact Fees, and Sequencing of Development
Commentary: Development Improvements and Exactions
8-601 Development Improvements and Exactions
Commentary: Development Impact Fees
8-602 Development Impact Fees
Commentary: Concurrency and Adequate Public Facilities Controls
8-603 Concurrency; Provision of Adequate Public Facilities
Commentary: Development Moratoria
8-604 Moratorium on Issuance of Development Permits for a Definite Term (Three Alternatives)
Development Agreements
Commentary: Development Agreements
8-197 Development Agreements
Chapter 9 — Special and Environmental Land Development Regulations and Land-Use Incentives
Commentary: Regulation of Critical and Sensitive Areas and Natural Hazard Areas
9-101 Regulation of Critical and Sensitive Areas and Natural Hazard Areas
Commentary: Transportation Demand Management
9-201 Transportation Demand Management
Commentary: Historic and Architectural Design Review
9-301 Historic Districts and Landmarks; Design Review
Commentary: Transfer of Development Rights
9-401 Transfer of Development Rights
Commentary: Conservation Easements; Purchase of Development Rights
9-402 Purchase of Development Rights
9-402.1 Conservation Easements
Commentary: Mitigation
9-403 Mitigation
Commentary: Land-Use Incentives
9-501 Land-Use Incentives for Affordable Housing, Community Design, and Open Space Dedication; Unified Incentives Ordinance
Chapter 10 — Administration and Judicial Review of Land-Use Decisions
General Provisions
10-101 Definitions
10-102 Purposes
10-103 Exemptions for Corridor Maps
Unified Development Permit Review Process
10-201 Development Permit; Unified Permit Review Process; Inclusion of Amendment of Zoning Map
10-202 Development Permit Applications
Commentary: Completeness
10-203 Completeness Determination
Commentary: Administrative Review
10-204 Administrative Review
10-205 Notice of Record Hearing
Commentary: Methods of Notice
10-206 Methods of Notice
10-207 Record Hearings
Commentary: Consolidated Permit Review Process
10-208 Consolidated Permit Review Process
10-209 Appeals
Commentary: Time Limits and Their Effect
10-210 Time Limits on Land-Use Decisions (Two Alternatives)
10-211 Fees
Commentary: Hearing Examiner System
10-301 Hearing Examiner System
10-302 Hearing Examiner's Jurisdiction
10-303 Decision to Recuse
10-304 Decisions Based on Record Hearings
10-305 Decisions Based on Record Appeals
Commentary: Effect of Hearing Examiner's Decisions
10-306 Effect of Hearing Examiner's Decisions
10-307 Review of Hearing Examiner Recommendations
10-308 Filing and Publication of Hearing Examiner Decisions
Land-Use Review Board
10-401 Land-Use Review Board Authorized
10-402 Organization and Procedures
10-403 Compensation, Expenses and Assistance
10-404 Training
10-405 Powers
Administrative Actions and Remedies
Commentary: Authority to Approve
10-501 Authority to Approve
Commentary: Conditional Uses
10-502 Conditional Uses
Commentary: Variances
10-503 Variances
Commentary: Mediated Agreement
10-504 Mediated Agreement
10-505 Referral to Planning Commission
Commentary: Imposition of Conditions
10-506 Conditions
Commentary: Integration of Procedures
10-507 Procedures
Judicial Review of Land-Use Decisions
10-601 Purposes
Commentary: Exclusive Method of Judicial Review
10-602 Method of Judicial Review Exclusive
Commentary: Judicial Review
10-603 Judicial Review of Final Land-Use Decisions
Commentary: Exhaustion of Remedies
10-604 Exhaustion of Remedies
Commentary: Federal Claims
10-605 Federal Claims
10-606 Filing and Service of Land-Use Petition
Commentary: Standing and Intervention
10-607 Standing and Intervention
10-608 Required Elements in a Land-Use Petition
10-609 Preliminary Hearing
10-610 Expedited Judicial Review
Commentary: Stays of Action 10-77
10-611 Stay of Action Pending Judicial Review
10-612 Submittal of Record for Judicial Review
Commentary: Review and Supplementation of the Record
10-613 Review and Supplementation of the Record
10-614 Discovery When Record Supplemented
Commentary: Standards for Granting Relief
10-615 Standards for Granting Relief
10-616 Decision of the Court
Commentary: Definitive Relief
10-617 Definitive Relief
10-618 Compensation and Damages Disclaimer
Appendix — Literature on Administrative and Judicial Review of Land-Use Decisions
Chapter 11 — Enforcement of Land Development Regulations
General Provisions
Commentary: Enforcement Generally
11-101 Enforcement Generally
Commentary: Adoption of Administrative Enforcement
11-102 Adoption of Administrative Enforcement
Commentary: Election of Procedures
11-103 Election of Procedures
Administrative Procedure
Commentary: Enforcement Notice
11-201 Enforcement Notice
Commentary: Preliminary Order
11-202 Preliminary Order
Commentary: Enforcement Hearings
11-203 Enforcement Hearings
Commentary: Enforcement Order; Remedies and Penalties
11-204 Enforcement Order; Remedies and Penalties
Judicial Procedure
Commentary: Civil Proceeding
11-301 Civil Proceeding
Commentary: Criminal Proceeding
11-302 Criminal Proceeding
Chapter 12 — Integrating State Environmental Policy Acts with Local Planning
Alternative 1 — Evaluation of Environmental Effects of the Land-Use, Housing, Transportation, and Community Facilities Elements of a Comprehensive Plan
Alternative 2
12-101 Environmental Impact Statement on a Comprehensive Plan
Alternative 3
12-101 Environmental Requirements in Local Comprehensive Plan and Land Development Regulations
Appendix A — Literature Suggesting Improvements for SEPAs
Appendix B — Overview of SEPAs
Chapter 13 — Financing Required Planning
Local Tax Financing of Planning
Commentary: Local Financing of Planning Activities
13-101 Real Property Tax to Finance Planning
13-102 Real Property Transfer Tax to Finance Planning
13-103 Development Excise Tax to Finance Planning
13-104 Disposition of Revenue from Planning Taxes
Financial and Technical Assistance for Planning
Commentary: Smart Growth Technical Assistance Act
13-201 Smart Growth Technical Assistance Act
Chapter 14 — Tax Equity Devices and Tax Relief Programs
Regional [Metropolitan] Tax-Base Sharing
Commentary: Regional [Metropolitan] Tax-Base Sharing
14-101 Findings and Purpose
14-102 Definitions
14-103 Administering Fiscal Officer
14-104 Assessed Valuation; Base Year and Subsequent Years
14-105 Increases in Assessed Valuation of Commercial-Industrial Property; Computation of Excess Residential Property
14-106 Computation of Areawide Tax Base
14-107 Distribution of Areawide Tax Base
14-108 Taxable Value of Component Local Units; Local and Areawide
14-109 Levies and Mill Rates; Local and Areawide
14-110 Miscellaneous Adjustments to Local and Areawide Rates and Levies
14-111 Changes in Status of Qualifying Local Units
14-112 Tax Collection and Disbursements to Qualifying Local Units
14-113 Separability
14-114 Effective Date
Intergovernmental Agreeements
Commentary: Intergovernmental Agreement for a Joint Economic Development Zone
14-201 Joint Economic Development Zone
Redevelopment and Tax Relief
Commentary: Redevelopment Areas
14-301 Redevelopment Areas
Commentary: Tax Increment Financing
14-302 Tax Increment Financing
Commentary: Tax Abatement
14-303 Tax Abatement
Agricultural Districts
Commentary: Agricultural Districts
14-401 Agricultural Districts; Use Valuation of Agricultural Land
Note 14 — A Note on Elementary and Secondary Public School Finance and Its Relation to Planning
Chapter 15 — State Level Geographic Information Systems and Public Records of Plans, Land Development Regulations, and Development Permits
Statewide Geographic Information Systems
Commentary: State-level Deographic Information Systems
15-101 Division of Geographic Information
15-102 Geographic Information Advisory Board
Public Records of Plans, Land Development Regulations, and Development Permits
Commentary: Public Records of Plans, Land Development Regulations, and Development Permits
15-201 Filing Requirements for Development Permits and Land Development Regulations Affecting Specific Lots or Parcels
15-202 Recording Requirements for Plans and Land Development Regulations of General Applicability
List of Tables
2-1. Pros and Cons of Requiring Different Levels of Planning
4-1. Elements of the Civic and Management Models of State Planning
4-2. Types of State Planning Agencies
4-3. Typical State Plans and Their Purposes
4-4. Methods of State Plan Adoption and Their Pros and Cons
4-5. Policy /Plan Context of State Planning Goals
6-1. Some Pros and Cons of Urban Growth Boundaries
6-2. Regional Plans and Their Contents
7-1. Voluntary Planning Organizations
7-2. Organizing for Neighborhood Planning
7-3. Local Comprehensive Plan Elements in Model Statutes
7-4. Some Pros and Cons of Mandatory Local Planning
10-1. Why Development Permitting Processes Should be Reformed
12-1. Approaches to Integrating Land-Use Planning and Regulation with Environmental Reviews
15-1. GIS Use in State Government
Index