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19 Cards in this Set

  • Front
  • Back

growth mgmt regulates

location, character, pace, and extent of development


zoning focuses on:what, where, and how


subdivision regulation: focuses on how


growth mgmt: focuses on when/ and how much

net density

specific use or site

gross density

overall

impact analysis

impact of individual development on environment and infrastructure/services

carrying capacity

development potential of land/environment and infrastructure

sustainable development

social, economic, environmental longevity

growth mgmt issues

rltnshp btwn development and region


-Who pays for infrastructure? public or private?


-how implemented? taxes or fees?


-capital vs maintenance costs? whose responsibility and where will money come from?

growth mgmt techniques:

-moratoria and interim controls- temporary


-capital improvement programming


-infrastructure finance- funding offsite


-general finance: tax, bonds, tax abatement


-developer funded infrastructure: dedication, fee in lieu, impact fee, on and off site improvemets

growth mgmt: impact fees based on:

-impact of services due to proposed development

alternative to impact fees: adequate facilites tax

-typically applies uniform tax to all development


-tax authority vs. police power- diff enablin legis


-

transfer/purchase of development rights

-bundled rights


-sending and receiving areas


-transferred rights:


--increase density/intensity allowed in recieving areas


--restrict land use in sending areas

other programs

-population caps


-permit points system-avail. of public services


-growth boundaries


-concurrency or adequate public facilites(prohibits devel. where inadequate public facilites)



smart growth

set of cohesive planning principles to achieve better development pattern. approach to achieving communities that are socially, economically, and environmentally sustainable.


efficient use of land/ create economic value; mix of choices

sustainable development

meets the needs of the present w/out compromising the ability of future generations to meet their own needs, in a just an equitable manner, while within limits of supporting ecosystems

new urbanism

walkability, connectivity, mixed-use, diversity, quality design, trad. neighborhood structure, density, smart transportation, sustainability, quality of life

nexus

means/ends linkage: must be direct


nexus: direct relationship or linkage between land use purpose and land use control




relationship btwn burden imposed and the need the land use is said to have created

direct benefit test

Gulest Associates, Inc v. Town of Newburg


required funds collected from required payments for capital expenditures be specifically tied to a benefit directly conferred on the homeowner in the subdivision which was charged

specifically and uniquely attributable test

Pioneer Trust Savings Bank, Trustee et al., v. The Village of Mount Prospect et al


unless village could prove that the demand for additional facilities was specifically and uniquely attributable to the particular subdivision, such requirements were an unreasonable regulation not authorized by police power

dual rational nexus test

Jordan v. Village of Menomonee Falls


Rational nexus- reasonable connection btwn need for facilities and growth generated Amounts used to develop public facilities 4 development must be greater than fees collected from that development- establishes sufficient benefit from exaction to be deemed reasonable