A Legal Guide to Urban and Sustainable Development for Planners, Developers and Architects

  • ID: 2325404
  • Book
  • 368 Pages
  • John Wiley and Sons Ltd
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Practical guide to the legal issues of using urbanist and sustainable development principles

By examining and explaining the particular legal issues that accompany urbanist design and sustainable development, this timely book shows urban planners, developers, designers, and architects how to make the law work for them in planning and executing sustainable urban projects. Written by experienced attorneys, this book thoroughly explains the practical implications of the current law and legal theories surrounding urbanism and sustainability, and forecasts its future directions.

Using case studies, photographs, and illustrations, this book offers real–world solutions to the legal issues of urban and sustainable development, including:

  • Incorporating good urban design principles into local land regulation

  • Overcoming impediments to urban and sustainable design practice

  • Getting projects built and codes changed within the existing zoning framework

  • Using fundamentally new approaches to zoning

  • Managing and coping with litigation

  • Structuring and operating the mixed–use common interest community

  • Understanding legal issues specific to urbanist building types

  • Avoiding unnecessary conflicts between urbanist codes and sustainability codes

Collectively, the authors have handled every aspect of urbanist law. The two lead authors, Daniel K. Slone and Doris S. Goldstein, are attorneys who are pioneers in the field, having worked with architects, planners, city officials, and developers at the vanguard of urban planning and sustainability. Their comments and firsthand experience, interspersed throughout the book, help illuminate how the law governs day–to–day planning and development activities.

The movements toward sustainable and urbanist development are changing the landscape of America. Armed with this book, you can confidently navigate through the law as you initiate an urban development project and see it to fruition.

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Foreword, Andrés Duany vii

Preface xi

Acknowledgments xv

CHAPTER 1 TO SUBURBIA AND BACK: HOW URBANIST LAW IS DIFFERENT 1Dan Slone, Doris Goldstein, and Andy Gowder

CHAPTER 2 SUSTAINABLE URBANISM 29Dan Slone

Case Study: The Navy Yard at Noisette 47

CHAPTER 3 TWEAKING THE SYSTEM: GETTING PROJECTS BUILT AND CODES CHANGED WITHIN THE EXISTING ZONING FRAMEWORK 63Chris Brewster, Matt Lawlor, Brian Ohm, and Mark White

CHAPTER 4 CHANGING THE RULES: NEW APPROACHES TO ZONING 89Brian Ohm and Mark White

Form–Based Codes, Bob Sitkowski and Bill Spikowski 111

The Smart Code, Chad Emerson 128

CHAPTER 5 FIEFDOMS AND FIRE TRUCKS: OVERCOMING IMPEDIMENTS IN THE SUBDIVISION, PLAT–REVIEW, AND SITE–PLAN PROCESSES 149Dan Slone

CHAPTER 6 RETOOLING THE COMMON–INTEREST COMMUNITY 179Doris S. Goldstein

Case Study: Seaside, Florida 218

CHAPTER 7 SPECIAL BUILDING TYPES 227Doris S. Goldstein

CHAPTER 8 LITIGATION 255Andy Gowder

Case Study: The Fight for Entitlements: I On, Mount Pleasant, South Carolina 275

CHAPTER 9 FEDERAL POLICY, INITIATIVES, AND ALLIANCES 289Chris Brewster and Matt Lawlor

CHAPTER 10 STRATEGIES FOR CHANGE 313Dan Slone

APPENDIX: AN APPROACH TO GREENING PROJECTS OR MUNICIPALITIES 333

BIBLIOGRAPHY AND RESOURCES 338

INDEX 346

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"In short, this book is an excellent resource and one that should be read and used as a reference for project design and implementation." (Lawoftheland.com, 10/11/08)

" is a primer for practicing architects, urban designers, and urban planners on legal and contractual issues that accompany the emerging field of sustainable urban design." (Green InSight Newsletter, Oct 2008)

"Immensely practical, this guidebook is loaded with techniques that can enable New Urbanism to jump hurdles erected by the legal system, the political apparatus, and the day–to–day difficulties of community life. Each chapter stands on its own, and there are case studies and dozens of sidebars, so you can read the book from start to finish or you can jump in and out. This book is so informative that new urbanists will soon be asking themselves how they ever got along without it." (New Urban News, September 2008)

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