| Preface |
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xxv | |
| Forward and Acknowledgments |
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xxxiii | |
| Introduction |
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xli | |
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Chapter 1 Initiating Planning Statute Reform |
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Commentary: Model Legislation and Executive Orders for Initiating Planning Statute Reform |
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14 | (1) |
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Alternative 1 Study Commission Composed of State Legislators and State Department Head |
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15 | (1) |
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1-101 Creation of Planning and Land-Use Legislative Study Commission; Membership; Reimbursement for Expenses |
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15 | (1) |
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1-102 Functions and Duties; Public Hearings; Interim and Final Reports; Recommended Legislation |
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15 | (2) |
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1-103 Staff and Consulting Support; Application for and Acceptance of Gifts and Grants |
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17 | (1) |
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1-104 Advisory Committees; Cooperation of State Departments and Agencies |
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17 | (1) |
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1-105 Appropriation of Funds |
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17 | (1) |
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1-106 Commission to Expire Unless Extended |
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18 | (1) |
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Alternative 2 Independent Study Commission Composed of State Legislators, a State Department Head, and Citizen Representatives |
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18 | (1) |
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1-201 Creation of Planning and Land-Use Legislative Study Commission; Membership; Reimbursement for Expenses |
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18 | (1) |
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1-202 Functions and Duties; Public Hearings; Interim and Final Reports; Recommended Legislation |
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19 | (1) |
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1-203 Staff and Consulting Support; Application for and Acceptance of Gifts and Grants |
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19 | (1) |
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1-204 Advisory Committees; Cooperation of State Departments and Agencies |
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19 | (1) |
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1-205 Appropriation of Funds |
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19 | (1) |
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1-206 Commission to Expire Unless Extended |
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19 | (1) |
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Alternative 3 Permanent Joint Legislative Study Committee on Planning, Land Use, and Growth Management |
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19 | (1) |
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1-301 Creation of Joint Legislative Study Committee on Planning, Land Use, and Growth Management; Membership; Vacancies; Reimbursement for Expenses; Quorum |
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19 | (1) |
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1-302 Functions and Duties of Committee; Powers |
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20 | (2) |
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1-303 Staff and Consulting Support; Executive Secretary |
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22 | (1) |
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1-304 Annual Report; Other Reports |
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22 | (1) |
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1-305 Appropriation of Funds |
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22 | |
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Alternative 4 Executive Order No. Establishing a State Interagency Planning and Land-Use Task Force [ and Advisory Committee] Appointed by the Governor |
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22 | (3) |
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Alternative 5 Executive Order No. Establishing an Independent [ Growth Strategies] Study Commission Appointed by the Governor |
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25 | |
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Chapter 2 Purposes and Grant of Power |
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Commentary: Purposes of Planning |
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5 | (3) |
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2-101 Purposes (Four Alternatives) |
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8 | (4) |
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Alternative 1 Planning as an Advisory Activity |
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8 | (1) |
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Alternative 2 Planning as an Activity to be Encouraged Through the Use of Incentives |
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9 | (1) |
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Alternative 3 Planning as a Mandatory Activity |
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10 | (1) |
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Alternative 4 Planning as a Mandatory Activity, to be Vertically and Horizontally Integrated |
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10 | (1) |
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Commentary: Addressing Statewide Planning Interests |
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11 | (1) |
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2-102 State Interests for Which Public Entities Shall Have Regard |
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12 | (2) |
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Commentary: Delegation of Power |
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13 | (1) |
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14 | |
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3 | (12) |
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STATE PLANNING AGENCY ORGANIZATION |
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Commentary: Types of State Planning Agencies |
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15 | (4) |
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4-101 State Planning Agency [ Five Alternatives] |
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19 | (6) |
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Alternative 1 State Planning Office |
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19 | (1) |
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Alternative 2 State Planning Department |
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19 | (1) |
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Alternative 3 State Planning Commission; Creation, Powers |
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20 | (2) |
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Alternative 4 Cabinet Coordinating Committee |
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22 | (2) |
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Alternative 5 Planning Division within the Department of Development |
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24 | (1) |
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Commentary: Functions and Duties of the State Planning Agency |
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24 | (1) |
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4-102 Functions and Duties of the State Planning Agency |
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25 | (3) |
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Commentary: Rule-Making Authority |
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27 | (1) |
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4-103 Authority to Adopt Rules, Issue Orders, and Promulgate Guidelines |
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28 | (1) |
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Commentary: Biennial Report |
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29 | (1) |
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29 | (5) |
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Commentary: State Futures Commission and State Strategic Futures Plan |
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34 | (1) |
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4-201 State Futures Commission; State Futures Plan |
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35 | (2) |
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Commentary: State Agency Strategic Plan of Operation |
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37 | (1) |
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4-202 State Agency Strategic Plan of Operation |
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37 | (2) |
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Commentary: State Comprehensive Plan |
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39 | (1) |
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4-203 State Comprehensive Plan |
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39 | (5) |
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Commentary: State Land Development Plan |
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43 | (1) |
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4-204 State Land Development Plan |
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44 | (7) |
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Commentary: State Biodiversity Conservation Plan |
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47 | (4) |
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4-204.1 State Biodiversity Conservation Plan |
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51 | (3) |
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Commentary: State Transportation Plan |
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54 | (1) |
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4-205 State Transportation Plan |
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55 | (3) |
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Commentary: State Economic Development Plan |
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58 | (1) |
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4-206 State Economic Development Plan |
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58 | (6) |
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Commentary: State Telecommunications and Information Technology Plan |
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61 | (3) |
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4-206.1 State Telecommunications and Information Technology Plan |
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64 | (4) |
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Commentary: State Housing Plan |
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67 | (1) |
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4-207 State Housing Plan; Housing Advisory Committee; Annual Progress Report |
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68 | (9) |
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Commentary: State Planning for Affordable Housing (Two Alternatives) |
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73 | (4) |
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4-208 State Planning for Affordable Housing (Two Alternatives) |
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77 | (1) |
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Alternative 1 A Model Balanced and Affordable Housing Act |
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77 | (1) |
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4-208.1 Findings and Purposes |
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77 | (1) |
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78 | (1) |
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79 | (4) |
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4-208.4 Creation and Composition of Balanced and Affordable Housing Council |
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83 | (1) |
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4-208.5 Organization of the Council |
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84 | (1) |
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Alternative 1A Strong Council with No Regional Planning Agency Involvement |
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84 | (1) |
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4-208.6 Functions and Duties of the Council |
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84 | (1) |
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Alternative 1B Functions and Duties of the Council and Regional Planning Agencies |
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85 | (1) |
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4-208.6 Functions and Duties of the Council and Regional Planning Agencies |
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85 | (1) |
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4-208.7 Appointment of Council Executive Director; Hire by Contracts; Purchases and Leases; Maintenance of Public Records |
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86 | (1) |
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Alternative 1A Action by Council |
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87 | (1) |
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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 |
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87 | (2) |
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Alternative 1B Actions by Council and Regional Planning Agency |
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89 | (1) |
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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 |
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89 | (3) |
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4-208.9 Contents of a Housing Element |
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92 | (3) |
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4-208.10 Submission of Housing Element to [ Council or Regional Planning Agency] |
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95 | (1) |
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4-208.11 Notice of Submission |
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96 | (1) |
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4-208.12 Objection to a Housing Element; Mediation |
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96 | (1) |
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4-208.13 Council or Regional Planning Agency Review and Approval of Housing Element |
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97 | (1) |
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4-208.14 Adoption of Changes to Development After Approval |
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98 | (1) |
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4-208.15 Quasi-legislative Review |
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98 | (1) |
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4-208.16 Appeal to Council of Decision Made by a Local Government Regarding an Inclusionary Development When a Housing Element is not Approved or is not Submitted |
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98 | (2) |
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4-208.17 Review of Decisions of the Council and Regional Planning Agency |
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100 | (1) |
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4-208.18 Enforcement of Housing Element Requirements |
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101 | (1) |
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4-208.19 Assistance of Court in Enforcing Orders |
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101 | (1) |
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4-208.20 Council as Advocate |
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101 | (1) |
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4-208.21 Designation of Authority; Controls on Affordability of Low- and Moderate-Income Dwelling Units |
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102 | (2) |
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Commentary: Controls on Resales and Re-Rentals |
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102 | (2) |
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4-208.22 Controls on Resales and Re-rentals of Low- and Moderate-Income Dwelling Units |
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104 | (1) |
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4-208.23 Enforcement of Deed Restriction |
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105 | (1) |
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4-208.24 Local Government Right to Purchase, Lease, or Acquire Real Estate Property for Low- and Moderate-Income Housing |
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106 | (1) |
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4-208.25 Biennial Report of the Council to the Governor and Legislature |
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106 | (1) |
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Alternative 2 Application for Affordable Housing Development; Affordable Housing Appeals |
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107 | (1) |
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107 | (1) |
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108 | (1) |
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108 | (3) |
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4-208.4 Local Government Actions on Affordable Housing Applications |
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111 | (1) |
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4-208.5 Basis for Approving Authority Determination |
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111 | (1) |
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4-208.6 Appeal to State Housing Appeals Board or Court |
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112 | (1) |
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113 | (1) |
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4-208.8 Nonresidential Development as Part of an Affordable Housing Development |
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113 | (1) |
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4.208.9 Overconcentration of Affordable Housing |
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114 | (1) |
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4.208.10 Housing Appeals Board |
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114 | (2) |
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4-208.11 Publication of List of Exempt Local Governments |
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116 | (1) |
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116 | (1) |
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PROCEDURES RELATED TO STATE PLAN MAKING, ADOPTION, AND IMPLEMENTATION |
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Commentary: Public Review and Hearings |
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116 | (1) |
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4-209 Workshops and Public Hearings |
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116 | (5) |
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Commentary: Adoption of Plans |
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118 | (3) |
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4-210 Adoption of Plans (Four Alternatives) |
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121 | (1) |
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Alternative 1 By Executive Order |
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121 | (1) |
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Alternative 2 By Action of the Governor and State Legislature |
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121 | (1) |
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Alternative 3 By Action of a State Board or Commission |
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121 | (1) |
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Alternative 4 By Action of a State Agency Head |
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121 | (1) |
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Commentary: Certification of Plan to State Agencies, Regional Agencies, and Local Governments |
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122 | (1) |
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4-211 Certification of Plan; Availability for Sale |
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122 | (2) |
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Commentary: Effect of State Plans on State Agencies; Interagency Coordination |
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123 | (1) |
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4-212 Effect of State Plans on State Agencies; Interagency Coordination (Two Alternatives) |
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124 | (1) |
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Alternative 1 Agency Takes State Plan Into Consideration |
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124 | (1) |
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Alternative 2 Agency Required to Observe Strict Consistency |
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124 | (1) |
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4-213 Effect of State Plans on Regional and Local Agencies--See Sections 7-402.1 to 7-402.5 |
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125 | (1) |
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4-214 Resolution of Conflict Between State, Regional, and Local Plans; Certification--See Sections 7-402.1 to 7-402.5 |
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125 | (1) |
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STATE CAPITAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM |
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Commentary: State Capital Budget and Capital Improvement Program |
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125 | (1) |
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125 | (1) |
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4-302 Submission of State Capital Budget and Capital Improvement Program |
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126 | (1) |
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4-303 Contents of State Capital Budget and Capital Improvement Program |
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127 | (1) |
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4-304 Participation by Cooperation of State Agencies |
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127 | (1) |
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Commentary: Smart Growth Act |
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128 | (1) |
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129 | (9) |
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Note 4A A Note on State Planning Goals |
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138 | (10) |
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Note 4B A Note on State Planning Approaches to Promote Affordable Housing |
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148 | |
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Chapter 5 State Land-Use Control |
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Commentary: A Model for Siting State Facilities |
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12 | (1) |
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13 | (1) |
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13 | (2) |
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5-103 Preparation of Proposed Statement of Needs; State Facilities Map |
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15 | (1) |
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5-104 Submission of Proposed Statement of Needs to State Legislature; Adoption |
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16 | (1) |
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5-105 Establishment of Criteria for Siting or Expanding State Facilities |
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17 | (4) |
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5-106 Establishment of Criteria for Closing or Reducing State Facilities |
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21 | (1) |
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5-107 Publication and Adoption of Rules |
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21 | (1) |
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5-108 Notice and Public Hearings |
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22 | (1) |
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5-109 Review of Proposal and Decision by State Agency |
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23 | (1) |
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23 | (8) |
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AREAS OF CRITICAL STATE CONCERN |
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Commentary: Areas of Critical State Concern |
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31 | (3) |
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34 | (1) |
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5-202 Designation of Areas of Critical State Concern, Generally |
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34 | (1) |
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5-203 Criteria for Designation of Areas of Critical State Concern |
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35 | (2) |
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5-204 Initiating the Designation of an Area of Critical State Concern |
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37 | (1) |
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5-205 Preparation of a Draft Proposal for Designation of an Area of Critical State Concern |
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38 | (1) |
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5-206 Public Hearings on Draft Proposal for Designation of an Area of Critical State Concern |
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39 | (2) |
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5-207 Final Proposal for Designation of an Area of Critical State Concern |
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41 | (1) |
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5-208 Recordation of Designation |
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42 | (1) |
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5-209 State and Local Regulation and Local Plans in Areas of Critical State Concern; Availability of Grants to Local Governments |
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42 | (2) |
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5-210 Interim Regulation of Development and Plans |
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44 | (1) |
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5-211 Development Permission in Areas of Critical State Concern |
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44 | (2) |
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5-212 Amendment of Regulations and Plans |
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46 | (1) |
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5-213 Withdrawal of Areas of Critical State Concern |
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46 | (1) |
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5-214 Judicial Review of Agency Decisions |
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46 | (10) |
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DEVELOPMENTS OF REGIONAL IMPACT |
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Commentary: Procedures for Regulating Developments of Regional Impact |
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56 | (3) |
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5-301 Statement of Purpose; Source of Authority |
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59 | (1) |
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59 | (2) |
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5-303 Statewide Standards, Criteria, and Thresholds |
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61 | (1) |
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5-304 Variations in Thresholds |
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62 | (1) |
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5-305 Determination of DRI Status |
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62 | (1) |
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5-306 Submittal of DRI Application (Two Alternatives) |
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62 | (2) |
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Alternative 1 Host Local Government as Primary Reviewing Body |
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62 | (1) |
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Alternative 2 Regional Planning Agency as Primary Reviewing Agency |
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63 | (1) |
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5-307 Review and Recommendations of Interested Agencies and Entities |
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64 | (1) |
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5-308 Notice and Public Hearings |
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64 | (1) |
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5-309 Review of DRI Application |
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65 | (1) |
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5-310 Issuance of Decision |
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66 | (1) |
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67 | (1) |
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67 | (1) |
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68 | (1) |
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5-314 Development Agreements |
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68 | (1) |
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68 | (1) |
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Note 5 A Note on New York City's "Fair-Share" Process |
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69 | |
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Chapter 6 Regional Planning |
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Commentary: Regional Planning Agencies |
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17 | (6) |
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6-101 Creation of Regional Planning Agency; Boundaries of Regional Planning Agency; Interstate Regional Planning (Two Alternatives) |
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23 | (2) |
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Alternative 1 Voluntary Creation of Regional Planning Agency |
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23 | (2) |
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Alternative 2 Mandate Creation of Regional Planning Agency |
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25 | (1) |
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Commentary: Composition of Regional Planning Agency |
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25 | (1) |
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6-102 Composition of Regional Planning Agency; Finances; State Representation; Representation of Federal Military Installations and Facilities (Two Alternatives) |
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25 | (3) |
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Alternative 1 Permissive Composition and Membership of Regional Planning Agency |
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25 | (2) |
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Alternative 2 Mandated Composition and Membership of Regional Planning Agency by Local Elected Officials, Appointees of the Governor, and State Agency Representatives |
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27 | (1) |
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27 | (1) |
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6-103 Voting; Provision for Proportional Voting |
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28 | (1) |
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6-104 Chair; Other Officers and Committees; Frequency of Meetings; Reports of Committees |
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29 | (1) |
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Commentary: Rule-Making Authority |
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29 | (1) |
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6-105 Rule-Making Authority (Two Alternatives) |
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30 | (1) |
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Alternative 1 Simple Rule-Making Authority |
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30 | (1) |
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Alternative 2 Detailed Rule-Making Authority |
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30 | (1) |
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6-106 Appointment and Responsibilities of Executive Director; Contracts, Purchases, and Leases |
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31 | (1) |
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Commentary: Powers and Duties of a Regional Planning Agency |
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31 | (1) |
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6-107 Powers and Duties of a Regional Planning Agency |
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32 | (4) |
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36 | (1) |
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Commentary: Regional Comprehensive Plan |
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37 | (1) |
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6-201 Preparation of Regional Comprehensive Plan (Two Alternatives) |
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38 | (18) |
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Alternative 1 Regional Comprehensive Plan as an Advisory Document |
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38 | (1) |
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Alternative 2 Regional Comprehensive Plan as a Document to Integrate State, Regional, and Local Interests |
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39 | (5) |
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Commentary: Urban Growth Areas |
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44 | (12) |
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6-201.1 Urban Growth Areas [ Optional] |
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56 | (5) |
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Commentary: Preparation of Regional Functional Plans |
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61 | (1) |
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6-202 Commentary: Preparation of Regional Functional Plans |
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61 | (2) |
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Commentary: Regional Housing Plan |
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62 | (1) |
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6-203 Regional Housing Plan |
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63 | (5) |
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Commentary: Preparation of Regional Transportation Plan |
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65 | (3) |
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6-204 Regional Transportation Plan |
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68 | (5) |
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PROCEDURES FOR PLAN REVIEW AND ADOPTION |
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Commentary: Public Review and Hearings on Regional Plans (Two Alternatives) |
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73 | |
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6-301 Workshops and Public Hearings (Two Alternatives) |
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72 | (2) |
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Alternative 1 Simple Procedure |
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72 | (1) |
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Alternative 2 Detailed Procedure |
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72 | (2) |
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6-302 Resolving Potential Conflicts Among State, Regional, and Local Plans--See Sections 7-402.1 to 7-402.5) |
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74 | (1) |
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Commentary: Adoption of Regional Plans |
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74 | (1) |
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6-303 Adoption of Regional Plans |
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75 | (1) |
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6-304 Certification of Regional Plan; Availability for Purchase |
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75 | (1) |
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6-305 Adoption of Plans by Local Governments, Special Districts, and Other Governments |
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76 | (4) |
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RELATIONSHIPS AND AGREEMENTS WITH OTHER UNITS OF GOVERNMENT |
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Commentary: Reviewing Plans and Major Capital Facility Projects |
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80 | |
|
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 |
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78 | (3) |
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Commentary: Agreements with Other Governmental Units |
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80 | (1) |
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6-402 Regional Planning and Coordination Agreements |
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81 | (2) |
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6-403 Urban Service Agreements |
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83 | (2) |
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6-501 Withdrawal from Regional Planning Agency |
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85 | (1) |
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6-502 Dissolution of [ Regional Planning Agency] |
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86 | (1) |
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Commentary: State Aid to Regional Planning Agencies |
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86 | (1) |
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6-503 State Aid to [ Regional Planning Agency] |
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87 | (1) |
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DESIGNATION OF REGIONAL PLANNING AGENCY AS SUBSTATE DISTRICT ORGANIZATION |
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Commentary: Designation of Regional Planning Agency as Substate District Organization |
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88 | (1) |
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6-601 Delineation of Substate Districts |
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89 | (1) |
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6-602 Designation of Substate District Organization |
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90 | (1) |
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6-603 State Agency Use of Substate District Boundaries |
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91 | (1) |
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6-604 Effect of Designation on Substate District Organization |
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91 | (1) |
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Note 6A A Note on Weighted Voting Procedures |
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92 | (2) |
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Note 6B A Note on Urban Growth Areas and Regional Planning |
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94 | (9) |
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Note 6C A Note on Existing Regional Plans |
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103 | |
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18 | (7) |
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7-102 Establishment of Local Planning Agency |
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25 | (1) |
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7-103 Powers of Local Planning Agency |
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26 | (3) |
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7-104 Rule-Making Authority |
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29 | (1) |
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Commentary: Local Planning Commission |
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30 | (1) |
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7-105 Establishment of Local Planning Commission (Three Alternatives) |
|
|
31 | (8) |
|
Alternative 1A All appointed citizens; no constituency representatives |
|
|
32 | (1) |
|
Alternative 1B All appointed citizens; constituencies represented |
|
|
32 | (1) |
|
Alternative 2 Appointed members and elected officials |
|
|
33 | (1) |
|
Alternative 3 Appointed members, administrative officials, and elected officials |
|
|
33 | (6) |
|
7-106 Powers and Duties of Local Planning Commission |
|
|
39 | (4) |
|
7-107 Annual Reports of Local Planning Agency and Local Planning Commission |
|
|
43 | (6) |
|
Commentary: Neighborhood Designation, Neighborhoods Planning Councils, Neighborhood and Community Organizations |
|
|
44 | (5) |
|
7-108 Designation of Neighborhoods |
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|
49 | (1) |
|
7-109 Neighborhood Planning Councils |
|
|
50 | (2) |
|
7-110 Neighborhood and Community Organizations; Recognition |
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|
52 | (16) |
|
THE LOCAL COMPREHENSIVE PLAN |
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|
|
7-201 Local Comprehensive Plan Generally; Purposes |
|
|
68 | (2) |
|
Alternative 1 Local Comprehensive Plan as an Advisory Document |
|
|
69 | (1) |
|
Alternative 2 Local Comprehensive as a Document to Integrate State, Regional, Local Interests |
|
|
69 | (1) |
|
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 |
|
|
70 | (5) |
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|
|
|
Commentary: Issues and Opportunities Element |
|
|
73 | (2) |
|
7-203 Issues and Opportunities Element |
|
|
75 | (8) |
|
Commentary: Land-Use Element |
|
|
77 | (6) |
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|
83 | (11) |
|
Commentary: Monitoring Land Markets |
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|
91 | (3) |
|
7-204.1 Land Market Monitoring System [ Optional, but Required if Urban Growth Areas are Required] |
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94 | (10) |
|
Commentary: Transportation Element |
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99 | (5) |
|
7-205 Transportation Element |
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104 | (7) |
|
Commentary: Community Facilities Element |
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110 | (1) |
|
7-206 Community Facilities Element |
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111 | (7) |
|
Commentary: Telecommunications |
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|
115 | (3) |
|
7-206.1 Telecommunications Component |
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118 | (5) |
|
Commentary: Housing Element |
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120 | (3) |
|
7-207 Housing Element (Two Alternatives) |
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123 | (8) |
|
Alternative 1 A General Housing Element |
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123 | (4) |
|
Alternative 2 A Housing Element Intended to Satisfy a Local Government's Fair-Share Obligation |
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127 | (1) |
|
Commentary: Economic Development Element |
|
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127 | (4) |
|
7-208 Economic Development Element [ Opt-Out Provision Applies] |
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131 | (8) |
|
Commentary: Critical and Sensitive Areas Element |
|
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134 | (5) |
|
7-209 Critical and Sensitive Areas Element [ Opt-Out Provision Applies] |
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139 | (5) |
|
Commentary: Natural Hazards Element |
|
|
142 | (2) |
|
7-210 Natural Hazards Element [ Opt-Out Provision Applies] |
|
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144 | (7) |
|
Commentary: Program of Implementation |
|
|
150 | (1) |
|
7-211 Program of Implementation |
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|
151 | (4) |
|
|
|
|
Commentary: Agriculture, Forest, and Scenic Preservation Element |
|
|
153 | (2) |
|
7-212 Agriculture, Forest, and Scenic Preservation Element |
|
|
155 | (10) |
|
Commentary: Human Services Planning |
|
|
162 | (3) |
|
7-213 Human Services Element |
|
|
165 | (4) |
|
Commentary: Community Design Planning |
|
|
168 | (1) |
|
7-214 Community Design Element |
|
|
169 | (4) |
|
Commentary: Historic Preservation Planning |
|
|
172 | (1) |
|
7-215 Historic Preservation Element |
|
|
173 | (2) |
|
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|
175 | (1) |
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|
|
|
Commentary: Neighborhood Plans |
|
|
176 | (1) |
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|
177 | (8) |
|
Commentary: Transit-Oriented Development |
|
|
183 | (2) |
|
7-302 Transit-Oriented Development Plan |
|
|
185 | (6) |
|
Commentary: Planning Redevelopment Areas |
|
|
188 | (3) |
|
7-303 Redevelopment Area Plan |
|
|
191 | (4) |
|
7-304 [ Other Subplans -- For Future Expansion] |
|
|
195 | (1) |
|
PROCEDURES FOR PLAN REVIEW, ADOPTION, AND AMENDMENT |
|
|
|
Commentary: Public Participation and Public Hearings |
|
|
195 | (4) |
|
7-401 Public Participation and Public Hearings |
|
|
199 | |
|
Alternative 1 A General Housing Element |
|
|
123 | (4) |
|
Alternative 2 A Housing Element Intended to Satisfy a Local Government's Fair-Share Obligation |
|
|
127 | (1) |
|
Commentary: Economic Development Element |
|
|
127 | (4) |
|
7-208 Economic Development Element [ Opt-Out Provision Applies] |
|
|
131 | (8) |
|
Commentary: Critical and Sensitive Areas Element |
|
|
134 | (5) |
|
7-209 Critical and Sensitive Areas Element [ Opt-Out Provision Applies] |
|
|
139 | (5) |
|
Commentary: Natural Hazards Element |
|
|
142 | (2) |
|
7-210 Natural Hazards Element [ Opt-Out Provision Applies] |
|
|
144 | (7) |
|
Commentary: Program of Implementation |
|
|
150 | (1) |
|
7-211 Program of Implementation |
|
|
151 | (2) |
|
|
|
|
Commentary: Agriculture, Forest, and Scenic Preservation Element |
|
|
153 | (2) |
|
7-212 Agriculture, Forest, and Scenic Preservation Element |
|
|
155 | (10) |
|
Commentary: Human Services Planning |
|
|
162 | (3) |
|
7-213 Human Services Element |
|
|
165 | (4) |
|
Commentary: Community Design Planning |
|
|
168 | (1) |
|
7-214 Community Design Element |
|
|
169 | (4) |
|
Commentary: Historic Preservation Planning |
|
|
172 | (1) |
|
7-215 Historic Preservation Element |
|
|
173 | (2) |
|
|
|
175 | (1) |
|
|
|
|
Commentary: Neighborhood Plans |
|
|
176 | (1) |
|
|
|
177 | (8) |
|
Commentary: Transit-Oriented Development |
|
|
183 | (2) |
|
7-302 Transit-Oriented Development Plan |
|
|
185 | (6) |
|
Commentary: Planning Redevelopment Areas |
|
|
188 | (3) |
|
7-303 Redevelopment Area Plan |
|
|
191 | (4) |
|
7-304 [ Other Subplans -- For Future Expansion] |
|
|
195 | (1) |
|
PROCEDURES FOR PLAN REVIEW, ADOPTION, AND AMENDMENT |
|
|
|
Commentary: Public Participation and Public Hearings |
|
|
195 | (4) |
|
7-401 Public Participation and Public Hearings |
|
|
199 | (80) |
|
Appendix -- List of Neighborhood Plans Reviewed (by Chronology) |
|
|
277 | (2) |
|
Note 7B A Note on Comprehensive Planning Requirements in State Statutes |
|
|
279 | |
|
Chapter 8 Land Development Regulations |
|
|
|
|
|
|
|
|
19 | (8) |
|
Commentary: Authority to Adopt Land Development Regulations |
|
|
26 | (1) |
|
8-102 Authority to Adopt Land Development Regulations; Purposes; Presumption of Validity |
|
|
27 | (3) |
|
8-103 Adoption and Amendment of Land Development Regulations; Notice and Hearing |
|
|
30 | (6) |
|
Commentary: Gauging Regulatory Consistency with a Local Comprehensive Plan |
|
|
33 | (3) |
|
8-104 Consistency of Land Development Regulations with Local Comprehensive Plan |
|
|
36 | (3) |
|
Commentary: Relationship of Land Development Regulations with Other State and Federal Programs |
|
|
38 | (1) |
|
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 |
|
|
39 | (3) |
|
Commentary: Federal and State Exemption from Local Land Development Regulations |
|
|
40 | (2) |
|
8-106 Federal and State Exemption from Local Land Development Regulations (Four Alternatives) |
|
|
42 | (3) |
|
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 |
|
|
42 | (1) |
|
Alternative 2 Complete Exemption of Land Owned by the Federal Government, But No Exemption for Lands Owned by the State |
|
|
43 | (1) |
|
Alternative 3 Complete Exemption of Lands Owned by the State or Federal Government |
|
|
43 | (1) |
|
Alternative 4 Exemption of Lands Owned by the State or Federal Government, Subject to Non-Binding Public Hearing for Certain State Development Proposals |
|
|
43 | (2) |
|
|
|
|
Commentary: The Contents of a Zoning Ordinance |
|
|
45 | (6) |
|
|
|
51 | (6) |
|
REVIEW OF PLATS AND PLANS |
|
|
|
Commentary: Subdivision Ordinances and Subdivision Review |
|
|
57 | (4) |
|
8-301 Subdivision Ordinance; Review and Approval of Subdivision by Local Government |
|
|
61 | (11) |
|
Commentary: Site Plan Review |
|
|
68 | (4) |
|
|
|
72 | (5) |
|
Commentary: Planned Unit Development |
|
|
75 | (2) |
|
8-303 Planned Unit Development |
|
|
77 | (7) |
|
UNIFORM DEVELOPMENT STANDARDS |
|
|
|
Commentary: Uniform Development Standards |
|
|
84 | (6) |
|
8-401 Uniform Development Standards |
|
|
90 | (5) |
|
DEVELOPMENT RIGHTS AND PRIVILEGES |
|
|
|
Commentary: Vested Right to Develop |
|
|
95 | (13) |
|
8-501 Vested Right to Develop (Two Alternatives) |
|
|
108 | (16) |
|
Alternative 1 "Bright Line" Vesting Rule |
|
|
108 | (2) |
|
Alternative 2 Vested Right Upon Significant and Ascertainable Development |
|
|
110 | (1) |
|
Commentary: Regulation of Nonconforming Uses |
|
|
111 | (13) |
|
8-502 Regulation of Nonconforming Uses (Two Alternatives) |
|
|
124 | (5) |
|
Alternative 1 Local Specification of Regulations |
|
|
127 | (1) |
|
Alternative 2 Direct Statutory Specifications of Regulations |
|
|
128 | (1) |
|
EXACTIONS, IMPACT FEES, AND SEQUENCING OF DEVELOPMENT |
|
|
|
Commentary: Development Improvements and Exactions |
|
|
129 | (5) |
|
8-601 Development Improvements and Exactions |
|
|
134 | (27) |
|
Commentary: Development Impact Fees |
|
|
141 | (20) |
|
8-602 Development Impact Fees |
|
|
161 | (12) |
|
Commentary: Concurrency and Adequate Public Facilities Controls |
|
|
166 | (7) |
|
8-603 Concurrency; Provision of Adequate Public Facilities |
|
|
173 | (15) |
|
Commentary: Development Moratoria |
|
|
180 | (8) |
|
8-604 Moratorium on Issuance of Development Permits for a Definite Term (Three Alternatives) |
|
|
188 | (4) |
|
|
|
|
Commentary: Development Agreements |
|
|
192 | (5) |
|
8-197 Development Agreements |
|
|
197 | |
|
Chapter 9 Special and Environmental Land Development Regulations and Land-Use Incentives |
|
|
|
Commentary: Regulation of Critical and Sensitive Areas and Natural Hazard Areas |
|
|
3 | (2) |
|
9-101 Regulation of Critical and Sensitive Areas and Natural Hazard Areas |
|
|
5 | (9) |
|
Commentary: Transportation Demand Management |
|
|
11 | (3) |
|
9-201 Transportation Demand Management |
|
|
14 | (15) |
|
Commentary: Historic and Architectural Design Review |
|
|
24 | (5) |
|
9-301 Historic Districts and Landmarks; Design Review |
|
|
29 | (29) |
|
Commentary: Transfer of Development Rights |
|
|
37 | (21) |
|
9-401 Transfer of Development Rights |
|
|
58 | (12) |
|
Commentary: Conservation Easements; Purchase of Development Rights |
|
|
64 | (6) |
|
9-402 Purchase of Development Rights |
|
|
70 | (3) |
|
9-402.1 Conservation Easements |
|
|
73 | (11) |
|
|
|
78 | (6) |
|
|
|
84 | (15) |
|
Commentary: Land-Use Incentives |
|
|
90 | (9) |
|
9-501 Land-Use Incentives for Affordable Housing, Community Design, and Open Space Dedication; Unified Incentives Ordinance |
|
|
99 | |
|
Chapter 10 Administration and Judicial Review of Land-Use Decisions |
|
|
|
|
|
|
|
|
17 | (3) |
|
|
|
20 | (1) |
|
10-103 Exemptions for Corridor Maps |
|
|
21 | (3) |
|
UNIFIED DEVELOPMENT PERMIT REVIEW PROCESS |
|
|
|
10-201 Development Permit; Unified Permit Review Process; Inclusion of Amendment of Zoning Map |
|
|
24 | (2) |
|
10-202 Development Permit Applications |
|
|
26 | (1) |
|
|
|
27 | (1) |
|
10-203 Completeness Determination |
|
|
27 | (2) |
|
Commentary: Administrative Review |
|
|
28 | (1) |
|
10-204 Administrative Review |
|
|
29 | (2) |
|
10-205 Notice of Record Hearing |
|
|
31 | (2) |
|
Commentary: Methods of Notice |
|
|
33 | (1) |
|
|
|
33 | (1) |
|
|
|
34 | (5) |
|
Commentary: Consolidated Permit Review Process |
|
|
39 | (1) |
|
10-208 Consolidated Permit Review Process |
|
|
39 | (1) |
|
|
|
40 | (4) |
|
Commentary: Time Limits and Their Effect |
|
|
43 | (1) |
|
10-210 Time Limits on Land-Use Decisions (Two Alternatives) |
|
|
44 | (1) |
|
|
|
45 | (1) |
|
Commentary: Hearing Examiner System |
|
|
46 | (1) |
|
10-301 Hearing Examiner System |
|
|
46 | (1) |
|
10-302 Hearing Examiner's Jurisdiction |
|
|
47 | (1) |
|
10-303 Decision to Recuse |
|
|
48 | (1) |
|
10-304 Decisions Based on Record Hearings |
|
|
48 | (1) |
|
10-305 Decisions Based on Record Appeals |
|
|
49 | (1) |
|
Commentary: Effect of Hearing Examiner's Decisions |
|
|
49 | (1) |
|
10-306 Effect of Hearing Examiner's Decisions |
|
|
49 | (1) |
|
10-307 Review of Hearing Examiner Recommendations |
|
|
50 | (1) |
|
10-308 Filing and Publication of Hearing Examiner Decisions |
|
|
50 | (1) |
|
|
|
|
10-401 Land-Use Review Board Authorized |
|
|
51 | (1) |
|
10-402 Organization and Procedures |
|
|
51 | (1) |
|
10-403 Compensation, Expenses and Assistance |
|
|
51 | (1) |
|
|
|
51 | (1) |
|
|
|
52 | (1) |
|
ADMINISTRATIVE ACTIONS AND REMEDIES |
|
|
|
Commentary: Authority to Approve |
|
|
52 | (1) |
|
10-501 Authority to Approve |
|
|
52 | (1) |
|
Commentary: Conditional Uses |
|
|
52 | (1) |
|
|
|
53 | (1) |
|
|
|
53 | (1) |
|
|
|
53 | (3) |
|
Commentary: Mediated Agreement |
|
|
54 | (2) |
|
10-504 Mediated Agreement |
|
|
56 | (2) |
|
10-505 Referral to Planning Commission |
|
|
58 | (1) |
|
Commentary: Imposition of Conditions |
|
|
59 | (1) |
|
|
|
59 | (1) |
|
Commentary: Integration of Procedures |
|
|
60 | (1) |
|
|
|
60 | (9) |
|
JUDICIAL REVIEW OF LAND-USE DECISIONS |
|
|
|
|
|
69 | (1) |
|
Commentary: Exclusive Method of Judicial Review |
|
|
69 | (1) |
|
10-602 Method of Judicial Review Exclusive |
|
|
70 | (1) |
|
Commentary: Judicial Review |
|
|
71 | (1) |
|
10-603 Judicial Review of Final Land-Use Decisions |
|
|
71 | (2) |
|
Commentary: Exhaustion of Remedies |
|
|
72 | (1) |
|
10-604 Exhaustion of Remedies |
|
|
73 | (1) |
|
Commentary: Federal Claims |
|
|
73 | (1) |
|
|
|
74 | (1) |
|
10-606 Filing and Service of Land-Use Petition |
|
|
74 | (1) |
|
Commentary: Standing and Intervention |
|
|
74 | (1) |
|
10-607 Standing and Intervention |
|
|
75 | (1) |
|
10-608 Required Elements in a Land-Use Petition |
|
|
75 | (1) |
|
10-606 Preliminary Hearing |
|
|
76 | (1) |
|
1-610 Expedited Judicial Review |
|
|
77 | (1) |
|
Commentary: Stays of Action |
|
|
77 | (1) |
|
10-611 Stay of Action Pending Judicial Review |
|
|
78 | (1) |
|
10-612 Submittal of Record for Judicial Review |
|
|
78 | (2) |
|
Commentary: Review and Supplementation of the Record |
|
|
79 | (1) |
|
10-613 Review and Supplementation of the Record |
|
|
80 | (2) |
|
10-614 Discovery When Record Supplemented |
|
|
82 | (1) |
|
Commentary: Discovery When Record Supplemented |
|
|
82 | (1) |
|
10-615 Standards for Granting Relief |
|
|
82 | (2) |
|
10-616 Decision of the Court |
|
|
84 | (1) |
|
Commentary: Definitive Relief |
|
|
84 | (1) |
|
|
|
85 | (1) |
|
10-618 Compensation and Damages Disclaimer |
|
|
85 | |
|
Appendix -- Literature on Administrative and Judicial Review of Land-Use Decisions |
|
|
85 | |
|
Chapter 11 Enforcement of Land Development Regulations |
|
|
|
|
|
|
Commentary: Enforcement Generally |
|
|
11 | (1) |
|
11-101 Enforcement Generally |
|
|
12 | (3) |
|
Commentary: Adoption of Administrative Enforcement |
|
|
15 | (1) |
|
11-102 Adoption of Administrative Enforcement |
|
|
15 | (4) |
|
Commentary: Election of Procedures |
|
|
17 | (2) |
|
11-103 Election of Procedures |
|
|
19 | (2) |
|
|
|
|
Commentary: Enforcement Notice |
|
|
21 | (1) |
|
11-201 Enforcement Notice |
|
|
21 | (3) |
|
Commentary: Preliminary Order |
|
|
23 | (1) |
|
|
|
24 | (4) |
|
Commentary: Enforcement Hearings |
|
|
27 | (1) |
|
11-203 Enforcement Hearings |
|
|
28 | (3) |
|
Commentary: Enforcement Order; Remedies and Penalties |
|
|
30 | (1) |
|
11-204 Enforcement Order; Remedies and Penalties |
|
|
31 | (3) |
|
|
|
|
Commentary: Civil Proceeding |
|
|
34 | (1) |
|
|
|
35 | (3) |
|
Commentary: Criminal Proceeding |
|
|
37 | (1) |
|
11-302 Criminal Proceeding |
|
|
38 | |
|
Chapter 12 Integrating State Environmental Policy Acts with Local Planning |
|
|
|
|
|
17 | (1) |
|
12-101 Evaluation of Environmental Effects of the Land-Use, Housing, Transportation, and Community Facilities Elements of a Comprehensive Plan |
|
|
17 | (3) |
|
|
|
20 | (1) |
|
12-101 Environmental Impact Statement on a Comprehensive Plan |
|
|
20 | (5) |
|
|
|
24 | (1) |
|
12-101 Environmental Requirements in Local Comprehensive Plan and Land Development Regulations |
|
|
25 | |
|
Appendix A Literature Suggesting Improvements for SEPAs |
|
|
28 | (2) |
|
Appendix B Overview of SEPAs |
|
|
30 | |
|
Chapter 13 Financing Required Planning |
|
|
|
LOCAL TAX FINANCING OF PLANNING |
|
|
|
Commentary: Local Financing of Planning Activities |
|
|
3 | (7) |
|
13-101 Real Property Tax to Finance Planning |
|
|
10 | (1) |
|
13-102 Real Property Transfer Tax to Finance Planning |
|
|
10 | (3) |
|
13-103 Development Excise Tax to Finance Planning |
|
|
13 | (4) |
|
13-104 Disposition of Revenue from Planning Taxes |
|
|
17 | (2) |
|
FINANCIAL AND TECHNICAL ASSISTANCE FOR PLANNING |
|
|
|
Commentary: Smart Growth Technical Assistance Act |
|
|
19 | (1) |
|
13-201 Smart Growth Technical Assistance Act |
|
|
19 | |
|
Chapter 14 Tax Equity Devices and Tax Relief Programs |
|
|
|
REGIONAL [ METROPOLITAN] TAX-BASE SHARING |
|
|
|
Commentary: Regional [ Metropolitan] Tax-Base Sharing |
|
|
12 | (4) |
|
14-101 Findings and Purpose |
|
|
16 | (1) |
|
|
|
17 | (2) |
|
14-103 Administering Fiscal Officer |
|
|
19 | (1) |
|
14-104 Assessed Valuation; Base Year and Subsequent Years |
|
|
20 | (1) |
|
14-105 Increases in Assessed Valuation of Commercial-Industrial Property; Computation of Excess Residential Property |
|
|
20 | (1) |
|
14-106 Computation of Areawide Tax Base |
|
|
21 | (1) |
|
14-107 Distribution of Areawide Tax Base |
|
|
21 | (1) |
|
14-108 Taxable Value of Component Local Units; Local and Areawide |
|
|
22 | (1) |
|
14-109 Levies and Mill Rates; Local and Areawide |
|
|
23 | (1) |
|
14-110 Miscellaneous Adjustments to Local and Areawide Rates and Levies |
|
|
24 | (1) |
|
14-111 Changes in Status of Qualifying Local Units |
|
|
24 | (1) |
|
14-112 Tax Collection and Disbursements to Qualifying Local Units |
|
|
25 | (1) |
|
|
|
25 | (1) |
|
|
|
25 | (1) |
|
INTERGOVERNMENTAL AGREEMENTS |
|
|
|
Commentary: Intergovernmental Agreement for a Joint Economic Development Zone |
|
|
25 | (1) |
|
14-201 Joint Economic Development Zone |
|
|
26 | (3) |
|
REDEVELOPMENT AND TAX RELIEF |
|
|
|
Commentary: Redevelopment Areas |
|
|
29 | (9) |
|
14-301 Redevelopment Areas |
|
|
38 | (19) |
|
Commentary: Tax Increment Financing |
|
|
51 | (6) |
|
14-302 Tax Increment Financing |
|
|
57 | (10) |
|
Commentary: Tax Abatement |
|
|
62 | (5) |
|
|
|
67 | (8) |
|
|
|
|
Commentary: Agricultural Districts |
|
|
75 | (6) |
|
14-401 Agricultural Districts; Use Valuation of Agricultural Land |
|
|
81 | (9) |
|
Note 14 A Note on Elementary and Secondary Public School Finance and Its Relation to Planning |
|
|
90 | |
|
Chapter 15 State Level Geographic Information Systems and Public Records of Plans, Land Development Regulations, and Development Permits |
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STATEWIDE GEOGRAPHIC INFORMATION SYSTEMS |
|
|
|
Commentary: State-level Geographic Information Systems |
|
|
3 | (4) |
|
15-101 Division of Geographic Information |
|
|
7 | (2) |
|
15-102 Geographic Information Advisory Board |
|
|
9 | (2) |
|
PUBLIC RECORDS OF PLANS, LAND DEVELOPMENT REGULATIONS, AND DEVELOPMENT PERMITS |
|
|
|
Commentary: Public Records of Plans, Land Development Regulations, and Development Permits |
|
|
11 | (2) |
|
15-201 Filing Requirements for Development Permits and Land Development Regulations Affecting Specific Lots or Parcels |
|
|
13 | (2) |
|
15-202 Recording Requirements for Plans and Land Development Regulations of General Applicability |
|
|
15 | |
|
|
|
|
2-1 Pros and Cons of Requiring Different Levels of Planning |
|
|
7 | (5) |
|
4-1 Elements of the Civic and Management Models of State Planning |
|
|
12 | (2) |
|
4-2 Types of State Planning Agencies |
|
|
14 | (16) |
|
4-3 Typical State Plans and Their Purposes |
|
|
30 | (90) |
|
4-4 Methods of State Plan Adoption and Their Pros and Cons |
|
|
120 | (19) |
|
4-5 Policy /Plan Context of State Planning Goals |
|
|
139 | |
|
6-1 Some Pros and Cons of Urban Growth Boundaries |
|
|
53 | (55) |
|
6-2 Regional Plans and Their Contents |
|
|
108 | |
|
7-1 Voluntary Planning Organizations |
|
|
17 | (31) |
|
7-2 Organizing for Neighborhood Planning |
|
|
48 | (13) |
|
7-3 Local Comprehensive Plan Elements in Model Statutes |
|
|
61 | (7) |
|
7-4 Some Pros and Cons of Mandatory Local Planning |
|
|
68 | (216) |
|
7-5 Summary of State Statutory Requirements for Comprehensive Plans |
|
|
284 | |
|
10-1 Why Development Permitting Processes Should be Reformed |
|
|
14 | |
|
12.1 Approaches to Integrating Land-Use Planning and Regulation with Environmental Reviews |
|
|
11 | |
|
15-1 GIS Use in State Government |
|
|
5 | |
| Appendix: Statements from Members of the Growing Smart SM Directorate |
|
1 | (1) |
| Index |
|
1 | |
Biežāk uzdotie jautājumi par e-grāmatām