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How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn
How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn
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Much has been written about the role of government regulation in facilitating automobile-oriented sprawl. Zoning codes reduce walkability by artificially segregating housing from commerce, forcing businesses and multifamily landlords to surround their buildings with parking, and artificially reducing density. The “smart growth” movement seeks to reverse these policies, both through regulation and through more libertarian, deregulatory policies. The purpose of this paper is to examine to what extent cities have in fact chosen the former path, and to discuss the possible side effects of prescriptive smart growth and green building regulations. In particular, this paper focuses on attempts to make …
Land Use Law Update: New York's New Climate Change Resiliency Law, Sarah Adams-Schoen
Land Use Law Update: New York's New Climate Change Resiliency Law, Sarah Adams-Schoen
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New York State’s lawmakers passed 2,603 bills over the course of the 2013-14 session, 658 of which passed both houses. Although counties and local governments are likely focusing their attention on budget-related items such as the property tax freeze/rebate program, local governments — and zoning and planning officials and practitioners in particular — should also take note of the newly enacted Community Risk and Resiliency Act (CRRA).
Recent Developments In Land Use Ethics, Patricia E. Salkin
Recent Developments In Land Use Ethics, Patricia E. Salkin
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Current events across the country reveal no shortage of allegations of unethical conduct in the land use review process. Sadly, there are countless other media accounts of alleged and proven conflicts of interest and other ethical misconduct. In this annual review of reported decisions involving ethics in land use, recent decisions are discussed in the hopes that municipal attorneys will use this information as the basis of ongoing training for members of planning boards, zoning boards, and local legislative bodies who must be routinely reminded of not only their legal but ethical responsibilities in upholding the public trust.
Land Use Law Update: The Court Of Appeals Issues A Victory For Home Rule In Wallach V. Town Of Dryden And Cooperstown Holstein Corp. V. Town Of Middlefield, Sarah Adams-Schoen
Land Use Law Update: The Court Of Appeals Issues A Victory For Home Rule In Wallach V. Town Of Dryden And Cooperstown Holstein Corp. V. Town Of Middlefield, Sarah Adams-Schoen
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In the midst of the often heated controversy swirling around the issue of hydraulic fracturing (commonly referred to as “hydrofracking” and “fracking”), New York’s Court of Appeals recently issued a straightforward ruling, which focused on long-established precedent concerning the right of municipalities to regulate mining land uses, rather than focusing on the contentious economic or environmental issues surrounding the fracking debate. This article discusses that ruling.