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Sponsored by Lorman Education
Product ID: 407257EAU
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Alternative Land Use Regulations

OnDemand Webinar (88 minutes)

Gain an understanding of the various types of alternative land use regulations.This topic will review a variety of alternative forms of land use regulations, i.e., regulations that seek to achieve policy goals through other than the traditional zoning means of use and bulk regulations. It will begin with a discussion of restrictive declarations, both as used historically and as currently relevant. It will review various zoning bonus mechanisms, including those directed at subsidizing public improvement projects and landmark and natural resource preservation. It will discuss particular regulations applicable to waterfront areas and various means used to ensure public access. It will discuss landmarks designation as type of land use regulation and it will discuss the particular types of programs and issues surrounding zoning incentives and requirements to achieve affordable housing goals. There will be a focus on including the private sector as a way of achieving public policy goals and on the outer, i.e., constitutional, boundaries on these alternative types of regulations.


Samuel Brill, Kramer Levin Naftalis & Frankel Sheila Pozon, Kramer Levin Naftalis & Frankel James P. Power, Kramer Levin Naftalis & Frankel LLP


Restrictive Covenants and Declarations

• Historic Nuisance Law

• Nuisance Concerns Incorporated Into Historic Restrictive Covenants That Often Survive Today

• Newly Used by Municipalities in Connection With Rezonings and Other Approvals

• Must Avoid the Trap of Contract Zoning

Bonus Mechanisms

• Bonuses for Public Amenities, e.g., Plazas and Arcades

• District Improvement Plan Contributions

• Landmarks Transfers

• Farmland, Natural Resource Preservation

Waterfront Access

• Special Zoning Regulations Often Apply in Waterfront Areas to Ensure Public Access

• In Other Cases, Land Use Approvals Can Be Conditioned on Public Access

• Conditional Approvals Have Been the Subject of Constitutional Challenges, Particularly Within the Field of Takings - Regulatory and Partial/Development Exaction Takings


• Brief History of Landmarks Regulations

• Directed Specifically at Concerns of Historic and Architectural Character of Buildings and Other Structures

• In Many Cases, Advocates Have Sought to Use Landmarks Designation as a Means of Regulating Neighborhood Scale or Even Stopping Development

• Economic Justice Issues Around Landmarks Regulations

Affordable Housing

• Bringing Private Sector Involvement to the Affordability Problem

• Courts Have Mandated Affordable Housing in Some Cases, e.g., Mount Laurel

• First Legislative Solutions Were Voluntary

• Recent Trend Toward Mandatory Inclusionary Housing