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Model State Land Use Legislation for New England

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Model State Land Use Legislation for New England University of Southern Maine USM Digital Commons New England Environmental Finance Center Legislation (NEEFC) 7-2003 Model State Land Use Legislation for New England New England Environmental Finance Center Muskie School of Public Service Follow this and additional works at: https://digitalcommons.usm.maine.edu/legislation Part of the Agricultural and Resource Economics Commons, Environmental Design Commons, Environmental Engineering Commons, Environmental Indicators and Impact Assessment Commons, Finance Commons, Finance and Financial Management Commons, Growth and Development Commons, Historic Preservation and Conservation Commons, Natural Resource Economics Commons, Natural Resources and Conservation Commons, Natural Resources Management and Policy Commons, Real Estate Commons, Sustainability Commons, Taxation Commons, Urban, Community and Regional Planning Commons, and the Urban Studies and Planning Commons Recommended Citation New England Environmental Finance Center and Muskie School of Public Service, "Model State Land Use Legislation for New England" (2003). Legislation. 2. https://digitalcommons.usm.maine.edu/legislation/2 This Article is brought to you for free and open access by the New England Environmental Finance Center (NEEFC) at USM Digital Commons. It has been accepted for inclusion in Legislation by an authorized administrator of USM Digital Commons. For more information, please contact [email protected]. Model State Land Use Legislation for New England prepared by the New England Environmental Finance Center Edmund S. Muskie School of Public Service University of Southern Maine July 2003 TABLE OF CONTENTS 1. OVERVIEW AND CONTEXT ............................................................................................................... 3 2. A PROPOSAL FOR THE CREATION OF MUNICIPAL SERVICE DISTRICTS ......................... 8 THE NEW ENGLAND TOWN ........................................................................................................................ 9 SUMMARY OF THE PROPOSAL................................................................................................................... 14 First: Authorize a new form of general purpose local government, the Municipal Service District. 15 Second: Provide a package of financial assistance for the formation of Municipal Service Districts.17 SAMPLE FISCAL NOTE TO STATE ............................................................................................................... 19 EXAMPLES OF TWO POSSIBLE MUNICIPAL SERVICE DISTRICTS IN MAINE (TO ILLUSTRATE STATISTICS)..20 MODEL LANGUAGE TO CREATE MUNICIPAL SERVICE DISTRICTS ............................................................. 22 MODEL STATUTORY PROVISIONS.............................................................................................................. 23 3. A PROPOSAL FOR OUTCOME-BASED COMPREHENSIVE PLANNING LAW ..................... 52 BACKGROUND .......................................................................................................................................... 53 AN OUTCOME-BASED APPROACH.............................................................................................................. 55 MODEL LANGUAGE FOR REGIONAL LAND USE PLANNING USING AN OUTCOME-BASED APPROACH ........... 57 4. OMNIBUS MODEL STATE-LEVEL LAND USE CONTROL LEGISLATION ........................... 69 BACKGROUND .......................................................................................................................................... 69 PROVISION I. FINDINGS, PURPOSE, AND GOALS........................................................................................ 69 PROVISION II. DEFINITIONS ...................................................................................................................... 71 PROVISION III. RATE OF GROWTH ORDINANCES ...................................................................................... 75 PROVISION IV. LOCAL AUTHORITY FOR GROWTH MANAGEMENT ........................................................... 78 PROVISION V. CLUSTERED, PLANNED UNIT, HIGH DENSITY, AND IN-FILL DEVELOPMENT ...................... 81 PROVISION VI. LOW- AND MODERATE-INCOME HOUSING ....................................................................... 83 PROVISION VII. LOCALLY UNWANTED LAND USES ................................................................................. 85 PROVISION VIII. FISCAL OBLIGATIONS OF THE STATE ............................................................................. 88 PROVISION IX. STATE REVIEW OF LOCAL LAND USE REGULATIONS AND APPEALS ................................ 92 PROVISION X. LIMITATIONS ON POWERS OF INITIATIVE AND JUDICIAL REVIEW ...................................... 97 −2− 1. Overview and Context Sprawl is neither the ordained nor the inevitable outcome upon the New England landscape. A coordinated response to sprawl by the public and private sectors is possible, and could dramatically improve land use patterns and reduce the cost of local government. For the New England states, such a response would include, among other elements, legislation to eliminate existing gaps in the land use laws of each state – gaps that presently encourage or sanction sprawling development. It would also include incentives for municipalities to think beyond their borders and to act with greater efficiency and effect. It is the purpose of this omnibus package to respond to both needs. Sprawl has been well described as dispersed, auto-dependent development outside compact urban and village centers, along highways and in rural countryside. Its impacts are well documented and include, among others, the loss of wildlife habitat and productive farmland and forestland, the draining of traditional town and city centers, a loss of sense of place and community, and an increase in health problems in children and adults due to sedentary life styles. The economic impacts of sprawl are great. They include excessive public costs for roads and utility extensions; decline in economic opportunity in traditional town and city centers; disinvestment in existing buildings, facilities, and services in urban and village centers; relocation of jobs to peripheral areas at some distance from population centers; decline in number of jobs in some sectors, such as retail; isolation of employees from civic centers, homes, daycare and schools; and reduced ability to finance public services in urban centers.1 In the face of such growing costs, it is incumbent upon all levels of government to respond in a comprehensive, forceful, and effective manner. Specifically, state governments have a responsibility to be exceptionally clear about their relationships with municipalities regarding land use planning and control. Considerable attention has been paid to the question of what is the appropriate balance today between state and local authority regarding land use planning and control in the six New England states; still, the answer to the question is far from clear2,3,4,5,6. To answer it more directly and thereby address problems of sprawl requires acknowledgement by the state and municipalities that: 1) land use authority is a responsibility shared by municipalities and the state; 2) when certain of states’ responsibilities are jeopardized, including its financial, social, and environmental responsibilities, the state can and will assert authority to meet them; 3) primary land use 1 Vermont Forum on Sprawl. << http://www.vtsprawl.org >> 2 Bosselman, Fred, and David Callies, The Quiet Revolution in Land Use Control, 1971 3 Healy, Robert, Land Use and the States, 1976 4 Pelham, Thomas, State Land-Use Planning and Regulation, 1979 5 Degrove, John, Land Growth and Politics, 1984 6 Burby, Raymond, and Peter May, Making Governments Plan, 1997 −3− decision making authority can and should reside at the local level, while state review is necessary and appropriate where state interests and responsibilities are at stake; and 4) when the state asserts authority over municipalities, it must be done equally and fairly across the state. Subsequently, a legal framework must be established that allows these principles to be reflected in land use decision making and in other, related municipal activities, including property taxation and assessment, administration of K-12 education, and wastewater and solid waste management. Conversely, the legal framework must assure that individual state actions, particularly investments in major infrastructure, do not compromise either statewide goals or local land use plans, and that state financial assistance is available to help local governments build carrying capacity for patterns of development other than sprawl. This legal framework is provided here, in a manner that will allow any state that so wishes to enact all or a portion of the components. The framework is organized in three parts, moving from the comprehensive to the specific. They are: 1) A mechanism to create a form of regional governance tailored to New England. This mechanism (Section 2 of this document) would use incentives for towns and related school administrative units to voluntarily assemble themselves into new units of general purpose local government, which we call “Municipal Service Districts,” based on certain threshold criteria. The purpose of this comprehensive approach is two-fold: to reduce the costs of local government, and to provide the geographic basis for sound land use policy in small regions. 2) A far-reaching set of amendments
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