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New York State Municipal Home Rule Law – General Powers of Local Governments to Adopt & Amend Local Laws; Restrictions
Date Added: Saturday, May 6, 2017Land Acquisition, Local Boards, Local Governance, Transportation & Land Use Planning, Street & Sidewalk Development
State: Not Applicable
Municipal Home Rule Law Chapter 36-A Article 2 Section 10 articulates the powers of local county, city, town, or village governments to include: acquisition and care of highways, roads, streets, avenues, and property; acquisition of transit facilities; collection, fixing, and administration of local government rentals, charges, rates or fees; and regulation or licensing of businesses and occupations. Section 11 outlines the restriction of powers of local county, city, town, or village governments to adopt local laws, including: the regulation o..
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New York State Statutes that Provide for the Protection of Agricultural Lands
Date Added: Wednesday, December 2, 2015Agriculture, Farmland Protection & Preservation
State: Not Applicable
Michael Morea’s article reviews different New York State statutes and different methods that can be implemented to preserve farmland and still allow development. The author concludes that New York State is trying to carry out its Constitutional policy of preserving farmland, but that the statutes are largely separated and it is difficult for the municipality to create a effective policy. Some of the statutes that the author discovered provide tax breaks and financial incentives for the creation of easements restricting the land to agricultural ..
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New York State Coastal Erosion Hazard Areas Act
Date Added: Monday, May 8, 2017Coastal Protection, Development Standards, Erosion & Sedimentation Control, State Land Use Law, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
State: Not Applicable
The statute calls for the identification and mapping of coastal erosion hazard areas within the state by the commissioner of the state Department of Environmental Protection (DEP) and for local governments to formulate an erosion hazard area ordinance or local law, to be reviewed by the commissioner. The commissioner also adopts regulations establishing minimum standards for development in erosion hazard areas. Any person wishing to undertake development in an erosion hazard area must obtain a permit from the DEC...
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State of New York Coastal Erosion Hazard Areas Act
Date Added: Monday, May 8, 2017Coastal Protection, Erosion & Sedimentation Control
State: Not Applicable
The purpose of this statute is to prevent coastal erosion from destroying natural resources, property, and human life. This statute states causes of erosion and presents policies to address erosion. The main focus is on the identification of coastal erosion hazard areas and the creation and implementation of local laws to address the problems in such areas. The state commissioner in consultation with local governments must identify hazard areas in the state and then hold public hearings before the final identifications are made. The commissi..
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Building Height Limits
Date Added: Monday, June 4, 2018Healthy Communities, Traffic Calming & Safety
State: Not Applicable
Washington’s zoning code provides height limitations for structures placed at or near street intersections. The code states that no new structure can be over thirty inches in height above the grade of the street. The restrictions create intersections that are more convenient and safe for the town residents, free from potentially dangerous obstructions in order to minimize traffic accidents and fatalities...
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Town of Wethersfield Wind Energy Conversion Device/Farm Licensing, Siting & Design Regulations & Requirements Law.
Date Added: Friday, April 14, 2017Wind Energy
State: Not Applicable
In 2006, the Town of Wethersfield adopted the "Town of Wethersfield Wind Energy Conversion Device/Farm Licensing, Siting and Design Regulations and Requirements Law.” The law establishes numerous requirements related to setbacks, safety, sound, shadow flicker, wildlife impacts, farming impacts, etc. Wethersfield requires applicants to obtain a license in order to operate the wind farm. This license can be renewed every five years, with fee relating to megawatt capacity...
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New York’s Second Land Use System: A Description of New York City Land Use Law
Date Added: Wednesday, March 2, 2016Land Use Planning, Local Boards, Zoning
State: Not Applicable
Kathryn M. Ryan’s paper describes New York City's complex zoning regulations. Its purpose is to condense and explain the most important features of that code in a digestible format. It relies heavily on materials to be found on a variety of the City’s web pages, including that of the Department of City Planning, some of which is presented here verbatim...
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New York State Land Use Enabling Acts
Date Added: Monday, May 8, 2017Land Use Planning, Local Governance, State Land Use Law, Zoning
State: Not Applicable
Parallel provisions of New York State’s Town, Village, and General City Law grant local governments powers to zone similar to those granted by the Standard State Zoning Enabling Act (SZEA) promulgated by the U.S. Department of Commerce in the 1920s. New York State encourages, but does not require, local governments to adopt comprehensive plans, and state statutes enumerate 15 topics that may be included in comprehensive plans. Local governments have considerable additional powers to regulate local land use under the home rule provisions of the ..
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Model Small-Scale Solar Siting Ordinance
Date Added: Monday, June 18, 2018Solar Energy, Zoning
State: Not Applicable
Columbia Law School’s Center for Climate Change Law developed the Model Small-Scale Solar Siting Ordinance, which includes several helpful solar energy system definitions. The model ordinance defines building-integrated photovoltaic (BIPV) systems as those that integrate photovoltaic modules into the building structure, such as the roof or fac¸ade, but which do not alter roof relief. The model defines freestanding or ground-mounted solar energy systems as those directly installed in the ground and not attached or affixed to an existing structur..
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New York State Constitution Article IX. Local Governments
Date Added: Thursday, January 26, 2017Local Boards, Local Governance
State: Not Applicable
Article IX of the Constitution of the State of New York defines the peripheral rights delegated to local government. The local government shall have a legislative body, controls the election planning elected by the people or appointment, allocate funding for the local government, and confer powers to the local government regarding enactments of laws and statutes...
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State of Massachusetts Cluster Development by Special Use Permit Ordinance
Date Added: Saturday, May 6, 2017Development Standards, Clustering & Cluster Development, Zoning
State: Not Applicable
Section nine of chapter 40A authorizes zoning ordinances or by-laws to provide for special permits for uses that are in harmony with the general purpose and intent of the ordinance or bylaw, including special permits for cluster developments. Such cluster developments are to be permitted upon review and approval by a planning board pursuant to the subdivision control laws of chapter forty-one, sections 81K to 81GG inclusive. See paragraph six. Paragraph seven defines cluster development, as among other things, residential developments separa..
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State of Massachusetts Affordable Housing Zoning – by Special Use Permit Ordinance
Date Added: Saturday, May 6, 2017Affordable Housing , Zoning
State: Not Applicable
This statute authorizes the issuance of special permits authorizing increases in the permissible density of populations, provided that the applicant provide housing for persons of “low or moderate income. This statute authorizes zoning ordinances or by-laws to provide for special permits for uses that are in harmony with the general purpose and intent of the ordinance or bylaw. Such permits may also impose conditions, safeguards and limitations on time or use. ..
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How Can a Community Create Affordable Housing Opportunities?
Date Added: Wednesday, March 2, 2016Affordable Housing
State: Not Applicable
New York does not allow municipalities to use zoning laws to discriminate on race or socioeconomic standing. Analysis of case law shows a trend of encouraging development of affordable housing, though New York does not expressly forbid exclusionary zoning...
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Town of Goshen Moderate Income & Affordable Housing Law
Date Added: Friday, May 5, 2017Affordable Housing , Local Boards
State: Not Applicable
The Moderate Income and Affordable Housing Local Law recognizes the need for affordable housing and establishes development standards, eligibility requirements (priority given to emergency personnel and municipal employees), maintenance and tax assessments for affordable housing units. Additionally, the ordinance establishes a Housing Review Board to oversee and administer these program objectives...
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State of New York Series I: Basic Tools and Techniques Issue Number 3 Local Boards and Practices
Date Added: Wednesday, March 2, 2016Land Use Planning, Local Boards
State: Not Applicable
The New York state legislature has created a system of local boards to govern the use and conservation of land and the quality of life as it is affected by land use. The local legislature adopts zoning and land use regulations; after a zoning code is adopted by this first group, a zoning board of appeals is created to perform quasi-judicial and administrative functions; and a planning board is created to perform advisory and administrative functions related to community planning and land use decision-making...
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New York State Town Law: § 261-b. Incentive Zoning
Date Added: Sunday, August 28, 2016Incentive Zoning
State: Not Applicable
This law grants incentive zoning power to Towns in New York State. Incentives (also known as bonuses) are defined as: “adjustments to the permissible population density, area, height, open space, use, or other provisions of a zoning ordinance or local law for a specific purpose authorized by the town board. The law also discusses such topics as the authority and purposes of Incentive Zoning, and the implementation of Incentive Zoning. ..
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New York State Site Plan Review Ordinance
Date Added: Friday, April 14, 2017Site Plan Approval
State: Not Applicable
This law authorizes cities in New York State to undertake the process of Site Plan Review. The law sets forth criteria which city zoning boards may use when doing Site Plan Review, such as: parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as any additional elements specified by the legislative body in such zoning ordinance or local law. The law also discusses other features of Site Plan Rev..
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New York State Town Law – Incentive Zoning Ordinance
Date Added: Monday, May 8, 2017State Land Use Law
State: Not Applicable
This state law from New York is a model for state governments seeking to promulgate statutory law to guide its towns in their local zoning and planning efforts. Incentive Zoning is an implementation tool for municipalities to utilize in working toward smart growth...
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Recommended Model Development Principles for Protection Natural Resources - Hudson River Estuary
Date Added: Wednesday, December 2, 2015Development Standards
State: Not Applicable
This document presents specific recommendations on how to foster more environmentally sensitive local site design within the Town of Clinton, NY. The purpose of the project is to review existing development codes and identify regulatory barriers to environmentally sensitive residential and commercial development at the site level within the bounds of the Wappinger Creek Watershed. Code modifications and recommendations were crafted to provide flexibility, support, and guidance for developers implementing Better Site Design. This document focuse..
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New York State General City Law: Chapter 21; Article 3 Official Maps & Planning Boards; § 27 Planning Board, Creating & Appointing
Date Added: Thursday, March 2, 2017Local Boards, Local Governance
State: Not Applicable
This law authorizes cities in New York State to create Planning boards, and describes the appointment procedures for these boards. The law specifies such things as what persons are eligible for positions on the Planning Boards, what the term of service should be for these positions, the size of the Boards, and the voting procedures. ..
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Seattle, WA Removes Barriers to ADU Development
Date Added: Tuesday, August 31, 2021Accessory Uses , Healthy Communities
State: Not Applicable
Recently enacted zoning legislation that removes significant barriers to ADU development in order to address the city’s housing crisis. The new code removes off-street parking and owner occupancy requirements while also streamlining the approval process for ADU development. Seattle also created a user-friendly website to simplify the process for its residents, connecting homeowners considering ADUs to members of the design and construction community, even addressing the high cost of ADU development through access to low-interest financing..
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New York City Housing Development Corporation Act
Date Added: Thursday, March 2, 2017Local Boards, Local Governance
State: Not Applicable
Legislation creating and empowering the New York City Housing Development Corporation. ..
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New York State Town Law – Site Plan Review Ordinance
Date Added: Tuesday, May 9, 2017Local Boards, Site Plan Approval, Zoning
State: Not Applicable
This law empowers Town Boards in New York state to conduct site plan review. The law contains instructions for towns to authorize planning boards to review proposed site plans, conduct public hearings, and make rulings as to approval (i.e. approval, approval with modification, conditional approval). Planning boards are also authorized to issue variances when public policy dictates. In addition, the law outlines other functions a planning board may perform, including: requiring reservation of parkland (or money in lieu thereof) or requiring the ..
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Town of Warren Wind Energy Facilities Law
Date Added: Friday, April 14, 2017Wind Energy
State: Not Applicable
The Town of Warren adopted a “Wind Energy Facilities” law in 2005. The law establishes procedural requirements as well as requirements for sound and setbacks. Additionally, the legislation requires applicants to fund an interest bearing account, the funds of which will be used to decommission the facility. Wind facilities must be de-commissioned after 25 years...
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Massachusetts Housing & Urban Renewal Ordinance
Date Added: Thursday, April 13, 2017Urban Renewal
State: Not Applicable
Section twenty three of chapter one hundred and twenty-one B, titled “Housing And Urban Renewal,” authorizes a municipality to do “any and all … things necessary or convenient to aid and cooperate in the planning, construction or operation of a housing, clearance, relocation or urban renewal project within its limits.” Such things include the adoption or modification of its zoning rules and regulations, the purchase of any of the bonds or notes of an operating agency and the selling, conveyance or leasing of any of its interests in any propert..
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New York State Town Law: § 271. Town Planning Board, Creation & Appointment
Date Added: Thursday, March 2, 2017Local Boards, Local Governance
State: Not Applicable
This law describes the creation and appointment procedures for Planning Boards in Towns located in New York State. The law specifies such things as: what persons are eligible for positions on the Planning Boards, what the term of service should be for these positions, the size of the Boards, and the voting procedures. ..
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State of Massachusetts Environmental Impact Review Ordinance
Date Added: Wednesday, March 2, 2016Environmental Impact Review Requirements
State: Not Applicable
Section sixty-one of chapter thirty requires all agencies to review, evaluate, and determine the impact on the natural environment of all works, projects, or activities conducted by the agencies and use all practicable means and measures to minimize damage to the environment. Section sixty-two defines “agency” to mean “an agency, department, board, commission or authority of the commonwealth, and any authority of any political subdivision which is specifically created as an authority under special or general law.” Any determination made by an..
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State of New York Waterfront Revitalization of Coastal Areas & Waterways Ordinance
Date Added: Monday, May 8, 2017Coastal Protection, Erosion & Sedimentation Control, Economic Development, Waterfront Revitalization
State: Not Applicable
The Waterfront Revitalization of Coastal Areas and Waterways Law (Article 42) recognizes that the social and economic well being and general welfare of the people are dependent on the preservation, enhancement, protection, development and use of the natural and man-made resources of the state’s coastal area and inland waterways, including lakes, rivers, canals, as well as islands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs and erosion prone area. The secretary will have the power and duties to oversee that coordinated and compre..
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Town of Malta Planning Board & Zoning Board of Appeals Ordinance
Date Added: Saturday, May 6, 2017Local Boards, Zoning
State: Not Applicable
This chapter of the Town Code of the town of Malta applies to the appointment, terms, functions and powers of alternate members to those appointed to serve on the Planning Board/Zoning Board of Appeals in the Town. The use of such alternate members to fill in for those that are absent is authorized pursuant to the provisions of the chapter...
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Town of Malta Department of Building & Planning Ordinance
Date Added: Saturday, May 6, 2017Local Boards, Site Design Standards, Site Plan Approval, Zoning
State: Not Applicable
Chapter 3 of the Town Code for the Town of Malta creates the Department of Building and Planning in order to provide for the efficient administration and enforcement of laws relating to planning, zoning, fire safety and prevention, building construction, the environment, development, master planning and such other areas the Town Board may deem appropriate...
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State of New York Hudson River Valley Greenway
Date Added: Monday, May 8, 2017State: Not Applicable
This law is enacted to preserve and protect natural resources along the Hudson River Valley. The law creates and empowers both the Hudson River Valley Greenway Communities Council and the Greenway Heritage Conservancy for the Hudson River Valley, and gives these agencies the responsibility for carrying out the goals stated above. ..
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Town of La Grange Training Requirements for Planning Board Members Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
State: Not Applicable
This law requires land use training for planning board members in The Town of La Grange. This law also enumerates other powers and duties of the Planning Board...
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Town of Guilford Plan for Open Space and Municipal Land Needs
Date Added: Monday, October 17, 2016Land Acquisition, Open Space Preservation
State: Not Applicable
This ordinance provides a comprehensive approach to land acquisition. The community looks at the needs of the town in terms of open space protection, passive recreation, active recreation, and municipal facilities to help plan for the future...
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New York State Statute of Local Governments: Chapter 58-A of the Consolidated Laws
Date Added: Wednesday, March 15, 2017Local Governance
State: Not Applicable
The Statute of Local Governments grants powers to local governments pursuant the State Constitution. These include, but are not limited to, the powers to adopt, amend and repeal ordinances, acquire real property, establish recreational facilities on the property, and administer rent in connection with the property. Local governments can also adopt zoning regulations and perform comprehensive planning work related to their jurisdiction. The legislature reserves several powers to enact laws including those laws relating to defense of state in ..
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Updated Town and Village of Middleburgh Comprehensive Plan
Date Added: Monday, June 11, 2018Comprehensive Planning, Economic Development, Flood Prevention, Historic Preservation, Land Use Planning, Open Space Preservation, Solar Energy, Farmland Protection & Preservation
State: Not Applicable
The Town and Village of Middleburgh, New York’s 2015 Comprehensive Plan calls for commercial-scale solar farms to be allowed through a Special Use Permit and that standards be applied to this use that ensures consistency with the scenic, environmental, and agricultural needs of the community. According to the plan, modifications to the community’s zoning ordinance should be made to ensure that these farms do not create negative aesthetic impacts and or direct glare onto roads or neighboring properties. The Plan also calls for the Town’s zoning ..
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Massachusetts Affordable Housing Appeals Law
Date Added: Wednesday, February 24, 2016Affordable Housing
State: Not Applicable
The legislature of the Commonwealth, in Chapter 23B of the Massachusetts Code, has created the Massachusetts Department of Housing and Community Development. Within the Department of Housing and Community Development, the legislature created a Housing Appeals Committee. Mass. Gen. Law Ch. § 5A (2004).
Under the Commonwealth’s Low and Moderate Income Housing Law, certainties entities who wish to build affordable house may follow a streamlined application process. If the application is denied or conditionally granted, the entity may appeal..
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Town of Clinton Cluster Development Residential Ordinance
Date Added: Wednesday, February 10, 2016Clustering & Cluster Development
State: Not Applicable
This residential cluster development law establishes a procedure for specifying the zoning district in which the law is applicable and the objectives to be accomplished. The law’s “standards” provide the applicable density and dimensional requirements and siting guidelines.
The law provides for the preservation of open space land and the granting of perpetual conservation easements to the municipality or qualified not-for-profits that prevent further development.
..
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Garden City Village, NY Affordable Housing
Date Added: Tuesday, August 31, 2021Affordable Housing , Healthy Communities, Density
State: Not Applicable
Garden City Village enacted an Affordable Housing Density Bonus to promote affordable units within the village. Affordable housing is affordable for those whose income is 80% or less AMI. The density bonus includes a density increase by at least 10% or an increase in floor area ratio, and the additional units created must be dedicated affordable. These bonuses are permitted in any residential or mixed use zones in which five or more residential units are being developed. The ordinance also sets guidelines for permitting, deed, ownership, and co..
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City of Pasadena Green Building Practices
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
The city of Pasadena, California has adopted into its municipal code Green Building Practices in order to promote sustainable development and environmentally-friendly construction. Pasadena is located in Los Angeles County, surrounded by the Raymond Fault Line, San Rafael Hills, and San Gabriel Mountains. Home to approximately 148,000 residents, the city is perhaps most famous for hosting the annual Rose Bowl college football game. In 2007, Pasadena became involved with other cities in the state (including Los Angeles, Sacramento, and San Fr..
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State of North Carolina Tree Preservation Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Tree Preservation & Protection
State: Not Applicable
North Carolina does not have specific enabling legislation allowing cities and counties to regulate tree preservation. Nevertheless, a number of local governments have passed ordinances dealing with tree preservation, including the Cities of Charlotte and Greensboro. The City of Greensboro cited its general power to pass ordinances under § 160-174 as authority for creating its Advisory Commission on Trees, which manages its Tree Preservation Ordinance. GREENSBORO, NC CODE §§ 30-9-13 et. seq., §§ 30-5-4...
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City of Ronhert Park Local Energy Efficiency Standards & Green Buildings Ordinance
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
The City of Rohnert Park’s “Energy Efficiency Standards” set minimum energy efficiency requirements for all new low-rise residential construction of any size, all low-rise residential additions equal to or greater than one thousand square feet of conditioned floor area, and all residential and nonresidential swimming pools and water features. The standards operate by setting required levels of efficiency that exceed the state-level energy requirements by a certain percentage. The percentages are imposed on a sliding scale, such that increasing..
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New York State Town Law – Ordinances & Licenses
Date Added: Monday, May 8, 2017Comprehensive Planning, Local Boards, Local Governance, Street & Sidewalk Development
State: Not Applicable
Article 9, sections 130-139 of New York Consolidated laws describes the authority town ordinances might have over building construction, maintenance, and removal; plumbing regulations; dwellings; sidewalks, streets, and highways; fire prevention; encroaching walls; pets and wildlife and other areas. The article also describes the procedures of effecting an ordinance, the issuing of licenses, and the role of the building inspector...
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City of Scottsdale Historic Property Zoning
Date Added: Saturday, August 27, 2016Historic Preservation, Overlay District
State: Not Applicable
The (HP) Historic Property zoning overlay district is intended to protect and enhance the cultural, historical, social or archaeological heritage of the City of Scottsdale. The HP
District encourages the retention of historic resources by keeping them in active use in their original appearance, setting, and placement...
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City of Jamestown Freshwater Wetlands Ordinance
Date Added: Friday, May 5, 2017Land Use Planning, Site Plan Approval, Wetlands & Watercourse Protection
State: Not Applicable
This law is aimed at preserving and reclaiming wetlands, by creating a permit system, for persons who seek to conduct, or who are conducting, any activity on a freshwater wetland. ..
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New York State Town Law – Board of Appeals Procedure Ordinance
Date Added: Monday, May 8, 2017Local Boards, Zoning
State: Not Applicable
This statute establishes the procedure that the Zoning Board of Appeals is required to follow. The procedure includes holding meetings that are open to the public and requiring the minutes of the meetings to become public record. The statute also establishes the appellate jurisdiction of the Zoning Board of Appeals and creates the procedure and time requirements for appeals to be filed...
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Prince George’s County Floodplain Ordinance
Date Added: Monday, March 21, 2016Floodplain Regulations
State: Not Applicable
Prince George’s County has one of the strongest environmentally oriented statement of purposes, as the law intends to “protect the biological and environmental quality of the watersheds” under its jurisdiction. The ordinance does not prohibit development in the floodplain, but implements a series of innovative approaches to management that include compensatory storage and stream buffer zones...
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City of San Diego Land Development Manual: Storm Water Standards
Date Added: Monday, March 21, 2016Floodplain Regulations, Stormwater Management
State: Not Applicable
This ordinance is designed as a manual for selection, design, and incorporation of storm water Best Management Practices (BMPs) into the project’s design plan. It requires identification of pollutants of concern from land use activities and pollutants and conditions of concern in receiving waters. The manual additionally requires pollution prevention throughout. One example is pollution prevention through pest control in the design of a site to avoid pesticide application...
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State of New York Intermunicipal Cooperation in Comprehensive Planning & Land Use Regulation
Date Added: Monday, May 8, 2017Land Use Planning
State: Not Applicable
This law expresses statutory authority for city governments in New York State to enter into agreements with one another for comprehensive planning and land use regulation in order to facilitate intergovernmental cooperation in an effective and efficient way...
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State of New York Transfer of Development Rights Ordinance
Date Added: Monday, May 8, 2017Purchase of Development Rights, Scenic Resources, Transfer of Development Rights (TDR), Natural Resource Protection & Conservation, Farmland Protection & Preservation
State: Not Applicable
This law authorizes cities within New York State to transfer development rights with respect to parcels of land under zoning ordinances or local laws, and also governs the transfer of development rights between sending and receiving districts...
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The Town of Middleburgh Nonconforming Uses, Structures and Lots Ordinance
Date Added: Tuesday, May 23, 2017Flood Prevention, Zoning
State: Not Applicable
The Town of Middleburgh has several districts which must meet certain specifications. Parcels in the Flood Protection District (FPD) must comply with the Flood Damage Prevention Law and new parcels (after 12/31/07) must comply with the district requirements. The Planned Development District (PDD) was designed to accommodate such large-scale uses as to the benefit to the community. The law is not intended to restrict the construction or use of underground or overhead public utility distribution facilities. There are specific restrictions on gaso..
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Accessory Dwelling Unit Handbook
Date Added: Thursday, August 12, 2021Accessory Uses , Affordable Housing , Healthy Communities
State: Not Applicable
California’s new legislature reduces impediments on ADUs. Local legislatures may no longer use minimum lot sizes to limit ADU development, eliminates all owner occupancy requirements, prohibits local governments from setting maximum sizes under 850 square feet, renders CC&Rs void where unduly restrictive on ADU development, and requires local governments to create affordable units for various income levels. ..
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Town of Brookhaven Central Pine Barrens District
Date Added: Tuesday, April 18, 2017Wildlife & Fish Habitat, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
The Town of Brookhaven, New York, uses its zoning code to prevent floods, protect floodplains and other sensitive environmental areas. The zoning contains the Pine Barrens Credit Program, a transfer of development rights program, to maintain the value in lands designated for preservation and protection. Additionally, the program allows environmentally sensitive development to occur in an efficient and orderly fashion, which protects the quality and quantity of waters and the integrity of the Suffolk County Central Pine Barrens ecosystem(s). The..
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Town of Eagle Wind Energy Conversion Facilities Siting Law
Date Added: Friday, April 14, 2017Wind Energy
State: Not Applicable
The Town of Eagle enacted a Wind Energy Conversion Facilities Siting Law in 2005. The law requires that construction be preceded by review, approval, and licensing and must fully comply with State Environmental Quality Review Act (SEQRA). When determining whether to issue license, town board shall consider approved site plan, aesthetic impact, location impact, physical impact, economic impact, and sociopolitical impact, and general health and welfare of community...
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New York State General City Law: Chapter 21; Article 3 Official Maps and Planning Boards; § 28-a. City Comprehensive Plan
Date Added: Wednesday, March 2, 2016Comprehensive Planning
State: Not Applicable
This law authorizes city governments in New York to develop comprehensive plans and to regulate land use for the purpose of protecting the public health, safety and general welfare of their citizens. The law identifies several items which these comprehensive plans should include: (a) General statements of goals, objectives, principles, policies, and standards upon which proposals for the immediate and long-range enhancement, growth and development of the city are based, (b) Consideration of regional needs and the official plans of other governm..
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New York State Town Law – Zoning Board of Appeals
Date Added: Monday, May 8, 2017Local Boards, Zoning
State: Not Applicable
This section of the New York State Town Law empowers town boards to form a zoning board of appeals composed of three to five members. Furthermore, it establishes the procedure for appointment and removal of members, the length of terms for the members, and the duties of the chairperson...
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Town of New Paltz Steep Slope Protection Ordinance
Date Added: Monday, May 8, 2017Erosion & Sedimentation Control, Flood Prevention, Scenic Resources, Steep Slope Protection, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
This law is designed to protect the physical and aesthetic integrity of steep sloping topographic features in the Town of New Paltz. To this end, the law places restrictions on the construction methods used by builders in sensitive areas, and creates a permit process one must go through to get approval to build. ..
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New York State Town – Transfer of Development Ordinance
Date Added: Monday, May 8, 2017Comprehensive Planning, Historic Preservation, Open Space Preservation, Scenic Resources, State Land Use Law, Transfer of Development Rights (TDR), Natural Resource Protection & Conservation
State: Not Applicable
This law gives town boards in New York State the authority to provide for transfer of development rights. The purpose of providing for transfer of development rights is to protect the natural, scenic or agricultural qualities of open lands, to enhance sites and areas of special character or special historical, cultural, aesthetic or economic interest or value and to enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource. ..
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2017 Comprehensive Plan- Town of Reading, New York
Date Added: Monday, June 11, 2018Comprehensive Planning, Economic Development, Land Use Planning, Solar Energy, Stormwater Management, Water Resource Protection, Wind Energy, Natural Resource Protection & Conservation, Traffic Calming & Safety, Parks & Recreation
State: Not Applicable
Reading, New York’s 2017 Comprehensive Plan promotes the use of solar energy throughout the community. It calls for Reading to provide information about the feasibility of solar energy to residents and to collaborate with state and other organizations in programs that encourage growth in solar energy systems. The plan also calls for Reading to reform its land use regulations to specifically allow certain types of solar energy systems and to establish procedures for review and approval of both small-scale accessory systems and large-scale instal..
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Town of East Hampton Policy Statement & Coastal Overlay District Ordinance
Date Added: Friday, April 14, 2017Coastal Protection, Overlay District, Sea Level Rise Adaptation
State: Not Applicable
The Town of East Hampton acknowledges that, while the extent of future sea level rise and increased storm activity may be uncertain, “it is well established that present sea level is rising and statistically certain that storms will be an ever-present threat to the Town’s coastal zone.” By enacting the coastal flooding and erosion control recommendations of the Town’s Local Waterfront Revitalization Program, Policies 11-17, the Town’s Coastal Overlay District (COD) is intended to improve protection of coastal resources in East Hampton. The CO..
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County of Westchester Model Conservation Easement
Date Added: Monday, March 21, 2016Open Space Preservation
State: Not Applicable
This conservation easement is a model that demonstrates the necessary elements of a conservation easement. There is an introductory commentary written by the Westchester Land Trust that explains some of the key provisions that are necessary in the terms of the agreement. There are also explanations of key elements and requirements particular to New York. This sample is discussed in the commentary Conservation Easements & Land Trusts: Overview, Examples and their Role in the Development Process, written by Sam Brown...
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State of Massachusetts Forest Cutting Practices & Timber Harvesting Ordinance
Date Added: Saturday, May 6, 2017Forest Management, Timber Harvesting, Natural Resource Protection & Conservation
State: Not Applicable
The regulation of forest cutting practices appears to rest solely with the state of Massachusetts. Regulations and licensing are found under Chapter one hundred and thirty-two of the General Laws of Massachusetts. MASS. GEN. Laws. ch. 132 (2004). The state declares its intention to protect forest lands in section forty of this chapter. Other helpful statutes defining terms and objectives are included below...
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Town of Yorktown Conservation Area Protection Laws
Date Added: Wednesday, March 30, 2016Conservation Districts & Subdivisions
State: Not Applicable
The Conservation Area Protection Laws regulate certain land uses to preserve the physical condition of certain real property. Specifically, the purpose of the Chapter 140 is the preservation or maintaining the scenic, open, historic, architectural, natural or open physical condition of the real property...
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Town of Canadice Wind Energy Conversion System Ordinance
Date Added: Friday, April 14, 2017Wind Energy
State: Not Applicable
The Town of Canadice enacted a law to regulate wind energy conversion systems (WECS) in 2006. This law establishes regulations for industrial, commercial, and residential WECS. The law establishes requirements related to issues including: setbacks, height, aesthetics, wildlife and noise. The law also has provisions related to deconstruction and removal of inactive wind turbines...
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City of Kingston Historic Preservation Commission
Date Added: Saturday, August 27, 2016Historic Preservation
State: Not Applicable
This law creates The Historic Landmarks Preservation Commission, as well as the guidelines for the Commission to follow. ..
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City of St. Louis Flood Plain Areas Ordinance
Date Added: Monday, March 21, 2016Floodplain Regulations
State: Not Applicable
The floodplain protection in the St Louis Revised Code lays out everything from the duties of the floodplain administrator to flood hazard reduction techniques and management procedures. It sets specific design criteria, for example that residences may not have living spaces below one food above flood level, or that commercial buildings use space below groundlevel only for parking...
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State of Illinois State Zoning Enabling Act – Municipal Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Zoning
State: Not Applicable
Corporate municipal authorities may regulate by ordinance to provide for comprehensive regulation of beneficial uses, protection from harms, and mitigation of activities associated with the use of land within their jurisdiction. Examples include height and bulk restrictions on buildings; set back lines along streets, trafficways, drives, parkways, or storm or floodwater runoff channels or basins; and limitations on the intensity of the use of lot areas, including the area of open space, within and surrounding such buildings. Municipal zoning a..
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City of Peekskill Watershed Protection & Enforcement Officer
Date Added: Saturday, May 6, 2017Environmental Compliance, Local Boards, Local Governance, Watershed Protection, Wetlands & Watercourse Protection
State: Not Applicable
This ordinance establishes the position of a Watershed Protection and Enforcement Officer and sets out the membership requirements and the duties entrusted to the position, with the goal of ensuring that the Environmental Conservation Law and the Penal Law of the State of New York are adhered...
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Town of Brookhaven Central Pine Barrens District
Date Added: Wednesday, February 10, 2016Comprehensive Planning
State: Not Applicable
This ordinance provides comprehensive details about planning tools and permitting processes that are consistent with the Central Pine Barrens Land Use Plan and promote the protection of the quality and quantity of surface water, groundwater and the short term and long term health of the Central Pine Barrens ecosystem. The ordinance recognizes Pine Barrens Credits for the transfer of development rights and incentive zoning, as well as a residential overlay district and a planned development district that support the protection of the core prese..
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New York State Tax Exemption for Wind Energy Systems
Date Added: Friday, April 14, 2017Wind Energy
State: Not Applicable
This NY state law provides a tax exemption for person with wind energy systems on their property if they were built before 1988 or between 1991 and 2011. The law exempts the property owner to the extent that the property value increases because of the presence of a wind energy system for a period of 15 years. A municipality has the authority to remove the exemption for any wind energy system constructed after 1991. If a municipality has not removed exemption, it may require the owner of property to enter a PILOT agreement for a term of no more..
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Town of Pawling Timber Harvesting Ordinance
Date Added: Friday, April 14, 2017Timber Harvesting
State: Not Applicable
This law seeks to protect natural resources from the adverse effects of timber harvesting such as erosion, sedimentation and drainage problems by requiring a permit for any tree clearing and timber harvesting activities. The law sets forth detailed requirements for permit application and review process where applicants must demonstrate compliance with performance standards...
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State of New York Bill of Rights for Local Governments
Date Added: Monday, May 8, 2017Land Acquisition, Local Boards, Local Governance
State: Not Applicable
The Bill of Rights for Local Government establishes the conditions under which local governments shall operate. In addition to procedures for the formation of local governments, this provision of the Constitution governs procedures regarding eminent domain, public utilities, and annexation of property...
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Establishing Land Use Protections for Community Gardens
Date Added: Tuesday, June 26, 2018Healthy Communities, Urban Farming & Community Gardens
State: Not Applicable
Local governments are promoting healthy eating and active living by supporting community gardens, which are spaces where community residents can gather to cultivate different crops. Planning for Healthy Places, which is a Public Health Law & Policy, has created a set of complementary model land use policy to help communities, specifically in California, create and preserve community gardens. This resource provides examples of communities that have existing laws and policies promoting community gardens and other resources that provide helpful in..
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Establishing Land Use Protections for Community Gardens
Date Added: Tuesday, June 26, 2018Healthy Communities, Urban Farming & Community Gardens
State: Not Applicable
Local governments are promoting healthy eating and active living by supporting community gardens, which are spaces where community residents can gather to cultivate different crops. Planning for Healthy Places, which is a Public Health Law & Policy, has created a set of complementary model land use policy to help communities, specifically in California, create and preserve community gardens. This resource provides examples of communities that have existing laws and policies promoting community gardens and other resources that provide helpful in..
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Village of Briarcliff Westchester County Greenway Compact Plan Ordinance
Date Added: Thursday, April 6, 2017Intermunicipal Agreements, Local Environmental Law, Zoning, Natural Resource Protection & Conservation
State: Not Applicable
The Village of Briarcliff has become a participating member in the intermunicipal agreement (the Greenway Compact) pursuant to the Environmental Conservation Law of the State of New York. Accepted amendments to the Greenway Compact are to be adopted by the Village of Briarcliff Manor and proposed amendments that are rejected are not to be considered amendments to the Village of Briarcliff, unless the Village determines these amendments and policies are in conflict with their comprehensive plan, which the Village Council has ultimate power to ap..
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Village of Croton-on-Hudson Greenway Compact Plan Ordinance
Date Added: Wednesday, May 3, 2017Intermunicipal Agreements, Local Boards
State: Not Applicable
The Village of Croton-on-Hudson has become a participating community in the intermunicipal agreement, the Greenway Compact Plan, whose policies, principles and guides are adopted from compendiums based on tourism and economic development, the maintenance of the Hudson River waterfront, building livable downtowns, growing smarter together, and patterns for the county’s preservation. Where appropriate, new land use laws should conform to the standards of the Greenway Compact Plan, but at no time should this intermunicipal agreement limit the auth..
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City of Arnold Floodplain Management Ordinance
Date Added: Wednesday, April 27, 2016Floodplain Regulations
State: Not Applicable
Arnold has very specific and stringent regulations for all construction in the Meramec and Mississippi River floodplains below 420 feet above sea level which range from permit requirements to enforcement provisions. In addition, the lowest floor of all floodplain construction must be elevated to at least three feet above the base flood elevation and in the floodways encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. Although not part of the ordinances, Arnold has a very aggressive buyou..
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State of New York Coordination with Agricultural Districts Program
Date Added: Wednesday, March 2, 2016Agriculture, Farmland Protection & Preservation
State: Not Applicable
This law states that local governments shall not pass rules or regulations that unreasonably restrict farm structures or practices unless they bear a direct relationship to public health and safety. Any application for development in an agricultural zone, or within five hundred feet of one, must include an agricultural data statement that the developer must send to the town board, planning board, or zoning board of appeals, as well as to the owner of the agricultural property. ..
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Town of Pawling Timber Harvesting Ordinance
Date Added: Monday, May 8, 2017Erosion & Sedimentation Control, Quality of Life, Timber Harvesting
State: Not Applicable
This ordinance emphasizes the value of local woodlands and sets standards for harvesting activities that can cause soil erosion and sediment-laden runoff, including stream crossings, location of landings, hauls roads, and skid trails. Making the connection between timber harvesting practices, water quality, and human and ecological health, the ordinance prescribes methods for sustainable harvesting that consider slope steepness, distance of operations from streams, and the use of logging roads. ..
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Tahoe Region Bonus Unit Incentive Program
Date Added: Saturday, April 22, 2017Incentive Zoning
State: Not Applicable
The Tahoe Regional Planning Authority Bonus Unit Incentive Program encourages the provision of environmental services to the Tahoe region, which may include land conservation and protection, regional smart growth infrastructure, habitat restoration, public recreation opportunities, and reduced land cover, in return for additional units for a residential or tourist accommodation project. The program grants additional residential units or tourist accommodation units based on a point system rewarded for mitigation measures to the region above and ..
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Village of Port Chester Waterfront Consistency Review Law
Date Added: Thursday, April 13, 2017Local Environmental Law, Waterfront Revitalization
State: Not Applicable
The purpose of Port Chester’s Waterfront Consistency Review Law is to provide consistent review procedures in the coastal area. It creates a waterfront commission, the duties of which include reviewing Coastal Assessment Forms (CAF) to determine whether proposed actions are consistent with the Local Waterfront Revitalization Program (LWRP) by incorporating environmental factors and consideration of coastal resources into the village planning and decision-making processes...
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New York Town Law – Intermunicipal Cooperation in Comprehensive Planning & Land Use Regulation
Date Added: Monday, May 8, 2017Comprehensive Planning, Intermunicipal Agreements, Land Use Planning, State Land Use Law, Zoning
State: Not Applicable
This state law from New York is a model for state governments seeking to promulgate statutory law to guide its towns in their efforts at local zoning and planning laws. Intermunicipal cooperation in comprehensive planning and land use regulation allows municipalities to work together toward smart growth in the region...
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Village of Croton-on-Hudson Water Supply Protection
Date Added: Wednesday, May 3, 2017Aquifer Protection, Natural Resource Protection & Conservation, Drinking Water Protection & Conservation
State: Not Applicable
The Water Supply Protection Code of the Village of Croton-on-Hudson establishes protective land use regulations for the watershed affecting well fields. It defines the three zones affecting the quality of the aquifer and provides a degree of regulation or management for each zone in order to protect the water supply source from contamination. The three-zone system is superimposed on existing land use zones, and requirements of the underlying districts shall continue to apply, except in the event of a conflict, where the more restrictive require..
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Village of Bronxville Planning Board Ordinance
Date Added: Wednesday, April 12, 2017Local Boards
State: Not Applicable
The Village of Bronxville established a planning board to prepare a Village Comprehensive Plan and to review and either approve or disapprove of site plans and subdivisions. This law provides the terms, vacancies, compensation and disqualification of planning board members and gives specific powers to the planning board...
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City of Wilmington Mixed Use District Ordinance
Date Added: Sunday, August 28, 2016Incentive Zoning, Mixed/Multiple Use
State: Not Applicable
This ordinance provides for the granting of density bonuses for various environmental improvements, transportation enhancements, affordable housing, preservation of historic resources and improvement of pedestrian facilities. The more significant the community benefit, the greater the bonus awarded. ..
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Town of Eden Stormwater Management & Erosion Control Ordinance
Date Added: Thursday, May 4, 2017Development Standards, Erosion & Sedimentation Control, Stormwater Management
State: Not Applicable
Chapter 177 of the Town Code for the Town of Eden serves to decrease stormwater and erosion problems, associated with increased development in Eden, NY. Article II. Stormwater Management and Erosion and Sediment Control Within the Regulated MS4 Overlay District was added in 2007 and describes regulations to manage stormwater, and erosion and control sediment within the RMS4 overlay district, which is a district which has been determined by federal and state agencies to be a regulated municipal separate storm sewer system (RMS4) under the Phase..
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Town of Yorktown Landmark Preservation Ordinance
Date Added: Saturday, August 27, 2016Historic Preservation, Quality of Life
State: Not Applicable
This enactment declares as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the economic, cultural, educational, and general welfare of the public. In response to this policy, the legislature created the Landmark Preservation Commission in Chapter 198 of the Town Code...
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Town of Hyde Park Water Resources Protection Ordinance
Date Added: Friday, May 5, 2017Water Conservation, Watershed Protection, Wetlands & Watercourse Protection
State: Not Applicable
The Town of Hyde Park’s public policy is to preserve, protect, and conserve its water resources while simultaneously balancing the rights of individual property owners’ with the rights of the community. Unless otherwise exempted, the Hyde Park requires a permit for activities including, but not limited to, draining, dredging, septic tank installation, vegetation removal, or any activity that may pollute the Town’s water resources.
The Planning Board takes a number of factors into consideration when approving, approving with conditions, or..
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Licking Township Sewage Sludge Ordinance
Date Added: Friday, April 14, 2017Sewage Management
State: Not Applicable
This ordinance from Licking Township, Clarion County, Pennsylvania requires that each ton of sewage sludge intended for land application be tested to prove that the levels of pollutants, pathogens, and vector attractants that are listed in the Pennsylvania Municipal Waste Regulations have not been exceeded. The township is concerned regarding potential harmful effects to its residents and local environment. A tipping fee is levied to pay for the collection and testing of truckload samples. This ordinance also requires that any type of sludge..
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County of Rockland Mandatory Training Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
State: Not Applicable
This is a sample law provided by the Rockland Municipal Planning Federation for municipalities within the county to adopt. The resolution requires land use training of Planning Boards and Zoning Boards of Appeal. ..
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County of Mecklenburg Green Permit Fee Rebate
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
Mecklenburg County, which is located in the southwestern portion of North Carolina, contains seven municipalities and includes the state capital, Charlotte. The County has an area of 546 square miles and approximately 953,304 residents, making it the most populous county in North Carolina. As a 50% population increase is projected in the next 25 years, the County is prioritizing the protection of its natural resources.
Part of this plan is the County’s Green Permit Fee Rebate Ordinance, which provides reductions or partial rebates of build..
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Establishing Land Use Protections for Community Gardens
Date Added: Wednesday, June 6, 2018Healthy Communities, Urban Farming & Community Gardens
State: Not Applicable
Planning for Healthy Places put together a model zoning code which would be successful through a two-pronged approach: (1) making community gardening an approved use in appropriate use-based zones to prevent them from being closed down as illegal and (2) establishing a separate use-based zone dedicated to the use of community gardens. The model code is well written, and includes additional comments for ways that different municipalities may choose to alter the language to effectuate different types of gardens (allowing chickens, for example).
..
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Establishing Land Use Protections for Community Gardens
Date Added: Wednesday, June 6, 2018Healthy Communities, Urban Farming & Community Gardens
State: Not Applicable
Planning for Healthy Places put together a model zoning code which would be successful through a two-pronged approach: (1) making community gardening an approved use in appropriate use-based zones to prevent them from being closed down as illegal and (2) establishing a separate use-based zone dedicated to the use of community gardens. The model code is well written, and includes additional comments for ways that different municipalities may choose to alter the language to effectuate different types of gardens (allowing chickens, for example).
..
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New York State General City Law Subdivision Review; Approval of Plats; Additional Requisites Ordinance
Date Added: Friday, April 14, 2017Subdivision Approvals
State: Not Applicable
Chapter 21, Article 3, §33 of the General City Laws requires land shown on a plat to meet all health, safety and welfare requirements before it can be approved by the planning board. The section also includes additional requirements for streets and highways, monuments, zoning, parkland and residential units. The Zoning Board of Appeals can authorize an area variance for plats that do not comply with local ordinances, the Planning Board can waive certain requirements and a performance bond or other security can be furnished to the city by the ow..
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City of Portland Demolition or Repair of Derelict Buildings Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
State: Not Applicable
Portland, Oregon, enacted an ordinance that requires the destruction, repair, rehabilitation, or removal of any dangerous or derelict structure. Derelict structures are usually identified by the Director of the Bureau of Development Services and include, but are not limited to structures that are boarded, vacant, or unsecured, and previously had a public nuisance abated by the city. A property violates the ordinance until it has been lawfully occupied, demolished and regraded under proper permit, or the owner has proved to the Director that t..
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County of Rockland Green Building Standards
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
Rockland County, New York, is a suburban county on the coast of the Hudson River, located about 12 miles north of New York City. Rockland is one of 24 municipalities in New York State to be designated as a Preserve America Community under the federal government’s Preserve America Program which is administered by the National Park Service and allocates federal grant money in order to preserve the country’s natural, historic, and cultural resources. Rockland has many lakes, wetlands, and designated park areas, and the county is promoting green ..
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State of New York Local Leaders Guide to Moratorium on Development
Date Added: Wednesday, March 2, 2016Comprehensive Planning, Local Boards, Moratoria
State: Not Applicable
This instructional paper gives local leaders an overview of ways in which to implement a moratorium on development in their communities. The paper covers such topics as: defining moratoria on development, the purpose of creating a moratorium on development, how and when to implement the moratorium, the authority under which communities are able to implement the moratorium, a description of what limitations and concerns may come up, and examples of municipalities putting moratoria into action.
..
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State of New York Freshwater Wetlands Regulations
Date Added: Monday, May 8, 2017Erosion & Sedimentation Control, Recreational Uses, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
Article 24-Title 7 of New York State Consolidated Laws promulgates the sustained and safe use of Freshwater and Wetlands in the Town. Under the law, any person that wishes to engage in any of the enumerated activities including: draining, dredging, dumping, filling, in wetland areas as designated by the official map, shall seek a permit which will either be granted or denied depending on the outcome of the local government or the commissioner’s consideration of the effect of the proposed activity with reference to the public health and welfare,..
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New York State Town Law: § 267-b. Permitted Action by a Town Board of Appeals
Date Added: Thursday, March 2, 2017Local Boards, Local Governance
State: Not Applicable
This law describes the procedures to be used by Zoning Boards of Appeals in towns within New York State. The topics covered include: orders, requirements, decisions, interpretations, determinations, use variances, area variances, and imposition of conditions. ..
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New York State Town Law: § 283. Issuance of Licenses and Permits in Certain Towns
Date Added: Wednesday, March 15, 2017Local Boards, Local Governance
State: Not Applicable
In towns which have a building department, which has been set up as an adjunct of the town planning board, this law gives authority to that department to issue all license or permits, and to collect whatever fees are required by law. ..
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State of Massachusetts Agricultural Incentive Areas Ordinance
Date Added: Saturday, May 6, 2017Incentive Zoning, Agriculture, Farmland Protection & Preservation
State: Not Applicable
This statute authorizes a city or town to determine and designate agricultural land or land with horticultural use as agricultural incentive areas upon consultation with, and review by local and regional planning and zoning boards. Section two of this statute authorizes a municipality to establish an agricultural incentive area committee for purposes of performing the functions under this chapter, “Agricultural Incentive Areas,” namely the preservation of agricultural or horticultural lands via the designation of agricultural incentive areas a..
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State of Massachusetts Environmental Joint Powers Agreement
Date Added: Monday, September 19, 2016Intermunicipal Agreements
State: Not Applicable
This statute authorizes public agencies, defined below and including cities and towns, to enter into “joint powers agreements” to advance the constitutional objectives of natural resource and environmental protection. Such agreements must contain information as required under this statute and are subject to the approval of the secretary of environmental affairs...
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State of New York County Law – Reforested Lands Ordinance
Date Added: Monday, May 8, 2017Land Acquisition, Open Space Preservation, Tree Preservation & Protection
State: Not Applicable
This section of the General Powers of Board Supervisors gives the Board supervisors the power to purchase, acquire, or accept by gift lands for the purposes of reforestation. The ordinance establishes the procedures for taxation and assessment of the land as well as financial assistance procedures. ..
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Town of Brookhaven Neighborhood Preservation Ordinance
Date Added: Monday, May 1, 2017Quality of Life, Urban Renewal
State: Not Applicable
Chapter 82 if the Town Code for the Town of Brookhaven is aimed at preserving aesthetic integrity of residential neighborhoods, preventing neighborhood blight, protecting residential property values, encouraging residential property maintenance and enhancing the quality of life in residential neighborhoods. ..
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New York State Town Law: § 282. Court Review
Date Added: Thursday, March 2, 2017Local Boards, Local Governance
State: Not Applicable
This law describes the procedure for appealing an adverse decision made by a town zoning board. All appeals are reviewed by a special term of the supreme court in the manner provided by article seventy-eight of the civil practice law and rules. ..
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Land Use Law Center Diagnostic Checklist of Redevelopment Readiness Techniques
Date Added: Saturday, April 22, 2017Economic Development, Land Use Planning
State: Not Applicable
The Land Use Law Center created this checklist to assess a municipality’s readiness for redevelopment. The checklist contains questions intended to determine what redevelopment strategies a municipality has in place or will be able to implement. The diagnostic checklist assesses readiness in nine areas, including financial incentives and community support. The information obtained using this diagnostic checklist can be used to tailor redevelopment strategies to a municipality’s needs.
*This document was prepared with funds provided by the..
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Town of Malta Open Space Development & Preservation Ordinance
Date Added: Saturday, May 6, 2017Affordable Housing , Clustering & Cluster Development, Open Space Preservation
State: Not Applicable
This law was created for the purpose of requiring open space development for any subdivision of land 20 acres or greater within the Town of Malta. The goal of the law is to promote the better use of open spaces, recreational development, existing topography and natural features, design, and to provide for economics inherent with open space development. This law empowers the Planning Board of the Town of Malta, acting in a manner which would promote the above goals, to approve, approve with modifications or disapprove open space development pr..
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State of North Carolina Erosion & Sedimentation Control Ordinances
Date Added: Sunday, May 7, 2017Erosion & Sedimentation Control, State Land Use Law
State: Not Applicable
Under the Conservation and Historic Preservation Agreements Act, found at Article 4 within Chapter 121, local governments have the authority to acquire conservation easements and other interests in property for the purpose of preventing activities that are detrimental to erosion control or soil conservation. § 121-35(1)(vii), § 121-37. (See Conservation Easements, above.) North Carolina gives primary responsibility for erosion and sedimentation control to the Department of Environment and Natural Resource’s Sedimentation Control Commission, pur..
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New York Waterfront Revitalization of Coastal Areas & Inland Law
Date Added: Thursday, April 13, 2017Coastal Protection, Waterfront Revitalization
State: Not Applicable
This compilation of codes is intended to provide for State agencies acting in the coastal area the necessary framework for the consideration and application of the State's policies with respect to waterfront revitalization and coastal resources, as contained in article 42 of the Executive Law...
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Land Use Law Center Model Comprehensive Economic Development Policy
Date Added: Saturday, April 22, 2017Comprehensive Planning, Economic Development
State: Not Applicable
This model economic development policy is designed to supplement the comprehensive plans of communities participating in the Mayors’ Redevelopment Roundtable (MRR). It contains strategies that will increase the tax base, add jobs, reduce per capita municipal costs, and create new land uses that are needed to transform the local economy so that other critical comprehensive plan objectives can be addressed. It can be adopted as a whole or used as a menu of options to guide municipal actions regarding economic development according to local needs...
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ICMA/ The Solar Foundation’s A Beautiful Day in the Neighborhood: Encouraging Solar Development through Community Association Policies and Processes
Date Added: Tuesday, June 19, 2018Solar Energy, Zoning
State: Not Applicable
ICMA guidelines focus heavily on the visibility aspect of solar energy systems. Residential guidelines include that system panels should be mounted as close to the roof as possible, and no part of the installation should be visible above the peak of the roof to which it is attached. Panels also should not protrude above the roofline to be visible from adjacent properties, and pipes, wires, and mounting hardware must be unobtrusive...
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City of Annapolis Green Buildings: Energy Efficiency and Environmental Design
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
The City of Annapolis, the capital of Maryland, is set in the heart of the Chesapeake Bay. Only 29 miles east of Washington D.C., Annapolis has a population of 36,524 people, with a population density of 5,326 people per square mile. Annapolis has several public transportation options, including an eight-route bus system and railway connecting the city to nearby Washington D.C. and Baltimore.
Annapolis uses an integrated approach in regulating the planning, design, and sustainability of buildings. The city’s sustainable building law manda..
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City of Boise Foothills Planned Development Ordinance
Date Added: Sunday, August 28, 2016Incentive Zoning
State: Not Applicable
The Foothills Planned Unit Development (PUD) ordinance is a subsection of the PUD ordinance, the purpose of which is to implement the residential subdivision density aspects of the city’s Foothills Policy Plan. It defines the type of subdivision and zoning allowed in the Foothills Planning Area by enabling a “density bonus” technique that allows the trade of density for open space, as long as the trading land is less than 25% slope and greater than 1 acre. The density trade element also provides for sensitive areas such as wildlife corridors,..
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Town of Clifton Park Pesticides - Aerial Spraying Ordinance
Date Added: Wednesday, February 10, 2016Environmental Compliance
State: Not Applicable
This law creates an application procedure for residents and commercial entities who wish to engage in the use of pesticides, bans the use of pesticides in certain areas, and describes penalties for violating the law. The Town derives its power to enact this law pursuant to its municipal home rule authority...
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County of Winnebago Comprehensive Plan: Dispute Resolution
Date Added: Monday, March 21, 2016Alternative Dispute Resolution
State: Not Applicable
The Memorandum of Understanding in the Winnebago Comprehensive Plan provides a dispute resolution process in the event inconsistencies arise between a town comprehensive plan and the County comprehensive plan. Participation in the mediation is voluntary and the resolution is decided by the parties. Information is to be held confidential and sessions will be private to the extent authorized by law. The process is paid for by the County and the respective town...
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Town of Gardiner Subdivision of Land Ordinance
Date Added: Friday, April 14, 2017Subdivision Approvals
State: Not Applicable
The Subdivision of Land ordinance in Chapter 188 of the Town Code for the Town of Gardiner charges the Planning Board with approval of all subdivisions and parcels within the Town. The code gives a full description of the transfer and uses of the land within subdivisions. The ordinance also imposes penalties for violations of the subdivision rules. ..
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County of Lake Green Building & Development Code
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
Lake County, Florida is located in central Florida and is named after the numerous lakes in the area. There are approximately 1,400 named and identified lakes in the County. Lake County has a population of 307,243 people and has a total area of 1,156 square miles. A total of 203 square miles (17%) of the County’s area is water. The County has experienced several devastating storms, tornados and hurricanes in the past four years.
The County has an innovative green building incentive created to establish major environmental goals. The State o..
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City of Palm Bay Community Development Division: Housing Assistance Program
Date Added: Wednesday, October 14, 2015Affordable Housing
State: Not Applicable
The Community Development Division: Housing Assistance Program ordinance created the Local Housing Assistance Program to hold and distribute state money with all funds being distributed to moderate, low, and very low-income housing. The Program distributes loans with “affordable” monthly payments, as defined by FL Statute 420.9071(3)...
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State of New York Training Requirements for Zoning Board & Planning Board Members
Date Added: Wednesday, January 25, 2017Local Boards, Local Governance
State: Not Applicable
This Bill requires land use training zoning board and planning board members in New York State...
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Town of Blooming Grove Staged Development Ordinance
Date Added: Wednesday, April 5, 2017Development Standards, Site Plan Approval, Subdivision Approvals
State: Not Applicable
The Staged Development ordinance is intended to complement and be applied in accordance with subdivision regulations and is only intended to apply when final subdivision approval is sought in section. It covers procedure for applying, construction of improvements, expiration of approvals and, exemptions from zoning amendment, fees and applicability...
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Amendment to Town of Saugerties, New York Zoning Code Chapter 245
Date Added: Monday, June 18, 2018Solar Energy, Zoning
State: Not Applicable
The amendment to the Town of Saugerties, New York Zoning Code allows large scale solar energy facilities via special use permits. The site for such facility shall be at least the minimum area required in the zoning district and the total area covered by the facility and all related appurtenances shall not exceed 70% of the gross area of the site. The required coverage as set for in the Schedule of Area and Bulk Regulations (Sec. 245-12) shall not apply to solar energy facilities where a solar array is designed and located so that the underlying..
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Village of Croton-on-Hudson Local Waterfront Revitalization Program Consistency Review
Date Added: Wednesday, February 10, 2016Coastal Protection, Natural Resource Protection & Conservation
State: Not Applicable
The Village of Croton-on-Hudson, New York approved a Local Waterfront Revitalization Program Consistency Review Ordinance (or Chapter 225 of the Municipal Code) to ensure a proper balance between protection of natural resources and the need to accommodate population growth and economic development within the Village. The Law establishes a Waterfront Advisory Committee (WAC) in the Village of Croton-on-Hudson. First, a Village agency must prepare a coastal assessment form (CAF) to assist with the consistency review for any program approval or fu..
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Local Waterfront Revitalization Program Consistency Review
Date Added: Wednesday, October 21, 2015Coastal Protection, Natural Resource Protection & Conservation
State: Not Applicable
The Village of Croton-on-Hudson, New York approved a Local Waterfront Revitalization Program Consistency Review Ordinance (or Chapter 225 of the Municipal Code) to ensure a proper balance between protection of natural resources and the need to accommodate population growth and economic development within the Village. The Law establishes a Waterfront Advisory Committee (WAC) in the Village of Croton-on-Hudson. First, a Village agency must prepare a coastal assessment form (CAF) to assist with the consistency review for any program approval or fu..
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State of North Carolina Watershed Improvement Programs Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Watershed Planning
State: Not Applicable
All counties are authorized to create watershed improvement programs and required to implement water-supply watershed protection programs (see Water-Supply Watershed Planning, below). Section 153A-440.1 gives counties the authority to establish and maintain a county watershed program pursuant to § 139-41 or § 139-41.1 in Article 3 of Chapter 139. Section 139-41 provides that if a majority of voters in a county approves the levying of a watershed improvement tax, the board of county commissioners will have all the powers of “soil and water conse..
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State of New York Long Island Pine Barrens Maritime Reserve Act
Date Added: Monday, May 8, 2017Comprehensive Planning, Land Use Planning, Local Boards, Scenic Resources, Natural Resource Protection & Conservation
State: Not Applicable
This law creates the Long Island Pine Barren Maritime Reserve in Suffolk County, New York, in order to protect and preserve this area’s natural resources and scenic beauty. The law also sets forth the following: duties of the Long Island Pine Barrens maritime reserve council, a comprehensive management plan for the area, the duties of the Central Pine Barrens joint planning and policy commission, and a comprehensive land use plan for the area. ..
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Village of Bronxville Site Plan & Subdivision Approval Standards
Date Added: Tuesday, April 18, 2017Site Design Standards, Stormwater Management, Subdivision Approvals, Watershed Protection, Natural Resource Protection & Conservation
State: Not Applicable
The Village of Bronxville, New York, requires any land being cleared or altered, any building or other structure being constructed, demolished, moved, externally altered or enlarged, any water course, floodplain or wetlands being diverted, dredged or filled, any use of land, building, or other structure being changed, any building or other use permit being issued, to receive the final approval of a site plan granted by the Planning Board. However, detached single-family residential buildings permitted as-of-right under the applicable zoning reg..
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Town of Brookhaven Moratorium on Telecommunications Facilities
Date Added: Friday, April 28, 2017Communications, Comprehensive Planning, Moratoria, Smart Growth
State: Not Applicable
Chapter 17 of the Town Code for the Town of Brookhaven places a moratorium on telecommunications facilities (cell phone, mobile phone or wireless phone antenna towers) until a comprehensive plan is developed. The town’s purpose is to insure the installation of the towers and facilities in a manner that is expeditious, maximizes services, and benefits the community, while simultaneously minimizing adverse visual impacts and reducing the potential for adverse physical damage to adjacent properties...
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Accessory Uses of Land in New York State
Date Added: Wednesday, March 2, 2016Accessory Uses , Local Boards, Zoning
State: Not Applicable
Accessory Uses of Land in New York State, by Jeffery B. Durocher, explains how local communities take different approaches to permitting accessory uses of land, using the test of whether the proposed use is incidental and customary to the primary use of the land. The article also explains that religious and educational uses are usually permitted in residential areas because they contribute to the general welfare...
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New York State General City Law: Article 2-A. Powers of Cities; § 19 General Grant of Powers
Date Added: Thursday, March 2, 2017Local Boards, Local Governance
State: Not Applicable
According to this New York State law, every city is granted the power to regulate, manage and control its property and local affairs...
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National Model Conservation Easement
Date Added: Thursday, April 13, 2017Open Space Preservation
State: Not Applicable
This conservation easement is a model that demonstrates the necessary elements of a conservation easement. The sample was utilized by the Natural Lands Trust and its source is from The Conservation Easement Handbook: Managing Land Conservation and Historic Preservation Easement Programs (1988) compiled by the Trust for Public Land in conjunction with the Land Trust Alliance. This sample is discussed in the commentary Conservation Easements & Land Trusts: Overview, Examples and their Role in the Development Process, written by Sam Brown...
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New York State Town Law – Cluster Development Ordinance
Date Added: Monday, May 8, 2017Clustering & Cluster Development, Transportation & Land Use Planning, Zoning
State: Not Applicable
This New York State law is a model for state government seeking to promulgate statutory law to guide its towns in their efforts at local zoning and planning laws. Cluster Development is a tool for municipalities to utilize when working toward smart growth...
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Town of North Castle Erosion and Sediment Control Ordinance
Date Added: Wednesday, March 2, 2016Erosion & Sedimentation Control
State: Not Applicable
Through Chapter 101 of the Town Code for the Town of North Castle, the Town Board declares that the purpose of this law is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land situated in the town. ..
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New York State Town Law – Planned Unit Development Zoning Districts Ordinance
Date Added: Monday, May 8, 2017Land Use Planning, Planned Unit Development, State Land Use Law, Zoning
State: Not Applicable
New York grants authority to local government to pass planned unit development ordinances. Other states may use this law as a guide when promulgating planned unit development statutes. Planned Unit Development Zoning Districts are implementation tools for municipalities to utilize in working toward smart growth...
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City of Newburgh Zoning Law, Section 300- 52 Environmental Constraints
Date Added: Tuesday, May 23, 2017Steep Slope Protection, Zoning
State: Not Applicable
Consistent with the general purposes of the City of Newburgh Zoning Law, the Supplementary Regulations set forth environmental constraints to control potentially objectionable external aspects of all uses. The regulations require specific conditions for steep slopes (greater than 15%): adequate erosion control and drainage measures must be in place to prevent erosion and sedimentation; the cutting of natural vegetation must be minimized; safety hazards such as subsidence, road washouts, landslides, flooding, or avalanches must be prevented; and..
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Town of Brookhaven Moratorium on Development of Substandard Parcels
Date Added: Friday, April 28, 2017Comprehensive Planning, Moratoria
State: Not Applicable
Chapter 17C of the Town Code for the Town of Brookhaven creates a moratorium halting construction on substandard parcels (lot width of less than 60 feet or a lot area of less than 6,000 square feet) until the Board completes planning studies to enact comprehensive zoning changes. Though, there are exceptions for work in progress and hardship as described below. The moratorium is based on a desire for comprehensive planning and smart growth for the present and the future. ..
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Town of New Paltz Water Conservation Ordinance
Date Added: Wednesday, April 12, 2017Water Conservation
State: Not Applicable
This law was adopted by the Town of New Paltz in order to conform with the performance standards of the New York State Environmental Conservation Law, which places water conservation requirements on sink and lavatory faucets, shower heads, urinals and toilets. The law also places water conservation requirements on air-conditioning systems and car washes. ..
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New York State Town Law: § 272-a. Town Comprehensive Plan
Date Added: Wednesday, March 2, 2016State: Not Applicable
This ordinance authorizes Town Boards in New York State to create comprehensive plans. Legislative findings and intent are given along with a description of the content of a town comprehensive plan, preparation of such a plan, referrals of comprehensive plans, public hearings and notice, adoption of town comprehensive plans, environmental review of plans, agricultural review and coordination, periodic review, effect of adoption of the town comprehensive plan and regulations for filing a town comprehensive plan. ..
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Proposed Hatfield Zoning Amendment - Water Supply Protection District
Date Added: Wednesday, July 22, 2015Aquifer Protection, Water Conservation
State: Not Applicable
This zoning amendment delineates the boundaries of the Water Supply Protection District and specifies what uses are prohibited or restricted inside of the district, such as the prohibition of a certain percentage of impervious surface. The requirements for obtaining special permits, which may only be granted provided that no adverse effect on water quality or quantity occurs, are also described...
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City of Orlando Density and Intensity Bonuses
Date Added: Sunday, August 28, 2016Incentive Zoning
State: Not Applicable
Density and intensity bonuses are available for development in office, mixed-use corridor, and activity center districts in order to provide incentives for infill and redevelopment and to reduce travel distance and promote energy conservation by limiting urban sprawl. Such development must provide connections to public transit and enhance bicycle and pedestrian accessibility. The ordinance also incorporates a transportation linkage incentive that allows reduction of the minimum required intensity in exchange for contributions to a city transpo..
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New York State Town Law Subdivision Review; Approval of Plats; Additional Requisites Ordinance
Date Added: Friday, April 14, 2017Subdivision Approvals
State: Not Applicable
This law authorizes Town Boards in New York State to do Subdivision Review. The topics covered include: the purpose, additional requirements, compliance with zoning regulations, reservation of parkland on subdivision plats containing residential units, character of development, application for area variance, installation of fire alarm devices, performance bonds or other securities and provision of improvements by town. ..
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New York State Town Law – Article Seventy-Eight Proceeding Ordinance
Date Added: Monday, May 8, 2017Local Boards, Zoning
State: Not Applicable
This law creates a procedure through which a party may challenge the decision of the Zoning Board of Appeals. Persons aggrieved by a decision of the Zoning Board of Appeals may apply to the New York State Supreme Court for review through Article Seventy-Eight of the Civil Practice Law and Rules. Under this section, the Supreme Court is authorized to reverse, affirm, or modify a decision that is brought up for review...
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Town of Greenburgh Subdivision Regulations
Date Added: Friday, May 5, 2017Open Space Preservation, Recreational Uses, Subdivision Regulations, Natural Resource Protection & Conservation
State: Not Applicable
Chapter 250 of Greenburgh’s Town Code regulates subdivisions. Among other requirements, the law forces the developer to provide land for recreation and open space within a subdivision...
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New York State Constitution Article on Conservation
Date Added: Monday, May 8, 2017State Land Use Law, Tree Preservation & Protection, Transportation & Land Use Planning, Natural Resource Protection & Conservation, Conservation Districts & Subdivisions
State: Not Applicable
The New York Constitution, Article 14, establishes that it is a function of the state government to provide for the protection of forested lands, but provides exceptions for the development of certain highways. This provision also designates provisions whereby these lands may be used on a limited scale for construction and maintenance of reservoirs and establishes how violations of this provision shall be handled...
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State of New York Official Map Changes Ordinance
Date Added: Monday, May 8, 2017Development Standards, Official Map, Site Plan Approval, Zoning, Street & Sidewalk Development
State: Not Applicable
This law authorizes city legislatures to change or add to the official map of the city in order to lay out new streets, highways parks and even drainage systems. Changes are made subject to adequate notice to those persons noted on last real property tax notice which is to be included in such proposed layout, and are subject to report by planning board who may forfeit right to suspend further action if no response is rendered within thirty days of such reference. Adopted changes become part of city’s official map and are deemed final...
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State of New York General Municipal Law Tree Conservation Ordinance
Date Added: Friday, May 5, 2017Erosion & Sedimentation Control, Landscaping, Right-to-Farm, Tree Preservation & Protection
State: Not Applicable
This law empowers local legislative bodies of any county, city, town or village in New York State to provide for the protection and conservation of tress and related vegetation. This power is granted on top of any other land use and zoning powers these municipalities may have. ..
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Town of Mount Pleasant Stormwater Management & Erosion & Sediment Control Ordinance
Date Added: Sunday, May 7, 2017Erosion & Sedimentation Control, Stormwater Management, Natural Resource Protection & Conservation
State: Not Applicable
This law is designed to mitigate the effects of stormwater runoff, by establishing minimum stormwater management requirements and controls. The Town Board is empowered to create this law and regulate on this subject matter, in order to protect the general health, safety and well-being of its citizens, as provided by the Municipal Home Rule Law of New York...
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Philadelphia Bill No. 120532 Complete Streets
Date Added: Monday, June 25, 2018Healthy Communities, Complete Streets
State: Not Applicable
This Ordinance amended Title 12 of The Philadelphia Code, the “Traffic Code,” providing for the manner in which bicyclists may operate bicycles in the streets, and by prohibiting motor vehicles from obstructing or creating hazards in bicycle lanes. This Ordinance also amends Title 11 of the Philadelphia Code, the “streets” section, providing for the establishment and implementation of a Complete Streets Policy. ..
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State of North Carolina Wildlife Habitat Protection Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Wildlife & Fish Habitat
State: Not Applicable
Cities and counties have some authority over wildlife habitat protection by virtue of their ability to implement watershed improvement projects, which are defined at § 139-3(17) as those involving flood prevention, drainage improvement, water supply, soil and water conservation, recreation facilities, fish and wildlife habitat, or other related purposes. (See Watershed Planning, above.) However, North Carolina gives primary responsibility for protecting wildlife habitat to the state-level Natural Heritage Program under the Nature Preserves Act,..
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State of Massachusetts Conservation Restrictions Ordinance
Date Added: Saturday, May 6, 2017Affordable Housing , Farmland Protection & Preservation, Wetlands & Watercourse Protection, Conservation Districts & Subdivisions
State: Not Applicable
This statute grants the authority to “any governmental body” to acquire and hold conservation restrictions for purposes including conservation of land or water area. The restriction is subject to approval by the secretary of environmental affairs. In determining whether the restriction is in the public interest, the governmental body shall take into consideration the public interest in conservation and any national, state, regional, and local program as well as any public state, regional, or local comprehensive land use or development plan af..
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County of New Castle Environment First Ordinance
Date Added: Wednesday, December 2, 2015Erosion & Sedimentation Control
State: Not Applicable
The Environment First amendments to the Unified Development Code (UDC), were introduced May 13, 2003. They tighten up the already strict and thorough regulations of the UDC, which includes Article 23: Landscaping, Trees, and Erosion. The Environment First amendments strengthen the riparian buffer requirements in order to dissipate the velocity of runoff and control erosion, requires stormwater management and grading efforts to use green technology best management practices and to maintain non-erosive velocities of runoff and allows herbaceous v..
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City of Baltimore Special Tax Sale Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
State: Not Applicable
The Maryland State Legislature enacted House Bill 743 in 2000. This Bill created a procedure known as a special tax sale in Baltimore, Maryland. Upon a commitment by a purchaser to quickly foreclose and redevelop properties, the City may package vacant properties in a tax lien sale, setting the minimum bid prices less than the full amount of payments owed on the property, including unpaid taxes, fines and penalties assessed on the unpaid taxes, and the costs incurred in making the sale. If the purchaser fails to comply with the stipulations ..
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Massachusetts Model Solar Bylaw: Allowing Use of Large-Scale Ground-Mounted Solar Photovoltaic Installations
Date Added: Monday, July 11, 2016Solar Energy, Zoning
State: Not Applicable
The Massachusetts Executive Office of Environmental Affairs’ Department of Energy Resources developed a model zoning bylaw that defines large-scale ground-mounted solar photovoltaic installation as solar photovoltaic systems that are structurally mounted on the ground (not roof-mounted) that have a minimum nameplate capacity of 250 kW DC...
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State of New York Local Leaders Guide to Comprehensive Planning
Date Added: Wednesday, March 2, 2016Comprehensive Planning
State: Not Applicable
This instructional paper gives local leaders an overview of ways in which to implement comprehensive planning in their communities. The paper covers such topics as: a definition of comprehensive planning, the purpose of developing a comprehensive plan, how and when to implement the plan, the authority under which communities are able to implement the plan, and a description of what limitations and concerns may come up. ..
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Village of Irvington Environmental Conservation Board Ordinance
Date Added: Wednesday, April 12, 2017Local Boards, Local Environmental Law, Natural Resource Protection & Conservation
State: Not Applicable
The Environmental Conservation Board section of the Irvington Code establishes the Irvington Environmental Conservation Board (ECB), which consists of up to nine members appointed by the Village Board to serve for terms of two years, two members of which may be selected from the sixteen to twenty-one year old age group. The ECB will work to increase resources and public programs concerning the preservation, development and use of the natural resources, features, and conditions of the Village of Irvington insofar as beauty, quality, biologic int..
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State of North Carolina Environmental Impact Review Procedures
Date Added: Sunday, May 7, 2017Environmental Impact Review Requirements, State Land Use Law
State: Not Applicable
North Carolina’s Environmental Policy Act, found at Article 1 in Chapter 113A, is modeled on the National Environmental Policy Act (NEPA). The act applies to state agencies, but not local agencies. Under § 113A-8 of the act, however, local governments may require by ordinance “any special-purpose unit of the government or private developer of a major development project” to submit an environmental impact statement, as defined at § 113A-4(2). Any such ordinance must be applied consistently and shall exempt projects for which an EIS or its equiva..
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North Carolina Moratoria on Development Ordinances
Date Added: Sunday, May 7, 2017Moratoria, State Land Use Law
State: Not Applicable
With the exception of statutorily authorized moratoria on sexually oriented businesses, found at § 160A-181.1(d), North Carolina does not grant local governments the explicit authority to place moratoria on development. However, under §§ 160A-4 and § 153A-4, city and county authority, respectively, is to be broadly construed. Thus, the power of local governments to place moratoria on development can probably be implied from both their general police power and their zoning authority...
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The Land Use Stabilization Wedge Strategy: Shifting Ground to Mitigate Climate Change
Date Added: Tuesday, May 9, 2017Emissions, Energy Efficiency & Conservation, Land Use Planning, Local Environmental Law, Local Governance, Solar Energy, Wind Energy
State: Not Applicable
This article by John R. Nolon was published in William & Mary Environmental Law & Policy Review. The article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society's climate change mitigation efforts. Five of Socolow's strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy effi..
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Repairing Buildings for Human Habitation Ordinance
Date Added: Thursday, June 2, 2022Quality of Life, Displacement
State: Not Applicable
Greensboro, NC repairing Buildings for Human Habitation Ordinance combines a repair or
destroy strategy with a code enforcement strategy. The city inspector can serve complaints
on homeowners who violate minimum standards in Greensboro’s housing code. If the
inspector finds conditions rendering a building unfit for human habitation, such as a lack of
ventilation or unsanitary conditions, the inspector issues a complaint to the property
owner. After a public meeting, the inspector determines whether the dwelling is unfit for
human habitati..
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City of Big Flats Subdivision and Development Regulations § 17.36.140; Solar Zoning
Date Added: Monday, December 18, 2017Solar Energy, Zoning
State: Not Applicable
In section 17.36.140 of its Zoning Ordinance, the Town of Big Flats adopted a solar access regulation that requires applicants for new residential development including either ten or more acre of site development area and/or more than 50 dwelling units to submit a solar access plan with the site plan. The solar access plan must: (1) protect solar access between the solar azimuths of -45 degrees east of due south and +45 degrees west of due south; (2) for solar access roads, design lots and building setbacks so that buildings are oriented with t..
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County of Baltimore Property Tax Credit for High Performance Buildings and Homes
Date Added: Wednesday, February 3, 2016Green Buildings & Energy Efficiency
State: Not Applicable
Baltimore County, Maryland is part of the Baltimore-Washington Metropolitan area. As of 2004 Baltimore County’s population was estimated to be 763,181. Baltimore County’s boundaries do not actually include the City of Baltimore. The northern regions of Baltimore County are primarily rural, home to old deciduous forests. The County’s population density is 1,260 people per square mile, and the County has a total area of 682 square miles.
Baltimore County’s green building incentives come in the form of property tax. Properties that may receive ..
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Village of Bronxville Site Design Standards Ordinance
Date Added: Wednesday, April 12, 2017Site Design Standards
State: Not Applicable
The Village of Bronxville created site plan and approval standards for use by the Design Review Committee and the Planning Board in reviewing applications for development. These standards include regulations for: landscape and environment; relationship of structures and open space; circulation and parking; protection of neighbors; compliance with other laws and regulations; surface water drainage; and applications for accessory uses...
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New York State Town Law – Town Comprehensive Plan Ordinance
Date Added: Monday, May 8, 2017Comprehensive Planning, State Land Use Law, Transportation & Land Use Planning
State: Not Applicable
This state law from New York is a model for state governments seeking to promulgate statutory law to guide its towns in their efforts at developing local comprehensive plans...
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New York State General City Law: § 21 Public or Municipal Purpose & General Welfare Defined
Date Added: Thursday, March 2, 2017Local Boards, Local Governance
State: Not Applicable
This law sets forth the definitions for “public or municipal purpose” and “general welfare.” ..
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City of Hayward Green Buildings Requirements for Municipal and Private Developments
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
The City of Hayward is the sixth largest city in the San Francisco Bay Area. As of 2007, Hayward’s estimated population was 155,312 residents. The City has a total area of 63 square miles, of which 29.68% is water. The City is located on the Hayward Fault, an earthquake fault, which is still the center of town. Hayward has transit stations for the Bay Area Rapid Transit (BART), a heavy-rail system that connects San Francisco with various East Bay cities.
Hayward is located in the environmentally active California San Francisco Bay, and the C..
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Town of Babylon Coastal Erosion Hazard Zone Ordinance
Date Added: Wednesday, October 21, 2015Coastal Protection, Erosion & Sedimentation Control
State: Not Applicable
This ordinance establishes standards and procedures for minimizing damage to structures and to protect natural resources from coastal erosion. It employs the NYSDEC’s coastal erosion area delineation, and specifies separate definitions and restrictions for nearshore, beach, and dune areas. Special consideration is given to the protection of bird nesting and breeding areas, and other special wildlife habitat as identified by the NYSDEC. The local law goes beyond state guidelines by prohibiting development in nearshore and beach areas...
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City of Santa Barbara Energy Efficiency Standards
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
The City of Santa Barbara, California, modified its energy efficiency standards to correspond with the first level of the Architecture 2030 Challenge and to reduce its fossil fuel usage in its buildings by 50% below the regional average. Also, the City has set a goal to reduce energy consumption to achieve “carbon neutrality” by 2030 in new buildings and retrofits.
In order to meet these goals, the City has set forth increased minimum energy efficiency standards for all new construction (residential and commercial) of any size, additions to..
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Town of New Paltz Wallkill River Recreation Overlay District
Date Added: Monday, May 8, 2017Comprehensive Planning, Floodplain Regulations, Open Space Preservation, Overlay District, Recreational Uses, Smart Growth, Wildlife & Fish Habitat
State: Not Applicable
This law creates the Wallkill River Recreation District, which is to be an area that serves the combined purposes of recreation, open space preservation, floodplain management, wildlife protection and scenic resource preservation. The law outlines the procedures for obtaining land to be used in the project and creates restrictions to be placed on these lands once they become part of the project. The 2011 amendment adds “The public hearing upon the application for renewal of such special permits shall be noticed in accordance with Article XVI, ..
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New York State General City Law Subdivision Review; Approval of Plats; Development of Filed Plats Ordinance
Date Added: Friday, April 14, 2017Subdivision Approvals
State: Not Applicable
Chapter 21, Article 3, § 32 of the General City Laws provides the planning board with the authority to approve preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways. The section also defines the approval, certification and filing procedures for preliminary and final plats...
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State of New York Environmental Quality Review Ordinance
Date Added: Wednesday, May 3, 2017Environmental Impact Review Requirements, Local Boards, Natural Resource Protection & Conservation
State: Not Applicable
This law mandates that agencies within the state to require that an environmental impact statement be filed with them, before any person or business undertakes a project which may have potentially adverse environmental consequences. The law also describes the procedures for filing the impact statements and reviewing them. ..
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Town of Brookhaven Training for Local Boards Ordinance
Date Added: Monday, May 1, 2017Local Boards, Mandatory Training
State: Not Applicable
The Town of Brookhaven created this local law to mandate certified educational training for all Zoning Board of Appeals and Planning Board members and to require notification of such a requirement to prospective members. Procedure is also given for removal of members if in violation of this law...
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Land Use Law Center Economic Development Policy Statement
Date Added: Saturday, April 22, 2017Economic Development
State: Not Applicable
This draft document is to assist the cities and villages participating in the Mayors’ Redevelopment Roundtable regarding the initiation of a strategic sustainable economic development planning effort. This resolution identifies the objectives of the economic development policies to be considered by Roundtable communities and outlines the process to be followed at the local level. Its purposes are to set the stage for each community to create and adopt an economic development policy as a supplement to its comprehensive plan and, by acting in co..
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Town of Blooming Grove Stormwater Management Ordinance
Date Added: Wednesday, April 5, 2017Erosion & Sedimentation Control, Stormwater Management
State: Not Applicable
Chapter 201 of the Town Code for the Town of Blooming Grove provides for use of structural and nonstructural practices designed to reduce stormwater runoff and mitigate adverse impacts on property, natural resources and the environment. The General Provisions are divided into several areas: Findings; Purpose; Statutory authority; Applicability; Exemptions. The sections of the Stormwater Control provision are: Definitions; Pollution prevention plans; Performance and design criteria; Maintenance and repair of facilities; Administration and enfo..
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Town of Gardiner Flood Damage Prevention Ordinance
Date Added: Wednesday, April 13, 2016Flood Prevention
State: Not Applicable
Town of Gardiner NY Flood Damage Prevention ordinance (Chapter 121) is an attempt to minimize private and public loss due to flood conditions by controlling alterations in floodplains, regulating the construction of barriers in floodplains, regulating floodplain usages which may be dangerous to citizens and the environment, and controlling areas that are likely to be affected by floods and erosion. The code provides objectives to ensure that people who occupy flood lands are responsible for their actions and works to minimize public expenditure..
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Town of Penfield Environmental Protection Overlay District
Date Added: Thursday, May 4, 2017Floodplain Regulations, Local Environmental Law, Overlay District
State: Not Applicable
This ordinance is an alternative method of protection that provides for review and regulation of development in floodplains through an overlay district that specifies uses and activities which are strictly prohibited or permitted upon compliance with additional regulations. If the use or activity is regulated, a permit must be obtained and mitigation is often a condition when the use or activity will have an adverse impact on the floodplains and where no reasonably feasible alternative exists...
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Town of Greenburgh Wetlands & Watercourses Ordinance
Date Added: Friday, May 5, 2017Nonconforming Uses, Sewage Management, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
Chapter 28 of the Town Code for the Town of Greenburgh addresses legislative findings that indicate the importance of protection, preservation, proper maintenance and proper use of the community’s ponds, lakes, reservoirs, water bodies, rivers, streams, watercourses, wetlands, natural drainage systems and adjacent land areas from encroachment, spoiling, pollution or elimination. The law also states the town’s policy of preventing the despoliation and destruction of wetlands and watercourse while taking into account varying ecological, water q..
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Town of North Castle Tree Preservation Ordinance
Date Added: Thursday, April 13, 2017Open Space Preservation, Natural Resource Protection & Conservation
State: Not Applicable
The Town of North Castle finds and declares that the preservation of trees as defined below is necessary to protect the quality of life in the Town of North Castle because trees provide shade, impede soil erosion, aid water absorption and retention, inhibit excess runoff and flooding, and enhance the community in various other ways. ..
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Town of North Castle Parkland Reservations Ordinance
Date Added: Monday, May 8, 2017Recreational Uses, Site Plan Approval, Zoning
State: Not Applicable
It is the intent of the Town Board to require the provision of parkland and recreation land in conjunction with the granting of site development plan approval for multifamily uses in all zoning districts of the Town of North Castle where such uses are permitted. The Town of North Castle finds that multifamily housing places an added burden on the Town of North Castle in regard to providing adequate park and recreation areas to service the needs of the inhabitants of such housing. In the event that it is not practical, in the opinion of the Plan..
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Village of Port Jefferson Required Training for Members of Planning Board & Zoning Board of Appeals
Date Added: Wednesday, March 15, 2017Local Boards, Local Governance
State: Not Applicable
The Required Training for Members of Planning Board and Zoning Board of Appeals Law (or § 250-54) of the Municipal Code for the Village of Port Jefferson recognizes that the training of planning board and zoning board of appeals members is essential to allow them to carry out their duties. Minimum training requirements are set out and reimbursement provisions are provided for cost of training as well as travel, lodging, and meal expense...
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New York State Town Law – Official Maps, Changes Ordinance
Date Added: Tuesday, May 9, 2017Official Map, State Land Use Law, Zoning
State: Not Applicable
This law grants town boards the authority to make changes to their town’s official map. ..
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Town of Cortlandt Steep Slopes Ordinance
Date Added: Monday, May 1, 2017Steep Slope Protection, Zoning, Wetlands & Watercourse Protection
State: Not Applicable
This law recognizes the importance that the future development of land has on the Town of Cortlandt, and focuses on steep slopes in particular as they demand a higher degree of environmental sensitivity. Chapter 259 of the Town Code of Cortlandt establishes regulations which prevent improper disturbance or alteration of steep slopes. The purpose legislature was not to restrict general development in the town but to protect natural resources and preserve the visual and environmental character of the land. ..
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Town of Gardiner Open Space Development Ordinance
Date Added: Friday, May 5, 2017Development Standards, Open Space Preservation, Zoning
State: Not Applicable
The Open Space Development ordinance implements procedures to allow for development of protected and preserved land, while preserving the natural attributes of the land. Conservation analysis shall take place to plan open space developments. Applicants must prepare inventory maps, surveys, topography maps, and descriptions of the land. Planning Board will make final determinations on the value of the lands preserved. ..
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Town of Epping Energy Efficiency & Sustainable Design Ordinance
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
The Town of Epping, New Hampshire, population 5,476, established a more stringent energy code than the state, which adopted the International Energy Conservation Code (IECC) 2006 Edition with amendments. The town's energy efficiency and sustainable design code is based on a system that awards points for various sustainable elements and energy production practices. Epping’s point system is similar to the U.S. Green Building Council’s Leadership in Energy and Environmental Design rating system in establishing criteria to meet heightened energy ..
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City of Hudson Watershed Rules Ordinance
Date Added: Friday, May 5, 2017Watershed Protection, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
Law requiring minimum distances between potentially polluting activities and the public water supply sources. The law also restricts activities the City has deemed harmful to the health, safety and welfare of its citizens. ..
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Town of Mamaroneck Waterfront Revitalization Ordinance
Date Added: Thursday, April 13, 2017Waterfront Revitalization
State: Not Applicable
Chapter 234 of the Town Code for the Town of Mamaroneck is intended to provide a framework for agencies of Mamaroneck to consider the policies and purposes contained in the Local Waterfront Revitalization Program when reviewing applications for actions and to assure to the maximum extent practicable that such actions are consistent with said policies and purposes. ..
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Village of Larchmont Critical Environmental Areas Ordinance
Date Added: Saturday, May 6, 2017Local Environmental Law, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
The statute designates specific areas within New York State as critical areas of environmental concern and affords protections to these areas from adverse actions prescribed by law and regulations...
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State of North Carolina Statutory Rules Ordinance – Cities
Date Added: Sunday, May 7, 2017Local Governance, State Land Use Law
State: Not Applicable
In 1971, North Carolina adopted a legislative rule of broad construction of powers delegated to cities. Section 160A-4 provides that “the cities of this state should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law. To this end, the provisions of this Chapter and of the city charters shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect.”
..
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New York State Town Law – Grant of Power Ordinance
Date Added: Monday, May 8, 2017Land Use Planning, Local Boards, State Land Use Law, Zoning
State: Not Applicable
The following law grants authority to Town Boards in New York State to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes; provided that such regulations shall apply to and affect only such part of a town as is outside the limits of any incorporated village or city; provid..
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Town of Clifton Park Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
In Clifton Park, New York, solar arrays, both ground- or pole-mounted, are permitted as a special use in Agricultural/Residential 3 Districts, Residential 1 Districts, Conservation Residential Zones, and Hamlet Residential Districts. Clifton Park outlines factors in a separate subsection to be considered by the Planning Board in determining the sighting requirements for solar installation in these zoning districts. These factors include the “setbacks proposed and available in relation to other applicable setbacks for the zone within which the i..
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How To Do A Build-Out Analysis
Date Added: Wednesday, December 2, 2015Build-Out Analysis
State: Not Applicable
The instructions formed by the U.S. Environmental Protection Agency provides an overview of the process a municipality should use in conducting a Build-Out Analysis. This document contains helpful information on what a Build-Out Analysis is and why it is a useful tool, issues that should be considered when conducting an Analysis and additional information that is available on conducting one. The instructions details two phases in the process, Phase I which visually depicts changes on a map and Phase II which quantifies the impact of the changes..
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Town of Poughkeepsie Greenway Connections
Date Added: Monday, March 21, 2016Comprehensive Planning
State: Not Applicable
The New York State Hudson River Valley Greenway Act of 1991provides economic and technical assistance to communities within the Greenway area, the 13 counties that border the Hudson River and the 242 municipalities within them, who voluntarily adopt a regional planning compact. The Greenway Act also gives incentives to municipalities that join county Greenway compacts. The option to participate in a county compact preserves local decision-making authority. The Dutchess County Department of Planning and Development, in 2000, created “Greenwa..
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State of South Carolina Educational Requirements Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
State: Not Applicable
This law requires land use training for members of planning and zoning boards of appeal and related employees in South Carolina. The law requires that planning board and zoning board of appeals members and employees attend an initial training program at the beginning of their tenure and then attend annual training programs thereafter. All programs must be approved by an advisory committee and the topic of the program can include land use planning, zoning, transportation, ethics, public hearing procedure, housing, land subdivision, and the pow..
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State of Florida State Comprehensive Plan
Date Added: Thursday, May 4, 2017Comprehensive Planning, Incentive Zoning, Smart Growth, Transportation & Land Use Planning
State: Not Applicable
Below is the State of Florida’s Comprehensive Plan. The plan provides an example of a state legislature’s attempt to guide its constituent regions and municipalities in their respective efforts towards planning and development. Elements of the Priority Growth District concept are present in this plan...
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Town of Malta Farming Ordinance
Date Added: Wednesday, March 2, 2016Right-to-Farm, Farmland Protection & Preservation
State: Not Applicable
It is the general purpose and intent of this chapter to maintain and preserve the rural tradition and character of the Town of Malta, to permit the continuation of agricultural practices, to protect the existence and operation of farms and to encourage the initiation and expansion of farms and agricultural businesses...
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Town of Babylon Green Building Certification Ordinance
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
The Town of Babylon is located on Long Island, New York, with a population of approximately 211,792 people. The Town has a population density of 4,050 people per square mile, and a per capita income of $22,844. Babylon has a total area of 114.2 square miles, and about 54% of the Town’s total area is water. Babylon is home to beaches and several state parks.
The Town of Babylon was the first town on Long Island to adopt Energy Star standards for new homes, but the Town of Babylon did not stop there. Under its Green Building Certification l..
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Town of Batavia Disposal of Solid Waste Ordinance
Date Added: Thursday, April 13, 2017Sewage Management
State: Not Applicable
This law outlines the application procedures for person applying to receive a permit to deposit fill on his or her land for purposes outlined within this section. ..
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Village of Briarcliff Manor Conservation Development Ordinance
Date Added: Thursday, April 6, 2017Open Space Preservation, Scenic Resources, Natural Resource Protection & Conservation, Conservation Districts & Subdivisions
State: Not Applicable
This law is designed to protect environmentally sensitive undeveloped areas, within the Village of Briarcliff Manor, from harmful development practices. To this end, the Board of Trustees authorizes the village Planning Board to approve conservation subdivisions, according to procedures outlined in the law. ..
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City of El Paso Sustainable Development Design Standards & Green Building Grant Program Guidelines
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
Under the El Paso, Texas sustainable development design standards, the City mandates that all city buildings meet green development standards and provides significant monetary incentives for private developers to do the same. El Paso has over 600,000 residents, and the climate is arid and warm with limited precipitation. The City recently started a sustainability campaign culminating in the “Green Summit 2009,” which presented the sustainable development design standards.
El Paso mandates that all new city owned buildings over 5,000 sq. feet..
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Town of Lewisboro Wetlands & Watercourses Ordinance
Date Added: Saturday, May 6, 2017Buffer Zones, Wetlands & Watercourse Protection
State: Not Applicable
The legislature’s intent in creating Chapter 217 of the Town Code is to assure that activities conducted in and around wetlands, watercourses and associated buffer areas be done so in conformance with the provisions of this chapter and in a manner which promotes the preservation of wetlands, watercourses and associated buffer areas as specified in the findings of fact seen at the beginning of the Chapter. ..
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Town of Gardiner Zoning Purposes Ordinance
Date Added: Friday, May 5, 2017Comprehensive Planning, Zoning
State: Not Applicable
Sections 220-1, § 220-2, and § 220-3 of the Town Code for the Town of Gardiner provide an introduction to the Town’s zoning ordinance. Chapter 220 states the title and the purpose of the zoning ordinance and acknowledges that the provisions of the ordinance are in accordance with the Town’s New Comprehensive Plan. Chapter 220 hereby establishes a new comprehensive zoning plan for the Town of Gardiner which is set forth in the text, tables and map that constitutes this chapter. The plan is adopted for all the purposes set forth in Article 16 ..
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Town of Bedford Community Preservation Ordinances
Date Added: Monday, October 17, 2016Land Acquisition, Open Space Preservation
State: Not Applicable
Bedford’s Community Preservation Ordinances adopt the Massachusetts General Law Ch 44B, Community Preservation Act. Article 2 levies a 3% property tax surcharge, to be set aside for activities outlined in the Community Preservation Act, including open space preservation; and Article 6 establishes a Community Preservation Committee. The Community Preservation Act is a state law designed to encourage open space preservation by authorizing communities to raise funds through a property tax surcharge, as well as offering potential matching state fu..
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Town of Mendon Nonconforming Uses & Structures Ordinance
Date Added: Sunday, May 7, 2017Nonconforming Uses, Zoning
State: Not Applicable
This law creates regulations and prohibitions concerning nonconforming uses and structures in the Town of Mendon, NY. ..
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Town of Clifton Park Open Space Incentive Zoning
Date Added: Monday, May 1, 2017Incentive Zoning, Open Space Preservation
State: Not Applicable
This law gives the Town Board to grant incentives to private land developers to advance the town’s specific policies in accordance with the Town’s GEIS for the western lands of Clifton Park, the 2003 Comprehensive Plan update, the 2003 Open Space Plan, and in coordination with other community planning mechanisms or land use techniques. ..
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City of Jersey City Green Building Initiative for Municipal Projects & Green Building Incentives
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
Jersey City, New Jersey, is part of the New York metropolitan area and lies on the west bank of the Hudson River across from Lower Manhattan, where about 26% of its employed residents work. Jersey City has a population of 242,389 with a density of roughly 16,045.5 people per square mile across a total area of 21.1 square miles (14.9 comprised of land and 6.2 of water). Jersey City is a port city, commercial and industrial center, and transportation terminus, although parts of the city remain under-utilized after years of commercial inactivity..
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Town of Brookhaven Great South Beach Zoning Ordinance
Date Added: Tuesday, April 18, 2017Coastal Protection, Erosion & Sedimentation Control, Zoning
State: Not Applicable
This law was created to protect the Great South Beach in Fire Island National Seashore from ecological damage due to overdevelopment. The law does so by placing regulations on construction within the three districts that the island has been separated in to, which are: Residential, Oceanfront, and Commercial. ..
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Town of North Castle Wetlands Purpose Ordinance
Date Added: Monday, May 8, 2017Adult Entertainment, Erosion & Sedimentation Control, Scenic Resources, Stormwater Management, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
This law states the Town Board’s rationale for protecting wetlands within the Town of North Castle, NY. Some of the stated reasons include: the import role the wetlands have in cleaning the water supply, their function as a habitat for plant, fish and wildlife species, their role in absorbing stormwater, and their importance as a scenic resource. ..
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Town of Brookhaven Transfer of Development Rights Ordinance
Date Added: Monday, May 1, 2017Affordable Housing , Transfer of Development Rights (TDR), Workforce Housing
State: Not Applicable
The Town of Brookhaven has determined that a transfer of development rights program is necessary to prevent adverse impacts due to inappropriate development, to facilitate the objectives of the Comprehensive Land Use Plan and to provide relief in cases of hardship. This is accomplished through a Transfer of Development Rights Program and Transfer of Development Rights Clearinghouse of which the establishment and implementation of such is given in this local law, including the use of such a program in association with Multiple Family Housing, Pl..
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City of Olean, New York Code of Ordinances Article 10.25 – Solar Energy Production Facilities
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
State: Not Applicable
Article 10.25 details the requirements for solar systems in the city of Olean, New York. A Solar Energy Production Facility (aka a Solar Farm) is permitted in certain districts under a Special Use Permit.
§ 10.25.5 subsections (1) and (3)(a-d) describe decommissioning and abandonment requirements. All applications for a solar farm shall include a decommissioning plan to ensure that the site will be restored to a useful, nonhazardous condition without delay upon abandonment or cessation of activity. The decommissioning plan shall include, b..
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City of San Francisco Solar Energy Revenue Bond Ordinance
Date Added: Friday, April 14, 2017Solar Energy
State: Not Applicable
This is a voter approved ordinance which allows the city to issue 100 million dollars’ worth of revenue bonds to pay for solar panels, wind turbines and energy efficiency measures for public buildings. The measure is designed to pay for itself through energy savings and at no cost to taxpayers. The money that would have gone to buy electricity from power plants instead goes to pay down the bond. ..
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Agricultural District
Date Added: Wednesday, June 6, 2018Healthy Communities, Urban Farming & Community Gardens
State: Not Applicable
The town of Ulysses, New York created policy to protect an area of historical and functional use as an agriculture district. The stated purpose of this zone is “to protect the agricultural production resources. . . viable agricultural operations and the agricultural heritage of the town.” This zoning district – called A1 – has been designated as an area whose primary land use is agriculture; the town created limitations on what structures can be erected and what purpose the land can be used for within the district. They also state that any prac..
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Town of Warwick Land Use Mediation
Date Added: Monday, March 21, 2016Alternative Dispute Resolution
State: Not Applicable
Recognizing that land use disputes can result in costly, time-consuming litigation, the Town of Warwick passed this Land Use Mediation ordinance to encourage and legitimatize voluntary mediation of disputes that arise during the planning and zoning permit approval process. The mediation of all disputes is authorized, including disputes with the town boards (i.e. the Planning Board). The statute was enacted in the interest of increasing non-adversarial resolution of disputes in the town. The mediation is voluntary but is encouraged and can be r..
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State of Illinois Scenic Resource Protection – Township Ordinance
Date Added: Friday, May 5, 2017Local Boards, Scenic Resources, State Land Use Law, Natural Resource Protection & Conservation
State: Not Applicable
Under 60 ILL. COMP. STAT. 1/115-45 (2004), corporate township authorities are granted broad authority to establish subsidiary boards to study and make recommendations for the conservation of open space in order to “maintain or enhance the conservation of natural or scenic resources.” After such a board is established, a township board may acquire, designate, plan, and zone by ordinance areas to conserve open space and other natural resources and promote sustainable development. A township may acquire land targeted for open space preservation lo..
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State of Illinois Conservation Area Zoning – Township Ordinance
Date Added: Friday, May 5, 2017Open Space Preservation, State Land Use Law, Zoning, Natural Resource Protection & Conservation
State: Not Applicable
Under 60 ILL. COMP. STAT. 1/115-10 et seq. (2004), corporate township authorities are granted broad authority to establish subsidiary boards to study and make recommendations for the conservation of open space in order to “maintain or enhance the conservation of natural or scenic resources.” After such a board is established, a township board may acquire, designate, plan, and zone by ordinance areas to conserve open space and other natural resources, and promote sustainable development. A township may acquire land targeted for open space preser..
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City of Auburn Solid Waste Recycling Program
Date Added: Thursday, April 13, 2017Recycling
State: Not Applicable
This law outlines the recycling program in Auburn, New York...
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City of Greensboro Repairing Buildings for Human Inhabitation Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
State: Not Applicable
The North Carolina Legislature enacted a statute for the City of Greensboro allowing the local legislature to assign a public officer authority to serve complaints upon the owner/party in interest of homes that do not meet the minimum standards of their housing code. Before issuing a complaint, the public officer must be notified by at least five residents of the breach of the housing code. The complaint shall notify that owner/party in interest that they have 10-30 days to schedule a public meeting, and that they have the right to file an an..
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Tucson Solar Integration Plan and Greater Tucson Solar Development Plan
Date Added: Monday, June 11, 2018Solar Energy
State: Not Applicable
Tucson, Arizona’s Solar Integration Plan and Greater Tucson Solar Development Plan lay the groundwork for accelerated development of solar energy facilities in and around Tucson, requiring the installation of a minimum amount of solar electric generation capacity by 2015. ..
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Town of Geneseo Municipal Code, Chapter 54 Erosion and Sediment Control
Date Added: Tuesday, May 23, 2017Erosion & Sedimentation Control
State: Not Applicable
This chapter guides and regulates the design, construction, and maintenance of any development or activity which disturbs the topsoil or results in the movement of earth on land in order to promote the public welfare and safeguard persons, protect property, and prevent damage to the environment, including Conesus Lake and all bodies of water or watercourses in the Town of Geneseo. Performance standards include retaining existing vegetation and constructing sediment control measures prior to beginning any land disturbance activities, with all ru..
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New York State Town Law Subdivision Review; Approval of Plats; Development of Filed Plats
Date Added: Friday, April 14, 2017Site Plan Approval
State: Not Applicable
This law authorizes town planning boards to approve preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways, within parts of towns that are outside the limits of any incorporated villages. Covered topics include: authorization for review of previously filed plats, filing of certificate, definitions, approval of preliminary plats, approval of final plats, approval and certification of final plats, default approval of preliminary or final plat, filing of decision on final plat, notice to coun..
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State of North Carolina Statutory Rules Ordinance – Counties
Date Added: Sunday, May 7, 2017Local Governance, State Land Use Law
State: Not Applicable
In 1973, the North Carolina General Assembly adopted § 153-4, which provides that “the counties of this state should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law. To this end, the provisions of this Chapter and of local acts shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect.” Thus counties are granted the same legislative rule of broa..
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New York State Town Law – Official Map, Establishment Ordinance
Date Added: Monday, May 8, 2017Official Map, State Land Use Law, Zoning
State: Not Applicable
This ordinance authorizes Town Boards in New York State to create official maps, which are to include streets, highways, parks, and drainage systems, by towns located in New York State. ..
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City of Albany Pesticide Ordinance
Date Added: Sunday, March 19, 2017Local Environmental Law, Agriculture, Pesticide Management
State: Not Applicable
The purpose of this law is to phase out the use of pesticides in Albany, NY. The law sets forth a plan for “reduction, substitution and elimination” of pesticides for each of the City’s departments that have used and continue to use pesticides. ..
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State of North Carolina Emission of Pollutants or Contaminants Ordinance
Date Added: Sunday, May 7, 2017Emissions, State Land Use Law
State: Not Applicable
Under § 160A-185, cities have the authority to pass ordinances that regulate or prohibit the emission of pollutants that “tend to pollute or contaminate the land, water, or air.” This section also gives cities the power to enact ordinances to regulate the illegal disposal of solid waste and to provide for enforcement of such ordinances by civil penalties. Any ordinance passed under this section must be “consistent with and supplementary to State and federal laws and regulations.”..
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Town of Gardiner Flood Damage Prevention Ordinance
Date Added: Friday, May 5, 2017Erosion & Sedimentation Control, Flood Prevention, Floodplain Regulations, Disaster Mitigation
State: Not Applicable
Town of Gardiner NY Flood Damage Prevention ordinance (Chapter 121) is an attempt to minimize private and public loss due to flood conditions by controlling alterations in floodplains, regulating the construction of barriers in floodplains, regulating floodplain usages which may be dangerous to citizens and the environment, and controlling areas that are likely to be affected by floods and erosion. The code provides objectives to ensure that people who occupy flood lands are responsible for their actions and works to minimize public expenditure..
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Town of North Hempstead Planned Unit Development District
Date Added: Monday, May 8, 2017Comprehensive Planning, Subdivision Regulations
State: Not Applicable
Chapter 79, Article XD requires certain zoning specifications for The Planned Unit Development District (PUD). These specifications relate to: landscaping, water conservation, utilities, sewage, disposal, garbage and refuse facilities, signs and fences and other aspects of the PUD. In erecting the development, building’s population, density, height, plot area, setbacks, lot coverage, and parking facilities must all be considered. ..
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Town of Yorktown Erosion and Sediment Control Ordinance
Date Added: Wednesday, March 30, 2016Erosion & Sedimentation Control
State: Not Applicable
The purpose of this chapter is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity which disturbs or breaks the surface of soil or results in the movement of earth on land situated in the Town. ..
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Town of Brookhaven Historic Preservation District
Date Added: Friday, April 28, 2017Comprehensive Planning, Historic District Preservation, Local Boards
State: Not Applicable
This law empowers the Town Planning Board to create a Historic Preservation District in the Town of Brookhaven. The law also includes provisions for: creating the Historic District Advisory Committee, the possible exclusion of religious institutions from the district, the maintenance and taxation requirements for structures within the district, and the penalties for disobeying the requirements of the law for persons owning buildings within the district. ..
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City of Chapel Hill Watershed Protection District
Date Added: Monday, May 1, 2017Watershed Protection, Wetlands & Watercourse Protection
State: Not Applicable
This ordinance focuses on watershed protection for the New Hope Watershed that drains into Jordon Lake. It sets limits for development in the Watershed District and describes the uses within the area. The Board of Adjustment is empowered to ensure that the regulations in the law are followed...
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Land Use Law Center Streamlined Review & Approval Process
Date Added: Saturday, April 22, 2017Streamlining
State: Not Applicable
For cities and villages to encourage needed development and the tax base benefits it brings, they must be certain that the process of receiving, reviewing, and acting on applications for land use approvals is efficient, saving applicants the time and cost of undue delays. Streamlining ensures that this process is as clear and understandable as possible, from the moment an applicant enters city or village hall until a Certificate of Occupancy for a project is secured. This document is designed to assist municipalities in assessing the purpose o..
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New York State Constitution Article I Section 7
Date Added: Monday, October 17, 2016Land Acquisition
State: Not Applicable
Article I Section 7 of the NY State Constitution relates to eminent domain. Along with eminent domain and private property in general, the legislature establishes that private roads may be opened upon a jury determination. In addition, Article 7 establishes that construction and maintenance of the drainage systems for swamp and agricultural lands is permissible even when those lands are privately owned. Rules regarding compensation under these circumstances are also presented in this article...
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Village of Briarcliff Manor Conservation Advisory Council
Date Added: Thursday, April 6, 2017Local Boards, Natural Resource Protection & Conservation
State: Not Applicable
This law, passed by the Board of Trustees of the Village of Briarcliff Manor, creates an advisory council which is to be known as the “Briarcliff Manor Conservation Advisory Council”. The law outlines the membership qualifications for persons on the council, describes the procedures for appointing officers, setting meeting times and creating reports, and vests the council with its powers. ..
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State of Massachusetts Conservation Commissions Ordinance
Date Added: Saturday, May 6, 2017Aquifer Protection, Local Boards, Natural Resource Protection & Conservation
State: Not Applicable
Chapter 40, § 8C grants conservation commissions implied regulatory authority to protect aquifers. It authorizes a city or town to establish a conservation commission for the promotion and development of the natural resources and for the protection of watershed resources of the city or town. Such commission may adopt rules and regulations governing the use of land and waters under its control to achieve its purpose. Its authorities further include the study of land and water and subsequent creation of plans and maps consistent with the town ma..
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State of Massachusetts Conservation Commissions Ordinance
Date Added: Saturday, May 6, 2017Floodplain Regulations, Local Boards, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
This statute grants conservation commissions regulatory authority over the use of flood plains. The statute authorizes a city or town to establish a conservation commission for the promotion and development of the natural resources and for the protection of watershed resources of the city or town. Such commission may adopt rules and regulations governing the use of land and waters under its control to achieve its purpose. Its authorities include the study of land and water and subsequent creation of plans and maps consistent with the town ma..
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State of North Carolina Stormwater Management Ordinance – Counties
Date Added: Sunday, May 7, 2017State Land Use Law, Stormwater Management
State: Not Applicable
Under § 153A-275, counties have the authority to own, maintain, and operate “public enterprises” inside or outside their borders, and to protect and regulate such public enterprises by “adequate and reasonable rules.” Stormwater management programs “designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater” are explicitly included in the definition of “public enterprises” over which counties have such authority. § 153A-274(7). Under § 153A-277, counties have the power to fix and enforc..
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County of Riverside Construction, Reconstruction, Abandonment and Destruction of Wells
Date Added: Monday, March 21, 2016Aquifer Protection
State: Not Applicable
Riverside County established an ordinance regulating the Construction, Reconstruction, Abandonment and Destruction of Wells in order to “(a) protect underground water resources, and (b) provide safe water to persons within Riverside County.” Applications for permits must include a variety of information on the physical characteristics property, the well specifications, and additional property features, which include other wells, underground storage tanks, and waste disposal sites. ..
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Michigan Sample Conservation Easement
Date Added: Thursday, April 13, 2017Open Space Preservation
State: Not Applicable
This is a model conservation easement that demonstrates the necessary elements of a conservation easement. Particular sections are specific to Michigan, but the general format may be followed in other states. ..
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City of Newburgh Environmental Constraints Ordinance
Date Added: Monday, May 8, 2017Environmental Compliance, Local Environmental Law, Steep Slope Protection, Wetlands & Watercourse Protection
State: Not Applicable
This law limits the areas within the City of Newburgh, NY in which construction can take place, as a means of protecting environmentally sensitive areas. Particularly, this law places restrictions on construction in wetland and watercourse areas, as well as steep slope areas. ..
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Miami, FL Tree Requirements
Date Added: Tuesday, August 31, 2021Healthy Communities, Climate Change Planning
State: Not Applicable
The City of Miami requires a tree permit “prior to the removal, relocation, root pruning or trimming more than 25% of any tree” and “prior to the removal, relocation, root pruning or trimming of any tree, plant or shrub located in any portion of the City of Miami’s right-of- way.” Chapter 17 of the city’s code was enacted to protect, preserve and restore the tree canopy. It is notable in that this applies to private property owners too...
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State of Illinois Smart Growth – Local Land Resource Management Planning Act
Date Added: Friday, May 5, 2017Smart Growth, State Land Use Law, Natural Resource Protection & Conservation
State: Not Applicable
The Local Land Resource Management Planning Act, 50 ILL. COMP. STAT. 805 et seq. (2004), authorizes and outlines the general principle that counties, municipalities, and townships may engage in land resource management programs. Beyond concerns associated with traditional zoning and comprehensive planning, the Act acknowledges local government interests in protecting the “land, air, water, natural resources, and environment of the State,” and encourages “socially and economically desirable” land use and planning via “Local Land Resource Managem..
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City of Kingston Complete Streets Policy Framework
Date Added: Thursday, June 21, 2018Healthy Communities, Complete Streets
State: Not Applicable
The City of Kingston Complete Streets Policy Frameworks, adopted 11/9/2010, details Kingston’s Complete Streets policies. This policy reflects that the City of Kingston encourages walking, bicycling, and public transit for transportation, health, fitness, and recreation. This document also identifies that the City has a goal to develop a Complete Streets program, initiated by a Complete Streets Advisory Council, which is established by this document. The intent of this policy is to recognize pedestrians, bicyclists, transit riders, and people w..
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Village of Port Chester New York Planning Commission and Zoning Board of Appeals Training
Date Added: Wednesday, March 15, 2017Local Boards, Local Governance
State: Not Applicable
This law requires that the members of the Planning Commission and the Zoning Board of Appeals, for the Village of Port Chester, meet mandatory training and attendance requirements, in order to ensure that these members understand the authority given to them, and have the request knowledge of land use law in order to apply their power appropriately. ..
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Town of Brookhaven Nature Preserves Ordinance
Date Added: Monday, May 1, 2017Open Space Preservation, Scenic Resources, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
State: Not Applicable
The purpose of this law is to create nature preserves and to keep these areas in their existing natural or near natural state for the benefit of present and future Town residents. The law address such topics as the evaluation and dedication of parcels to nature preserve, management of nature preserves, volunteers, nature preserves designated on lands not owned by the Town, use of nature preserves, hours of operation, responsibility for loss, damage or theft, prohibitions, removal of all or portions of site from nature preserve, “Adopt-A-Preser..
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Community Opportunity to Purchase Act
Date Added: Tuesday, June 7, 2022Affordable Housing , Displacement
State: Not Applicable
San Francisco, California’s Community Opportunity to Purchase Act (COPA) requires sellers of buildings with three or more residential units, or vacant land that could be developed into three or more residential units, to give qualified non-profit organizations priority to purchase. COPA was created to prevent displacement and encourage the creation and preservation of affordable housing. ..
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Massachusetts Brownfields Revitalization Ordinance
Date Added: Wednesday, February 24, 2016Brownfields
State: Not Applicable
Brownfield redevelopment in Massachusetts is regulated and overseen by the state under chapter twenty-one E, the “Massachusetts Oil and Hazardous Material Release Prevention Act.” Section (b)(3) of this chapter requires the state to provide technical assistance to municipalities, redevelopment authorities, redevelopment agencies, community development corporations, economic development and industrial corporations, and other persons interested in redeveloping brownfields. State brownfields program incentives are available to buyers, and sometim..
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County of Beaufort Rural Land Purchase of Development Rights Program
Date Added: Wednesday, April 12, 2017Purchase of Development Rights
State: Not Applicable
The purpose of this ordinance is to create a purchase of development rights (PDR) program that enables the preservation of rural and critical lands in Beaufort County. Land must meet certain requirements in order for a conservation easement to be funded...
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State of Illinois Stormwater Management – County Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Stormwater Management
State: Not Applicable
In addition to general powers granted to all counties to regulate “storm water runoff,” 55 ILL. COMP. STAT. 5/5-1062 (2004) allocates comprehensive stormwater planning and management to corporate county authorities in the urbanized region served by the Northeastern Illinois Planning Commission, pursuant to enumerated population standards. Prior to the adoption of countywide plans and regulations, a county board must establish a “stormwater management planning committee.” The committee is charged to coordinate surveying and planning activities..
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Town of Shelter Island Nature Preserve System
Date Added: Monday, April 17, 2017Natural Resource Protection & Conservation
State: Not Applicable
The Town of Shelter Island Nature Preserve System is a regulation meant to supplement existing town regulations and procedures so that certain Town-owned and privately owned properties can be protected from inappropriate use and development. The Act is meant to protect the natural diversity that exists in natural areas that are being threatened by population growth and a developing economy. ..
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State of North Carolina Adult Entertainment Ordinances
Date Added: Sunday, May 7, 2017Adult Entertainment, State Land Use Law
State: Not Applicable
Section 160A-181.1 authorizes cities and counties to regulate sexually oriented businesses through zoning ordinances, licensing requirements, or other “appropriate ordinances.” Such regulations may include, but are not limited to: restrictions on the location; restrictions on operations, including, inter alia, hours and exterior advertising and noise; reasonable moratoria on new or expanded facilities while studies are conducted and ordinances are considered; and requirements that existing businesses come into compliance with new ordinances. § ..
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State of North Carolina Stormwater Management Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Stormwater Management
State: Not Applicable
Under § 160A-312, cities have the authority to own, maintain, and operate “public enterprises” inside or outside their corporate limits, and to protect and regulate such public enterprises by “adequate and reasonable rules.” Stormwater management programs “designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater” are explicitly included in the definition of “public enterprises” over which cities have such authority. § 160A-311(10). Under § 160A-314, cities have the power to fix and en..
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State of Illinois Local Boards & Practices – County Ordinance
Date Added: Friday, May 5, 2017Local Boards, State Land Use Law, Zoning
State: Not Applicable
Primary county zoning authority is vested in the “county board” or “board of county commissioners;” however, corporate county authorities must appoint, confirm, and provide for a “zoning commission” to exercise powers delegated under general zoning enabling authority. Such commissions (a) provide public notice, (b) conduct public hearings, (c) prepare tentative reports, and (d) draft and revise proposed ordinances. County authorities may appoint a “board of appeals” pursuant to county population standards to hear all appropriate actions as spec..
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Town of Hyde Park Zoning Law Purposes Ordinance
Date Added: Friday, May 5, 2017Zoning, Wetlands & Watercourse Protection
State: Not Applicable
The purpose of § 108-4 of the Town Code for the Town of Hyde Park is to protect and promote public health, safety, comfort, convenience, economy, aesthetics, general welfare, along with the preservation of the natural, agricultural and cultural resources of the Town of Hyde Park, and to serve other enumerated purposes in this ordinance such as promoting the success of the Town’s comprehensive plan, and encouraging smart growth...
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Village of Croton-on-Hudson Erosion and Sediment Control Ordinance
Date Added: Wednesday, February 10, 2016Erosion & Sedimentation Control
State: Not Applicable
Chapter 118 of the Municipal Code for the Village of Croton-on-Hudson is designed to prevent erosion and to protect property, roadways, and waterways from the negative effects of erosion, including deposition on roadways, creation of gullies, flooding, clogging of sewers, pollution, the increase of weeds in waterways, and the death of fish. ..
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City of San Diego Municipal Code - Alternative Dispute Resolution Provision
Date Added: Wednesday, October 14, 2015Alternative Dispute Resolution
State: Not Applicable
In the interest of gaining compliance with municipal statutes (including zoning/land use laws), the San Diego city council enacted a statute to allow for mediation of all disputes involving San Diego statutes as well as applicable California and federal statutes. The municipal code allows for both mediation and facilitation.
..
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Town of Amherst Development Methods Ordinance
Date Added: Tuesday, May 9, 2017Clustering & Cluster Development, Open Space Preservation, Planned Unit Development, Smart Growth
State: Not Applicable
This ordinance provides for a variety of Smart Growth activities within the town including cluster development, planned unit development, and open space community development according to general standards...
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County of Fairfax Erosion and Sedimentation Control Ordinance
Date Added: Wednesday, February 24, 2016Erosion & Sedimentation Control
State: Not Applicable
This ordinance not only requires that land disturbing activity meets Virginia best management practice guidelines, but lists several more stringent controls. For instance, the use of brush or rebar-enforced straw bale barriers is not allowed. Additionally, this ordinance lists a number of fees which must be paid prior to the issuance of any land disturbing permits including: soil report fees, drainage study fees, and water quality fees...
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Town of Amenia Special Permits & Site Plan Review
Date Added: Sunday, March 19, 2017Alternative Dispute Resolution, Pre-Application & Consensus Building, Site Plan Approval
State: Not Applicable
Preliminary conferences are required. At any point in the application review process the Planning Commission can assign a mediator to address concerns raised by a Special Permit use. The mediator’s decision is non-binding and the cost of the mediation will be charged to the applicant as part of the application process...
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City of Memphis Amenity Incentives Ordinance
Date Added: Sunday, August 28, 2016Incentive Zoning
State: Not Applicable
This ordinance provides for floor area bonuses in exchange for public pedestrian plazas/ arcades. To qualify for the floor area bonus, the plaza/ arcade must meet specific design criteria. A floor area bonus may also be awarded for the development of affordable housing. This ordinance is especially notable as development incentives are also established to encourage participation in the implementation of a comprehensive greenway network...
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Town of Dover Aquifer Overlay District Ordinance
Date Added: Sunday, March 19, 2017Aquifer Protection, Overlay District
State: Not Applicable
The Town of Dover aquifer overlay district ordinance regulates activities by performance standards. These standards pertain to the use of fertilizers and pesticides, wastewater treatment systems, sediment generation, and the control of other chemicals that have the potential to adversely impact aquifers...
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Affordable Housing
Date Added: Thursday, August 12, 2021Accessory Uses , Affordable Housing , Comprehensive Planning, Healthy Communities
State: Not Applicable
Town of Barnstable, Massachusetts Chapter 9, Article II, Accessory Apartments and Apartment Units seeks to create additional affordable housing through permitting unpermitted existing accessory dwelling units (ADUs) and encourage the creation of new ADUs. The ordinance also creates a local chapter of the states 40B, “Comprehensive Permit” program which “encourages the development of low- and moderate-income rental and owner-occupied housing and provides a means for the Board of Appeals to remove local barriers to the creation of affordable hous..
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Town of West Warwick Development Fee Ordinance
Date Added: Wednesday, April 12, 2017Real Estate Transaction Fee
State: Not Applicable
This Development fee ordinance provides for a consolidated schedule of fees and allows for a periodic review and modification of fees assessed for development. These fees include Planning Board Fees, Zoning Board Fees, Town Board Fees and Building Inspection Fees...
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City of Hollywood Affordable Housing Advisory Committee Ordinance
Date Added: Thursday, January 26, 2017Affordable Housing , Local Boards, Local Governance
State: Not Applicable
This Affordable Housing Advisory Committee Ordinance authorizes the creation of the Hollywood Affordable Housing Advisory Committee for the purpose of recommending initiatives to encourage and facilitate affordable housing options. This section establishes guidelines for the composition of the committee and minimum recommendations such as: density levels, reduction of parking and setback requirements, expedited processing permits, modification of impact fees, reservation of infrastructure capacity, allowance of zero-lot-line configurations, and..
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City of Austin Save Our Springs Initiative Petition Ordinance
Date Added: Wednesday, February 3, 2016Aquifer Protection, Drinking Water Protection & Conservation
State: Not Applicable
The purpose of the ordinance is “to preserve a clean and safe drinking water supply, to prevent further degradation of the water quality in Barton Creek, Barton Springs, and the Barton Springs Edwards Aquifer, to provide for fair, consistent, and cost effective administration of the City's watershed protection ordinances, and to promote the public health, safety, and welfare.” The ordinance limits impervious coverage on certain areas of the Edwards Aquifer watershed and establishes regulations for buffers around specific water quality zones of..
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City of Belfast Energy and Efficiency Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Within its Zoning Code, the city of Belfast in Maine has incorporated a chapter to enable its citizens to participate in a Property Assessed Clean Energy (“PACE”) Program. The PACE Program will create opportunities for “owners of qualifying propert[ies]” to “access financing for energy saving improvements to their properties.” This Program, under Belfast’s chapter, creates these financing opportunities for not only solar thermal systems, but also many other renewable sources such as photovoltaic systems, biomass systems, landfill gas to energy ..
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City of San Antonio Aquifer Recharge Zone and Watershed Protection
Date Added: Wednesday, October 14, 2015Aquifer Protection, Watershed Protection
State: Not Applicable
San Antonio establishes its Aquifer Recharge Zone and Watershed Protection law in order to meet its “goal of nondegradation which maintains or improves the quality of water entering the Edwards Aquifer.” Persons wishing to develop in the recharge zone must submit a lengthy application that details the features of the property, creates plans for sediment control, drainage, and maintenance, details the activities that will take place on the property, and sets up required monitoring and performance requirements as provided by the law...
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State of Virginia’s Model Ordinances for Solar Energy Projects (Large, Small, Tax Exemptions); Solar Zoning
Date Added: Sunday, January 7, 2018State: Not Applicable
The Local Government Outreach Group (LOG), convened by the Virginia Department of Environmental Quality, developed two model zoning ordinances: the first for smaller-scale solar energy projects and the second for larger-scale projects. These ordinances define both smaller- and larger-scale projects as (1) those that generate electricity from sunlight using one or more photovoltaic systems and other appurtenant structures and facilities onsite, OR (2) those that utilize sunlight as an energy source to heat or cool buildings or water or produce e..
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State of Virginia’s Model Ordinances for Solar Energy Projects (Large, Small, Tax Exemptions); Solar Zoning
Date Added: Sunday, January 7, 2018State: Not Applicable
The Local Government Outreach Group (LOG), convened by the Virginia Department of Environmental Quality, developed two model zoning ordinances: the first for smaller-scale solar energy projects and the second for larger-scale projects. These ordinances define both smaller- and larger-scale projects as (1) those that generate electricity from sunlight using one or more photovoltaic systems and other appurtenant structures and facilities onsite, OR (2) those that utilize sunlight as an energy source to heat or cool buildings or water or produce e..
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State of Virginia’s Model Ordinances for Solar Energy Projects (Large, Small, Tax Exemptions); Solar Zoning
Date Added: Sunday, January 7, 2018State: Not Applicable
The Local Government Outreach Group (LOG), convened by the Virginia Department of Environmental Quality, developed two model zoning ordinances: the first for smaller-scale solar energy projects and the second for larger-scale projects. These ordinances define both smaller- and larger-scale projects as (1) those that generate electricity from sunlight using one or more photovoltaic systems and other appurtenant structures and facilities onsite, OR (2) those that utilize sunlight as an energy source to heat or cool buildings or water or produce e..
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State of Virginia’s Model Ordinances for Solar Energy Projects (Large, Small, Tax Exemptions); Solar Zoning
Date Added: Sunday, January 7, 2018State: Not Applicable
The Local Government Outreach Group (LOG), convened by the Virginia Department of Environmental Quality, developed two model zoning ordinances: the first for smaller-scale solar energy projects and the second for larger-scale projects. These ordinances define both smaller- and larger-scale projects as (1) those that generate electricity from sunlight using one or more photovoltaic systems and other appurtenant structures and facilities onsite, OR (2) those that utilize sunlight as an energy source to heat or cool buildings or water or produce e..
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State of Illinois Historic District & Landmark Preservation – Municipal Ordinance
Date Added: Friday, May 5, 2017Historic District Preservation, Landmark Preservation, State Land Use Law, Landmarks & Historical Districts
State: Not Applicable
Corporate municipal authorities are afforded broad authority to identify and create subsidiary boards, as needed, to preserve scenic and historic resources, including natural and manmade buildings, landmarks, and landscapes. Municipal authorities are charged to prevent the “disappearance [of] areas, places, buildings, structures, works of art and other objects having special historical, community, or aesthetic interest or value.” Municipal authorities may establish economic incentives and other agreements to encourage the acquisition, donation..
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State of North Carolina Overlay Zoning Ordinances – Counties
Date Added: Sunday, May 7, 2017Overlay District, State Land Use Law, Zoning
State: Not Applicable
North Carolina affirmatively grants counties the authority to employ overlay zoning at § 153A-342, the general statute that authorizes counties to create zoning districts. Two specific types of overlay districts are explicitly authorized in other provisions. Section 160A-383.1, which is made applicable to counties at § 153A-341.1, allows counties to create manufactured home overlay districts within defined areas of residential districts. Section 160A-400.4 allows the use of overlay districts for the designation of historic districts. Counties m..
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Town of Somers Site Plan Review Ordinance
Date Added: Friday, April 14, 2017Site Plan Approval
State: Not Applicable
The Town of Somers delegated the authority to review and approve site plans to the Planning Board. The board may prescribe conditions to encourage the most appropriate use of the land taking into account of among other items open spaces, environmentally sensitive lands, trees and vegetation. ..
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Chapter 9: Affordable Housing, Article II: Accessory Apartments and Apartment Units
Date Added: Tuesday, August 24, 2021Accessory Uses , Affordable Housing , Zoning
State: Not Applicable
Seeks to create additional affordable housing through permitting unpermitted existing accessory dwelling units (ADUs) and encourage the creation of new ADUs. The ordinance also creates a local chapter of the states 40B, “Comprehensive Permit” program which “encourages the development of low- and moderate-income rental and owner-occupied housing and provides a means for the Board of Appeals to remove local barriers to the creation of affordable housing units.” Additionally, the ordinance commits certain resources in accordance with the towns Com..
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City of Hannibal Tree Preservation Ordinance
Date Added: Friday, April 14, 2017Tree Preservation & Protection
State: Not Applicable
The Tree Preservation Ordinance prohibits people from damaging trees or removing natural features from Central Park. ..
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State of Kentucky Orientation & Continuing Education Training for Planning & Zoning Officials & Staff Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
State: Not Applicable
This law requires land use training for planning and zoning board of appeals members in Kentucky. The law became effective on June 21, 2001...
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Land Use Law Center Strategies for Sustainable, Economic Development Checklist
Date Added: Saturday, April 22, 2017Economic Development, Land Use Planning
State: Not Applicable
The Land Use Law Center created this checklist to assist municipalities in planning for sustainable, economic development. The goal is encourage use of strategies that encourage development that is environmentally conscious and economically prosperous. The checklist contains guidance on improvements in eighteen different areas, such as developing code for transit-oriented development districts and encouraging neighborhood-organized improvements.
*This document was prepared with funds provided by the New York State Department of State und..
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North Carolina Planned Unit Development Ordinance
Date Added: Thursday, April 6, 2017Planned Unit Development
State: Not Applicable
Although there is no independent statute granting cities the authority to allow PUDs, Section 160A-385.1, dealing with vesting rights, specifically names PUDs as one of the types of developments for which a developer may submit a site-specific plan and, upon the city’s approval, gain a vested right. Thus, it can be implied from this statute that cities do have authority to permit PUDs. (See Vested Rights, below.)..
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Town of North Castle Moratorium Ordinance
Date Added: Monday, May 8, 2017Moratoria, Open Space Preservation
State: Not Applicable
As a result of the negative impact residential development has had on the environment of North Castle, the damage to the Town’s natural resources, the loss of open space, and the ability of the infrastructure of Town and special district facilities and services to adequately serve Town residents, along with other factors; the Town Board has enacted this moratorium. It has been specifically determined to be necessary in order to prevent the final approval of any further residential subdivisions Townwide and any new construction or large scale ..
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Resource Protection and Open Space
Date Added: Thursday, April 26, 2018Healthy Communities, Low Impact Development & Green Infrastructure
State: Not Applicable
Marlborough is increasingly concerned about the quality of their water (most of the drinking water is supplied by private wells). To combat this, their comprehensive plan suggests maintaining and increasing the amount of vegetation adjacent to streams, revising regulations when necessary to allow the planning board to require information regarding water quality of proposed on-site wells, and better locating septic tanks to avoid as much concentration of nitrate in the drinking water as possible.
These policies will help to maintain the quali..
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Town of Irondequoit Environmental Protection Overlay District
Date Added: Friday, May 5, 2017Overlay District, Zoning, Natural Resource Protection & Conservation
State: Not Applicable
The purpose of Article XI of the Town Code is to protect the environment in Irondequoit through the establishment of overlay districts established in this article which provide special controls over land development located in sensitive environmental areas within the Town of Irondequoit. ..
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Town of Brookhaven Wetlands & Waterways Ordinance
Date Added: Monday, May 1, 2017Development Standards, Site Design Standards, Site Plan Approval, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
The purpose of Chapter 81 of the Town Code, for the Town of Brookhaven is to protect surface waters, lands underwater and wetlands since they are important natural resources to the town. This statute applies to all lands defined as wetlands or waterways, to any activity in an adjacent area of a wetland or waterway, or to any activity that has the potential to adversely impact wetlands or waterways. No person shall conduct any regulated activity within such lands without obtaining permission from the town. Regulated activity includes dredging..
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Model Ordinance for Solar Photovoltaic Systems
Date Added: Thursday, March 29, 2018Solar Energy, Zoning
State: Not Applicable
In order to ensure that solar resources are developed in a way that protects the environment and preserves community character, the Central New York Regional Planning and Development Board (RPDB) created a model zoning ordinance as part of it’s work to help get Central New York “Solar Ready.” The model zoning ordinance was developed to assist local governments to address land use concerns and to provide clear guidance and direction to developers and property owners for the appropriate development of solar energy systems...
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Town of Ellington Crystal Lake Sewerage System Ordinance
Date Added: Friday, April 14, 2017Sewage Management
State: Not Applicable
This ordinance sets out the methodology by which the Water Pollution Control Authority (WPCA) assesses residential and commercial property owners in the Crystal Lake area most benefited by the sewer system constructed to eliminate public health hazards of under-sized, on-lot disposal systems and raw wastewater discharges in this high density area. Vacant land shall not be assessed by the WPCA until it is built upon and derives direct benefit from the system. Assessments may be spread out over up to 30 years, as determined by the WPCA, but remai..
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Town of Ellington Hockanum River Watershed Sewerage System Ordinance
Date Added: Thursday, May 4, 2017Sewage Management, Watershed Protection
State: Not Applicable
This law details the Water Pollution Control Authority’s ability to assess commercial and residential pieces of property abutting sewer lines and connected to sewer lines. Definitions for use within this law include deferred assessment, capacity charge, commercial property, industrial property, sewer lateral line, residential unit assessment, and storage space. The law details how assessment of benefits occurs with residential property, commercial and industrial property, developer-constructed sewer extensions, and farmland. While all properti..
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County of Leon Aquifer and Wellhead Protection Ordinance
Date Added: Wednesday, October 14, 2015Aquifer Protection
State: Not Applicable
The ordinance protects and maintains the quality and quantity of groundwater in the county through the regulation of specific uses and wells. Requirements for the registration of businesses and agencies that use regulated substances and remediation activities should hazardous discharges occur are included. This regulation includes public education requirements, a provision for program funding through a fee system, and a mechanism for inspections...
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Town of Eden Classes of Districts Ordinance
Date Added: Thursday, May 4, 2017Development Standards, Erosion & Sedimentation Control, Overlay District, Stormwater Management
State: Not Applicable
The Town of Eden has created several zoning districts, and use regulations in those districts, that will help control flooding and protect floodplains from uninformed and overdevelopment...
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City of Overland Park Erosion and Sediment Control Ordinance
Date Added: Wednesday, March 2, 2016Erosion & Sedimentation Control
State: Not Applicable
This Erosion and Sediment Control Ordinance is designed to provide minimum requirements for the control of erosion and sediment resulting from development. It applies to all land disturbances that require a permit. The principles behind the ordinance include minimizing soil exposure, retaining sediments onsite, and using performance measures and outcomes. Requirements include: a time requirement that limits soil exposure to no more than 21 consecutive days if there is site inactivity; Erosion and Sediment Control Plan written by a Kansas State ..
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Town of Southampton, NY Pre-Application Process
Date Added: Thursday, August 12, 2021Pre-Application & Consensus Building, Healthy Communities, Health Impact Assessments
State: Not Applicable
The Town of Southampton, NY requires an in-depth pre-application process for subdivision approval for developers. The zoning code involves detailed steps that requires a lot of information from the developer upfront. The developer is required to set up a fee schedule with the town and may have to pay the town an upfront cost to be held in escrow for any additional clerical or consulting costs incurred during the application process. The subdivision developer must also provide an alternative cluster plan to their development. The planning board ..
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Town of Kingston, New York Code - Article XV: Solar Energy Systems
Date Added: Thursday, June 7, 2018Solar Energy, Zoning
State: Not Applicable
Kingston amended its zoning ordinance to permit small-scale solar energy systems by right and ground-mounted solar energy systems as accessory structures in all zoning districts. Large-scale solar energy systems are allowed in the Town by a Special Use Permit.
..
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City of Fargo Neighborhood Revitalization Initiative
Date Added: Sunday, August 28, 2016Incentive Zoning
State: Not Applicable
The Neighborhood Revitalization Program (NRI) is an effort in Fargo to encourage growth in the city center. The program offers economic incentives for residents to move into older single-family homes in the downtown area instead of developing on the City’s fringe. The incentives to develop an older home include low interest loans, child care assistance and gap financing (Stein 2003)...
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State of North Carolina Overlay Zoning Ordinances – Cities
Date Added: Sunday, May 7, 2017Overlay District, State Land Use Law, Zoning
State: Not Applicable
North Carolina affirmatively grants cities the authority to employ overlay zoning at § 160A-382, the general statute that authorizes the creation of districts for zoning. Two specific types of overlay districts are explicitly authorized in other provisions. Section 160A-383.1 allows cities to create manufactured home overlay districts within defined areas of residential districts, and § 160A-400.4 allows their use for the designation of historic districts. Cities may not include in an overlay district land owned by the State of North Carolina w..
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Town of Babylon Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
In its Zoning Chapter, the Town of Babylon does not dedicate any specific section to the implementation of solar energy systems. The Code does permit solar energy production facilities that are not less than 50 acres, subject to restrictions placed by the Planning Board in two Residence Districts, A and C, as well as the Town’s Business District. In terms of new architectural design requirements, developers and owners are permitted to install solar roof panels. The Chapter, however, does not describe specific requirements for solar energy syste..
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State of Louisiana Training Requirements for Local Boards Act
Date Added: Thursday, January 26, 2017Local Boards, Local Governance
State: Not Applicable
This bill requires land use training for local boards in Louisiana...
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Massachusetts Agricultural Land Protection Ordinance
Date Added: Wednesday, February 24, 2016Farmland Protection & Preservation
State: Not Applicable
This statute authorizes a city or town to establish a conservation commission for the promotion, development and protection of the natural resources of the city or town. Paragraph two below authorizes such commission to adopt rules and regulations governing the use of agricultural lands under its control to achieve its purpose. Such regulations shall not be less stringent than those regulations under section forty of chapter one hundred and thirty-one, which sets the statewide minimum standard for the regulation of the environment and natura..
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Town of Gilbert Water Conservation Ordinance
Date Added: Wednesday, October 14, 2015Landscaping, Water Conservation
State: Not Applicable
The Town of Gilbert Water Conservation Ordinance was designed to reduce the amount of water used in residential and nonresidential development. The ordinance limits water intensive landscaping, limits high evaporative loss features and requires efficient irrigation systems for all new development projects...
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Code Compliance Relocation Ordinance
Date Added: Thursday, June 2, 2022Displacement
State: Not Applicable
Oakland, CA Code Compliance Relocation Ordinance provides for owner paid relocation payments and assistance to tenants who are displaced due to compliance with building, housing, and, fire codes. Relocation benefits and assistance are necessary to ensure that displaced tenants secure safe, sanitary and decent replacement housing. If the owner refuses to make the payment, Oakland can choose to pay the displaced tenant and then place a lien on the property to recover the costs. ..
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Town of Gardiner Notification Requirements for Applications Relating to Certain Land Use Approvals Ordinance
Date Added: Friday, April 14, 2017Site Plan Approval
State: Not Applicable
The Town of Gardiner Notification Requirement for Land Use Approvals outlines the procedure for applications for land use approvals and zoning changes as they affect neighborhood property owners, the Town Board, the Planning Board, and the Zoning Board of Appeals. The law provides that notices of public hearings must be printed in local newspapers and lists the time frames in which parties must be notified regarding the application and the public hearing. The law also includes what radius of property owners must be notified for the following ap..
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State of Massachusetts Protection of Floodplains, Seacoasts, and Other Wetlands Ordinance
Date Added: Saturday, May 6, 2017Coastal Protection, Floodplain Regulations, Wetlands & Watercourse Protection
State: Not Applicable
This statute authorizes a municipality’s conservation commission, authorized and formed under section eight(c) of chapter forty, to review applications of projects that may affect natural areas, including areas prone to flooding (floodplains). See paragraph one. The commission is authorized in paragraph seventeen to impose conditions on the submitted application to achieve its purpose of protecting floodplains. Under certain circumstances, such as when the commission fails to hold a public hearing or when it fails to make a final determination..
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State of North Carolina Mountain Ridge Protection Act
Date Added: Sunday, May 7, 2017Ridgeline Protection, State Land Use Law
State: Not Applicable
This section authorizes cities to adopt the Mountain Ridge Protection Act and provides that if a city does so, it must comply with all the Act’s provisions unless it specifically removes itself from coverage...
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State of North Carolina Mountain Ridge Protection Act – Counties
Date Added: Sunday, May 7, 2017Ridgeline Protection, State Land Use Law
State: Not Applicable
This section authorizes counties to adopt the Mountain Ridge Protection Act and provides that if a county does so, it must comply with all the Act’s provisions unless it specifically removes itself from coverage...
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Philadelphia, PA Executive Order NO. 5-09: Establishment of a Complete Streets Policy
Date Added: Monday, June 25, 2018Healthy Communities, Complete Streets
State: Not Applicable
Executive Order NO. 5-09 establishes a Complete Streets Policy, and recognizes that increasing public transit use, walking, and bicycling can result in a healthier population, cleaner air, reduced traffic, livable neighborhoods, and less reliance on fossil fuels. It also provides that all City departments and agencies shall give full consideration to accommodation of the safety of all users of transportation systems (pedestrians, bicyclists, public transit users, vehicle drivers) regarding decisions made. The Complete Streets Policy is an integ..
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Town of Yorktown Article II: Conservation Board; § 10-7. Creation; Powers & Duties; Membership
Date Added: Wednesday, March 15, 2017Local Boards, Local Governance
State: Not Applicable
The Town of Yorktown has created a Conservation Board pursuant to General Municipal Law section 239-x. The Town Board appoints ten members to the Conservation Board and the conservation board members serve for three year terms...
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Town of Dover Special Permits & Site Plan Review Ordinance
Date Added: Thursday, April 13, 2017Pre-Application & Consensus Building, Site Plan Approval
State: Not Applicable
Prior to submitting a formal application for a zoning permit or special permit, the applicant is encouraged to prepare a rough conceptual plan of the proposed project or use, and to discuss the proposal with the Zoning Enforcement Officer and/or the Planning & Zoning Commission. This discussion is informal and non-binding...
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Town of Gardiner Permanent Open Space Ordinance
Date Added: Thursday, April 13, 2017Open Space Preservation
State: Not Applicable
The Permanent Open Space ordinance regulates the development, ownership, and maintenance of space/ land that has been set aside permanently for nonuse. The code ensures that permanent open space will comport with township rules and guidelines. The regulation provides for ownership of permanent open space by state and private owners. Open space protection provides for preservation of easements, roads, highways, and developments...
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State of Illinois Watercourse Protection Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Wetlands & Watercourse Protection
State: Not Applicable
Corporate municipal authorities are granted broad authority to protect and maintain watercourses, pursuant to 65 ILL. COMP. STAT. 5/11-104-1 (2004). Municipal authorities may “deepen, widen, dock, cover, wall, or alter channels of watercourses.” Furthermore, municipal authorities may construct and repair canals and slips to accommodate commercial interests, 65 ILL. COMP. STAT. 5/11-104-2 (2004), and water-related landing facilities. 65 ILL. COMP. STAT. 5/11-104-3 (2004). Municipal authorities may also relocate existing water courses within muni..
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New York State Town Law – Purposes in View Ordinance
Date Added: Monday, May 8, 2017Comprehensive Planning, State Land Use Law, Transportation & Land Use Planning, Zoning, Disaster Mitigation
State: Not Applicable
This ordinance explains the purpose behind granting zoning and land use planning authority to municipalities in New York State. ..
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New York State Town Law – Adoption of First Zoning Ordinance
Date Added: Monday, May 8, 2017Local Boards, State Land Use Law, Zoning
State: Not Applicable
This ordinance requires town boards to appoint a zoning commission, whose responsibility is to recommend boundaries of districts and regulations to be enforced in those boundaries. ..
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State of North Carolina Floodplain Protection Ordinances
Date Added: Sunday, May 7, 2017Flood Prevention, Floodplain Regulations, State Land Use Law
State: Not Applicable
Provisions regarding the authority of local governments to regulate use in floodplains are found in Part 6, Article 21, of Chapter 143. Under § 143-215.54, local governments are authorized to adopt ordinances to regulate uses in flood hazard areas and to grant permits for use in such areas. Flood hazard areas are defined at § 143-252(1d) as areas that local government has determined that development must be regulated in order to prevent flood damage. Base floodplains, defined at § 143-252(1b) as areas subject to a 1% or greater chance of floodi..
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State of Louisiana Green Space Ordinance
Date Added: Saturday, May 6, 2017Land Use Planning, Local Environmental Law, Wetlands & Watercourse Protection
State: Not Applicable
This model law provides a template for Louisiana parishes wishing to implement a green space ordinance to preserve water resources. The model law creates a servitude on the property between the property owner and the parish government and is a mandatory prerequisite for the issuance of any and all building permits. The servitude provides for a certain percentage of land on a property that shall remain in a natural, undisturbed or revegetated state, and allows the parish to enter the land for random inspections or following a complaint; the pa..
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County of Kitsap Hearing Examiner - Alternative Dispute Resolution Provision
Date Added: Wednesday, February 24, 2016Alternative Dispute Resolution
State: Not Applicable
The County Commissioners gave the hearing examiner the authority to include pre- and post-hearing mediations. Hearing examiners conduct quasi-judicial proceedings to resolve land-use disputes. ..
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Town of Clarkstown Training Requirements for Appointed Board Members Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
State: Not Applicable
This law requires members of planning and zoning boards of appeal in Clarkstown to receive training related to their position. It follows the Rockland Municipal Planning Federation’s sample law...
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Town of Coventry Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Despite its lengthy Zoning Code, Coventry, Rhode Island does not incorporate a section specifically detailing the requirements and regulations for solar energy systems. However, within its Transportation, Communications, and Utilities table (schedule) of uses under its Industry Section, solar power generators are permitted in mostly all of the zoning districts, with the exception of two types of residential districts, one business district, the Planned Development District, and the Special Planning Overlay District. The Zoning Code does not def..
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Solar Ann Arbor
Date Added: Monday, June 11, 2018Solar Energy
State: Not Applicable
Ann Arbor, Michigan adopted Solar Ann Arbor, a functional plan that includes an energy profile for the City and recommends creating municipal solar financial incentives streamlining the solar permitting process, integrating solar energy systems into municipal infrastructure and culture, adopting solar access laws and robust building energy codes, creating a solar outreach campaign, and supporting solar workforce development and green jobs...
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Hartford, CT Anti-Blight
Date Added: Thursday, August 12, 2021Vacant & Distressed Properties, Healthy Communities
State: Not Applicable
Vacant and distressed properties are a financial burden on the community and have a negative effect on public health. Hartford, Connecticut has an “Anti-Blight Program” in its Municipal Code. The code contains provisions mandating the registration of vacant buildings, requiring a quarterly city report indexing blighted properties, and offering a property tax assessment deferral for owners who repair and rehabilitate blighted properties. ..
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Town of Mamaroneck Erosion & Sediment Control Ordinance
Date Added: Sunday, May 7, 2017Erosion & Sedimentation Control, Flood Prevention, Quality of Life, Stormwater Management, Watershed Protection
State: Not Applicable
The intent of the enactment of the below regulations is to control and regulate land-disturbing activities to assure that best management practices are used which minimize water pollution, retain valuable topsoil and vegetation and prevent flooding, erosion and sedimentation. The Town therefore declares that the purpose of this chapter is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development ..
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Town of Clifton Park Selective Cutting of Timber Ordinance
Date Added: Friday, April 14, 2017Timber Harvesting
State: Not Applicable
Chapter 184 of the Town Code for the Town Clifton Park regulates the cutting of trees six inches or more in diameter at breast height. In order to cut such trees, the law requires loggers to apply for a permit in accord with the permit procedure enumerated in § 184-3 of the ordinance. The ordinance charges the Building Inspector with the enforcement of the ordinance and the ordinance also sets for the penalties for noncompliance...
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Land Use Law Center Strategies for Scattered Site & Infill Development Checklist
Date Added: Friday, April 21, 2017Land Use Planning, Urban Renewal, Vacant & Distressed Properties, Streamlining
State: Not Applicable
The Land Use Law Center created this checklist to assist municipalities in planning for infill and scattered site development. The checklist contains guidance from the beginning steps, such as identifying properties with redevelopment potential to engaging the community. The document also contains a checklist to present tools to help municipalities create and implement streamlined project review protocols to encourage economic development while still protecting the environment.
*This document was prepared with funds provided by the New Y..
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Town of Bedford Aquifer Protection Ordinance
Date Added: Sunday, March 19, 2017Aquifer Protection, Overlay District
State: Not Applicable
This ordinance delineates an aquifer protection zone where certain uses and activities are regulated or prohibited. It includes a Table of Uses and their Wastewater Equivalents, which can aid in community development and planning. The boundaries of the protected zone are delineated on an official map, prepared by hydrogeologists...
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Village of Croton-on-Hudson Telecommunications Towers Ordinance
Date Added: Monday, May 1, 2017Communications, Site Design Standards
State: Not Applicable
The Village of Croton-on-Hudson seeks to establish predictable and balanced regulations for the sitting and screening of various personnel wireless service antennas, towers, and accessory structures in order to accommodate the growth of such systems within the Village, while protecting the public against any adverse impacts on resources, avoiding the potential damage to adjacent properties for tower failure through structural standards and setback requirements, and reducing the number of towers needed to serve the community by maximizing the us..
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Delaware Township, New Jersey Ordinance #2011-06LU
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
State: Not Applicable
The town of Delaware, New Jersey provides specific lot-size requirements based on the type of solar facility. Ground-mounted Minor Solar or PV Energy Facility or Structure must be located on lots of at least one acre gross, while Major Solar or PV Energy Facility or Structure must be located on lots of at least twenty acres gross.
..
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Town of North Castle Hilltops, Ridgelines & Steep Slopes Ordinance
Date Added: Monday, May 8, 2017Ridgeline Protection, Steep Slope Protection, Zoning
State: Not Applicable
§ 213-17 of the Town Code for the Town of North Castle was enacted for the purpose of preventing erosion, minimizing stormwater runoff and flooding, and preserving the Town's character and property values. The means by which the Town attempts to reach this goal is by preventing the development of hilltops, ridgelines and steep slopes...
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County of Rockland Proposed Resolution for Certification of Municipal Planning & Zoning Board Members
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training, Zoning
State: Not Applicable
This is a sample resolution provided by the Rockland Municipal Planning Federation for municipalities within the county to adopt. The resolution requires land use training of Planning Boards and Zoning Boards of Appeal...
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Town of Westbrook Community Forest Ordinance
Date Added: Wednesday, May 3, 2017Tree Preservation & Protection
State: Not Applicable
This Tree preservation provision establishes a 55 acre community forest to be managed by the town under the forest commission. The purpose of the ordinance is to protect forest resources and water quality, as well as serve recreational and educational functions. ..
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Town of Enfield Conservation District Ordinance
Date Added: Tuesday, May 9, 2017Ridgeline Protection
State: Not Applicable
This is a law that regulates use in the conservation district. It limits commercial development and regulates the aesthetic nature of developments as well as protecting natural resources such as riparian areas...
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Town of Big Flats Aquifer Protection Overlay District Ordinance
Date Added: Saturday, May 6, 2017Aquifer Protection, Overlay District, Zoning, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
This ordinance is designed to protect the local drinking water in the interest of public health and safety. The town is creating an Aquifer Protection Overlay District (APOD) to create districts in which certain uses of water are permitted. There are also various uses of water that are and are not permitted which vary by the districts that are set forth in the ordinance...
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City of Brookfield Well Head Protection Ordinance
Date Added: Tuesday, April 18, 2017Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
This law is designed to provide protection to the City of Brookfield’s water supply. The law includes standards and regulations, relating to well head protection, which apply to businesses and residents of the City. These standards proscribe distances which must separate the City’s well heads from certain types of businesses and certain land uses. The law also has placed a ban on some activities which present a possible danger to the City’s water supply, and discusses the penalties which would accompany the violation of these regulations. ..
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District of Columbia Quick Acquisition of Abandoned & Nuisance Property
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
State: Not Applicable
The District of Columbia enacted the Quick Acquisition of Abandoned and Nuisance Property Act. This act provides the Mayor authority to file petition in the Superior Court of the District of Columbia to alleviate nuisance and blight conditions on abandoned properties. The petition may seek to condemn, take possession, or take title to abandoned properties. Upon filing petition, the Mayor must deposit with the court, fair market value of the abandoned property and file notice of the petition with the recorder of deeds. If the fair market val..
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Energize NY
Date Added: Monday, June 4, 2018Healthy Communities, Climate Change Planning
State: Not Applicable
It is the policy of both the Town of Yorktown and the State of New York to achieve better energy efficiency and renewable energy goals to reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. Yorktown has partnered with the Energy Improvement Corporation, a local development corporation, to make funds available to qualified property owners who meet the energy efficiency qualifications.
Potentially qualified residents can apply for funding through the EIC, who run energy audits to t..
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City of Buffalo, NY Chapter 413 Streets and Sidewalks, Article XIV: Complete Streets
Date Added: Thursday, June 21, 2018Healthy Communities, Complete Streets
State: Not Applicable
Article XIV within Chapter 413 of the City of Buffalo, NY Code outlines the Complete Streets code provisions for the city. This Section provides that the Commissioner of Public Works, Parks, and Streets shall include pedestrian and bicycle facilities in all new street construction, reconstruction, maintenance, public works, and projects undertaken by the City. The Bicycle and Pedestrian Advisory Board reviews all new construction/projects and provides consultation regarding the implementation of complete streets. The inclusion of bicycle and pe..
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State of New Jersey Riparian Buffer Conservation Zone Model Ordinance
Date Added: Wednesday, April 12, 2017Buffer Zones, Local Environmental Law, Water Resource Protection
State: Not Applicable
This model ordinance provides a template for New Jersey municipalities wishing to implement a riparian buffer conservation zone to protect water resources and control flooding. The riparian buffer conservation zones are divided into three categories based on the natural characteristics of the water course, and each offering varying levels of protection. An overlay to the existing zoning districts is created; the provisions apply to any activity requiring a building permit, zoning variance, special exception, conditional use, or subdivision/la..
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Town of Berlin Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
In its Zoning Chapter, the Town of Berlin has created a section specifically for site design guidelines, Section 108-274. Within that section, Berlin has authorized solar energy use. A developer or owner must consider the feasibility and desirability of active and passive solar energy use before installation. Builders must also “orient proposed buildings and provide structures to provide for solar energy use and to preserve solar access of adjoining properties.” ..
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Long Island Sound Coastal Management Program
Date Added: Saturday, May 6, 2017Coastal Protection, Comprehensive Planning, Intermunicipal Agreements, Natural Resource Protection & Conservation
State: Not Applicable
The Long Island Sound Coastal Management Program offers a comprehensive vision for the preservation and development of the Long Island Sound coast in the State of New York. It focuses on four main issues: “The Developed Coast,” which seeks to incorporate the natural landscape of the sound with community development; “The Natural Coast,” which aims to achieve sustainable use of the Sound’s natural resources; “The Public Coast,” which has the goal of providing more public access to the Sound; and finally, “The Working Coast,” which encourages th..
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Town of Yorktown Clustering and Flexibility Standards Ordinance
Date Added: Monday, March 21, 2016Clustering & Cluster Development
State: Not Applicable
The purpose of this article is to encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic provision of streets and utilities and to preserve the natural and scenic qualities of open land. ..
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Village of Croton-on-Hudson Environmental Compliance Ordinance
Date Added: Wednesday, May 3, 2017Development Standards, Clustering & Cluster Development, Environmental Compliance, Site Design Standards, Site Plan Approval, Conservation Districts & Subdivisions
State: Not Applicable
This law authorizes the village Planning Board, and other advisory boards within the Village of Croton-on-Hudson, to retain the services of an Environmental Consultant to review and consult the board(s) concerning development taking place within the village’s environmentally sensitive areas, and to assure that environmental compliance measures are followed. The law also describes the role and duties of the Environmental Consultant. ..
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Township of Readington Open Space Trust Fund
Date Added: Monday, October 17, 2016Land Acquisition, Open Space Preservation
State: Not Applicable
This ordinance authorizes the creation of an open space fund into which the dedication of $.02 per $100 of assessed valuation of annual taxes. The funds are to be used for the acquisition of open space. The fund also permits the acceptance of donations and testamentary bequests to this fund. ..
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Town of Batavia Wellhead Protection Overlay Zone Ordinance
Date Added: Thursday, March 23, 2017Overlay District, Zoning, Wetlands & Watercourse Protection
State: Not Applicable
This law is designed to protect those areas of the town which are important to ensuring a safe and healthful drinking water supply for the Batavia area, local residents, employees and the general public through the preservation of the town's groundwater sources. The designation of two Wellhead Protection Areas (WPA) within the Wellhead Protection Overlay Zone and the careful regulation of activities with these zones will reduce the potential for groundwater contamination. The Wellhead Protection Overlay Zone will preserve and maintain the exist..
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State of Massachusetts Municipal Growth & Development Policy Committees Ordinance
Date Added: Saturday, May 6, 2017Development Standards, Intermunicipal Agreements, Local Boards, Local Governance, Smart Growth
State: Not Applicable
A growth and development policy committee consisting of two or more municipalities may be established under this statute and “engage in all acts and conduct for the purpose of intergovernmental planning of balanced growth and development issues.” Paragraph one broadly defines “balanced growth and development issues.” Subject to the committee’s comment and review are issues which may have a “significant impact upon the health, safety or welfare of the member municipalities’ citizens, including issues pertaining to growth management and land us..
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Town of Mamaroneck Local Impact Review
Date Added: Wednesday, March 2, 2016Development Standards
State: Not Applicable
The purpose of Chapter 130 of the Town Code for the Town of Mamaroneck is to address the impact of noise, traffic, cultural or aesthetic resources, existing patterns of population concentration and community or neighborhood character and thereby provide for the proper care, management and use of the streets and highways of the Town, and the protection, safety, health of persons and property therein...
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State of New York Indebtedness Provision for Public Services Ordinance
Date Added: Monday, May 8, 2017Intermunicipal Agreements, Sewage Management, Stormwater Management, Drinking Water Protection & Conservation
State: Not Applicable
This provision of the New York State Constitution allows the legislature to authorize any municipality or combination of two or more public corporations to contract indebtedness in order to supply public services. In certain circumstances, the provision also allows the municipalities in excess of its needs. Services addressed in this provision include: water supply, drainage, and sewage disposal...
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City of Ferndale Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Ferndale, Michigan permits solar energy systems in all of its zoning districts as an accessory structure, subject to a number of requirements. These requirements include that the systems meet all other applicable construction codes; the design of the system must conform to applicable industry standards; and that the systems be screened per the discretion of the community development department. Solar energy systems, according to a sub-section within Ferndale’s Zoning Chapter, also have to meet the height and setback requirements of the zoning d..
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City of Fairfield Wellhead Protection Program
Date Added: Tuesday, July 21, 2015Aquifer Protection
State: Not Applicable
This ordinance regulates hazardous substances and prohibits specific pollutants in designated wellhead protection zones. Facilities that use regulated substances must register and comply with substance release standards and inspections. A list of regulated substances and uses, which is flexible, is also included...
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Town of Mendon Environmental Protection Overlay Districts Ordinance
Date Added: Sunday, May 7, 2017Erosion & Sedimentation Control, Flood Prevention, Historic Preservation, Official Map, Overlay District, Scenic Resources, Sewage Management, Steep Slope Protection, Timber Harvesting, Zoning, Wetlands & Watercourse Protection
State: Not Applicable
This law creates environmental protection overlay districts for the Town of Mendon, NY. The districts include: Wetland Protection Overlay District, Steep Slope Protection Overlay District, Watercourse Protection Overlay District, Scenic Vista Protection Overlay District, Historic Preservation Overlay District, Waste Disposal Overlay District, Woodlot and Timber Harvesting Protection Overlay District, Flood Damage Prevention Overlay District, and Soils Susceptible to Ponding Overlay District. ..
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Biking and Walking in the United States 2016
Date Added: Tuesday, July 10, 2018Pedestrian Oriented Design (POD), Healthy Communities, Bicycle Infrastructure
State: Not Applicable
The Benchmarking Project has 3 primary objectives: 1) to promote data collection and availability, 2) to measure progress and evaluate results, and 3) to support efforts to increase bicycling and walking. The project is also motivated by making the connection between active transportation and healthy communities. The first half of this report contains a review of relevant research that supports biking and walking improvements, and the second half of the report provides state and city data. Part one explains the Benchmarking Project and the data..
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Town of Brookhaven Tree Preservation Ordinance
Date Added: Monday, May 1, 2017Site Design Standards, Tree Preservation & Protection, Subdivision Approvals, Timber Harvesting, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
State: Not Applicable
Chapter 70 of the Town Code for the Town of Brookhaven regulates the destruction and removal of trees within the town. Permission must be obtained from the town before a tree can be removed from property which is zoned for commercial or industrial use or which is larger than two acres. Permission must also be obtained for acts that will cause a tree to die on such property. When determining the size of the property, contiguous parcels of property that are subject to common ownership are deemed merged. There are however, certain exemptions. ..
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Town of Guilderland Site Plan Approval Ordinance
Date Added: Friday, April 14, 2017Site Plan Approval
State: Not Applicable
This law outlines the application procedures required for site plan approval in the town of Guilderland, New York. The topics covered by the law include: authorization to grant or deny site plan approval; time of submittal; preapplication sketch; application for preliminary site plan approval; factors for consideration; modification; action on preliminary application; application for final detailed site plan approval; and action on the final detailed site plan application. ..
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Township of Howell Riparian Buffers – Standards of Performance Ordinance
Date Added: Friday, May 5, 2017Buffer Zones, Development Standards, Environmental Compliance, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
This ordinance sets forth the practices and procedures to be followed by developers and others in order to maintain the integrity of riparian habitat. This law creates a buffer zone in which private activity, such as tree cutting, disturbing soil, use of fertilizer, and use of pesticides are severely regulated. The town board holds discretion in allowing a buffer zone to be disturbed. If a buffer zone is disturbed, the developer is required to rehabilitate the buffer zone in accordance with the accepted practices set forth in this law. ..
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Town of Malta Planned Development Districts – Zoning Ordinance
Date Added: Sunday, May 7, 2017Planned Development Districts, Zoning
State: Not Applicable
Chapter 167 of the Town Code for the Town of Malta sets forth the requirements for developing the planned development district. The regulations imposed on the developer include size requirements of developments, the set-asides for work-force, and specifications related to retirement housing. The planning board may also add additional requirements which are deemed necessary. There is an automatic termination within 5 years if site plan approval or the building permit has not been obtained, or construction has yet to commence...
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Town of Amherst Conservation Easement Ordinance
Date Added: Sunday, March 19, 2017Land Acquisition, Conservation Districts & Subdivisions
State: Not Applicable
This ordinance allows the town board to take easements for the public use. It sets out a procedure to take the land and provide for compensation for the taking. There are penalties if the taking is done in other manners. ..
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City of Fayetteville Redevelopment Standards & Incentives Ordinance
Date Added: Sunday, August 28, 2016Incentive Zoning
State: Not Applicable
The Redevelopment District regulation provides incentives for redeveloping an already developed site, rather than on pristine land. It provides density bonuses and waivers of impact fees in order to encourage redevelopment of blighted areas and compatible development...
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City of Fort Collins Code § 3.2.3(E)(1) - Solar Access Regulations; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
State: Not Applicable
The City of Fort Collins, Colorado adopted solar access, orientation, and shading provisions in its site plan regulations. These provisions require an applicant to locate and design all physical elements in the development plan so that they accommodate active and/or passive solar installations to the extent reasonably feasible. Subsection [C] requires at least 65 percent of lots less than 15,000 square feet in area in single- and two-family residential developments to conform to the regulatory definition of “solar-oriented lot” to preserve the ..
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State of Illinois Site Plans Control – County Ordinance
Date Added: Friday, May 5, 2017Floodplain Regulations, Site Design Standards, State Land Use Law, Stormwater Management
State: Not Applicable
Corporate county authorities may require by ordinance that any map or plat of land not within a municipality be submitted and approved by appropriate authorities. County authorities may establish “reasonable rules and regulations” to protect of community and natural resources, as well as surface waterways and drainage basins, associated with water supply. Furthermore, county authorities may include reasonable requirements applicable to water supply, sewage collection, and floodplain and stormwater management. Pursuant to 55 ILL. COMP. STAT. 5/5..
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Town of Ithaca Zoning Regulations; Solar Zoning; Subdivision Regulations
Date Added: Wednesday, August 23, 2017Solar Energy, Subdivision Regulations, Zoning
State: Not Applicable
The Town of Ithaca has enacted a section on Solar Access within its chapter on the subdivision of land. The section is a short one, but vests power to the Planning Board to require a subdivision to be platted “so as to preserve or enhance solar access for either passive or active systems.” The Planning Board may also mandate site plan modifications if it determines that the solar orientation of the development needs improvement.
The Town of Ithaca has also included a section solely on solar collectors and installation within its Zoning Chap..
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Town of Limington Article VII: Performance Standards, Specific Activities, and Land Uses – Aquifer Protection Provision
Date Added: Wednesday, February 24, 2016Aquifer Protection
State: Not Applicable
This ordinance regulates those who use the aquifer for the purpose of water extraction and prohibits the extraction of water to the extent that it causes undesirable changes in groundwater flow, pollution, and sedimentation or erosion. The ordinance is designed to provide general provisions that maintain safe and healthful conditions associated with groundwater use and extraction...
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City of Milton Historic Preservation & Solar Apparatus Regulations § 34-162.3; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
State: Not Applicable
Milton’s regulations for historic preservation districts include solar apparatus criteria for the historic preservation commission’s (“HPC”) review of alterations in historic districts. The review criteria allow passive and active solar apparatus that do not detract from a building’s architectural integrity and are as unobtrusive as possible. Solar devices may not hide significant architectural features from street view, result in the loss of these features, or become a major feature of the design because they are large in scale. City of Milton..
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City of Belfast Site Plan Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Site Plan Approval, Solar Energy, Zoning
State: Not Applicable
Chapter 90 of the City of Belfast’s Code lists site plan criteria. Those criteria include pollution control, groundwater access, landscaping, and access to direct sunlight for an abutting property owner for solar energy system. Sec. 90 -42(17) goes on to state that the Planning Board may prohibit, restrict, or control development in order to protect and ensure access to direct sunlight for solar energy systems. ..
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Local Food Supply: A Chapter of the Marquette County Comprehensive Plan
Date Added: Tuesday, July 17, 2018Comprehensive Planning, Local Food Production, Healthy Communities, Zoning, Urban Farming & Community Gardens
State: Not Applicable
The County of Marquette added a chapter to its Comprehensive Plan entitled Local Food Supply as a way to expand the local economy through increased local food production and to enhance the health of residents through better access to affordable, healthy foods. Some of the policies enacted via this Local Food Supply Plan include amending the zoning code to allow for small scale agricultural uses in residential zones, establishing community gardens, developing educational opportunities to teach the importance of local food production, supporting ..
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Town of Somers Scenic Resource Protection Ordinance
Date Added: Monday, April 17, 2017Natural Resource Protection & Conservation
State: Not Applicable
The Scenic Resource Protection Ordinance seeks to safeguard the town's scenic resources, aesthetic, and cultural heritage, as embodied in the landscape and geologic features and improvements of the town. The regulation attempts to stabilize and improve property values in such scenic resource areas, preserve the semi-rural character of the town and promote traffic and pedestrian safety. ..
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City of Auburn & Town of Owasco Public Water Supply Ordinance
Date Added: Thursday, March 23, 2017Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
These rules and regulations apply to the protection of Owasco Lake and its tributaries, which are a source of the public water supply for both Auburn and Owasco. They require materials harmful to the public water supply, which include agricultural waste, sewage, pollutants, herbicides, and pesticides, to be a certain distance away from the lake and its tributaries. The rules and regulations also require regular inspections of the lake and its tributaries to ensure there are no violations of the public water supply boundary requirements...
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State of Illinois Transfer of Development Rights – County Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Transfer of Development Rights (TDR)
State: Not Applicable
As enumerated under the powers to preserve scenic and historic resources, in 55 ILL. COMP. STAT. 5/5-30004 (2004), corporate county authorities may establish a system for the “transfer of development rights,” including the necessary means to deposit and transfer such rights into a “development rights bank.” The system is to be modeled after the system established for municipalities under 65 ILL. COMP. STAT. 5/11-48.2-1A(4) (2004). All receipts arising from such transfers must be deposited in a special county account, and applied against expendi..
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Mecklenburg County Soil Erosion and Sedimentation Control
Date Added: Wednesday, December 2, 2015Erosion & Sedimentation Control
State: Not Applicable
This ordinance applies to all land-disturbing activities, except forest activity that follows the state forest practice guidelines and agriculture, but requires a sediment and erosion control plan only on activities that disturb more than one acre. The ordinance controls the length, location, and area of soil exposure and requires weekly monitoring and post-storm event monitoring. In addition this ordinance is designed to facilitate the county’s efforts to assess penalties on those in non-compliance, by including a thorough list of violations a..
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City of Kingston Roundout Creek & Hudson Riverfront Districts Ordinance
Date Added: Friday, May 5, 2017Waterfront Revitalization, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
This law creates the Rondout Creek and Hudson Riverfront Districts, in order to afford priority to water dependant uses, achieve public access to the coastal area, control development, and to implement the policies and purposes of the City of Kingston Local Waterfront Revitalization Program. This law also sets up a permit and special permit system, for person’s seeking to build or conduct certain activities within these protected districts. ..
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Town of Brookhaven Flood Damage Prevention Ordinance
Date Added: Tuesday, April 18, 2017Erosion & Sedimentation Control, Flood Prevention, Floodplain Regulations
State: Not Applicable
This law attempts to minimize the amount of flood damage in the Town of Brookhaven by: (1) Regulating uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities, (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction, (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which are ..
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The Jefferson County Farmland Protection Program
Date Added: Wednesday, February 24, 2016Farmland Protection & Preservation
State: Not Applicable
This county farmland protection plan offers provisions for land acquisition and the purchase of conservation easements based on a system of prioritization to determine the allocation of funds...
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City of Ashland Incentive Zoning Ordinance
Date Added: Sunday, August 28, 2016Incentive Zoning
State: Not Applicable
The City of Ashland uses a performance-based system to allow increased development densities with quality design. The purpose of the Ashland City Code Title 18 is to allow an option for more flexible design than is permissible under the conventional zoning codes. Designs should stress things such as energy efficiency, architectural creativity and innovation, and use the natural features of the landscape to their greatest advantage. ..
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Town of Brookhaven Required Attendance at Public Meetings for Members of Planning Board & Zoning Board of Appeals Ordinance
Date Added: Wednesday, January 25, 2017Local Boards, Local Governance
State: Not Applicable
The Town of Brookhaven created this local law to establish minimum attendance requirements for all Zoning Board of Appeals and Planning Board members...
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Town of Brookhaven Wetland Overlay District Ordinance
Date Added: Monday, May 1, 2017Coastal Protection, Development Standards, Overlay District, Site Design Standards, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
Increasing demand for development on property containing wetlands and surface waters may adversely impact and impair such natural resources. This statute creates an overlay district to protect property containing such resources. This statute uses Chapter 81 of the Town Code, Articles 24 and 25 of the New York Environmental Conservation Law, and maps drawn by the New York State Department of Environmental Conservation to determine what areas should be considered wetlands, buffer zones, etc. and protected in the overlay district. This statute ..
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Town of Cazenovia Lake Watershed Residential Use District
Date Added: Monday, May 1, 2017Development Standards, Open Space Preservation, Site Design Standards, Watershed Protection, Zoning, Wetlands & Watercourse Protection
State: Not Applicable
§ 165-11 and § 165-12 of the Town Code for the Town of Cazenovia list several regulations that are designed to limit the use of the lake and the development of property around the lake. Buildings in the designated area around the lake, except for churches and schools, have height limits, and buildings and lots have minimum size requirements. No machinery, equipment, or vehicles used in a business can be stored outside. Boat houses cannot be used for residential purposes and are limited by size and structure requirements. Recreational use an..
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Town of Chenango Aquifer District
Date Added: Monday, May 1, 2017Aquifer Protection, Zoning, Natural Resource Protection & Conservation
State: Not Applicable
§ 73-11 of the Town Code for the Town of Chenango contains several definitions of terms that are important to aquifer protection such as; aquifer recharge zone, watercourse, cone of depression, and toxic or hazardous material. The purpose behind this statute is to minimize the potential for contamination of the aquifer which currently supplies water to the town. This statute divides the Town of Chenango into the following types of aquifer district zones: [1] Wellhead Protection Area, [2] Aquifer Recharge Area, and [3] Watershed Area. These z..
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Town of Malta Environmental Board Ordinance
Date Added: Saturday, May 6, 2017Local Boards, Local Environmental Law, Natural Resource Protection & Conservation
State: Not Applicable
The legislature’s intent in drafting Chapter 8 of the Town Code for the Town of Malta is to preserve and improve the quality of the natural and man-made environment within the Town. This has become more challenging in the face of population growth, urbanization, and technological change and its effect on the environment all of which impact the health, welfare and economic well-being of present and future inhabitants of the Town. Chapter 8 creates an Environmental Board which is charged with seeing that these goals are pursued. ..
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City of Portland Green Building Code
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
Under its Green Building Code, the City of Portland, Maine requires all new construction and renovation projects having total construction costs of greater than $250,000 to attain United States Green Building Council’s (USBC) Leadership in Energy and Environmental Design (LEED) certification at the Silver level, if the project is either: (1) to be owned or occupied by the City and is of at least 5,000 square feet in floor area; or (2) to be funded in whole or in part by the City and is of at least 10,000 square feet in floor area. Buildings mus..
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City of Arnold Floodplain Ordinance
Date Added: Wednesday, January 27, 2016Floodplain Regulations
State: Not Applicable
Arnold has very specific and stringent regulations for all construction in the Meramec and Mississippi River floodplains below 420 feet above sea level which range from permit requirements to enforcement provisions. In addition, the lowest floor of all floodplain construction must be elevated to at least three feet above the base flood elevation and in the floodways encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. Although not part of the ordinances, Arnold has a very aggressive buyou..
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City of Greensboro Soil Erosion and Sedimentation Control Ordinance
Date Added: Wednesday, February 24, 2016Erosion & Sedimentation Control
State: Not Applicable
The purpose of this ordinance is to “regulate certain land-disturbing activity to control accelerated erosion and sedimentation to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation”. Permits for land disturbing activity are required for properties that meet certain conditions. Generally, a soil erosion and sedimentation control plan is required and must contain the control objectives including identifying critical areas, limiting time of exposure, limiting exposed ar..
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Town of North Salem Historic Road Preservation Ordinance
Date Added: Monday, May 8, 2017Historic Preservation, Transportation & Land Use Planning
State: Not Applicable
This law designed to protect and preserve historical roads in the Town of North Salem, NY. The law is designed to accomplish this by: (1) designating, protecting, preserving and maintaining certain roads within North Salem which shall qualify, under the definition stated in this chapter, as historic roads, (2) setting forth criteria for designation of roads within the Town, which may be found to qualify, (3) prescribing guidelines for maintenance of these historic roads, and (4) providing for the educational, cultural, recreational, environmen..
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National Environmental Policy Act of 1969
Date Added: Monday, April 17, 2017Natural Resource Protection & Conservation
State: Not Applicable
The National Environmental Policy Act of 1969 seeks to establish that all practicable means and measures be used to promote the general welfare and maintain conditions under which man and nature can exist in productive harmony. Under the Act, Congress seeks cooperation from agencies, and international and national cooperation, in attempting to reach their goals. ..
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Town of Gardiner Commission for the Conservation of the Environment Ordinance
Date Added: Wednesday, January 25, 2017Local Boards, Local Governance
State: Not Applicable
Town of Gardiner Commission for Conservation of the Environment establishes the guidelines for the Commission, including the Commission’s intent, membership, powers, and required reports. The Commission’s intent is to conserve, preserve, and improve the natural and man-made environment of Gardiner in order to protect the health, welfare, and well being of the town’s citizens. The Commission’s duties include: advising the town board, conducting studies and surveys, obtaining and maintaining town maps, and working cooperatively with the Planning ..
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Town of New Milford Proposed Ordinance Concerning the Right-to-Farm
Date Added: Wednesday, October 21, 2015Agriculture, Right-to-Farm
State: Not Applicable
The town of New Milford established this right to farm ordinance limiting circumstances under which any such operation may be considered a nuisance. The ordinance specifies that any dispute over farming practices will be handled through mediation through the mayor’s office...
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City of Tucson Pre-Application Procedures Ordinance
Date Added: Thursday, April 13, 2017Pre-Application & Consensus Building
State: Not Applicable
The land use code subjects applications to a neighborhood meeting. Furthermore, a pre-application conference is required for all applications submitted by parties other than the City. § 5.4.1.2...
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Programs for Brownfield Remediation
Date Added: Thursday, April 26, 2018Healthy Communities, Brownfields
State: Not Applicable
The City of Newburgh, New York hosts a range of brownfield sites due to its industrial legacy. Newburgh currently has identified eight municipally owned brownfields, and there is potential for others existing on both private and public lands throughout the city. The perceived or actual risks of remediation can have far-reaching and negative side effects; brownfields have been shown to deter future growth, increase urban sprawl, lower the economic value of surrounding communities, and pose a threat to the health of local communities. Fortunately..
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City of Bend Land Use Review & Procedures Ordinance
Date Added: Friday, April 14, 2017Site Plan Approval
State: Not Applicable
The Bend Land Use Review and Procedures Ordinance requires developers to consult and plan with the City and the public in order to obtain development permits, and in so doing forces development to comply with zoning and land use regulations as outlined in the city’s comprehensive plan. ..
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Template Solar Energy Development Ordinance for North Carolina
Date Added: Wednesday, June 29, 2016Solar Energy
State: Not Applicable
The Template Solar Energy Development Ordinance for North Carolina defines solar energy systems, in part, based on their physical size measured in acres. According to the state’s model ordinance, Level 1 Solar Energy Systems include those that are “ground-mounted on an area of up to 50 [percent] of the footprint of the primary structure on the parcel but no more than [one] acre,” and Level 2 Solar Energy Systems are ground-mounted systems with a footprint of less than or equal to a half acre in residential districts, less than or equal to 10 ac..
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North Carolina’s Template Solar Energy Development Ordinance; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
State: Not Applicable
The Template Solar Energy Development Ordinance for North Carolina defines solar energy systems (“SES”), in part, based on their physical size measured in acres. According to the state’s model ordinance, Level 1 SESs include those that are ground-mounted on an area of up to 50 percent of the footprint of the primary structure on the parcel but no more than 1 acre. Level 2 SESs are ground-mounted systems with a footprint of less than or equal to a half acre in residential districts, less than or equal to 10 acres in general commercial business a..
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Affordable Housing Impact Statement Ordinance
Date Added: Tuesday, June 7, 2022Affordable Housing , Displacement
State: Not Applicable
Atlanta, Georgia’s Affordable Housing Impact Statement Ordinance requires that Community Development/Human Resources Committee (“Committee”) of the City Council regularly hears legislation that, impacts the overall housing stock of the city. The committee can then incentivize to alter their plans to include more affordable housing...
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Village of Croton-on-Hudson Conservation Advisory Council Ordinance
Date Added: Wednesday, May 3, 2017Local Boards, Natural Resource Protection & Conservation
State: Not Applicable
The Village of Croton-on-Hudson is creating a Conservation Advisory Council in the fight to preserve and improve the quality of the natural and manmade environment of the Village in the face of population growth, urbanization, and technological change. The Conservation Advisory Council will serve to reinforce the environmental interests of the community by developing community programs to foster understanding of environmental issues, conducting studies to carry out their protective purposes, coordinating efforts of private groups, maintaining c..
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Coastal Zone Management Act
Date Added: Wednesday, October 21, 2015Coastal Protection, Stormwater Management, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
The Coastal Zone Management Act of 1972 (CZMA) and the Coastal Zone Act Reauthorization Amendments of 1990 offer state governments a voluntary partnership with the federal government to protect coastal resources. To receive federal funding, participating states must create approved coastal zone management programs. The Act calls for the coordination of state and local water quality plans and specifies that federal agency activity “within or outside the coastal zone that affects any land or water use or natural resource of the coastal zone” must..
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City of Dubuque Unified Development Code; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
In Dubuque, Iowa’s Unified Development Code, solar collectors are permitted in Single-Family Residential Districts, Two-Family Residential Districts, Alternate Two-Family Residential Districts, Moderate Density Multi-Family Residential Districts, Multi-Family Residential Districts, Office Residential Districts, and Office Commercial Districts as accessory use structures. Dubuque’s Development Code also includes a Sustainable Subdivision Development program whereby applicants must achieve a minimum score of forty points by utilizing a list of to..
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Town of Greenburgh Protection of Steep Slopes Ordinance
Date Added: Friday, May 5, 2017Erosion & Sedimentation Control, Steep Slope Protection, Watershed Protection, Drinking Water Protection & Conservation
State: Not Applicable
The purpose of Chapter 245 of Greenburgh’s Town Code is to prevent erosion and sedimentation, including loss of topsoil, and protection of the water quality. Through this chapter, the Town also seeks to minimize the development of hilltops and ridgelines wherever possible. ..
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City of Beacon, New York Code-Chapter 223: Solar Collectors and Installations
Date Added: Monday, June 18, 2018Solar Energy, Zoning
State: Not Applicable
The City of Beacon, New York’s Code has an article dedicated to solar collectors and their installation. The height of freestanding and ground-mounted solar collectors (permitted as accessory structures in all zoning districts) and any mounts shall not exceed twenty feet when oriented at maximum tilt. For large-scale solar collectors or solar farms (which are prohibited in areas zoned for residential use), the maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 ..
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Town of New Windsor Stormwater Management & Stormwater Pollution Prevention
Date Added: Monday, May 8, 2017Local Environmental Law, Stormwater Management, Watershed Protection
State: Not Applicable
This law adopts minimally acceptable stormwater management standards which must be met for subdivisions, site plans, and construction projects which impact more than one acre of property within the bounds of the Town. ..
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Neighborhood Jobs Trust
Date Added: Thursday, June 2, 2022Impact Fees, Displacement
State: Not Applicable
Boston, MA requires that commercial developers for projects greater than 100,000 square
feet receive a zoning variance, on the condition that the developer of the building pay a
linkage fee, based on square footage, to the Neighborhood Jobs Trust. The Trust provides
continued and future employment opportunities for Boston’s low or moderate income residents.
The Trust supports such services as job training and retraining, employment counseling and job
placement services, adult literacy and alternative education programs, and related support..
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Town of Eden Conservation Easements Ordinance
Date Added: Thursday, May 4, 2017Land Acquisition, Open Space Preservation, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
State: Not Applicable
Chapter 95 of the Town Code for the Town of Eden provides for the acquisition of interests or rights in real property to be used for the preservation of open space and areas which shall constitute a public purpose for which public funds may be expended or advanced after due notice and a public hearing by which the Town of Eden may acquire by purchase, gift, grant, bequest, devise, lease or otherwise the fee of any lesser interest, development right, easement, covenant or other contractual right necessary to acquire open space or open area. ..
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State of North Carolina Landmark Preservation Ordinances
Date Added: Sunday, May 7, 2017Landmark Preservation, State Land Use Law
State: Not Applicable
Under the enabling statutes found at Part 3C, Article 19 in Chapter 160A, both cities and counties (“municipalities”) have the authority to designate landmarks as part of a zoning or other ordinance. § 160A-400.2, § 160A-400.5. Before a municipality can establish a landmark, it must appoint a historic preservation commission § 160A-400.7. To designate a landmark, this commission must undertake an inventory of the properties of historic, architectural, prehistorical, and cultural significance within the municipality’s jurisdiction. § 160A-400.6...
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City of Mandeville Comprehensive Land Use Regulation Ordinance
Date Added: Wednesday, March 2, 2016Comprehensive Planning, Land Use Planning, Zoning
State: Not Applicable
Adopted in 1993 and last updated in June 2002, this very extensive comprehensive plan serves as the zoning ordinance for the city. ..
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Town of Huntington Climate Action Plan
Date Added: Monday, June 11, 2018Green Buildings & Energy Efficiency, Land Use Planning, Solar Energy, Stormwater Management, Transportation & Land Use Planning, Climate Change Planning
State: Not Applicable
In 2015, the Town of Huntington, New York released its Climate Action Plan. The Plan calls for removing zoning hurdles that obstruct the development of solar energy systems on private property and to streamline the permitting process. It calls for the installation of solar PV capacity on every public facility that can reasonably support such systems. The Plan also notes that to achieve economies of scale, the Town should bid multiple installations together or use requirements contracts to promote cost efficiencies. The plan also directs the Tow..
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Town of Mamaroneck Conservation Areas Ordinance
Date Added: Sunday, May 7, 2017Open Space Preservation, Recreational Uses, Natural Resource Protection & Conservation
State: Not Applicable
Local Law No. 3-1966 of the Town of Mamaroneck details what types of places or areas within the Town amount to conservation areas. The several parts of § 77 explain what special regulations apply to such areas; § 77-17 sets out the penalty for noncompliance with the rules governing Conservation Areas in Mamaroneck...
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Village of Tarrytown Historic Districts & Landmarks Ordinance
Date Added: Thursday, January 19, 2017Landmarks & Historical Districts
State: Not Applicable
The Historic Districts and Landmarks Ordinance was created to protect and promote the use of historic districts and landmark sites which will stabilize and improve property values while also attracting tourists and visitors...
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City of White Plains Environmentally Sensitive Sites & Features Ordinance
Date Added: Sunday, April 16, 2017Natural Resource Protection & Conservation
State: Not Applicable
To protect environmentally sensitive features, including watercourses, wetlands, and flora and fauna habitat, this ordinance regulates any area in the proximity of these environmentally sensitive ordinances. Requirements are based on proximity to environmentally sensitive areas. ..
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Land Use Law Center’s Model Critical Environmental Area Overlay District
Date Added: Sunday, May 7, 2017Overlay District, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
State: Not Applicable
The following is a model law that can be used by municipalities to protect wildlife habitat and other critical environmental areas. ..
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County of Douglas Single-Family Residential Drainage, Erosion, and Sediment Control Requirements
Date Added: Wednesday, February 24, 2016Erosion & Sedimentation Control
State: Not Applicable
This ordinance establishes minimum sediment and erosion control requirements in Douglas County to protect the “life, property and the environment.” It was awarded the International Erosion Control Association (IECA)'s Environmental Achievement Grand Award in 2004. It applies to all single-family and includes slope requirements for final pervious and non-pervious grades on the lot, and the installation of Best Management Practices before the Certificate of Occupancy can be issued...
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New York City's Racial Equity Reports Int. No. 1572-B
Date Added: Thursday, August 12, 2021Healthy Communities, Equity
State: Not Applicable
This legislation calls for the development of an equitable development data tool that will contain citywide, boroughwide, community district, and neighborhood-level data in New York City. The tool will be available online for public use and will contain data on demographic conditions, economic security, neighborhood quality of life and access to opportunity, housing security/affordability/quality and housing production. The data tool will also include a Displacement Risk Index. Data is disaggregated by race and ethnicity. The tool must be avail..
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Phoenix's Transit Oriented Development Strategic Policy Framework
Date Added: Thursday, August 12, 2021Transportation & Land Use Planning, Healthy Communities, Complete Streets, Equity
State: Not Applicable
This document describes the opportunity for transit-oriented development (TOD) for Phoenix. Specifically, it calls for a by-right zoning codes to create shorter and more predictable construction timelines. Form-based standards are promoted. Specifically, the document suggests increasing the permitted height of buildings within a quarter-mile radius of light rail stations and creating a minimum of 30 percent of housing units dedicated to long-term affordability in TOD zones. The update to this document also
includes a portion on equity...
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Technical Guidance Manual for Sustainable Neighborhoods
Date Added: Tuesday, May 9, 2017Comprehensive Planning, Development Standards, Local Environmental Law, Subdivision Regulations, Transit Oriented Development (TOD), Zoning, Street & Sidewalk Development, Parking
State: Not Applicable
The sections of this manual are designed to parallel a typical municipality’s land development plans, regulations, and related policies. It begins by presenting strategies to integrate LEED-ND criteria into local planning policies as expressed in comprehensive plans and special area plans. It then presents strategies for incorporating LEED-ND criteria into traditional zoning code sections, site plan and subdivision regulations, and other land use development standards, including building and related codes. Finally, it introduces strategies for ..
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Town of Chili Agricultural Conservation District Ordinance
Date Added: Monday, May 1, 2017Accessory Uses , Open Space Preservation, Agriculture, Farmland Protection & Preservation
State: Not Applicable
This law was created by the Town Board of Chili, NY, in an effort to protect agricultural lands within the town by creating the Agricultural Conservation District. The law describes: the accessory and conditional uses that are allowed, the dimension requirements for the district, incentive zoning requirements and other miscellaneous requirements needed to set up the district. ..
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Town of Dunn Rural Preservation Program
Date Added: Wednesday, March 15, 2017Local Boards, Local Governance
State: Not Applicable
This ordinance creates the Town of Dunn Land Trust Commission. This commission was established to preserve the rural character of the town, determine the interests of the land owners, recommend land acquisition, recommend changes to the Open Space program, and conduct public hearing. The ordinance specifies the board makeup as well as the procedures they must follow...
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Town of Hilton Head Island Real Estate Transfer Fee Ordinance
Date Added: Thursday, April 6, 2017Real Estate Transfer Fee
State: Not Applicable
Hilton Head’s Real Estate Transfer Fee is the only one of its kind in the state of South Carolina because it was enacted three years prior to the General Assembly’s adoption of S.C. Code Ann. § 6-1-70 , which forbade real estate real estate transfer fees and taxes. However, § 6-1-70 grandfathered all such fees that were in existence prior to January 1, 1991. The year prior to the General Assembly’s adoption of § 6-1-70, the Supreme Court of South Carolina upheld the ordinance as “necessary and proper for the general welfare of the citizens o..
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City of Hoboken Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Within its Zoning Chapter, the City of Hoboken in New Jersey has integrated a section specifically for solar installation. The section lists regulations for roof installation, non-habitable building installation, ground-mounted installation, and signage requirements. In order to install a solar energy system on a parcel, however, an applicant must first obtain a certificate of zoning compliance and a building permit from the Zoning Officer and the Construction Official, respectively. The City of Hoboken has also reserved the right to require th..
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Town of Blooming Grove Landscaping & Environmental Requirements; Performance Standards Ordinance
Date Added: Wednesday, April 5, 2017Erosion & Sedimentation Control, Landscaping, Local Environmental Law, Zoning
State: Not Applicable
The Landscaping and Environmental Requirements; Performance Standards ordinance requires conformance with standards for noise; vibration; smoke, dust, and other atmospheric pollutants; odors; toxic or noxious matter; radiation and electromagnetic interference; fire, explosive and heat; liquid and solid wastes; traffic and lighting. The planning board may vary or waive minimum landscape requirements and erosion and sedimentation control due to special characteristics of the project or site...
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Town of Blooming Grove Tree Harvesting Ordinance
Date Added: Wednesday, April 5, 2017Enforcement, Landscaping, Quality of Life, Timber Harvesting, Natural Resource Protection & Conservation
State: Not Applicable
Chapter 219 of the Town Code for the Town of Blooming Grove is intended to regulate timber harvesting, require land reclamation and utilize professional management expertise in timber harvesting. The general purpose of the article is to promote the welfare of the residents of the by protecting the natural environment and public safety as may be affected by timber harvesting. The article sets permit requirements as well as standards, enforcement authorizations and penalties...
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Village of Croton-on-Hudson Multiple Development Use District
Date Added: Wednesday, May 3, 2017Comprehensive Planning, Development Standards, Historic Preservation, Mixed/Multiple Use, Open Space Preservation, Scenic Resources, Site Design Standards, Site Plan Approval
State: Not Applicable
This law creates guidelines for creating a multiple/mixed use district in the Village of Croton-on-Hudson. The law includes information such as: eligibility requirements, general conditions, permitted uses, site development standards, procedures for MDU designation and approval of site development plans, lapse of approval of site development plan, performance guaranty, phasing of development, amendment of site development plan, and revocation of MDU designation. ..
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State of North Carolina Historic District Preservation Ordinances
Date Added: Sunday, May 7, 2017Historic District Preservation, State Land Use Law
State: Not Applicable
Under the enabling statutes found within Chapter 160A, Article 19, at Part 3C, both cities and counties (“municipalities”) have the authority to establish historic districts and designate landmarks as part of a zoning or other ordinance. § 160A-400.2, § 160A-400.4. “Such ordinances may treat historic districts as either a separate use district classification or as districts which overlay other zoning districts.” § 160A-400.4. Before a municipality can establish a historic district, it must appoint a historic preservation commission. § 160A-400...
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State of Nevada Training Requirements Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
State: Not Applicable
This law requires land use training for town advisory boards in Nevada...
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Town of Batavia Animal Waste Storage Facilities Ordinance
Date Added: Thursday, April 13, 2017Sewage Management
State: Not Applicable
This law directs persons wanting to install and/or modify any animal waste storage facility where to submit their proposal. ..
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Town of Gardiner Zoning Definitions & Word Use Ordinance
Date Added: Friday, May 5, 2017Zoning
State: Not Applicable
This law provides the definition of terms used in Gardiner’s zoning laws. Some of the definitions listed include: wetland, dwelling, central sewage system, commercial excavation, development, impervious surface, junkyard, kennel, farm operation, floor area, lot, mobile home, principle use or structure, substantial improvement, and watercourse...
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City of St. Louis Division of Forestry Ordinance
Date Added: Friday, April 14, 2017Local Environmental Law, Timber Harvesting
State: Not Applicable
The St Louis Revised Code delineates requirements for a Division of Forestry and the roles and responsibilities that accompany such a Division. The Commissioner of Forestry’s position is established here, as are his duties (which are to tend and monitor all publicly owned trees)...
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City of Amsterdam Development near Streams, Rivers & Wetlands Ordinance
Date Added: Thursday, March 23, 2017Site Plan Approval, Zoning, Wetlands & Watercourse Protection
State: Not Applicable
Law requiring that any development near streams, rivers, and wetlands receive a special use permit and approval from the zoning board. ..
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State of Illinois Watercourse Protection – County Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Wetlands & Watercourse Protection
State: Not Applicable
Corporate county authorities are granted broad authority to protect and maintain watercourses, pursuant to 55 ILL. COMP. STAT. 5/5-15008 (2004). County authorities may regulate streamflow and dams along any watercourse located within county boundaries. However, county authorities may not “abridge or in any manner curtail any vested water power rights or other rights.”..
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County of Calcasieu Parish Coastal Zone Management Regulations
Date Added: Wednesday, February 10, 2016Coastal Protection
State: Not Applicable
Officially adopted in 1986, this ordinance allows the parish to take over more control and monitoring of the natural resources of the gulf coast. Although the ordinance is based on a state program, the program is optional and the ordinance gives the parish flexibility in the specifics. According to Pam Sturrock of the Calcasieu Parish Office of Planning and Development, the ordinance has been effective and relatively simple to enforce (Personal communication, April 9, 2003). ..
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Town of Conway Mountain Conservation District Ordinance
Date Added: Monday, May 1, 2017Ridgeline Protection, Tree Preservation & Protection, Wildlife & Fish Habitat
State: Not Applicable
This is a very brief law that regulates use in the conservation district to primarily recreation and resource extraction...
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Energize CT Solar PV Model Zoning Ordinance
Date Added: Wednesday, June 20, 2018Solar Energy, Zoning
State: Not Applicable
Energize CT developed a model solar PV zoning ordinance to aid municipalities in developing their own solar PV zoning ordinance. The model provides example height restrictions for various types of solar collector units. It states that ground-mounted solar PV systems are permitted as an accessory use in all zoning districts upon issuance of the proper permit and that they must not exceed thirty-five inches in height. Roof-mounted solar PV systems (permitted as an accessory use in all zoning districts upon issuance of the proper permit) shall be ..
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State of North Carolina Regulation of Mountain Ridge Construction by Counties & Cities Ordinance
Date Added: Sunday, May 7, 2017Ridgeline Protection, State Land Use Law
State: Not Applicable
Summary inserted Under the Mountain Ridge Protection Act, found within Chapter 113 at Article 14, cities and counties may regulate or ban the construction of buildings and other structures taller than 40 feet on “protected mountain ridges.”§ 113A-208. Section 113A-206 defines “protected mountain ridges” as those at least 3,000 feet above sea level and 500 feet above the adjacent valley floor, and a “ridge” as that portion of a mountain within 100 feet of its crest. Under § 113A-208(d), local governments may also protect lower mountain ridges, a..
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City of Ann Arbor Required Open Space Ordinance
Date Added: Thursday, April 6, 2017Open Space Preservation, Wetlands & Watercourse Protection
State: Not Applicable
The goal of this ordinance, in conjunction with Ann Arbor’s Natural Feature Open Space Ordinance, is to require wetland setbacks, which are not permitted under the state wetlands law...
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Town of Babylon Structures Over Water Ordinance
Date Added: Thursday, March 23, 2017Coastal Protection, Site Plan Approval, Zoning, Natural Resource Protection & Conservation
State: Not Applicable
Chapter 213, Article XXXII, allows building permits to be given for structures erected over water (which are usually banned under the zoning laws) if two criteria are met. Those criteria are: that the town board must find that (1) No discharges of pollutants or other activities of any kind deleterious to surrounding wetland and surface water shall be permitted to occur on the site, and (2) there shall be provision made for the safe collection and disposal of waste. ..
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State of North Carolina Low & Moderate Income Housing Programs
Date Added: Sunday, May 7, 2017Affordable Housing , State Land Use Law, Zoning
State: Not Applicable
This ordinance allows counties to exercise enumerated powers in creating affordable housing...
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City of Sanibel Natural Resources Ordinance
Date Added: Sunday, April 16, 2017Wildlife & Fish Habitat, Natural Resource Protection & Conservation
State: Not Applicable
Sanibel officials and local conservationists are concerned about the introduction of invasive exotic vegetation to the island’s fragile ecosystem. Exotic species out-compete native vegetation, creating undesirable monocultures and altering the ecological character of the island. In order to curb the introduction of exotic species, this ordinance prohibits planting specific plant species known to be invasive...
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City of Saratoga Springs New York Zoning Ordinance
Date Added: Wednesday, May 31, 2017Stormwater Management, Zoning
State: Not Applicable
The purpose of the City of Saratoga Springs Zoning Ordinance is to encourage physical development while promoting public health, safety, and welfare. The ordinance is intended to classify, designate, and regulate the location and use of buildings, structures, and land for agricultural, residential, commercial, industrial, or other uses, and to divide the City into districts best suited to carry out the regulations set forth in the General City Law and provide for their enforcement. The regulations and district boundaries identified in the Zonin..
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Babylon, NY Flood Damage Protection
Date Added: Thursday, April 12, 2018Healthy Communities, Disaster Mitigation
State: Not Applicable
The purpose of the Flood Damage Protection legislation is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions.
The City of Babylon created a floodplain development permit which requires all construction in areas designed by the city as “special flood hazards.” Applications for these permits require certificates from a licensed professional engineer or architect showing that they meet the floodproofing requirements established in the legislation. The local administrator..
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Penn Future's Solar Installation Guidebook
Date Added: Tuesday, June 19, 2018Solar Energy, Zoning
State: Not Applicable
Penn Future’s Western PA Solar Installation Guidebook provides information on how to handle zoning and permitting solar energy in one’s municipality. Section B contains a model zoning ordinance. The ordinance defines a “building-mounted system” as one “attached to any part or type of roof on a building or structure that has an occupancy permit . . . and that is either the principal structure or an accessory structure . . . .” The ordinance defines a “ground-mounted system” as one “mounted on a structure, pole or series of poles constructed spec..
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Town of Goshen Training Requirements for Appointed Board Members Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
State: Not Applicable
This law requires land use training for members of the Planning Board, the Zoning Board of Appeals and the Environmental Review Board in the Town of Goshen. The reason for the requirements is that the Town finds that ongoing continuing education is critical to the proper function of the Boards and is necessary to bring about reasoned action on submitted applications. Board members that do not comply with these zoning requirements can be removed by the Town board, after hearing, from their position. ..
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Town of Old Saybrook Participation in the Connecticut River Estuary Planning Agency
Date Added: Monday, September 19, 2016Intermunicipal Agreements
State: Not Applicable
This ordinance joins the town to the Connecticut River Estuary regional planning organization, which under the CT River Gate Way Commission sets minimum environmental standards to reduce the impacts of development within the Connecticut River Estuary for nine member towns...
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City of Boynton Beach Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Boynton Beach, Florida has incorporated Solar Photovoltaic (PV) Arrays regulations within its Zoning Code in a separate subsection. In that subsection, Boynton Beach lists height, location, and rooftop requirements. The PV Arrays sub-section also describes regulations for wall mounted or flush to a building or structure solar energy systems. These regulations include a required yard setback by more than three feet, a minimum dimension of nine feet, and a wall mounted PV array design that is compatible with the structure and surface to which it ..
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City of Happy Valley Development Agreements Ordinance
Date Added: Friday, May 5, 2017Development Standards, Erosion & Sedimentation Control, Steep Slope Protection
State: Not Applicable
Law authorizing the City to delay surface work (except for surveying and staking) on land if the City finds that severe erosion will present a danger. ..
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State of Massachusetts Constitutional Rights & Objectives – Natural Resource Protection
Date Added: Saturday, May 6, 2017Wildlife & Fish Habitat, Natural Resource Protection & Conservation
State: Not Applicable
This article declares the broad purpose and intent of the State to protect the state’s environment, including protection of wildlife, natural resources relating to air, land water, and recreational land uses. ..
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Town of Marana Erosion and Sedimentation Control Ordinance
Date Added: Wednesday, December 2, 2015Erosion & Sedimentation Control, Floodplain Regulations
State: Not Applicable
This code is designed to meet or exceed state and federal floodplain management requirements, control development in erosion or flood hazard areas, and enhance groundwater recharge, and applies to all development within the town. All development within floodplain or erosion hazard areas require a permit, unless maintenance actions do not obstruct flow of floodwater and do not exceed a $1500 cost of improvement. There are floodway fringe requirements that restrict fill and alignment of structures to direction of flood flow. Erosion and sedimenta..
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Town of Barnstable Wetlands Buffer Zone Regulation; Conservation Commission Regulatory Summary
Date Added: Friday, April 14, 2017Buffer Zones, Coastal Protection, Development Standards, Sea Level Rise Adaptation
State: Not Applicable
The Town of Barnstable’s Wetlands Buffer Zone Regulation Summary acknowledges that accelerated sea level rise will result in increased coastal erosion processes and impact land erosion, storm drainage, flooding and wetland loss. To address these impacts, the Town of Barnstable requires fifty-foot buffer zones for any land subject to flooding, inundation by groundwater, surface water, tidal action, or coastal storm flowage.
In the Conservation Commission’s Regulation Summary, revised in 2006, the Commission established additional performanc..
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City of Fayetteville Imposition of Development Impact Fees Ordinance
Date Added: Saturday, August 27, 2016Impact Fees
State: Not Applicable
Fayetteville has an impact fee statute which requires a developer to pay for engaging in development. This payment of this fee is designed to rebuild infrastructure or otherwise protect the environment in proportion to the developments impact on the community in relation to the impact the activity has on the environment. The ordinance has multiple exceptions for development which does not increase the housing units on a parcel...
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Town of Granby Agricultural Commission Ordinance
Date Added: Wednesday, February 24, 2016Agriculture
State: Not Applicable
The Town of Granby established an agricultural commission to support, promote, and encourage agriculture and agricultural pursuits. The commission’s responsibilities include looking for opportunities for young farmers and new farmers, supporting them and vocational agricultural education programs, and assisting in the resolution of any conflicts between agricultural interests and town governments...
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Town of Mendon Ridgeline Protection Ordinance
Date Added: Tuesday, May 9, 2017Ridgeline Protection, Scenic Resources, Natural Resource Protection & Conservation
State: Not Applicable
This is a very brief law that regulates developments to only ski area uses and requires aesthetic compatibility...
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Town of Grand Island, New York Code § 407-165.1(D)- Solar collectors and installations for minor systems
Date Added: Thursday, June 7, 2018Solar Energy, Zoning
State: Not Applicable
The Town of Grand Island, New York allows roof-mounted systems if the distance between the roof and the highest edge of the system is in accordance with the New York State Uniform Fire Prevention and Building Code, and the building-mounted solar collector shall not obstruct solar access to adjacent properties. Ground-mounted solar energy systems shall not exceed the height restrictions of the zones they are located in when oriented at maximum tilt. ..
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Village of Westfield Zoning Code § 155-57 Solar Systems; Solar Zoning; Solar Access
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
State: Not Applicable
The Village of Westfield’s supplemental zoning regulations regulates the use of active and passive solar energy systems. Westfield’s solar regulation requires special permits to authorize the placement of a solar electric system on an owner’s property. After a system’s owner obtains this permit, adjoining property owners must obtain a special permit prior to placing buildings, towers, vegetation, or other possible obstructions of the permitted system’s solar access. The regulation specifies that placement of potential obstructions “shall be suc..
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City of Tumwater Local Natural Resource Protection Ordinance (Comprehensive)
Date Added: Monday, March 21, 2016Aquifer Protection, Right-to-Farm, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
This comprehensive environmental ordinance, portions of which have been added over the past twenty years, addresses a breadth of environmental concerns. These include protection standards for; trees and vegetation, aquifers, wetlands, fish and wildlife, as well as provisions for the right-to-farm, right-to-mine, and commute trip reduction. This ordinance is particularly unique in that it does not appear to be in response to a state level statute, as are many other local ordinances in Washington State. ..
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City of Kellogg Zoning Regulations § 220-56 – Solar Energy Systems; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
State: Not Applicable
Under the City of Kellogg, Minnesota’s zoning code, solar energy systems (SES) and solar and earthsheltered structures are permitted uses, provided certain requirements are met, that may be exempt from certain restrictions by variance. The provisions also forbid vegetation or structures in residential districts if they cast a shadow on an existing SES greater than a determined standard. That standard does not apply to vegetation and structures existing at the time of SES installation. Violation constitutes a private nuisance that gives rise to..
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Town of North Salem Planning Board Meeting Attendance Ordinance
Date Added: Thursday, January 26, 2017Local Boards, Local Governance
State: Not Applicable
This law creates attendance requirements for persons on the Town Planning Board of North Salem, NY. ..
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Alpharetta Soil Erosion and Sedimentation Control Ordinance
Date Added: Wednesday, January 27, 2016Erosion & Sedimentation Control
State: Not Applicable
The purpose of this ordinance is to decrease erosion and erosion hazards and to minimize flood damage by requiring permits for land disturbing activities. Undisturbed vegetative buffers of at least 35 feet along all state waters and of at least 50 feet along primary trout waters must be maintained with no exceptions. Runoff which results in a defined turbidity increase in receiving waters is considered a violation...
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Delaware Valley Regional Planning Commission Renewable Energy Ordinance Framework Solar PV
Date Added: Monday, July 11, 2016Solar Energy, Zoning
State: Not Applicable
The Delaware Valley Regional Planning Commission’s Alternative Energy Ordinance Working Group developed the DVRPC Renewable Energy Ordinance Frameworks to help municipalities adopt regulations for small-scale renewable energy systems. The ordinance frameworks “provide a menu of sample ordinance language options, both permissive and restrictive, to allow municipalities to build a customized ordinance that addresses their local issues.” The frameworks offer a range of development standards for municipalities to choose from, including requirements..
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City of Bainbridge Island Accessory Dwelling Units Ordinance
Date Added: Thursday, March 23, 2017Accessory Uses , Affordable Housing , Zoning
State: Not Applicable
Chapter 18.89 of Bainbridge Island Municipal Code describes zoning provisions for accessory dwelling units. The law includes provisions for entrances, setback distance from the main residence, and school fees, among other provisions...
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Town of Brookhaven Agricultural Advisory Board Ordinance
Date Added: Wednesday, February 3, 2016Local Boards, Agriculture, Farmland Protection & Preservation
State: Not Applicable
Brookhaven’s Agricultural Advisory Board ordinance allows for the creation of an 11-member advisory board. The board, comprised of local residents from the agricultural community and community-based organizations interested in land preservation and agriculture, makes recommendations to the town board about the implementation of an Agricultural Use Agreement Program and the use of agricultural easements as land use planning and preservation tools. ..
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State of Illinois Affordable Housing Zoning Ordinance
Date Added: Friday, May 5, 2017Affordable Housing , Local Boards, State Land Use Law
State: Not Applicable
Corporate municipal authorities are granted broad powers to provide for the development of affordable housing, pursuant to 65 ILL. COMP. STAT. 5/11-11.1-1 (2004. Municipal authorities may prescribe by ordinance fair and unfair housing practices, establish “Fair Housing Commissions” or “Human Relations Commissions,” prohibit discrimination based on “race, color, religion, sex, creed, ancestry, national origin, or physical or mental handicap” in transactions associated with residential occupancy, and establish penalties to enforce such ordinances..
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City of College Place Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Within its Code of Ordinances, College Place, Washington has not integrated a separate section on Solar Access, but has defined it to mean “direct sunlight for the purpose of successfully operating a solar energy system.” The Zoning Ordinance outlines certain requirements for a planned unit development and allows for the maximum number of dwelling units permitted to be increased by 15 percent and an additional five percent for developments which incorporate street and lot orientation to maximize solar access; tree plantings selected to avoid wi..
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County of Kane Stormwater Ordinance
Date Added: Wednesday, April 13, 2016Floodplain Regulations, Stormwater Management
State: Not Applicable
Kane County implements a number of interesting floodplain regulations including regulating depressional storage, which is often beyond the regulatory floodplain. Furthermore, the County requires compensatory storage for activities within the floodplain and the BFE requirements are for 2 and 3 feet in most areas. The ordinance can be found at: www.co.kane.il.us/..
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Kane County Stormwater Ordinance
Date Added: Wednesday, October 21, 2015Floodplain Regulations, Stormwater Management
State: Not Applicable
Kane County implements a number of interesting floodplain regulations including regulating depressional storage, which is often beyond the regulatory floodplain. Furthermore, the County requires compensatory storage for activities within the floodplain and the BFE requirements are for 2 and 3 feet in most areas. The ordinance can be found at: www.co.kane.il.us/..
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County of DeKalb Mountain Conservation District Ordinance
Date Added: Tuesday, April 18, 2017Overlay District
State: Not Applicable
This ordinance establishes a protection overlay district for Arabia Mountain. The overlay district allows for reasonable development, while preserving the natural resources and scenic views of the mountain. ..
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State of North Carolina Watercourse Protection Ordinance
Date Added: Sunday, May 7, 2017Buffer Zones, State Land Use Law, Wetlands & Watercourse Protection
State: Not Applicable
Watercourse protection in North Carolina falls primarily to the North Carolina Department of Environment and Natural Resources (DENR), although local governments may apply for a limited role. DENR is responsible for promulgating rules for riparian buffer protection to safeguard watercourses. Under § 143-214.23, a local government may request that DENR delegate responsibility for implementing any riparian buffer protection programs the Department may implement.
Additionally, DENR administers the Natural and Scenic Rivers Act of 1971, located ..
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City of White Plains Zoning Code § 4.4.21.2-4; Solar Access; Solar Energy Systems; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
State: Not Applicable
The City of White Plains’ zoning ordinance includes solar access provisions that require all approving agencies to consider access to sunlight for present and potential solar electric systems, both on- and off-site, as well as structure siting, orientation and landscaping when reviewing any application. Further, the provisions prohibit new construction on any lot that would block access to sunlight between the hours of 9:00 AM and 3:00 PM for approved solar electric systems except by permission from the board of appeals if the applicant shows t..
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Town of Batavia Sewer Use Ordinance
Date Added: Friday, April 14, 2017Sewage Management
State: Not Applicable
This law regulates the use of public and private sewers and drains, the installation and connection of building sewers, the discharge of waters and wastes into the public sewer system, the quantity and quality of discharged wastes, the degree of pretreatment required, the control of industrial wastewater discharge and of other miscellaneous permits and provide penalties for violations thereof in the Town of Batavia, Genesee County, New York. These regulations prohibit the disposal into the public sewer system of any pollutant or waste by any pe..
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Town of Bolton Open Space Preservation, Acquisition, and Conservation Ordinance
Date Added: Wednesday, October 21, 2015Open Space Preservation, Agriculture
State: Not Applicable
The open space preservation conservation development regulations call for the location of any development to occur on the least fertile agricultural soils...
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City of Eugene Ordinance Concerning Erosion Prevention and Construction Site Management Practices
Date Added: Wednesday, February 24, 2016Erosion & Sedimentation Control
State: Not Applicable
In 1994 Eugene became the first city of its size in the nation to be issued a municipal NPDES stormwater permit. To protect local waterways from construction-related activities, the City implemented the Erosion Prevention and Construction Site Management program in 1997. This program relies upon an "outcome-based" approach allowing contractors to choose the erosion prevention and construction site management practices best suited for a site. Eugene must approve erosion permits before any other construction permits are issued. Applicants must..
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Town of Malta Historic Preservation Ordinance
Date Added: Saturday, May 6, 2017Historic Preservation, Landmarks & Historical Districts
State: Not Applicable
Article XV, Chapter 167 of the Town Code for the Town of Malta regulates the use of historic areas of the town. The Chapter declares the protection and enhancement of landmarks and historic districts as a necessary matter of public policy for the promotion of economic, cultural and general welfare of the Town...
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City of Minneapolis Pedestrian Oriented Overlay District Ordinance
Date Added: Sunday, May 7, 2017Overlay District, Pedestrian Oriented Design (POD), Transit Oriented Development (TOD)
State: Not Applicable
The City Code of Minneapolis, Minnesota provides for pedestrian oriented overlay districts (“PO”) for smaller sized areas throughout the city in the vicinity of public transit service stations (bus, train, or both) that consist of regulations aimed to promote pedestrian activity and street life in addition to the underlying zone’s original regulations. The city recently constructed Metro Transit Hiawatha Light Rail Line that makes 17 stops between the popular Mall of America and downtown Minneapolis, with dozen of bus routes timed to connect w..
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Town of North Castle Conservation Subdivisions Ordinance
Date Added: Wednesday, March 2, 2016Conservation Districts & Subdivisions
State: Not Applicable
Simultaneously with the approval of a subdivision plat and pursuant to § 281 of the Town Law, at the written request of the applicant, the Planning Board is authorized to modify the zoning regulations in residential districts with respect to lot area and dimensions, provided that the enumerated criteria are met. ..
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Yolo County, California Code § 8-2.1104, .1105
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
State: Not Applicable
Yolo County’s solar energy regulations allow approval of small solar energy systems for onsite uses through the issuance of a building permit and a zoning clearance, provided the application meets setback and other standards set forth in the solar energy regulation. . If the County’s chief building official believes a small solar energy system could have a specific, adverse impact upon the public health and safety, the official may require the applicant to apply for a use permit. Medium-sized solar energy systems for onsite and/or offsite uses ..
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Township of Harrison Steep Slope Regulations
Date Added: Tuesday, May 9, 2017Ridgeline Protection, Steep Slope Protection
State: Not Applicable
This law provides regulations for preventing erosion from developments built on slopes greater than twenty percent...
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Town of Normal Environmentally Sensitive Design Ordinance
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
The town of Normal rests in the heart of central Illinois, with a population of roughly 50,000 residents. Over the past several years, the town has been making efforts to revitalize its downtown area through new construction projects, remodeling of older buildings, and more modern infrastructure. Recognizing the importance of sustainable development, the Town Council formed the “Green Team” in 2006, to advance Normal’s environmental stewardship initiative. Additionally, the Council passed an ordinance to promote “Environmentally Sensitive De..
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City of Philadelphia Property Maintenance Code
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
State: Not Applicable
The Philadelphia, Pennsylvania Legislature enacted an ordinance called the Property Maintenance Code. The ordinance requires that all vacant premises be kept in a sanitary, safe, and secure manner. All entranceways, such as windows and doors, must be maintained in good repair and secured, not boarded. Failure to keep building entranceways secure will result in an unsafe building designation.
Upon an unsafe designation by the Building Department, notice shall be served upon the registered owner ordering compliance with the ordinance. Owner..
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Zoning Prohibiting Fast-Food Establishments
Date Added: Monday, June 4, 2018Healthy Communities, Low Nutrition Uses
State: Not Applicable
This zoning code removes fast-food establishments from the community and improves the public health through reducing consumption of unhealthy foods. Section 4.7.1 of Concord’s zoning code expressly states: “Drive-in or fast food restaurants are expressly prohibited. A drive-in or fast food restaurant is defined as any establishment whose principal business is the sale of foods or beverages in a ready-to-consume state, for consumption within the building or off-premises, and whose principal method of operation includes: (1) sale of foods and bev..
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Town of New Pattonsburg Declaration of Community Responsibilities, Covenants, and Restrictions
Date Added: Wednesday, March 2, 2016Energy Efficiency & Conservation
State: Not Applicable
NOTE: This ordinance was not adopted by the Town of New Pattonsburg
This ordinance would have done many things including lay out specific energy conservation requirements, however it was not adopted, and so has not yet been tested in practice.
..
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South Tacoma Groundwater Protection District
Date Added: Wednesday, October 14, 2015Aquifer Protection
State: Not Applicable
Tacoma established the South Tacoma Groundwater Protection District in order “to prevent the degradation of groundwater in the South Tacoma aquifer system by controlling the use and handling of hazardous substances.” Permits are required for all activities that use hazardous substances and applicants must have “demonstrated that said facility complies with all provisions of this chapter and the standards set forth in the General Guidance and Performance Standards.”..
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City of Asheville Zoning Regulations; Chapter 7 – Development, Section 29.1309- Solar Energy Systems
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
State: Not Applicable
In its lengthy Zoning Ordinance, the City of Asheville has dedicated only a small subsection to the implementation of solar energy systems within its zoning districts. In Sec. 7-14-1(b)(a), the City’s only real general requirement is that “private, non-commercial solar energy systems shall comply with the minimum setback requirements.” The subsection goes on to describe the requirements for a variance the Board of Adjustment may grant to decrease the required setbacks or allow the installation to be located in the front yard. The subsection, ho..
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City of Berkeley Planning and Development Procedures - Alternative Dispute Resolution Provision
Date Added: Wednesday, February 3, 2016Alternative Dispute Resolution
State: Not Applicable
During the Zoning Board application process, the Board may direct the parties to mediate a dispute over the proposed land use. The Board or Zoning Officer will direct the mediator as to which issues are to be addressed, and the mediator will submit a report to the Board or Zoning Officer within 45 days of the mediation. This mediation is voluntary and non-binding. ..
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Town of Bolton Heritage Farm Ordinance
Date Added: Wednesday, October 14, 2015Agriculture
State: Not Applicable
The Town of Bolton established a Bolton Heritage Fund to be used for the preservation, restoration, development, and maintenance of the Bolton Heritage Farm. ..
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Town of Brookhaven Land Division Ordinance
Date Added: Friday, April 28, 2017Subdivision Approvals, Zoning
State: Not Applicable
This law sets forth the application requirements for persons seeking to divide their land into multiple plots. ..
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State of Illinois Urban Renewal – Municipal Ordinance
Date Added: Friday, May 5, 2017Local Boards, State Land Use Law, Urban Renewal
State: Not Applicable
Under 65 ILL. COMP. STAT. 5/11-11-1 (2004), corporate municipal authorities are granted broad powers to redevelop and revitalize “any blighted or slum area or any conservation area” that is a “detriment to public safety, health or morals.” Municipal authorities in communities with more than 500,000 residents may appoint a “Conservation Board” or “Department of Urban Renewal” to investigate and report on the revitalization needs in a designated “conservation area.” Those entities may also draft a “conservation plan” that addresses, inter alia, ..
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State of North Carolina Scenic Resource Protection Ordinance
Date Added: Sunday, May 7, 2017Scenic Resources, State Land Use Law, Natural Resource Protection & Conservation
State: Not Applicable
At § 160A-402, the North Carolina General Assembly declares that “the rapid growth and spread of urban development in the state” is threatening many open spaces and areas that have significant “scenic or esthetic values,” and that cities and counties should have the authority to spend public funds to acquire property interests in such open spaces and areas to protect them. Open spaces and open areas are defined at § 160A-407(a) as “any space or area (i) characterized by great natural scenic beauty or (ii) whose existing openness, natural condit..
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Housing Choices (House Bill 2001)
Date Added: Thursday, August 12, 2021Affordable Housing , Zoning, Density
State: Not Applicable
This Bill was enacted in 2019 to create more affordable and diverse housing. In Oregon, more than 25% of households are single person, and housing options must grow to reflect that. HB 2001 requires all residential districts in medium-sized cities to allow for duplex housing and requires all large cities to allow for duplexes, triplexes, quadplexes, cottage clusters, and townhouses to meet the housing needs of Oregon’s diverse population. Oregon sets minimum standards for each housing type in order to ensure that these needs are being met. The ..
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Township of London Grove Zoning Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
State: Not Applicable
London Grove’s extensive Zoning Code incorporates a separate and informative section on solar energy systems, § 27-1839. According to § 27-1839, solar energy systems are permitted in all zoning districts as an accessory use, except that in two districts, “a special exception is required for the installation of any ground mounted solar energy system on any property less than 8,000 square feet.” The section goes on to list a number of development and design standards that are to be applied to the construction and installation of any solar energy ..
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Borough of Kenhorst Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Within its Zoning Chapter, the Borough of Kenhorst has incorporated a section specifically on Solar Energy Systems, § 540. According to § 540, “the use of solar energy systems, including solar collectors, storage facilities, distribution components, heating and cooling facilities, is a permitted use in all zoning districts.” The Township requires that all developments and structures be oriented in a way to maximize the use of passive and active solar energy. The section lists a few regulations for solar energy systems including required yard se..
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Town of Brighton Stormwater Management Ordinance
Date Added: Tuesday, April 18, 2017Stormwater Management, Watershed Protection
State: Not Applicable
This ordinance is intended to allow for the redesign of the drainage system in order to protect the residents from the dangers of stormwater runoff. There are requirements for where the drain patterns may lie and a hydraulic design will be used for the watershed. There are also provisions on how to improve the previous damages from stormwater runoff. ..
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County of Kent Comprehensive Plan Update
Date Added: Wednesday, February 24, 2016Comprehensive Planning, Natural Resource Protection & Conservation
State: Not Applicable
Chapter 7 of Kent County’s Comprehensive Plan discusses various areas of importance and recommends general guidelines for protection of these areas. Included is discussions of the importance of the preservation of wetlands, beaches and shorelines, coastal areas, and stormwater managements, as well as information regarding more specific areas such as the Silver Lake Watershed. ..
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City of Minneapolis Demolition of Vacant Properties Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
State: Not Applicable
Minnesota state statues allow cities to enact ordinances to handle the problems associated with hazardous and vacant buildings. In turn, the Minneapolis legislature enacted a statute authorizing the city to rehabilitate or demolish buildings to enhance livability, preserve the tax base, and abate public nuisances created by these buildings.
The ordinance allows the director of inspections to secure vacant and hazardous buildings and serve notice on the property owner. If the owner fails to reply within six days, the director may authoriz..
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City of Ann Arbor Natural Feature Open Space Ordinance
Date Added: Thursday, March 16, 2017Wetlands & Watercourse Protection
State: Not Applicable
The goal of this ordinance, in conjunction with Ann Arbor’s Required Open Space Ordinance is to require wetland setbacks, which are not designated under the state wetlands law...
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City of Aspen Real Estate Transfer Tax Ordinance
Date Added: Wednesday, April 12, 2017Real Estate Transaction Fee
State: Not Applicable
The city of Aspen imposed a real estate transfer tax and designated the funds to be used to purchase land and buildings to create affordable housing and preserve open space. The law also empowers the City Council to borrow money or issue bonds in order to do the same, provided that the funds from the real estate transfer tax are to be used to repay these debts...
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Town of Cortlandt Aquifer Protection District
Date Added: Monday, May 1, 2017Aquifer Protection, Recreational Uses, Subdivision Approvals
State: Not Applicable
Chapter 307 regulates the use of open space in Cortlandt. Among other things, the Town requires developers to set aside recreational land within a subdivision and leaves financial findings to the Town Board. ..
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Town of Eden Agriculture Advisory Committee
Date Added: Thursday, May 4, 2017Local Boards, Agriculture, Farmland Protection & Preservation
State: Not Applicable
Chapter 5 of the Town Code for the Town of Eden creates the Agricultural Advisory Committee for the Town and describes its powers and duties. ..
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Town of Gardiner Development in Floodplains Ordinance
Date Added: Friday, May 5, 2017Flood Prevention, Floodplain Regulations, Zoning
State: Not Applicable
The Development in Floodplains ordinance in the Town of Gardiner requires that land uses on floodplains be within the boundaries permitted by the Town of Gardiner Flood Insurance Study, with some exceptions. Development in floodplain areas is heavily regulated and variances are granted via permits. Variance permits are granted based on factors such as: alternative means to development, good sufficient cause, safety, and encroachments against property...
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City of Lincoln Community Forestry Advisory Board
Date Added: Thursday, January 26, 2017Local Boards, Local Environmental Law, Local Governance
State: Not Applicable
This ordinance formally establishes a community advisory board within the city of Lincoln, appointed to develop "a comprehensive community forestry management plan" and to make recommendations to the mayor on "proposals concerning public arboreal resources," ensuring that these issues will be addressed as municipal priorities...
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Town of North Salem Freshwater Wetlands Ordinance
Date Added: Monday, May 8, 2017Erosion & Sedimentation Control, Scenic Resources, Stormwater Management, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
This law states the Town Board’s rationale for protecting wetlands within the Town of North Castle, NY. Some of the stated reasons include: the import role the wetlands have in cleaning the water supply, their function as a habitat for plant, fish and wildlife species, their role in absorbing stormwater, and their importance as a scenic resource. ..
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Township of Caln Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
The Township of Caln in Pennsylvania has integrated two sections in its zoning code on solar energy production facilities, Section 155-98, and solar photovoltaic systems, Section 155-126. In Section 155-98, solar energy production facilities are permitted by conditional use in the Institutional Zoning District and include design standards and specifications such as a minimum net lot area, a maximum height, and the overall facility design. Section 155-126 aims to promote the safe, effective, and efficient use of solar energy systems. The section..
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Town of Gardiner Development in Floodplains Ordinance
Date Added: Friday, May 5, 2017Development Standards, Floodplain Regulations, Historic Preservation
State: Not Applicable
Town of Gardiner NY Development of Floodplains section 220-18, regulates development in the floodplains of Gardiner. Section 220-18(D) establishes conditions in which variances may be issued to include: reconstruction or restoration of structures listed in the National Registry of Historic Places, for good cause, and for showing that substantial hardships will result without the variance. Conditions that will be taken into account when the Zoning Board of Appeals reviews appeals are also included in this section...
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Town of Goshen Establishment of an Agricultural Land Preservation Fund
Date Added: Wednesday, October 14, 2015Agriculture
State: Not Applicable
The town of Goshen established a fund for the purpose of preserving land for agricultural preservation. The fund will be used to purchase agricultural lands and to preserve those lands...
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City of Knoxville Open Space Preservation District
Date Added: Thursday, April 13, 2017Open Space Preservation
State: Not Applicable
An Open Space Preservation District is established in the zoning code to provide areas in which the principal use of the land is devoted to open space and/or the preservation and protection of park and recreation lands, wilderness areas, beach and shoreline areas, scenic routes, wild and scenic rivers, historical and archaeological sites, watersheds and water supply areas, and wildlife and their habitats. Property classified under this district must meet the criteria set forth in the open space plan of the City of Knoxville and such property w..
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Miami, FL Mandatory Inclusionary Zoning
Date Added: Tuesday, August 31, 2021Affordable Housing , Incentive Zoning, Healthy Communities
State: Not Applicable
Passed a mandatory inclusionary zoning ordinance in 2018 that requires affordable units in a certain 30-block district. Because the city ranked lowest in the country for affordable rental units and climate change is forcing residents inland, Miami chose to pass this ordinance. Now, rental developments within the zone must have a minimum 7% affordable or 14% workforce housing. Both of these are designated for households earning 80% less AMI. Developers will be permitted to increase project square footage if they fulfill this requirement. In Miam..
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Village of Briarcliff Manor Tree Ordinance
Date Added: Monday, April 17, 2017Environmental Compliance, Landscaping, Tree Preservation & Protection, Timber Harvesting
State: Not Applicable
The Code of Briarcliff Manor Tree Ordinance sets out a well-defined tree-based protection plan consistent with the unique character of the Village which derives great benefit from the maintenance of the tree population. Tree removal is regulated based on the needs and desires of the community in both the public and private sector and local planning boards are developed as approving authorities in order to ensure compliance with the overall plan. ..
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Standards of the Connecticut Gateway Commission
Date Added: Wednesday, February 10, 2016Timber Harvesting, Conservation Districts & Subdivisions
State: Not Applicable
This ordinance establishes standards for building within a designated “conservation zone.” Activities regulated include design of buildings, height, setback distance, and as well as land coverage...
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City of San Diego Abatement of Vacant Structures Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
State: Not Applicable
The City of San Diego, California, enacted an ordinance requiring that vacant and boarded buildings immediately be rehabilitated because they pose several risks to the community including: facilitating illegal activity, creation of fire hazards, and threatening general public health and safety.
The Director of the Neighborhood Code Compliance Department or any other Director authorized by the City Manager may enforce the ordinance. Violations of the ordinance result in misdemeanors, injunctive relief, or civil damages. Upon the Director’..
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County of Camden Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
In Camden County, North Carolina solar farms are permitted in all zoning districts, however, a special use permit must first be acquired. Within its zoning code, Camden County integrated a sub-section outlining standards for solar farms such as a minimum lot size, minimum setbacks, and a 50-foot buffer from routine view. Solar collectors as an accessory use are also permitted in all zoning districts in Camden County, however, in order to install them, an applicant must either obtain a special use permit (if there are three or more collectors) o..
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Town of Bedford Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Within its Zoning Chapter, the Town of Bedford includes solar panels in its Accessory buildings or structures section, § 125-27. Bedford lists solar energy collectors and studios as an accessory structure permitted in all districts, subject to a list of requirements including floor area minimums and maximums, height maximums, and ground floor area measurements. § 125-27, however, does not specify requirements for solar energy systems individually.
Bedford created the Bedford Energy Task Force to help the Bedford 2020 Coalition accomplish ..
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Guilderland Town Code - Alternative Dispute Resolution Provision
Date Added: Wednesday, February 24, 2016Alternative Dispute Resolution
State: Not Applicable
The mediation of all disputes is authorized, including disputes with the town boards (i.e. the Planning Board). The statute was enacted in the interest of increasing non-adversarial resolution of disputes in the town. The mediation is voluntary, but is encouraged and can be requested by the justice presiding over the matter. ..
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State of North Carolina Agricultural Land Protection Ordinance - Cities
Date Added: Sunday, May 7, 2017Historic Preservation, Open Space Preservation, Agriculture, State Land Use Law, Farmland Protection & Preservation
State: Not Applicable
Under the Conservation and Historic Preservation Agreements Act, found at Article 4 within Chapter 121, cities have the authority to acquire conservation easements and other interests in property for the purpose of retaining the land for, among other uses, agriculture, horticulture, and farming. § 121-35, § 121-37. (See Conservation Easements, above.) Additionally, North Carolina has a statutorily stated goal of preserving one million acres of farm lands, open space, and conservation lands by 2009. §§ 113A-240, 241. However, the provisions of t..
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State of North Carolina Design Control Ordinances
Date Added: Sunday, May 7, 2017Local Boards, State Land Use Law, Architectural Design Control
State: Not Applicable
Part 7 of Article 19 in Chapter 160A details the authority to cities and counties to create community appearance commissions. Section 160A-451 permits a city or county to create an official appearance commission. This commission is required to study the “visual problems” within the local government’s jurisdiction and make plans to carry out programs that will “enhance and improve” the city or county’s “visual quality and aesthetic characteristics.” § 160A-452. In addition to other its powers and duties, the commission may advise the planning ag..
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Borough of Doylestown Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
In its Zoning Chapter, Doylestown, Pennsylvania created a section specifically for solar energy equipment, Section 615. Defined in the Specific Definition section of the chapter, solar energy equipment is “any device, structure or electronics that converts solar energy into electrical energy, heats water or produces hot air or similar function through the use of solar panels.” In it, Doylestown authorizes solar energy equipment in any zoning district as an accessory structure. The section goes on to list a few regulations including that the equ..
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State of North Carolina Wetlands Protection Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Wetlands & Watercourse Protection
State: Not Applicable
Cities and counties have a fairly limited role in wetlands protection. The provisions for North Carolina’s Wetlands Restoration Program are found at §§ 143-214.8 to 214.13 within Article 21 of Chapter 143. It is a statewide, non-regulatory program established within and operated by the North Carolina Department of Environment and Natural Resources (DENR) for the purposes of restoring wetlands and replacing critical wetlands functions. § 143-214.8, § 143-214.9. As part of the program, DENR manages a Wetlands Restoration Fund, through which local..
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Village of Port Jefferson Wireless Communications Towers and Antennas Ordinance
Date Added: Monday, March 21, 2016Communications
State: Not Applicable
This law places regulations and restrictions on the construction of wireless communications towers and antennas within the Village of Port Jefferson. ..
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Affordable Housing Preference Program
Date Added: Tuesday, June 7, 2022Affordable Housing , Displacement
State: Not Applicable
San Francisco, California’s Affordable Housing Preference Program establishes a preference for occupying units or receiving assistance from the city’s affordable housing programs. The program notes that a preference in qualifying for affordable housing for residents who have been, or are about to be, displaced is necessary. The city also assists in preserving access to schools, after school programs, stores, community centers, places of worship, and health care providers...
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City of Santa Fe Integrated Pest Management Program for City Property
Date Added: Thursday, April 6, 2017Pesticide Management
State: Not Applicable
This ordinance directs the City of Santa Fe to seek alternatives to pesticides, as well as only using traditional pesticides when no other option is feasible. This policy protects land and water quality as well as human health...
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City of Kingston Mixed Use Overlay District
Date Added: Friday, May 5, 2017Affordable Housing , Mixed/Multiple Use, Overlay District
State: Not Applicable
This law creates the Mixed Use Overlay District, which is intended to provide affordable multifamily housing to low income families. ..
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Town of Mamaroneck Coastal Zone Management Ordinance
Date Added: Sunday, May 7, 2017Coastal Protection, Intermunicipal Agreements
State: Not Applicable
The purpose of this statute is to establish the Coastal Zone Management Commission to monitor and coordinate the implementation of the Local Waterfront Revitalization Program of the Town of Mamaroneck and the Village of Larchmont. According to this statute, the Commission must consist of 11 members (five residents of Larchmont appointed by the Village of Larchmont, five residents of the unincorporated area of Mamaroneck appointed by the Town of Mamaroneck, and 1 chair appointed by both municipalities). Members must serve without compensation...
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Town of New Hartford, New York Code § 118- 74 – Solar Energy Systems
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
State: Not Applicable
The Town of New Hartford’s solar energy system regulation defines freestanding or ground- mounted solar energy systems as those directly installed in the ground and not attached or affixed to an existing structure. Rooftop mounted or building mounted systems are defined as those with solar panels mounted on top of a roof structure either as a flush-mounted system or modules fixed to frames that can be tilted toward the south at an optimal angle. The regulation defines small-scale solar as solar photovoltaic systems rated up to ten kW per hour o..
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City of Lewes Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Despite its lengthy Zoning Chapter, the City of Lewes in Delaware only mentions solar panels once throughout the entire chapter. The Chapter states that the Lewes Historic Preservation Commission may not deny the addition of solar panels in the city’s Historic District except to designate reasonable alternative design and/or placement. ..
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City of Bentonville Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
The city of Bentonville, Arkansas has created a separate Article, 601, in its Zoning Code for all use regulations. Section 601.24 specifically describes the requirements for solar energy systems. Bentonville considers the number of solar panels and supporting equipment as one system, without any limitation as to the number of modules and arrays installed on the property. The section includes location, height, and setback requirements for roof mounted, ground mounted systems, and pole mounted systems. Section 601.24 also includes regulations for..
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City of Bainbridge Island Environmentally Sensitive Areas Ordinance
Date Added: Sunday, April 16, 2017Natural Resource Protection & Conservation
State: Not Applicable
This law focuses on the importance of having native vegetation zones in critical areas. It creates regulations for the preservation of these vegetation zones on Bainbridge Island, Washington...
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Town of Brookhaven Farmland Bill of Rights
Date Added: Wednesday, February 10, 2016Farmland Protection & Preservation
State: Not Applicable
Under the Town of Brookhaven’s Farmland Bill of Rights, Town bodies or officials that have land use or development responsibilities must notify applicants of proposed development projects of the existence of a protected farming operation within 1,000 feet of the development’s boundaries. The ordinance establishes that the benefits of bona fide agricultural production, both to the residents of the community as well as to the local government, outweigh the nuisances associated with farming operations. The ordinance defines the agricultural produc..
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Town of Brookhaven Right to Farm Ordinance
Date Added: Wednesday, February 10, 2016Right-to-Farm, Farmland Protection & Preservation
State: Not Applicable
The Right to Farm ordinance is a legislative intent acknowledging the importance of agricultural production to the Town’s character, environment, and economy, and defines protected farm practices. Food production, horticultural products, livestock, maple syrup, honey, horses, tree farms, and aquaculture products, are permitted to happen at all times without exception. This ordinance promises that it will advise developers against projects that are located within 1,000 feet of a farm, within an agricultural district or are working around an a..
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County of Kent Draft Growth Zone Overlay District
Date Added: Tuesday, April 18, 2017Overlay District
State: Not Applicable
Proposed amendment to the Kent County growth zone overlay district seeks to more clearly spell out the requirements and guidelines pertaining to the growth zones. The goal is to direct future development to more desirable areas, as well as to ensure that there is an adequate infrastructure where future growth is planned...
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County of North Castle Planned, Hamlet or Village Bonus for Affordable Housing Ordinance
Date Added: Monday, May 8, 2017Affordable Housing , Incentive Zoning
State: Not Applicable
This law states that a developer can propose a ten percent density increase if the development meets certain requirements. Requirements include at least fifty percent of additional units be reserved as affordable housing. The ordinance provides a detailed example that carefully outlines the calculations of a mock proposal. Sec. 40.07.310 lists general standards required of all affordable housing projects. ..
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Delaware Valley Regional Planning Commission Renewable Energy Ordinance Frameworks; Solar Zoning
Date Added: Saturday, January 6, 2018State: Not Applicable
The Delaware Valley Regional Planning Commission’s (DVRPC) Renewable Energy Ordinance Frameworks serve as a resource for municipalities as they develop and update ordinances to govern the siting of small-scale renewable energy systems in their community. The frameworks provide clear, consistent guidance on how to construct renewable energy ordinances and promote safe and sound community development. These frameworks provide a menu of sample ordinance language options, both permissive and restrictive, to allow municipalities to build a customize..
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County of Lane Planned Unit Development Ordinance
Date Added: Thursday, April 6, 2017Planned Unit Development
State: Not Applicable
The County of Lane, Oregon has an ordinance that provides for Planned Unit Developments (PUD). Lane County has a population of about 350,000, and includes the cities of Springfield and Eugene. It is bordered on the west by the Pacific Ocean and on the east by the Cascade Mountain range. The county is almost 90% forested, and its constituents have a high interest in protecting the natural beauty of the surrounding environment by promoting sustainable development. The PUD ordinance seeks to accomplish this goal by providing a tool that promot..
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City of Minneapolis Erosion and Sediment Control Ordinance
Date Added: Wednesday, March 2, 2016Erosion & Sedimentation Control
State: Not Applicable
The purpose this ordinance is to “control or eliminate soil erosion and sedimentation within the City of Minneapolis.” It applies to all land disturbances and soil storage activities. This ordinance refers permitees to a Manual of Standards that describes acceptable Best Management Practices (BMPs) for use in controlling sedimentation and erosion. It also sets a schedule for mandatory inspections by the issuing authority...
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Reduce Dependency on Automobiles by Promoting Walking and Bicycling
Date Added: Thursday, April 26, 2018Pedestrian Oriented Design (POD), Healthy Communities, Bicycle Infrastructure
State: Not Applicable
Niagara County, New York’s Public Health and Safety Chapter of their Comprehensive Plan outlines their goal to create safe, healthy, and walkable communities. They recognize health and safety of communities as one of the most important but overlooked aspects of a high quality of life. It stimulates the local economy and increases the variance and character of a community.
One objective to accomplish this goal is to reduce the community’s dependency on automotive transportation by increasing the network of pedestrian and bicycle trails. To op..
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SeaTac, WA ADU
Date Added: Tuesday, August 31, 2021Accessory Uses , Affordable Housing , Healthy Communities
State: Not Applicable
Requires the primary residence or ADU to be occupied by the owner in order to build and rent out
an ADU. The city allows for ADUs in order to maximize the use of existing housing stock, improve
cost efficiency of existing infrastructure, increase opportunities for homeowners, and provide
housing options for a wide range of income and status. Most ADUs are required to meet a maximum
of 800 square feet while preexisting ADUs may have up to 45% of the square footage of the primary
residence. The code also sets maximum occupancy, height, desig..
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Town of Yorktown Erosion and Sediment Control Permit Ordinance
Date Added: Wednesday, March 30, 2016Erosion & Sedimentation Control
State: Not Applicable
The Town of Yorktown Erosion Control Ordinance requires landowners to obtain a permit for all land disturbing activities not exempted. Each permit must contain information about site conditions, the proposed activity, and an erosion and sediment control plan which allows the approval board to make informed decisions. General standards are also set forth in order to ensure that actions are taken to minimize the potential for erosion and to reduce the harmful effects on adjacent resources. Further, the ordinance requires activities exempted fr..
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County of Collier Coastal Zone Management Ordinance
Date Added: Friday, April 14, 2017Coastal Protection, Environmental Impact Review Requirements, Sea Level Rise Adaptation
State: Not Applicable
In order to protect, conserve, and appropriately use its coastal areas, the Collier County Coastal Zone Management ordinance requires planning consistence, site development prioritization, and impact planning that considers potential impacts of sea level rise. The law requires that all new and existing development in the coastal zone furthers the goals, objectives and policies of the Growth Management Plan’s Conservation and Coastal Management Element, preserving native vegetation and limiting development densities for sites within undeveloped..
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State of North Carolina Subdivision Regulations Ordinances
Date Added: Sunday, May 7, 2017State Land Use Law, Subdivision Approvals, Subdivision Regulations
State: Not Applicable
Section 153A-330 authorizes counties to regulate subdivisions, which are defined by § 153A-335 as the sale of two or more lots of less than 10 acres from previously undivided land, excluding the division of less than two acres into no more than three lots. If a county has chosen to zone only portions of its jurisdiction, it may adopt subdivision regulations that apply only within those portions. Section 153A-331 allows counties to include provisions in their subdivision ordinances to ensure the following: the public dedication or reservation of..
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City of Hannibal Planned Density Residential District Ordinance
Date Added: Sunday, May 7, 2017Planned Development Districts, Smart Growth, Zoning, Density
State: Not Applicable
The Planned Density Residential District is established to ensure adequate infrastructure support and allow for flexibility of use of the land by developers. It requires increasing open space as a percentage of land as the number of residential units being built increases. The Rural District is to provide space for agricultural uses and the orderly transfer of land to urban uses, while the Agricultural District is solely for the former...
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City of Dover Overriding Districts Ordinance
Date Added: Wednesday, May 3, 2017Overlay District, Steep Slope Protection, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
State: Not Applicable
“Overriding districts”—more commonly known as overlay districts—are superimposed on existing zoning districts. Their regulations supplement existing zoning regulations, and in this ordinance are adopted to protect watercourses and wetlands as well as steep slope areas. The ordinance is intended to preserve the flora and fauna of the community and to maintain high water quality. This ordinance is adopted under the authority of New Hampshire’s Planning and Zoning enabling act, § 674:16, and the state’s Comprehensive Shorelands Protection Act § ..
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City of New York Executive Order 230 & Executive Order 233
Date Added: Wednesday, March 2, 2016Flood Prevention, Floodplain Regulations, Floodwater Management, Post-Disaster Management
State: Not Applicable
Following Executive Order 225 (extending the State of Emergency caused by Hurricane Sandy) and the release of FEMA’s new advisory base flood elevation maps for areas impacted by Sandy (containing the most up-to-date information on flood hazard zones and necessary buildings heights to prevent flood damage) New York City Mayor Michael Bloomberg issued Executive Order 230. Executive Order 230 suspends height limits and other restrictions for new construction and reconstruction in areas devastated by Hurricane Sandy. Additionally, as part of the re..
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Township of Jackson Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Within its Zoning Resolution, Jackson Township in Ohio has included a chapter on solar energy systems. According to the chapter, an accessory solar energy system is permitted as an accessory use in any district, subject to a number of regulations outlined in sections throughout the rest of the chapter. Some of those regulations include specific requirements for roof/structure mounted and ground/pole mounted systems as well as solar energy production facilities. For example, a solar energy production facility must be located on at least five ac..
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County of Cherokee Conservation Subdivision Ordinance
Date Added: Wednesday, February 10, 2016Conservation Districts & Subdivisions
State: Not Applicable
This ordinance provides density neutral cluster development for greater flexibility of design and environmental protections. Three main features of the ordinance are: 1) it is density neutral and encourages preservation; 2) it calls out rare plants and animals as having a right to protection through zoning; and 3) it has broad authority to protect “wetlands, aquifers, topographical or soil features, marine and wildlife habitat; and other features having conservation values, including views, vistas, and indigenous vegetation.”..
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State of North Carolina Agricultural Land Protection Ordinance – Counties
Date Added: Sunday, May 7, 2017Open Space Preservation, Agriculture, State Land Use Law, Farmland Protection & Preservation
State: Not Applicable
Counties have all the same powers with regard to agricultural land protection as cities have (see above). Additionally, counties have further authority, not provided to cities, under the Farmland Preservation Enabling Act, located at Article 61 within Chapter 106. Under § 106-736, counties may establish by ordinance a farmland preservation program. Such a program must provide for the establishment of voluntary agricultural districts consisting of a minimum number of acres (to be determined by the board of commissioners) and the formation of suc..
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City of Albany Zoning Ordinance; Section 375-93- Solar Energy Equipment
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
State: Not Applicable
Within its Zoning Ordinance, the City of Albany outlines its solar energy systems requirements in its own section, § 375-93. In it, the City requires that any person who wishes to install a solar energy system in a C-1 Neighborhood Commercial District shall have the installation reviewed by the Planning staff prior to the issuance of the building permit. This process will increase the amount of time and administrative requirements necessary to install these systems, becoming a barrier to their implementation.
..
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City of Tampa Upland Habitat Protection Ordinance
Date Added: Friday, May 5, 2017Overlay District, Wildlife & Fish Habitat
State: Not Applicable
The Upland Habitat Protection Ordinance was designed to protect the xeric and mesic plant communities and wildlife habitat in Tampa. The ordinance achieves this by establishing an overlay district and requiring plan approval before the commencement of development within the district...
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City of Chicago Vacant Buildings Registration Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
State: Not Applicable
The city of Chicago, Illinois, enacted an ordinance requiring owners of vacant buildings to perform several tasks within 30 days of the building’s vacancy. These tasks include: enclosing and securing the building; posting a sign on the building providing the owner’s and his or her agent’s contact information; acquiring substantial liability insurance for the building and; registering the vacant building with the Department of Buildings. This registration last for six months and costs $250. If the building remains vacant at the end of the si..
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Town of North Castle Trees Ordinance
Date Added: Monday, May 8, 2017Open Space Preservation, Tree Preservation & Protection
State: Not Applicable
This law creates and charges the Tree Board with the duties of studying, investigating, counseling and developing or updating a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Town Board and, upon its acceptance and approval, shall constitute the official comprehensive town tree plan for the Town of North Castle, State of New York. The Tree Board, when requested by the Town Board, shal..
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Adaptive Reuse: Governor Cuomo’s New Plan to Re-Purpose Buildings
Date Added: Thursday, August 12, 2021Affordable Housing , Vacant & Distressed Properties
State: Not Applicable
In New York City, office, commercial, and hotel spaces have been unused due to the pandemic, leaving many spaces vacant. Because NYC has experienced a shortage of affordable housing for years, Governor Cuomo proposed a plan to repurpose vacant commercial properties into affordable housing units. This can help pandemic recovery proceed. Gov. Cuomo proposed a five-year period where these spaces will be converted. ..
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Adaptive Reuse: Governor Cuomo’s New Plan to Re-Purpose Buildings
Date Added: Tuesday, August 24, 2021Affordable Housing
State: Not Applicable
In New York City, office, commercial, and hotel spaces have been unused due to the pandemic, leaving many spaces vacant. Because NYC has experienced a shortage of affordable housing for years, Governor Cuomo proposed a plan to repurpose vacant commercial properties into affordable housing units. This
can help pandemic recovery proceed. Gov. Cuomo proposed a five-year period
where these spaces will be converted...
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City of Richmond Hill Conservation Preservation District Ordinance
Date Added: Tuesday, April 18, 2017Overlay District
State: Not Applicable
This ordinances uses overlay districts for the protection of wetlands and the river corridor. Within these districts the ordinance provides not only for what can’t be done in these areas, but how certain activities are to be carried out...
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County of Washington Purchase of Development Rights Ordinance
Date Added: Wednesday, April 12, 2017Purchase of Development Rights
State: Not Applicable
Areas of the county which are important for their high quality natural areas, agricultural or scenic value have been identified and mapped. Lands within these areas are then eligible for the purchase of development rights (conservation easement) using county revenue or in conjunction with other sources of money. The permanent easement is then held and enforced by a qualified agency or group...
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King County Ordinance 16948 and the Determinants of Equity
Date Added: Thursday, August 12, 2021Healthy Communities, Equity
State: Not Applicable
Ordinance 16948 is King County’s Equity and Social Justice ordinance. It supplies definitions related to equity and equitable development. It calls for the development of analytical tools to identify equitable policies. Overall, the ordinance tries to integrate equity principles in all systems of its governance. This ordinance also identifies 14 “determinants of equity.” These determinants were the basis of a separate report called “The Determinants of Equity Report.”
This report is part of an initial effort at determining if the county is a..
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Montgomery County, Maryland Racial Equity and Social Justice Impact Statements
Date Added: Thursday, August 12, 2021Healthy Communities, Equity
State: Not Applicable
Bill 44-20 requires the Office of Legislative Oversight to submit a racial equity and social justice impact statement for each zoning text amendment. The bill encourages the Office of Legislative Oversight to work with the planning department to develop the impact statement. Montgomery County already had this requirement in place for bills and this new bill is an extension of that.
The county’s Racial Equity and Social Justice (RESJ) statements can be found here. One is also included here. After RESJ statements are completed, the bill is sen..
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City of Longmont Zoning Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
State: Not Applicable
In Longmont, Colorado, the City Code of Ordinance permits solar panels in all districts as an accessory use. However, the only regulation Longmont includes within its code for solar panels and/or energy systems is that “the height shall not exceed the maximum structure height for the zoning district in which they are located.”
..
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City of Chapel Hill Land Use Management Ordinance
Date Added: Tuesday, May 9, 2017Land Use Planning, Zoning
State: Not Applicable
The Chapel Hill Land Use Management Ordinance establishes standards and procedures for new development and redevelopment in the Town. The document provides rules under the Comprehensive Plan that tell applicants what is expected in order to gain approval to develop land in the town. The Ordinance provides the different requirements for the zoning districts...
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City of Tulsa Watershed Development Regulations
Date Added: Wednesday, April 27, 2016Watershed Planning
State: Not Applicable
Tulsa has the highest CRS rating in the country and is currently at 2. Although this high rating is only partially attributed to its ordinances, its ordinances reflect very high standards. The ordinances are based on watershed development and include stormwater consideration. “The area of special flood hazard, policies and standards” provision endorses the concept of No Adverse Impact, specifically denying any development that would increase flows, flood heights, velocities that might affect other property and, in addition providing for compens..
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County of Douglas Environmental Overlay District Ordinance
Date Added: Tuesday, April 18, 2017Overlay District
State: Not Applicable
The ordinance establishes environmental overlay districts in order to protect the groundwater and wetlands of the community. Activities having the potential to impact the groundwater or wetlands are regulated, including the lot size for new homes which will require a septic tank or septic field, chemical or petroleum storage tanks, and any development within 100 feet of a wetlands area. The districts are marked on the town’s Zoning maps. ..
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Town of Denton Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
According to Denton, Maryland’s zoning chapter, solar collectors and similar equipment, fixtures, and devices are exempt from district height limitation set forth within the rest of the chapter. The chapter, however, makes no mention of where solar collectors are actually permitted. Additionally, within its Bufferyard Requirements Appendix, the Town of Denton makes a small mention of solar access. In a sub-section under the Plant Material section, the Town allows for understory trees to be substituted for canopy trees where canopy trees would d..
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City of Apple Valley Natural Resources Management Ordinance
Date Added: Monday, April 17, 2017Natural Resource Protection & Conservation
State: Not Applicable
This broad natural resource management ordinance attempts to “protect, preserve, and enhance the natural resources and environment.” It forces the collection of data on the parcel in question and mandates low impact and best practices which preserve water quality, wetlands, trees, an reduce soil erosion among other issues...
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County of Blue Earth Livestock Manure Management Ordinance
Date Added: Sunday, March 19, 2017Local Environmental Law, Agriculture, Manure Management
State: Not Applicable
The goal of this ordinance is to minimize the pollution from domestic manure. Standards have been set to control methods of storage, distribution, spreading, and animal confinement, in order to minimize impacts on land, water, and air...
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City of Asheville Hillside Area Development Ordinance
Date Added: Thursday, April 13, 2017Ridgeline Protection
State: Not Applicable
This law regulates the density of development on steep slopes and high elevations. It makes use of natural topography and relative steepness of slope to determine the nature of development and grading...
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Township of Bernards Tree Removal & Protection Ordinance
Date Added: Monday, May 8, 2017Local Environmental Law, Tree Preservation & Protection, Timber Harvesting
State: Not Applicable
This tree preservation ordinance contains requirements for the number of trees that must replace a tree removed by developers, based on the size of the removed tree. Because it is not always physically possible to fit the required number of trees onto a parcel, a controversial amendment was added that requires a developer to pay $300 per required tree that cannot be planted. The money is donated to the Shade Tree Commission so that trees can be planted in other parts of town. ..
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Town of Brookhaven Planned Retirement Congregate Housing Community Ordinance
Date Added: Monday, May 1, 2017Affordable Housing , Senior Housing
State: Not Applicable
Chapter 85, Article XIIA of the Town Code for the Town of Brookhaven creates a Planned Retirement Congregate Housing Community District, in order to give affordable housing options to the elderly community in the Town of Brookhaven, NY. ..
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County of Davidson Environmental Performance Standards
Date Added: Wednesday, February 10, 2016Zoning, Natural Resource Protection & Conservation
State: Not Applicable
This ordinance is predicated on the concept that land use policy decisions and zoning decisions must be made in the context of the land’s characteristics and sound environmental science. The actual language states, “The choice of residential land uses should be based on site-specific characteristics which coincide with the many available varieties of housing. Commercial land use decision-making, conversely, is likely driven more by market forces, such as location or access, than by site characteristics. It is the intent of this article to offer..
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Town of Ellington Earth Excavation Ordinance
Date Added: Thursday, May 4, 2017Erosion & Sedimentation Control, Landscaping
State: Not Applicable
This law requires that excavation and removal or importation of more than 1,000 cubic yards of earth within any zoning district over one year, from any single parcel of land, requires a special permit. A detailed erosion control plan and a final landscaping plan must be submitted before the permit can be issued. A sufficient amount of topsoil must be set aside and not removed from the premises. Excavators must keep sound levels within prescribed limits, restrict hours of operation, buffer the work site, and control truck access to minimize dang..
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City of Hannibal Recycling Ordinance
Date Added: Thursday, April 13, 2017Recycling
State: Not Applicable
This ordinance includes a detailed description of items to be separated from trash for recycling and the containers in which to put the recycling. ..
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King County Redevelopment Ordinance
Date Added: Thursday, April 13, 2017Urban Renewal, Brownfields
State: Not Applicable
Contaminated Industrial Lands in the Duwamish Corridor of King County, Washington present regional and local threats to environmental health and economic development. This ordinance calls for the environmental risks resulting from specific site contamination to be evaluated, as well as developing an initiative program for small landowners to create voluntary temporary partnerships to achieve clean up of the area. ..
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Town of Malta Knolls Eleven Planned Development District
Date Added: Saturday, May 6, 2017Development Standards, Planned Development Districts, Site Design Standards, Site Plan Approval
State: Not Applicable
Chapter 167, § 167-27 provides specifications for the creation of a planned development district. These requirements include a newly created dwelling with approvals for water, sewage, drainage systems all with specified sizes and locations. Other requirements and restrictions on the developers are set forth as well...
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Town of Southwest Harbor Shellfish Ordinance
Date Added: Wednesday, April 12, 2017Local Environmental Law, Natural Resource Protection & Conservation
State: Not Applicable
This ordinance works to balance the harvest of shellfish with the protection and conservation of the resource primarily by establishing restrictions on the size and amount of shellfish harvested each year...
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City of Springfield Aquifer Protection Ordinance
Date Added: Wednesday, October 14, 2015Aquifer Protection
State: Not Applicable
The provisions of this article are designed to regulate the drilling of wells so that the city may prevent potential hazards to the water quality, and to provide procedures whereby the city may take steps to protect the public health and welfare, including notification for abatement of hazardous situations, prescribing penalties for violation of this article, and prescribing procedures by which the provisions of this article may be executed. ..
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Land Use Planning for Public Health: The Role of Local Boards of Health in Community Design and Development
Date Added: Wednesday, July 11, 2018Comprehensive Planning, Land Use Planning, Local Boards, Healthy Communities, Zoning
State: Not Applicable
This article focuses on the health issues arising from the built environment and the roles of both the government and private sector must do to combat these issues. First the article discusses issues affecting the built environment, such as decreases in water and air quality, loss of farmland, increase in traffic and residential segregation. A key focus in the article is how transportation plays a major role in shaping the built environment and how urban design can create greater quality neighborhoods. The article also goes into detail about wa..
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City of San Marcos Edwards Aquifer Protection Regulations
Date Added: Monday, March 21, 2016Aquifer Protection
State: Not Applicable
In San Marcos, Texas Code of Ordinances, Chapter 94 Development Standards, Edwards Aquifer Protection Regulations. The purpose of this ordinance is to protect the Edwards Aquifer from pollution. The aquifer has significant environmental, economic, and recreational values. The ordinance regulates development over the aquifer in order to protect health and environmental features such as endangered species. It functions by limiting impervious coverage in the recharge and transition zones of the aquifer...
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Town of Gorham Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Within its Zoning Ordinance, the Town of Gorham in New Hampshire defines solar energy systems as “any equipment or system utilizing solar energy to provide electricity and/or space heating or cooling, hot water heating and swimming pool heating.” Within the Town of Gorham, roof- or wall- mounted solar collectors are a permitted use in all zoning districts. Non-roof- or wall-mounted solar energy systems, however, are only allowed by special exception. “All installations are required to meet Section M2301 of the International Building Code.” ..
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Parking Code Guidance: Case Studies and Model Provisions
Date Added: Friday, July 17, 2015Parking
State: Not Applicable
The Parking Code Guidance: Case Studies and Model Provisions paper was written as a part of the San Francisco Metropolitan Transportation Commission’s (MTC) Smart Growth Technical Assistance: Parking Reform Campaign. Its goal is to provide guidance on identifying key issues, reforming parking standards, and on how to regulate and manage parking in a way that supports development in urban infill areas, encourages balanced multimodal access, and reduces vehicle traffic. The guidance provided is based on best practices for access and parking regul..
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City of Cottage Grove Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
In Cottage Grove, Minnesota, the city has established a Low-Density Residential District “where all public services, utilities and amenities needed for urban residential development are available” and development densities do not exceed five dwelling units per gross acre. Cottage Grove does permit density bonuses in this District between 0-5% if applicants demonstrate innovative energy conservation efforts, including orientation of lost for maximum use of passive solar energy and preservation of solar access for active solar energy systems. Sol..
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City of Falcon Heights Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Falcon Heights, Minnesota has incorporated an extensive solar energy systems section with its Zoning Chapter. In Section 113-254, active solar energy systems are permitted as an accessory use in all zoning districts, subject to a number of regulations. Those regulations include height requirements for building- or roof-mounted, ground-mounted, and pole-mounted systems; a number setback requirements; and that “active solar energy systems be designed to blend into the architecture of the building or be screened from routine view from public right..
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PAS Essential Info Packet: Planning & Zoning for Health in the Built Environment
Date Added: Wednesday, July 11, 2018Comprehensive Planning, Land Use Planning, Healthy Communities, Zoning
State: Not Applicable
The Essential Info Packet provides planners with a collection of examples that demonstrate a connection between health and the built environment. These examples include zoning laws, policies, and how-to guidance on how communities across the country have addressed issues of public health. First it provides a list of sources which analyze the importance of creating a connection between health and the built environment. It also includes, collaborations with local governments and agencies, health impact assessments, comprehensive plans and toolkit..
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County of Knox Stormwater Management Ordinance
Date Added: Wednesday, April 13, 2016Floodplain Regulations, Stormwater Management
State: Not Applicable
Knox County has a number of ordinances not commonly found in other communities. Development is regulated within the 500-year floodplain, and before a property owner hands over title to his or her land or structure, a State-certified engineer must certify the as-built elevations of all structures in the floodplain comply with the standards of the ordinance. Building requirements mandate 1 foot BFE above the 500-year floodplain and construction fill between one-half the linear distance between the floodway line and the 100-year floodplain line un..
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County of Knox Stormwater Management Ordinance
Date Added: Wednesday, October 21, 2015Floodplain Regulations, Stormwater Management
State: Not Applicable
Knox County has a number of ordinances not commonly found in other communities. Development is regulated within the 500-year floodplain, and before a property owner hands over title to his or her land or structure, a State-certified engineer must certify the as-built elevations of all structures in the floodplain comply with the standards of the ordinance. Building requirements mandate 1 foot BFE above the 500-year floodplain and construction fill between one-half the linear distance between the floodway line and the 100-year floodplain line un..
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Town of Bedford Aquifer Protection Zone
Date Added: Wednesday, October 14, 2015Aquifer Protection
State: Not Applicable
In order to protect groundwater quality, this ordinance gives specific allowances for the amount of sewage flow a specific type of dwelling can produce, and restricts certain activities in the aquifer zone, such as dry-cleaning, photo processing, auto service, and hazardous waste and septic sludge storage and disposal. Activities such as using road salt and deicing material require a special permit. ..
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Town of Brookhaven Critical Environmental Areas and SEQRA Implementation
Date Added: Wednesday, February 10, 2016Environmental Impact Review Requirements, Natural Resource Protection & Conservation
State: Not Applicable
This law creates a list of Type I and Type II actions, for the purpose of the Town implementing the State Environmental Quality Review Act (SEQRA). ..
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Town of Croton-on-Hudson Environmental Compliance Ordinance
Date Added: Wednesday, February 10, 2016Environmental Compliance
State: Not Applicable
This ordinance creates the position of an environmental consultant empowered to monitor new development to ensure that it is being complete in full compliance with the Town’s environmental protection laws. ..
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Town of Greenburgh Conservation District Ordinance
Date Added: Friday, May 5, 2017Development Standards, Overlay District, Zoning, Natural Resource Protection & Conservation
State: Not Applicable
The purpose of this law is to provide performance criteria assuring conservation of natural resources during and after development in a conservation district (CD). The CD is to be an overlay zone over any other zone allowed in the town. The Conservation District will be evaluated by criteria set out under this provision including the development standards. ..
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Agricultural Residential Zone for Readington Township in Hunterdon County
Date Added: Monday, March 21, 2016Clustering & Cluster Development
State: Not Applicable
Readington Township passed this Agricultural Residential Zone Ordinance to preserve open space and farmland. This ordinance requires that within the designated Agricultural Residential (AR) zone, any lots over 40 acres must be developed as 1.5 acre open space clusters. Land tracts that are 30 acres or greater adjacent to deed restricted farmland or open space within the AR zone must also be developed as 1.5 open space clusters. ..
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Grow Solar Local Government Solar Toolkit for Minnesota: Planning, Zoning, and Permitting
Date Added: Wednesday, June 20, 2018Solar Energy, Zoning
State: Not Applicable
The model addresses concerns that are primarily in counties, townships, and rural areas rather than cities and urban areas. The incentive portion of the urban model ordinance can be applied in rural areas, as are provisions addressing solar access and aesthetic considerations in those rural areas with development patterns at an urban scale (typically lots smaller than 1 acre). This ordinance addresses solar energy as both a principal use and as an accessory use to the primary residential or commercial use. The model outlines height restriction..
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General Plans and Zoning: A toolkit for building healthy, vibrant communities
Date Added: Thursday, July 19, 2018Land Use Planning, Healthy Communities, Zoning
State: Not Applicable
This resource is helpful for communities to look to see how zoning and public health relate. There is an overlap between public health and zoning. On page 135, the City of Berkley provides an example of zoning for food access. It discusses how local zoning and land use law influenced the city to cater to the needs of the town and push for a grocery store offering affordable fresh foods. When motivating community residents to speak for the needs of their fellow neighbors and quality of food access, projects get completed. This document also dis..
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City of St. Louis Floodplain Ordinance
Date Added: Wednesday, April 13, 2016Floodplain Regulations
State: Not Applicable
The floodplain protection in the St Louis Revised Code lays out everything from the duties of the floodplain administrator to flood hazard reduction techniques and management procedures. It sets specific design criteria, for example that residences may not have living spaces below one food above flood level, or that commercial buildings use space below groundlevel only for parking...
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City of Burlington, Washington Zoning Regulations; Solar Access
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Section 14.48.110, placed within the City Code’s chapter on performance standards, lists solar access criteria for any new construction that is south of existing residential land in Burlington, Washington. The criteria include prohibiting multi family, commercial, or industrial structure more than one story in height from shading the maximum building envelope of any existing dwelling as determined by the angle of the sun on December 21st; site plans that show the shading impacts of new structures on existing dwellings or vacant lots; and measur..
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Town of Livonia Land Conservation Ordinance
Date Added: Saturday, May 6, 2017Erosion & Sedimentation Control, Floodplain Regulations, Historic Preservation, Open Space Preservation, Scenic Resources, Steep Slope Protection, Watershed Protection, Natural Resource Protection & Conservation
State: Not Applicable
This law outlines the Town’s procedure for creating Land Conservation Areas, and for protecting these areas from potentially harmful development. These areas were created on the basis of a soil and existing land use survey, and have been grouped in to seven categories, which include: natural forest/woodland, wetland, steep slope, floodplain, major scenic overlook, stream corridor, watershed and sites of historical/archaeological significance. ..
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Town of Perinton Limited Development District Ordinance
Date Added: Tuesday, May 23, 2017Conservation Districts & Subdivisions
State: Not Applicable
Town of Perinton created Limited Development Districts for certain variations in terrain, hydrology that render certain areas susceptible to flooding to supersede the other zoning provisions. Development must be directed by the intrinsic character of the land in order to provide for the safety and welfare of the citizens and the natural environment. The limits of an LDD shall be determined by its soil, vegetation, terrain, and hydrologic characteristics. The limits are determined using detailed maps, in consultation with the Conservation Board...
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Town of Taos Outdoor Lighting on Public & Private Property Ordinance
Date Added: Wednesday, January 25, 2017Lighting
State: Not Applicable
This ordinance creates guidelines for outdoor lighting on private property to prevent light pollution, as well as to conserve energy while still providing for public safety and security...
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Town of Francestown Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Solar and wind-powered devices are permitted in Francestown, New Hampshire for commercial use on lots of three acres or more at an elevation of fewer than 1,000 feet. According to its table of Permitted Uses and Special Exceptions, solar and wind-powered devices are permitted in Francestown’s Village and Rural Districts by special exception as well as in its Steep Slope, Aquifer, and Flood Plain Overlay Districts. Francestown, however, does not have a separate section within its Zoning Ordinance that describes the regulations or requirements fo..
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Town of Irondequoit River Harbor District Ordinance
Date Added: Friday, May 5, 2017Economic Development, Zoning, Natural Resource Protection & Conservation
State: Not Applicable
The River Harbor District, as laid out in Article XXIV of the Town Code, is designed to provide a suitable character and stable environment for the establishment and maintenance of water-dependent and/or water-enhanced uses and activities along the east bank of the Genesee River near the Port of Rochester. The district is also designed to promote appropriate residential and economic development and to improve public access to the riverfront. Other goals of the district include protection of the unique and sensitive environmental features that e..
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County of DuPage Countywide Stormwater and Floodplain Ordinances
Date Added: Wednesday, April 13, 2016Floodplain Regulations, Stormwater Management
State: Not Applicable
DuPage County is one of the ‘collar’ counties ringing Chicago. The County has implemented some of the most innovative regulations under the rubric of No Adverse Impact in order to stem flooding problems. The County requires compensatory storage that is 1.5 times the volume of the floodplain that has been displaced, requires 1 foot of elevation from BFE for all structures in and out of the floodplain, and mandates no net rise for any development. The floodplain regulations are combined with stormwater, erosion and sedimentation, and wetlands con..
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County of DuPage Countywide Stormwater and Floodplain Ordinances
Date Added: Wednesday, October 21, 2015Floodplain Regulations, Stormwater Management
State: Not Applicable
DuPage County is one of the ‘collar’ counties ringing Chicago. The County has implemented some of the most innovative regulations under the rubric of No Adverse Impact in order to stem flooding problems. The County requires compensatory storage that is 1.5 times the volume of the floodplain that has been displaced, requires 1 foot of elevation from BFE for all structures in and out of the floodplain, and mandates no net rise for any development. The floodplain regulations are combined with stormwater, erosion and sedimentation, and wetlands con..
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County of Brown Agricultural Shoreland Management Ordinance
Date Added: Wednesday, February 10, 2016Erosion & Sedimentation Control, Agriculture
State: Not Applicable
This ordinance is unique because it applies specifically to agricultural use. Brown County’s Agricultural Shoreland Management ordinance is designed to “prevent soil erosion and minimize the movement of suspended solids into surface water.” It establishes a 300 foot zone on all perennial and intermittent streams and rivers wherein agricultural practices must meet NRCS guidelines. Additionally, 20-foot-vegetative buffers planted with approved seed mixtures must be established along all state waters...
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Village of Croton-on-Hudson Unified Solar Application; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
State: Not Applicable
The Village of Croton-on-Hudson adopted the NY-Sun Unified Solar Permit (USP), a combined building and electrical permit for certain solar energy systems developed by the New York State Energy Research and Development Authority (NYSERDA), the New York Power Authority (NYPA), and the City University of New York’s Sustainable CUNY. The USP expedites the permitting process for “small-scale solar electric systems,” that have a rated capacity of 12 kW or less and that are installed on a permitted roof structure of a building, or on a legal accessory..
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City of McCall Subdivision and Development Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
State: Not Applicable
Within its Subdivision and Development Provisions Chapter, the City of McCall in Idaho makes a slight mention of solar heat and light. The City requires that within a subdivision plan, the applicant orient streets in a way to take advantage of the solar heat and light provided by the sun during the winter months. Other this one sub-section, this Chapter makes no other mention of solar energy systems. This could possibly create a barrier to their implementation since property owners would likely not be aware of the benefits or possibilities of i..
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Goodhue County Zoning Ordinance
Date Added: Monday, July 11, 2016Solar Energy, Wind Energy, Zoning
State: Not Applicable
Goodhue County adopted solar energy system (SES) regulations in Article 19 of its zoning ordinance. These regulations define a ground-mounted SES as a solar collector located on the ground surface that is physically affixed or attached to the ground, including pole-mounted systems. The regulations define a roof-mounted SES as a solar collector located on the roof of a building or structure that may be physically affixed or attached to the roof. For both ground-mounted and roof-mounted SESs, the regulations include sub-definitions for residentia..
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City of Lincoln Floodplain Ordinance
Date Added: Wednesday, April 13, 2016Floodplain Regulations
State: Not Applicable
The current ordinances of Lincoln are currently being posted in anticipation of the revised ordinances which are expected to be passed by the summer of 2004. The revised ordinances, which are specifically for new-growth areas, endorse the policy of No Adverse Impact, and the regulations reflect these tenets with provisions that include “no net rise”, “compensatory storage” and “minimum flood corridor”...
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City of Lincoln Flood Plain District
Date Added: Wednesday, October 7, 2015Floodplain Regulations
State: Not Applicable
The current ordinances of Lincoln are currently being posted in anticipation of the revised ordinances which are expected to be passed by the summer of 2004. The revised ordinances, which are specifically for new-growth areas, endorse the policy of No Adverse Impact, and the regulations reflect these tenets with provisions that include “no net rise”, “compensatory storage” and “minimum flood corridor.”..
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City of Portland Erosion and Sediment Control Regulations
Date Added: Monday, March 21, 2016Erosion & Sedimentation Control
State: Not Applicable
These regulations are focused on ground disturbing activities regardless of whether or not a permit is required and unless otherwise exempted. Minimum requirements include: a threshold of no visible and measurable sediment or pollutant exiting the site or washing into a water body or storm system; installation of BMPs selected from the Erosion Control Manual, special requirements during the wet season (Oct 1-Apr 30); signage requirements on sites where a permit is required; and inspection of BMPs within 24 hours of a storm events. For sites req..
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City of Ann Arbor Land Development Regulations
Date Added: Wednesday, January 27, 2016Development Standards, Local Environmental Law, Planned Unit Development, Natural Resource Protection & Conservation
State: Not Applicable
The goal of this ordinance is to specify procedures of and materials for proposed development projects. It also provides guidelines to identify, evaluate, protect, and mitigate six types of sensitive environmental areas...
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City of Ann Arbor Land Development Regulations
Date Added: Monday, November 14, 2016Development Standards, Local Environmental Law, Planned Unit Development, Natural Resource Protection & Conservation
State: Not Applicable
The goal of this ordinance is to specify procedures of and materials for proposed development projects. It also provides guidelines to identify, evaluate, protect, and mitigate six types of sensitive environmental areas...
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State of North Carolina Zoning Enabling Act
Date Added: Sunday, May 7, 2017Local Boards, State Land Use Law, Zoning
State: Not Applicable
Grant of power
Section 153A-340 permits, but does not require, counties to pass zoning ordinances for the purpose of promoting health, safety, morals, or the general welfare of the community. These ordinances may regulate and restrict the size, location, and use of buildings and other structures; the percentage of lots that may be occupied; the size of yards and other open spaces; and population density. This section also allows counties to provide density credits or severable development rights pursuant to § 136-66.10 or § 136-66.11, and to..
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Manual of Build-Out Analysis
Date Added: Wednesday, December 2, 2015Build-Out Analysis
State: Not Applicable
The Manual of Build-Out Analysis is a detailed instruction on how to conduct a Build-Out Analysis broken down step-by-step, including a description of the data requirements, materials and techniques necessary to complete both the mapping and quantitative parts of the Analysis. The document is targeted for use by planning boards and commissions, groups concerned with growth management, and professionals in administrative and planning fields. Following the instructions set out in the Manual will result in a color-coded paper map and a numerical a..
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Vermont Employment Growth Incentive
Date Added: Monday, September 26, 2016Development Standards
State: Not Applicable
The Vermont Employment Growth Incentive (VEGI) was created to encourage job creation in Vermont by a Vermont company, a Vermont division of a company that plans to grow and expand in Vermont, a company considering locating a new business or division in state, or Vermont start-up business activity. The VEGI program provides incentives from the State of Vermont to businesses to encourage prospective economic activity in Vermont that is beyond an applicant’s “organic” or background growth and that would not occur except for the incentive provided...
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Village of Bellwood Neighborhood Preservation Program
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
State: Not Applicable
The Village of Bellwood passed an ordinance creating a Neighborhood Preservation Program in an effort to prevent the deterioration and abandonment of housing in traditional neighborhoods; preserve, coordinate, and concentrate maintenance efforts in designated areas; promote private investment in housing in those neighborhoods; and promote community involvement in all such activities. The Program sets forth six (6) criteria under which an area is eligible for designation as a Neighborhood Preservation Area, including but not limited to: where t..
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Town of Huntersville Surface Water Improvement & Management – Stream Buffers Ordinance
Date Added: Friday, May 5, 2017Buffer Zones, Floodwater Management, Zoning, Wetlands & Watercourse Protection
State: Not Applicable
This ordinance amends the current zoning regulations to create a “stream buffer network” that will filter pollutants, store floodwater, provide habitat, and contribute to the “green infrastructure.” The buffer is divided into three sections, streamside zone, managed use zone, and upland zone. Each zone has varying level of restrictions, the streamside zone being the most restrictive and the upland zone being the least restrictive. ..
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Western PA Rooftop Solar Challenge Final Solar Ordinance
Date Added: Wednesday, June 29, 2016State: Not Applicable
Penn Future’s Western PA Rooftop Solar Challenge Final Solar Zoning Ordinance provides an example of solar energy systems defined based on type. The ordinance defines a “building-mounted system” as one “attached to any part or type of roof on a building or structure that has an occupancy permit… and that is either the principal structure or an accessory structure…” Additionally, the ordinance defines a “ground-mounted system” as one “mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and ..
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Bicycle Parking Regulation to Promote Biking
Date Added: Thursday, April 12, 2018Healthy Communities, Bicycle Infrastructure
State: Not Applicable
Article 6.100 of Cambridge, Massachusetts’s Zoning Ordinance was designed to expand bicycle parking requirements to promote bicycle use within the city. Bicycle transportation provides economic, environmental, and human health benefits by promoting a smaller carbon footprint, a more diverse consumer market, cardiovascular exercise, and reduced street congestion.
Article 6 of the Zoning Ordinance includes a table of metrics which designates the number of bicycle parking spaces that must be available in correlation with the type of structure (..
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County of Maricopa Floodplain Regulations
Date Added: Wednesday, April 13, 2016Floodplain Regulations
State: Not Applicable
Maricopa County started its flood control program in 1959 because of excessive flooding in the town of Phoenix. These floodplain regulations are innovative because of their completeness and the details they include for each designated floodplain zone. FEMA has delegated Maricopa County to do its own mapping which guarantees more up-to-date and inclusive floodplain mapping information for this fast-growing area. The ordinances are therefore applicable to a greater area and population...
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Floodplain Regulations for Maricopa County
Date Added: Wednesday, October 21, 2015Floodplain Regulations
State: Not Applicable
Maricopa County started its flood control program in 1959 because of excessive flooding in the town of Phoenix. These floodplain regulations are innovative because of their completeness and the details they include for each designated floodplain zone. FEMA has delegated Maricopa County to do its own mapping which guarantees more up-to-date and inclusive floodplain mapping information for this fast-growing area. The ordinances are therefore applicable to a greater area and population...
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Edwards Aquifer Protection Regulations
Date Added: Thursday, July 23, 2015Aquifer Protection
State: Not Applicable
In the San Marcos, Texas Code of Ordinances, Chapter 94 Development Standards, Edwards Aquifer Protection Regulations. The purpose of this ordinance is to protect the Edwards Aquifer from pollution. The aquifer has significant environmental, economic, and recreational values. The ordinance regulates development over the aquifer in order to protect health and environmental features such as endangered species. It functions by limiting impervious coverage in the recharge and transition zones of the aquifer...
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City of Albuquerque Solar Permit Ordinance
Date Added: Wednesday, December 2, 2015Energy Efficiency & Conservation, Solar Energy
State: Not Applicable
This ordinance was created to clarify the rights people have in terms of using solar power. Specifically, there are limits to the creation of solar power rights, as well as a permitting and recording requirements...
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Township of Casco Zoning Ordinance §§ 13.26-13.28; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
State: Not Applicable
Casco Township passed Ordinance #30-83 to add provisions addressing small, medium, and large solar energy systems in its zoning ordinance. The ordinance defines small solar energy systems as single residential or small business-scale solar energy conversion systems consisting of roof panels, ground-mounted solar arrays, or other solar energy fixtures, and associated control or conversion electronics, occupying no more than one-half acre of land and that produce utility power primarily to onsite users or customers. Medium solar energy systems ar..
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Village of Croton-on-Hudson Trees Ordinance
Date Added: Wednesday, May 3, 2017Landscaping, Tree Preservation & Protection
State: Not Applicable
The Village of Croton-on-Hudson Tree Ordinance provides requirements for minimum distances between trees and (1) other trees, (2) curbs and sidewalks, (3) street corners and hydrants, and (4) utilities. Topping of trees and removal of healthy trees is prohibited. A tree removal permit will be required before removing: (1) any tree eight inches or more (diameter at breast height or DBH) on any parcel of land capable of being subdivided under the zoning provisions applicable to the district in which the parcel is situated or on any parcel of land..
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Economic Development and Redevelopment: A Toolkit on Land Use and Health
Date Added: Tuesday, July 10, 2018Economic Development, Healthy Communities
State: Not Applicable
The Economic Development and Redevelopment Toolkit was designed to improve low-income community access to food by providing a fundamental understanding of economic development and redevelopment and how these tools can provide opportunities to increase food retailing in the community. These economic development strategies breakdown the type of economic revitalization based on business attractions, physical redevelopment and the community members. The toolkit discusses the advantages and challenges of specific food systems, including, supermarke..
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Town of Erwin Viewshed Protection Overlay District
Date Added: Tuesday, May 9, 2017Overlay District, Ridgeline Protection, Scenic Resources
State: Not Applicable
This law provides a very detailed set of regulations with the primary purpose of protecting the viewshed and natural beauty of the town...
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Village of Irvington Tree Preservation Ordinance
Date Added: Friday, May 5, 2017Quality of Life, Tree Preservation & Protection, Timber Harvesting
State: Not Applicable
Chapter 202 of the Municipal Code for the Village of Irvington regulates the cutting, killing and destruction of trees in the Village. This law was enacted as a result of the Village’s findings that the presence of trees contribute to the health, safety and general welfare of the citizens...
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County of Miami-Dade Coastal Management Planning Element
Date Added: Saturday, April 15, 2017Coastal Protection, Sea Level Rise Adaptation
State: Not Applicable
The Board of County Commissioners for Miami-Dade County, Florida, adopted the Planning Commission’s Comprehensive Development Master Plan (CDMP) in order to promote general welfare, maintain conditions under which people and nature can coexist in “productive harmony” and fulfill social, economic, and other requirements for present and future generations. Section 2-113.1 of the Codex specifically incorporates the CDMP’s Planning Elements. The Coastal Management Planning Element requires that sea level rise projected by the federal government b..
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Town of Farmington Ridgeline Protection Zone
Date Added: Tuesday, May 9, 2017Ridgeline Protection, Scenic Resources
State: Not Applicable
This law provides a very detailed set of regulations with the primary purpose of protecting the viewshed and natural beauty of the town. It uses specific geologic features that form the mountains to determine the boundaries of the protection zone...
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Town of Irondequoit Historic Preservation Ordinance
Date Added: Friday, May 5, 2017Historic Preservation, Local Boards, Landmarks & Historical Districts
State: Not Applicable
Chapter 236 of the Town Code for the Town of Irondequoit recognizes the rich, varied history of Irondequoit. It was enacted to protect and enhance the landmarks and historic districts which represent distinctive elements of Irondequoit's historic, architectural, and cultural heritage; to foster civic pride in the accomplishments of the past; to protect and enhance Irondequoit's appeal to visitors and the support and stimulus to the economy thereby provided; and to insure the harmonious, orderly, and efficient growth and development of the Town..
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Planned Unit Developments
Date Added: Tuesday, August 24, 2021Affordable Housing , Mixed/Multiple Use
State: Not Applicable
North Brunswick, New Jersey has a chapter in its zoning code dedicated to
Planned Unit Developments (PUD). The code sets a 50-acre minimum size to
establish a PUD, and this may be met through one parcel or multiple together.
It also requires at least one road connecting to the PUD. In North Brunswick,
PUD may be used for single- and multi-family housing, retail totaling no more
than 50% of the PUD, office space, educational and recreational facilities,
public utilities, and conditional use of religious space. Fifty-three dwelling
units a..
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Land trust response To renewable energy siting challenges in New York
Date Added: Wednesday, July 11, 2018State: Not Applicable
For partial fulfillment for his Master of Science in Environmental Policy from the Bard College’s Center for Environmental Policy, Mr. Collin Adkins submitted his Master’s Capstone titled “Land trust response to renewable energy siting challenges in New York." Within this report, Mr. Adkins “creates a baseline assessment of New York’s land trusts that evaluates the extent to which land trusts are aware of and responding to the changing policies around renewable energy and its impacts on land use.” The report goes further by suggesting five area..
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Town of Fenwick Island Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Under its Renewable Energy System section within its Zoning Chapter, the Town of Fenwick Island in Delaware permits solar energy systems its zoning districts. According to Section 160-9(A), a “solar energy system is a renewable energy system designed and used to obtain energy from the sun in order to supply energy to a principal use of a structure.” These systems include but are not limited to solar hot water, air heating and cooling, and photovoltaic systems. The solar energy system sub-section goes on to list a few conditions that an applican..
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City of Fayetteville Tree Preservation & Protection Ordinance
Date Added: Friday, April 14, 2017Landscaping, Tree Preservation & Protection
State: Not Applicable
This ordinance was enacted in order to provide for “regulation of the preservation, planning, maintenance, and removal of trees within the city.” This is achieved through the creation of a tree registry to protect trees that are valuable due to their history or their species. In addition, the ordinance provides guidelines for general protection of the trees under circumstances such as development, pruning, and planting. ..
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City of Albuquerque Land Acquisition Ordinance
Date Added: Monday, October 17, 2016Land Acquisition, Open Space Preservation
State: Not Applicable
This plan allows a percentage of impact fees on new development in Bernalillo County within a five mile radius of the Albuquerque border to be collected and used for purchase of open space within this buffer zone...
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City of Albuquerque Environmental Planning Commission
Date Added: Thursday, January 26, 2017Local Boards, Local Governance
State: Not Applicable
These ordinances create boards to deal with Environmental Planning, Beautification, the Albuquerque Bicycle Network, Open Space, and Recreational Trails. ..
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City of Annapolis Green Buildings: Energy Efficiency and Environmental Design
Date Added: Wednesday, January 27, 2016Green Buildings & Energy Efficiency
State: Not Applicable
The City of Annapolis, the capital of Maryland, is set in the heart of the Chesapeake Bay. Only 29 miles east of Washington D.C., Annapolis has a population of 36,524 people, with a population density of 5,326 people per square mile. Annapolis has several public transportation options, including an eight-route bus system and railway connecting the city to nearby Washington D.C. and Baltimore.
Annapolis uses an integrated approach in regulating the planning, design, and sustainability of buildings. The city’s sustainable building law manda..
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State of New Hampshire State Land Use Enabling Act
Date Added: Sunday, May 7, 2017Comprehensive Planning, Land Use Planning, Local Governance, State Land Use Law
State: Not Applicable
New Hampshire does not require local governments to adopt zoning, but if a local government chooses to zone it is required first to adopt a master plan. The master plan must include a vision section and a land use element. It may also include transportation, community facilities, economic development, natural resources, natural hazards, and recreation elements. The state’s grant of power to local governments extends the purposes of the Standard State Zoning Enabling Act to expressly include the use of innovative planning techniques and the use..
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Philadelphia, PA Voluntary Affordable Housing
Date Added: Tuesday, August 31, 2021Affordable Housing , Incentive Zoning, Healthy Communities
State: Not Applicable
Philadelphia includes in its housing code a provision for voluntary affordable housing. Moderate income units will be priced at levels affordable for 60% AMI, while low income units will be priced for 50% AMI. Where at least 50% of gross floor area will be designated for residential development, floor area, height, or dwelling density bonuses may apply. The bonuses are calculated depending on the zone and income designation. These affordable units must constitute at least 10% of all units, be affordable for 50 years, and be of comparable qualit..
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Pinellas County, FL Incentivizes Affordable Housing
Date Added: Tuesday, August 31, 2021Affordable Housing , Incentive Zoning, Healthy Communities
State: Not Applicable
Pinellas County provides numerous incentives for affordable housing development: expedited permit processing, review fee relief, reduced parking requirements, housing in commercial zones, donation of publicly owned land, identifying qualified renters or buyers, density bonuses, accessory structures, reduced setback requirements, street design modifications, and zero lot lines. Where 20% of the units are affordable to households at 60% AMI or below, these incentives may apply...
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City of Tumwater Wellhead Protection Ordinance
Date Added: Monday, March 21, 2016Aquifer Protection
State: Not Applicable
Tumwater, Washington, has three related aquifer protection ordinances. Tumwater’s Wellhead Protection is designed “to develop and implement a wellhead protection program to identify risks of contamination potentially impacting city wells, and to reduce or eliminate those risks.” The ordinance identifies four wellhead capture zones at six months, one year, five years, and ten years. Various activities are prohibited within these zones, with the six month zone being more prohibitive than the ten year zone...
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City of Independence Solar Access Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Independence, Kansas has created an entire article within its Code of Ordinances specifically for solar access regulations. The article authorizes the citizens of Independence to enter into solar easement agreements with other property owners. These easements shall establish the “solar skyspace” envelope within which it “shall be unlawful for the owner of real property to erect a building or structure or to allow a tree, shrub or other flora to case a shadow upon a solar collector.” The majority of the article is focused on regulations for thes..
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Unified Development Regulations
Date Added: Thursday, August 12, 2021Affordable Housing , Mixed/Multiple Use, Density, Infill
State: Not Applicable
The zoning code was amended to create a mixed-use residential district to promote infill while also maintaining community character. This technique would allow for much of the zoning code, and therefore community, to remain the same while certain aspects are changed to promote Missing Middle development. The city targets affordable housing as a major factor in this development...
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County of Howard, Maryland - Use of Solar Panels and Other Solar Devices in Historic Districts Guidelines
Date Added: Monday, June 11, 2018Historic District Preservation, Solar Energy, Zoning
State: Not Applicable
Howard County, Maryland offers guidelines for installing solar energy systems in historic districts. For example, one recommendation is to install solar panels on roof surface so it is not visible from a public way. The guidelines also include practices one should avoid, like removing historic roofing materials in order to add solar panels...
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City of St. Charles Fair Housing Commission Duties
Date Added: Monday, March 21, 2016Fair Housing
State: Not Applicable
This section of Chapter 94, Title IX to the St. Charles, Missouri code describes duties of the Fair Housing Commission. ..
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Providence's Anti-Displacement and Comprehensive Housing Strategy
Date Added: Tuesday, June 7, 2022Affordable Housing , Land Use Planning, Equity, Displacement
State: Not Applicable
Providence, Rhode Island’s Anti-Displacement and Comprehensive Housing Strategy creates a plan to increase the amount of affordable housing in the city and reduce the risk of displacement. This strategy also connected housing insecurity and displacement with COVID-19 and racial inequality. This strategy also includes land use strategies that can be used to create more affordable housing, preserve the current affordable housing stock, and keep people in their communities...
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City of Fairbault Zoning and Development Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Fairbault, Minnesota permits solar energy systems in all of its zoning districts. In a separate sub-section within its Code of Ordinances, Fairbault lists a few solar energy systems regulations that only apply to properties that have more than four square feet of solar panels. These regulations include a maximum of one hundred twenty square feet of solar panels on one property parcel; specific requirements for roof-mounted and ground-mounted systems; and that an applicant must obtain building and electrical permits for all systems over four squ..
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California Land Conservation Act
Date Added: Wednesday, February 10, 2016Agriculture, Farmland Protection & Preservation
State: Not Applicable
The California Land Conservation Act provides the authority for cities and counties to establish agricultural preserves to protect agricultural land uses. The Act permits cities and counties to enter into renewable contracts with landowners to designate land uses for a given parcel...
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City of Kissimmee City Manager to Administer Provisions Ordinance
Date Added: Friday, May 5, 2017Alternative Dispute Resolution, Fair Housing, Local Governance
State: Not Applicable
Section 4-2-9 of Title IV, Community Relations and Recreational Facilities, imposes on the City Manager, the duty of rectifying grievances using methods of persuasion, conciliation and mediation. ..
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Township of Mount Laurel Low & Moderate Income Housing – Enforcement; Violations & Penalties Ordinance
Date Added: Sunday, May 7, 2017Affordable Housing , Enforcement, Zoning
State: Not Applicable
Part II of General Legislation, Chapter 154, Article XVI, Section 154-131.14 D requires the township to encourage the resolution of disputes which violate the other provisions of the article through mediation and conciliation efforts...
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County of Blaine Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
State: Not Applicable
Blaine County, Idaho has created a number of zoning regulations in its county code. As part of its regulations, Blaine County has dedicated a chapter specifically for solar utilities facilities. These regulations include how collector system panels and mounts are to be installed; height restrictions of BIPB and roof collected mounted panels; and the way in which ground and pole mounted solar collectors are to be anchored. Blaine County has also created additional standards for solar energy systems located within the county’s overlay districts. ..
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Town of Oro Valley Zoning Code § 27.1(A) Solar Protection Regulations; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
State: Not Applicable
The Town of Oro Valley’s zoning code includes solar protection provisions that forbid the construction of any structure that would shade an adjacent building when the sun is more than 45 degrees above the horizon unless the applicant obtains written permission from the owner of the potentially shaded property. See Town of Oro Valley, AZ, Zoning Code § 27.1(A)...
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Traffic Safety Policy
Date Added: Thursday, April 26, 2018Healthy Communities, Traffic Calming & Safety
State: Not Applicable
The goal of San Diego, California’s “Mobility Element” plan is to develop a multi-modal transportation network that gets citizens where they want to go while minimizing environmental and neighborhood impacts. Among the goals of this policy, San Diego aimed to increase general traffic safety of pedestrians.
The city collaborated with community groups and interested private and public parties to design and implement safe pedestrian routes to schools, transit centers, and other highly frequented destinations. After locating these priority areas..
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Enhanced Public Rights of Way and Pedestrian-Oriented Features
Date Added: Thursday, April 26, 2018Healthy Communities, Complete Streets
State: Not Applicable
The Mobility Element section of San Diego’s Comprehensive Plan makes facilitating walking and biking as viable forms of transportation a priority for the city. The plan calls for the creation of mixed-use neighborhoods connected by public transportation; building residences closer to parks, schools, shopping, employment and transit; and a safe and accessible walking environment created by designing streets to increase pedestrian safety.
To accomplish this, San Diego plans to—among other things—enhance public rights of way, design site plans ..
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City of Ketchum Dark Sky Ordinance
Date Added: Thursday, January 19, 2017Lighting
State: Not Applicable
To protect the ability to view the night sky and conserve resources, the city of Ketchum passed a law known as the “Dark Sky Ordinance” in June of 1999. The ordinance regulates exterior lighting by requiring lights to shine downward only and reduce glare. Dr. Stephen Pauley, a local retired physician, was the visionary behind the ordinance. The town focused its efforts on an aggressive awareness campaign for businesses and residents, and provided inexpensive ways to change current fixtures. ..
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City of Santa Fe Escarpment Overlay District Ordinance
Date Added: Wednesday, April 19, 2017Overlay District
State: Not Applicable
Creates an overlay district in the area of the escarpment (ridgetop). Stricter regulations and more plans are required to build in the escarpment area. No new subdivisions may be permitted that are entirely in the escarpment overlay district...
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Early Community Outreach for Design Review
Date Added: Tuesday, July 17, 2018Pre-Application & Consensus Building, Equity
State: Not Applicable
In October 2017, the City of Seattle enacted a new set of regulations related to Design
Review, an official city process that has allowed community members as well as
professional planners and designers to weigh in on new development projects in Seattle
since 1994. Among the updates, is a measure that allows the Seattle Department of
Construction and Inspections (SDCI) to make rules for community outreach and early
design guidance for projects going through Design Review. Pursuant to this measure, SDCI
created a new rule for Early Communi..
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S.M.A.R.T Housing™ Ordinance
Date Added: Tuesday, June 7, 2022Affordable Housing , Impact Fees, Displacement
State: Not Applicable
Austin, Texas’s S.M.A.R.T Housing™ is housing that is safe, mixed-income, accessible, reasonably priced, transit oriented, and compliant with the city’s building code. The City’s S.M.A.R.T Housing™ program encourages the development of S.M.A.R.T housing™ by waving certain development fees and exempting the development fees from impact fees. In the City, a department cannot change an ordinance, rule, or process that impacts affordability of housing unless the City’s Neighborhood Housing and Community Development Department prepares an affordabil..
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Village of Bronxville Planning Board Rule of Reason
Date Added: Wednesday, April 12, 2017Local Boards
State: Not Applicable
The Village of Bronxville Planning Board and Design Review Committee is guided by a rule of reason when discharging its duties. Provisions the board follows are in accordance with legislative intent and are applied on the basis of reasonableness, consistency, practicability, fundamental fairness and interest of the applicant and Village...
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Town of Brookhaven Stormwater Drainage System Plan
Date Added: Monday, May 1, 2017Stormwater Management, Subdivision Regulations, Watershed Protection
State: Not Applicable
The Town of Brookhaven requires that all preliminary stormwater drainage system plans show storm drains and structures, capacity of stormwater recharge basins and watershed outlines with their approximate area...
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City of Iola Solar Access Ordinance
Date Added: Friday, April 14, 2017Solar Energy
State: Not Applicable
This ordinance dictates subdivision lot alignment in order to facilitate the use of solar energy systems, and establishes a program for solar skyspace easements to protect access to solar energy. It uses land-use regulations, not for a specific land-preservation goal, but for energy conservation purposes...
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Town of North Hampton Open Space Acquisition Ordinance
Date Added: Monday, October 17, 2016Land Acquisition
State: Not Applicable
This is the text of the ordinance that was brought to vote to allow North Hampton to authorize the issuance of bonds and notes and allow the selectman to use them toward the acquisition of property or easements. This ordinance, along with the open space committee, North Hampton Forever, has been working to acquire land...
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Town of Brighton Subdivision Regulations
Date Added: Saturday, May 6, 2017Environmental Compliance, Stormwater Management, Subdivision Regulations, Watershed Protection, Conservation Districts & Subdivisions
State: Not Applicable
This ordinance requires developers to create a drainage report, and describes all that must be included therein. The report must be in accordance with the Town of Brighton Minimum Specifications for Dedication and the Irondequoit Watershed Collaborative. ..
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County of Cherokee Lighting Ordinance
Date Added: Thursday, January 19, 2017Lighting
State: Not Applicable
This ordinance places restrictions on lighting in order to protect the views of the “starry skies” and increase safety on the roads for drivers...
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Town of Braintree Affordable Housing Ordinance
Date Added: Thursday, April 6, 2017Affordable Housing , Incentive Zoning, Density
State: Not Applicable
Chapter 5.18 of the Braintree, Vermont, Zoning Ordinance establishes that housing is affordable when households spend no more than one-third of their incomes on housing costs. The chapter allows density zoning incentives...
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Borough of Red Bank Planning & Development Regulations
Date Added: Thursday, April 13, 2017Pre-Application & Consensus Building
State: Not Applicable
This statute allows for an informal discussion period in the pre-zoning planning process. These discussions are non-binding. ..
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City of Shawnee Solar Easements Ordinance
Date Added: Thursday, January 19, 2017Solar Energy
State: Not Applicable
The solar easement ordinance establishes a program for solar skyspace easements to protect access to solar energy. It uses land-use regulations, not for a specific land-preservation goal, but for energy conservation purposes...
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Town of Warner Fast Food Density Cap
Date Added: Thursday, August 12, 2021Healthy Communities, Low Nutrition Uses, Equity
State: Not Applicable
Town of Warner, NH has an ordinance that requires fast-food and drive-in restaurants to be at least 2,000 feet apart. This caps the density of fast-food restaurants and helps prevent food swamps near important public places. ..
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Town of Ellington Age-Restricted Cluster Housing Zone
Date Added: Thursday, May 4, 2017Affordable Housing , Clustering & Cluster Development, Overlay District, Senior Housing, Zoning
State: Not Applicable
The Age-Restricted Cluster Housing Zone (ARCHZ) is a floating zone designed to increase availability of market rate privately developed, common interest communities for empty nesters and seniors, while maintaining the rural character of the town, preserving open space and protecting natural resources. ARCHZ zoned property shall only be used for single-family, attached or detached residential housing. Each unit must contain at least one individual 55 or over (or the survivor of such a person); and no more than one child, who must be at least 18 ..
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Recreation Complexes for Families
Date Added: Monday, June 4, 2018Healthy Communities, Parks & Recreation
State: Not Applicable
The Oneida Nation in Wisconsin created a Comprehensive Plan which outlines reservation-wide objectives to be met between 2005 and 2025. The “Parks and Recreation” chapter outlines three goals: provide the people of the Oneida Nation with a state of the art family fitness, adventure and recreation complex in Oneida; develop an interconnected reservation-wide trail system; and develop a “central Park” in central Oneida where families can come together to participate in healthy activities.
In building a recreation complex within Oneida, the com..
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City of New Rochelle, New York Code § 331-25 - Solar energy collectors
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
State: Not Applicable
New Rochelle, New York allows certain small-scale, roof-mounted systems as accessory uses under the City’s general accessory use definition. Solar energy collectors on one- or two- family dwellings, as well as those that cover less than 1,000 square feet of the roof area of other buildings, require only a building permit...
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Worcester County, Maryland Alternative Energy Facilities Regulation
Date Added: Thursday, June 30, 2016Alternative Energy, Solar Energy, Zoning
State: Not Applicable
In its alternative energy facilities regulation, Worcester County defines solar energy systems, in part, based on energy capacity. It defines large solar energy systems as those with a rated capacity of two hundred kilowatts or greater. Medium solar energy systems are ground-mounted systems with a rated capacity greater than five kilowatts but less than two hundred kilowatts or roof-mounted systems of any capacity in excess of five kilowatts. Finally, small solar energy systems have a rated capacity of five kilowatts or less. ..
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City of Albuquerque Subdivision Plat Procedures & Submission Ordinance
Date Added: Sunday, March 19, 2017Alternative Dispute Resolution, Local Boards, Pre-Application & Consensus Building
State: Not Applicable
There is a moment reserved in the process for subdivision plat approvals where the applicant may be advised to schedule a review session with the Development Review Board by the Planning Director. In addition, mediation is considered as one of several methods of resolving conflicts arising through the complaint process for regulations in the zoning code, including those for community residential programs and emergency shelters. ..
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Village Of Aurora Emergency Dwellings Ordinance
Date Added: Tuesday, May 23, 2017Zoning, Post-Disaster Management
State: Not Applicable
If a dwelling is rendered uninhabitable due to fire, flood, or similar natural or manmade disaster, the Zoning Board of Appeals may authorize the placement of an emergency dwelling in that location. The units must meet all applicable building, fire, health, and other codes. An emergency dwelling must have running water and be connected to a totally enclos