ABSTRACT
This Chapter contains model statutes that address various special issues in land development regulation, including environmental issues. In a sense, this Chapter is a continuation of Chapter 8, which deals with more general or ‘typical’ land development regulations. The first three Sections are intended to implement particular elements of the local comprehensive plan, adopted pursuant to Chapter 7, Local Planning. The protection of, and regulation of development in, critical and sensitive areas and natural hazard areas is addressed in Section 9–101. Section 9–201 is concerned with transportation demand management. And Section 9–301 authorizes regulations for the protection of historic properties and districts and for the preservation of aesthetic design standards in specific districts.
The second group of statutes provides flexible tools for balancing the need to protect the public and the environment with the rights of property owners. The first two Sections in this group, 9–401 and 9–402, authorize transfer of development rights from one property to another and the purchase of development rights by the local government. The Section on conservation easements, 9–402.1, provides the legal instrument through which the transfer or purchase of development rights is implemented. And the mitigation Section, 9–403, authorizes local governments to permit development in otherwise-undevelopable critical and sensitive areas, such as wetlands, in exchange for the creation or restoration of replacement critical and sensitive areas elsewhere.
A final model statute, Section 9–501, authorizes land development regulations that provide density and intensity incentives for affordable housing, good community design, and open space donation.
