CP Adds Flashcards
LAND
1) State 1st test land developer faces.
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2) What must he do if he fails the test?
LAND
1) Is is proposed use compatible w/ CP?
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2) Amend CP.
Define LOS.
LAND ----------- unit it has to give, unit they demand ----------- Level of Service Std = unit capacity to unit demand
LAND ----------- State the 3-part test a rezoning request must meet. --- If it passes, what is next test?
LAND ----------- 1. In the public’s interest, 2. Consistent w/ CP & 3. Compatible w/ surrounding uses. --- 1. Do we need to enter into a dev agmt? (a) Is the road in the cap impr PLAN. (b) If not, need to amend CP. --- 2. Address concurrency. (a) How does this impact LOS? (b) the government’s demand for property from a land-use permit applicant must satisfy the requirements of Nollan and Dolan even when the government denies the permit and even when its demand is for money.”
LAND ----------- State the 2 step analysis of wh/ Parties need to enter a Dev. Agmt (ex. one builds a road for a desirable subdivision?). --- STEP #1: What is it dependent upon? --- STEP #2: If met, what is step #2?
1) Look to see if in capital improvement PLAN (part of cap imp ELE).
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2) Address concurrency.
(a) What is the traffic impact of a development. (b) How will it effect the LOS?
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For roads, the LOS will fail b/c of this proposed request. In order to proceed we’ll need to amend the CP & enter a developer’s agreement.
Capital Improvement Plan is part of what?
A piece of the capital improvement element. Every LG has to have a capital improvement plan. Any road is in the capital improvement plan. Why? b/c you need to have agreed w/ the public that general operating funds wd be spent on this road during the life of the plan.
Address concurrency. What is the traffic impact of a development. How will it effect the LOS? For roads, the LOS will fail b/c of this proposed request. In order to proceed we’ll need to amend the CP & enter a developer’s agreement.
Why wd all roads be reflected in the capital improvement PLAN?
To agree w/ the public that general operating funds wd be spent on this road during the life of the plan.
Address concurrency. What is the traffic impact of a development. How will it effect the LOS? For roads, the LOS will fail b/c of this proposed request. In order to proceed we’ll need to amend the CP & enter a developer’s agreement.
Does every LG have to have a capital improvement PLAN?
Yes.
What do you say when your LG has proposed crazy exactions to Applicant Developer?
LAND ----------- LG’s demands upon a land-use permit applicant- (1) must satisfy the requirements of Nollan and Dolan i.e. nexus (2) even when LG denies the permit & (3) even when its demand is for money. ----------- Koontz