A Legal Guide to Urban and Sustainable Development for Planners, Developers and Architects

Practical guide to the legal issues of using urbanist and sustainable development principles By examining and explaining the particular legal issues that accompany urbanist design and sustainable development, this timely book shows urban planners, developers, designers, and architects how to make the law work for them in planning and executing sustainable urban projects. Written by experienced attorneys, this book thoroughly explains the practical implications of the current law and legal theories surrounding urbanism and sustainability, and forecasts its future directions. Using case studies, photographs, and illustrations, this book offers real–world solutions to the legal issues of urban and sustainable development, including: Incorporating good urban design principles into local land regulation Overcoming impediments to urban and sustainable design practice Getting projects built and codes changed within the existing zoning framework Using fundamentally new approaches to zoning Managing and coping with litigation Structuring and operating the mixed–use common interest community Understanding legal issues specific to urbanist building types Avoiding unnecessary conflicts between urbanist codes and sustainability codes Collectively, the authors have handled every aspect of urbanist law. The two lead authors, Daniel K. Slone and Doris S. Goldstein, are attorneys who are pioneers in the field, having worked with architects, planners, city officials, and developers at the vanguard of urban planning and sustainability. Their comments and firsthand experience, interspersed throughout the book, help illuminate how the law governs day–to–day planning and development activities. The movements toward sustainable and urbanist development are changing the landscape of America. Armed with this book, you can confidently navigate through the law as you initiate an urban development project and see it to fruition.

Foreword (Andres Duany). Preface. Acknowledgments. Chapter 1: To Suburbia and Back: How Urbanist Law is Different (Dan Slone, Doris Goldstein, and Andy Gowder). Chapter 2: Sustainable Urbanism (Dan Slone). Case Study: Navy Yard at Noisette. Chapter 3: Tweaking the System: Getting Projects Built and Codes Changed Within the Existing Zoning Framework (Chris Brewster, Matt Lawlor, Brian Ohm, and Mark White). Chapter 4: Changing the Rules: New Approaches to Zoning (Brian Ohm and Mark Whte). Form–Based Codes (Bob Sitkowski and Bill Spikowski). The Smart Code (Chad Emerson). Chapter 5: Fiefdoms and Fire Trucks: Overcoming Impediments in the Subdivision, Plat–Review, and Site–Plan Processes (Dan Slone). Chapter 6: Retooling the Common–Interest Community (Doris S. Goldstein). Case Study: Seaside, Florida. Chapter 7: Special Building Types (Doris S. Goldstein). Chapter 8: Litigation (Andy Gowder). Case Study: The Fight for Entitlements: I′On, Mount Pleasant, South Carolina. Chapter 9: Federal Policy, Initiatives, and Alliances (Chris Brewster and Matt Lawlor). Chapter 10: Strategies for Change (Dan Slone). Appendix: An Approach to Greening Projects or Municipalities. Bibliography and Resources. Index.

Daniel K. Slone is a partner in the Richmond, Virginia, office of the law firm McGuireWoods LLP. As a consultant and legal counsel, he represents developers, green businesses, and municipalities around the world, advising them on neighborhood development, environmental issues, land use, utilities, and complex business and real estate matters. Mr. Slone is the national counsel for both the U.S. Green Building Council and the Congress for the New Urbanism. Doris S. Goldstein is an attorney whose practice focuses on new urbanist communities, beginning with Seaside, Florida, in the 1980s. In addition to her ongoing involvement with Seaside, Ms. Goldstein represents developers of mixed–use, pedestrian–friendly communities throughout the county. Her work extends past the development stage to include operational issues, giving her unique practical experience and insight. Contributing author W. Andrew Gowder Jr. is a litigating attorney with particular experience in urban and sustainable development. Other contributors include experienced attorneys and planners with special insight into planning and zoning practice.

"In short, this book is an excellent resource and one that should be read and used as a reference for project design and implementation." ( Lawoftheland.com , 10/11/08) "…is a primer for practicing architects, urban designers, and urban planners on legal and contractual issues that accompany the emerging field of sustainable urban design." ( Green InSight Newsletter , Oct 2008) "Immensely practical, this guidebook is loaded with techniques that can enable New Urbanism to jump hurdles erected by the legal system, the political apparatus, and the day–to–day difficulties of community life. Each chapter stands on its own, and there are case studies and dozens of sidebars, so you can read the book from start to finish or you can jump in and out. This book is so informative that new urbanists will soon be asking themselves how they ever got along without it." ( New Urban News , September 2008)