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

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.

• Foreword, Andrés Duany viiPreface xiAcknowledgments xvCHAPTER 1 TO SUBURBIA AND BACK: HOW URBANIST LAW IS DIFFERENT 1Dan Slone, Doris Goldstein, and Andy GowderCHAPTER 2 SUSTAINABLE URBANISM 29Dan SloneCase Study: The Navy Yard at Noisette 47CHAPTER 3 TWEAKING THE SYSTEM: GETTING PROJECTS BUILT AND CODES CHANGED WITHIN THE EXISTING ZONING FRAMEWORK 63Chris Brewster, Matt Lawlor, Brian Ohm, and Mark WhiteCHAPTER 4 CHANGING THE RULES: NEW APPROACHES TO ZONING 89Brian Ohm and Mark WhiteForm-Based Codes, Bob Sitkowski and Bill Spikowski 111The Smart Code, Chad Emerson 128CHAPTER 5 FIEFDOMS AND FIRE TRUCKS: OVERCOMING IMPEDIMENTS IN THE SUBDIVISION, PLAT-REVIEW, AND SITE-PLAN PROCESSES 149Dan SloneCHAPTER 6 RETOOLING THE COMMON-INTEREST COMMUNITY 179Doris S. GoldsteinCase Study: Seaside, Florida 218CHAPTER 7 SPECIAL BUILDING TYPES 227Doris S. GoldsteinCHAPTER 8 LITIGATION 255Andy GowderCase Study: The Fight for Entitlements: I ’ On, Mount Pleasant, South Carolina 275CHAPTER 9 FEDERAL POLICY, INITIATIVES, AND ALLIANCES 289Chris Brewster and Matt LawlorCHAPTER 10 STRATEGIES FOR CHANGE 313Dan SloneAPPENDIX: AN APPROACH TO GREENING PROJECTS OR MUNICIPALITIES 333BIBLIOGRAPHY AND RESOURCES 338INDEX 346

"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)