Legal planning

Chapter 11 of the New Urbanism Best Practices Guide

Legal planning for new urban communities begins with examining the master plan and envisioning the community that will be built from it. The community’s design — its size, mix of housing types, type and volume of retail, street design, placement common areas, and even physical barriers — directly influences the legal structure of the community and any property owners’ associations. The legal structure is also influenced by financial objectives (such as whether the developer intends to maintain a long-term interest in the commercial center), state and federal law, whether the local government will take the streets and parks for dedication, and the developer’s personal preferences.

This chapter, by Doris Goldstein, an attorney who focuses on new urban development, outlines the innovative use of covenants and restrictions tailored to new urbanist communities. It offers suggestions for structuring the community to achieve both design and financial objectives. Goldstein looks at how new urban communities differ from conventional developments —by having ordinances and codes, for example, that require land to be set aside for civic buildings and gathering places. Other differences: New urban communities don’t wall people out, and they have strict architectural controls. Topics covered include owners’ associations and private covenants; alternatives or adjuncts to owners’ associations; tax-exempt organizations; special considerations for a town center; specialized building types; and making association documents and architectural codes work.

This chapter is adapted from A Legal Guide to Urban and Sustainable Development for Planners, Architects and Developers, by Doris Goldstein and Dan Slone (Wiley Publishing Company).