5.9 - Laserfiche WebLink

Home Browse Search

• § 13.04 GROWTH MANAGEMENT 13-23 trolled growth to flourish during the period of the plan's formula- tion." In Stoney-Brook Development Co. n.Fremont,4S the Court applied the Beck rationale to invalidate a growth restriction.The challenged plan and zoning ordinance limited the number of permits which could be issued for new dwellings annually to 3 percent of the num- ber of dwellings in the town at the start of the year. The court concluded that the 3 percent growth rate was not the normal,unre- stricted growth rate, nor did it reflect an assessment of community development needs and careful study contemplated by either Beck or the zoning statute.46 Finding that the plan failed to address the ultimate objective of relaxing or ending growth controls, the Court directed the town to develop a comprehensive plan within two years for phasing in growth and providing public facilities.47 § 13.04 Types of Land Development Regulations Used in Growth Management [1] Adapting Controls to Guide Growth Land development regulations are widely accepted as tools for 1111 plan implementation.1 While zoning is primarily used as a tool for separating uses in developed areas, some jurisdictions permit its adaption to growth management purposes. For example, compre- hensive downzoning2 in outlying areas may prevent haphazard or premature development.In some jurisdictions,zoning classifications 44 Id.at 852[emphasis in original];accord Conway v.Stratham,414 A.2d 539(N.H. 1980)(growth-regulating amendments to local zoning and subdivision laws without a master plan could not continue beyond one year).See also Steel Hill Dev.,Inc.v.Town of Sanbornton,469 F.2d 956(1st Cir. 1972). 45 474 A.2d 561 (N.H. 1984). 46 Id. at 852. The court stated that growth rate limits must be supported with "scientific,statistical"evidence.Although a town need not hire a consultant,a solid scientific,statistical basis is the key element in land use regulation.Id. 47 Id.at 852. 1 See generally Godschalk,Brower,McBennett,Vestal,and Herr,Constitutional Issues of Growth Management 406-13(1979). In a survey regarding the present or anticipated adoption of various growth management techniques,over 90 per cent of the respondents indicated current use of conventional zoning and subdivision regula- tions.Id.at 409.See also § 64.02,infra. 2 See§ 13.04[2].See also §§ 27.02[3], [4],infra. (Release #25, 7/87) 1111