1. Risk Management in Planning & Zoning Decisions Paul M. LeBlanc, AICP President, LSL Planning, Inc.

2. What is the Master Plan? Policy guide for community development Assessment of community strengths & weaknesses Vision for the future More than a map

3. How does the Plan Relate to Zoning? Zoning decisions based on Plan Long-range vs. short-range Guide vs. regulation

4. Use of the Plan Foundation for zoning decisions Vision for the future Basis for capital improvements Support grant requests

5. What Goes Into a Good Plan? Community input Existing conditions analysis (demographics, trends, land use, natural features, infrastructure, surrounding communities) Vision & goals Recommendations (map & text) Implementation strategies

6. Making the Plan Defensible Adhere to “public purpose” / “legitimate governmental interest” promote public health, safety & welfare use resources in accord w/character & adaptability avoid overcrowding lessen congestion on public roads facilitate provision of public services & improvements consider township character & suitability for particular uses

7. Making the Plan Defensible Data base/rationale Consistent use of Plan Regular review & update Amend, if needed Implement recommendations Realistic, achievable goals Correct errors/short-comings ASAP

8. Making the Plan Defensible Consider “demonstrated need” & location “A zoning ordinance or zoning decision shall not have the effect of totally prohibiting the establishment of a land use within a township in the presence of a demonstrated need for that land use within either the township or surrounding area within the state, unless there is no location within the township where the use may be appropriately located, or the use is unlawful.”

9. Making the Plan Defensible Don’t abdicate the decision-making role to the public

10. Considering Natural Features & Infrastructure Ensure reasonable use of all property Relate to public purpose Use authoritative data

11. Saving Farmland & Rural Character Avoid takings Balance of uses throughout township Don’t confuse ag. preservation with rural preservation Strong rationale for designation Consistent zoning regs. (purpose, uses permitted)

12. Common Problems/Mistakes Plan too general No longer relevant/out-of-date Over-reliance on public sentiment Exclusionary Unreasonable recommendations Conflicting goals/policies Recommendations not implemented

13. Making Effective Decisions Follow the Rules Deliberate in the Open Make clear Motions Stick to the Standards Adopt Findings Be Consistent

14. Common Counts in Zoning Litigation Taking Exclusionary Arbitrary & capricious No legitimate governmental purpose Due process (substantive & procedural) Discrimination Damages

15. Avoiding Exclusionary & Takings Claims Be reasonable Buy it if you want it Public good vs. private property rights Don’t be arbitrary Provide rationale if some uses can’t be accommodated Relate spectrum of uses to infrastructure, growth, reasonable expectations

16. Considerations to Minimize Risk Don’t be bound by precedent Follow zoning ordinance standards Use the Plan & keep it up-to-date No time limit on decisions, but be reasonable Keep good records Adopt findings/reasons Don’t be influenced by public opposition Be conscious of role & responsibility Know limits of authority Keep informed Correct errors ASAP

17. Case Studies

18. Discussion