Appendix A. Summary of Key Distinctions Regarding Potential Management Tools
|
Conventional Zone |
Conditional Zone |
Master Land Use Plan; |
Site Plan Review |
Development Agreement |
Process |
Legislative |
Legislative |
Quasi-judicial |
Administrative |
Legislative |
Scope of Standards |
Limited by zoning authorization |
Limited by zoning authorization, plan/ordinance consistency, impacts of project; requires owner approval |
Limited to pre-determined standards in the ordinance (including health, safety, welfare) |
Limited to pre-determined standards in the ordinance; all standards must be objective |
Limited to agreement by both parties and not inconsistent with development agreement statute |
Community impacts/Mitigation measures |
No unique requirements allowed |
Flexibility allowed, but must be within scope of standards noted above; owner agreement required |
Rational nexus to project impacts; exactions no more than roughly proportional to project impacts |
Site specific and only to secure ordinance compliance |
Subject to Town-University agreement |
Overall project design flexibility |
No |
Yes |
Yes, but only within area covered by SUP |
No |
Yes |
Vesting |
No |
No |
Two to five years for SUP |
No |
Yes for term of agreement (not more than twenty years) |