• an interconnected network of streets to give motorists alternate routes and avoid concentrating traffic onto a single busy road;
  
  
• a town center with a small grocery store or convenience store and other essentials (including, ideally, mass transit links;
  
  
• formal plazas and greens, the most prominent of which are usually located in the center of the community;
  
  
• a mix of uses and housing types in close proximity, usually including detached houses, row houses and apartments and in the town center, apartments built above the stores;
  
  
• higher density; and
  
  
• pedestrian-oriented design, achieved through the combination of narrow street widths, sidewalks, street trees, houses which are close together — and close to the street — and alleys, which relocate the garages to the rear of the lot and remove the clutter of garage doors and driveways from the streetscape.
  

Are TNDs towns, or do they have homeowners’ associations?

Although some TNDs may eventually become incorporated as separate municipalities, and some TNDs are maintained by special taxing districts, the vast majority of TNDs rely on a homeowners’ association to maintain commonly held property. Even those TNDs with dedicated streets and parks or a special taxing district generally rely on an owners’ association to enforce covenants and restrictions and to maintain areas such as alleys which are rarely accepted for dedication.

What’s the best legal structure for a TND?

Each TND is different, and the design of the TND directly influences the legal structure of the associations. Although the design and size of the community are the major considerations, structure is also influenced by several other factors, such as who is anticipated to be the ultimate owner, or owners, of the commercial center; the topography; state and local law; and the personal preference of the developer. While smaller TNDs may be developed with a single association, most TNDs have a separate association or management entity for the town center. When the town center is maintained separately, the two areas need to be linked to allow residents within town center access to recreational facilities which are in the primarily residential areas.

How is legal documentation different for a TND compared to other communities with an owners’ association?

Homeowner association documentation differs from other communities primarily due to the close proximity - and intermingling - of commercial and residential uses. In addition, TNDs have extremely strict architectural control. Documents must pay attention to the special uses, and particularly the mix of uses, that occur in a well-designed TND. To do this, all documents need both protection for the varied uses, and flexibility to accomplish the dynamic, vital streetscape that the planners intend.

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