Essential Smart
Growth Fixes
for Rural
Planning,
Zoning, and
D evelopment
Codes
United States
Environmental Protection
Agency
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ACKNOWLEDGMENTS
Principal author:
Kevin Nelson, AICP, Office of Sustainable Communities
Contributing content experts:
Chris Duerksen, Esq., Clarion Associates
Faith Ingulsrud, State of Vermont
Lee Nellis, FAICP, Round River Planning
Dru Schmidt-Perkins, 1,000 Friends of Maryland
Leslie Oberholtzer, Farr Associates
Reviewers:
Tim Davis, Sonoran Institute
Dave Mills, City of Ranson, West Virginia
Hugh Morris, National Association of Realtors
David Sears, U.S. Department of Agriculture Rural Development
Contributors and reviewers from U.S. Environmental Protection Agency:
Bicky Corman, Office of Policy
Andy Grassland, Office of Water
Matthew Dalbey, Office of Sustainable Communities
John W. Frece, Office of Sustainable Communities
Bonnie Gitlin, Office of Water
Melissa Kramer, Office of Sustainable Communities
Kellie Kubena, Office of Water
Lynn Richards, Office of Sustainable Communities
Megan Susman, Office of Sustainable Communities
Maureen Tooke, Office of Water
February 2012
Cover photos (left to right): Keene, New Hampshire, courtesy of the city of Keene;
Galesville, Wisconsin, courtesy of EPA; Edwards, Colorado, courtesy of Clark Anderson
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CONTENTS
Introduction 1
1 | Determine Areas for Growth and for Preservation 5
2 | Incorporate Fiscal Impact Analysis in Development Reviews 9
31 Reform Rural Planned Unit Developments 13
41 Use Wastewater Infrastructure Practices That
Meet Development Goals 17
51 Right-Size Rural Roads 23
61 Encourage Appropriate Densities on the Periphery 27
71 Use Cluster Development to Transition
From Town to Countryside 31
81 Create Annexation Policies and Development Standards
That Preserve Rural Character 35
91 Protect Agricultural and Sensitive Natural Areas 41
101 Plan and Encourage Rural Commercial Development 45
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INTRODUCTION
Most rural communities want to maintain their rural character
while also strengthening their economies. Many fast-growing
rural areas are now at the edge of major metropolitan regions
and face metropolitan-style development pressures. They
seek to manage new growth in a way that promotes prosperity
yet is sustainable over the long run. But even slow-growing
or shrinking rural areas, which often suffer from faltering
economies and population decline, might find that their growth
management policies are not resulting in the prosperity they
seek.
Fortunately, a variety of proven tools and strategies can help
rural communities thoughtfully consider how and where to grow.
For example, communities that want to maintain their rural
character and economic vitality could decide to adopt mixed-
use zoning for their Main Street buildings and commercial
areas, policies to better manage stormwater runoff, and design
requirements for complete, connected streets. Strategies like
these are used in communities of all sizes around the country.
Small towns and rural areas generally have fewer financial,
technical, and staff resources to draw on in responding to
development proposals and growth pressures than their urban
and suburban counterparts. As a result, rural communities need
to identify strategies that they are able to implement with their
resources.
This publication provides a range of strategies organized around
10 chapters that focus on key issues that rural communities
face. It is intended to provide smart growth policy options that
communities can implement. These policies can help small
towns and rural areas ensure that their development is fiscally
sound, environmentally responsible, and socially equitable.
This publication is a companion to Essential Smart Growth
Fixes for Urban and Suburban Zoning Codes.' While many
of the essential fixes from that document can be adopted in
communities of any size, this publication provides additional
Seneca Falls, New York, has a thriving downtown with streets that are pleasant
to walk along. Its "heritage area" designation preserves its history and attracts
visitors.
options specifically for rural communities. This publication
does not provide model codes; rather, it offers a range of
options communities can consider implementing to make
their development patterns more fiscally and environmentally
sustainable.
Some rural parts of the United States do not engage in planning,
zoning, or creating building codes. Since land use authority
largely rests at the local level, local decision-makers have this
prerogative. This document contains resources that can help rural
communities along the spectrum of local land use controls.
With planning and zoning that supports their vision, rural
communities can flourish and improve the quality of life for
their residents, attract and support businesses, and provide new
opportunities while protecting the way of life they cherish. This
document identifies methods for getting the type of development
that works best in a rural context.
1 EPA. Essential Smart Growth Fixes for Urban and Suburban Zoning Codes. 2009.
EPA231-K-09-003. http://www.epa.gov/smartgrowth/essentiaLfixes.htm.
1 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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INTRODUCTION
SMART GROWTH IN RURAL AREAS
Smart growth development approaches benefit the economy.
the environment, public health, and the community as a whole.
In rural communities, smart growth strategies address the
relationship between the land and the small towns and villages
that support rural economies. Working agricultural lands.
prairies, forests, and natural resource extraction historically
drove the economy in many rural towns. Hamlets and villages
grew as places to trade goods and services and as transportation
hubs that connected the land-based economy to markets.
Historically, these places were economic, civic, cultural, and
social hubs. The villages had many of the characteristics that
even today are important attributes of attractive, healthy places.
Homes were within walking distance of stores and workplaces;
land was used efficiently by clustering village-related uses in
the village and keeping farms and other working lands as large
swathes of land with little or no development to interfere with
the economic uses.
The International City/County Management Association's
Putting Smart Growth to Work in Rural Communities discusses
trends affecting rural America today and how rural communities
can use smart growth strategies to prosper. That publication
suggests that if communities want to maintain their rural
character, they should pursue three goals using smart growth
approaches:
Support the rural landscape by creating an economic climate
that enhances the viability of working lands and conserves
natural lands.
Help existing places thrive by taking care of assets and
investments such as downtowns, Main Streets, existing
infrastructure, and places that the community values.
Create great new places by building vibrant, enduring
neighborhoods and communities that people, especially
young people, do not want to leave.2
By growing and revitalizing historic town centers and ensuring
that new growth and development reinforce traditional patterns.
rural communities can protect the way of life that their residents
treasure while supporting economic growth and bringing new
opportunities. Essential Smart Growth Fixes for Rural Planning,
Zoning, and Development Codes can help rural communities find
the right tools to put their vision into practice.
SMART GROWTH PRINCIPLES
Since the mid-1990s, the Smart Growth Network, made
up of organizations representing diverse interests, has
been identifying best practices, policies, and strategies that
help communities get the results they want from growth.3
The network developed 10 smart growth principles, based
on experiences of communities around the country. The
principles are flexible enough to apply to all types of
communities, from rural to urban.
Mix land uses.
Take advantage of compact design.
Create a range of housing opportunities and choices.
Create walkable communities.
Foster distinctive, attractive communities with a strong
sense of place.
Preserve open space, farmland, natural beauty, and
critical environmental areas.
Strengthen and direct development toward existing
communities.
Provide a variety of transportation options.
Make development decisions predictable, fair, and cost-
effective.
Encourage community and stakeholder collaboration in
development decisions.
2 ICMA. Putting Smart Growth to Work in Rural Communities. ICMA and Smart
Growth Network. 2010. p. 1. http://icma.org/ruralsmartgrowth.
3 For more information about the Smart Growth Network, see: Smart Growth
Online. Smart Growth Network, http://www.smartgrowth.org/network.php.
Accessed December 21, 2011.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 2
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INTRODUCTION
RURAL COMMUNITY CATEGORIES
There are many ways to describe rural communities based on
their economic, geographic, or design characteristics. Certainly.
each community is unique, and rural communities can include
a number of complex and contradictory qualities. However.
characterizing them can help identify common challenges they
might be facing as well as opportunities that could help them
adopt a more sustainable approach to growth and development
in the future. Most rural communities can be grouped into one of
five categories,4 though many may fall into more than one:
• Gateway communities are adjacent to high-amenity
recreational areas such as national parks, national forests.
and coastlines. They provide food, lodging, and associated
services. Increasingly popular places to live, work, and
play, gateway communities often struggle with strains on
infrastructure and the natural environment. Many of these
communities also experience seasonal population cycles
that can strain resources.
• Resource-dependent communities are often home to single
industries, such as farming or mining, so their fortunes
rise and fall with the market value of that resource. A
key challenge facing resource-dependent communities is
diversifying the economy while maintaining their rural
quality of life and character.
• Edge communities are located at the fringe of metropolitan
areas and typically connected to them by state and interstate
highways. Residents have access to economic opportunities.
jobs, and services. More affordable housing and access
to metropolitan amenities have made many of these edge
areas grow at a faster pace than their metropolitan areas as a
whole. But precisely because they are such attractive places
to settle, edge communities often face pressure to continue
to provide more housing and services to new residents.
• Traditional Main Street communities have a central
commercial street as the focus of the town, with adjacent.
compact, established neighborhoods. In addition.
historically significant architecture and public spaces
provide valuable resources upon which to build. Still, these
communities often struggle to compete for tenants and
customers with office parks, regional malls, and large stores
that rarely locate on rural Main Streets.
• Second-home and retirement communities might overlap
with some of the above groups, particularly edge
communities and traditional Main Street communities.
Like gateway communities, second-home and retirement
communities struggle to keep pace with new growth while
maintaining the quality of life that drew residents in the first
place.
The fixes described in this publication are intended to be
applicable in each of these rural community types.
HOW TO USE THIS PUBLICATION
This publication sets forth several actions that small-town and
rural jurisdictions could take to address some of their most
challenging growth issues. Rural communities around the
country have used these actions to guide development. These
essential fixes, identified by a national panel of rural smart
growth experts, can address specific development issues or
become a foundation for more comprehensive revisions. This
publication describes policy options and does not present a
recipe or a prescribed order for implementing these policies.
Each community must determine what is appropriate for its
needs and context.
Each essential fix contains six sections:
Introduction: A discussion of the issues and growth-related
challenges.
Response to the problem: An overview of how local
governments might respond.
Expected benefits: How local governments and
communities might benefit from addressing the issues.
Steps to implementation: Modest adjustments.
major modifications, and wholesale changes that local
governments could make to their land use plans and codes
to address the issues.
Practice pointers: Common-sense considerations in
assessing alternative implementation approaches.
Examples and references: A list of general references on
the topic, as well as examples of local government plans and
development codes.
4 These five typologies were developed by the authors of Putting Smart Growth
to Work in Rural Communities through discussions with Smart Growth Network
partner organizations as well as organizations outside the network.
3 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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INTRODUCTION
In addition, the chapters describe some implementation
strategies, financial tools, funding sources, and related policies
suited to rural areas, as well as financing and local capacity
issues—such as lack of resources, investment capital, and local
staff capacity to drive public-private partnerships.
While this publication is divided into 10 fixes, each fix works
best when done in combination with others. For that reason.
chapters sometimes refer to another chapter. For example, a
discussion of directing growth toward town centers is incomplete
without a discussion of protecting agricultural and natural
lands outside the town. To avoid duplication, each chapter
keeps to a fairly narrow discussion and assumes the reader
will read the rest of the publication. Also, keep in mind that
rural communities have many strategies at their disposal to
determine where and how growth happens; this publication
looks only at land use strategies and not at the full toolbox. Not
every step to implementation is going to work the same way
in each community. Regional, socioeconomic, and geographic
considerations affect how and whether a particular idea might be
implemented locally.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 4
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II
DETERMINE AREAS FOR GROWTH
AND FOR PRESERVATION
INTRODUCTION
Many rural towns have found they can improve their overall
quality of life by determining specific areas intended for growth
and those that are to be preserved. A long-term, proactive plan
establishes growth priorities. Communities can then review
individual development proposals with an eye toward how they
connect to comprehensive planning goals. This chapter discusses
this issue and ideas for addressing it.
Rural towns and counties are recognizing that they need
to designate areas where growth makes the most sense.
Communities find this strategy desirable for a variety of reasons:
It allows them to provide government services and
infrastructure more cost effectively.
It makes it easier to preserve the open space, agricultural
lands, and natural resource areas that are critical to rural
character and rural economies.
It lets them provide housing in a variety of types, sizes, and
price ranges with access to jobs, services, shopping, schools,
and places of worship.
It reinforces community character based on historic town
patterns.
It creates predictability and guidance for private developers
to match the community vision.
It creates more energy-efficient and sustainable communities
that make it easy and appealing for people to walk or bike
around town. In addition to reducing air pollution from cars,
walking or biking to destinations is an easy way to get more
of the daily physical activity that doctors recommend.
To accomplish these goals, local governments often need to
revise their land use plans, development codes, and capital
improvement plans to reinforce their community's choices about
where it wants development to occur. They must also identify
Community workshops, such as this one in Bluffton, South Carolina, bring
residents together to determine the most appropriate locations for future growth
and development.
growth areas and make them more attractive to the development
community than other areas where the community does not want
development. This section focuses on strategies for growth areas
and town centers.
While this chapter covers steps communities can take to identify
designated areas for growth, it does not comprehensively
discuss resources and ideas for supporting thriving towns and
villages. A discussion of policies that relate to this topic can be
found in Chapter 2 of Putting Smart Growth to Work in Rural
Communities.5
RESPONSE TO THE PROBLEM
To designate growth areas in rural towns and counties,
communities should undertake comprehensive planning using a
participatory stakeholder and citizen engagement process. They
also need analysis and data that justify the designation of specific
growth areas. Justification might include fiscal impact analysis,
cost of infrastructure studies, traffic modeling, water quality
assessments, delineation of natural and cultural resource areas,
and identification of prime agricultural lands.
5 ICMAop. cit., p. 17.
5 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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DETERMINE AREAS FOR GROWTH AND FOR PRESERVATION
Many communities have used regional scenario planning,
which engages participants in envisioning alternative futures
and then models the impacts and benefits of several options.
In this process, the resulting preferred vision is often adopted
into local and regional plans and policies. The vision also
typically describes what makes the community a distinctive
and attractive place. Many communities use scenario planning
to identify areas for preservation and areas designated for
growth. The growth areas are linked by transportation networks
that include roads, transit, and walking and biking trails. The
preferred growth areas also typically take advantage of existing
or planned improvements to other infrastructure. Although
scenario planning is especially effective in high-growth areas, it
can also be useful in slow-growth or no-growth environments,
where growth in outlying areas can leave behind existing homes,
neighborhoods, and underused infrastructure. Communities can
typically conserve fiscal resources by encouraging development
in areas with existing infrastructure or even in areas where
infrastructure needs to be updated. However, replacing
inadequate infrastructure might not always be cost-effective.
Town centers contain a concentration of land uses, usually
commercial, but in many cases, residential and institutional as
well. A town center can be the geographic center of a town, or a
development built to serve market demand for specific land uses.
If sited based on a planning and analysis process as described
above, new town centers can provide a high quality of life,
housing and transportation choices affordable for people with
a range of incomes, many opportunities for social interaction,
and cost-effective infrastructure and services. Rather than
competing with existing towns, new town centers can develop
a symbiotic relationship with surrounding communities through
strong transportation connections, including efficient transit
service where appropriate, and a shared sense of purpose created
through a planning and visioning process.
Growth in many rural towns is so gradual that it is not always
perceived as a concern, but at some point, some communities
find that many residents oppose growth as increased
development and traffic change the community's character. A
clear set of principles developed through a broad community
process and incorporated into the comprehensive plan can
provide a framework for determining whether proposed
developments fit with the desired community character and help
achieve the community's economic, environmental, and social
goals. The comprehensive plan and codes could also require that
Central Market in Lancaster, Pennsylvania, is the oldest publicly owned,
continuously operated market in the country. It is in the heart of an infill area that
took advantage of existing infrastructure to build new offices, stores, and homes.
large development proposals include a charrette6 to incorporate
community input into their designs. For the sake of coordination
and resource leveraging, it is helpful for towns to collaborate
with surrounding communities to develop a regional approach to
resource preservation and stormwater management and provide
region-wide standards for streets that help manage stormwater
runoff and are safe and appealing to pedestrians, bicyclists,
drivers, and transit users.
Since a lack of in-house planning capacity can be an obstacle
for small towns and rural counties, regional and state agencies
often help localities find the resources to carry out these studies,
support and participate in the stakeholder process, and build
support for implementation. Some resources are available to
enhance local capacity to pursue these strategies (e.g., economic
development agency district planning funds or transportation
6 A charrette is a collaborative, multiday workshop that brings together stakeholders
in a community to give input on a design issue or a specific development project. It
allows meaningful input from the public and gives stakeholders a chance to see and
react to how designers incorporate their ideas into the proposed design.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 6
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DEI ERMINE AREAS FOR GROWTH AND FOR PRESERVATION
planning funds available through state departments of
transportation or regional planning agencies) and to seed
desirable investment and development activity.
EXPECTED BENEFITS
The community develops a vision that values rural character
and regulations and design standards to realize the vision.
Development proposals in towns and town influence areas7
that meet community growth goals have a more predictable
review process.
When development proposals are coordinated with
community growth goals, meet local development
regulations, and engage meaningful public input through
charrettes, approval is usually quicker and more predictable.
and the proposal generates less public opposition.
Communities make efficient use of existing infrastructure
when directing growth to designated areas. Vacant property
reclamation strategies and incentives can also be key
components of encouraging growth in town centers.
Directing development to towns or town influence areas
reduces pressure to develop on sensitive habitat, agricultural
lands, and other open space.
A more environmentally and economically sustainable
community uses less energy by reusing existing structures
and offering transportation choices, such as walking and
bicycling, that can reduce greenhouse gas emissions and
other pollution.
STEPS TO IMPLEMENTATION
1. Modest Adjustments
Coordinate with nearby towns and villages to share
resources, exchange ideas, and forge partnerships to build
and access planning capacity.
Identify federal grants that can be used to encourage
infill and reuse of existing structures in preferred growth
areas, such as the U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant
Program,8 the U.S. Department of Agriculture
7 Town influence areas are areas around a town where the town can reasonably
expect to have influence over land use and planning.
8 HUD. Community Development Block Grant Program, http://portal.hud.gov/
hudportal/HUD?src=/program_offices/comm_planning/communitydevelopment/
(USDA) Community Facilities Grant Program,9 and the U.S.
Environmental Protection Agency (EPA) Brownfields Area-
Wide Planning Pilot Program.10
2. Major Modifications
Identify and map the community's preferred growth areas
in comprehensive plans to make it clear to developers and
residents where the community wants growth to occur and to
protect sensitive natural areas and prime agricultural areas.
Establish capital improvement plans and adopt capital
spending strategies—for transportation (including walking
and biking facilities, public transit, and roads), public works
and infrastructure, clean water programs, energy facilities.
schools, and parks—that support the comprehensive plan's
preferred growth areas.
For communities that have impact or similar fees, create
an incentive to develop in areas that have infrastructure
to support new development by lowering the fee for those
places, or encourage redevelopment of a site by using the
impact fee to maintain or improve existing infrastructure. In
areas with little or no infrastructure, the costs of providing
and maintaining new infrastructure to support new
development can be high. Factoring such costs into impact
fees should be considered.
Conduct scenario planning to identify the best areas to
preserve and the most appropriate lands to develop, with
modeling to measure the performance and impacts of each
scenario. Use the results to inform the development of
comprehensive plans and investment strategies.
Establish community service areas that are coordinated
with capital improvement plans, investment strategies.
and economic development targets. Phase development
with the availability of infrastructure as it is approved and
constructed.
Adopt a policy to locate all major local governmental
services and offices in the town center or designated growth
areas to take advantage of existing infrastructure, support
the community's vision for these areas, and encourage
private investment nearby.
programs. Accessed August 15,2011.
9 USDA. Rural Development Housing & Community Facilities Programs. http://www.
rurdev.usda.gov/rhs/cf/brief_cp_grant.htm. Accessed August 15, 2011.
10 EPA. Brownfields Area-Wide Planning Pilot Program, http://www.epa.gov/
brownfields/areawide_grants.htm. Accessed August 15, 2011.
7 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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DEI ERMINE AREAS FOR GROWTH AND FOR PRESERVATION
3. Wholesale Changes
Create a special expedited or prioritized review procedure
to process development proposals in designated town
centers. Establish development standards, such as use
requirements, in neighborhood development regulations or
a unified development ordinance, which is an ordinance that
encapsulates zoning, subdivision standards, urban design.
signage, landscaping, and other development standards that
are typically separate documents.
Designate areas for town centers in comprehensive plans
where needed. Require a full range of housing types.
services, and employment opportunities, and require that
the new town be linked to existing development with
transportation networks that accommodate public transit.
walking, biking, and driving.
Adopt an adequate public facilities ordinance (where
permitted by state code) that sets criteria for utility
expansion and service to outlying developments. Require
that infrastructure, such as roads, water and sewer service.
and schools, be in place when new development is
constructed.
PRACTICE POINTERS
Adopt a comprehensive land use map that depicts preferred
development areas and describes clearly the mix of uses
desired, community design principles, and the key features
desired for each area.
Town, county, and regional planning staff or municipal
boards can review existing policies and determine the need
to update current land use codes or undertake wholesale
code revisions.
Coordinate regionally with other local governments to adopt
supportive plans and designated growth areas. Incorporate
a communication and outreach plan that explains to
community members how supportive plans can be
implemented, what tools are available to support it (such as
Economic Development Administration planning funds and
state and federal transportation planning funds), and what
benefits can accrue to all communities in the region.
coordinating, and combining these documents or at least
mark reference points to illustrate connections. These
efforts will help rural towns get the environmentally and
economically sustainable growth they want.
EXAMPLES AND REFERENCES
Commonwealth of Massachusetts. Smart Growth/Smart Energy
Toolkit. http://www.mass.gov/envir/smart_growth_toolkit/pages/
SG-bylaws.html. Accessed April 15, 2010.
Duerksen, C. and Van Hemert, J. True West: Authentic
Development Patterns for Small Towns and Rural Areas.
American Planning Association. 2003.
Lancaster County, Pennsylvania. "Smart Growth Toolbox:
Designated Growth Areas." http://www.co.lancaster.pa.us/
toolbox/cwp/view.asp?a=3&q=617074. Accessed January 7.
2010.
Melious, J. Land Banking Revisited. Lincoln Land Institute:
Cambridge, MA. 1986. pp. 20-27. http://www.lincolninst.edu/
pubs/PubDetail.aspx?pubid=21.
Metro Regional Government (Oregon). "Urban Growth
Boundary." http://www.metro-region.org/index.cfm/go/by.web/
id/277. Accessed January 7, 2010.
Morris, M., General Editor. Smart Codes: Model Land-
Development Regulations. American Planning Association:
Chicago. 2009. http://www.planning.org/research/smartgrowth
Nolon, J. Well-Grounded: Using Local Government Authority to
Achieve Smart Growth. Environmental Law Institute. 2001. pp.
25-28.
Porter, D. Managing Growth in America's Communities. Island
Press: Washington, DC. 2007. "Chapter 3: Where to Grow" and
"Chapter 4: Where Not to Grow."
State of Maryland Department of Planning. "1997 Priority
Funding Areas Act." 1997. http://planning.maryland.gov/
OurWork/1997PFAAct. shtml.
St. Lucie County, Florida. Towns, Villages, and Countryside
(Master Plan). 2008. http://www.spikowski.com/
StLucieLDRrevisions-Ordinance06-017-AsAdopted.pdf.
In many rural communities, plans, codes, and policies are
often stand-alone documents, rather than fully coordinated
and based on the same fundamental principles. Community
staff and officials can create a process for reviewing.
Westminster, Colorado. Design Guidelines for Traditional
Mixed-Use Neighborhood Developments. Approved May
2006. http://www.ci.westminster.co.us/Portals/0/Repository/
Documents/City Government/tmund.pdf.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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w
INCORPORATE FISCAL IMPACT
ANALYSIS IN DEVELOPMENT
REVIEWS
INTRODUCTION
Many rural towns and counties approve developments
incrementally, one project at a time, because planning for
development can be hard to predict. In doing so, communities
focus on short-term results, not on the long-term implications
and impacts of development in aggregate. One result can be
a lack of focus on long-term costs and benefits to the local
government and the community as a whole. Often, they rely on
rough estimates of property and other tax revenues to conclude
that the proposed project will benefit the community without
examining possible costs. Long-term costs include infrastructure
construction and maintenance, special transit service for elderly
or disabled persons, emergency services, schools and other
civic facilities, and services for employees and residents of
new development (e.g., affordable housing for resort workers).
Failure to consider such costs before infrastructure funds have
been committed can have fiscal and other impacts on residents
for years through increased taxes and fewer services.
The economic, social, and environmental impacts of
development are often significant. Inserting these considerations
into development decision-making can help towns and counties
get a fuller picture of the benefits and costs. Perhaps the most
significant element for rural communities to consider is the fiscal
impact of development. As many rural communities' capacities
are stretched, each new development can be a relatively
significant impact upon their fiscal sustainability and their
ability to serve their residents. Focusing on the fiscal impact
of development can help communities determine how best to
allocate their resources and make development decisions that
benefit residents.
The cost of the public services new residents will require and the revenues
generated from new development are important to assess the fiscal impact of a
project, such as the Wellington neighborhood in Breckenridge, Colorado.
RESPONSE TO THE PROBLEM
Some rural towns and counties are taking the initial step of
requiring at least a basic fiscal impact analysis for all major
developments. Others are going a step further by requiring that:
The developer provide funds for a consultant (hired by the
local government) who can assist the town or county in an
unbiased review of the fiscal impact analysis.
Any deficit must be addressed with funding or other
mitigation measures (e.g., by donating land for a school or
paying for off-site road improvements).
A simple four-step fiscal impact analysis examines the costs and
benefits associated with a project:
1. Estimate the population generated by the development
(e.g., the number of new residents, school-age children, and
employees).
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INCORPORATI: FISCAL IMPACT ANALYSIS IN DEVELOPMENT REVIEWS
2. Translate this population into public service costs (e.g..
roads, schools, and emergency services) based on costs used
in the local or regional market.
3. Project the tax and other local revenues generated by the
growth.
4. Compare the development-induced costs to projected
revenues and, if a gap exists, determine how to address the
shortfall.
While the basic methodology is straightforward, it can
also include variables to compare alternative development
scenarios, but only if the impact analysis is performed at a
conceptual design stage. Variables could include more compact
development, larger or smaller lots, adding a trail system, or
deleting a school if the development shifts to senior housing
(which might increase health care or emergency services costs).
The analysis can also look at projected costs per phase, along
with total build-out costs, so that infrastructure and expanded
services can be provided in line with the estimated completion of
each phase.
Where allowed by state law, concurrency regulations let the
local government require that all needed infrastructure be
funded and in place by the time each phase of a development
is completed. If a fiscal analysis shows a development is not
financially viable, the local government might choose not to
approve the development. Where concurrency regulations are
used, communities should consider coordinating with other
municipalities in the region to ensure that development does not
get pushed to locations outside of areas governed by concurrency
requirements.
Once the costs of a proposed development are fully understood
and communicated to the community, the local government can
require mitigation measures to offset the costs. The municipality
could ask the developer to propose mitigation measures to
make sure the development pays its own way or to offer
compensating benefits to offset community costs. Examples of
mitigation measures include building a fire station, building a
road connecting the proposed development to existing land uses.
donating land for a school, or providing a revenue stream to pay
for services the development needs. Even if local governments
are not allowed to recover costs, they can still use fiscal impact
analyses to help policy-makers understand the development
costs and impacts and assess whether certain development types
should be encouraged or discouraged in their policies and codes.
A community can conduct a fiscal impact analysis as part of a
community or regional scenario planning process, rather than
just in reviewing development proposals. In scenario planning.
comparative costs, environmental impacts, travel choices, and
other factors are used to rate the benefits and impacts of different
types and locations of development across the region. Typically.
more compact, mixed-use development costs less, has a lower
environmental impact, and offers more transportation and
housing choices.
EXPECTED BENEFITS
Local governments will understand the full range of costs
and benefits associated with a proposed development and.
where allowed by state law, can ensure that costs related
to infrastructure and services are recovered as part of the
approval process or that mitigation is provided.
Developments that bring demonstrated benefits to
a community are more likely to attract resident and
stakeholder support.
STEPS TO IMPLEMENTATION
1. Modest Adjustments
Adopt a requirement for a full fiscal impact analysis for all
major projects.
Maintain adequate and current information on the costs of
government services so that basic information for fiscal
impact analyses is readily available.
Train local government staff and planning and utilities
boards to understand fiscal analysis and how it relates
to infrastructure provision associated with development
decisions.
Keep capital improvement plans current and include
appropriate development projections.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 10
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INCORPORATE FISCAL IMPACT ANALYSIS IN DEVELOPMENT REVIEWS
2. Major Modifications
Incorporate fiscal impact analysis into county and regional
scenario planning and visioning to inform the review and
selection of preferred development locations.
Identify fiscal impact thresholds that a development must
meet, such as the maximum increase in bonded indebtedness
or amount of remaining water or sewer capacity the
community is willing to allocate to one development.
Require fiscal impact analysis of effects on other service
providers (e.g., fire districts or school districts) and
surrounding jurisdictions to help ensure that neighboring
communities are not burdened by the costs of providing
services. If the analysis identifies adverse impacts on other
jurisdictions, adopt measures to ensure mitigation (e.g.,
developer contributions or revenue sharing).
Require applicants to fund adequate staff time or consulting
support (with the consultant hired by the locality, not
the applicant) to develop and analyze a fiscal impact
assessment.
3. Wholesale Changes
Adopt a process for measuring the long-term fiscal impacts
of development. This process should consider the costs and
infrastructure demands that new residents and employees
will need (e.g., social services or affordable housing for
lower-income workers).
Mandate a fiscal impact analysis as part of a larger
community impact analysis, including environmental,
social, and economic development impacts.
PRACTICE POINTERS
Fiscal impact analysis is an art, not a science. It requires
many different assumptions about how a community will
grow over time, the pace of absorption of new units in a
development, changes in property tax values, and so forth.
Communities should revisit impact analyses periodically to
ensure that they are on target.
Fiscal impacts vary with the type of development, its
location, the level of community services it needs, and the
Schools such as this one in Albemarle, North Carolina, are community assets
that can anchor neighborhoods and provide civic space and amenities for the
entire community. However, the costs of adding new schools or expanding
existing ones need to be considered in fiscal impact analyses.
existing capacity of services and infrastructure. The results
of a fiscal impact analysis in a community with existing
capacity to provide services and infrastructure will be very
different from one that must build new facilities or extend
existing service long distances.
Development impacts are cumulative. One development
might have minor impacts, but multiple developments over
time could have significant impacts.
A development could have a positive fiscal impact but also
negative environmental and social impacts that need to be
evaluated separately.
Most residential development imposes costs on the
community, which can increase over time as systems age
and families have more children to enroll in school. Any
developer contributions or impact fees should be used to
cover anticipated costs over time instead of used once for
short-term projects.
11 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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INCORPORATI: FISCAL IMPACT ANALYSIS IN DEVELOPMENT REVIEWS
EXAMPLES AND REFERENCES
Edwards, M. Community Guide to Development Impact
Analysis. University of Wisconsin, http://www.lic.wisc.edu/
shapingdane/facilitation/all_resources/impacts/analysis_fiscal.
htm. Accessed January 8, 2010.
Florida Atlantic University, Center for Urban and Environmental
Solutions. "Fiscal Analysis and Financing Tools: Fiscal Impact
Analysis." Florida Planning Toolbox, http://www.cues.fau.
edu/toolbox/subchapter.asp?SubchapterID=95&ChapterID=8.
Accessed January 8, 2010.
Harrison, T. and French, C. "An Introduction to Fiscal Impact
Analysis." University of New Hampshire Cooperative Extension.
2007. http://extension.unh.edu/commdev/Pubs/FIA.pdf.
Seigel, M. Development and Dollars: An Introduction to Fiscal
Impact Analysis in Land Use Planning. Natural Resources
Defense Council. 2000. http://www.nrdc.org/cities/smartGrowth/
dd/ddinx.asp.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 12
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w
REFORM RURAL PLANNED UNIT
DEVELOPMENTS
INTRODUCTION
Local zoning codes in many areas permit negotiated
developments, which are usually called Planned Unit
Developments (PUDs) and can also include larger developments
often called master-planned communities (MFCs). PUDs allow
communities to overcome some of the strictures of conventional
zoning and provide a vehicle for local government officials
to negotiate community benefits, such as requiring additional
open space, recreational facilities, better design, and developer
contributions to infrastructure.
PUDs are often used for large areas that are master-planned
by single or multiple property owners or developers. PUDs
typically allow greater flexibility in layout, design, and land
use than existing zoning and subdivision regulations. However,
once a PUD process becomes the primary method of site plan
review and permitting, municipalities sometimes are less able to
connect the results of these PUDs to local comprehensive plan
objectives.
Although originally intended primarily as a tool for major
developments in cities and suburbs, PUDs have spread to
rural areas because the process is attractive to developers,
offering a more flexible way to secure approval for large
developments than seeking multiple amendments and variances
to a zoning code. However, the PUD approach has proliferated
to the point that it has given rise to a host of unanticipated
challenges. Few rural jurisdictions have the necessary staff
to negotiate development agreements for complex projects.
Rural development codes typically have barebones standards
and processes governing PUDs and therefore provide little
guidance to local officials and few controls to ensure the PUDs
are properly located, are designed well, provide adequate
infrastructure and community benefits, or are linked to the rest of
the community.
Prospect New Town in Longmont, Colorado, is a planned unit development that
used flexible development requirements to create a range of housing types and
building design. Residents enjoy sidewalks, open space, and nearby services.
Rural communities are recognizing some downsides to relying
on PUDs and negotiated developments:
Large rural PUDs and MFCs often intrude and have adverse
impacts on agricultural operations and natural resources,
and they can strain local government services and budgets.
Overreliance on PUDs can create uncertainty for developers
when the PUDs are not tied to clear community standards
to guide the development approval process. They can also
create unpredictability for neighbors of proposed PUDs,
who cannot rely on existing zoning or land use plans to
protect their rural lifestyle.
Environmental and design standards are sometimes
overridden or ignored in the PUD review process.
Extra work is created for staff and planning boards who
have to deal with multiple mini-zoning codes created
for each PUD over time. Exceptions from development
standards and other requirements created for one PUD
13 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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REFORM RURAL PLANNED UNIT DEVELOPMENTS
often differ from those requested by other PUDs, making
consistency in decision-making difficult or impossible.
PUDs tend to be reactive—responding to a proposed
development—rather than implementing a broad, collective
vision created by the community through a comprehensive
plan.
RESPONSE TO THE PROBLEM
Some rural towns and counties have responded by restricting
PUDs to the comprehensive plan's designated preferred
development areas, forbidding the waiver of environmental
and design standards, adopting updated design standards, and
specifying minimum levels of community benefits such as open
space and street connectivity. In other cases, towns have simply
eliminated PUDs and built the necessary flexibility into their
zoning codes using performance standards.
Rather than just respond to PUD proposals, small towns and
rural counties can adopt zoning and subdivision provisions
allowing new village-scaled development with zoning and/
or development incentives in locations where the community
has decided it makes sense to grow. By mapping the areas
the community wants to preserve as working lands or natural
resource areas, along with areas where future infrastructure
expansion would be cost-effective, a community can steer
development to areas where it makes sense to build—and away
from the lands it wants to preserve. Instead of waiting to react to
each PUD, a community could define the type of development
it wants more clearly by adopting a unified development
ordinance that combines subdivision and zoning ordinances with
street design guidelines, utility requirements, and open space
guidelines.
Many communities have found ways to use PUDs to get
development that fits with their comprehensive plan, maintains
their rural character, and helps meet their overall environmental
and fiscal objectives. PUDs are flexible enough to allow an
attractive and environmentally sustainable design, but they
often need guidelines on how to create traditional mixed-use
neighborhoods. These guidelines could include subdivision.
streetscape, site planning, and building design guidelines that
aim to create a more pleasant, appealing, environmentally
responsible, and healthy community.
For instance, a community could maintain some control over
PUD applications and overall design by requiring certain
features as part of every PUD approval process. These
requirements could include:
Protection of sensitive habitat, cultural resources, and
connected, usable open space.
Street design and connectivity requirements.
Variety of lot sizes and home sizes.
A well-integrated mix of uses.
Design guidelines covering site planning and general
building form.
Provisions for shared parking and on-street parking to use
land efficiently.
EXPECTED BENEFITS
Small towns and counties can use PUDs in areas where
development pressures are great and where codes are not
yet in place to direct growth. The PUD can provide the
flexibility to establish more efficient, connected patterns
with compact, mixed-use development and more cost-
effective infrastructure.
PUDs can provide increased predictability in the
development review process, with a quicker, more
efficient review process and less staff effort to administer
development approvals.
When certain features are part of every approval process.
PUD review can require development to adhere to
the community's vision and goals as established in
comprehensive plans, including preserving rural character
and preventing fragmentation of productive agricultural
areas and environmentally sensitive and scenic natural
resource areas.
STEPS TO IMPLEMENTATION
1. Modest Adjustments
Require a mechanism, such as a charrette, to get meaningful
public input starting early in the PUD review process and
continuing throughout the process.
Require applicants to pay for additional staff or consultants
to help evaluate PUDs, typically through project review fees
based on demonstrated costs (where allowed by state code).
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 14
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REFORM RURAL PLANNED UNIT DEVELOPMENTS
Map important natural areas and cultural resources for the
town, county, or region so that as development is proposed.
the PUD review process can consider these assets. This
mapping will also make it easier to protect these natural and
cultural resources (see Chapter 9: Protect Agricultural and
Sensitive Natural Areas).
Limit zoning and subdivision standards (especially
environmental and design standards) that can be waived
or modified in a PUD process, but encourage desirable
development through zoning-related incentives, such as
expedited permitting or priority in bonding support or other
financial incentives.
In place of PUDs, create flexible, by-right,11 mixed-use zone
districts adjacent to towns and in town influence areas to
accommodate large developments that are in accord with
town or county comprehensive plans.
2. Major Modifications
Establish a minimum list of public benefits that the applicant
must commit to providing prior to PUD approval (e.g..
setting aside a certain percentage of the site as permanently
protected open space).
Require all PUDs and MFCs to be in accord with
comprehensive plan requirements, particularly locating in
the plan's preferred growth areas.
Encourage mixed-use zoning in PUDs, including
commercial development that fits the scale of the
community, reinforces a sense of place, and promotes
walking or biking, such as small stores, community centers.
or offices.
Require a fiscal impact analysis for the PUD process and
require that the PUD demonstrate a long-term fiscal benefit
to the community.
3. Wholesale Changes
Require evaluation of PUDs based on street connectivity.
lot and home size variety, integration of a mix of uses.
adherence to design guidelines, open space connectivity, and
parking strategies.
Create a set of neighborhood development types (high-.
medium-, and low-density as well as mixed-use) with
related design guidelines that can be the basis for PUDs, and
adopt these types into zoning codes. This will help avoid
lengthy approval periods, excessive review time, and poor
locations.
Prohibit the use of PUDs in all rural and agricultural zone
districts outside of town influence areas unless they are in an
approved new town location.
• Strengthen PUD requirements to promote environmental
and design standards.
PRACTICE POINTERS
Consider establishing a detailed list of community benefits
expected in return for variations to the desired uses.
design, and locations that the community has established.
Benefits might include a specified amount of permanently
preserved open space, reclamation of degraded sensitive
areas, or improvements to roads and other infrastructure.
The list provides reassurance to the community and some
predictability for developers.
Give priority to PUD or MFC applications that are in the
town, adjacent to the town, or in town influence areas,with
additional preference to proposed developments that
incorporate existing structures or redevelop on vacant
properties.
To the maximum extent possible, use development standards
from existing zoning and subdivision ordinances to avoid
creating PUDs that are mini zoning districts and difficult to
administer.
9 "By-right" means that the project is permitted under current zoning and needs no
special review or approval.
15 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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REFORM RURAL PLANNED UNIT DEVELOPMENTS
EXAMPLES AND REFERENCES
Benton County, Oregon. Benton County Development Code.
"Chapter 100: Planned Unit Development in Corvallis Urban
Fringe." Adopted 1990. http://www.co.benton.or.us/cd/planning/
documents/dc-ch_ 100 .pdf.
Center for Land Use Education. "Planning Implementation
Tools: Planned Unit Development." University of Wisconsin-
Stevens Point. 2005. http://www.uwsp.edu/cnr/landcenter/
pdffiles/implementation/PUD.pdf.
City of Mount Vernon, Washington. Planned Unit
Developments: Handbook and Site Planning Guide. 2006. http://
www.ci.mount-vernon.wa.us/imageuploads/Media-1064.pdf.
McMaster, M. "Planned Unit Developments." Planners Web.
1994. http://www.plannersweb.com/wfiles/w490.html.
Northwest Vermont Project. "Transportation and Land Use
Connections: Planned Unit Development." http://www.
transportation-landuse.org/pages/tools/pud.htm. Accessed
January 8, 2010.
New York State Legislative Commission on Rural Resources. A
Guide to Planned Unit Development. 2005. http://www.dos.state.
ny.us/lg/publications/Planned_Unit_Development_Guide.pdf.
St. Lucie County, Florida. Towns, Villages, and Countryside
(Master Plan). 2008. http://www.spikowski.com/
StLucieLDRrevisions-Ordinance06-017-AsAdopted.pdf.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 16
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WA\ USE WASTEWATER
L • INFRASTRUCTURE PRACTICES THAT
MEET DEVELOPMENT GOALS
INTRODUCTION
Finding wastewater management solutions for new
developments, revitalizing areas, and failing systems is critical
to protecting water quality and human health. Many rural towns
across America want to direct growth to the most suitable
areas, such as near fire stations and schools, or extend existing
villages, but they are struggling to find the most appropriate
wastewater infrastructure solution, and some approaches can
have unintended consequences.
Additionally, many rural communities and small towns must
address failing wastewater systems, including septic systems.
Addressing the environmental and public health concerns
associated with failing septic systems can be difficult in
small towns and rural areas. Management, maintenance,
and compliance can be challenging, particularly in smaller
communities, for all types of wastewater treatment. This issue
is particularly relevant in states that are largely rural or have
not widely installed sewer service. Seventy percent of Vermont
towns, for example, do not have public wastewater treatment.12
Communities without sewers tend to be small. In Indiana, for
example, 88 percent of communities without sewers have 200 or
fewer homes; in Iowa, incorporated communities without sewers
have 64 homes on average.13 Based on the size and location of
these communities, it is often not feasible to extend to them
sewer lines from existing treatment plants.14
12 Vermont Department of Housing and Community Affairs. "Background Report:
Improving Wastewater Treatment Options for Vermont's Unsewered Villages." 2006.
http://www.dhca.state.vt.us/Planning/VillageWastewater.htm.
13 Cunningham, S. L. Do You Want Utilities With That? Avoiding the Unintended
Economic Consequences of Poorly Planned Growth on the Provision of Water and
Sewer Service. Center for Environmental Policy and Management, University of
Louisville. Summer 2006. http://cepm.louisville.edu/Pubs_WPapers/practiceguides/
PG14.pdf.
14 EPA. Handbook for Managing Onsite and Clustered (Decentralized) Wastewater
Treatment Systems: An Introduction to Management Tools and Information for
Implementing EPA's Management Guidelines. 2005; updated 2010. http://cfpub.epa.
gov/owm/septic/septic.cfm?page_id=289.
Selecting the appropriate wastewater management system can help
communities protect their water resources. The city ofBayiield, Wisconsin, on
the shore of Lake Superior, worked with the surrounding township to build a
regional wastewater treatment plant that would better protect the lake and help
preserve the community character and clean water that attract tourists.
The design and location of a community's wastewater
infrastructure can affect its future development patterns, natural
and agricultural areas, and health of watersheds.
RESPONSE TO THE PROBLEM
Rural communities and small towns come in all shapes and
sizes, as do their corresponding wastewater infrastructure needs
and solutions. No single solution will be appropriate for every
community. Understanding the relationship between wastewater
infrastructure and community growth can help communities
make better choices and protect water quality, human health, and
the environment.
An important first step for any rural community is to protect
existing investments, which includes identifying what systems
are currently in place and their state of repair. Rural communities
and small towns can inventory existing systems, educate
households with septic systems about the importance of regular
system maintenance, and require all systems in their jurisdiction
to be inspected and maintained. When poorly managed and
1 7 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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USE WASTEWATER INFRASTRUCTURE PRACTICES THAT ME DEVELOPMENT GOALS
maintained systems fail to adequately treat wastewater, the
municipality can end up bearing the cost of upgrading the
systems.
Rural communities and small towns can reap significant savings
by investing in their existing water infrastructure. In tough
economic times, regular maintenance expenditures can become
targets for budget cuts, especially when the infrastructure is
underground and only "seen" when problems arise, such as
sewage flows into nearby streams. But the costs of repairing
problems, including degraded streams and possible loss of tourist
revenue, can be higher than the costs of regular maintenance.
Planning for growth is essential for rural communities that
want the benefits associated with growth while preserving
their rural character. When development design and open
space preservation are decided one subdivision at a time.
rural communities can lose their ability to take advantage of
excess capacity or leverage a planned wastewater system to
accommodate nearby growth. Focusing on individual lots
or even individual neighborhoods forces the community to
address wastewater needs site by site, which can be ineffective
at protecting water quality or supporting growth. Processes like
visioning exercises (see Chapter 1: Determine Areas for Growth
and for Preservation) can help communities choose the type and
location of development they want.
In addition, rural communities could consider regional planning
goals in addition to their own goals for growth and development.
Looking at the broader region also allows communities to
consider cumulative impacts on the watershed from their
development decisions and to leverage and coordinate their
wastewater infrastructure strategies and investments. Then
communities can choose a wastewater management system that
is consistent with their vision for growth, supports that growth.
and protects public health and the environment.
Several types of wastewater systems are available to rural
communities and small towns. Not all of these systems are
appropriate for all types of rural communities, as some systems
can contribute to dispersed development patterns, ineffective
natural resource protection, and fiscal inefficiencies. By
selecting and using appropriate wastewater infrastructure, rural
communities can protect their water quality and public health
in a way that supports their other community goals, such as
maintaining rural character or promoting thriving town centers.
Wastewater system options include:
Septic systems.li Rural communities are often served by
conventional on-site septic systems, as they work well
for single homes in remote areas. However, traditional
septic systems might not be appropriate to support a new
subdivision or cluster of new homes. Using individual
septic systems in these scenarios without corresponding
development planning can encourage low-density, dispersed
development, which can significantly alter the rural
landscape and degrade natural resources.
Cluster systems.16 Cluster systems can create more compact
development and can help support a rural community's
growth goals. However, using these systems outside of a
comprehensive development plan can lead to the creation
of tiny pockets of housing that break up large, contiguous
agricultural or natural areas and are far from jobs, schools.
stores, or other amenities. To use these systems effectively.
rural communities should use them in the areas they have
designated for growth.
Advanced technologies.11 Advanced treatment technologies
generally have a smaller footprint and can treat more
wastewater on less land, which can allow more compact
development. They also can treat wastewater in amounts
comparable to centralized sewage systems, which means
larger areas or neighborhoods can be serviced. However.
if applied outside of the context of a comprehensive
development plan, advanced technologies can allow
development in areas not accessible for conventional
treatment, such as areas that communities want to preserve
as open space or farmland. Like cluster systems, without
a comprehensive development plan, these systems can
facilitate dispersed development patterns and are most
effectively used in areas designated for development.
15 A septic system is a type of decentralized wastewater treatment that consists
primarily of a septic tank and a soil absorption field. Each septic system typically
occupies a relatively large area, and systems must have adequate spacing and
distance from wells and surface waters.
16 A cluster system, also called a shared or community system, is a type of
decentralized wastewater treatment system that serves more than a single home or
business.
17 Advanced treatment systems encompass a broad range of technologies. The
unifying feature is a separate treatment unit next to the septic tank that treats the
effluent before it is discharged to the drainfield (a below-ground absorption field,
also called a leach field).
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 18
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USE WASTEWATER INFRASTRUCTURE PRACTICES THAT ME DEVELOPMENT GOALS
Centralized sewerage.ls Centralized systems have typically
been used in cities and towns. Over the past several
decades, centralized systems have been used to expand into
farmland or other rural landscapes at the edge of established
communities. In addition, some communities have used
centralized treatment to replace failing septic systems with
the goal of protecting public health. However, expanding
centralized sewer systems without a development plan can
enable and encourage dispersed development in rural areas.
which can create pressure to attract additional ratepayers
to support a wastewater treatment plant and conveyance
system. A centralized sewer system can attract development
regardless of whether it is in the most appropriate area
for growth. Rural communities might want to limit the
expansion of centralized treatment to existing developments
and established planned growth areas. Doing so also allows
coordination with other investments in transportation.
housing, and jobs.
One important and often overlooked strategy for communities is
identifying where existing wastewater infrastructure has excess
capacity. Neighborhoods with existing (or excess) capacity
could support additional growth. This strategy can be effective at
accommodating new development within existing system limits.
Regardless of the system used, communities might need to
align local development regulations with wastewater treatment
standards to support a range of wastewater systems. For
example, local regulations sometimes limit the use of some
types of decentralized systems, rather than requiring a certain
level of performance and allowing any system that can achieve
that performance level. Such regulations can lead communities
to choose other systems that might not be adequate to handle
the community's wastewater, which could then degrade public
health and water quality or lead to an expensive sewer expansion
that encourages dispersed development. In addition, codes for
new on-site wastewater treatment systems should be consistent
with existing and future land use plans.
Additionally, some municipalities have used wastewater
treatment standards that prohibit new decentralized wastewater
treatment systems as a way to rein in growth. However, such
standards can have the unintended effect of restricting
wastewater treatment options that are compatible with
development goals. For instance, many communities have
sites where development is desired or has already occurred but
centralized sewerage is financially or logistically impractical.
These communities need the flexibility to choose wastewater
treatment options that protect water quality while allowing
growth and development.
A pressing problem for many rural communities is how to
address failing septic systems, which pollute groundwater
and cause water quality problems for nearby water bodies. A
common response to this problem is to replace these systems
with centralized wastewater treatment, which can lead to
additional growth in areas that the community would prefer to
remain undeveloped and create pressure to operate and maintain
sometimes complex centralized systems. Many times, addressing
these failing septic systems is a priority for the local and state
government, but the challenge is to how to address the problem
without inadvertently encouraging development in areas not
intended for growth. Incremental approaches could include:
Offer incentives or technical assistance to homeowners to
replace their failing septic systems. In some rural areas.
neighborhoods with failing septic systems are near an
important natural resource, such as a lake or mountain
range, which is an economic driver for the community. In
these instances, the municipality might be able to leverage
local businesses to help create an incentive fund.
Create a municipal septic management district or a
responsible management entity (RME)19 responsible for
the repair, replacement, and maintenance of homeowners'
septic systems. In this case, the municipality or the RME
can pay for or organize the replacement of the failing
system. The RME would then be responsible for the
ongoing maintenance. The homeowner would pay a fee
for this service, similar to the sewer fee homeowners pay
on centralized treatment systems. Wisconsin uses this
approach.20
18 Centralized sewerage collects and transports household sewage via a network of
pipes and pump stations to a municipal treatment plant. Most commonly used in
cities and small towns, centralized treatment systems treat waste flows and protect
water quality but are also the most expensive system.
19 For more information on RMEs, see: EPA. Voluntary National Guidelines for
Management of Onsite and Clustered (Decentralized) Wastewater Treatment
Systems. 2003. http://www.epa.gov/owm/septic/pubs/septic_guidelines.pdf.
20 Wisconsin Department of Safety and Professional Services. "Safety and Buildings
Division Private Onsite Wastewater Treatment Systems." http://dsps.wi.gov/sb/sb-
powtsprogram.html. Accessed January 5, 2012.
19 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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USE WASTEWATER INFRASTRUCTURE PRACTICES THAT ME DEVELOPMENT GOALS
Create indicators or criteria to determine when a
neighborhood with failing septic systems might be a good
candidate to connect to a centralized system and when it
should consider different alternatives. For example, areas
planned for additional growth with moderate densities might
be better candidates for centralized systems. Areas not
planned for growth or for very low densities, such as one
unit per 20 or more acres, might be better suited to septic
replacement. Possible criteria for centralized systems could
include:
Any structure served by an expansion must be on a site
with access to existing roads, water, and utilities and
within or contiguous to existing development.
Collector lines connecting a home or business to the
main trunk line must be no longer than 1,000 feet.
Additional infrastructure investments, such as
transportation, schools, or additional housing, are likely.
The context, including density of surrounding
development, condition of surrounding wastewater
systems, or proximity to an existing or emerging town
center or employment center, is appropriate for a
centralized system.
Considerable costs can be associated with wastewater treatment
systems, especially if the new system is intended to support a
new development or housing cluster. Building, operating, and
maintaining new infrastructure can divert money from badly
needed repairs and upgrades to existing infrastructure, so rural
communities need to carefully consider where and how to pay
for new wastewater infrastructure. Many different strategies are
available to help rural communities maintain and finance their
wastewater infrastructure, including:
Impact fees. Some communities require new developments
to pay an impact fee that would finance the wastewater
system construction costs. As part of this strategy.
communities could consider requiring long-term financial
maintenance plans for any new decentralized system
when reviewing plans for approval. If such a plan is
not established before installation of these systems.
municipalities might find themselves responsible for the
continued operation, maintenance, and repair of failing
systems.
• Performance bonds. A community could require a
performance bond for any decentralized system, which
could provide the community with some guarantee of the
effectiveness of the installed system. A performance bond or
escrow account could be used to cover future operation and
maintenance costs.
Land tax. The community could require any development on
pristine land to pay a premium land tax. These funds could
then be used to support the repair or replacement of failing
systems as well as the revitalization of older neighborhoods
or town centers.
• Maintenance agreements. Rural communities could require
maintenance agreements between a property owner and a
maintenance firm or the municipality. These agreements
could provide the rural community some guarantee of
effective management and maintenance of the new system.
There is no single, simple solution for managing wastewater
in rural communities and small towns. Planning for growth
and examining the range of possible consequences from water
infrastructure investments is critical. Doing so allows the
community to balance its water infrastructure needs, such as
accommodating new growth or alleviating an existing problem.
with its environmental and public health protection goals.
EXPECTED BENEFITS
Aligning land use policy and public investments in water
infrastructure can help rural communities and small towns
save money by concentrating services.
By addressing wastewater needs, rural communities can
provide additional capacity for growth, which can enhance
the potential for economic development. Providing
attractive options for in-town development can protect the
rural character of outlying areas.
A comprehensive regional plan for wastewater treatment
infrastructure can improve water quality, protect public
health, safeguard investments in existing infrastructure, and
ensure that land use plans can be implemented as desired.
A user-funded management program for decentralized
wastewater treatment systems can protect public health
and local water resources while allowing growth in town
centers.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 20
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USE WASTEWATER INFRASTRUCTURE PRACTICES THAT ME DEVELOPMENT GOALS
STEPS TO IMPLEMENTATION
1. Modest Adjustments
Establish processes to align water infrastructure investments
with other public investments such as transportation.
housing, and schools.
Inventory existing wastewater infrastructure, assess current
conditions, and update this inventory regularly.
Identify excess capacity in existing infrastructure so that
development can be directed to areas that can support
additional growth, making the most of infrastructure
investments.
Develop "fix it first"21 criteria for water infrastructure
investments.
Establish a public education program on the importance
of regular maintenance for septic systems and support
homeowners with regular inspections and technical
assistance.
Revise local regulations if necessary to allow the range of
decentralized systems that are able to meet performance
standards consistent with local water quality goals and land
use plans.22
2. Major Modifications
Delineate growth areas where compact development can
be located, and create policies that direct development
into those areas based on infrastructure availability and
preservation of open space. Designate areas for new
investments in water infrastructure. Reinforce these
designations in all plans, policies, and regulations.
Require long-term financial maintenance plans for any new
water infrastructure, particularly decentralized systems.
when reviewing plans for approval.
21 Under a "fix it first" policy, a community invests in fixing and maintaining existing
infrastructure (e.g., roads and bridges) before it spends money on constructing new
infrastructure.
22 The National Onsite Wastewater Recycling Association has developed a
Model Code Framework to help states and localities resolve conflicts with the
permitting and use of decentralized systems. See: National Onsite Wastewater
Recycling Association. Model Code Framework for the Decentralized Wastewater
Infrastructure. 2007. http://www.modelcode.org/publications.html.
Establish a program to manage all decentralized wastewater
treatment systems, including requiring homeowners to have
their systems inspected or pumped on a regular schedule and
to repair or replace failing systems and cesspools as needed.
Require users of decentralized systems, such as septic or
cluster systems, to pay regular service fees to fund the
regular maintenance and management of these systems.
just as users of centralized sewerage facilities pay for
comparable services.
Require developments in previously undeveloped areas to
finance all their wastewater system construction costs.
Require performance bonds for new, noncentralized
wastewater systems.
Charge initial impact fees and/or assess a regular utility fee
to cover county or regional management oversight costs.
including the development of a tracking program to oversee
maintenance and staff time spent on ensuring compliance
and conducting inspections.
3. Wholesale Changes
Establish a mechanism for regional planning of wastewater
infrastructure that can cut across political boundaries and
overcome fragmented system ownership and operation.
Develop a policy for decentralized systems, particularly
septic systems, that includes processes for permitting such
systems, replacing failing systems, and identifying when
centralized treatment might be warranted.
Create a septic management district or responsible
management entity.
PRACTICE POINTERS
Base wastewater treatment decisions on the community's
water quality, public health, and land use goals.
Assess capacity in existing treatment plants to determine
where planned growth can be accommodated.
Price services to reflect the full cost of building, operating.
and maintaining a system. Accurate pricing is critical to
ensure proper and efficient operations and to send a signal
to customers about the true cost of treatment options for
different types of development.
21 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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USE WASTEWATER INFRASTRUCTURE PRACTICES THAT ME DEVELOPMENT GOALS
EXAMPLES AND REFERENCES
10,000 Friends of Pennsylvania. Sewage Facilities and Land
Development. 2005. http://10000friends.org/sewage-facilities-
and-land-development.
Doylestown Township, Pennsylvania. Septage Management
Program. 2005. http://www.doylestownpa.org/SMP.htm.
EPA. Decentralized Wastewater Treatment Systems: A Program
Strategy. 2005. EPA 832-R-05-002. http://www.epa.gov/owm/
septic/pubs/septic_program_strategy.pdf.
EPA. Protecting Water Resources with Smart Growth. 2004. EPA
23 l-R-04-002. http://www.epa.gov/smartgrowth/water_resource.
htm.
EPA. Voluntary National Guidelines for Management of Onsite
and Clustered (Decentralized) Wastewater Treatment Systems.
2003. EPA832-B-03-001. http://www.epa.gov/owm/septic/pubs/
septic_guidelines.pdf.
Johnstone, S. et al. Smarter Land Use with Onsite Systems:
One State's Process. 2004. http://www.stone-env.com/docs/
prespaperabs/Stone WW-LandUseOnsiteMaine_paper.pdf.
Joubert, L. et al. Creative Community Design and Wastewater
Management. Prepared for the National Decentralized
Water Resources Capacity Development Project.
Washington University, St. Louis, MO, by University of
Rhode Island Cooperative Extension, Kingston, RI. 2004.
http://www.uri.edu/ce/wq/NEMO/Publications/PDFs/
WW.CreativeDesignAndManagement.pdf.
Magliaro, J. and Lovins, A. Valuing Decentralized
Wastewater Technologies: A Catalog of Benefits, Costs,
and Economic Analysis Techniques. Rocky Mountain
Institute. 2004. http://www.rmi.org/rmi/Library/W04-21_
ValuingDecentralizedWastewater.
National Onsite Wastewater Recycling Association. Model Code
Framework for the Decentralized Wastewater Infrastructure.
2007. http://www.modelcode.org/publications.html.
Stone Environmental, Inc. Decentralized Wastewater and Water
Supply: Further Reading. Prepared for the Maine State Planning
Office. 2003. http://www.stone-env.com/docs/reports/StoneWW-
Me09TAB 12DecentReading.pdf.
Vermont Department of Housing and Community Affairs.
Wastewater Solutions for Vermont Communities. 2008. http://
www.dhca.state.vt.us/Planning/SewageSolutions/WW_
Solutions Vermont, pdf.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 22
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bl
RIGHT-SIZE RURAL ROADS
INTRODUCTION
Rural roadways help define rural character and community
image—from a narrow, winding road through the mountains to a
walkable, tree-lined neighborhood street to a bustling downtown
Main Street. Many residents in rural areas want safe roads
that also maintain a rural character and avoid the uniformity
frequently imposed by conventional roadway design standards.
State departments of transportation and local governments
are also concerned about ever-increasing costs to extend and
maintain roads required by dispersed, large-lot development.
The ownership, funding, operation, and design control of streets
is complex, with roads owned and operated by cities, towns,
counties, state agencies, or even private entities and often
subject to federal transportation policies, further complicating
transportation and redevelopment efforts.
In many rural towns, the Main Street is a state road and under
state control. Fast-moving through traffic comes through these
towns' central business districts, which can make it difficult for
the towns to maintain traditional Main Streets with local-serving
stores and a strong sense of community character. As the street
needs to serve not only local residents, but also freight and
through traffic, redevelopment can be challenging. However, it
can also be an opportunity to work with the state department of
transportation to use transportation funding to redesign a road
so that it works better for the community as well as for through
traffic.
Communities across the country are investing in streetscape
projects, area planning, and rezoning to encourage infill
development along their commercial corridors. There are usually
economically obsolete and/or underused real estate assets,
known as greyfields, and brownfield properties along these aging
corridors, often at key intersections and within walking distance
of surrounding residential neighborhoods. Redevelopment on
Boyne City, Michigan, has revitalized its downtown in part by ensuring that
pedestrians and bicyclists, as well as drivers, feel safe and welcome. The
crosswalk and curb bulb-outs narrow the street to calm traffic and make
crossing the street easier.
underused or vacant properties can provide housing near services
and current or potential transit routes. The current or future
transit service typically available along these corridors, coupled
with nearby walkable destinations, offers more convenient and
affordable transportation choices for residents. Because many
of these corridors are state highways, communities can often
combine state transportation funding with local funding and
developer investments for cost-effective enhancements that
improve the street's aesthetics, traffic capacity, and safety for all
users.
Related non-transportation infrastructure, such as water, sewer,
and stormwater systems, also faces fiscal challenges due to
decades of expansion and increasing costs for maintenance and
replacement. By coordinating planning and project development
for these systems with transportation networks and land use,
communities can use their limited funds more efficiently to
develop more compact, cost-effective systems. This coordination
will particularly help stormwater systems, which can be
overloaded with runoff from wide streets.
23 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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RIGHT-SI2 • RURAL ROADS
RESPONSE TO THE PROBLEM
Many communities are finding new approaches to balance
the needs of local pedestrians, shoppers, employees, business
owners, and residents with the need for through traffic, including
freight, to move safely and efficiently. Balancing these needs
recognizes that good state highways and strong Main Streets are
both critical to a community's economic vitality.
Narrower streets naturally calm traffic, while wider streets
encourage faster driving regardless of posted speed limits.
Pedestrians and bicyclists feel less safe near fast-moving traffic.
In districts like Main Streets where a community wants to
encourage foot traffic to support stores, pedestrians must feel
safe and comfortable walking along and crossing streets. The
same street design changes that calm traffic also make streets
more attractive, are safer for pedestrians and bicyclists, and
can help protect a historic Main Street's distinctive character.
Extending walkable streets through neighborhoods gives
residents more choices for getting around, and making it safe and
convenient to walk or bike helps people to incorporate regular
physical activity into their daily routines as recommended by the
medical community. Complete streets—streets that are designed
for pedestrians, bicyclists, transit users, and drivers—provide
these options for residents.
A good walking environment in rural areas and around towns
can include trail networks that are fully integrated with the
on-street pedestrian and bicycle network, so that residents
can use trails and greenways from outlying areas to get to and
from town, not just for recreation. An integrated network of
complete streets and trails should connect rural and in-town
neighborhoods, transit routes, downtown, neighborhood parks.
and recreation areas, so that walking, biking, and transit are
fully supported transportation choices. The network should
include safe street crossings using techniques appropriate to the
town's character and context, such as mid-block crosswalks.
median islands, curb bulb-outs to shorten crossing distances.
or roundabouts at key intersections. A well-connected network
gives people more route choices instead of forcing all traffic onto
one wide arterial street, so streets can be narrower. Typically.
allowing narrower streets requires adjusting the subdivision
ordinance and street specifications. Making sure that streets are
right-sized—in other words, only as big as required—can save
on construction and operating costs.
Outside of the downtown, many rural towns have corridors of
spread-out stores and other commercial uses. In many places, the
streetscape is designed for cars to move quickly, not for people
to walk. Redeveloping these corridors is an effective way to add
new housing, shopping, and community facilities near existing
neighborhoods. Communities can also improve stormwater
management by using green infrastructure features, like swales.
rain gardens, or pervious paving, during redevelopment for
both new and rebuilt streets and parking lots. As part of the
comprehensive plan and zoning updates, revisions to subdivision
and street design guidelines or streetscape standards could
include:
Revisions to the road classification system to incorporate a
gridded street network.
Reduced design speeds to allow narrower streets and wider
sidewalks.
Reduced street width standards for most local and connector
streets.
Intersection designs with reduced turning radii and safe
pedestrian crossings.
Street trees in tree wells large enough to accommodate their
root systems to create a continuous shade canopy and to
capture, slow down, and infiltrate rainwater.
Green infrastructure stormwater management features to
promote infiltration.
Street lights at a height that provides good lighting for
pedestrians as well as drivers, with fixtures that direct the
lighting to the street and preserve dark skies.23
Standards ensuring pedestrian and bicyclist safety.
particularly around schools.
EXPECTED BENEFITS
Connected street networks, combined with compact
development and right-sized streets, give residents and
visitors more choices in how they get around, which can
help reduce traffic congestion on major roads.
Narrower streets with traffic-calming features are safer, with
fewer and less serious crashes due to slower travel speeds.
23 For sample Dark Skies ordinances, see: International Dark Sky Association. Home
Page, http://www.darksky.org. Accessed December 21, 2011.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 24
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RIGHT-SI2 • RURAL ROADS
Narrower streets use less pavement, which can be coupled
with green streets techniques—using vegetation and
permeable surfaces to manage stormwater at its source.
make walking and bicycling more appealing, and beautify
the streetscape—to reduce runoff and improve water quality.
More attractive and safer streetscapes help support
redevelopment and economic prosperity by making these
public spaces more inviting and encouraging foot traffic that
brings more customers to stores.
Transportation options, especially biking and walking.
help promote healthier, active lifestyles while reducing
greenhouse gases and other pollution. They can also help
reduce the costs of owning and operating a vehicle.
STEPS TO IMPLEMENTATION
1. Modest Adjustments
Conduct a walking audit of neighborhood streets, reviewing
the street widths and other characteristics, including those
that seem to work well, as a first step in developing new
street design guidelines based on the existing characteristics.
Start a street tree planting program, since shade and
buffering from vehicles are critical to pedestrian comfort;
street standards could encourage or require tree-lined streets.
Encourage and permit rain gardens and other green
infrastructure techniques to slow, filter, and absorb water
while making the street greener. Rain gardens and similar
techniques can provide a landscaped zone between the
sidewalk and travel lanes, buffering pedestrians from
the speed, noise, and danger of moving traffic, or can be
installed in curb extensions at crosswalks.
Conduct a parking survey to count all available public and
private parking spaces in the downtown area as a first step
in developing a parking strategy. This strategy should look
realistically at the amount and location of parking needed
for the entire district, rather than requiring each property to
provide all of the parking spaces potentially required for its
operations.
Create a bike/pedestrian plan to identify ways to make
walking and bicycling safer and more appealing.
2. Major Modifications
Develop and adopt street connectivity regulations for new
development areas.
Try a "road diet" that reduces the number of through-lanes
on a street by allocating excess capacity to parking lanes.
bike lanes, landscaped medians, or sidewalks. After careful
review of current and projected traffic numbers, many
communities have found that four- and five-lane roadways
can be reduced to two- or three-lane configurations. Some
communities have found that doing a sample road diet on a
few blocks of a single street creates a demonstration project
that helps show the benefits and low negative impacts of
narrower, greener streets.
Encourage alleys in compact, walkable residential districts.
but with a narrower paved or graveled width (usually 10
to 12 feet) and an easement for utilities (usually 20 feet
overall). In a residential grid, alleys should connect across
blocks to make garbage pickup easier. In commercial areas.
most communities that have alleys require them to be at
least 24 feet wide to allow dumpster access and deliveries.
Require shared parking for commercial businesses, public
and community facilities, and downtown developments.
Develop a parking management plan to take advantage of
existing supply, and reduce parking requirements for new
buildings and redevelopment accordingly.
Create and implement a comprehensive streetscape
improvement plan for major commercial corridors to
improve access for public transit, bicyclists, and pedestrians.
3. Wholesale Changes
Adopt a complete streets policy to require bike.
pedestrian,and transit facilities on all new or rebuilt local
roads.24
Conduct a planning study for a major corridor to re-engineer
the roadway and plan for development that will be "transit
ready" when bus or other transit comes. Communities can
implement this approach gradually through site-planning
requirements, modifications to mixed-use requirements.
24 According to the National Complete Streets Coalition, as of December 2011, 314
communities have adopted or pledged to adopt complete streets policies. For more
information, see: National Complete Streets Coalition. "Complete Streets Atlas."
http://www.completestreets.org/complete-streets-fundamentals/complete-streets-
atlas.
25 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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RIGHT-SIZE RURAL ROADS
density requirements, and parking regulations as the transit
system is enhanced and extended.
Convene a regional task force—including representatives
from counties, towns, regional agencies, and the state
department of transportation, among others—to review
policies, guidelines, and underlying legislation and help
determine changes that would allow and encourage new
development to be more compact and connected, with
less environmental impact and safer, more convenient
transportation choices. In addition to interagency
coordination, identify potential modifications to regional
or state standards, such as street connectivity, access
management, and drainage standards, that would make it
easier for localities, developers, and builders to deliver more
environmentally sustainable transportation networks and
communities.
Require that all new roadways and trails follow design
and connectivity standards and that any new development
reserve terminus points to adjacent undeveloped property
for future required connection.
Convert one-way streets to two-way streets to improve
walkability and mobility and make it easier for customers to
reach businesses in the town center.
Hamburg, New York's Main Street has on-street parking, which helps calm
traffic; bike lanes marked with colored pavement; and clearly marked crosswalks
with curb bulb-outs to shorten crossing distances.
PRACTICE POINTERS
Using green streets techniques during redevelopment of
commercial properties for both new and rebuilt streets and
parking lots can better manage stormwater while making the
street more attractive and appealing.
Review redevelopment standards and regulations to identify
obstacles, determine possible incentives, and encourage
redevelopment of properties along existing roadways.
EXAMPLES AND REFERENCES
Bray, T. and Rhodes, V "In Search of Cheap and Skinny
Streets." Places, Vol. 11:2. 2006. pp. 33-39. http://www.cues.fau.
edu/cnu/docs/In_Search_of_Cheap_and_Skinny_Streets-Bray-
Rhodes.pdf.
Maryland State Highway Administration. When Main Street is
a State Highway. 2002. http://www.marylandroads.com/ohd/
MainStreet.pdf.
New York City Department of Transportation. Street Design
Manual. Revised July 2010. http://www.nyc.gov/html/dot/html/
about/streetdesignmanual. shtml.
Oregon Department of Transportation. Main Street...
When a Highway Runs through It: A Handbook for Oregon
Communities. November 1999. http://www.oregon.gov/ODOT/
HWY/BIKEPED/docs/mainstreethandbook.pdf.
Pedestrian and Bicycle Information Center. "Walkability
Checklist." http://www.walkinginfo.org/library/details.
cfm?id=12. Accessed December 21, 2011.
Seattle Department of Transportation. Right-of-Way
Improvements Manual Version 2.0. Revised May 2011. http://
www.seattle.gov/Transportation/rowmanual.
U.S. Green Building Council. LEED for Neighborhood
Development Rating System. Updated May 2011. http://www.
usgbc.org/DisplayPage.aspx?CMSPageID=148.
Virginia Department of Transportation. "Secondary Street
Acceptance Requirements." http://www.virginiadot.org/projects/
ssar. Accessed April 15, 2010.
Washington State Department of Transportation. Understanding
Flexibility in Transportation Design—Washington. April 2005.
http://www.wsdot.wa.gov/Research/Reports/600/638.Lhtm.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 26
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ENCOURAGE APPROPRIATE
DENSITIES ON THE PERIPHERY
INTRODUCTION
Rural communities generally want to remain rural or maintain
their small-town character. Many of these communities
encourage low-density development in the belief that it will
maintain the rural character. However, low-density developments
are usually more suburban than rural in nature and frequently
use suburban standards for streets, landscaping, setbacks, and
lot sizes. For communities trying to preserve rural character,
development of 2- to 10-acre lots is particularly challenging.
Lots of this size pose a host of problems that often undermine
rural character and make it difficult to protect natural and fiscal
resources. These include:
Infrastructure and services are more costly and inefficient to
provide.25
Residents demand services, such as road maintenance
and recreational facilities, but the supporting tax base is
inadequate to provide these services.
Productive agricultural lands and sensitive natural areas are
fragmented, which makes farming or ranching more difficult
and disrupts natural habitats.
Domestic animals and trash are introduced into agricultural
areas and wildlife habitat.
Future town-level development is often difficult or
impossible if the development does not include easements
for central water or sewer lines or drainage or has limited
and disconnected road rights-of-way.
These lots often rely on septic systems, which can fail (see
Chapter 4: Use Wastewater Infrastructure Practices That
Meet Development Goals).
25 For example, one study describes the potential infrastructure and development cost
savings of traditional neighborhood development versus conventional development.
See: Ford, J. "Comparative Infrastructure & Material Analysis of Smart Growth
& Conventional Projects." Morris Beacon. January 13, 2010. pp. 3-6. http://www.
morrisbeacon.com/media/portfolio-projects/research/MBD-EPA-infrastructure.pdf.
Development on the edge of town, as in Bel Air, Maryland, can include walking
paths to transition between homes and open space.
Directing growth to existing towns uses infrastructure
in which public money has already been invested.
Development that is outside of these areas does not take full
advantage of these taxpayer investments.
Large, spread-out lots make it difficult to walk or bike
to destinations, forcing residents to drive everywhere,
increasing air pollution and greenhouse gas emissions from
driving and making it less convenient for people to work
regular physical activity into their daily routines.
The density of development helps shape the character of a
community. High rises evoke big cities; subdivisions of single-
family homes are typical of many suburbs. Farms, villages,
and towns with small, walkable downtowns are typical of rural
settings. Densities vary by place and circumstance; one key to
preserving a sense of place and improving the community is to
use the appropriate density for the context.
Rural communities often allow land development patterns that
are not dense enough to provide cost-effective services and
infrastructure, but that are too dense to maintain a truly rural
feel. Such development patterns typically fragment agricultural
27 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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ENCOURAGE APPROPRIATI DENSIT ES ON THE PERIPHERY
lands and natural resource areas, which can harm the area's
economic and environmental health.
Typical housing densities of about two to four units per acre
close to town, and one unit per 2 to 10 acres in more rural areas.
can create problems for rural communities. These densities result
in lots that are too big to mow easily and usually too small to
farm. One narrow circumstance in which this pattern can work
is in some areas near cities, where 5 to 10 acres can support a
productive farm-to-market business.
The appropriate density depends on regional context; what
makes sense in rural Virginia might not be the right density
in Montana. In places close to major cities, five units per acre
might make sense, while in ranch lands in the West, one unit per
160 acres might be appropriate.
Appropriate density also depends on the community's
proximity to cities and to agricultural or natural resource areas.
Rural communities on the periphery of cities usually need
to accommodate growth, so they need to determine the right
density to make sure that the inevitable development is done in a
way that enhances the entire community. In communities that are
surrounded by open space and that are not experiencing much
growth, the edge can be a transition zone where clustered homes
on small lots give way to agricultural uses.
A variety of factors fuel low-density development, including:
People want to move to rural communities for the quality of life.
Many people want affordable second and vacation homes in
rural areas.
Rural communities want to grow and to generate jobs.
Greenfield land typically can be developed easily under
current zoning with no special approvals.
Dispersed development typically features single-use pods
of homes or commercial uses that are not connected to other
places. These places lack a town center with a concentration
of other uses. To convert these areas into a pattern that can
thrive over time, rural communities could designate small town
centers. Directing development to those centers could reduce
travel between spread-out housing subdivisions or could at
least shorten the driving time between locations. These clusters
of more intense development with a mix of uses will become
gateways to the homes and businesses located nearby.
RESPONSE TO THE PROBLEM
As discussed above, densities that are inconsistent with
community character in rural areas create a development pattern
that can be worrisome from fiscal, environmental, social, and
health perspectives. Developments that provide transportation
options, opportunities to access a range of businesses, and
access to open space are more likely to sustain themselves over
time by attracting and retaining businesses and residents and by
using resources efficiently. A community should determine what
type of place it is trying to be and then plan for development
patterns and associated densities accordingly. There is no
specific formula or metric to apply. Addressing this issue is
a nuanced process that requires understanding that density
ultimately characterizes an area, no matter what a future land use
map might indicate. For example, if subdivisions with typical
suburban densities are proposed and built, they will likely attract
similar densities and commensurate uses, such as commercial
shopping strips. Connecting development decisions to the plans
that have been developed will help ensure that the community
gets the type of development it envisions.
One way to deal with this density context challenge is for
communities to make sure that their local comprehensive plans
direct new development to areas that are within a natural edge
to the community. For example, a major road or a river might
provide a barrier to expansion and clearly define an edge to the
community.
Another idea for addressing the density context is to expand the
town's street pattern (often a terrain-modified grid) while using
existing infrastructure capacity, with development ending at an
agricultural zone on the community's edge. Some communities
reinforce this approach by limiting utility extensions and
prohibiting septic systems in the undeveloped land beyond
the edge of town. This process will be most effective once the
community has committed to this development pattern, as it
can be continued outside of the core boundaries of the town and
extended to create a consistent density.
These remedies address only the properties at or near a
town's edge. Equally challenging are subdivisions and large.
freestanding residential and commercial developments scattered
in more remote rural areas. These developments are usually
under county purview, so dealing effectively with them requires
cooperation between municipalities and counties. In these cases.
it is important to a town to have a strong relationship with the
county government to ensure that there is consensus on how to
plan for new development. For instance, questions that will need
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 28
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ENCOURAGE APPROPRIATI DENSIT ES ON THE PERIPHERY
to be addressed might include: Will the town's development
densities be continued in targeted areas in the county to create
consistency? What are appropriate densities for transition areas
that are acceptable to both the town and county? Answers to
these questions require discussion and information exchange.
To get public support to implement changes, communities might
need to educate municipal staff and officials, the general public.
and other stakeholders about the advantages of more compact
development—for example, making stores, schools, parks.
and other amenities more economically viable and easier for
residents to get to by putting them closer to homes; economies of
scale in providing services; and fiscal responsibility. Outreach is
typically most effective when it is part of a broader community
or regional planning process. Education and understanding
can help develop the political will to adopt and enforce zoning
codes, development policies, and incentives that will encourage
the desired development patterns.
EXPECTED BENEFITS
Having densities set in advance for designated growth areas
gives landowners and developers more predictability.
More compact development reduces taxpayer costs for local
government-provided infrastructure and services.
Compact development accommodates more growth in
developed areas, helping to preserve large contiguous blocks
of open space, agricultural lands, and natural resource areas
such as wetlands and wildlife habitat.
Compact development reduces interference with agricultural
operations and helps keep farming and ranching viable in
the community.
Development that is compact and well-connected makes
walking and biking more appealing, which can make it
easier for people to work activity into their daily lives and
improve their health.
Shorter driving distances and more transportation options
help reduce greenhouse gases and other pollution.
STEPS TO IMPLEMENTATION
1. Modest Adjustments
Develop design regulations that require street connectivity
with adjacent neighborhoods, and create land use district
transitions to adjacent agricultural or undeveloped areas.
Allow cluster or conservation subdivisions at the edge
of town to transition to true rural areas (see Chapter 7:
Use Cluster Development to Transition From Town to
Countryside).
Designate locations for small hamlets in rural areas to
serve as local service centers for residents. Focus public
efforts and programs such as outreach from the chamber of
commerce for small business development on these centers
to help develop viable small businesses and services.
Prioritize public works improvements and investment
in existing town business districts. Create incentives to
encourage well-designed development adjacent to town to
make the best use of these investments.
2. Major Modifications
Adopt town and county comprehensive plans that
recommend appropriate densities in town influence areas.
Establish community service areas in comprehensive plans
that limit service provision to towns and town influence
areas.
Adopt true agricultural zone districts (one unit per 20 to
80 or more acres). The size of these districts can vary
somewhat depending on geographic region, sites, soils.
and the type of agricultural business. Encourage use of
conservation easements in these districts.
Require minimum densities in areas designated for growth.
Require cluster or conservation subdivisions to be located at
the town's edge to provide transition to rural areas. Do not
allow them in active agricultural areas or in sensitive natural
areas outside town influence areas.
Revamp the annexation policy to support appropriate
densities on the periphery of growth areas. Depending on
local context, communities annex land to expand the tax
base or to ensure that a particular area is developed in a
specific manner once zoning is applied (see Chapter 8:
Create Annexation Policies and Development Standards
That Preserve Rural Character). Many peripheral areas that
could later be annexed are developed with densities that are
not appropriate to the character of the area.
29 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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ENCOURAGE APPROPRIATI DENSIT ES ON THE PERIPHERY
3. Wholesale Changes
Undertake joint town-county planning to develop consistent
growth management policies that designate preferred growth
areas and limit the use and location of large-scale PUDs
and new rural towns in unincorporated areas outside town
influence areas.
Create a review process to ensure that new developments
are balanced communities providing a full range of services.
housing, and employment, rather than isolated subdivisions.
Adopt an adequate public facilities ordinance (where
permitted by state code) that sets criteria for utility
expansion and service of outlying developments, and
require areas that fail to meet public facility standards to
be prioritized in local capital spending plans. Require that
infrastructure, such as roads, water and sewer service, and
schools, be in place when new development is constructed.
PRACTICE POINTERS
Analyze whether existing zoning and subdivision provisions
allow division of land for residential development without
subdivision review. Piecemeal subdividing without review
opens the door for development in rural areas that fragments
agricultural or natural lands over time.
The appropriate lot size in agricultural zone districts will
vary depending on the region, state, land use patterns, and
types of agriculture. Close to urban markets, smaller lots
can be appropriate, generally if agricultural zoning and tax
exemption requires proof of active agricultural use.
Some local governments have provided support for land
trusts to purchase or accept donation of conservation
easements from farmers and ranchers, allowing landowners
to realize some value while maintaining agricultural
operations.
Public outreach and education—using meetings, workshops.
and development charrettes—are important to implementing
these significant changes.
EXAMPLES AND REFERENCES
Bowers, D. "Achieving Sensible Agricultural Zoning to Protect
PDR Investment." Presented at the Protecting Farmland at the
Fringe conference, September 6, 2001. http://wwwfarmlandinfo.
org/documents/29520/Achieving_Sensible_Agricultural_Zoning_
full_presentation.pdf.
Burchell, R. et al. Cost of Sprawl -2000. TCRP Report 74.
Transportation Research Board. 2002. pp. 56-80. http://
onlinepubs.trb.org/Onlinepubs/tcrp/tcrp_rpt_74-a.pdf.
County of Marin, California. "Marin Countywide Agriculture
Element - Executive Summary." http://www.co.marin.ca.us/depts/
cd/main/comdev/advance/cwp/ag.cfm. Accessed January 8, 2010.
Daniels, T "What to Do about Rural Sprawl?" Presented at the
American Planning Association Conference, Seattle, WA. April
28, 1999. http://www.mrsc.org/subjects/planning/rural/daniels.
aspx.
Duerksen, C. and Van Hemert, J. True West: Authentic
Development Patterns for Small Towns and Rural Areas.
American Planning Association. 2003.
Freedgood, J., Tanner, L., Mailler, C., et al. Cost of Community
Services Studies: Making the Case for Conservation.
American Farmland Trust. 2004. http://www.farmlandinfo.org/
documents/27757/FS_COCS_8-04.pdf.
Freedgood, J. Saving American Farmland: What Works.
American Farmland Trust. 1997. http://www.farmlandinfo.org/
farmland_preservation_literature/index.cfm?function=article_
view&articleID=29384.
Livingston, A., Ridlington, E., Baker, M. The Costs of Sprawl:
Fiscal, Environmental, and Quality of Life Impacts of Low-
Density Development in the Denver Region. Environment
Colorado. 2003. http://www.policyarchive.org/handle/10207/5153.
Pruetz, R. Beyond Takings and Givings. Arje Press. 2003.
U.S. Department of Agriculture. Farmland Protection Policy
Act. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/
programs/alphabetical/fppa/?&cid=nrcsl43_008275. Accessed
December 11, 2009.
Washington Department of Community, Trade and Economic
Development. Keeping the Rural Vision: Protecting Rural
Character & Planning for Rural Development. 1999. http://
www.cted.wa.gov/DesktopModules/CTEDPublications/
CTEDPublicationsView.aspx?tabID=0&alias=CTED&lang=en&It
emID=974&MId=944&wversion=Staging.
Wells, B. Smart Growth at the Frontier: Strategies and Resources
for Rural Communities. Northeast-Midwest Institute. 2002. http://
www.activelivingbydesign.org/events-resources/resources/smart-
growth-frontier-strategies-and-resources-rural-communities.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 30
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w
USE CLUSTER DEVELOPMENT TO
TRANSITION FROM TOWN TO
COUNTRYSIDE
INTRODUCTION
Cluster or conservation development26—homes clustered on
a portion of a site and the rest of the land preserved as open
space—is used to preserve large tracts of open space and
agricultural land. Clustering allows landowners and developers
to attain the overall allowable density on a site—getting the
most development potential out of the site—while preserving a
significant amount of it as open space. While clustering can be
an effective tool, many rural jurisdictions do not get the results
they expect.
If they are near agricultural lands, cluster developments can
introduce residents into the area who might not be used to living
near farming operations. Complaints about noise, dust, and
odors; harassment of livestock by domestic pets; and other issues
often follow. Nearby farms might be forced to take expensive
mitigation measures or even shut down. Similarly, cluster
developments in ecologically sensitive areas can fragment
wildlife habitat, introduce invasive species to the detriment of
others, and introduce humans and pets into the habitat. For these
reasons, cluster developments should be carefully located.
Cluster developments work best where towns transition to true
rural areas with active agricultural or livestock operations and
large contiguous natural areas. In transition areas, the developed
cluster can be adjacent to existing development on the edge
of town, with the open space acting as a transition or buffer
that separates the development from undeveloped areas. This
approach can work as long as extensive additional growth is not
expected; otherwise, that additional growth could leapfrog to the
other side of the cluster buffer with limited connections to the
town.
26 These terms are nearly interchangeable. For the purpose of this chapter, only
cluster developments^ be used.
Cluster development can help a rural community transition between town and
countryside. Prairie Crossing in Grayslake, Illinois, clustered homes to protect a
large swath of prairie. The community includes a station on a rail line that goes
to Chicago, a working farm, historic community buildings, and energy-efficient
new homes.
31 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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USE CLUSTER DEVELOPMENT TO TRANSITION FROM TOWN TO COUNTRYSIDE
Cluster developments are often stand-alone subdivisions in the
countryside surrounded by open space, unconnected to towns
and requiring residents to drive long distances to get to daily
destinations. Learning from this experience, local governments
are beginning to direct cluster development to the periphery of
existing towns and villages or are limiting their size (e.g., no
more than 10 residential lots) to control the impact they have
on rural character, agricultural operations, and wildlife habitat.
However, even with these strategies, cluster developments can
create concentrations of homes in locations so spread out that
residents still must drive everywhere.
RESPONSE TO THE PROBLEM
As a first step, small towns and rural counties can adopt zoning
and subdivision provisions that allow cluster development
only at the periphery of towns. Rural local governments
often resist smaller lots (e.g., less than 2 acres) in rural areas,
assuming that they will erode rural character. However, when
cluster developments are used in appropriate locations—areas
between towns and true rural areas—they can provide a smooth
transition between town-scaled development and open lands.
The homes can be adjacent to already-developed areas (to
provide connectivity) or areas with an available mix of uses,
infrastructure, and services, while the open space portion of the
site provides a buffer between the built-up area and rural land.
To use cluster development effectively, communities need to
decide which transition areas are most appropriate for this
approach. Offering zoning and/or development incentives
can encourage development in those locations. By mapping
areas that should be preserved as working lands or natural
resource areas and areas that could support future infrastructure
expansion, the community can direct development to locations
that make sense. Requiring open space preserved through cluster
development to abut existing open spaces protects large blocks
of land, which better supports agriculture, wildlife habitat, and
rural landscapes over the long term.
Some communities mandate standards for cluster development
in their ordinances. Others offer voluntary cluster development
ordinances with incentives, such as density bonuses. Density
bonuses can be flexible, with the number of additional units
based on the quality of the design or other community benefits.
Clustering offers the most benefits to the community when
Serenbe, a development about 30 miles southwest of Atlanta, Georgia,
preserves more than 70 percent of its land as farmland and natural green
space. It clusters development into three hamlets that include various housing
types, restaurants, live-workspaces, stores, and services.
cluster development locations are chosen based on local and
regional priorities for preserving natural habitat and cultural
treasures. Communities could measure how well a proposed
cluster development meets specific, measurable factors such as:
The per unit amount of impervious surfaces, road length, or
loss of woodlands and other specific resources.
Orientation of lots around a central green or square or
an amenity such as a meadow, a stand of trees, a lake, or
another natural feature.
Preservation of visually prominent areas such as ridges or
hilltops and areas along secondary public roads.
Reducing peak discharges of stormwater runoff to levels
that consistent with the discharges from that site before it
was developed.
Capture of 80 percent of the sediments and pollutants in
runoff from a one-year storm event.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 32
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USE CLUSTER DEVELOPMENT TO TRANSITION FROM TOWN TO COUNTRYSIDE
EXPECTED BENEFITS
Well-designed and -located cluster development can provide
an appropriate transition between town and countryside.
Cluster development can permit ranchers, farmers, and other
landowners to realize development value from their property
while protecting large, contiguous blocks of open space for
agriculture or to protect sensitive natural areas.
Local governments can avoid fragmentation of agricultural
lands and wildlife habitat when they approve cluster
development in preferred locations inside town influence
areas.
Compact, well-designed cluster development requires less
paved area for roads and less expansion of water and sewer
infrastructure.
Cluster development can provide environmental and fiscal
advantages, such as reducing infrastructure costs and
making it cheaper to provide community services (e.g..
police and fire protection).
STEPS TO IMPLEMENTATION
1. Modest Adjustments
Require open space, agricultural, and/or ranchland
preservation plans on the development site as part of a
cluster development proposal.
Create a comprehensive cluster development policy.
summarizing the community's vision for land uses.
connectivity to the existing town, and natural resource
preservation for new development proposals.
Provide modest density bonuses to encourage cluster
development in town influence areas (e.g., one additional
unit for every 10 units permitted under current zoning).
Allow community septic systems for cluster developments
in town influence areas where central sewer is not available.
2. Major Modifications
In comprehensive plans, designate growth areas that are
appropriate locations for cluster development.
Adopt comprehensive cluster development regulations as an
alternative to standard development in all zone districts on
the town's edges.
Adopt future development standards so that clusters in
town influence areas can accommodate more development
and get infrastructure in the future (e.g., provide easements
for water and sewer lines and drainage or designate future
connections for rights-of-way to create a connected street
network).
3. Wholesale Changes
Require open space, agricultural, and/or ranchland
maintenance and management plans for all cluster
development.
Prohibit cluster development in viable agricultural and
sensitive natural areas. Designate prohibited locations in the
land use plan and on the zoning map.
Mandate that permit approvers use specific performance
criteria in reviewing and approving cluster subdivision
proposals.
PRACTICE POINTERS
In drafting cluster subdivision provisions, specify preferred
locations for open space (e.g., environmentally sensitive
areas). Encourage sites that are contiguous with existing
development, but allow non-contiguous open space in
specific, defined circumstances (e.g., where there are
multiple natural features on a site such as streams and steep
slopes).
During the planning phases, ensure the development
includes open space, preserves views, and limits impacts on
natural areas as required by the local jurisdiction.
Reach out to landowners and developers to educate them
about the process and the benefits of cluster development.
especially the potential tax advantages of putting easements
in place.
33 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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USE CLUSTER DEVELOPMENT TO TRANSITION FROM TOWN TO COUNTRYSIDE
EXAMPLES AND REFERENCES
Arendt, R. Conservation Design for Subdivisions: A Practical
Guide to Creating Open Space Networks. Island Press:
Washington, DC. 1996. pp. 33-38.
Church, J. "Local Community Resources: Cluster/Conservation
Development." University of Illinois Extension. http://urbanext.
illinois.edu/lcr/LGIEN2000-0010.html. Accessed January 8,
2010.
Duerksen, C. and Snyder, C. Nature-Friendly Communities:
Habitat Protection and Land Use Planning. Island Press:
Washington, DC. 2005. "Chapter 4: Baltimore County, MD:
Using the Whole Toolkit for Habitat Preservation."
Haines, A. "Regulatory Approaches to Conservation
Subdivisions in Wisconsin." The Land Use Tracker, University
of Wisconsin-Stevens Point, Center for Land Use Education.
vol.2, no.l. 2002. http://www.uwsp.edu/cnr/landcenter/tracker/
Summer2002/Tracker.html.
Ipswich River Watershed Association (Massachusetts). Water
Wise Communities: A Handbook for Municipal Managers in
the Ipswich River Watershed. 2006. http://ipswich-river.org/
resources/water-wise-communities-handbook.
Ohm, B. An Ordinance for a Conservation Subdivision.
University of Wisconsin Extension. 2000. http://urpl.wisc.edu/
people/ohm/consub.pdf.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 34
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ra
CREATE ANNEXATION POLICIES
AND DEVELOPMENT STANDARDS
THAT PRESERVE RURAL CHARACTER
INTRODUCTION
Communities often have the most control or influence over
development on their edges when they annex those areas.
Communities can determine how annexed land can help advance
the community vision and planning goals and ensure that public
costs of developing annexed areas (including infrastructure
capital and operating costs and public services) are balanced
with potential tax and other revenues.
Because many rural communities have resource constraints,
they might not have the capacity to effectively evaluate all
proposed annexations. Few have adopted annexation policies
that are coordinated with their comprehensive plans and growth
strategies. Nor have most rural towns reached agreements with
surrounding or adjacent counties and townships regarding
town-level residential and commercial development proposed
in surrounding unincorporated areas. Such agreements typically
require the proposed development to explore annexation with the
adjacent town or village prior to receiving approvals or to agree
not to object to future annexation requests by the town. Without
evaluation standards, annexation policies, or interjurisdictional
agreements, the result is often spread-out or scattershot rural
developments that drain local government coffers, strain
government service and infrastructure providers, and contradict
local comprehensive plans and community goals.
Over time, rural small towns often become financially
overwhelmed by providing services to low-density, spread-out
developments in surrounding unincorporated areas. This pattern
typically occurs when development is allowed on large lots—
one unit per 2 or more acres—that use wells and septic systems
rather than centralized water treatment. Local governments
might find they cannot annex and develop these areas because
there are no easements to run water and sewer lines; rights-of-
way and street linkages are inadequate to build a grid of town
streets; and the scattered, large-lot pattern makes village-scaled
developments nearly impossible. As a result, pressure mounts
Vienna, Maryland, annexed a large parcel of land (outlined in red) in its
designated growth area. Two-thirds of the parcel is protected open space that
creates a greenbelt and provides buffers for waterways and for farmland. The
remaining land can be developed but must connect to the town; one potential
concept for this development is illustrated in this plan. Building and street design
guidelines, architectural standards, and other guidelines will help the new
development fit with Vienna's character. The goal is for the new neighborhood to
become a true extension of the town.
for development that can leapfrog the low-density, spread-out
developments.
One of the most important forces driving annexation is the desire
of cities and towns to increase their tax base and revenues. In
areas with multiple jurisdictions that are experiencing growth,
municipalities also find that if they do not annex aggressively,
they might be hemmed in by others' annexations, thus limiting
their ability to expand. Municipalities might also believe the
only way to ensure that growth in the surrounding region occurs
35 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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CREATIE ANNEXATION POLICIES AND DEVELOPMENT STANDARDS THAT PRESERVE RURAL CHARACTER
responsibly is to annex areas to gain control over planning.
development, and design decision-making before development
occurs.
However, jurisdictions need to be thoughtful about the long-term
implications of annexation. In some cases, public expenditures
on annexed areas can exceed increased tax revenues from these
areas, especially over the long term. This imbalance is often true
of lower-density development added near—but not contiguous
to—existing communities, which requires road improvements
and infrastructure extensions. Even if a development pays the
full initial costs of infrastructure improvements—and many
states do not allow communities to require such payments—the
increased operating, maintenance, and service costs of more
dispersed development still can have a major long-term impact
on the community's budget (see Chapter 2: Incorporate Fiscal
Impact Analysis in Development Reviews).
RESPONSE TO THE PROBLEM
Rural communities can consider the following policies to
improve the annexation process and ensure that annexed areas
meet the community's development standards:
Revise local codes to require that annexations be included in
the comprehensive planning process.
Develop intergovernmental processes and agreements—
building partnerships between counties and municipalities
and between neighboring municipalities—to guide and
govern planning and funding for expansion and annexation.
Establish criteria and a standard review process for potential
annexations, including criteria for fiscal impact analyses;
required road and infrastructure connections; assessing the
need for parks, open space, schools, and other community
facilities; and development standards.
Develop an integrated approach to make sure that
annexation is concurrent with adopted zoning and
development standards for required infrastructure and
community facilities.
Provide early and frequent opportunities for meaningful
citizen participation in annexation and development
decisions.
In addition to consideration of development-specific fiscal
impacts, annexation review should involve assessment of
the community's overall infrastructure capacity—regional
transportation, water supply, sewers, schools, parks, fire
stations, and other civic facilities. This underlying needs and
capacity analysis can help determine what kinds of facilities
will be required in areas to be annexed and can be a starting
point for negotiations, proffers, or exactions from individual
developments (depending on state laws).
Because ad hoc annexation is often driven by local competition
for tax revenue, communities could also choose to work with
nearby jurisdictions to coordinate their local taxation systems.
Revenue sharing among jurisdictions, where allowed by state
statute, is one potential solution. Intergovernmental cooperation
could also include working together as a coalition to apply for
federal and state economic and community development funds.
In some states, towns and counties sign intergovernmental
agreements to apply town standards in town influence areas. In
others, state law gives municipalities the authority to impose
their subdivision standards on county subdivisions around their
borders. Some local governments draft joint land use plans
between towns and counties for areas around towns and adopt
joint land use regulations to ensure that new development meets
town standards.
Successful use of annexation requires the coordination of
partnerships among neighboring local governments, residents.
environmental groups, businesses, and developers. These
partnerships are frequently an outgrowth of a regional planning
process that creates a shared vision of how and where the
community should grow and what it should look like in the
future (see Chapter 1: Determine Areas for Growth and for
Preservation). A shared vision can help rural towns reach
agreements with surrounding and adjacent counties to require
that town zoning, subdivision standards, and design guidelines
be applied to new developments in designated growth areas
outside the town's borders. This collaboration could result in
development with a better-connected network of roads, wider
rights-of-way, and reserved or dedicated connection points to
accommodate more compact future development when that
development is annexed into the adjacent town. In some areas.
towns and counties have reached agreements that require
developments in unincorporated areas to include language
in deeds or homeowners' association agreements stating that
residents agree not to object if the town wants to annex the
development in the future.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 36
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CREATIE ANNEXATION POLICIES AND DEVELOPMENT STANDARDS THAT PRESERVE RURAL CHARACTER
One strategy to ensure that areas to be annexed are compatible
with the existing community is to create a plan for annexation
based on the patterns and character of adjacent neighborhoods.
To define the desired development type more specifically.
communities can adopt a unified development ordinance
that brings together subdivision and zoning ordinances and
neighborhood development regulations, including street
design guidelines and connectivity requirements, development
standards that allow a mix of uses and a variety of home and
lot sizes, utility and open space guidelines, and protection of
sensitive habitat and cultural resources.
EXPECTED BENEFITS
Local governments can secure community benefits, such
as open space and infrastructure contributions, during the
annexation process.
Fiscal impact analyses required as part of a community
annexation policy will give local governments a more
accurate picture of the true costs and benefits of a proposed
development in terms of potential tax revenues and costs of
services and facilities.
Annexation agreements avoid intergovernmental
competition for territorial expansion that can lead to over-
extension of town boundaries and a scattered, leapfrog
development pattern.
Orderly annexation helps preserve rural resources, such as
agriculture, open space, stormwater infiltration, working
lands, and natural habitat, and maintain a distinction
between "town" and "country."
Annexation policies help avoid the ad hoc formation of
small, incorporated municipalities that can hinder the
expansion of existing towns.27
Orderly, planned community expansion accommodates
population growth and provides the tax base required to
meet the community's objectives.
Subdivisions and commercial development in town
influence areas will be built to standards that make it easier
for the properties to accommodate new development or to
be annexed into the town in the future.
27 Towns sometimes incorporate to avoid being subject to taxes imposed by a
neighboring jurisdiction to pay for municipal services.
Uniform town-county standards in town influence areas help
to create predictability regarding community expectations.
Uniform standards based on joint planning will help
produce rational settlement patterns that preserve the ability
of the town to expand in a logical fashion, thereby helping
to prevent inefficient leapfrog development.
Better planned, more functional town centers can emerge.
serving larger areas more efficiently. In addition, the area
can attract a greater, more diverse mix of amenities, stores.
services, and job opportunities.
STEPS TO IMPLEMENTATION
1. Modest Adjustments
Encourage future annexations to be consistent with the
community comprehensive plan (or local equivalent) and
require that the comprehensive plan maps and describes
future potential areas of annexation.
Encourage future potential annexation areas mapped in the
comprehensive plan to include a preliminary identification
of anticipated zoning as well as a preliminary analysis of
how municipal services and infrastructure (e.g., water.
sanitary sewer, stormwater, transportation, and police and
fire) would be funded. This analysis should be based on
community service standards and an assessment of existing
conditions and revenue capacities in the mapped areas.
Encourage mapping of potential future annexation areas
in the comprehensive plan to identify and evaluate prime
agricultural lands, important wildlife habitat, areas of
special ecological value or concern, and lands contaminated
by past agricultural or industrial activities.
Establish a code requirement that the transportation element
of the community comprehensive plan (or local equivalent)
identify a future network of streets connected with the
existing town pattern for any potential future annexation
areas mapped in the plan. Require that extensions of the
existing street network be mapped to meet minimum
internal connectivity standards within any annexed areas.
as well as external connections with existing and future
neighborhoods and developed areas.
Require annexation proposals to be accompanied by a site
plan with enough specificity to allow the local government
to undertake a fiscal impact analysis.
37 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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CREATE ANNEXATION POLICIES AND DEVELOPMENT STANDARDS THAT PRESERVE RURAL CHARACTER
In Sonoma County, California, the Local Agency Formation Commission (LAFCO) reviews and approves proposed annexations. LAFCOs were created by state law to
coordinate local government agencies and protect farmland.
Encourage communities to work together as a coalition to
potentially gain an advantage in seeking federal and state
economic and community development funding.
Encourage towns and counties to undertake joint land use
planning in town influence areas, to adopt plans designating
growth areas, and to establish similar development quality
and improvement policies.
Encourage counties to require new development in town
influence areas to meet the town's subdivision ordinance and
other development standards (e.g., street design guidelines
and connectivity requirements, development standards,
utility guidelines, and design guidelines) or to be capable of
upgrading to meet such standards upon annexation.
2. Major Modifications
Adopt detailed fiscal impact analysis requirements for
proposed annexations, including criteria for comparing
revenues to costs. Include provisions for additional fees
and funding to rectify imbalances where costs outweigh
revenues. Include provisions for special cases where
annexation of lands can be justified based on other
community objectives (e.g., protecting open space,
recreational lands, or water supplies).
Establish a minimum contiguity requirement for any
proposed annexation area depending on the physical
character of the site. A sample requirement might be that
at least 25 percent of the circumference of any proposed
annexation must be coterminous with the existing
incorporated area, subject to exceptions for bodies of water,
public parks, or other similar features. An adjunct provision
or variation would be to prohibit "flagpole"28 annexations.
Develop and adopt joint infrastructure standards (for
water, sanitary sewer, stormwater, and streets) for use by
a municipality and a surrounding or adjacent county or by
multiple municipalities and/or counties to be applied to
proposed development in areas that the parties have agreed
could eventually be annexed into a municipality. These
standards ensure that development in future annexation
areas is designed to be consistent with the municipalities'
standards.
28 A flagpole annexation is a parcel that is connected to a larger entity, such as a
municipality, by a narrow strip of land.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 38
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CREATIE ANNEXATION POLICIES AND DEVELOPMENT STANDARDS THAT PRESERVE RURAL CHARACTER
Require that annexed parcels be zoned in accordance with
the adopted comprehensive plan.
Develop an intergovernmental agreement between one
or more municipalities and one or more counties to guide
the annexation process in potential annexation or growth
areas mapped in the agreement. Include provisions
addressing infrastructure standards, funding of infrastructure
and services, and approval processes of the affected
jurisdictions.
Build on any joint town-county plans for town influence
areas, and adopt uniform zoning and subdivision standards
by intergovernmental agreement.
3. Wholesale Changes
Where allowed by state law, the town and county could
form a joint planning commission to undertake development
reviews and apply uniform standards in town influence
areas.
Develop an intergovernmental agreement between
one or more municipalities and one or more counties
providing for development and adoption of a regional and
multijurisdictional comprehensive plan. Include provisions
for identifying areas of potential future annexation and
provisions for zoning, infrastructure, lands of special
concern, and street extensions.
Develop a regional compact or intergovernmental agreement
for revenue sharing to reduce or eliminate the pressures to
annex land for municipal budget growth. Include a "fix it
first" component in the agreement to ensure that existing
facilities and infrastructure are not abandoned or allowed to
further deteriorate in favor of new development in annexed
areas.
PRACTICE POINTERS
Annexation law and policy are among the most
controversial aspects of growth management. Several states
are currently legislating on the subject of annexation—
changing laws governing municipalities' authority to annex
land, establishing or revising criteria for annexations.
requiring additional review and approval by adjacent
counties and municipalities, or providing for oversight by
third parties or agencies. The first step for any municipality
is to make sure that existing and proposed local ordinances
are consistent with state law.
Issues related to estimating the costs of extending
infrastructure and services into potential annexation areas
are difficult to resolve if there are no agreed-upon standards
for the timing, placement, and design of facilities and
services. Establishing the design and service standards
that will be used to estimate the cost of providing facilities
and services—ideally in cooperation with other area
governments—will help localities make rational and
consistent annexation decisions.
One potential benefit of good annexation policy, especially
with multiple jurisdictions involved, is avoiding the
leapfrogging of residential and commercial development
into rural areas. This benefit will not be realized if the
county continues to permit development that is not rural in
character. Changes to county zoning and land development
codes are an essential component in a rational annexation
process.
To support small towns and rural counties, which typically
have limited planning and development staff, state and
regional organizations can compile a list of federal funding
resources that can be used as incentives, or "carrots," to
counter what might be perceived as the "stick" of limitations
under revised annexation policies.
Joint planning efforts typically require significant public
involvement and education to ensure that residents of
both the town and county, especially those in the town
influence area, have a chance to influence decisions. These
efforts are important in areas facing growth pressures as
well as in older areas with little growth, where the town is
declining and the limited growth in that area is moving into
surrounding greenfields.
EXAMPLES AND REFERENCES
Boulder County, Colorado. Boulder County Comprehensive
Plan, http://www.bouldercounty.org/government/pages/bccp.
aspx. Accessed February 22, 2012.
Colorado Office of Smart Growth. Planning for Growth:
Intergovernmental Agreements in Colorado. September
2006. http://cospl.coalliance.0rg/fez/eserv/co:3186/
Ioc61202p692006internet.pdf.
39 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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CREATIE ANNEXATION POLICIES AND DEVELOPMENT STANDARDS THAT PRESERVE RURAL CHARACTER
Denver Regional Council of Governments. Mile High Compact.
http ://www. drcog. org/index.cfm?page=MileHighCompact.
Accessed January 7, 2010.
Edwards, M. "Understanding the Complexities of Annexation."
Journal of Planning Literature. Vol. 23, No. 2, 119-135. 2008.
http://jpl.sagepub.eom/cgi/content/abstract/23/2/119.
Hinze, S. and Baker, K. Minnesota's Fiscal Disparities
Programs. 2005. http://www.house.leg.state.mn.us/hrd/pubs/
fiscaldis.pdf.
Local Agency Formation Commission of Monterey County.
California. Policies and Procedures Relating to Spheres of
Influence and Changes of Organization and Reorganization.
Adopted April 25, 2011. http://www.co.monterey.ca.us/
lafco/201 l/WEB%20POSTS/OLD/June%2016/Policies%20
and%20Procedures%20 April%2025%202011 .pdf.
Larimer County, Colorado. Larimer County Urban Area Street
Standards. Revised April 2007. http://www.co.larimer.co.us/
engineering/GMARdStds/GMARdStds.htm.
Larimer County, Colorado. "Rural Land Use Center." http://
www.co.larimer.co.us/rluc/. Accessed January 8, 2010.
Nelson, A. Urban Containment in the United States. American
Planning Association. April 2004.
Town of Berthoud, Colorado. "Town of Berthoud/Larimer
County Intergovernmental Agreement." Executed August 22.
2000. http://www.co.larimer.co.us/planning/planning/berthoud_
iga.pdf.
Town of Vienna, Maryland. 2003 Town of Vienna Comprehensive
Plan—2009 Comprehensive Plan Amendments. September 2009.
http://www.viennamd.org/2009_gvcomp_revision.pdf.
Trohimovich, T. "How the Growth Management Act Changed
Annexation & Current Issues in Annexation." 1000 Friends
of Washington. 2004. http://www.futurewise.org/resources/
publications/Annexation.pdf.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 40
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H
PROTECT AGRICULTURAL AND
SENSITIVE NATURAL AREAS
INTRODUCTION
Sensitive natural areas such as wetlands, wildlife habitat,
beaches, and steep slopes are important from an environmental
perspective, but they also help create the special character of
rural areas. They are often important contributors to the local
economy, bringing tourism, providing ecosystem services like
protecting water quality, and supporting the health of working
farmland, forests, and fisheries.
Rural local governments know that working lands, farms,
prairies, forests, and rangelands are central to both their heritage
and their economic future. Working lands are often at the heart
of communities' distinctive rural character—and are often the
reason the towns were settled in the first place. Many rural
places depend economically on traditional resource industries,
such as agriculture, forestry, and mining, and related processing,
manufacturing, and trade. In a successful rural economy, a
healthy balance can be maintained between the tourist and
resource sectors, such as a vineyard that includes a restaurant
and a shop, or an orchard with a cider mill and a catalog store
operation. Developing supportive policies, land use regulations,
and zoning that allow an "agricultural workplace" category can
help keep families on the farm and prospering.
RESPONSE TO THE PROBLEM
Jurisdictions are adopting a variety of protective regulations,
land use planning policies, land acquisition programs, density
transfer programs, and land preservation programs to protect
sensitive natural areas and wildlife habitat, as well as to preserve
and maintain farmland. The actual or speculative loss in value
that occurs when a local government enacts land use regulations
to protect land can cause controversy and could spawn legal
action. In response, local governments have turned to tools and
techniques that provide options for landowners to recoup some
of the land value that might be diminished, or perceived to be
diminished, by regulations.
Under the zoning code in Kailua-Kona, Hawaii, farms can offer tours of their
facilities and sell coffee to the public.
Two relevant programs are purchase of development rights
(PDR) and transfer of development rights (TDR). PDR and
TDR programs can help gain new support for land protection
strategies in rural areas by offering some compensation to
affected landowners to offset their potential loss in value. In
concept, PDR and TDR programs are simple. A typical rural
property identified for possible preservation, which contains
high-value natural resource areas or agricultural lands, could be
zoned for 1- or 2-acre-lot residential development. To protect
the land under a PDR program, the local government would
appraise the value of the development rights on a parcel and
then purchase a conservation easement that either prohibits
development or allows it only at a lower density. Public access to
the preserved land might or might not be part of the transaction.
Funding for the PDR program might come from general tax
revenues, an open space bond issue, or a dedicated funding
source such as an earmarked sales tax. The owner typically stays
on the property and continues to use the land as he or she did
prior to the agreement.
41 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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PROTECT AGRICULTURAL AND SENSITIVE NATURAL AREAS
Under a TDR program, the local government classifies property
as sensitive land or agriculture through tools such as agricultural
zoning or sensitive lands protection regulations, putting
much of the land off-limits to development. This action turns
such properties into "sending areas." To reduce the financial
impact on the sending-area landowner, the local government
allows the landowner to sell his or her development rights
to a developer who wants to build in a designated growth
area—the "receiving area." The developer pays the sending-area
landowner for those development rights and then has the right
to build more than originally designated. If the TDR program
is designed correctly, with a clear understanding of how large
the sending and receiving areas should be to create a viable
market for development rights, it can be an effective tool to
protect large tracts of open space and working farmland. Local
government staff must pay attention to the mechanics of the
process (e.g., how to determine how many development rights
are assigned to a particular property and the documentation of
the transfer). Successful TDR programs like those in the New
Jersey Pinelands29 and Montgomery County, Maryland,30 can
be an effective melding of regulations and incentives. In many
jurisdictions, this combination could be more appealing than
regulations alone.
Other financial tools that help make it possible for landowners
to keep farmland in production and avoid the need to sell land
include federal, state, and local conservation tax credits, which
provide incentives for donating land or conservation easements.
and local tax policies, such as use value taxation, which assesses
farmland or conservation land at a lower value than it would be
worth if sold for development.
Updated zoning can also support job creation that considers
social and environmental impacts while preserving working
farms and lands, especially smaller farms that can become
surrounded by development. Older zoning might not allow
commercial, light manufacturing, retail, or related uses in an
agricultural zone. A new "agricultural workplace" zone could
allow those uses on an owner-occupied farm, allowing economic
development activities, home offices, on-farm sales, and
agriculture-related industry.
29 New Jersey Highlands Water Protection and Planning Council. "Established TDR
Programs in New Jersey." State of New Jersey Department of Agriculture. 2007.
http://www.nj.gov/agriculture/sadc/tdr/casestudy/tdrexamplesnj.pdf.
30 Montgomery County, Maryland, Department of Economic Development. "TDR
Program Overview." 2006. http://www.montgomerycountymd.gov/content/ded/
agservices/pdffiles/tdrjnfo.pdf.
EXPECTED BENEFITS
Preserving natural resources contributes to local economies
by bringing tourism, hunting, fishing, and other recreational
uses.
Protecting working lands and farms contributes to the
economy and rural character while preserving property
values.
Preserved areas tend to cost local governments less than
they produce in taxes, due to lower demand for costly town-
level services when land remains undeveloped.
TDR programs that direct development to designated
growth (receiving) areas preserve open space, reduce
fragmentation of sensitive natural areas, and reduce
opposition to agricultural and sensitive lands protection
programs.
TDR receiving areas allow more cost-effective delivery of
government-funded infrastructure and services and focus
development to attract more consumers, services, and
commercial development.
Preserving agricultural lands and jobs supports agriculture-
related economic development that is sustainable over the
long term.
STEPS TO IMPLEMENTATION
1. Modest Adjustments
Identify and map sensitive natural resources.
Adopt policies to protect these resources, including limiting
capital improvements (such as road improvements or
extending water and sewer lines beyond certain developed
areas) that might lead to development or degradation.
Include opportunities to preserve individual sensitive natural
areas in rural towns that connect to larger environmentally
sensitive areas and open space in the countryside.
Seek assistance from state natural resource agencies
in development reviews and assessment of impacts on
sensitive natural areas. Require larger projects to provide
funding that will allow the local government to retain a
consulting planner or resource biologist, or charge sufficient
application fees to pay for such reviews.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 42
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PROTECT AGRICULTURAL AND SENSITIVE NATURAL AREAS
Establish government service boundaries to encourage
in-town development. Demonstrate the cost of service
provision outside these boundaries to property owners.
Work with local land trusts to help secure conservation
easements, provide technical assistance, and explain to
potential donors the process and the benefits they might
realize from pursuing a conservation easement.
Enact protective regulations such as development setbacks
from rivers and a development setback from streams.
wetlands, and lakes.
Seek economic and community development grants.
These grants can allow local officials to offer financing
incentives and technical assistance to channel commercial
and industrial growth to in-town, infill locations and away
from sensitive habitat areas, conserving open space while
encouraging economic and job growth.
Fund a PDR program annually out of general fund or other
designated revenues. Work with water and drainage districts
to use utility and other available fees or taxes for targeted
acquisitions (e.g., buying riparian habitat around a lake to
protect water quality). Purchase land identified as sensitive
natural areas in the comprehensive plan.
Institute property tax relief or freeze for properties that
maintain rural character in the face of development pressure
to make sure that surrounding development does not
increase land valuation to a point where property owners
feel compelled to sell.
Incorporate tax increment financing (TIP)31 districts
in receiving areas to help fund both the new, compact
development in the receiving areas and the activities and
services needed in the preserved natural areas.
2. Major Modifications
Hire staff or part-time consultants with a resource biology
background to help assess plans and development proposals.
Adopt zoning district requirements (e.g., lot sizes) that do
not allow significant residential development in sensitive
natural areas identified in comprehensive plans.
31 Under tax increment financing, communities can capture the additional property
tax revenue generated by the higher property values resulting from investment in a
designated area.The new revenue is typically used for infrastructure improvements
in the designated area or to retire debt. Most, but not all, states use tax increment
financing, and each state has its own requirements and laws.
Adopt a PDR program with a dedicated funding source
(e.g., a large bond issue or an earmarked sales).
Enact a TDR program. Downzone (reduce permissible
density) in sending areas and grant development credits to
landowners. Allow new development only in receiving areas
through the purchase of development credits.
Adopt agricultural workplace zoning districts.
Purchase natural resource areas such as wildlife habitat and
wetlands (or purchase development rights) to protect them
from future development.
Adopt a TDR or PDR program to protect designated
sensitive natural areas and transfer density to designated
growth areas. Make sure the TDR or PDR initiative includes
information on tax advantages and other incentives linked to
conservation easements and similar strategies.
Purchase key sites and hold them in a land bank32 for
future development. Develop partnerships with community
development corporations, housing authorities (especially
those with bonding power), nonprofit development
companies, and others to raise funds needed to acquire
desired sites.
3. Wholesale Changes
Develop a resource protection master plan and adopt it as
part of the comprehensive plan. Map areas to protect, or
conduct surveys to determine boundaries for protection
areas.
Create a permanent source of funding for sensitive area and
open space acquisition, such as a sales tax earmark or bond
issue. A specific revenue stream, such as a sales tax earmark
or user fees, is required to fund a bond option. Another
option would be a linked user fee—for example, greens fees
from a nearby public golf course—dedicated to funding
sensitive area preservation and restoration.
For places with a PDR program, expand it by fee purchase
of sensitive lands and resell the land with conservation
restrictions. Such programs tend to need more upfront
capital funding and have longer carrying periods but might
be more effective in the end because the preserved land can
32 Typically, land banking is used to hold land until a time when the market conditions
or other community considerations are favorable for that land to be developed. Land
banking can also be used to temporarily hold land out of development until it is
feasible to combine it with adjacent parcels for a larger development.
43 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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PROTECT AGRICULTURAL AND SENSITIVE NATURAL AREAS
be resold to recoup most of the sales price and will still be
protected.
Adopt a regional TDR program with transfers between rural
county sensitive (sending) areas and town development
(receiving) areas.
Explore other development rights for TDR purchases in
addition to granting more density in receiving areas, such as
allowing developers to buy credits to build larger homes or
expand water supply infrastructure.33
Require funding for restoration of degraded habitat on
development sites. Use open space funds to restore degraded
habitat on protected lands (e.g., stream banks damaged by
cattle).
PRACTICE POINTERS
Work closely with the agricultural community to establish
habitat protection programs. Where possible, use incentives
such as TDR programs and habitat restoration cost-sharing
grants.
Tie PDR and TDR programs to local comprehensive and
open space plans that identify high-value agricultural lands
and sensitive areas.
Balance credits available from TDR sending areas with
the absorption capability of the receiving areas. Several
communities have struggled when the sending areas are too
large and too many development credit sellers are chasing
too few buyers, which reduces the value of development
credits.
Make sure TDR receiving areas are designed to receive
increased development, which should match the locally
preferred intensity and height.
EXAMPLES AND REFERENCES
1000 Friends of Florida. Wildlife-Friendly Toolbox. http://www.
noridahabitat.org/wildlife-manual/wildlife-friendly-toolbox.
Accessed January 8, 2010.
Arendt, R. Conservation Design for Subdivisions: A Practical
Guide to Creating Open Space Networks. Island Press:
Washington, DC. 1996. pp. 33-38.
Barnes, T and Adams, L. "A Guide to Urban Habitat
Conservation Planning." University of Kentucky Cooperative
Extension Service. 1999. http://www.ca.uky.edu/agc/pubs/for/
for74/for74.pdf.
Duerksen, C. and Snyder, C. Nature-Friendly Communities:
Habitat Protection and Land Use Planning. Island Press:
Washington, DC. 2005. "Chapter 4: Baltimore County, MD:
Using the Whole Toolkit for Habitat Preservation."
Duerksen, et al. Habitat Protection Planning: Where The Wild
Things Are. Planning Advisory Service Report 470/471.
Environmental Law Institute. Conservation Thresholds for Land-
Use Planners. 2003. http://www.elistore.org/reports_detail.asp?I
D=10839&topic=Conservation.
Miller, G. andKrieger, D. "Purchase of Development Rights:
Preserving Farmland and Open Space." Planning Commissioners
Journal 53, Winter 2004. http://www.plannersweb.com/wfiles/
wl40.html.
National Association of Realtors. Field Guide to Transfer of
Development Rights (TDRs). http://www.realtor.org/library/
Iibrary/fg804. Accessed January 8, 2010.
Nolon, J. Open Ground: Effective Local Strategies for Protecting
Natural Resources. Island Press 2003.
Pruetz, R. Beyond Takings and Givings. Arje Press. 2003.
Skoloda, J. "Wildlife and Habitat in a Comprehensive Plan."
The Land Use Tracker. University of Wisconsin-Stevens Point.
Center for Land Use Education. Fall 2002. http://www.uwsp.
edu/CNR/landcenter/tracker/fall2002/wildlife.html.
Western Governors' Association, Trust for Public Land.
and National Cattlemen's Beef Association. Purchase of
Development Rights: Conserving Lands, Preserving Western
Livelihoods. 2002. http://www.westgov.org/wga/publicat/pdr_
report.pdf.
Wright, J. and Skaggs, R. Purchase of Development Rights and
Conservation Easements: Frequently Asked Questions, Technical
Report 34, College of Agriculture and Home Economics, New
Mexico State University, http://aces.nmsu.edu/pubs/research/
economics/TR34.pdf.
33 Pitkin County, Colorado, for example, allows house sizes of more than 5,750 square
feet only if the homeowner purchases development credits from sending-area
landowners.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 44
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PLAN AND ENCOURAGE RURAL
COMMERCIAL DEVELOPMENT
INTRODUCTION
Like all economically sustainable places, rural communities need
a strong commercial base. A commercial zoning designation
typically allows offices, stores, services, restaurants, medical
facilities, and similar activities, but not residences. Newer zoning
codes—based on patterns long established in nearly every town
in America—incorporate a variety of commercial and residential
types and uses into mixed-use zoning. A mix of uses reduces
driving distances and makes it easier for people to walk or bike
to their daily destinations because homes, workplaces, stores,
schools, and services are closer together. Directing commercial
development to existing towns and villages helps encourage
residential growth in town and reduces the likelihood of
scattered businesses in rural areas that encourage more spread-
out development and fragmented land. Encouraging commercial
development in towns helps to strengthen downtowns and
solidify tax bases so the towns have adequate revenues to
support community services such as schools, roads, and
emergency services.
While a guiding principle for towns and counties should be
to focus commercial development in existing centers, there
are legitimate reasons to allow commercial development in
undeveloped areas outside municipalities. Common-sense
approaches should apply, and towns need to make sure that
existing zoning does not impede compatible new operations and
activities.
Emerging strategies that could help the traditional resource
economy adapt to the changing global market and sustain
itself over the long term include more sustainable agriculture
practices; production and distribution of renewable energy,
such as wind, solar, biomass, methane from livestock, and
geothermal; and green jobs in former rural manufacturing
plants converted to produce, distribute, install, and maintain
green energy facilities and distribution networks. Most of these
strategies will probably require changes to existing zoning and
development codes.
Reuse of former industrial and commercial sites lets rural communities use their
existing resources, preserve their heritage, and promote new economic activity.
For example, this former mill in Front Royal, Virginia, is now a restaurant.
RESPONSE TO THE PROBLEM
Rural local governments are managing and encouraging
commercial development in a variety of ways:
Some local plans call for most commercial development
to be located in incorporated municipalities, with a few
exceptions.
Some local governments sign formal intergovernmental
agreements that implement these policies through zoning
district regulations that do not allow commercial growth in
outlying areas.
Other jurisdictions that allow some commercial
development outside towns have adopted design standards
to help ensure that the new development respects rural
character.
Rural localities that have experienced commercial strip
45 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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PLAN AND ENCOURAGE RURAL COMMERCIAL DEVELOPMENT
development along entry corridors that lead into town
centers from the surrounding areas are using corridor
redevelopment strategies to convert aging shopping strips
and underused parking lots into walkable, mixed-use
destinations.34
Careful planning and close cooperation between towns and
counties can help ensure that commercial development in
rural areas strengthens the local economy while protecting the
environment and the rural quality of life. This cooperation could
include interjurisdictional agreements that articulate the value of
emerging green industries. For example, entrepreneurs seeking
to site wind farms and solar installations in rural areas are also
considering rural locations for the related manufacturing and
maintenance facilities, potentially providing new high-paying
jobs.
Incentives can help direct commercial and industrial
development to appropriate locations, like existing Main Streets
or unused industrial, warehouse, or brownfield properties.
Businesses might be more interested in reusing vacant properties
when at least one property owner in the area has successfully
converted a building back to productive use. Localities should
make sure that in-town zoning allows, where feasible, the uses
and services typically found in strip centers.
Many rural communities identify appropriate locations for
expanded commercial or mixed-use development, including:
Downtowns and adjacent commercial areas.
Small commercial or mixed-use districts in residential
neighborhoods near downtown.
Commercial corridors, which have many buildings and
aging sites that are underused or underperforming as retail
or commercial businesses.
Traditional industrial areas, agricultural service areas (often
near railroads), and warehouse districts.
Downtowns and surrounding commercial districts usually have
a variety of sites that can provide development opportunities.
Commercial properties, including light-industrial or warehouse
buildings, can be converted to mixed-use development with
ground-floor retail or offices. Even small towns can have large
industrial parcels ideal for transformation into commercial.
retail, or mixed-use districts. A financial feasibility analysis
identifying appropriate potential uses can help the development
community to understand the opportunities.
Small-town commercial corridors can suffer from aging.
underused properties as well as competition from newer.
outlying retail centers. They typically have greyfield (e.g..
underused parking lots or shopping centers) and brownfield
properties (e.g., former gas stations, dry cleaners, or industrial
sites that might be contaminated), often at key intersections and
within walking distance of residential neighborhoods.
Localities and business groups can map underused sites along
major commercial corridors and evaluate their potential. Reusing
these retail and service sites has several benefits:
They are often large enough to be viable, mixed-use
developments.
Existing retail zoning might already allow commercial.
residential, and mixed-use development.
The connection to adjacent residential neighborhoods is
often minimal, and new mixed-use development will be
more compatible than existing commercial uses, helping to
build neighborhood support for more compact development.
Many older shopping centers were built at intersections.
which can make redevelopment projects targets for
enhanced or extended transit service or promising locations
for future transit service, if none is currently in place.
Corridor redevelopment plans can be developed through a
charrette, with government staff, residents, business owners.
and elected officials creating a vision for the corridor and
design concepts for specific sites. This approach can expedite
redevelopment by providing general direction to potential
developers, even before any longer-term transportation
improvements are completed. These redevelopment plans could
be used as guidance in a PUD process (see Chapter 3: Reform
Rural Planned Unit Developments) or as design guidelines for
a mixed-use project under retail zoning that allows residential
uses. These corridors could also be receiving areas for TDR
lands (see Chapter 9: Protect Agricultural and Sensitive Natural
Areas). Local governments can assist in these types of projects
by expediting design and review processes and by providing
infrastructure financing for streetscape and utility upgrades.
34 ICF International and Freedman Tung Sasaki. Restructuring the Commercial Strip:
A Practical Guide for Planning the Revitalization of Deteriorating Strip Corridors.
EPA. 2010. http://www.epa.gov/smartgrowth/corridor_guide.htm.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 46
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PLAN AND ENCOURAGE RURAL COMMERCIAL DEVELOPMENT
Since residents of nearby neighborhoods sometimes object
to redevelopment of corridors and downtown commercial
districts, the town could adopt performance standards to measure
and control noise, parking, lighting, and other neighborhood
concerns. Similarly, the town could develop performance
standards to encourage home businesses while minimizing
any impacts. These standards should focus on the perceived
impacts or concerns, like traffic or parking, rather than specific
occupations or uses, to avoid the subtle bias that can sometimes
arise. The community also needs a mechanism to determine
when a home occupation or craft, such as tailor or woodworker,
becomes a cottage industry. The same is true for farm-based
businesses; a new "agricultural workplace" zone could allow
commercial, light manufacturing, retail, or related uses on an
owner-occupied farm, allowing home offices, on-farm sales, and
agriculture-related industry (see Chapter 9: Protect Agricultural
and Sensitive Natural Areas).
EXPECTED BENEFITS
Directing commercial growth to towns and along corridors
helps reduce scattered development in unincorporated rural
areas.
Active commercial centers and downtowns create a
strong sense of community and bring shops, services, and
employment.
Development increases the tax base to support municipal
services.
Residents can walk or bike to stores and services, which
could improve their health, save them money, and reduce
greenhouse gas emissions and other air pollution.
Redevelopment of aging corridors that do not fit with the
town's desired character also helps avoid commercial
development outside towns that detracts from rural character
and scenic views.
Capitalizing on public and private investment in renewable
energy facilities in rural areas can generate jobs and tax
revenues.
Encouraging commercial development, including small businesses, in the
downtown strengthens the community and brings new activity to Main Street,
as seen in Wells, Maine.
STEPS TO IMPLEMENTATION
1. Modest Adjustments
Adopt a policy in county comprehensive plans to locate
most commercial development in incorporated towns unless
that development must be in an outlying location due to its
use (e.g., processing agricultural products).
• Allow commercial development only in town influence
areas or established unincorporated hamlets and crossroads
villages with good connections to existing development, not
in more remote locations.
Direct state and local public works spending in ways that
support and encourage activity in existing commercial areas
in incorporated towns and discourage it elsewhere.
If there must be commercial development in outlying areas,
cluster it to create nodes instead of stringing it along the
highway.
Assess the support and customer base for additional retail
development and match the zoning to the likely size of
eventual build-out to help direct development toward
preferred areas.
47 Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes
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PLAN AND ENCOURAGE RURAL COMMERCIAL DEVELOPMENT
Encourage new industrial activity in town influence areas
by marketing sites adjoining rail stations and other locations
where the community wants development. If the community
is offering development incentives, it could give priority to
projects that locate on these sites.
2. Major Modifications
Prohibit rural commercial development in many county
zone districts. Allow it only in service areas and locations
designated in the comprehensive plan.
Conduct a study of all available parking in downtown and
commercial districts, and implement a parking management
plan or "park once" district to encourage shared parking and
to use parking more efficiently. When parking is developed
at appropriate levels, uses can be more compact, and the
community can add design amenities like streetscaping.
which makes business locations more attractive.
Conduct a planning study along an aging commercial
corridor to identify key redevelopment sites and priority
transportation improvements. Adopt any required zoning
amendments or an overlay zoning code to allow and
encourage redevelopment.
Conduct a commercial market analysis for the downtown to
identify commercial opportunities and needs.
3. Wholesale Changes
Sign an intergovernmental agreement with towns in
the region to share tax revenues from unincorporated
commercial development.
Assess road, safety, infrastructure, and other impact fees
on rural commercial development to reflect the full cost of
services and facilities needed for development.
Assess the potential for renewable and alternative energy
production and associated manufacturing and services.
Determine appropriate locations, siting requirements, and
regulations to encourage green industry and jobs.
Identify any publicly owned land or buildings that are
appropriate for commercial, industrial, or mixed-use
development. Conduct a planning workshop to identify
preferred uses and to spur redevelopment. Coordinate with
local and regional business and industry organizations to
develop a marketing strategy to recruit businesses.
Consider creating a TIP district to encourage and fund
downtown commercial development.
Allow commercial development in outlying areas by
special use permit only after requiring the developer to
demonstrate the need for that service in that area. Adopt site
and building design standards to ensure that any commercial
development is in keeping with rural character.
PRACTICE POINTERS
Joint town-county planning for commercial development
in rural areas is usually essential to a successful
implementation program.
Encourage staff to investigate potential technical assistance
and funding opportunities to reuse vacant properties and
formerly contaminated sites.
Many state departments of transportation and regional
planning agencies have programs and grants to support
revitalization of Main Streets and redevelopment of
commercial corridors as long as vehicle movement and
safety are also addressed.
EXAMPLES AND REFERENCES
Ballash, H. Keeping the Rural Vision: Protecting Rural
Character and Planning for Rural Development. Washington
State Community, Trade and Economic Development
(Washington State Department of Commerce). June 1999. http://
www.commerce.wa.gov/DesktopModules/CTEDPublications/
CTEDPublicationsView.aspx?tabID=0&alias=CTED&lang=en&
ItemID=974&MId=944&wversion=Staging
Challam County, Washington. "Lamird Report: Granny's Cafe."
September 2006. http://www.clallam.net/RealEstate/assets/
applets/PAPRlamird2-GrannysCafe.pdf.
St. Lucie County, Florida. "Towns, Villages, and Countryside"
(Master Plan). 2008. http://www.spikowski.com/
StLucieLDRrevisions-Ordinance06-017-AsAdopted.pdf.
Essential Smart Growth Fixes for Rural Planning, Zoning, and Development Codes 48
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