Click here to be redirected to the APA Mobile Site optimized for mobile devices.
7-210 Natural Hazards Element [Opt-Out Provision Applies] (1) A natural hazards element shall be included in the local comprehensive plan, except as provided in Section [7-202(5)] above. (2) The purposes of the natural hazards element are to:
— Obviously, the presence and prevalence of specific natural hazards varies widely not only among states, but even within states at both regional and local levels. This section lists all major categories while allowing states to use only those that apply, although it is clearly better to list in the statute any hazards that may apply somewhere in the state. Flooding, however, is a universally applicable concern. It should be noted that "natural" hazards include hazards caused or exacerbated by human action, such as forest fires sparked by campfires and ground subsidence caused by old mines.
(3) The natural hazards element shall be in both map and textual form. Maps shall be at a suitable scale consistent with the existing land-use map or map series described in Section 7-204 (6)(a) above. (4) In preparing the natural hazards element, the local planning agency shall undertake supporting studies that are relevant to the topical areas included in the element. In undertaking these studies, the local planning agency may use studies conducted by others. The supporting studies may concern, but shall not be limited to, the following:
— With regard to flooding and coastal storm surge zones, the local jurisdiction may simply incorporate the existing National Flood Insurance Program (NFIP) maps and U.S. Army Corps of Engineers/National Weather Service storm surge maps. State and U.S. Geological Survey maps should provide at least a starting point for areas with seismic hazards. Portland Metro, in cooperation with the Oregon Department of Geology and Mineral Industries (DOGAMI), has undertaken an effort funded by Federal Emergency Management Agency (FEMA) to complete seismic hazard mapping of the entire Portland region using geographic information systems (GIS).[228] The department is also mapping tsunami hazard areas along the Oregon coast as a FEMA-funded sequel to the first such project, completed in early 1995 in Eureka, California.[229] In states with volcanoes, the mapping should include lava, pyroclastic, and debris flows and projected patterns of ash fallout in the surrounding region, including the potential for flooding from the blockage of rivers. Other sources for potential problems include the National Weather Service for storm and wind patterns and some innovative new GIS techniques in Colorado for mapping wildfire hazards.[230]
— The study in subparagraph (4)(b) is also known among disaster officials and experts as a "vulnerability assessment" and serves two purposes: (1) to identify vulnerable structures and; (2) to determine the cause and extent of their vulnerability. For example, the California Governor's Office of Emergency Services has outlined procedures used by various communities for inventorying seismic hazards.[231] The subparagraph emphasizes the importance of including the impact of natural hazards in a buildout analysis in order to assess the potential consequences of current laws and policies, including those pertaining to the extension of public infrastructure in hazard-prone areas. This requirement can be tailored to the actual hazards a state may be dealing with, as California and Nevada have done with seismic safety. One striking example is a 1979 Los Angeles ordinance that mandated both an inventory and a retrofitting program that over time has upgraded the seismic stability of the city's housing stock. The format for this with regard to flood hazard areas is already reasonably clear as a result of NFIP regulations, which include requirements for elevating substantially damaged or improved buildings above the base flood elevation. Analysis of wind-related problems is more likely to result in building code changes to strengthen wind resistance, as in southern Florida.
— This study is a good place to marry the expertise of planners (including transportation planners) and emergency managers. While the latter can identify the resources and the needs in this area, the former can help integrate that knowledge into routine planning for hazard-prone areas. Lee County, Florida, has used such studies to evaluate its shelter availability for disaster purposes. Because of limited access to its offshore location, Sanibel, Florida, has gone even further in using evacuation and shelter capacity as the basis for growth caps. An interesting example of a natural hazards element component dealing with these issues appears in Florida Stats. 163.3178 (2)(d), which requires a "component which outlines principles for hazard mitigation and protection of human life against the effects of natural disaster, including population evacuation, which take into consideration the capability to safely evacuate the density of coastal population proposed in the future land use plan element in the event of an impending natural disaster."
— Jurisdictions across the country have experimented with a number of means of facilitating and empowering efforts to reduce their vulnerability to natural hazards. Some of these involve the use of performance and design standards that give planners and planning commissions greater authority to insist that new development meet strict standards of hazard mitigation. For example, Wake County, North Carolina, requires that, in drainage areas of 100 acres or more, the applicant must show that any rise in water level resulting from building on the property can be contained on that property, with the applicant's only alternative being to secure easements from neighboring property owners to allow for that rise. Portola Valley, California, is a good example of seismic and hillside hazard mitigation in its use of cluster zoning for new subdivisions in certain areas.[233] Jurisdictions also have experimented with means of financing such efforts. A clear starting point is to center somewhere in local government a periodically updated repository of information about outside funding sources both from government and the private sector, including voluntary resources from nonprofit organizations. The advantage is that the community can then, in the event of a disaster, tap these resources expeditiously, preferably with the added advantage of an already developed plan for reconstruction. In addition, this study will serve to highlight funding mechanisms through local government, such as the All Hazards Protection District and Fund created by Lee County, Florida, in 1990 to support local hazard mitigation programs.[234] That fund depends on a property tax levy; in 1993, Lee County also considered, but did not pass, a proposal for an impact fee targeted at hazard-prone areas to fund emergency public shelters.
— Numerous studies have examined at some length the potentials and pitfalls of various structural arrangements for organizing interagency, interdisciplinary task forces to oversee the process of long-term recovery and reconstruction following a disaster. A forthcoming (1998) APA Planning Advisory Service Report, Planning for Post-Disaster Recovery and Reconstruction, sponsored by the Federal Emergency Management Agency, deals with this issue and provides an extensive bibliography. Such plans have also been developed in Los Angeles;[235] Nags Head, North Carolina; and Hilton Head Island, South Carolina, among other jurisdictions, and are mandated for coastal communities in Florida and North Carolina. Two overriding principles seem to emerge from such efforts to date: (1) that successful implementation depends heavily on support from top local officials, whether that be the mayor or city manager; and (2) that a recovery task force should include representatives of all major agencies potentially involved in the reconstruction effort, specifically including but not limited to safety and emergency management forces, planning, building inspectors, public works, and transportation. It is vitally important in the aftermath of a disaster that all these agencies know not only what the others are doing, but who should report to whom for what purposes. (5) The natural hazards element shall consist of:
— This language is drawn from Florida Stats. 163.3178 (2), which outlines the components of the coastal management element required of all communities within coastal counties, and (8). Subdivision (2)(f) states that a redevelopment component "shall be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise" (emphasis added). Paragraph (8) requires that each county ""stablish a county-based process for identifying and prioritizing coastal properties so they maybe acquired as part of the state's land acquisition programs." The language has been combined and adapted here in part because it is also possible for the community itself to use state and federal funds to acquire, for example, substantially damaged floodplain properties and to relocate their residents. Tulsa, Oklahoma, and Arnold, Missouri, provide excellent examples of this strategy, in large part because they developed ongoing acquisition programs that were already in place before in the predisaster period. (A case study appears in the forthcoming PAS Report, Planning for Post-Disaster Recovery and Reconstruction.) This is, in effect, an "issues and opportunities" component of the natural hazards element.
(6) The natural hazards element shall contain actions to be incorporated into the long-range program of implementation as required by Section [7-211] below. These actions may include, but shall not be limited to:
Commentary: Program of ImplementationThe concept of a program of implementation as part of the comprehensive plan is drawn from the American Law Institute's Model Land Development Code.[236] The intention of the program is to ensure that each element, whether required or optional, is translated into a series of actions that are designed to be accomplished over the planning horizon. By detailing their costs and consequences, the implementation program should give meaning to the goals and objectives of the local comprehensive plan. Section 7-211 below is a general description of the program of implementation. In the ALI Code, the program was to be short-term, from one to five years, in the belief that such a time frame was more realistic and that action was more likely to flow from the plan's adoption by the governing body. By contrast, the time frame in Section 7-211 may extend up to 20 years (but also includes short-term actions). A longer-range perspective is especially important in the design and construction of public improvements, particularly those that have federal funding (and require extensive environmental reviews), which may go well beyond a five-year schedule. The model also calls for the inclusion of benchmarks and procedures to monitor the effectuation of the plan. In addition to the language below, the model language for optional or required elements elsewhere in this Chapter may also contain a description of pertinent alternative measures to give the user of the statutes a sense of what might be appropriate to consider in formulating a program of implementation for that element. 7-211 Program of Implementation (1) In order to achieve the goals, policies, and guidelines established in a local comprehensive plan, the plan shall contain a long-range program of implementation of specific public actions as well as actions proposed by non-profit and for-profit organizations to be taken in connection with required or optional elements, except for the issues and opportunities element described in Section [7-203]. (2) For each required or optional element, the program of implementation shall, as applicable, also include, but shall not be limited to, the following:
(3) The program of implementation may also include, but shall not be limited to, the following:
(4) The program of implementation shall be in a uniform format for all required and optional elements. (5) Specific public actions that are proposed in the long-range program of implementation shall not constitute a commitment by the local government to expend monies in a certain manner or at a certain time, raise taxes, enact or change fees or other charges, or issue bonds or to otherwise enact or change ordinances. — Paragraph (5) recognizes that public actions that are proposed in the long-range program of implementation may not be carried out or may not be carried in the manner originally contemplated. Governing bodies cannot precisely adhere to such a schedule because of shifting public needs, funding sources, modifications to related laws, etc. For example, a proposal for a road improvement project may be contingent on the availability of federal or state matching funds that may not be available at the time the project is finally ready for construction. Moreover, governing bodies change over time and, as a consequence, so will support for specific types of actions recommended in plans. Optional ElementsCommentary: Agriculture, Forest, and Scenic Preservation ElementAgricultural and forest lands are a source of food, fiber, and building materials. They contribute to an area's economy and the continuing viability of rural communities. Unique farmlands, such as the cranberry bogs of New Jersey, the vineyards of California's Napa Valley and the citrus regions of the Sunbelt, provide a cornucopia of food varieties in the United States.[237] Due to the scenic amenities they provide as well as the retention of floodwater, these lands may also confer additional benefits as open space and may contribute to the tourism economy as well. Forest land offers habitat for wildlife, and trees purify and filter the air. In addition. forest lands can provide opportunities for hunting, fishing, and other forms of recreation. Because of these characteristics such lands are important land-use activities. However, as urban development moves outward and property values rise, pressure is placed on owners of agricultural and forest lands to convert them to other, more intensive uses. Moreover, new development, particularly in the form of residential subdivisions, may be incompatible with agricultural activities because of dust, noise, and odor associated with farming and feedlots. As farmers apply pesticides, spread manure, and operate loud machinery, adjacent homeowners complain. Thus, farming operations may become more difficult.[238] Forests, of course, are resources that may take 50 to 100 years (or longer) to mature. A number of states require local comprehensive plans to contain elements that preserve and protect such uses, although they may sometimes use the term "open space" in describing them.[239] Other states, like Iowa and Minnesota, have enacted agricultural districting statutes that have a planning dimension to them.[240] Section 7-212 below describes an agriculture, forest, and scenic preservation element that would be an optional part of a local comprehensive plan. While agricultural and forestry uses are also to be identified in the land-use element (see Section 7-204), this element gives these activities a special emphasis and may be appropriate for local governments in rural areas. The primary emphasis of the element is to focus on the value of agriculture and forest lands as a contribution to the local economy. A secondary emphasis is to recognize that such lands (as well as other privately owned undeveloped lands) may have a scenic value as open space or as historic and cultural resources. The Section indicates bracketed language that should be incorporated if this secondary emphasis is to be included (see, e.g., Section 7-212(2)(c), (4)(c), and (6)((b)). Under this Section, a local government inventories agricultural and forest land as well as other privately owned undeveloped land that may have value as a scenic, historic, or cultural resource. The element requires the local government to identify any conflicts between such lands and any other element of the local comprehensive plan. It calls for the local government to map such areas, prioritize them, and propose a program of action that would preserve and protect such lands as well as promote the continuance of agricultural- and forest-based economies through joint marketing efforts and grant and loan programs, among other initiatives. The identification of farmland is a key component of this element. Through soil surveys, prime farmlands have been identified throughout the country by the Natural Resources Conservation Service (NRCS) (formerly the Soil Conservation Service) and represent lands containing soil properties that are highly suitable for agriculture. While soil surveys are useful, another, more focused method for determining suitable agricultural lands is through the use of the U.S. Department of Agriculture's Land Evaluation and Site Assessment (LESA) system.[241] LESA is designed to assist local and state governments arrive at objective rankings of the agricultural value of land within the community by gauging many diverse factors. Several states, including California, Hawaii, and Illinois, and a number of local governments have experience with a LESA-based system. LESA and the NRCS research on soils provide extremely useful tools for local governments as they evaluate the relative importance of agricultural properties. Still, there are numerous active agricultural operations throughout the nation that are not identified by NRCS soil typology, or are not favorably reviewed by LESA, yet they constitute a significant economic resource. For example, many grazing operations occur on land not likely to be included in a LESA survey. The language in Section 7-212(4)(a) and (c) describing the inventories attempts to provide flexibility in identifying such lands. If the local government incorporates an urban growth area into its comprehensive plan, the requirement of inventorying agricultural and forestry lands within the growth area may be omitted if it is intended that developed land will gradually replace such activities. On the other hand, if it is intended, for example, that forestry and related activities are to be continued within the urban growth area, then the inventory should include such lands. 7-212 Agriculture, Forest [, and Scenic] Preservation
Element [242] — This element may need to be required if urban growth areas are mandated. Not all local governments, however, will need to address the need to preserve agricultural and forest land. (2) The purposes of an agriculture, forest[, and scenic] preservation element are to:
— If it is desired that the element is only to focus on agriculture and forestry as economic activities, even though there are other potential secondary noneconomic benefits that are associated with their preservation, then subparagraph (c) may be omitted.
— Subparagraph (f) and related language below should be omitted if the planning statutes do not make reference to designation of urban growth areas. (3) The agriculture, forest[, and scenic] preservation element shall
be in both map and textual form.
— Identification of lands that are neither agricultural nor forest may nevertheless warrant identification and protection as part of the local comprehensive plan effort. Identification of these "other" open spaces will vary dependent upon the setting. Urban communities will likely consider smaller parcels of greater significance than rural cities or towns, although this is only a generalization. At issue is the identification of tracts of open, undeveloped or "under-developed" land that has scenic, historic, or cultural value, regardless of parcel size. It is important to identify the ownership of open spaces, regardless of whether the land is categorized as agriculture, forest, or "open space." Publicly held land may be contrasted with land held in private ownership (and thus subject to development). Another category, and one requiring more research by the local planning agency, are those lands subject to conservation restrictions, easements, or other restrictions permanently or for a fixed period of time. By identifying ownership and/or restriction status of agriculture, forest or open space lands, the local government can more accurately shape the action element of the local comprehensive plan. For example, a large tract of undeveloped forest in private ownership on the edge of an urbanizing area is unlikely to remain undeveloped in perpetuity absent some action by the local government or other entities. The local government can then decide upon appropriate action to acquire the land or obtain conservation easements. As noted above in the discussion of Section 7-212(1)(c), which addressed the element's purposes, if it is desired that the element only focus on agriculture and forestry as economic activities, then subparagraph (c) may be omitted. The local government may instead elect to address such open space issues through the parks and recreation component of a community facilities element.
— Assessing the relative importance of agricultural and forest resources is a difficult but important task. It is difficult because it requires a subjective ranking of one resource's value over another. The relative ranking is important as it allows local governments to focus on priority protection areas. For example, a community that has a strong agricultural industry may wish to prioritize for protection lands used for and in support of agriculture in lieu of lands more generally defined as "forest" or "open space." Use of the LESA system described above should provide helpful guidance.
— This determination should identify and analyze conflicts between a local government's agricultural, forest, and scenic resources and growth and development programs contained in the local comprehensive plan. For example, a community calling for expanded economic development, a new town center, or improved/expanded housing stock should ensure that these goals do not conflict with goals of preserving large tracts of open space or a viable agricultural industry. A conflicts analysis will help the community balance conflicting goals through the determination of possible mitigating measures (e.g., focus development outside of identified agricultural or forest preservation areas) and/or re-evaluate the location chosen for development. (6) Based on the studies undertaken pursuant to paragraph (5) above, the agriculture, forest [, and scenic] preservation element:
(7) The agriculture, forest[, and scenic] preservation element shall contain actions to be incorporated into the long-range program of implementation as required by Section [7-211] above. These actions may include, but should not be limited to, proposals for:
— Acquisition of a land parcel in fee simple refers to the acquisition of all the rights associated with that parcel; purchase of the owner's entire ownership and rights to the land. Government's purchase of the fee provides the highest level of protection for the land, assuming that the acquiring agency subsequently places appropriate restrictions against development on the land. Purchase of land in "less than fee simple" refers to purchase of some of the rights incident to land ownership. For example, a government or nonprofit conservation organization could purchase a farmer's development rights on her land, thus restricting the land's development potential. Similarly, a government or conservation organization could purchase a walkway or bikepath easement through a private forest. Purchase of less than fee rights in land, by virtue of the fact that all the rights are not being acquired, is generally far less expensive than purchase of the entire fee interest in private property. See Section 9-402, Purchase of Development Rights, and Section 9-402.1, Conservation Easements.
— Transfer of development rights (TDR) is a technique that allows a landowner to detach development rights from a property, such as farmland, and transfer those rights to a portion of the community designated as capable of absorbing additional development. The tool requires local governments to establish areas slated for preservation (e.g. agricultural or forest resources) as well as areas that are able to receive the transferred rights (e.g., areas that have sufficient infrastructure). A model TDR statute appears in Section 9-401.
— Adoption of an agriculture or forestry zoning district requires the identification and adoption of defensible minimum parcel sizes for effective agricultural or forest operations.[244] For example, certain agricultural activities require large contiguous tracts. Zoning could reflect this fact and establish minimum lot sizes coincident with large tract requirements as well as prohibit most non-agricultural activities from locating within the zoning district (e.g., prohibit land uses such as residential housing that are likely to conflict with agricultural operations).
— Most states allow the assessment of agricultural and/or forest land values at their "current use", as opposed to the traditional assessment of "highest and best use." Current use valuation allows owners of farming and forestry operations to receive substantial property tax benefits as their lands are assessed and taxed as currently used, not at the speculative or market value of the property. In order to obtain tax relief, the farmer must have a minimum-sized parcel (say 10 acres) and show that the property is actively farmed. Some statutes contain a rollback penalty that requires the payment of the difference between the current use and the highest and best use (plus interest) if the property is converted to nonfarm use. The number of years included in the rollback varies among the states. In addition, several states require that, in order to receive current use valuation, the landowner must enter into a restrictive agreement. In the agreement, the landowner agrees to restrict the use of the land for a specific period of time in exchange for current use valuation or a freeze on the actual amount of property taxes imposed.[245]
— Some 16 states have agricultural districting statutes.[246] Such districts are created voluntarily and are intended to create areas where commercial agriculture is encouraged. For land in such districts, the statutes may give property tax relief in the form of current use assessment or deferred assessments, limitations on assessments to farmland for water, sewage, and drainage (from which the property does not benefit by virtue of its use), exemption from a local nuisance ordinances that would restrict normal farming practices, state level review of eminent domain action within the district, and limitations on the ability of local government to assess farmland in the district for costs of new water and sewer lines extending to nonagricultural uses.[247] Such statutes may be distinguished from current use assessment statutes because they require that lands first be placed in a district before agricultural use assessment may apply.
Commentary: Human Services Planning In the 1960s, local plans increasingly began to reflect concerns for
social issues by addressing provision of human services, especially to
disadvantaged groups in the community.[248] This area
continues to be addressed in a number of contemporary local comprehensive
plans. Human services include a broad range of activities that state and
local governments, nonprofit organizations, and the private sector provide
to help meet health, welfare, employment, or other basic needs of groups
in the community such as the poor, the elderly, youth (especially children),
or the disabled. Human services programs may address alcohol and drug
abuse, crisis management, day care, teenage pregnancy, family violence,
nutrition, job training, mental and physical health (including infant,
child, and adolescent health programs), consumer protection, and tenant
rights, and include a variety of counseling services.[249]
The nature of the local government's role depends on the capacity of the governmental unit itself, the interests of the community, and the authority of the local government for such activities. Some local governments may operate public health departments, but in other areas these services may be provided by special districts. Counties will tend to have broader authority for human services activities than cities, but this may vary over states and regions. The health and human services element of the Palm Beach County, Florida, comprehensive plan addresses the role of the county in providing a broad array of services including public health program services (including health education, school, environmental, and mental health); services for people living with AIDS; services for adults, families, children, and the elderly (including abuse and neglect prevention and emergency food and shelter); and support of information and referral services.[251] Assistance in updating the element and coordinating of the element's implementation are the charges of a citizens advisory committee on health and human services created by the county commission.[252] The committee makes program and budget recommendations, identifies annual service and funding priorities, and determines and recommends service outcomes and measurements in the context of the comprehensive plan's policies.[253] The Howard County, Maryland, General Plan describes the priority citizen needs for the county (e.g., family support, affordable child care, in-home services such as home care and nutrition for the elderly, adult day care, and equal opportunity and consumer services) and describes the county's approach to support such services. These include developing human services needs assessments, establishing multi-service centers throughout the county, and devising a funding distribution system for grants and contracts.[254] The City of Seattle's Comprehensive Plan contains a "human development element" adopted in November 1995. It describes a series of broad goals and policies that address vulnerable populations, education and employability, health, community safety, and service delivery. Here the the element places the city in a coordinative/facilitator role rather than a direct provider role.[255] A "human services strategic plan" for the City of Tacoma, Washington, establishes strategic priority areas that include a reduction in and prevention of violence and abuse, provision of basic services for food shelter, and clothes, and basic health care. Tacoma will provide funds for these, based on an annual application process by provider agencies. The plan is intended to help the city annually maintain and monitor some 120 separate contracts for human services activities.[256] The 1990 Nantucket Island, Massachusetts, Comprehensive Plan states that it is the plan's goal "[t]o facilitate, sustain and improve the health, education and well-being of all persons on Nantucket by providing those public and private human services which improve the quality of life for all age groups."[257] The plan proposes the development, for public distribution, of a comprehensive directory of existing human service providers on Nantucket for health and medical services, support services such as emergency shelter and substance abuse, and emergency services. The plan also recommends establishing a formal program of assessment and evaluation of the Island's human services programs. Section 7-213 below describes an optional human services element of a local comprehensive plan. The model statute is drafted broadly to accommodate the different roles that a local government might define for itself in the human services area. One feature of the model is language that provides for the appointment by the local legislative body of an advisory task force to help formulate the element; this is similar to the approach used in Palm Beach County, described above. Appointing an advisory task force ensures that the human services element draws on the experience and expertise of those in the human services field as well as those who are the direct beneficiaries of the services. The model emphasizes the development of an inventory of human services providers and programs in the community, an assessment of the existing needs being addressed by these providers, and an identification of any gaps in service and future needs. The model also stresses setting benchmarks by which human services programs may be evaluated for funding by the local government as well as other entities. It also emphasizes new human services programs or changes in or the elimination of existing human services programs, as appropriate. 7-213 Human Services Element (1) A human services element may be included in the local comprehensive plan. The legislative body of the local government may appoint an advisory task force of persons with interest in or expertise in human services to assist the local planning agency and local planning commission, if one exists, in the preparation of this element.[258] (2) The purposes of the human services element are to:
(3) In preparing the human services element, the local planning agency shall undertake supporting studies. In undertaking these studies, the local planning agency may use studies conducted by others. The supporting studies may include, but shall not be limited to:
(4) The human services element shall consist of a statement of goal, policies, and guidelines for meeting human services needs within the jurisdiction of the local government. The element shall include summaries of supporting studies identified in paragraph (3) above. The element may include:
(5) The human services element shall contain actions to be incorporated into the long-range program of implementation required by Section [7-211] above. These actions may include, but shall not be limited to, those that the local government, other governmental agencies, nonprofit organizations, and the private sector may take to achieve the goals and policies of the element, including:
Commentary: Community Design PlanningThe purpose of community design planning is to provide a framework for identifying positive physical attributes in a community and establishing principles on which to guide private and public development. In The Urban Design Process, Hamid Shirvani defines urban design as "that part of the planning process that deals with the physical quality of the environment."[259] The activities that constituted urban and town planning at its historical roots — the configuration of streets, the placement of public institutions and edifices, the physical arrangement of neighborhoods, manufacturing plants, and retail trade centers, the massing of buildings, the enhancement or preservation of views — are what the planning profession now considers urban design. Today planners regard design as a distinct subfield of the planning profession, one that combines public policy and social concerns with the physical layout and appearance of a community. For this model plan element, the Legislative Guidebook uses the more inclusive term "community" rather than "urban," in the context of design, reflecting that design planning processes are undertaken in both large cities and in suburban and rural jurisdictions. The community design element presented in Section 7-214 is intended to help communities foster a high-quality physical design as a means of enhancing quality of life for residents.[260] This is accomplished by using the planning process to assess the positive and negative aspects of the community's overall appearance, by providing a framework for design planning in specific districts within a community, and by developing sound design goals and policies that are inclusive of the points-of-view of a cross-section of residents and other interested persons. One of the more challenging aspects of community design planning is the process a local government and its residents go through to define aesthetic and design quality in their own terms. Without a well-accepted and fair sense of what is considered "good" or "bad" design and a clear presentation of those ideals such as in a plan, the administration of design guidelines or standards can be legally and politically problematic. The lack of planning prior to the application and enforcement of standards is what has led many private developers, business people, and citizens to label design standards and design review commissions as elitist and not reflective of a majority view. This element is therefore intended to provide a means of carefully appraising the community's visual environment and then laying the groundwork for community design processes and principles first before embarking on new programs of design review that would apply to both public and private development. There are a variety of contemporary theories and techniques for establishing community design processes (see footnote). 7-214 Community Design Element (1) A community design element may be included in the local comprehensive plan. No local government may adopt or amend a design review ordinance pursuant to Section [9-301] unless it has first prepared and adopted a community design element as described in this Section. (2) The purposes of the community design element are to:
(3) In preparing the community design element, the local planning agency shall undertake supporting studies. In undertaking these studies, the local planning agency may use studies conducted by others. The supporting studies may include, but shall not be limited to:
(4) The community design element shall contain goals, policies, and guidelines (in map, graphic, and textual form) which may include, but not be limited to:
— Areas of special identity or character may include the central business district, neighborhood commercial districts, entertainment districts, residential areas with a unique character, community gateways, scenic highway corridors, and areas in and around major institutions such as campuses, hospitals, and museums and related cultural centers.
— Subparagraphs (4)(f) and (g) presume that a mechanism exists for community design policies to be taken into account in the design or redesign of transportation and community facilities (e.g., utilities, streets, roadways, transit, bicycle, and pedestrian facilities). Measures to ensure that this happens typically cannot be legislated or prescribed. Such a process may involve an interdepartmental task force or work group with representatives from the community design staff, public works staff, and planning staff. Or it could be the result of an open, iterative decision making process through which local government departments regularly collaborate on cross-cutting issues. A waterfront development plan that includes public access, design of new public facilities, appropriate commercial uses, landscape architecture, view protection, and water quality protection is an example of such a cross-cutting issue.
(5) The community design element shall contain actions to be incorporated into the long-range program of implementation as required by Section [7-211] above. These actions may include, but shall not be limited to, proposals for:
Commentary: Historic Preservation PlanningPlanning and zoning for historic preservation by local governments have evolved rapidly since the 1970s. Following the birth of the environmental movement and the increased awareness and controls on community appearance, historic preservation is no longer confined to a handful of quaint historic towns. State enabling legislation for historic preservation is now in place in some form in many states.[263] States have adopted their preservation laws incrementally over the last several decades, continually adding to the list of techniques and incentives. Many states have laws authorizing the establishment of local historic districts and commissions and the designation of landmarks, as well as provisions for variances, regulation of new construction, limitations on the demolition of historic structures, and allowances for tax relief to induce property owners to adhere to the restrictions.[264] At the same time that preservation efforts were gathering steam, a handful of states were also reforming their state and local planning enabling laws. Most of those states took advantage of that opportunity and made preservation of historic and cultural resources a state goal, and even more commonly, a mandated, recommended, or optional element in a local comprehensive plan.[265] The process of preparing the historic preservation element of a local comprehensive plan gives the local government the opportunity to take an all-encompassing look at the range of preservation mechanisms that the state enables it to use. Further, it allows the local government to review other land-use management tools that have a direct impact on preservation, such as land development regulations, housing, transportation, growth management, and environmental protection. Planning enabling legislation generally does not provide much detail on either the content or structure of historic preservation elements. Rather, it instructs the state's historic preservation office or other rule-making agency to promulgate rules and guidelines for local governments. The model legislation that follows takes a more detailed approach and offers specific recommendations on what should be included in a historic preservation element. The legislation recommends that the plan element include: a statement of the local government's historic preservation goals, policies, and guidelines; a map showing the general location of historically significant features; the boundaries of areas that may be suitable for designation as historic districts; and, actions to be incorporated into the long-range program of implementation as required by Section 7-211 above. 7-215 Historic Preservation Element (1) A historic preservation element may be included in the local comprehensive plan. No local government may adopt or amend a historic preservation ordinance pursuant to Section [9-301] unless it has first prepared and adopted a historic preservation element as described in this Section. (2) The purposes of the historic preservation element are to:
(3) In preparing the historic preservation element, the local planning agency shall undertake supporting studies. In undertaking these studies, the local planning agency may use studies conducted by others, such as the [state historic preservation office], preservation organizations, and citizen and business groups, concerning the local government's historic, archaeological, and cultural resources. The supporting studies may include, but shall not be limited to:
(4) The historic preservation element shall consist of the following:
(5) The historic preservation element shall contain actions to be incorporated into the long-range program of implementation as required by Section [7-211] above. These actions may include, but shall not be limited to, proposals for:
— The Providence, Rhode Island, preservation plan includes an "Action Strategy for Preservation," which details goals, actions, first steps, time frames, and participants for implementing the plan. While not providing specific dates, the time frames are broken down into "immediate and ongoing," "short term," "mid term," and "long term." The participants that are identified to take the actions specified include government staff and elected representatives and agencies, private nonprofit organizations, private institutions, and neighborhood or community organizations.[267] 7-216 [Other] SubplansThe following Sections present three different types of subplans that are meant to detail proposals contained in the local comprehensive plan. They address planning for neighborhoods, for lands near transit stops or facilities, and for redevelopment areas (including central and other business districts, and brownfields — environmentally contaminated sites that can be remediated and reused). In all cases, these subplans are to be treated as amendments to the local comprehensive plan (but see footnote).[268] For an example of a generic subplan, see the "specific plan" provisions in the California planning statutes.[269] Commentary: Neighborhood PlansSection 7-301 describes the purposes and the contents of a neighborhood plan. A neighborhood plan may be distinguished from a local comprehensive plan in that it focuses on a specific geographic area of the local government which includes substantial residential development (as opposed to a plan that, say, looked at an industrial area). It is intended to be a document that will detail goals, policies, and guidelines contained in a broader local comprehensive plan and that proposes a shorter-range program of implementation that would include actions that may be taken by the local government as well as by other governmental agencies, and nonprofit and for-profit groups.[270] It is based on a review of the literature of neighborhood planning,[271] a survey of contemporary neighborhood plans in the United States conducted by the APA's Research Department (see: A Note on Neighborhood Plans at the end of this Chapter), and several working papers commissioned by APA for the Growing Smart project.[272] The description of the plan characterizes the plan's contents in permissive, rather than mandatory, language to ensure flexibility. In the following model, the local government must first adopt a local comprehensive plan before adopting a neighborhood plan.[273] The model permits private persons and organizations residing or conducting business in the neighborhood, as well as the local planning agency itself, to prepare the plan. Where such persons or organizations prepare the neighborhood plan, they must follow rules and/or guidelines adopted by the local planning agency. The model also provides a role for the review of the neighborhood plan by the planning commission, before action by the legislative body. Where it exists, a neighborhood planning council (see Section 7-109) would, of course, have a role to play in the plan's formulation, either through a review or through the actual preparation of the document. It is not necessary, it should be emphasized, for every part of the local government's geographic area to be covered by a specific neighborhood plan and the model statute below does not contemplate that degree of territorial comprehensiveness. Rather, the local government may undertake such plans over a period of years, depending on neighborhood interests and its own internal resources for preparing them and carrying them out. 7-301 Neighborhood Plan (1) A neighborhood plan may be prepared or revised by the local planning agency, or any private person or organization residing or conducting business within the neighborhood. Neighborhood planning councils established pursuant to Section [7-109] above may prepare or assist in the preparation or revision of the plan. Before any private persons or organizations, including neighborhood planning councils, may prepare or revise neighborhood plans pursuant to this Section, the local planning agency shall first adopt rules and/or guidelines for the form and content of such plans. (2) A neighborhood plan shall be revised on a [periodic or [5]-year] basis. (3) The legislative body of the local government may adopt a neighborhood plan or revision thereof as an amendment to the local comprehensive plan. No neighborhood plan or revision thereof shall be adopted by the local legislative body until it has first adopted a local comprehensive plan and has referred the proposed neighborhood plan or revision thereof to the local planning commission, if one exists, for a recommendation in writing. Where a neighborhood planning council exists for all or a portion of the area included in the neighborhood plan and where the council has not had the responsibility of preparing the plan or revision, the legislative body shall also refer the proposed neighborhood plan or proposed revision thereof to the council for a recommendation in writing. If the local planning commission or the neighborhood planning council has not made a recommendation in writing on the proposed neighborhood plan or proposed revision thereof within [30] days, the legislative body may then take action on the revision. (4) Neighborhood plans shall provide additional goals, policies, guidelines, supporting analyses, and programs of implementation that detail, and that are consistent with, the adopted local comprehensive plan. More specifically, the purposes of a neighborhood plan are to:
— If there is a conflict between the local comprehensive plan and the proposed neighborhood plan, the local government will either: (1) need to modify the neighborhood plan before adopting it; or (2) amend the comprehensive plan to eliminate the conflict and then adopt the neighborhood plan. (5) In preparing a neighborhood plan, the local planning agency or such other private person or organization shall undertake supporting studies, with maps of existing conditions or other graphics, that are relevant to topical areas included in the neighborhood plan. In undertaking these studies, the local planning agency or such other private private person or organization may use studies that have been previously prepared to support the local comprehensive plan or that have been conducted by others. The supporting studies may concern physical, social, economic, and environmental conditions in the designated neighborhood and may include, but shall not be limited to:
(4) A neighborhood plan may provide for, address, and include, but need not be limited to the following:
Commentary: Transit-Oriented DevelopmentTransit-oriented development (TOD) planning emerged in the 1980s and 1990s as a mechanism for reducing dependence on the automobile caused by dispersed, low-density development, improving the economic viability and general efficiency of public transit systems and regional transportation networks, and improving or enhancing the key factors that affect quality of life for citizens. TOD planning principles include compact development, pedestrian-friendly streets, mixed land uses, and a variety of housing types and densities. TOD shares many of the same principles as the New Urbanism movement in city planning,[274] though a TOD's distinguishing feature is a transit station and immediate surroundings that function as a focal point of a community.[275] TOD plans can be prepared for new development sites on the urban fringe for which transit service is planned or anticipated. In existing cities and suburbs, TOD plans can be prepared that would retrofit development patterns and land-use regulations at existing transit nodes, using rezoning, infill development strategies, public-private development initiatives, and new streetscape plans to achieve TOD principles. The roots of modern TOD planning lie in the network of railroad and streetcar neighborhoods and suburbs that arose in the late 19th century in almost every major American city. Dependency by people on public transit for work, school, and recreational trips dictated settlement patterns that mixed land uses, were compact, and generally treated pedestrians and motorized travel equally. The reemergence and refinement of this approach to planning-making and development are a response to the effects on people, communities, neighborhoods, business viability, and the natural environment that eight decades of automobile dependency have had. Section 7-302 that follows describes a TOD plan that is adaptable in urban or suburban contexts and can be used for areas around transit stations as well as along transit corridors. It is based partly on a California statute, although the degree of detail has been substantially increased to provide guidance to the user.[276] The contents of some existing TOD plans were analyzed and evaluated for use in this model.[277] The model statute calls for supporting studies on all aspects of the planning area, including land-use types and densities, existing land development regulations, market analyses of potential development, surveys of transit users, and existing conditions and necessary modifications to public infrastructure, among others. The statement of the goals, policies, and guidelines of such a plan are intended to reflect basic TOD principles, including compact development patterns and increased densities and intensities, mixed land uses, and improved pedestrian circulation, comfort, and safety. The model also describes the typical set of actions that would be necessary to implement a TOD plan, which include enactment of amendments to land development regulations, scheduling capital improvements, application of financial incentives including special assessments and tax increment financing, and the creation or designation of a public or nonprofit organization (which could be the local planning agency) to administer the plan. 7-302 Transit-Oriented Development Plan (1) The local planning agency may prepare and periodically revise a transit-oriented development plan and the legislative body of the local government may periodically adopt such plan or revision thereof as an amendment to the local comprehensive plan. However, no transit-oriented development plan shall be adopted by the legislative body until it has first adopted a local comprehensive plan and has referred the proposed transit-oriented development plan or revision to the local planning commission, if one exists, for a recommendation in writing. (2) The purposes of a transit-oriented development plan are to detail and refine proposals in the local comprehensive plan for areas around existing or proposed transit stations and along transit corridors in order to create a pattern of development characterized by uses, densities, intensities, and design features that both support and are supported by mass transit service. (3) In preparing the transit-oriented development plan, the local planning agency shall undertake supporting studies and shall consult with existing and potential providers of mass transit service for the area to be covered by the plan. In undertaking these studies, the local planning agency may use studies conducted by others. The supporting studies may include, but shall not be limited to:
(4) Based on the studies undertaken pursuant to paragraph (3) above, the transit-oriented development plan shall contain:
(5) The transit-oriented development plan shall contain actions to be incorporated into the long-range program of implementation as required by Section [7-211] above that may include, but shall not be limited to:
Commentary: Planning Redevelopment AreasLocal governments typically plan for several types of areas needing redevelopment, each of which calls for a different set of planning strategies: (1) business districts that are experiencing loss of retail, office, and related residential activity;[278] (2) residential areas where dwelling units are in a marked state of deterioration or dilapidation; and (3) industrial areas where plants and facilities are abandoned, idled, or underused and the sites themselves are environmentally contaminated and must be remediated before they can be reused.[279] In the United States, urban redevelopment efforts were prompted by the enactment of the Housing Act of 1949.[280] In providing grants to cities, this statute greatly stimulated the process of urban renewal, a mechanism by which a local government assembles and acquires land in slums and blighted areas, clears the land as necessary, relocates displaced families and businesses, and writes down the cost of the land from acquisition to reuse value. New infrastructure may be installed and land sold or leased to private or public developers. Housing rehabilitation and concentrated code enforcement may occur as well. The early years of the urban renewal programs were characterized by massive clearance and reuse projects in American cities, an approach that largely has disappeared. This approach was criticized for the removal of large numbers of low-rent housing units while failing to provide replacement dwellings (except for high-income residents) as well as for the destruction of entire neighborhoods (including businesses) within cities.[281] In 1974, the Congress enacted the Federal Housing and Community Development Act,[282] which established the Community Development Block Grant (CDBG) Program and replaced the urban renewal program as well as many other categorical grants. The emphasis of planning using CDBG monies as well as complementary state grants now tends to focus on maintenance and rehabilitation of older, existing housing stock, and reconstruction and reuse of commercial and industrial buildings where feasible. Redevelopment projects tend to be smaller and the implementing actions more discrete and selective. The 1970s brought a recognition of the impact on urban areas of environmentally contaminated industrial (as well as commercial and residential) sites resulting from the use, storage, and spillage of hazardous waste, sometimes due to the presence of leaking underground storage tanks. These contaminated urban industrial areas raise public health concerns, blight nearby neighborhoods, and hamper normal business recruitment and retention. At the same time these sites represent an inventory of land that, once environmental contamination is removed or mitgated, can be reused for a variety of public and private uses. The current regulatory framework affecting these "brownfields sites" as they are known is defined primarily by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), amended in 1986 as the Superfund Amendment and Reauthorization Act,[283] and the Resource Conservation and Recovery Act.[284] The U.S. Environmental Protection Agency administers this legislation, and actively supports demonstration projects.[285] State EPAs assist in enforcement.[286] In addition, states may have individual statutes that further define the regulatory framework. In California, redevelopment funding has been used as a tool by many communities to assist in the ongoing financing of seismic retrofits of unreinforced masonry buildings, In post-earthquake recovery, redevelopment authority has been used to subsidize repair of damaged structures, alleviate hazardous conditions (including demolition of hazardous structures), assist property owners in securing new tenants, and provide relocation and temporary housing assistance. Several communities utilized such redevelopment authority after a series of earthquakes in the 1980s and the 1994 Northridge earthquake. The Community Redevelopment Financial Assistance and Disaster Project Law[287] (the "Disaster Law") was adopted in 1964 to address tsunami damage from the Alaska earthquake of that year. It provides resources for post-disaster recovery and reconstruction by expanding the extent of the area eligible for redevelopment funds (under pre-existing state redevelopment authority), and by providing for an expedited process of redevelopment agency formation and plan adoption by any area certified to be in need of assistance by the Governor and declared a disaster area by the President. Section 7-303 that follows describes a general purpose redevelopment area plan that can be adapted to many types of areas needing redevelopment.[288] Broadly drafted, it describes the factors that may characterize such areas, the underlying studies that such a plan may need, and the components of the plan. Paragraph (5) is a list of the type of implementing measures that a local government may employ. Typically states will have a suite of incentives for redevelopment in their statutes (e.g., tax abatement, tax increment financing, enterprise zones, special assessments for improvements in a redevelopment area) or may have special priorities for redevelopment that affect state-administered grant and loan programs. 7-303 Redevelopment Area Plan (1) The local planning agency [or other agency under the supervision of the local planning agency][289] may prepare and periodically revise a redevelopment area plan and the legislative body of the local government may adopt such plan or revision thereof as an amendment to the local comprehensive plan. However, no redevelopment area plan or revision thereof shall be adopted by the legislative body until it has first adopted a local comprehensive plan and has referred the proposed redevelopment area plan or revision to the local planning commission, if one exists, for a recommendation in writing. (2) The purposes of a redevelopment area plan are to detail and refine proposals in the local comprehensive plan and to encourage reinvestment in and revitalization and reuse of areas of the local government that are characterized by two or more of the following conditions or circumstances:
(3) In preparing the redevelopment area plan, the local planning agency shall undertake supporting studies. In undertaking these studies, the local planning agency may use studies conducted by others. The supporting studies may include, but shall not be limited to:
(4) Based on the studies undertaken pursuant to paragraph (3) above, the redevelopment plan shall contain the following:
(5) The redevelopment area plan shall contain actions to be incorporated into the long-range program of implementation as required by Section [7-211] above that may include, but shall not be limited to, proposals for:
| My APA
ID or E-mail
Password Remember My ID JOIN APABecome a member and connect with thousands of people who share your dedication to building vibrant communities. Join | |
