growth and land use options and opportunities open meeting shepherdstown 1/27/2001 randall s....
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Growth and Land Use
Options and Opportunities
Open Meeting
Shepherdstown
1/27/2001
Randall S. Rosenberger, WVU
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Growth is NOT a Four-Letter Word
Growth can provide many communities with options and opportunities
Growth can bring diversity Growth can bring prosperity Ultimately, growth means change
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Community as Sense of Place
Communities exist in a place that is comprised of a complex of natural, cultural, and historic characteristics
These characteristics provide communities with identity and meaning
Sense of place is a form of public capital
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Investing in Places Growth affects the characteristics of sense of place Many people resist change, perceiving land
markets as beyond their control You can…
Vote with silence (do nothing)Vote with your feet (relocate)Vote in the market (purchase land or easements)Vote with your voice (public policy)
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The Dark Side of Growth
Growth is not inherently bad Unplanned growth often leads to negative
consequences and is not sustainable
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Unplanned Growth
Consumes large quantities of landSuburbia is increasing as farmland, wetlands, and
forests are decreasing
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Large Lots:Guilford, Connecticut
(Aerial Photo by Alex MacLean)
Aerial photo of large lot development with nearby farm
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Large Lots:Guilford, Connecticut
(Aerial Photo by Alex MacLean)
Aerial photo of large home on large lot
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Unplanned Growth
Greater reliance on use of automobiles Increases congestion, traffic accidents, commute times,
air and noise pollution
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Unplanned Growth
Increases public services costsDemand for police, fire, and medical services, and
public schools
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Unplanned Growth
Increases energy use and infrastructure costsCost of septic systems, waste management Paved areas increase temperature, runoff, accumulation
of pollutants, need for air conditioning
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Parking Lots:Guilford, Connecticut
(Aerial Photo by Alex MacLean)
Aerial photo of large complex with paved parking lot
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Outlet Malls:Guilford, Connecticut
(Aerial Photo by Alex MacLean)
Aerial photo of an outlet mall
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$0.27$0.35
$1.15
$0.00
$0.20
$0.40
$0.60
$0.80
$1.00
$1.20
Commercial Farm/Forest Residential
Unbalanced Growth Erodes the municipal tax base
Cost of Services for $1 in Tax Payments (National Average)
(American Farmland Trust)
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Indicators of Concern Residential development is increasing, with larger homes
on larger lots. Washington DC area is in the top five areas with
expanding residential developments (Sierra Club). West Virginia ranked #1 in growth rate of residential acres
per capita (American Planning Association). Jefferson County and part of Berkeley County ranked 12th
as most endangered scenic beauty from unplanned development (Scenic America).
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Why Protect WV’s Natural and Historic Characteristics?
$3.20
$4.00
$0.0
$1.0
$2.0
$3.0
$4.0
Billi
ons
1990 1996
Tourism's Contribution to WV's Economy
(WV Tourism Commission)
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Supporting Sustainable Communities
Community visioning Alternatives assessment
Identifying optionsUnderstanding opportunity costs
Comprehensive land use planning Growth management tools
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What are the Available Tools?
Several tools are in use in different places Players are citizens, public officials, and
nonprofits Applied at the local, state, national and
international levels Creativity leads to tailored approaches that meet
specific needs
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Instruments for Managing Growth: Overview
Sources:Dale Colyer, Agricultural and Resource Economics,
West Virginia UniversityAmerican Farmland Trust, Farmland Information
Center (http://www.farmlandinfo.org/fic/tas/)
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Enacted at the State Level Growth Management Laws
Laws that control the timing and phasing of growth and determine the permitted types of land use.
Urban growth boundariesProtection of highly valued landProvisions for pre-development construction of public
infrastructure (full cost of development) or post-development penalties (impact fees)
Comprehensive growth plans12 states have laws that directly control development.
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Enacted at the State Level
Fee-Simple Land PurchaseDirect purchase of land by government or nonprofits
Operate as a natural area, park, recreation areaLease for agriculture, recreation, park uses
E.g., 9 land trusts in WV owned 289 acres in 1998 (Land Trust Alliance, National Land Trust Census)
(Two representatives of local land trusts informed me at the meeting the number of land trusts has risen and the affected acreage is in the 1000s.)
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Enacted at the State Level Conservation Easements
Legal, voluntary arrangements to restrict land uses. All states have enabling legislation for conservation easements. 1,385,000 acres of land protected through conservation
easements in the U.S. in 1998 (Land Trust Alliance, National Land Trust Census).
9 land trusts in WV held easements on 75 acres in 1998 (Land Trust Alliance, National Land Trust Census).
W.Va. Code §§8-24-72 to 78 (Purchase of Agricultural Conservation Easements) (1990)
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Enacted at the State Level Purchase of Development Rights
The voluntary sale of conservation easements to government or nonprofits
Funding sources from voter referenda-approved tax hikes Donations to nonprofits Lottery-funds
Evidence of public’s willingness to pay for land uses 124 out of 148 referenda passed in 1998, totaling $8.3 billion 92 out of 102 referenda passed in 1999, totaling $1.8 billion 174 out of 208 referenda passed in 2000, totaling $7.5 billion
None of these referenda were in West Virginia
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Enacted at the State Level
Differential Tax Assessment LawsLand is taxed at its current use value, not potential
development valueMay require revenue recapture for land speculation49 states (exception is Michigan)
W.Va. Code §§ 11-1A-10W.Va. Code §§ 11-3-1The Constitution of WV, Article 10, § 1 (1982 & Supp. 1994)
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Enacted at the State Level
Inheritance/Estate Tax BreaksProvides incentives and means for heirs to maintain
property in traditional usesConditions for reduced capital gains tax rateConditions for reduced inheritance tax rateDifferential tax assessment (especially with conservation
easements on property)
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Enacted at the State Level
Agricultural DistrictsFarmer initiated and defined districts that encourage
and protect agriculture.Enacted in 16 statesVarious incentives provided
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Enacted at the State Level
Right to Farm LawsProtection to farmers and ranchers from nuisance
lawsuitsAll 50 states
W. Va. Code §§ 19-19-1 to 5 (1993)
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Enacted at the State Level
Executive OrdersCriteria for obtaining state funding, documentation of
growth, task force investigationsEnacted by Governor’s from 10 states
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Enacted at the Local Level
Zoning OrdinancesLand Protection Zoning
Zoning of areas devoted to specific land usesSet minimum housing density
Cluster ZoningRequires housing be grouped close together on small lotsConservation easement on undeveloped land
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Enacted at the Local Level
Comprehensive Planning (aka master plans)Counties, cities, towns, or townships create their own
vision of a desired futureCan incorporate many of the other tools availableCan require a resource assessment, identifying valuable
lands and directing growthPromote affordable housing and adequate public
services
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Enacted at the Local Level
Transfer of Development RightsPermit landowners to transfer the right to develop one
parcel of land to a different parcel of landMay require some zoning ordinances concerning
housing density and distributionMay require state-level enabling legislation
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Enacted at the Local Level
Mitigation Ordinances and PoliciesRequires developers to permanently protect land in
another part of the local jurisdiction or pay a fee for each acre of land they develop
Davis, CA in 1995 enacted the first ordinance
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Enacted at the Local Level
Right to Farm OrdinancesStrengthen and clarify weak language in state laws
Placement of notices in deeds cautioning potential buyers of the surrounding land uses – e.g. farming – dust, noise, odors
Help educate residents about the need for current land uses