keep towns vital retain people/jobs preserve open space conserve tax dollars good planning can...
TRANSCRIPT
Keep Towns Vital
Retain People/Jobs
PreserveOpen Space
ConserveTax Dollars
Good Planning Can
Retain People/Jobs
Good Planning Can
Keep Towns Vital
PreserveOpen Space
ConserveTax Dollars
Workshop One
Key Issues
Specific Tools
Other Tools
IntroductionLand Use
Management Program
Conservation
General ToolsConservation of Conservation of
Natural and Historic Natural and Historic Resources, Agriculture Resources, Agriculture
and Open Spaceand Open Space
Conclusion
Conservation
Recall that government actions must be based in the police power to protect public health, safety and welfare;
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Public Health
Conservation
Public health benefits when:
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
• Source water is not Source water is not contaminatedcontaminated
• The filtering capacity of The filtering capacity of wetlands and stream buffers wetlands and stream buffers is retainedis retained
Public Health
Conservation
Public health benefits when:
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
• Source water is not contaminated
• The filtering capacity of wetlands and stream buffers is retained
• The oxygen producing The oxygen producing capacity of forests is capacity of forests is maintainedmaintained
• The carbon sink capacity of The carbon sink capacity of woodlands is savedwoodlands is saved
• Opportunities for exercise are Opportunities for exercise are enhancedenhanced
Public Health
Conservation
Public health benefits when:
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
• Source water is not contaminated
• The filtering capacity of wetlands and stream buffers is retained
• The oxygen producing capacity of forests is maintained
• The carbon sink capacity of woodlands is saved
• Opportunities for exercise are enhanced
• The noise mitigation property The noise mitigation property of trees is retainedof trees is retained
Public Safety
Conservation
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Public safety is maintained when:• Slopes are stabilized and Slopes are stabilized and
buildings are not buildings are not threatenedthreatened
• Undermining does not Undermining does not cause subsidencecause subsidence
• The carrying capacity of The carrying capacity of floodplains is maintainedfloodplains is maintained
Public Safety
Conservation
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Public safety is maintained when:• Slopes are stabilized and
buildings are not threatened
• Undermining does not cause subsidence
• The carrying capacity of The carrying capacity of floodplains is maintainedfloodplains is maintained
• Life and property are Life and property are protected due to storm protected due to storm water managementwater management
• Pervious cover is usedPervious cover is used
Public Welfare
Conservation
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Public welfare is increased when: • Erosion and sedimentation do not add costs Erosion and sedimentation do not add costs
to water filtration and treatmentto water filtration and treatment• Local agriculture is maintainedLocal agriculture is maintained• Bio-habitats and corridors are retainedBio-habitats and corridors are retained
Public Welfare
Conservation
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Public welfare is increased when: • The community character such as The community character such as
scenic vistas are preservedscenic vistas are preserved• The cultural heritage is honoredThe cultural heritage is honored• Young, educated, footloose workers Young, educated, footloose workers
stay for superior natural amenitiesstay for superior natural amenities
Public Welfare
Conservation
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Public welfare is increased when:
• Land use that pays more in taxes than it costs in public Land use that pays more in taxes than it costs in public services is retainedservices is retained
• Public funds are not required to build and maintain Public funds are not required to build and maintain redundant infrastructureredundant infrastructure
• Per capita public service costs are controlled due to the Per capita public service costs are controlled due to the containment of sprawlcontainment of sprawl
Typical low density suburban subdivisions impose more Typical low density suburban subdivisions impose more public costs than they produce in taxes. Farms and open public costs than they produce in taxes. Farms and open land are just the opposite.land are just the opposite.
• In Columbus, Ohio values for similar property were up to 23% greater if they faced open space
• In Boulder, Colorado properties adjacent to greenbelts averaged 32% more than ½ mile away
• In Philadelphia, a park accounted for 33 % of the value of land adjacent to it
Public Welfare
Conservation
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Public and private welfare benefit when property values appreciate:
Conservation
MPC
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
The most powerful tool for achieving these benefits is the Municipalities Planning Code authorizing municipal comprehensive plans, zoning and subdivision/land development regulations.
Conservation
Comprehensive Plan
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
The comprehensive plan should contain, “A plan for the protection of natural and historic resources…including, but not limited to, aquifer recharge zones, wetlands, steep slopes, prime ag land, flood plains, unique natural areas and historic sites.”
• Water sources• Prime ag soils• Bio-habitat• Woodlands• Wetlands and
streams• Sensitive areas such
as steep slopes and floodplains
Conservation
Comprehensive Plan
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
To meet these provisions of the comprehensive plan a natural heritage inventory should include:
Agriculture
Bio-Diversity Physiography
Environmentally Significant
Conservation
Comprehensive Plan
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
There is a substantial amount of existing data as well as a number of organizations that can help
• American Farmland TrustAmerican Farmland Trust• Local and regional land trustsLocal and regional land trusts• State and county farm State and county farm
preservation programspreservation programs
Center for Rural
Pennsylvania
Conservation
Comprehensive Plan
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
There is a substantial amount of existing data as well as a number of organizations that can help
American Farmland Trust1200 18th St NWWashington, DC 200361-800-431-1469
DCNRRachel Carson Office Bldg6th Flr, PO Box 8475Harrisburg, PA 17105-8475717-787-7672www.dcnr.state.pa.us
Center for Rural
Pennsylvania200 N. Third St, Suite 600Harrisburg, PA 17101717-787-9555www.ruralpa.org
Roy KraynykAllegheny Land [email protected]
Land Trust Alliance1331 H St NW, Suite 400
Washington, DC [email protected]
Pensylvania Environmental Council22 Terminal WayPittsburgh, PA 15219412-481-9400
Conservation
Multi-Municipal Plans
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
The Municipalities Planning Code (MPC) in Article XI authorizes municipalities who prepare a joint comprehensive plan to designate:
• Growth is projected for the next 20 years – but should be revisited every 5 or so years
• Commercial, industrial and institutional uses provide jobs and tax base for the area
• Services are provided to support this development
• Land has the capacity to accommodate development
Conservation
Multi-Municipal Plans
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Growth Areas where:
Conservation
Multi-Municipal Plans
Key Issues
Specific Tools
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Introduction
General Tools
Conclusion
Future Growth Areas where development is planned to accompany the orderly extension and provision of services.
• Question – should such areas Question – should such areas be designated in a region of no be designated in a region of no population growth?population growth?
• Rural resources are planned for and support the overall community
• Publicly funded infrastructure is not intended , so natural features are not encroached upon by incompatible uses
Conservation
Multi-Municipal Plans
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Rural Resources Areas where important features such as prime soils, wetlands, water resources exist.
• The idea that agricultural land is not underused land simply waiting around for “development” but is a viable land use
• Existing operations and soil quality
• Viable size – 100 acres? • Dwelling units per
acreage may be based on a sliding scale
• Only structures related to agriculture
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Agricultural zoning (part of the MPC Rural Resource Area) is based on:
1. Identify land and features to be preserved
2. Then, fit the building lots to the remaining land
3. Then, design the minimum amount of
infrastructure
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Cluster Zoning/Open Space Zoning/Conservation Subdivision:
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Cluster Zoning/Open Space Zoning/Conservation Subdivision:
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Cluster Zoning/Open Space Zoning/Conservation Subdivision:
• Reduce overall Reduce overall densitydensity
• Do notDo not reduce reduce developer’s profitsdeveloper’s profits
• Reduces infrastructure costs initially and long term providing a win for the developer, the home buyers and the municipality
• Provides maximum open space for active and passive recreation
• Protects natural resources
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
The cluster zoning approach:
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Another example:
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Zoning can be used to protect natural resources and sensitive lands including: • Streams and wetlands; for Streams and wetlands; for
example disturbance should example disturbance should be prohibited within 100 feet be prohibited within 100 feet depending on slope and depending on slope and vegetationvegetation
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Zoning can be used to protect natural resources and sensitive lands including: • Streams and wetlands; for
example disturbance should be prohibited within 100 feet depending on slope and vegetation
• Impervious surface ratioImpervious surface ratio• Open space ratioOpen space ratio• Protection of natural Protection of natural
resources and sensitive resources and sensitive landslands
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Floodplains; PA Act 166 requires participation in Federal Insurance Program and restricts building in floodplain to maintain its carrying capacity.
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Floodplains can serve a dual purpose.
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Woodlands can be protected by requiring minimal disturbance for development and replacement on- site or off-site through a negotiated fee. The fees can be pooled to buy and enhance other land for open space.
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Options for remediation of disturbance include: • replacement of trees replacement of trees
that must be removed that must be removed over 8” or 10” diameter over 8” or 10” diameter on site or,on site or,
• a fee to buy nearby a fee to buy nearby land based on the land based on the quality and quantity of quality and quantity of lost vegetation and lost vegetation and habitathabitat
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
• Top soil; stockpile and Top soil; stockpile and replace after construction replace after construction
Options for environmental protection include:
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
• Bio-habitat and corridor Bio-habitat and corridor protection; see inventories by protection; see inventories by the Western Pennsylvania the Western Pennsylvania Conservancy Conservancy
Options for environmental protection include:
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
• Prohibit development that would rise above ridgelinesProhibit development that would rise above ridgelines
Options for environmental protection include:
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
• Scenic views and other natural featuresScenic views and other natural features
Options for environmental protection include:
• Requires formal statement of service standards by the municipality
• Facilities to be in accordance with adopted recreation plan
• Must be included in the recreation element of the comprehensive plan
• Land or fees must bear a reasonable relationship to use by inhabitants of development (not necessarily abutting)
Conservation
Ordinances: Zoning & SLD
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Required Land Dedication or Fee-in-Lieu for Recreation.
Conservation
Land Evaluation and Site Analysis
Land Evaluation and Site Analysis Program --Rating farmland
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Must be within Ag Security Area (ASA)
Part of the PACE (Purchase of Agricultural Easements) evaluation and ranking process
Owner must assess soil quality and other site attributes that affect agricultural viability as part of PACE application
Conservation
Ag. Security Areas
Agriculture Security Areas (ASAs)
Authorized by the State Department of Agriculture
Voluntary Established by the
municipality on petition of landowners
7 year, renewable designation
At least 250 acres of viable agricultural land (noncontiguous and can span municipal and county boundaries)
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Conservation
Ag. Security Areas
Agriculture Security Area (ASA) Designation
Prevents restriction of normal farm practices and provides immunity from nuisance ordinances
Requires state agencies to encourage continuation of agriculture
Requires State Agricultural Lands Condemnation Approval Board review of state funded development such as highways in the ASA Areas
Provides greater protection from condemnation
Required for PACE
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Conservation
Acquisition Approaches
Dedications or easements are not enough. It is often necessary for a municipality to purchase land to safeguard it and to provide public open space for public health, safety and welfare purposes.
• These may be areas of These may be areas of special environmental value special environmental value or,or,
• This may be a small green This may be a small green space in the midst of a space in the midst of a developed areadeveloped area
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Conservation
Acquisition Approaches
Agricultural Conservation Easements Program
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
The state buys easements that prohibit all uses except agriculture
Priorities set by the County Agriculture Preservation Board
Price is the difference between value of land protected for agricultural use and value based on uses allowed by current zoning without easement
The owner retains all other private property rights
Easement is perpetual although may be extinguished after 25 years if no longer viable agricultural land
Removal of easement requires payment of difference between agricultural and non-agricultural value at time of resale
Funds available annually in your county to purchase easements. Check with your county Agriculture Board to find out when the applications are available
Conservation
Acquisition Approaches
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Agricultural Conservation Easements Program
Conservation
Other Acquisition Approaches
Purchase of Development Rights
Sale of land or easement to a land trust
Donation of development rights for tax benefits
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Conservation
Other Acquisition Approaches
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Transfer of Development Rights (TDRs)
Established by the municipality when it:
But, mainly implemented by the private market
1. recognizes severable rights
2. establishes sending areas3. establishes receiving
areas4. establishes bonuses for
density, height, etc.
1. recognizes severable rights
2. establishes sending areas3. establishes receiving areas4. establishes bonuses for
density, height, etc.
Conservation
Environmental Advisory Councils
Knowledgeable and interested citizens advise the municipality.
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Conservation
Greenway Programs Provide trails for hiking,
biking, horses Should be multi-municipal,
multi-county, multi-state Place on official map
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Landowner liability limited Increase land values Include sensitive natural
areas “green infrastructure” listed above
Conservation
Differential or In-Use Assessment
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
The Pennsylvania Clean and Green Program (Act 319):
Permits counties Permits counties to assess to assess agricultural land agricultural land or forest reserve or forest reserve at its use valueat its use value
Must be at least Must be at least 10 acres10 acres
If use is changed, If use is changed, the owner must the owner must pay roll-back pay roll-back taxes plus interesttaxes plus interest
Conservation
Right-to-Farm Legislation
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Protects farming from nuisance challenges
Conservation
Right-to-Farm Legislation
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Promotes the economic viability of agriculture:
- Permit direct sale from farmstands
- Provide for farmers’ markets; space, parking, publicity
Conservation
Summary
Key Issues
Specific Tools
Other Tools
Introduction
General Tools
Conclusion
Municipalities have many tools through which natural resources, open space, agriculture and rural lands can be maintained. • Some tools are required by federal Some tools are required by federal
and state legislationand state legislation• Other tools may be used if the Other tools may be used if the
municipality wishes to do somunicipality wishes to do so• Many public and civic organizations Many public and civic organizations
have the data and experience to assist have the data and experience to assist youyou