Smart Growth.Legislative Report and Update Land-use law reform has not received as much attention as it has today, since the 1920s when states first adopted the U.S. Department of Commerce's Standard City Planning city planning, process of planning for the improvement of urban centers in order to provide healthy and safe living conditions, efficient transport and communication, adequate public facilities, and aesthetic surroundings. and Zoning Enabling Act Enabling Act Law passed by the German Reichstag in 1933 that enabled Adolf Hitler to assume dictatorial powers. Deputies from the Nazi Party, the German National People's Party, and the Center Party voted in favor of the act, which “enabled” Hitler's government (SCPEA SCPEA Southern California Professional Engineering Association SCPEA South Coast Air Quality Management District Professional Employees Association ), under then-Secretary Herbert Hoover. "The 1970s saw the "quiet revolution" in land-use legislation, during which a number of statewide planning and growth management programs were enacted. The 1980s ushered in significant changes in planning and zoning enabling laws in Florida, Georgia, Hawaii, Maine, New Jersey, Oregon, Rhode Island Rhode Island, island, United States Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. , and Washington, thus establishing frameworks for statewide comprehensive planning "Comprehensive Plan" is a term used by land use planners to describe a set of goals and policies developed by a municipality to accommodate future growth. Typically the comprehensive plan will look at estimated growth within a specific time period, for example, 20 years. . But the last decade of the century saw a leap in interest in the relationship between land-use planning and such issues as economic development, transportation infrastructure, protection of prime agricultural lands, sense of place and quality of life, environment, and health," according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. Planning Magazine. This renewed interest in land-use planning has been the result of numerous factors. One facet has been the significant support that smart growth initiatives have received from government leaders. At least 39 governors mentioned this issue during their annual address to their legislative assemblies. Another major factor has been the economic success of the past five years. The United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. is in the longest period of economic expansion in history. This economic prosperity increases home ownership, development, and strains on local, state and regional resources. Many communities are now overwhelmed with the new growth and feel that they lack the capacity to deal with it, "particularly the ability to provide new infrastructure and services, such as transportation facilities and water and sewer. Vacant land is being gobbled up at a pace and in amounts that far outstrip out·strip tr.v. out·stripped, out·strip·ping, out·strips 1. To leave behind; outrun. 2. To exceed or surpass: "Material development outstripped human development" anything else during the post World War II period," according to Planning Communities for the 21st Century. To respond to this abundant growth, many state and local governments are implementing enabling legislation Noun 1. enabling legislation - legislation that gives appropriate officials the authority to implement or enforce the law legislation, statute law - law enacted by a legislative body for planning, zoning and growth management. Enabling laws or statutes permit a state to delegate their authority to local governments. However, many find that their state has not kept its planning laws up to date. "Indeed, some states have planning enabling legislation that is still based on the 1928 model of the SCPEA, that is ill-equipped to prevent the problems associated with urban growth, sprawl and modern day life. In addition, traffic congestion The condition of a network when there is not enough bandwidth to support the current traffic load. congestion - When the offered load of a data communication path exceeds the capacity. , the need for economic development, open-space planning, the lack of affordable housing, and inadequate public infrastructure, are also factors that have contributed to this land-use reform." Defining Smart Growth To effectively address the inadequacy of state growth management laws, the "Smart Growth" concept has emerged as a means by which all levels of government, usually in conjunction with private and nonprofit interests, will come together to reform current land-use planning laws. Although there isn't one universal smart growth definition, due to differing organizations' interests and goals, the Urban Land Institute (ULI ULI Underwriters Laboratories Inc. ULI Urban Land Institute ULI Universitärer Lehrverbund Informatik ULI Universal Life Insurance ULI Ultra-Light Inflatable ULI University/Laboratory Initiative (Office of Naval Research) ) has found some common characteristics that comprise this definition and they are as follows: * Development is economically viable and preserves open space and natural resources. * Land-use planning is comprehensive, integrated, and regional. * Public, private, and nonprofit sectors collaborate on growth and development issues to achieve mutually beneficial Adj. 1. mutually beneficial - mutually dependent interdependent, mutualist dependent - relying on or requiring a person or thing for support, supply, or what is needed; "dependent children"; "dependent on moisture" outcomes. * Certainty and predictability are inherent to the development process. * Infrastructure is maintained and enhanced to serve existing and new residents. * Redevelopment of infill housing Infill housing is the insertion of additional housing units into an already approved subdivision or neighborhood. These can be in the form of additional units built on the same lot, by dividing existing homes into multiple units, or by creating new residential lots by further , brownfield See greenfield. sites, and obsolete buildings is actively pursued. * Urban centers and neighborhoods are integral components of a healthy regional economy. * Compact suburban development is integrated into existing commercial areas, new town centers, and/or near existing or planned transportation facilities. * Development on the urban fringe integrates a mix of land uses, preserves open space, is fiscally responsible, and provides transportation options. * Provides for more choice in affordable housing. Generally, for a growth program to be labeled "smart," it must look at the regional affects of its proposal, not only the possible local ramifications ramifications npl → Auswirkungen pl or outcomes. The community's demographics, characteristics and developmental needs should be evaluated to balance smart growth initiatives. Also, political support financially and at critical leadership levels is necessary to institute a smart growth program. Therefore, the big picture, long-term affects and the general public's sentiments must be taken into account before any proposed measure is implemented. For smart growth proposals to be successful in balancing growth and community prosperity, buy-in must occur amongst all interested parties. Emerging Issues and Trends The apartment industry has an important stake in the smart growth debate. It is imperative that the industry becomes involved in the local and state decision-making process, due to the fact that land-use decisions can directly affect a community's quality of life, real estate development costs, availability and location of land, as well as presence of sustaining infrastructure. This portion of the report will clarify and discuss emerging smart growth issues and trends transpiring tran·spire v. tran·spired, tran·spir·ing, tran·spires v.tr. To give off (vapor containing waste products) through the pores of the skin or the stomata of plant tissue. v.intr. 1. across the country. The Sierra Club's Solving Sprawl: 1999 Sprawl Report found that twenty-five states have taken steps toward protecting farms and twenty states have agricultural conservation easement In the United States, a conservation easement is an easement — a transfer of usage rights — which creates a legally enforceable land preservation agreement between a landowner and a municipality or a qualified land protection organization (often called a "land trust"), programs. These open space protection programs compensate property owners for giving up the right to future development. Eleven states have passed comprehensive statewide growth-management acts. "These land-use-planning laws mandate or encourage comprehensive local planning according to statewide standards and enable the use of tools such as impact fees and urban growth boundaries "UGB" redirects here. UGB may also refer to Unión de Guerreros Blancos (White Warriors' Union), a death squad founded to repress leftist elements in El Salvador. An urban growth boundary, or UGB . Twenty-eight states now also have brownfields redevelopment programs to clean up abandoned and often polluted pol·lute tr.v. pol·lut·ed, pol·lut·ing, pol·lutes 1. To make unfit for or harmful to living things, especially by the addition of waste matter. See Synonyms at contaminate. 2. sites. Another national trend is that twenty-one states have spent over half of their federal transportation dollars on new road construction between 1996 to 1997. Furthermore, from 1993 to 1997, twenty-six states spent less than $10 per urban resident per year on mass transit mass transit, public transportation systems designed to move large numbers of passengers. Types and Advantages Mass transit refers to municipal or regional public shared transportation, such as buses, streetcars, and ferries, open to all on a construction. Twelve states during that time spent less than $5 per urban resident per year." "The public's desire to affect patterns of development is represented in the growing public acceptance of ballot box measures aimed at curbing the impact of growth. Between 1996 and 1998, more than 170 local governments initiated tax increases or bond referendums to purchase and protect undeveloped land and set growth boundaries." The American Planning Association The American Planning Association (APA) is a professional organization representing the field of city and regional planning in the United States. The APA was formed in 1978 when two separate professional planning organizations, the American Institute of Planners and the American (APA (All Points Addressable) Refers to an array (bitmapped screen, matrix, etc.) in which all bits or cells can be individually manipulated. APA - Application Portability Architecture ) has recently compiled a report card on the status of state planning and zoning enabling statues and statutory reform titled Planning Communities for the 21st Century. This report found: * Of the states using dated statutes, such as the SCPEA, most are in America's heartland, including the Rocky Mountain States Rocky Mountain States A region of the western United States including Colorado, Idaho, Montana, Nevada, Utah, and Wyoming. and those west of the eastern seaboard. * The most modernized mod·ern·ize v. mo·dern·ized, mo·dern·iz·ing, mo·dern·iz·es v.tr. To make modern in appearance, style, or character; update. v.intr. To accept or adopt modern ways, ideas, or style. laws are found in states on the East and West coasts, where the most urbanization in the country has occurred. The major exceptions to this are the 1998 growth management act passed in Tennessee and a comprehensive planning law enacted in Wisconsin in 1999, which describe more fully what constitutes a local comprehensive plan and clarifies the relationship between the plan and implementing actions. * The vast majority of states make local comprehensive planning optional or conditionally mandatory, meaning that the statutes require a local government to develop a plan only if it chooses first to create a planning commission Noun 1. planning commission - a commission delegated to propose plans for future activities and developments commission, committee - a special group delegated to consider some matter; "a committee is a group that keeps minutes and loses hours" - Milton Berle . A minority of states, mostly on the East and West coasts, mandate planning with no conditions attached to the mandate. The states that have no or conditional mandates are generally in America's heartland--the same states that have the most outdated statutes. * In those states where planning is mandated, state governments tend to have strong roles in connection with local planning, such as through the adoption of a state land-use plan or policy, or through the approval of local plans as being consistent with state plan policies, goals, or statutory standards. * Broad differences exist between the majority of state planning laws and those that are modernized concerning how well the laws guide and encourage effective local land-use planning. * Legislative efforts at modernizing state statutes are at a record high. In 1999 alone, approximately one thousand state land-use reform bills have been introduced in legislatures across the country. Of these, approximately 200 have been enacted into law. * Reforms that are being enacted fall into three categories: basic recodification and tightening of existing land-use laws and regulatory procedures; authorization for innovative and flexible land use controls; and significant overhauls in the framework of land-use regulation to reform "business as usual" processes that have yielded undesirable results. In APA's opinion, six states--Maryland, New Jersey, Oregon, Rhode Island, Tennessee, and Washington--have taken major initiatives in reforming their planning legislation and working with local governments to ensure plan implementation. The APA report also found that ten states--Alaska, Louisiana, Michigan, Nebraska, North Dakota North Dakota, state in the N central United States. It is bordered by Minnesota, across the Red River of the North (E), South Dakota (S), Montana (W), and the Canadian provinces of Saskatchewan and Manitoba (N). , Ohio, Oklahoma, South Dakota South Dakota (dəkō`tə), state in the N central United States. It is bordered by North Dakota (N), Minnesota and Iowa (E), Nebraska (S), and Wyoming and Montana (W). , West Virginia West Virginia, E central state of the United States. It is bordered by Pennsylvania and Maryland (N), Virginia (E and S), and Kentucky and, across the Ohio R., Ohio (W). Facts and Figures Area, 24,181 sq mi (62,629 sq km). Pop. , and Wyoming--have neither modernized their statewide planning and zoning enabling statutes A law that gives new or extended authority or powers, generally to a public official or to a corporation. nor made any significant legislative proposals or studies to date addressing such reforms. While there is a tremendous amount of state and local activity regarding smart growth and land-use planning issues, there are no two laws that are the same. The majority of the smart growth and land-use reform measures that have been enacted are designed to meet the needs of that particular state or locality. Smart Growth Initiatives Because there is not a one-size-fits-all smart growth initiative, there are a wide variety of measures being considered and implemented throughout the United States. The examples of smart growth initiatives that follow explain what distinguishes specific legislative measures as "smart growth" initiatives, from "anti-growth" measures, which will be clarified later on in this report. NAA's State and Local Policy Department gathered the following excerpted information from NAA's 2000 State and Local Policy Update. The department utilizes state and local affiliate newsletters, web sites, and national news sources to create this update. Arizona Description: SB 1023 expands the current requirement that cities and towns with populations of more than 2,500 include open-space, growth-area, environmental planning Environmental planning is a relatively new field of study that aims to merge the practice of urban planning with the concerns of environmentalism. Essentially speaking, while urban planners have traditionally factored in economic development, transportation, sanitation, and other and development cost elements in their general plans. Now the state's Land Department would be responsible for establishing a planning assistance program for cities and towns of 2,500 to 15,000. In some situations, the general plans must be adopted or readopted in cities of 2,500 to 75,000. Status: Pending California Description: AB 1901 would provide grant money to property owners in downtown Los Angeles Downtown Los Angeles is the central business district of Los Angeles, California, located close to the geographic center of the metropolitan area. The sprawling, multi-centered megacity is such that its downtown core is often considered just another district like Hollywood or who agree to rehabilitate re·ha·bil·i·tate v. 1. To restore to good health or useful life, as through therapy and education. 2. To restore to good condition, operation, or capacity. and renovate commercial property into residential and mixed-use development Mixed-use development refers to the practice of allowing more than one type of use in a building or set of buildings. In planning zone terms, this can mean some combination of residential, commercial, industrial, office, institutional, or other land uses. . Status: Pending Description: AB 919 was developed to aid city and county decision-makers fight local "NIMBYism" (Not in My Back Yard) or opposition to new housing projects. One provision of this legislation increases the protections of the law to middle income households (a person or family whose income does not exceed 150% of the county's median income). Another provision of AB 919 strengthens the language in the current law, which allows a local government to deny a housing project if it would have an adverse impact on the public health and safety. AB 919 clarifies the original definition to require that an adverse impact be `direct and quantifiable' and based upon `objective and identified' local laws as they existed on the date the (development) application was deemed complete. Status: Effective Description: AB 601 creates the Urban Initiatives Act. It increases housing through the adaptive reuse Adaptive reuse is the process of adapting old structures for new purposes. When the original use of a structure changes or is no longer required, as with older buildings from the industrial revolution, architects have the opportunity to change the primary function of the of underutilized existing urban buildings. AB 601 also provides for alternative building regulations and standards, and exemption from certain property tax relief and income tax credits in connection with qualified adaptive reuse buildings. Status: Pending Colorado Description: The City Council of Parker is attempting to deal with growth problems in the locality. They are in the process of hiring an outside consultant to help in the development of a growth plan. The City Council would like to have a plan in place within the next five months, so that people may once again begin submitting building permits. Status: Pending Description: Recently, Governor Bill Owens
n. 1. The drift of a ship or an aircraft to leeward of the course being steered. 2. A margin of freedom or variation, as of activity, time, or expenditure; latitude. See Synonyms at room. in how long they would have to set aside parts of their land for conservation efforts, bans "flag pole" annexations by cities, and dumps DUMPS a lethal inherited disorder of Holstein cattle that causes infertility. The name is an acronym of Deficiency of Uridine MonoPhosphate S the current enterprise zone program in favor of a plan to help only economically depressed areas. Status: Pending Georgia Description: SB 399 is an initiative to protect 20% of the State's green space. This legislation sets up a series of incentives and disincentives for local governments to adopt green space preservation ordinances. Status: Effective Maryland Description: HB 1206 requires a local planning commission, through its comprehensive plan required under the State Zoning and Planning Law (Article 66B), to implement the vision that adequate public facilities and infrastructure are available or planned in areas where growth is to occur. Status: Effective 10/01/00 New Mexico New Mexico, state in the SW United States. At its northwestern corner are the so-called Four Corners, where Colorado, New Mexico, Arizona, and Utah meet at right angles; New Mexico is also bordered by Oklahoma (NE), Texas (E, S), and Mexico (S). Description: The City of Albuquerque conducted a "vacant land inventory" to assess the amount of available land within the city limits. The inventory was the most intensive of its kind to date and found 1,392 vacant parcels of an acre or more, totaling 11,023 acres, all within the city limits and the city's water-service area. Urban in-fill or "infill in·fill n. 1. The use of vacant land and property within a built-up area for further construction or development, especially as part of a neighborhood preservation or limited growth program. 2. development" promotes the idea that new construction should remain inside city limits, thereby curtailing urban sprawl and promoting land efficiency, as well as conservation of the city's services. North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures Area, 52,586 sq mi (136,198 sq km). Pop. Description: The General Assembly appropriated $200,000 for the 1999-2000 state budget bill to the Department of Commerce to establish a Commission to address smart growth, growth management, and development issues. This Commission will recommend initiatives to promote comprehensive and coordinated local, regional, and state planning, facility financing, and growth management. Finally, the goal of the Commission is to find ways to promote smarter infrastructure and transportation planning Transportation planning is the field involved with the siting of transportation facilities (generally streets, highways, sidewalks, bike lanes and public transport lines). , foster compatible land-use patterns, protect housing affordability, ensure consumer choice, and other similar goals. Status: Pending Oregon Description: The metropolitan region of Portland is considered to be the national showcase for smart growth. The city's planning initiatives include "(1) an urban growth boundary to stop sprawl, (2) efforts to focus growth around transit lines and their stops, (3) redevelopment of the downtown to give the region a coherent focus, (4) a new emphasis on `infilling' within already developed areas rather than `greenfield' development at the edge, (5) design guidelines developed by the New Urbanism New urbanism is an American urban design movement that arose in the early 1980s. Its goal is to reform all aspects of real estate development and urban planning, from urban retrofits to suburban infill. that emphasize walking-scale communities instead of automobile-based sprawl, and (6) an elected regional government to administer these programs and maintain popular support and debate. As the Portland model shows, smart growth must be backed by a wide-ranging regional coalition that includes good working relationships between the central city and its suburbs, and between urban and rural interests." Status: Effective Pennsylvania Description: SB 300 is a comprehensive amendment to the Pennsylvania Municipalities Planning Code (MPC (1) (Mobile PC) A handheld or laptop computer. See handheld computer, laptop computer and Ultra-Mobile PC. (2) (MultiPath Channel) See multipath. ) designed to encourage regional efforts to deal with local land use and growth management issues through joint planning and zoning. Specifics of the legislation include: Joint Municipal Zoning Ordinances In order to provide municipalities greater flexibility to plan and zone for future growth on a more regional basis, municipalities entering into joint zoning ordinances would be protected from the current requirement that all forms of land use be available within the municipal boundaries. Encourage Regional Planning regional planning: see city planning. The bill authorizes the formation of "multi-municipal planning agencies" to assist in the development of more comprehensive land use planning
Land use planning is the term used for a branch of public policy which encompasses various disciplines which seek to order and regulate the use of land in an efficient and ethical way. efforts. Such entities would be constituted to address the full range of land use planning issues on behalf of the participating municipalities. Encourage Planning Consistency Priority for State Planning Assistance Grants to develop or revise comprehensive plans would be given to those municipalities which agree to adopt comprehensive plans that are generally consistent with the county plan and which agree to enact new zoning ordinances or amendments which are consistent with that comprehensive municipal plan. Expand Comprehensive Plan Components Pursuant to the bill, municipal and comprehensive plans would include, as basic elements, plans for protection of prime agricultural land and natural and historic resources. In addition, plans are to include identification of proposed land uses, which would have a regional impact (such as shopping centers shopping center, a concentration of retail, service, and entertainment enterprises designed to serve the surrounding region. The modern shopping center differs from its antecedents—bazaars and marketplaces—in that the shops are usually amalgamated into and industrial parks). Technical Assistance The bill provides for the development of a State Land Use and Growth Management Report to aid counties and municipalities in the preparation and development of their comprehensive plans and land use regulations. Zoning The bill provides that zoning ordinances must provide for the protection of prime agricultural land and historic resources. When a zoning ordinance is either adopted or amended, the municipality MUNICIPALITY. The body of officers, taken collectively, belonging to a city, who are appointed to manage its affairs and defend its interests. must certify to the county planning agency that the ordinance is generally consistent with the municipality's comprehensive plan, or if no such plan exists, the county or multi-municipal plan. Traditional Neighborhood Development This legislation also includes a provision addressing the issue of "traditional neighborhood development". The objective of the development is to establish a community that is pedestrian-oriented with parks, a central commons or square, and areas for social activity, community and recreational functions. Status: Pending Texas Description: Austin's City Council is attempting to limit development in environmentally sensitive areas An Environmentally Sensitive Area (ESA) is a type of designation for an agricultural area which needs special protection because of its landscape, wildlife or historical value. and curtail urban sprawl. The City Council, by approving amendments to the city's Land Development Code, aims to protect two western watersheds that are considered to be environmentally sensitive. This ordinance would reduce the amount of impervious im·per·vi·ous adj. 1. Incapable of being penetrated: a material impervious to water. 2. Incapable of being affected: impervious to fear. cover--buildings or pavement--that can be built in the Lake Travis Lake Travis is a reservoir on the Colorado River in central Texas in the United States. The reservoir was formed in 1942 by the construction of Mansfield Dam on the western edge of Austin, Texas by the Lower Colorado River Authority. and Lake Austin Lake Austin is a reservoir on the Colorado River in Austin, Texas in the United States. The reservoir was formed in 1939 by the construction of Tom Miller Dam by the Lower Colorado River Authority. watersheds for commercial or multifamily developments. Currently in these areas, commercial and multifamily developments can cover 40 percent of a property's area inside the city limits and 20 percent outside the city. Under the new rules, the allowance will be 20 percent, regardless of where the city line falls. Status: Pending Washington Description: The King County Council approved an ordinance that would establish operating procedures for the $1.5 million King County Transfer of Development Credit (TDC TDC Top Dead Center TDC Time-to-Digital Converter TDC Tabular Data Control TDC Total Development Cost TDC Texas Department of Corrections TDC The Discovery Channel TDC Torpedo Data Computer TDC Theater Deployable Communications ) "bank". The bank is a mechanism to buy development credit from willing landowners in rural areas and sell them to property owners in the urban unincorporated areas In law, an unincorporated area is a region of land that is not a part of any municipality. To "incorporate" in this context means to form a municipal corporation, i.e., a city or town with its own government. or inside cities. The rural lands are protected with permanent conservation easements EASEMENTS, estates. An easement is defined to be a liberty privilege or advantage, which one man may have in the lands of another, without profit; it may arise by deed or prescription. Vide 1 Serg. & Rawle 298; 5 Barn. & Cr. 221; 3 Barn. & Cr. 339; 3 Bing. R. 118; 3 McCord, R. that prevent further residential development. The density being transferred will then be permitted to be constructed in urban areas. Status: Effective Anti-Growth Measures "Anti-growth measures typically call for a mix of rigid development control mechanisms such as urban growth boundaries, density limits, caps on number of residential building permits, impact/development fees, mandatory voter approval of major housing projects or related zoning changes." Generally, municipalities that do not have comprehensive plans or smart growth initiatives are more likely to implement anti-growth measures. A moratorium on development is an example of this form of stop-gap-measure. "A moratorium on development is a local law or ordinance that suspends the right of property owners to obtain development approvals, while the community is considering, drafting or adopting land-use plans or rules, that are not adequately dealt with by its current laws. A general moratorium imposes a ban on the consideration and approval of all development and building applications in the community. A specific moratorium may prevent development approvals in a particular geographic area or of a certain type." Some anti-growth legislative examples, from NAA's 2000 State and Local Policy Update, are discussed and listed below. Arizona Description: SB 1298 would allow any person or organization to file a referendum petition against a city or town rezoning. The filing can be against council: 1) approval of the rezoning or 2) approval of the minutes showing the rezoning, whichever transpires first. The rezoning is not operative during this period. Status: Pending California Description: A San Luis Obispo San Luis Obispo (săn l  `ĭs ōbĭs`pō), city (1990 pop. 41,958), seat of San Luis Obispo co., S Calif., near San Luis Obispo Bay; inc. 1856. County group is creating a November
2000 ballot measure to Save Open Space and Agricultural Resources
(SOAR). This initiative would necessitate ne·ces·si·tate tr.v. ne·ces·si·tat·ed, ne·ces·si·tat·ing, ne·ces·si·tates 1. To make necessary or unavoidable. 2. To require or compel. voter approval of any zoning changes for residential or commercial development on agriculture or open space acreage. Status: Pending Colorado Description: Article 256, "A Responsible Growth Initiative," is a proposed state constitutional amendment that is being promoted by Coloradans for Responsible Growth. This coalition has been formed to collect the necessary signatures that are required by the State to place this anti-development initiative onto the November ballot. Article 256 would require cities and counties to prepare maps of future growth areas and submit them to voters. The government would have to describe to voters the projected impacts of new development, and growth would be limited to areas where localities could afford to build roads, water and sewer systems Noun 1. sewer system - facility consisting of a system of sewers for carrying off liquid and solid sewage sewage system, sewage works facility, installation - a building or place that provides a particular service or is used for a particular industry; "the within a 10-year period. Counties that have a population of fewer than 25,000 residents can vote to exempt themselves from this initiative. In addition, those counties that have less than 10,000 residents and towns that have 1,000 or fewer residents are excluded from the provisions of this proposal. Status: Pending Description: The Arvada City Council is still in the process of changing its design standards Design standards Specifications of materials, physical measurements, processes, performance of products, and characteristics of services rendered. Design standards may be established by individual manufacturers, trade associations, and national or . The current standards have the ability to raise the price of development and make it almost impossible to offer any affordable rents in the near and distant future. Status: Pending Description: Thornton city officials have developed new rules to cap at 1,700 the number of single-family and multifamily homes built. The ordinance would cap the number of new single-family homes each year to 1,300. In addition, the ordinance would allow no more than 400 multifamily homes to be built each year. Status: Pending Description: HB 1223 would have established a program in the division of local government in the department of local affairs, under which local communities in Colorado would be designated as "Colorado Heritage Communities". This bill would have authorized the department to award planning grants to designated counties to address critical planning issues; to develop criteria by rule for the designation of the division of the Colorado Heritage Communities and by awarding the division of planning grants. During the House debate, the bill was amended to add some language that would make the state more active in what happens at the local level. However, because this legislation failed, there are many groups banning together to present a ballot initiative in November. Colorado Apartment Association and Apartment Association of Metro Denver are working in conjunction with other groups to educate the public on how apartments are a solution, not a cause of urban sprawl. Status: Failed Illinois Description: Nauvoo City Council, approved by a unanimous voice vote, a 90-day moratorium on all development excluding single family homes and additions to existing structures. Until the city's land-use plan and zoning ordinance is in place, the officials expressed reluctance to approve new permits knowing their actions may run counter to zoning laws about to be put into effect. Status: Effective Kentucky Description: Edgewood is discussing a rezoning plan that would eliminate multifamily housing, while grandfathering in all current complexes. Essentially, the Council is attempting to slow the city's growth. Although Kenton County Planning Board Noun 1. planning board - a board appointed to advise the chief administrator advisory board governance, governing body, organisation, administration, brass, establishment, organization - the persons (or committees or departments etc. has rejected these plans, the City Council is still likely to proceed. Status: Pending Louisiana Description: Jefferson Parish Council is reviewing its use of building moratoriums. Parish officials are reconsidering the use of lengthy moratoriums that not only can prevent the Parish's property owners from developing their land, but also can be illegal. Currently, when the Parish Council calls for a planning or zoning study, moratoriums are automatically enacted. However, a recent study completed by the Planning Department found that the moratoriums should be limited to a maximum of two years and six months and should not be automatic. The board has postponed its decision on this change and has called for a second public hearing. Status: Pending Maryland Description: A Prince George's County Executive has instituted a goal of reducing the number of apartments in the county by 30 percent. He hopes to accomplish this goal by supporting the complete destruction of these properties, instead of rehabilitation rehabilitation: see physical therapy. . The basis behind this policy is the Executive's belief that Prince George's County has more than its share of affordable housing. Status: Pending New Mexico Description: The City Council of Rio Rancho ran·cho n. pl. ran·chos Southwestern U.S. 1. A hut or group of huts for housing ranch workers. 2. A ranch. approved a preliminary draft ordinance and proposed amendments that would add impact fee rates of $3,370, to be phased in over a three-year period, to the cost of building single family and multifamily residential developments. In addition, commercial, retail and industrial development impact fees would be based upon meter size and would range from $5,060 to $27,000. The impact fees would be used for capital improvements and necessary expansions resulting from growth. The Council also approved two other measures that would reduce utility connection fees from $2,000 to $400, as a way to offset the burden of the added impact fees. Status: Pending Virginia Description: HB 852 would have required the issuance of building permits based on capitol improvements. This legislation would have allowed any county, that has an average annual growth rate of five percent or greater, to establish the maximum number of building permits for new residences to be issued in each calendar year. Status: Failed Grassroots Involvement The breadth of legislative and regulatory measures being considered and implemented around the country warrants the apartment industry's involvement in the smart growth debate. To monitor the status of smart growth legislation and regulations, the industry must be vigilant in communicating to other industry professionals what is occurring in their communities. This information can be obtained through many different mediums. The National Real Estate Organizations, of which NAA/NMHC are members, hosted a smart growth forum on Capitol Hill in 1999 and a copy of these proceedings is available from NMHC NMHC National Multi Housing Council NMHC Non-Methane Hydrocarbons NMHC National Modular Housing Council . The focus of the forum was what role (or non-role) the federal government should play in the smart growth debate. Also, the NAA/NMHC Smart Growth Pamphlet is an excellent member resource and education tool. Additionally, a smart growth resource guide that provides organizations and associations phone numbers and e-mail addresses See Internet address. e-mail address - electronic mail address can be found in Appendix C of this report. The organizations and associations listed in this guide are active participants and are crucial players in the smart growth policy discussion. Listed below are some other means by which the industry can keep up-to-date with the latest smart growth proposals, coalitions, anti-growth measures, conferences, as well as publications that are being developed and considered in this ongoing public policy debate. * Use the NAA/NMHC Growing Smarter with Apartments and widely distribute to state and local officials. * "Become familiar with your state and local planning laws, how they work, and if they need to be reformed." * Monitor activity and content of town hall meetings. Get on mailing list An automated e-mail system on the Internet, which is maintained by subject matter. There are thousands of such lists that reach millions of individuals and businesses. New users generally subscribe by sending an e-mail with the word "subscribe" in it and subsequently receive all new to receive agendas. (Keep-up-to-date on activities in other state's in your area as well.) * Join or build coalitions of interested and affected groups, organizations, citizens, and government officials, such as NAA NAA Nomina Anatomica Avium. , IREM IREM Institute of Real Estate Management (Chicago, Illinois) IREM Institute of Real Estate Managers IREM Integrated Research, Evaluation, and System Analysis Model IREM Infra-Red Emission Microscopy , Realtors, NAHB NAHB National Association of Home Builders NAHB National Academy of Health and Business (Canada) , MHI MHI Manufactured Housing Institute MHI Montreal Heart Institute (Montreal, Quebec, Canada) MHI Median Household Income MHI Main Hawaiian Islands MHI Material Handling Institute , etc. * Develop data about apartments in your area. (Know the key research on delays of bringing new apartment developments to fruition and local housing needs.) * Develop data and marketing pieces on the positive benefits of apartment development for your community. * "Distribute or draft model planning and zoning legislation with supporting commentary." Use the smart growth information and example legislation from NAA/NMHC, the American Planner's Association, etc. * "Attend public meetings, workshops, legislative hearings and other events related to planning statute reform and growth management issues in your state" and educate others about the positive contributions of apartments to smart growth. * Become involved in local zoning and planning commissions by volunteering or by appointment. * Seek to reduce the number of regulatory burdens encountered with development, especially in urban areas. * Urge local and state governments to assist developers who want to help with smart growth by expediting approval of projects through a liaison who is seeking to shorten the current delays in project approval. * Write letters to the editor of your local newspaper and explain the role of apartments in smart growth. * Build personal relationships with legislators, mayors, and other public officials and their staffs. * Become active in you local community and the apartment industry. * Contribute to political action committees and candidates who favor responsible smart growth initiatives to gain access to public officials. * Review journals, publications, and newspapers for smart growth updates, model legislation, development trends, etc. * Conduct on-line legislative and regulatory searches. Use search engines such as Goggle gog·gle v. gog·gled, gog·gling, gog·gles v.intr. 1. To stare with wide and bulging eyes. 2. To roll or bulge. Used of the eyes. v.tr. To roll or bulge (the eyes). , The Virtual Chase at--www.virtualchase.com, Northern Light, Yahoo, Excite, AltaVista, Go.com, About.com, and Lexis Lexis® An online legal information service that provides the full text of opinions and statutes in electronic format. Subscribers use their personal computers to search the Lexis database for relevant cases. They may download or print the legal information they retrieve. Nexis. Land-use planning policies are going to continue to be a major discussion topic in the years ahead. Smart growth initiatives, while accommodating growth, can enhance the economy, protect the environment, and preserve or improve a community's quality of life. The apartment industry must be a leader in the smart growth public policy debate, to ensure that all interest groups are represented and that the industry's position can be incorporated into legislative and regulatory measures. While public policy is enacted incrementally and must go through various decision-making stages, it is critical that our industry's voice be heard. The window of opportunity is now open and it is imperative that we act. Inaction in·ac·tion n. Lack or absence of action. inaction Noun lack of action; inertia Noun 1. will negatively affect our industry's ability to provide and maintain quality, affordable apartment homes. Information compiled from data supplied by Planning Magazine, The American Planning Association, the Urban Land Institute, the Sierra Club Sierra Club, national organization in the United States dedicated to the preservation and expansion of the world's parks, wildlife, and wilderness areas. Founded (1892) in California by a group led by the Scottish-American conservationist John Muir, the Sierra Club Sprawl Report, and the Fannie Mae Fannie Mae: see Federal National Mortgage Association. Foundation Housing Policy Debate. Appendix A -- A detailed summary of state statutory requirements for comprehensive plans can be obtained by contacting the National Apartment Association at 703/518-6141, x119. Appendix B -- A listing of state incentive-based growth management laws can also be obtained by contacting the National Apartment Association at 703/518-6141, x119. Appendix C -- A Smart Growth Resource Guide is attached. Estee LeClare is a policy analyst for NAA. |
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