Sustainable Community Development Code

A Code for the 21st Century

Beta Version 1.2 Revised: 1-30-09

Sustainable Community Development Code Beta version 1.2 1

 Sustainable Community Development
Code Approach
The sustainable community development code framework is sustainable at its core,
multi-disciplinary in its approach, and contextually oriented. It fully encompasses
environmental, economic, and social equity. It is innovative and distinctive by linking
Because a community is, by definition, placed,
natural and man-made systems, incorporating useful features of other zoning systems,
its success cannot be divided from the success of its place....
for example, performance and form based, and responds to regional climate, ecology,
its soil, forests, grasslands, plants and animals, water, light, and air.
and culture.
The two economies, the natural and the human, support each other;
each is the other's hope of a durable and livable life. The basic organization and approach to each topic is to examine relevant obstacles,
incentives, and regulations. The first row of every topic identifies obstacles to
--Wendell Berry achieving stated goals that might be found in a zoning code, for example, bans on
solar panels as accessory uses. The second row suggests incentives that might be
created to achieve a goal, for example, increased density in a multi-family
development that installs green roofs. The third focuses on regulations that might be
adopted to ensure progress in a particular area, for example, mandatory water-
conserving landscape standards.
Each row is divided into five columns. The first three columns suggest levels of effort
for the three basic approaches noted above. For example, a good (bronze) level of
effort in removing obstacles to small-scale wind turbines might be removing height
limits on accessory structures in some residential districts. Up the scale, a silver level
might be to prohibit private covenants in subdivisions that do not allow small-scale
wind turbines. The highest level of effort (gold) could allow wind-turbines as a by-right
use in many zone districts subject to specific performance standards related to issues
such as noise. The fourth and fifth columns in each section provide key references
and code examples/citation with hyperlinks.

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 4.2.1. Complete Streets
Table of Contents 4.2.2. Bicycle Mobility Systems
4.2.3. Pedestrian Mobility Systems
The topics covered in the Sustainable Community Development Code are listed below.
4.2.4. Public Transit
Chapters currently available are highlighted in blue. New chapters will be available soon.
Other topics are under consideration. Background research monologues have been 4.3. Parking
prepared for many of these topics and are available online at www.law.du.edu/rmlui. Work
is continuing on individual sections. 5. COMMUNITY
5.1. Community Development (forthcoming)
1. ENVIRONMENTAL HEALTH AND NATURAL RESOURCES 5.2. Public Participation and Community Benefits
1.1. Climate Change
1.2. Low Impact Development and Green Infrastructure 6. HEALTHY NEIGHBORHOODS, HOUSING, FOOD SECURITY
1.3. Natural Resource Conservation/Sensitive Lands Protection (forthcoming) 6.1. Community Health and Safety
1.4. Water Conservation 6.2. Affordable Housing
1.5. Solid waste and recycling (forthcoming) 6.3. Housing Diversity and Accessibility
6.4. Food Production and Security
2. NATURAL HAZARDS
7. ENERGY
2.1. Floodplain Management (forthcoming)
2.2. Wildfires in the Wildland-Urban Interface 7.1. Renewable Energy: Wind (small- and large-scale)
2.3. Coastal Hazards 7.2. Renewable Energy: Solar (including solar access)
2.4. Steep Slopes (forthcoming) 7.3. Energy Efficiency and Conservation (forthcoming)

8. LIVABILITY
3. LAND USE AND COMMUNITY CHARACTER
8.1. Noise (forthcoming)
3.1. Character and Aesthetics (forthcoming)
8.2. Lighting (forthcoming)
3.2. Urban Form and Density (forthcoming)
8.3. Visual Elements
3.3. Historic Preservation (forthcoming)

4. MOBILITY & TRANSPORTATION

4.1. Transit Oriented Development
4.2. Mobility Systems

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Acknowledgements
OTHER CONTRIBUTORS (IN ALPHABETICAL ORDER)
A very special thank you to all of those individuals and organizations that have Eric Bergman, Tom Boone, Michael Buchenau, Lisa Buckley, Lisa Burke,
participated by freely giving their time and talent to this endeavor: Federico Cheever, Tom Clark, Jeffrey Conklin, Michelle DeLaria, Jeremy Klop,
Robin Kniech, Jim Lindberg, Jill Litt, Chuck Luna, David Mallory, Michael
PRIMARY AUTHORS & RESEARCH ASSISTANTS AND THEIR
McCormick, Carol McLennan, Heather McLeod, Chris Nevitt, Doug Plasencia,
CHAPTERS Peter Pollock, John Powers, David Riddle, Randall Rutsch, Fahiyre Sancar,
David Schaller, Ron Stimmel, Elizabeth Tallent, Ed Thomas, Jamie Thompson,
• Bill Collins, Bill Collins Associates: Visual Elements Bud Watson, Morey Wolfson.
• Lyndsey Crum, University of Denver Sturm College of Law: Parking
• Michelle Delaria, Denver Urban Drainage District: Low Impact
Development/Green Infrastructure
ORGANIZATIONS
• Chris Duerksen, Clarion Associates: Climate Change Association of State Floodplain Managers, AWARE Colorado, Bill Collins
• Erica Heller, Clarion Associates: Renewable Energy: Wind Power Associates, Colorado Office of Smart Growth, Denver Regional Council of
• Jeff Hirt, Clarion Associates: Community Health and Safety Governments, Denver Urban Gardens, Clarion Associates, PMC (California),
• Joe Holmes, RMLUI: Parking, Transit Oriented Development University of Denver Sturm College of Law, Colorado Center for Sustainable
• Amy Kacala, Clarion Associates: Water Conservation Urbanism (University of Colorado), Meza Construction, Civic Results, Douglas
• Leigh-Anne King, Clarion Associates: Housing Diversity and Accessibility, County, Fehr & Peers Transportation Consultants, City of Boulder, City of
Affordable Housing Aurora, Front Range Economic Strategy Center, National Trust for Historic
• Jeremy Klop, Fehr & Peers: Complete Streets
Preservation, University of Colorado School of Medicine, EDAW, Urban
• Molly Mowery, Clarion Associates: Natural Hazards: Wildfire
• Cynthia Peterson, AWARE Colorado: Low Impact Development/Green
Drainage & Flood Control District, Tri-County Health Department, Rocky
Infrastructure Mountain Land Use Institute, Denver City Council, Michael Baker
• Craig Richardson, Clarion Associates: Natural Hazards: Coastal Jr.(Massachusetts and Arizona), Lincoln Institute of Land Policy, Alliance for a
• Randall Rutsch, City of Boulder: Public Transit Sustainable Colorado, City of Boulder, US Environmental Protection Agency,
• Jamie Scubelek, Erasmus University: Pedestrian and Bicycling Systems Model Forest Policy Program (Maryland), Colorado Governor's Energy Office.
• Libby Tart-Schoenfelder, City of Aurora Planning Department: Transit
Oriented Development
• James Van Hemert, RMLUI: Food Production and Security, Public
Participation & Community Benefits
• Bob Watkins, City of Aurora Planning Department: Transit Oriented
Development
• Darcie White, Clarion Associates: Renewable Energy: Solar Access

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Climate Change and
Greenhouse Gas Reduction
Revised 1-28-09
INTRODUCTION
Global warming is being accepted as a fact of life in most quarters. Tangible evidence seems to be accumulating on an
almost daily basis—shorter winters, melting polar ice caps, rising sea levels, and deeper droughts. Greenhouse gasses
are increasingly linked to global warming and are seen as a primary culprit.
Greenhouse gases are made up of carbon dioxide, methane, and nitrous oxides. They contribute to global warming by
trapping radiation from the sun. The bulk of greenhouse gases emitted in the United States is associated with
transportation (e.g., cars) and energy generation and usage.

IMPLICATIONS OF NOT ADDRESSING THE ISSUE

If current low-density, “sprawl” development patterns in many communities continue and expand, the ability to reduce
VMTs in the future will be seriously hamstrung. Once development patterns are set, it is exceedingly difficult to affect
travel patterns and preferences. Low-density development makes cost-effective mass transit nearly impossible.
The same is true with preservation of mature trees that absorb huge quantities of greenhouse gases and sequester
them for many years. If mature trees are needlessly cut to accommodate new development rather than new
development being shaped to preserve these trees whenever possible, their destruction will actually release stored
greenhouse gases (through burning or rotting), and it will take decades to replace them with smaller trees that absorb
much less carbon dioxide in their early years.
Additionally, if communities do not take steps to accommodate and encourage alternative energy sources such as wind
and solar, development patterns may be set that prohibit retrofitting in the future.

THE ROLE OF LAND USE REGULATIONS IN CONTROLLING

GREENHOUSE GAS GENERATION
Land-use and zoning regulations can thus play an important role in helping to reduce greenhouse gas emissions
through:
 Encouraging development patterns that allow less reliance on autos for mobility and result in reduction in
vehicle miles traveled and corresponding greenhouse gas emissions
 Preserving existing trees that can sequester carbon dioxide and require the planting of new trees
 Promoting alternative energy generation such as solar and wind power that do not generate greenhouse
gases as do oil, gas, and coal-fired power plant

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CLIMATE CHANGE
KEY STATISTICS AND FACTS:
 Greenhouse gases include carbon dioxide, methane, and nitrous oxides.
 The United States, with 4% of the world’s population, emits almost 25% of global carbon dioxide each year—second only to China. Carbon emissions in the U.S. have increased about 20% since 1990
 In the U.S., each person’s direct emissions amount to 40% of this total—mostly from household energy and transportation. Total per person carbon emissions are about 16.5 metric tons (11.0 home; 5.00 auto; .5 air travel). 60% of transportation emissions
come from fueling and driving autos.
 The average mid-size car emits 9.500 pounds of carbon dioxide annually
 In the U.S., development is becoming more spread out--land consumed for development has increased at a rate of twice that of population growth between 1982 and 2002. During that period, per capita vehicle miles traveled (VMT) increased three times
population growth
 According to a study of 83 metro areas by Reid Ewing, residents in compact regions (Boston, Portland) drove about 25% less than those in sprawling regions (Atlanta, Raleigh)
 Residents in the most walkable neighborhoods drive 26 fewer miles per day than those in the most sprawling areas according to a report conducted in King County, Washington, by Larry Frank. A study for the City of Sacramento, CA, reported that a compact
growth scenario would result in a 25% reduction in VMT per house per day
 According to a study by Ewing, a doubling of development density can reduce VMTs by 5%. Other studies report a 5-15% reduction in VMT associated with mixed-use projects
 According to the Dept. of Energy, a 30-year old hardwood tree can sequester the equivalent of 136 pounds of carbon dioxide annually. About 70 such trees would offset the carbon dioxide emissions from one medium-size car
 Planting a hectare of riparian forest can over the next 100 years offset the carbon emissions caused by 54,000 gallons of gasoline
 Net carbon sequestration by forests, urban trees, and agriculture can offset 15% of total U.S. carbon dioxide emissions annually

CLIMATE CHANGE AND GREENHOUSE GAS REDUCTION

Achievement Levels (Note: higher levels generally incorporate or exceed actions of lower levels)
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Allow mixed-use development by  Allow larger recycling facilities in  Require all single-family  See .org for tools for protecting  Colorado Springs Mixed-Use
Obstacles right in selected zone districts appropriate industrial and developments to include trees and urban forests Development Manual,
 Permit solar and small wind commercial zone districts minimum % of accessory units  T. Litman, Parking Management ://www.springsgov.com/units/plann
0 turbines by right in selected zone  Reduce parking requirements for  Prohibit single-use Best Practices, American ing/Currentproj/CompPlan/MixedUs
districts (See Renewable Energy mixed-use developments/in developments/buildings in Planning Association. 2006 eDev/I.pdf
Section (solar access and wind mixed-use districts commercial zone districts  See Smart Code mixed-use  Santa Cruz, CA – accessory
power) of Code framework for  Tailor development standards (e.g., downtown) (transect) districts at dwelling unit program
citations) (e.g., landscaping, open space,  Prohibit urban level ://www.smartcodecentral.org/ ://www.ci.santa-
 Allow accessory units and parking) to encourage infill and development (e.g., more than cruz.ca.us/pl/hcd/ADU/adu.html.
 US Department of Energy
live/work units by right in mixed-use development (e.g., 1 residential unit/acre) outside See Housing Affordability Section
methodology for calculating
residential zone districts alternative open space such as defined urban service areas of Model Code for additional
carbon sequestration by trees:
plazas, community gardens, citations regarding accessory
 Allow live-work units in ://ftp.eia.doe.gov/pub/oiaf/1605/c
green roofs; reduced landscaped dwelling units
commercial and mixed-use drom/pdf/sequester.pdf
districts Permit small-scale buffers with enhanced  State of Oregon urban growth
recycling facilities in residential ornamental fencing) boundary regulations
zone districts  Reduce overly restrictive ://www.oregon.gov/LCD/ruraldev.s
height/setback requirements for html
small-scale wind turbines

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CLIMATE CHANGE

Achievement Levels (Note: higher levels generally incorporate or exceed actions of lower levels)
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Create  Offer density/height bonuses for  Reduce transportation impact  Encourage low-energy  Chesapeake Bay Program urban  Portland, OR, FAR bonuses for
Incentives green roofs fees for mixed-use and infill maintenance landscaping by tree canopy program ecoroofs (City zoning code 33.510:
 Give bonus points for green/cool projects to reflect lower traffic giving additional landscaping ://www.dnr.state.md.us/forests/p ://www.epa.gov/hiri/resources/pdf/
roofs in commercial design generation credit rograms/urban/urbantreecanopy EcoroofsandGreenCityStrategies.p
standard point systems  Create density bonus and goals.asp df
 Allow and encourage shared expedited processing incentives  For general information on 
parking arrangements for infill and mixed-use permeable pavement, see  Landscaping credit for preserving
Tree protection during developments ://www.epa.gov/owow/nps/pave existing trees:
 Give priority parking for vans,
construction
 Allow green roofs to qualify for ments.pdf and ://www.colleyville.com/files/Ch.%2
hybrid vehicles, and bicycles in
open space credits ://www.en.wikipedia.org/wiki/per 004%20Landscaping%20and%20B
parking standards
meable_paving uffering.pdf
 Give increased landscaping  Offer height increases, density
bonuses, and flexibility regarding ://www.ewgateway.org/pdffiles/libr
credit for preserving existing
non-conforming use regulations ary/wrc/TB-LandscapingRegs.pdf
trees
for projects that remove  Austin, Texas, Development Code:
impermeable surfaces from Subchapter E: Design Standards
existing developments or reduce and Mixed-Use, available online at
during redevelopment or use ://www.ci.austin.tx.us/development
permeable pavement /downloads/final.pdf

Enact  Require sidewalks in all  Require replacement of all trees  Require green roofs on all  University of Florida, A Guide To  Aspen/Pitkin County Renewable
Standards developments and connections removed during development on commercial and multifamily Selecting Existing Vegetation For Energy Mitigation Program.
with adjacent sites an inch/inch diameter basis or developments. A Low Energy Landscapes. ://www.aspencore.org/sitepages/pi
 Adopt historic preservation contribution to offsite tree fund  Require low-energy online. d31.php;
standards to protect existing  Enact minimum density/intensity landscaping.  American Planning Assn. PAS ://www.greenpowergovs.org/Solar
structures (and energy they standards to encourage compact Report 446, Tree Conservation 4aspencode.html
 Enact limitations on house size
represent) development Ordinances. Zoning Practice  Boulder, Colorado, Solar Access
 Adopt minimum reforestation
 Limit coniferous trees on  Adopt pedestrian connectivity July 2006, Tree Preservation. Regulations, available online at
requirements for sites without
southern sides of buildings in standards to reduce vehicle use  For a good discussion of a http://www.bouldercolorado.gov/file
vegetation.
northern climates to preserve carbon offset measurement s/PDS/codes/solrshad.pdf
 Enact solar access ordinance  Establish mandatory carbon
solar access (See Renewable Energy/solar methodology, see Forest  Maryland Forest Conservation
budgets/limits for new
 Require planting of deciduous access section.) Guardians Carbon Offfset Act/Regulations:
developments (emissions from
trees Program Description: ://www.dnr.state.md.us/forests/pro
 Require bicycle fleets for all added traffic, energy used in
://www.fguardians.org/support_d gramapps/newFCA.asp
 Adopt regulations to protect hotels, resorts construction materials, future
ocs/document_carbon-  Franklin, TN, connectivity 5.10.4)
larger trees  Limit number of garages allowed energy requirements) and
calculation-methodology_2- and tree protection regulations
 Require provision of bicycle on each residential lot (1-2 vs. 3- offsets/impact fees
07.pdf (5.3): ://www.franklin-
racks in all multifamily and 4)  Require minimum % of homes
 US EPA Personal Emissions gov.com/pdf/Franklin%20Zoning%
commercial developments  Limit impermeable surface areas in subdivisions to be oriented
Calculator: 20Ordinance-%20Effective%201-1-
and require use of permeable for passive solar access (on
://www.epa.gov/climatechange/e 08.pdf
pavement in appropriate areas an east/west axis) (See
missions/ind_calculator.html  Bicycle Level of Service Standards:
Renewable Energy/solar

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CLIMATE CHANGE
access section.)  U.S. Green Building Council, http://sf-now.com/sf-
 Require outdoor signage to be LEED for Neighborhood Rating bike/SFBC_LOS_Research.pdf;
turned off when business is System (See Green Construction Florida DOT:
closed and Technology chapter.), ://www.dot.state.fl.us/planning/syst
available online at ems/sm/los/pdfs/blos-art.pdf
 Require new developments to
be carbon neutral ://www.usgbc.org/DisplayPage.a  Fort Collins, CO, minimum density
spx?CMSPageID=222 requirements in medium-density
mixed-use zone district:
://www.ci.fort-
collins.co.us/cityclerk/codes.php

CLIMATE CHANGE ADAPTATION—FUTURE SECTION

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 example, excess nutrients, such as nitrogen and phosphorus, lead to algae blooms and a condition known as eutrophication,
which damages aquatic ecosystems. Metals and other toxic chemicals in polluted runoff negatively impact aquatic life and human
Low Impact Development/Green Infrastructure health. Finally, polluted runoff can introduce bacteria, viruses and other pathogens into local water bodies.
Revised 1-14-09
Without the application of innovative
INTRODUCTION approaches, communities will continue
On undeveloped land most precipitation filters through the soil recharging groundwater and providing base flow to nearby streams, to finance storm drainage infrastructure
ponds, wetlands, rivers and lakes. as well as capital improvement projects
to address waterway stabilization and
Land development adds impervious surfaces such as cement, asphalt, and roofing. The natural cycle is disturbed, and the amount water quality needs brought on by
of precipitation that is infiltrated decreases, while the runoff portion increases. This changes both water quantity and quality, with traditional, drainage-based
increased flood risk, pollutant loading, waterway scour and sedimentation. Low impact development (LID) and green infrastructure development. These approaches will
have emerged as techniques that can reduce the negative effects of traditional, drainage-based land development. increase financial pressures on local
governments, continue to degrade water
Low impact development (LID) is a holistic planning, design, and construction process that seeks to reduce runoff volume by quality and negatively impact the natural
infiltrating and absorbing small, frequent storms close to where runoff is generated. Green Infrastructure is a new term that is often functions of riparian corridors.
used interchangeably with LID. In fact, green infrastructure appears to be eclipsing LID and includes a broader goal of using
natural systems and functions to reduce runoff and manage stormwater.
Figure: Advanced Pavement Technology

GOALS FOR LOW IMPACT DEVELOPMENT/GREEN INFRASTRUCTURE

There are many techniques communities can use, either alone or in combination, to promote the adoption of LID or green
infrastructure approaches to land use and stormwater management. The choices made regarding these techniques are often a
reflection of the individual community’s needs and priorities.

The goal of LID and green infrastructure is to reduce the negative impacts of increased imperviousness on waterways, riparian
areas and overall water quality with the ultimate goal of having developed land function similar to undeveloped land. Communities
Fire lane Bioswale can advance this goal by:
 Removing regulatory obstacles to LID/green infrastructure design
Except as otherwise noted, all photos in this chapter are provided by Michelle DeLaria, Cynthia Peterson, Joe Chaplin  Providing incentives to encourage developments to use LID/green infrastructure design.
and Herman Feissner and Chuck Taylor. Contact Michelle DeLaria at [email protected] for photo use.  Providing opportunities for LID techniques in the public right of way.
 Providing regulatory guidance on LID/green infrastructure design.
Green infrastructure also includes a concept of scale, whereas LID is typically associated with small, decentralized BMPs. For  Requiring that land development design mimic pre-development hydrology.
example, green infrastructure on a large scale may be a constructed wetland that offers multiple stormwater, environmental and  Requiring that redevelopment incorporate LID/green infrastructure approaches to restore pre-development hydrology
social benefits. On a small scale, green infrastructure may include a bioswale or a permeable paver system to reduce runoff and to the maximum extent practicable.
provide a site amenity.
 Addressing offsite costs of drainage-based design.
Regardless of the term used or project scale, mimicking predevelopment hydrology to meet water quality and channel protection
goals using natural system functions (infiltration, absorption and evapo-transpiration) is the common objective. The best protection of our water quality, riparian corridors and waterways is the thoughtful use of land that promotes healthy
watersheds. The following code chart presents many options, from modest to aggressive, that may be used as a path to low
impact development and/or green infrastructure.
IMPLICATIONS OF NOT ADDRESSING THE ISSUE
The impacts of traditional approaches to stormwater management are present in almost every community. Scoured, downcut and
destabilized waterways are among the most visible results of added impervious area and drainage-based land development.

Furthermore, the strategy of collecting runoff in storm sewer systems and conveying it to the nearest stream or river as quickly as
possible only serves to create an “express route” for nonpoint source pollutants that can impair nearby water resources. For

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LOW IMPACT DEVELOPMENT/GREEN INFRASTRUCTURE

Key Statistics:
 Impervious area in the U.S. nearly covers an area the size of Ohio. 1
 Undeveloped land naturally absorbs small, frequent storms – for example, this is about the first inch of precipitation in the Denver Front Range. 2
 Undeveloped land in metro Denver, for example, has less than one runoff event a year; after development; there are 20-30 runoff events. 3
 The National Flood Insurance Program (NFIP) is in debt approximately $20 billion to the U.S. Treasury. 4
 In the St. Louis, Mo., area, more than $2.2 billion of new development has occurred on land that was underwater during the 1993 flood. 5
 A 1,000 square foot rooftop will contribute almost 350 gallons of runoff from only one inch of rain. 6
 Because of impervious surfaces, a typical city block generates over five times more runoff than a woodland area of the same size. 7
 Narrower streets can result in a five to 20% overall reduction in impervious area for a typical residential subdivision. 8
 Cluster development can reduce imperviousness by 10 percent to 50 percent compared to conventional subdivision layouts, reducing the rate and volume of runoff and the quantity of pollutants. 9
 Clean Water Services (an Oregon public utility) determined that car habitat (roads, parking lots, driveways) is 54% of the impervious area in suburban land development. 10
 Roads and driveways often comprise the greatest amount of impervious area in new development (Pennsylvania) - as much as 70% of the total impervious area. 11
 Boulder, Colorado’s municipal trees intercept 6 million cubic feet of stormwater annually, or 1,271 gallons per tree on average. The total value of this benefit to the city is $532,311, or $14.99 per tree. 12

ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove • Guidelines that could be
Obstacles
 Reduce parking:  Provide the same review timeframe  Provide engineering • National Association of Home Builders.
for LID design as drainage-based templates for infiltration and Municipal Guide to LID. Available adopted into local code: Urban
 Reduce minimum off street parking Drainage Criteria Manual
standards design absorption techniques when online. Retrieved January 15, 2009.
techniques are combined, Volume 3 – Four Step Process:
• Permit shared parking  Provide credit towards open space • AWARE Colorado, an initiative of the BMP Planning for New
dedication and set-aside such as grass buffers,
League of Women Voters of Colorado Development and
• Reduce minimum off-street parking if requirements for protection of bioswales, and permeable
Education Fund, provides information Redevelopment, section 1.2:
public transportation is available sensitive natural areas and wildlife pavement systems to community leaders statewide about Available online. Retrieved
Flush curb • Allow single sided parking on street habitat  Provide LID site development the impacts of land use on water January 15, 2009.
 Allow pervious materials for templates for residential, quality, and suggests strategies to
• Allow overnight parking in • Snohomish County Code, Low
sidewalks in accordance with commercial and industrial protect rivers, lakes and streams.
driveways and on-street in Impact Development, Section
Americans with Disabilities Act development Resources available online. Retrieved
developments that use shared 30.63C.010, go to page 550.
driveways and rear-loaded garages requirements  Base fees, charges and January 15, 2009.
• Colorado Association of Stormwater http://www.co.snohomish.wa.us/
 Establish street templates based on standards upon the true cost
 Permit or encourage flush curbs or wheel and Floodplain Managers. , Resources Documents/Departments/Council
actual access needs of emergency of drainage-based land
stops and sumped landscape islands in available online. Retrieved January 15, /county_code/CountyCodeTitle3
equipment development to the
parking lots 2009. 0.pdf
community
 Place stormwater design review early in  Reduce the size of conventional • Model Ordinances to Protect
stormwater infrastructure  Except in critical aquifer • ECONorthwest. The Economics of Low
Permeable paver parking lot the development review process Impact Development: A Literature Local Resources
requirements relative to the use and recharge areas, allow
 Enable joint department review of Review. Available online. Retrieved http://www.epa.gov/owow/nps/or
benefits of LID/Green Infrastructure porous/permeable pavement
development plans January 15, 2009. dinance/index.htm
options for right-of-way and
 Encourage property owners to adopt
 Allow alternative street designs that emergency access: fire lanes, • U.S. Environmental Protection Agency.
site-based LID/green infrastructure
reduce imperviousness but maintain shoulders and alley Reducing Stormwater Costs Through
practices, such as rain gardens, rain
emergency access barrels and other rainwater  Update development, LID Strategies and Practices. Available
 Allow alternative cul-de-sac designs that harvesting practices* building, and plumbing codes Online. Retrieved January 15, 2009.
reduce imperviousness but maintain  Allow LID/green infrastructure to allow reuse of stormwater • University of Nevada. Nonpoint
emergency access and full access for techniques off-site for infill and for non-potable purposes Education for Municipal Officials
pedestrians and cyclists redevelopment areas (NEMO). Available online. Retrieved
 January 15, 2009.

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 ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations

 Prohibit private covenants that prevent    University of Arizona. NEMO. 

the use of LID and/or water conservation Available online. Retrieved January 15,
landscaping 2009.
 Allow narrower sidewalks or sidewalks  City of Seattle. Street Edge
on one side of the street as appropriate Alternatives (SEA Streets) project:
 Provide predictability and transparency Available online. Retrieved January 15,
about which lands are more suitable for 2009.
development and which are a priority for  Puget Sound Partnership. Puget
preservation (see chapter on Sensitive Sound Regulatory Assistance Project:
Natural Lands) Available online. Retrieved January
Permeable paver street  Allow LID/Green Infrastructure facilities 15, 2009.
to count towards local open space set  National Association of Home Builders.
aside requirements Builders Guide to LID: Available online.
 Acknowledge trees as part of community Retrieved January 15, 2009.
infrastructure and develop a coordinated  U.S. Environmental Protection Agency.
design for locating public utilities to Fact Sheets & Reports,
provide enough space for mature tree Design/Guidance Manuals. Available
canopy and root development (see online. Retrieved January 15, 2009.
Structural Soil guidelines under
References)  Cornell University. Cornell Structural
Soil for Urban Trees. Available online.
Green Roof  Adopt streamlined permitting procedures Retrieved January 15, 2009.
for brownfield redevelopment plan review
 Urban Drainage and Flood Control
 Tailor standards for landscaping, District. Peak Flow Control for Full
buffering, parking, and open space areas Spectrum of Design Storms, detention
to avoid imposing suburban parking concept paper. Available online.
requirements in high-density infill areas Retrieved January 15, 2009.
 Stormwater Center. Better Site Design
Fact Sheet: Narrower Residential
Streets.
www.stormwatercenter.net/Assorted%
20Fact%20Sheets/Tool4_Site_Design/
narrow_streets.htm.
 Retrieved January 15, 2009.

Street bioswale
Photo: Seattle Public Utilities

Sustainable Community Development Code Beta version 1.2 11

 ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Create
Provide incentives such as eliminating or  Sponsor pilot demonstration projects  Provide cost sharing for  Mecklenburg County. Watershed -  City of Sammamish. Proposed
Incentives
reducing stormwater drainage fees, providing  Subsidize maintenance of LID/Green property owners to retrofit Urban Cost Share Program. Available LID Municipal Code
density credits, expediting case Infrastructure BMPs on private with runoff reduction online. Retrieved January 15, 2009. Amendments. Available online.
processing/approval time if the property to ensure functionality techniques  A Citizen’s Guide to Stormwater Retrieved January 15, 2009.
development/redevelopment incorporates one  Management in Maryland. Available
or more of the following:  Identify LEED point potential outside
online. Retrieved January 15, 2009.
of structures (stormwater volume
 LID and green infrastructure reduction, water quality, urban heat  US Green Building Council. LEED for
Shared driveway techniques island) and provide incentives for Neighborhood Development. Available
 Shared parking including LEED points in the site online. Retrieved January 15, 2009.
 Transit-oriented developments or design
mixed-use  Grant additional open space credit
 Narrow or shared driveways for off-site LID/green Infrastructure
that is improved/designed for public
 Cluster development recreational purposes and social
 Phased construction value
 Plans for reduced soil disturbance  Provide incentives, such as
and/or compaction increased Floor Area Ratios, for
 Retaining or amending topsoil green roofs that reflect
environmental, economic and social
 Surface swales and ditches instead benefits
of storm sewer
 Create formal program offering
 Retaining existing trees on site incentives to property owners who
Street bioswale
 Rear-loaded garages use pervious pavement elements
 Reduce stormwater management
facility requirements for
developments employing
comprehensive rainwater
harvesting*

Permeable pavers and bioswale

Sustainable Community Development Code Beta version 1.2 12

 ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact
Standards
 Require runoff reduction techniques  Integrate LID and “No Adverse  Require that new  Urban Drainage Flood Control District.  U.S. Army Corps of Engineers.
for new development and Impact” recommendations from development mimics pre- Urban Drainage Criteria Manual Site Design checklist. Available
redevelopment Association of State Floodplain development hydrology Volume 3 – Four Step Process: BMP online.
 Require and enforce riparian buffer Managers into the local development  Require and enforce riparian Planning for New Development and  Center for Watershed
strips that adequately protect riparian code buffer strips of at least 100 Redevelopment, section 1.2: Available Protection. Code and Ordinance
functions and values  Require and enforce riparian buffer feet that adequately protect online. Worksheet. . Available online.
 Integrate LEED requirements with strips of at least 50 feet that riparian functions and values  Association of State Floodplain  National Association of
Porous landscape detention
stormwater benefits in the building adequately protect riparian functions  Require no net runoff volume Managers. Resources available Homebuilders. Model Green
and land development code and values increase when variances for online. Home Building Guidelines.
 Integrate National Association of  Require redevelopment projects to extra parking are granted  Stormwater Center. Better Site Design http://www.nahbgreen.org/conte
Home Builders’ Model Green Home increase porosity and permeability  When technically feasible, Fact Sheet: Narrower Residential nt/pdf/nahb_guidelines.pdf
Building Guidelines in land  Require developers to conduct a require porous/permeable Streets.  National Association of
development code natural resource inventory prior to pavement options for right-of- www.stormwatercenter.net/Assorted% Homebuilders .Tree
site design way and emergency access: 20Fact%20Sheets/Tool4_Site_Design/ Preservation Ordinances .
 Evaluate actual parking needs for narrow_streets.htm
residential and commercial  Require that high quality topsoil be fire lanes, shoulders, alleys. Available online.
development and revise parking saved and replaced onsite or soil  Establish maximum parking  U.S. Environmental Protection Agency.  Stormwater Center. Model
Private road with standards accordingly must be augmented with organic limitations instead of, or in Residential LID Tools. Available Ordinances for Aquatic
detention under pavers materials addition to, minimum parking online. Resource Protection. Available
 Prohibit roof downspouts from
discharging to impervious surfaces  Prohibit excessive soil compaction requirements.  Nonpoint Education. Addressing online.
such as driveways by requiring laying mulch, chipped  Establish a system that Imperviousness in Plans, Site Design  Urban Design Tools: Low
wood, or plywood sheets before allows/requires payment-in- and Land Use Regulations. Available Impact Development http://lid-
 Require porous/pervious materials be online.
used in areas of parking lots that will construction equipment enters site lieu fees for off-site LID/green stormwater.net/
be used for snow storage  Require parking lot landscaping that Infrastructure .  Center for Watershed Protection Site  Southeast Metro Stormwater
promotes infiltration, such as porous  Require developers to meet Planning Model Development Authority: Criteria Manuals,
 Enact tree ordinances that protect Principles
landscape detention, swales, and at least 50% of their Templates, and Sample
existing trees and require new trees http://www.cwp.org/22_principles.htm
filter strips stormwater requirements with Drawings. Available online.
to be planted in such a way as to
develop/maintain healthy tree cover  Require pervious parking for the LID/green infrastructure  Guidelines for Developing and  Lacey, Washington. Zero
spaces constructed beyond the practices. Evaluating Tree Ordinances. Available Impact Development Ordinance.
 Require operations and maintenance online.
plan for LID and other stormwater average needs http://www.ci.lacey.wa.us/lmc/lm
Street bioretention
structures for new and  Require developers to meet at least c_main_page.html
redevelopment 25% of their stormwater  Natural Resources Defense
 Require developers to meet a requirements with LID/green Council. Stormwater Strategies:
specified percentage of their infrastructure practices. Community Responses to
stormwater requirements with  Adopt regulations to protect steep Runoff Pollution: Chapter 12:
LID/green infrastructure practices slopes, hillsides, and other sensitive Zero Impact Development
natural lands Ordinance
 Require any public trees removed or
http://www.nrdc.org/water/polluti
damaged during construction be  Adopt an impact fee that is used to
on/storm/chap12.asp
replaced on- or off-site with an purchase open space that assists in
equivalent amount of tree caliper stormwater management  Douglas County. Grading,
(e.g., remove a 24-diameter Erosion and Sediment control

tree/replace with 6 four-inch diameter Manual. Available online.
trees)



Sustainable Community Development Code Beta version 1.2 13

 ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations

 Differentiate between greenfield,  Require long-term maintenance   

brownfield and infill development in agreements that allow for public
local codes, ordinances, and policies inspections of the management
 Allow two-track driveways by practices and also account for
technical street/subdivision transfer of responsibility in leases
specifications and/or deed transfers
 Require all road/street projects to  Conduct regular inspections,
allocate a minimum amount of the prioritizing properties that pose the
total project cost to LID/green highest risk to water quality
infrastructure elements  Develop a plan approval and post-
 Adopt requirement that some construction verification process to
percentage of parking lots, alleys, or ensure that stormwater standards
roads in a development use pervious are being met, including enforceable
Permeable pavers with high albedo materials procedures for bringing
noncompliant projects into
 Require large developments to adopt compliance
transportation demand management
techniques to lower vehicle use and
parking demand

STRATEGIC SUCCESS FACTORS

Supportive planning policy and programs support and compliment regulations and are listed here as strategic success factors.
 Local government creates formal program offering incentives (e.g., cost sharing, reduction in street widths/parking requirements, assistance with maintenance) to property owners who utilize pervious pavement element
 Support or partner with land trusts to acquire critical natural areas
 Adopts funding mechanisms for remediation and redevelopment of brownfield sites.
 Establish a dedicated source of funding for open space acquisition and management
_________________________________________________________________________________________________________________________________________________________________________
End notes

1. Elvidge,C.D.,C. Milesi,J.B.Dietz,B. Tuttle,P.C.Sutton, R. Nemani and J.E. Vogelmann (2004), U.S. Constructed Area Approaches the Size of Ohio, EOS,Vol. 85, No. 24, 15 June 2004.
2. Full Spectrum Detention 2005-01-01 Concept Paper, James Wulliman and Ben Urbonas, 2005. http://udfcd.org/downloads/pdf/tech_papers/Full%20Spectrum%20Detention%202005-01-01%20Concept%20Paper.pdf
3. Urban Watershed Research Institute – Low Impact Development training class October, 2006, Ben Urbonas.
4. Association of State Floodplain Managers - National Flood Programs and Policies in Review, 2007 http://www.floods.org/Publications/NFPPR_2007.asp
5. http://www.wetlands-initiative.org/FloodDamageSummary.html
6. Protecting Our Waters: Subdivision Design, http://clean-water.uwex.edu/plan/subdivision.htm
7. EPA 841-F-03-003. Protecting Water Quality from Urban Runoff.
8. Better Site Design Fact Sheet: Narrower Residential Streets
9. Site Planning for Urban Stream Protection: Chapter 4 - Stream Protection Clusters
10. http://www.oeconline.org/rivers/stormwater/impacts
11. Pg 11: http://www.dep.state.pa.us/dep/subject/advcoun/Stormwater/Manual_DraftJan05/Section08-jan-rev.pdf
12. City Of Boulder, Colorado Municipal Tree Resource Analysis

*Rainwater harvesting techniques that impede the flow of gravity and capture water for use at some later time (including pumping or bucket dipping) are currently prohibited in Colorado without a water right. Low impact development techniques that mimic predevelopment hydrology though infiltration, absorption
(landscaping) or by not producing runoff in the first place (porous and permeable pavements), are legal.

Sustainable Community Development Code Beta version 1.2 14

 2. Preserve critical environmental areas such as wetlands, forests, and riparian corridors from encroachment
Wildlife Habitat and Biodiversity Protection by development
Revised 5-26-09 3. Conserve water thus reducing pressure to divert and dam rivers and streams, the most significant habitat in
many ecosystems
4. Remove exotic species, particularly plants, from development sites and prohibit their introduction
5. Reduce greenhouse gas emissions and thus reduce climate change and pressure on existing habitats and
species (See chapter on climate change for tools.)

INTRODUCTION
In the early 20th Century, the biggest threats to wildlife were over-hunting and over-fishing.
Mankind is still the biggest threat to wildlife, but the primary reason today is destruction of critical
habitat by development. One-third of all species in the United States are at serious risk. In fast
growing states like Florida, Texas, and California the threats to native ecosystems were rated as
extreme in one recent study. These problems have been exacerbated by global warming and
climate change that are putting added stress on wildlife.
Fortunately, and often because of the value of wildlife to their local economies, local governments The increased distance between habitat patches makes it less likely wildlife will be able to travel between
across the United States are taking action to preserve wildlife habitat and biodiversity. patches.
Source: USDA Natural Resources Conservation Service - Watershed Science Institute

IMPLICATIONS OF NOT ADDRESSING THE ISSUE

Environmental guru Lester Brown, in his sobering book Plan B, warns that if action is not taken
quickly and decisively, mankind will witness the sixth major species extinction event in history.
According to Brown, the first five were caused by natural disasters and climate change. This one
will be laid at the feet of humans, because it will result mainly from habitat destruction—from
forests to prairies, wildlife habitats are under threat as never before.
The result of that loss will be immeasurable not only in economic terms, but also in terms of man’s
quality of life and the character of our communities. As noted biologist Edmund O. Wilson has
observed, “Surely the rest of life matters.”

GOALS FOR WILDLIFE HABITAT AND BIODIVERSITY PROTECTION The fragmented landscape on the left in this illustration has 60% more edge than the unfragmented landscape on
the right. When habitat patches are fragmented, the linear feet of edge increase favoring species that prefer
Land use and zoning regulations can play an important role in helping to protect wildlife habitat in a number of ways. edge habitat and often increasing predation and parasitism that need core habitat species
These are incorporated into the primary goals for wildlife habitat and biodiversity protection. Source: USDA Natural Resources Conservation Service - Watershed Science Institute

 Removing regulatory obstacles to wildlife habitat and biodiversity protection

 Establish incentives to protect wildlife habitat
 Establish standards that accomplish the following:
1. Protect large contiguous blocks of wildlife habitat and open space and prevent fragmentation by
development.

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Sustainable Community Development Code
WILDLIFE HABITAT AND BIODIVERSITY PROTECTION
KEY STATISTICS:
Note to reader: citations forthcoming
 One-third of the best-known species of plants and animals are at risk and more than 200 species of U.S. fauna and flora are already extinct.
 27 ecosystem types have declined 98% or more since the European settlement of this country. Prairies, sagebrush steppes, and oak savannas are just a few that have been almost entirely wiped out.
 Significant declines have been document for almost 30% of North American bird species—most due to factors such as loss of wetlands and native grasslands as well as poor land use decisions.
 In 2001, U.S. residents spent about $108 billion on wildlife watching.
 A study of 17 conservation areas acquired under Florida’s Conservation and Recreation Lands, Preservation 2000, and Florida Forever program estimated their economic impact at $128 million in retail sales, 1,200 jobs, $21.7 million in
wages, and $7.2 million in state sales tax.
 Almost 50% of mainland U.S. residents participated in nature-based activities on their last vacation.
 A study in California in the 1990s calculated that wetlands provided up to $22.9 billion in value annually including water supply, water quality, recreation, and fishing-related jobs.
 According to the U.S. Fish and Wildlife Service, in 2006 nearly 60 million anglers generated over $45 billion in retail sales and created employment for 1 million people. Fishing is one of the most popular outdoor activities of lower-income citizens.
 A national bipartisan poll conducted in 2004 revealed that 65% of American voters would support modest tax increases to pay for programs to protect wildlife habitat, water quality, and neighborhood parks. Latino voters weighed in with 77% support. An earlier
similar survey by the National Assn. of Realtors found that more than 80% of voters support preserving farmland, natural areas, stream corridors and historic areas under pressure for development.

WILDLIFE HABITAT AND BIODIVERSITY PROTECTION

ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Allow cluster/conservation subdivisions in  Reduce sprawl and encourage infill  Restrict septic systems in rural  See Randall Arendt’s  For general agricultural
Obstacles urban/rural transition areas development by adopting tailored standards areas with significant wildlife Conservation Design For zoning references see the
 Identify preferential development sites; for parking, open space, and storm water habitat Subdivisions (1996) and Municipal Research and
rezone to allow development by-right management (see Climate Change chapter)  Adopt true rural zoning (1 unit/80 Rural By Design (1994). Services Center of
 Repeal small-lot (< 1unit/20 acres) residential acres+) in sensitive wildlife habitat Chicago: American Planning Washington. online.
 To reduce sprawl and protect open space,
or agricultural zone districts in sensitive rural areas Association. Retrieved May 26, 2009.
allow mixed-use development districts that
Rocky Mountain Arsenal habitat areas  Illustrative conservation  University of Wisconsin
allow denser development by-right  Ban planned unit developments in
National Wildlife Refuge designs by Foth and Van Extension provides the
 To avoid fragmentation of wildlife habitat,  To facilitate clustering on small lots in a rural jurisdictions in vicinity of
conservation subdivision, allow community sensitive natural areas Dyke. online. Retrieved May basic elements of a
remove subdivision requirements for
septic systems 21, 2009. conservation subdivision
individual lot access drives and allow shared  Require developers to provide
 Wells, Barbara (2002). ordinance. Available online
driveways adequate funding to undertake
Smart Growth At The here and . Retrieved May
wildlife habitat impact analysis for
Frontiier. Northeast-Midwest 21, 2009.
large projects
Institute. online. Retrieved  Summary ordinance
May 21, 2009. requirements for
 Daniels, Tom (1999). What to conservation subdivisions
Do About Rural Sprawl, in selected Wisconsin
(1999). Paper Presented at communities. online.
The American Planning Retrieved May 21, 2009.
Association Conference,  For a description of PUDs
Cluster subdivision protecting Seattle, WA with a pro/con scorecard,
woodland. Source: Foth & Van April 28, 1999. online. see the Center for Land
Dyke. Retrieved May 21, 2009. Use Education, Planned
 Duerksen, Chris and Snyder, Unit Development (2005).

Sustainable Community Development Code Beta version 1.2 16

Sustainable Community Development Code

WILDLIFE HABITAT AND BIODIVERSITY PROTECTION

Cara (2005). Nature-Friendly Available online. Retrieved
Communities. Washington: May 21, 2009.
Island Press. See case
studies of Baltimore County,
MD, and Dane County
(Madison), WI, for effective
growth management on the
urban/exurban interface.
 Barnes and Adams, A Guide
to Urban Habitat
Conservation Planning, offers
a good summary of issues to
consider for urban wildlife
habitat plans and ordinances.
online. Retrieved May 21,
2009.
Create  Offer density bonuses for provision of large  Adopt a development rights transfer program  Adopt a purchase of development  Pruetz, Rick (2003). Beyond  Farmland
Incentives blocks of contiguous open space to provide incentive for open space rights (PDR) program and support Takings and Givings. Arje development rights in
 Grant extra credit against subdivision and preservation with a significant or dedicated Press. Considered the Suffolk County, New
PUD open space requirements for active  Identify and map critical habitat sites where funding source (e.g., sales tax leading publication on YorkSuffolk County, NY.
wildlife management development is discouraged earmark) transferable development A description of one of
rights strategies and the nation’s first PDR
 Grant additional open space credit for
After being on the verge of ordinances. Description programs. online.
removal of exotic vegetation
extinction in 1967, the available online. Retrieved Retrieved May 27, 2009.
American bald eagle has May 21, 2009.
officially been taken off the  Skoloda, Jennifer (2002),
endangered species list today. Wildlife Habitat In A
Comprehensive Plan. Center
for Land Use Education.
Summary of how to integrate
wildlife habitat considerations
in a local comprehensive
plan. online. Retrieved May
21, 2009.
 For excellent overviews of
PDR programs, see Purchase
of Development Rights:
Conserving Western Lands,
Bird house in an area
Preserving Western
protected by a conservation
easement. Cherokee Ranch,
Livelihoods (2002). Western
Douglas County, CO Governors’ Assn. online.
Retrieved May 21, 2009.

Sustainable Community Development Code Beta version 1.2 17

Sustainable Community Development Code

WILDLIFE HABITAT AND BIODIVERSITY PROTECTION

Enact  Require a significant minimum percent open  Limit the size of planned unit developments in  Require new development to  Conservation Thresholds for  Mark Bobrowski and
Standards space set aside requirement in all rural zone districts or prohibit entirely offset any loss of critical habitat by Land-Use Planners (2003). Andrew Teizt, Model Land
subdivisions (e.g., 75% in rural areas).  Adopt true large-lot agricultural zoning (e.g., 1 requiring purchasing conservation Environmental Law Institute. Use Ordinance to Protect
Require wildlife habitat to be protected as part unit/80 acres rights or lands elsewhere A review and synthesis of the Natural Resources,
of any open space set aside  Create urban services boundary to basic conservation standards online. Retrieved May 26,
 Adopt water-conserving landscaping
 Adopt tree and vegetation protection restrict development outside of rely on in reviewing 2009.
standards
ordinances designated growth areas development proposals.  Florida Wildlife-Friendly
 Require the use of conservation subdivisions online. Retrieved May 26,
 Adopt wildlife-friendly fencing standards  Adapt comprehensive wildlife Toolbox is an on-line
in urban/rural transition areas with large 2009.
protection regulations (See resource containing sample
 Require use of native plants in landscaping minimum open space requirement
references to Summit County, CO,  Nolon John (2003). Open plans and ordinances
plans  Adopt development setbacks (e.g., 100 feet)
and Teton County, WY) Ground: Effective Local relating to conservation of
 Adopt fiscal impact analysis requirements for from all sensitive natural areas (wetlands, Strategies for Protecting wildlife habitat. online.
large developments riparian areas, critical wildlife areas) Natural Resources. Retrieved May 26, 2009.
 Require removal of exotic vegetation on Washington: Island Press.  Summit County, Colorado,
Pronghorn Antelope Migration development sites Provides a comprehensive Wildlife Habitat Overlay
Preservation. Source: Wildlife look at local land preservation
 Adopt open space impact fees District. online. Retrieved
Conservation Society strategies and tools.
 Ban domestic pets in developments near May 26, 2009.
sensitive wildlife habitat Information online.
Retrieved May 26, 2009.  Salt Lake City Riparian
Habitat Protection
 Development and Dollars: An Ordinance (urban habitat
Introduction To Fiscal Impact protection). online.
Analysis in Land Use Retrieved May 26, 2009.
Planning. Natural Resources
Defense Council. online.  Tucson, AZ, water
Retrieved May 26, 2009. conservation ordinances.
online. Retrieved May 26,
 Duerksen, et al, Habitat 2009.
Protection Planning: Where
The Wild Things Are. PAS  Natural, Scenic,
Polar Bear. Recently listed as
Report 470/471. American Agricultural and Tourism
a threatened species due to
global warming. Planning Assn. (1997). Resources Protection.
online. Retrieved May 26, Teton County, (Wyoming).
2009. Land Development
Regulations, (Article III). .
 Duerksen, Chris and Snyder, online. Retrieved May 27,
Cara (2005). Nature-Friendly 2009.
Communities. Washington:
Island Press.) See case  Progressive habitat
studies Teton County, WY, protection ordinances
and Sanibel, FL , for addressing environmental
progressive habitat protection performance standards,
ordinances interior wetlands
conservation district, beach
 For a discussion of tree and sand dune system.
conservation ordinances, see Sanibel (Florida) Code
Model Tree Protection (Articles XIII, IX, VII).
Ordinance. Scenic America. online. Retrieved May 27,
online. Retrieved May 26, 2009.
2009.

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Sustainable Community Development Code

WILDLIFE HABITAT AND BIODIVERSITY PROTECTION

 Strategies for Managing the
Effects of Climate Change on
Wildlife and Ecosystems. The
Heinz Center. online.
Retrieved May 26, 2009.
 McElfish, James (2004).
Nature-Friendly Ordinances
Environmental Law Institute.

STRATEGIC SUCCESS FACTORS

Regulatory tools must be grounded in solid comprehensive policy planning and accompanied by competent administration and supportive programs.

PLANNING POLICY
 Identify high-priority resource protection areas in local plans and undertake specific area plans to protect.
 Coordinate local government capital improvement plans to avoid extending infrastructure into or near critical wildlife habitat

PROGRAMS & ADMINISTRATION

 Counties provide financial assistance for their towns to plan/revitalize local business districts—helps reduce rural commercial sprawl.
 Coordinate parks and open space planning with wildlife habitat protection. Identify key habitats to acquire and protect
 Add resource biologist/planner to staff to provide thorough review of wildlife impacts of projects.
 Provide funds for local land trusts to assist in open space protection

Sustainable Community Development Code Beta version 1.2 19

Water Conservation
Revised 1-29-09

INTRODUCTION
Worsening drought, population growth, and record wildfire seasons in recent years have called sharp attention to the
need to make more efficient use of our water supply. While states and communities in the arid Southwest have
understandably led the charge in improving municipal water efficiency through regulations, even cities on the water-rich
Great Lakes like Chicago have found themselves exceeding their water allowances and developing efficiency
strategies. 1 For municipal water providers, water availability is a three-part equation of water supply (surface and
ground plus storage), water treatment capacity, and water distribution capacity. Each part of the equation poses costs
and challenges to communities in the form of acquiring adequate water rights and investing and maintaining the
treatment and distribution infrastructure. In the next 20 years, the US will add approximately 53 million more people and
will have to rise to the challenge of meeting their drinking, bathing, irrigation, and commercial processing needs with a
finite supply of fresh water. have to improve their performance sooner or later. However, the implications for waiting are costly. Communities that
have embraced water conservation measures have enjoyed significant reductions in overall water consumption for both
This section reviews a range of tools from managing peaks in demand to recycling gray water for irrigation. Models are residential and non-residential development.
drawn from a variety of communities across the US including Arizona, California, Minnesota, Florida, and
Massachusetts as well as organizations such as US Green Building Council’s Leadership in Energy and Environmental Southwestern communities, whose long relationship with water conservation measures has allowed for analysis, have
Design (LEED) program and the National Association of Home Builders (NAHB) Model Green Home Building enjoyed marked improvements since implementing conservation ordinances. From 1994-2005 Albuquerque, NM,
Guidelines. The regulations are divided into the following ordinance categories: decreased system-wide per capita use from 250 gallons per day to 173g/d while Tucson, AZ, reduced consumption
from 169 g/d to 156 g/d. Improvements can also be more immediate. In only three years, the Las Vegas Valley brought
 Efficient Landscaping their per capita consumption down from 283 g/d to 256 g/d. Reducing demand on the water supply system helps to
 Water Use/Waste extend the life of existing infrastructure, eliminate or prolong the need for system capacity upgrades for treatment,
 Water Harvesting distribution, and storage, and enhances a community’s ability to deal with a drought.
 Greywater Recycling
GOALS FOR WATER CONSERVATION
It is worth noting that the vast majority of communities with water conservation ordinances in place couple those The primary goals of the tools discussed in this section are to:
regulatory tools with a variety of educational materials and financial incentives to promote additional efficiency.  Reduce community per capita water use while retaining attractive landscapes
Education campaigns target everything from everyday options for reducing waste to introducing new technologies or
 Enable communities to meet future needs of their growing populations
practices such as rain gardens or rainwater harvesting. Incentives are often in the form of rebates that facilitate
efficiency updates to existing buildings such as rebates for installing water efficient appliances, toilets, faucet aerators,  Protect ground and surface water supplies from unsustainable depletion
and shower heads as well as in the landscape through such means as turf removal credits and free or discounted rain  Eliminate unnecessary waste in water use practices
sensors for irrigation systems. These programs help promote the adoption of new technologies and practices and help  Reduce wastewater treatment volume and associated municipal expenditures; and
improve efficiency of existing development not impacted by many of the regulatory tools. Any community interested in  Promote the increased use of harvested and recycled water for irrigation needs
improving water efficiency should consider education and incentive tools in conjunction with regulations as part of their
overall strategy.
Special Note :Not all provisions suggested are legal in all states. Colorado law restricts re-use generally for tributary
IMPLICATIONS OF NOT ADDRESSING THE ISSUE waters-meaning no harvesting barrels
Failing to establish water conservation provisions at the local level can have significant impacts on the future growth,
economy, and food supply of a community. Water is essential to life and as such one can argue that communities will

1 City of Chicago, Chicago’s Water Agenda, 2003, Mayor Richard M. Daley

Sustainable Community Development Code Beta version 1.2 20

DRAFT Sustainable Community Development Code Framework

WATER CONSERVATION
KEY STATISTICS:
 The population of the US is anticipated to increase to 250 million people by 2040
 Ninety percent of all drinking water in the US is pumped from groundwater supplies and most communities have witnessed falling water tables. Water use is exceeding the recharge rate
 Global warming forecasts foresee steadily increasing temperatures worldwide, with more extreme storms, increased drought in some locations and increased flooding in others
 Landscape irrigation accounts for approximately 51 percent of all domestic water consumption in the U.S.
 There is a high level of variability in per capita water consumption between municipalities in comparable climatic zones (e.g., in 2005 the average single-family residential water consumption in Tucson, AZ, was 114 gallons per capita per day compared to
174 in Las Vegas, NV) indicating the potential for more efficient consumption patterns


WATER USE AND WASTE

Achievement Levels
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Identify limiting ordinances (e.g.,  Allow attractive hardscaping  Override private covenants and  Wisconsin Department of  Las Vegas Valley communities
Obstacles CC & Rs) that require the use of alternatives to landscaping restrictions that require turf grass Natural Resources, Rain served by Southern Nevada Water
turf in lawns and common areas requirements (e.g., ornamental or limit water-conserving Gardens: A how-to Authority including Boulder City,
and craft exceptions to the limiting gravel, mulch) landscaping manual for homeowners Henderson, North Las Vegas, Clark
ordinances (2003) County, Las Vegas (multiple
 Permit rain gardens, drainage ordinances)
swales, and similar facilities by  Tucson, AZ (Water Waste and
right Tampering Ordinance – Ordinance
Create More information on rain 6096, Plumbing Codes – Ordinance
 Grant extra landscaping credit  Accelerate permitting for  Give extra landscaping credit for 
Incentives for rain gardens protection of native plants on site gardens and sample 7178, Emergency Water
developments meeting LEED-ND
water conservation standards garden plans available Conservation – Ordinance 8461),
 Give bonus points in design available online at
review systems for water online at
http://www.ci.tucson.az.us/water/ordi
conservation and water http://www.raingardens.or
g/Index.php nances.htm
harvesting
 U.S. Green Building Council, LEED
Enact  Include optional low-water  Require all new commercial and  Require use of on-site or  Albuquerque, NM enjoyed for Neighborhood Rating System
Standards landscaping or plant list as multi-family development to use municipal recycled /harvested a 35% decrease in single- (See reduced water use credits,
part of landscaping code Xeriscape (drought tolerant) water for non-potable uses family residential daily per p.101.), available online at
principles and low-water plants capita water consumption ://www.usgbc.org/ShowFile.aspx?Do
from established plant list in after adopting water- cumentID=2845
landscaping efficient landscaping
provisions

Sustainable Community Development Code Beta version 1.2 21

DRAFT Sustainable Community Development Code Framework

WATER CONSERVATION
WATER USE
Achievement Levels
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Update building code to be in full     Las Vegas Valley communities
Obstacles compliance with the US Energy served by Southern Nevada Water
Policy Act of 1992 (EPAct) Authority including Boulder City,
Create Western Resource Henderson, North Las Vegas, Clark
 Allow increased density in   Large Customer Mandatory 
Incentives exchange for reduced water use in Water Conservation Plan – Advocates, Water in the County, Las Vegas (multiple
ordinances)
multi-family developments require large water users (e.g., Urban Southwest (2006)
those consuming more than  Santa Monica, CA (No Water Waste
50,000 gpd) to submit a long- Ordinance), available online at
range water conservation plan http://www.smgov.net/EPD/residents/
that addressed both indoor Water/waste_ordinance.htm
and outdoor water use.  San Francisco, CA (Residential
Clearly define enforcement Water Conservation Ordinance) ,
methods and associated available online at
penalties in the ordinance http://www.sfgov.org/site/uploadedfile
 s/dbi/Key_Information/19_ResidEner
Enact gyConsBk1107v5.pdf
 Prohibit landscape watering  Regulate days of the week  Regulate water-wasting 
Standards between 11 am and 7 pm during watering is allowed (e.g., outdoor activities such as  Austin, TX, Water Use Management
hot and dry months (as defined by alternate days by even v. odd hosing down pavement, Ordinance, available online at
local temperature and precipitation street numbers) buildings, or equipment unless ://www.ci.austin.tx.us/watercon/water
patterns) runoff is returned directly to a ordinance.htm
 Restrict watering on steep
slopes stormwater drain  Flagstaff, AZ
 Regulate wasteful residential ://www.flagstaff.az.gov/index.asp?nid
 Require installation of water =104
meters on all new construction irrigation practices such as
or rehabilitation misdirected spray heads,  Shrewsbury, MA
runoff into driveway or http://www.shrewsbury-
adjacent lots, and broken or ma.gov/sewerwater/publicnotice.asp#
leaking sprinklers conservation
 Require all new and renovated
car washes to install water
recycling systems

Sustainable Community Development Code Beta version 1.2 22

DRAFT Sustainable Community Development Code Framework

WATER CONSERVATION
WATER CONSERVATION: REDUCE DEMAND ON WATER TREATMENT AND DELIVERY SYSTEMS*
Rainwater Harvesting and Achievement Levels
Greywater Recycling Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Identify limiting regulations and  Allow above- and below-  Allow water storage tanks as a  Tucson Water, Water Harvesting  (FL) Palm Beach County
Obstacles private covenants (e.g., ground water storage tanks by-right accessory use except in Guidance Manual (2005) Reclaimed Water Ordinance
homeowner association CC & Rs) as a conditional use except special districts (e.g., historic  Texas Water Development Board, The (Ord. No. 97-12, § 1, 5-20-97)
and craft exceptions that include in special districts (e.g., districts) or locations where Texas Manual on Rainwater available online at
rainwater harvesting tanks historic districts) or locations water rights law prohibits on-site Harvesting (2005) http://www.municode.com/resou
 Where state water law allows, where water law prohibits retention of rainwater rces/gateway.asp?sid=9&pid=1
 Lighthouse, BC Green Building Code
repeal any ban on the ability of on-site retention of rainwater  0323
Background Research: Greywater
development to have on-site  Recycling (2007)
rainwater harvesting systems
 ://www.housing.gov.bc.ca/building/gre
 Work with legislators to update en/Lighthouse%20Research%20on%2
state law where current regulations 0Greywater%20Recycling%20Oct%20
completely or effectively prohibit 22%2007%20_2_.pdf
greywater recycling. Arizona is
 Arizona State law on greywater
commonly regarded as the best
recycling with further analysis and
example of statewide legislation for
state-by-state comparative discussion
greywater recycling
available online at
 ://www.oasisdesign.net/greywater/law/
index.htm#arizona
Create  Reduce/eliminate permit fees for  Offer credits to residential and  
Incentives installation of water storage tanks commercial developments that
 Revise plumbing and building code install water harvesting systems
requirements to allow for greywater  Eliminate permit requirement for
recycling systems greywater recycling systems for
small residential systems
Enact  Create specific screening  Require the installation of  Require specified percentage of  Florida currently has a water 
Standards requirements to apply to this use recycled water distribution irrigation water in a development recycling capacity of 1.1 billion
appropriate to the use context infrastructure in all new to come from grey water or gallons/day, over half of its total
 Local jurisdictions can further refine development so recycled harvested rainwater wastewater treatment capacity
the list of system size and design water use is an option for  Require greywater recycling  Florida Department of
requirements for different capacity irrigation systems. Environmental Protection, Florida
systems and associated standards  Require development design Water Conservation Initiative
above those established in to include water harvesting (2002)
applicable state law for landscape irrigation

Sustainable Community Development Code Beta version 1.2 23

Wildfire Hazard in the Wildland-Urban Interface
Revised 1-28-09

INTRODUCTION
Wildfire is a natural hazard that occurs throughout a variety of regions in the United States. Wildfire severity and
frequency may depend on a host of factors, not limited to a region’s topography, fire history, forest management
practices, weather patterns and fuel type. Many ecosystems—including southwestern California chaparral, Midwest
tallgrass prairie, and various pine stands of the Southwest, Rocky Mountains and Southeast—depend on fire for natural
biological functions. 1 In addition to ecosystem benefits, however, wildfire acts as a risk to communities by jeopardizing
personal safety and property, threatening watersheds, crippling infrastructure, prompting erosion and landslides,
temporarily displacing residents, impacting recreation and tourism opportunities, and leading to other destructive Other challenges in reducing wildfire risk include varying perceptions of risk. A good deal of research indicates that
outcomes. These economic, ecologic, and social risks can be exacerbated through land use and development homeowners often underestimate their individual risk to wildfire. 4 This can lead to resistance to regulations on private
decisions that allow increased growth in areas prone to wildfire—the area known as the wildland-urban interface, or property or decisions to live in areas that are prone to recurring wildfires. Additionally, a lack of financial resources for
WUI. performing mitigation such as tree thinning or roof replacements, may inhibit well-intentioned homeowners.
It is common for many communities to perform wildfire mitigation in the WUI. These techniques, such as thinning trees
on private and public lands, maintaining forest health through appropriate management, and requiring non-flammable GOALS FOR REDUCING WILDFIRE RISK IN THE WUI
building materials, will reduce wildfire risk to existing and future homes and residents in the WUI. Such programs should There is no one approach that will satisfy wildfire risk for every community. It is important that planners and decision
not, however, overshadow a broader discussion on the consequences of allowing continued growth in fire prone areas. makers consider wildfire hazard from multiple angles that mitigate risks and keep people out of harm’s way. Further, a
Fire suppression costs consume more than $1 billion from the federal budget on an annual basis, most of which is blend of voluntary, education, and regulatory measures are best implemented when a variety of stakeholders, including
devoted to putting out fires in the WUI. 2 Given the predicted increase in wildfire severity and occurrence due to climate homeowners, fire fighters, planners, foresters, engineers, and developers, are involved.
change, municipalities would be prudent to consider fire suppression costs as part of their long-term sustainability goals.
The primary goals of this chapter are to:
Growth management decisions that steer development away from high and extreme fire hazard areas will ultimately
give communities an economic advantage.  Help the reader understand that wildfire threat is present in many regions throughout the United States;
 Underscore how economic, social, and ecologic impacts of wildfire are further exacerbated by continued
THE ROLE OF REGULATION uncontrolled growth in the WUI
Regulations for subdivision access, driveway and turnaround dimensions, structural requirements, and defensible  Provide examples of regulatory approaches and enforceable mitigation techniques that reduce wildfire risk
space 3 around a home are typically contained within a community’s zoning and building code or in a separate wildfire to people and property; and
hazard ordinance. These regulations apply to new development, and may be adjusted according to a parcel’s hazard  Show that limiting the extent of the WUI through growth management restrictions can dramatically
ranking. Most communities also require that remodels and additions (e.g. decks, sheds, etc.) comply with wildfire decrease risk exposure and economic loss brought on by wildfires
mitigation requirements.
It is difficult, however, to address those homes that existed prior to adopted regulations. In this case, community
leaders must rely on voluntary measures and education in order for mitigation to occur. Since the Healthy Forest
Restoration Act (2003), many communities have written Community Wildfire Protection Plans. These are
comprehensive approaches to guide decision makers, homeowners, and fire officials in designing better approaches
toward mitigating wildfire risks. Other voluntary programs, such as the Firewise Communities program, go a long way in
helping communities understand and address wildfire risk.

Image sources: (from left to right) http://www.maj.com/gallery/the-girl-next-door/pictures/Other/wildfire_2007.jpg;

http://www.healthline.com/blogs/outdoor_health/uploaded_images/wildfire-702922.jpg; http://oregonstate.edu/dept/ncs/photos/wildfire.jpg
1 National Interagency Fire Center: Communicator’s Guide to Wildland Fire (web resource: http://www.nifc.gov/preved/comm_guide/wildfire/fire_6.html. Accessed April 10, 2008).
2 Headwaters Economics, 2007 (web resource: http://headwaterseconomics.org/index.php)
3 Defensible Space is the designated area surrounding a building or buildings that will be subject to fuel modification measures intended to reduce fire-spread potential between the structure and adjacent 4 Steelman, Toddi. 2006. Addressing the Mitigation Paradox at the Community Level. In Wildfire Risk: Human Perceptions and Management Implications, edited by W. E. Martin, C. Raish, and B. Kent,
vegetation. Washington DC: RFF Press, 64-80.

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DRAFT Sustainable Community Development Code Framework
NATURAL HAZARDS/WILDFIRE
KEY STATISTICS:
 Only 14% of forested western private land adjacent to public land is currently developed for residential use. Based on current growth trends, there is tremendous potential for future development on the remaining 86% 5
 During five of the last eight years, the Forest Services' wildfire suppression expenditures have topped $1 billion, and total federal wildland suppression expenditures have been more than $1.4 billion 6
 A recent study by the Office of Inspector General found that the bulk of US Forest Service (USFS) fire suppression costs were spent on the protection of private property built in the WUI 7
 Two factors that are the primary determinants of a home’s ability to survive wildfire are the home’s roofing material and the quality of the “defensible space” surrounding it 8
 Climate change calculations show that the wildfire season in the western United States during the past 30 years has expanded by 78 days. Substantial fires—those that burn more than 1,000 hectares—have gone from burning an
average of nearly 8 days to burning for 37 days. Between 1987 and 2003, fires burned nearly seven times the area of western–U.S. forests as they did from 1970 to 1986 9

WILDFIRE IN THE WILDLAND-URBAN INTERFACE (WUI)

Achievement Levels
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Eliminate or reduce code  Decrease allowable  Eliminate residential uses  A risk that communities can face is  Requiring that clearing and mitigation techniques be done
Obstacles barriers that prohibit densities in fire-prone areas in the WUI related to absentee homeowners who on a subdivision-wide scale and incorporated into the
residents from tree removal  Hold homeowners purchased lots and have not yet overall design rather than lot by lot ensures that landscape
– a necessary action to thin responsible for wildfires developed their property, and/or have scale mitigation captures areas around subdivisions and in
property and create started on their private allowed hazardous fuels to accrue. It is open space areas are treated in addition to simply around
defensible space property and escaping to important to address these fire risks, individual buildings. (Douglas County, CO:
 Modify or override private surrounding forests especially in consideration of http://www.douglas.co.us/community/planning/documents/ZR-
surrounding neighbor who have Section17.pdf)
community covenants
(HOAs, CC&Rs) that require performed mitigation measures  Australia promotes a different model of bushfire (i.e. wildfire)
fire-prone materials such as  In order to overcome differences prevention and suppression than the United States by
wooden siding or roofs between fire fighter street width emphasizing personal risk and responsibility (“If you own the
standards and new urbanist design fuel you own the fire”) and encouraging a shelter-in-place
approaches, the state of Oregon system where residents who are adequately protected can
convened a stakeholder group to stay in place during a wildfire. Australia’s Rural Fires Act
identify with a set of statewide design (New South Wales) gives the rural fire service the power to
guidelines that would satisfy both safety order removal of hazardous fuels across both public and
issues and retain community design private lands; homeowners can be fined if they fail to
goals: Neighborhood Street Design perform hazardous fuel reduction
Guidelines http://www.austlii.edu.au/au/legis/nsw/consol_act/rfa199713
http://www.oregon.gov/LCD/docs/public 8/
ations/neighstreet.pdf

5 Headwaters Economics; URL: http://headwaterseconomics.org/index.php (2007)

6 Gebert, Krista. “Wild fire suppression costs.” Posted September 22, 2007. URL: Montana Business Quarterly. http://www.allbusiness.com/government/government-bodies-offices-regional-local/5514677-1.html
7 OIG (Office of Inspector General). 2006. Audit Report: Forest Service large fire suppression costs. Report No. 08601-44-SF
8 Colorado State University Extension; URL: http://www.ext.colostate.edu/Pubs/natres/06302.html (2007)
9 Milius, Susan. Wildfire, Walleyes and Wine. Week of June 16, 2007; Science News Online. Vol. 171, No. 24 , p. 378 URL: http://www.sciencenews.org/articles/20070616/toc.asp

Sustainable Community Development Code Beta version 1.2 25

DRAFT Sustainable Community Development Code Framework

NATURAL HAZARDS/WILDFIRE
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Create  Coordinate water access  Allow community cisterns in  Link the site plan review  Creating greater links between the  Subdivision layout and wildfire mitigation is more effective when
Incentives among firefighters, lieu of individual cisterns and approval process with comprehensive planning process and tied to the applicant approval process. This ensures that the
engineers, and wildfire where lots do not allow easy wildfire mitigation plans by regulations will ensure implementation work will get done prior to residents moving in. Standard
mitigation plan requirements access or include placement tying final approval with of wildfire mitigation and protection language includes: “Prior to obtaining a permit for construction,
for the placement and of dry hydrants that allow the certificate of goals. Alachua County, Florida’s the builder must comply with the Vegetation Management Plan
regulation of cisterns and communities to avoid costly occupancy and/or building Comprehensive Plan (adopted 2005) requirements for defensible space within 30 feet of the structure
other water storage tanks infrastructure improvements permits added a section in their plan to address (Zones 1 and 2). Implementation of defensible space standards
 Offer vegetation  Provide a density bonus for  Tie insurance programs Wildfire Mitigation LDRs and as of from 30 to 150 feet of the structure (zone 3), are required prior to
management plan cluster developments if lots with wildfire mitigation February 2008 incorporated this the issuance of an Occupancy Permit.
assistance preparation to located outside fire-prone plans language into their LDRs (Prescott,Arizona:http://www.cityofprescott.net/_d/veg_mgt_revie
homeowners areas  Rick Pruetz, FAICP, has prepared TDR w.pdf) Non-compliance with the WUI Code results in a hold on
 Adopt a TDR system that the construction permitting process
transfers development studies and ordinances for communities
rights out of fire-prone throughout the US. His book Beyond  Insurance companies are using Prescott Fire Department’s
areas Takings and Givings features TDR inspection reports for individual homes to evaluate wildfire risks;
examples and explanations: the level of risk determined may affect insurance rates and
 Provide an ad valorem tax http://www.beyondtakingsandgivings.com/b availability. Homeowners are given two years to comply with the
incentive for wildfire eyond.htm risk reduction recommendations
mitigation
 Firewise Communities program helps  The State of Florida’s Model Wildfire Mitigation Ordinance
communities address wildfire risk by requires local governments to grant a one-time ad valorem tax
educating homeowners and decision exemption to all improvements to real property made by or for
makers about issues such as the purpose of wildfire mitigation and completed in accordance
emergency vehicle access, structure with the wildfire mitigation plan
design, and fuels build-up, to reduce
fire hazard risk to people and
structures. Firewise also brings
together a variety of stakeholders to
ensure implementation and long term
success of mitigation efforts:
http://www.firewise.org
 Community Wildfire Protection Plans
(CWPPs) are a mechanism for
communities to receive grant money for
mitigation projects. CWPPs must follow
specific criteria in accordance with the
Healthy Forest Restoration Act (2003):
http://www.healthyforest.info/cwpp/

Sustainable Community Development Code Beta version 1.2 26

DRAFT Sustainable Community Development Code Framework

NATURAL HAZARDS/WILDFIRE
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact  Ban wood-shake or cedar  Adoption of a local or county  Address seasonal home  The American Planning Association  On January 1, 2008 California adopted a new Fire Hazard Risk
Standards shingle roofs level wildfire hazard overlay ownership and vegetation PAS Report Planning for Wildfires Map for the State Responsibility Areas (SRA) and new building
 Require defensible space zone to identify high risk maintenance by requiring (Schwab and Meck, 2005) highlights codes designed to make buildings located in Fire Hazard
around new homes located areas fuel management progressive WUI guidelines, Severity Zones (FHSZ) fire-resistant. Ignition resistant standards
in high risk areas  Require defensible space on  Restrict or prohibit ordinances, regulations, and provides for homes and businesses include: Decks enclosed with ignition
remodels and additions (in development in high- an example Fire Danger Rating System resistant material to within six inches of the ground; eaves
 Require fire-resistant and Fire Hazard Severity Form protected on the exposed side with ignition resistant material;
materials roofing, building addition to new structures) hazard fire areas
 The USDA provides a national roof built to Class A fire resistant standards in state responsibility
materials  Prohibit development on  Add wildfire suppression areas and in very high Fire Hazard Severity Zones in local
steep slope areas (30%+) capital costs database of state and local wildfire
 Require multiple hazard mitigation programs, including responsibility areas; all under-floor areas enclosed; dual-paned
access/evacuation routes for where safe fire-fighting (e.g.equipment) to fire tempered glass for all exterior windows; ignition-resistant
access is difficult impact fees regulatory, community, education,
fire-prone subdivisions insurance, and other planning materials for exterior doors; all exterior vents designed to
 Require provision of on-site  Require sprinkler systems or  Require development approaches toward nonfederal policies prevent ember intrusion
water storage for adequate added water resources for agreements for major www.wildfireprograms.usda.gov  The Santa Barbara Fire Department Ordinance #5257, High Fire
fire fighting capacity homes over a certain size to subdivisions that provide Hazard Area Requirements, establishes minimum brush
ensure availability for fire for local recoupment of  The National Fire Protection
 Require fire-resistant Association has issued NFPA 299: clearance standards for properties located within the City's high
fighting; equip passive water fire-fighting expenses due fire hazard areas: vegetation within these areas must be
landscaping sources (e.g.. swimming to location in fire-prone Standard for Protection of Life and
Property from Wildfire maintained to create an effective fuelbreak by thinning dense
 Ensure access by requiring pools) with appropriate areas vegetation and removing brush and combustible growth from
proper maintenance of pumps for emergency use  Allow the Chief Building  The International Code Council has a areas within 100 feet of all buildings. A vertical clearance of 13.5
roads, driveways, and house  Link driveway permits to Official to impose any Wildland-Urban Interface Community feet within 10 feet of driveways and streets is also required;
addresses and street signs wildfire mitigation to ensure further site constraints or Planning Tool Kit, which includes a annual vegetative treatments for grasses, trees, and shrubs and
proper driveway and mitigation requirements to model 2006 International Wildland- methods of debris disposal are also specified. Special
roadway standards for ensure fire fighter safety Urban Interface Code considerations include increased distance of defensible space
access and turnarounds, and further protection of  The Colorado State Forest Service on slopes greater than 20 percent and permit requirements for
ingress and egress (for life and property in the publication "Creating Wildfire- removal of trees over four inches in diameter. The ordinance
evacuation) are met WUI Defensible Zones", No. 6.302 is a also recommends residents visit the City's Firescape
 Require developers to helpful guide with illustrations and Demonstration Garden
remove trees prior to explanations of defensible space for  The amended Building Code regulations for Eagle County, CO
construction, thereby homeowners, foresters planners, and establishes “minimum design and construction standards for the
reducing opportunity for fire officials protection of life and property from fire within the Urban/Wildland
homeowners to become http://www.ext.colostate.edu/Pubs/natre Interface. The ordinance applies to "all new building
attached to the trees and s/06302.html construction, exterior modification to existing buildings, and/or
resist removal additions that increase a building's footprint or number of stories
 Require replacement of in moderate, high and extreme hazard zones." Construction
trees in non-hazardous specific requirements will be enforced based on a site’s
locations or contribution to assigned Hazard Rating
community tree fund

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DRAFT Sustainable Community Development Code Framework

NATURAL HAZARDS/WILDFIRE
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact  Several states or municipalities,  As part of their Wildfire Regulations (adopted 1/21/03) Eagle
Standards including Oregon, Florida, Wisconsin, County, Colorado requires that Defensible Space be performed
Boulder County (CO) have created an for all moderate, high, and extreme hazard areas. Defensible
urban growth boundary or similar space shall extend a minimum of 70 feet or to the property line
growth management mechanism for for flat lots, and a minimum of 210 feet on the downhill side for
limiting resident migration into the WUI. lots with a slope of over 40%. The defensible space regulations
Source: Paterson, Robert. 2007. require that slash and flammable debris be removed from the
Wildfire Hazard Mitigation as “Safe” defensible space zone, and that all trees and shrubs within 15
Smart Growth In Living on the Edge: feet of the structure be removed. Trees and shrubs over 5 feet
Economic, Institutional and tall must have an average crown spacing of 10 feet. Groupings
Management Perspectives on Wildfire of trees are allowed, provided their crowns are at least 10 feet
Hazard in the Urban Interface, Edited from the structure. Trees remaining in the defensible space must
by R. Kennedy and A. Troy, New York: have branches pruned to a height of 10 feet, but not more than
Elsevier Ltd. 1/3 of the tree height, and ladder fuels removed
http://www.eaglecounty.us/emergency/wildfires/maps/WildfireRe
gs.pdf
 The City of Palm Coast (Florida) Ordinance No. 2001-11 deems
properties with excessive fuel/ hazardous vegetation on
undeveloped lots located within 30 feet of adjacent structures as
a public nuisance. Failure to comply with standards may result in
fines or misdemeanor charges
http://www.municode.com/resources/gateway.asp?pid=13605&si
d=9

Sustainable Community Development Code Beta version 1.2 28

 without a corresponding ability to protect this developed property from damages due to coastal storms and flooding. The result is a
never-ending spiral of increasing property damage and destruction, and even loss of life, from coastal storms, which cannot be
sustained. It is important these policies change if development in our coastal areas is going to be sustainable.

Framework
The primary damage from coastal storms comes from flooding, storm surge, and erosion, which generally occur along or in close
proximity to the beachfront, river shorelines, or other water bodies in the coastal area, even though in some instances such
activities extend further, across entire peninsulas or across barrier islands. Generally, development on lands in close proximity to
these places have the greatest risk of damage and destruction from coastal storms (hazard prone areas). It is well recognized that
these key elements of the coastal area’s natural environment – the beachfront, river shorelines, and other water bodies – are
generally dynamic – and if not disturbed by development or other human activities, act naturally to absorb the floodwaters, storm
Local Strategies for Making Community More surge, wind, and erosion from coastal storms. When development in these areas occurs in ways that do not respect the natural
functioning of the ecosystem, it detrimentally impacts the natural system’s ability to absorb a storm’s energies, and results in
higher flood levels, a stronger storm surge, increased areas of flooding – and greater damages to property and businesses.
Resilient to Coastal Hazards
Given these circumstances, the foundation of any effort to make a community more resilient to coastal hazards is to preserve the
Revised 2-11-09 natural functioning of its coastal ecosystem. This means being especially sensitive about the protection of the beachfront and its
dune system, river shorelines and estuarine areas, other water bodies like wetlands, and other riparian and floodplain areas. At the
INTRODUCTION same time, it is also important to recognize, especially given the development that has already taken place in many coastal areas
over the past 50 years, that there are coastal communities where there is existing development in these hazard prone areas, which
One of the perplexing patterns of modern American urban growth is that lands most attractive to new development in our coastal will be redeveloped in future years; there are also communities where these type of development exists, that as a matter of policy
areas are often the most dangerous to life and property. People place a high priority on locating their homes and other will allow new development in the future. Given these circumstances, additional strategies and regulatory tools must be included in
development in close proximity to the beachfront, river shorelines, and other water bodies, which are hazard prone areas that are our development codes to ensure redevelopment is more hazard-resilient that what it replaces, and new development does not
most susceptible to flooding and wind damage during time of coastal storms and hurricanes. Over the past half century, Americans diminish the natural functioning of the coastal ecosystem.
have viewed these areas as a place of great outdoor recreational opportunities and if they can afford them, second or retirement
homes. The perception of the coastal area as an area of recreation and enjoyment is part of the American psyche. This, coupled Goals for Making Community More Resilient to Coastal Hazards
with the high real estate value of lands located along the beachfront, river shorelines, or other waterfront areas, creates a powerful
mix that encourages real property developers to continue and intensify development in these areas. Communities have been using land use controls to regulate development in the coastal area for over 75 years. While regulations
in some communities have improved over the last 30 years to encourage practices that make development more resilient to
In many respects, this dynamic has been encouraged by our current land use, development, and other public policies, which do coastal storms, much more can be done. This chapter offers regulatory strategies for improving local development practices to
not account for the damages and destruction that occur in these-hazard prone areas from coastal storms and flooding. Even make them more hazard-resilient. The solutions are organized in two ways: first by the type of regulatory solution (removing
though such storms and flooding do not occur every year, they are inevitable, and when they do occur, the damage to property barriers, creating incentives, enacting standards), and second by the degree of potential success, ranging from good to best
and businesses can be staggering. The most recent example is development along the Galveston area of the Texas coast, which (bronze, silver, gold).
was devastated during Hurricane Ike in 2008. Estimates indicate there was over $27 billion dollars in property damages alone from
Ike across the state, along with a near total destruction of 1,000 structures. In addition, there was a short-term loss of 96% of the The goals of this chapter are to:
state’s oil refineries, and significant lost revenues to businesses along the coast, who had to shut down for a period of time after
the storm. A paradox of the current development dynamic and practices that has existed for the past half century is that our  Identify obstacles that impede the application of better hazard mitigation practices to development;
policies, if not changed, are making the situation worse. Demographic data indicates that over the past 50 years, population growth  Suggest and identify regulatory incentives such as density bonuses that can be used to encourage relocation of
within five miles of the Atlantic and Gulf coast shores has been three times faster than the nation as a whole. Development development outside of hazard prone areas and encourage better hazard mitigation practices;
densities in counties within 50 miles of these shorelines are much greater than the national average. Even though development  Identify incentives that local governments can provide to developers, in the form of development review assistance, to
practices have improved to some degree over the past 30 years, development continues to occur along the beachfront, river encourage better hazard mitigation practices; and
shorelines, and other water bodies, which are the hazard prone areas most susceptible to flooding and wind damage during time  Suggest regulatory provisions that require development to incorporate better hazard mitigation practices.
of coastal storms and hurricanes. Today, there are many communities where much of the urban development is located within
hazard prone areas. Consequently, an increasing amount of development and population is being exposed to a hazard event. In a
nutshell, the problem with land use controls and development policy is that they allow urban development in hazard prone areas

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DRAFT Sustainable Community Development Code Framework

COASTAL HAZARDS
KEY STATISTICS:
 Damage from coastal storms and flooding is significant.
 In North Carolina, Hurricane Fran in 1996 resulted in a total of $3.2 billion in damages. The damages from Hurricane Floyd in 1999 were even greater: an estimated $4.5 billion in damages; every river basin in eastern North Carolina exceeded 500-year flood levels; 31,000
jobs were lost.
 In Florida, Hurricane Andrew in 1992 resulted in approximately $28.5 billion in damages. In 2005, the total damage from Hurricane Charley was $15 billion, and the total damage that same year from Hurricane Wilma was estimated to be $20.6 billion. After Wilma, power
outages lasted for more than 20 days after the storm, and rebuilding took over one year.
 In Louisiana and Mississippi, total property damage from Hurricane Katrina in 2005 was estimated at $81 billion, with an estimated total economic loss of $150 billion; at least 1800 people lost their lives.
 In 2008, Hurricane Ike in Texas is estimated to result in over $27 billion dollars in damages; there was a near total destruction of 1,000 structures in Galveston, and 96% of the state’s oil refineries had to shut down.

MAKING COMMUNITIES MORE RESILIENT TO COASTAL HAZARDS THROUGH LOCAL REGULATORY TOOLS
ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
 Remove barriers for  Adopt a planned development  Adopt planned development or  Raymond Burby, et. al.,  Fort Myers Beach, FL – nonconforming
redeveloping existing regulation process that allows cluster development regulations that Cooperating with Nature: provisions that do not include cost to improve
structures to make them more nonconforming development allow flexibility to locate development Confronting Natural Hazards with structure to make more hazard resilient in
hazard-resilient by adopting (density and height) to be outside of hazard prone areas Land Use Planning for Sustainable threshold costs limits placed on improvements
nonconformity regulations that replaced or redeveloped to (floodplains, wetlands, beachfront, Communities (Joseph Henry Press to conformities. Available online. Viewed
allow improvement of improve hazard resiliency. other riparian areas). 1998). 2/6/09.
nonconforming structures for  D. Godschalk, “Avoiding Coastal
the purpose of constructing Hazard Areas: Best State
more hazard-resilient  Sanibel, FL – planned development regulation
Mitigation Practices,” allowing nonconforming development to
structures. Environmental Geosciences 7:1, cluster outside of hazard prone and resource
13-22. 2000. protection areas. Available online. Viewed
Remove  “Natural Hazards, Smart Growth, 2/6/09.
Obstacles and Creating Resilient and
Sustainable Communities in
Eastern North Carolina,” in Facing  Fort Myers Beach, FL - process that allows
Our Future: Hurricane Floyd and nonconforming development (density and
Recovery in the Coastal Plain, height) to be replaced/redeveloped if hazard
pp.271-282 (Coastal Carolina resiliency is improved. Available online.
Press, 2001). Viewed 2/6/09.
 D. Godschalk, Natural Hazard
Mitigation: Recasting Disaster
Policy and Planning (Island Press,
1999),
 Pilkey, Orin et. al., Coastal Design:
A Guide for Builders, Planners,
and Home Owners. New York,
N.Y., Van Nostrand Rheinhold.

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COASTAL HAZARDS
 Provide permit expeditor /  Adopt planned development  Adopt regulations that establish  Hazard Mitigation Planning Clinic,  St Lucie County, FL – HIRD cluster option and
ombudsman to assist regulations that offer density bonuses when Department of City and Regional transfer of density out of natural and hazard
permitting for more hazard development flexibility to cluster redevelopment relocates outside of Planning, The University of North prone areas. Available online. Viewed
resilient redevelopment in development and increase natural or hazard prone areas. Carolina at Chapel Hill and the 2/6/09.
hazard prone areas. density when locating  Adopt cluster regulations that create Risk Assessment and Planning  Fernindina Beach, FL – overlay district along
 Apply FEMA’s Community development outside of natural sliding scale densities, based on the Branch, NC Division of Emergency beachfront to provide density bonuses that
Rating System (CRS) areas and hazard prone areas. amount of resource or hazard prone Management. Tools and incorporate mitigation techniques. Available
program that provides flood area protected. Techniques: Putting a Hazard online. Viewed 2/6/09.
insurance reductions for Mitigation Plan to Work. 1998.
 Adopt regulations that allow Available online. Viewed 2/6/09.  Lee County, FL – cluster provisions in Pine
communities adopting “no transfer of density from natural Island Plan that creates sliding scale density
adverse impact” practices in  Schwab, Anna K., David J. Brower
and hazard prone areas to provision that increases density the more
the floodplain. and Katherine Eschelbach. Hazard
adjacent upland areas that are natural or hazard prone area protected on a
Mitigation and Preparedness:
either not impacted by or less site. Lee County Land Use Plan, available
Building Resilient Communities.
impacted by hazard event. online. For information on the Pine Island
Create Hoboken, NJ: John Wiley & Sons.
portion of the Lee Plan, available online.
Incentives 2007.
Viewed 2/6/09.
 Schwab, Anna K. “Increasing
Resilience to Natural Hazards:
Obstacles and Opportunities for
Local Governments Under the
Disaster Mitigation Act of 2000,” in
Losing Ground: A Nation on Edge,
eds. John R. Nolon and Daniel B.
Rodriguez. Environmental Law
Institute. 2007.
 D. Godschalk, D Brower, and T
Beatley, Catastropic Storms:
Hazard Mitigation and
Development Management (Duke
University Press, 1989).

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COASTAL HAZARDS
 Establish floodplain  Adopt floodplain regulations  Establish “no adverse impact  No Adverse Impact Status Report:  Hilton Head Island, SC – planned
regulations that meet NFIP requiring “no net decrease” in approach” to floodplains. Helping Communities Implement development regulations to locate
requirements. hydrological capacity.  Prohibit or substantially limit NAI (June 2002). Available online. development out of natural and hazard prone
 Allow minor modification of  Adopt open space set-aside development within 100 year Viewed 2/6/09. areas. Available online. Viewed 2/6/09.
code standards for relocating standards that give highest floodplain.  No Adverse Impact: A Toolkit for  Folly Beach, SC – open space set-aside
out of flood hazard areas. priority to preserving and Common Sense Floodplain standards that identify highest priority open
 Establish wetland buffers that exceed
protecting wetlands, floodplains, Management (2003). Available space set-asides as floodplains, wetlands,
 Minimize development of state and federal laws.
beachfront, and riparian areas. online. Viewed 2/6/09. other natural areas. Available online. Viewed
public facilities within hazard  Adopt riparian area setbacks.
prone areas.  Adopt floodplain regulations that  Smith, Gavin. 2008. Disaster 2/6/09.
add a minimum height or  Establish setbacks along beachfront Resilient Communities: A New  Lake County, IL – watershed development
 Adopt regulations that do not landward of secondary dunes.
freeboard requirement of at least Hazards Risk Management ordinance that incorporates “no adverse
allow increase in densities in
1’ above base flood elevation. Framework. In Natural Hazards impact concepts.” Available online. Viewed
hazard prone areas.
Analysis: Reducing the Impact of 2/6/09.
Enact Adopt planned development  Adopt regulations that require
 Disasters, edited by John Pine.
Standards regulations to optimize storage capacity to off-set fill in  Rocky Mount, NC – regulations that reduced
Boca Raton, Florida: CRC Press.
protection of hazard prone floodplains. density in floodplain areas after storm event.
 Integrating Hazard Mitigation into Available online. Viewed 2/6/09.
areas.  Adopt regulations that require Local Planning Processes. PAS
vegetative buffers around Report. Chicago: American  Franklin, TN – regulations that significantly
wetland and riparian areas. Planning Association. limit development in 100 Year floodplain.
Forthcoming. Available online. Viewed 2/6/09.
 Smith, Gavin. 2004. Holistic  Rock Hill, SC – riverine setbacks. Available
Disaster Recovery: Creating a online. Viewed 2/6/09.
More Sustainable Future.
Emmitsburg, Maryland: FEMA
Emergency Management Institute,
Higher Education Project.

Sustainable Community Development Code Beta version 1.2 32

 suburban sprawl is likely without compact development around a transit station. This will lead to an increase in traffic
congestion, air pollution, health problems, and transportation costs.

GOALS FOR TRANSIT-ORIENTED DEVELOPMENT

Increasing the amount of TOD-geared stations in communities is critical to addressing several key concerns listed in the
Sustainable Land Use Code. Several of the following goals must be combined in order to achieve an effective TOD.
Goals specific to transit-oriented development include:
 Creating new great places that are centers for social interaction for residents, shops, and employees.
 Supplying new entryways and places with distinct identities that can enhance the image of the community.

Transit-Oriented Development  Providing a focal point for concentrating economic growth. Removing economic and zoning obstacles for
greater development opportunities.
Revised 1-28-09  Increasing property values around the TOD and increasing the municipality’s tax base.
Providing workforce and affordable housing options.
INTRODUCTION 
 Offering more housing choices for an increasingly diverse population.
In the early part of the 20th Century, most urban areas provided adequate and frequent public transportation around the
core of their city. With the invention of the automobile, the highway system, and the advent of affordable single-family  Decreasing the number of automobile trips.
homes, the use of transit decreased significantly. Housing increasingly was built further and further outside of a city’s  Creating more travel options, frequent and optimal transit schedules and better living environments for those
transit services throughout the 1940s-1970s. In the 1970s, government-funded transit agencies began developing new dependent on transit.
transit systems to address problems such as traffic congestion and transporting people from the suburbs to the city.  Increasing pedestrian and bicycle connections into and within the development.
These agencies did not get involved in planning for development around their new transit lines.  Creating “eyes on the street” through safe urban design and a mixture of daytime and evening uses.
In the 1990s, the Intermodal Surface Transportation Efficiency Act (ISTEA), Transportation Equity Act for the 21st
Century (TEA-21) and Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-
LU) began integrating the transportation and land use planning link through public policy. The FTA website currently
projects that 330 projects nationwide will compete for $6.6 billion in funding for 2009. 1
Transit-Oriented Development (aka TOD), refers to development located within walking distance of a nearby transit
mode that “mixes residential, retail, office and public uses in a walkable environment, making it convenient for residents
and employees to travel by transit, bicycle, or foot”. 2 Transit-oriented development functions as a district, with the bulk
of the defined development occurring within ¼ to ½ mile of the transit station, or a 5-10 minute walking distance. Due
to the proximity of the transit station, automobile uses are not heavily encouraged. Short-term parking is generally Image, above: Fitzsimons Redevelopment Site, City of Aurora,
allocated for the retailers within the TOD and for transit riders. future TOD. (Source: RTD)

IMPLICATIONS OF NOT ADDRESSING THE ISSUE

At the turn of the 20th Century, metropolitan areas captured the essence of transit-oriented development by constructing Image, left: Rockies
multi-story housing, retail, and office uses around transit stops. With the advent of the car as the vehicle of choice, fans take the train
1970s and 1980s transit stops became a sea of parking surrounding stops rather than compact developments. As home, Denver Union
transit becomes more critical with the increase in gasoline prices and air pollution, planning for urban development Station (Source: RTD)
around key transit locations is essential.
By not using transit-oriented development in the future, communities that fail to capture their TOD opportunities are less
likely to support transit, thereby rendering transit scheduling and frequent stops less likely. A continued pattern of
Map, left: FasTracks is the Denver Regional Transportation
District’s 12-year comprehensive plan to build 122 miles of new
light rail and commuter rail and 57 new transit stations (Source:
1
United States Department of Transportation Federal Transit Administration, Introduction to New Starts, RTD)
http://www.fta.dot.gov/planning/newstarts/planning_environment_2608.html.
2
Michael Davidson and Fay Dolnick, A Glossary of Zoning, Development, and Planning Terms, (American Planning
Association, Planning Advisory Service Report Number 491/492).

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TRANSIT ORIENTED DEVELOPMENT

KEY STATISTICS:
 People living near a transit station are five to six times more likely to commute to work by transit than other people living in the same region. 3
 In 2000, there were about 14 million people, or 6 million U.S. households living within walking distance (1/2 mile) of rail transit stops. 4
 A 2007 study shows that households living in neighborhoods near transit spend 16% less on transportation than families who live in auto-oriented communities. 5
 A California statewide study by Caltrans reported that the 27 neighborhoods in Northern and Southern California doubling residential density resulted in 20 to 30 percent fewer annual VMT 6

ACHIEVEMENT LEVELS (NOTE: higher levels generally incorporate actions of lower levels)
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Allow for a Planned Development zone  Create an overlay zoning district  Create a TOD zone  Reconnecting America’s  City of Aurora Urban Street
Obstacles to accommodate TOD for TOD website: standards: online. Retrieved
 Maximum parking standards are
 Allocate roadway space for specified .reconnectingamerica.org is 1-26-09.
 Eliminate minimum parking standards a comprehensive resource City of Aurora Transit Oriented
cyclists and timed traffic signals  Develop an overall parking plan 
for pedestrians and cyclists for all things TOD. Development Code (not
 Develop a TOD classification system, that addresses both private and
i.e. City Center, Urban Center, Village commuter parking  The Urban Land Institute available online as of Jan. 16,
 Specify maximum parking
Center, Neighborhood Center has many helpful 2009, contact City).
standards  Unbundle parking costs
publications on TOD:  City of Denver, CO, Municipal
 Increase transit ridership by  Create urban parks or land  Reduce the percentage or ://www.uli.org/.
New transit oriented Code for TMU-30. Division 15,
coordinating bus service with transit dedication requirements for acreage requirements for parks
residential construction  Tumlin, Jeffery and Millard- Section 59-301. online.
schedules TOD and urban area uses dedication in order to maximize
reflected on the Colorado Ball, Alan. “How to Make January 16, 2009.
 Connect stations to land use on the TOD site
Convention Center. Transit Oriented  Montgomery County, MD.
neighborhoods with shorter, Development Work.” Transit-Oriented Mixed-Use
protected bicycle and pedestrian online. Retrieved November Zone. Division 59 C-11 and C-
routes to encourage those who 11, 2008. 13: online. January 16, 2009.
would not normally bike or walk
 Puget Sound Regional  Orenco Station Zoning in
Council. “Creating Transit Hillsboro, OR. Section 137.
Station Communities in the online. January 16, 2009.
Central Puget Sound
Region: A Transit-Oriented
Development Workbook”.
online. October 7, 2008.

New transit oriented residential

L’Defense, Paris’s modern construction, University of Denver light No pedestrian connection, Douglas
office center served by two rail station. County, CO, a problem rectified after
metro stations. several years.

3
Creating Transit Station Communities in the Central Puget Sound Region: A Transit-Oriented Development Workbook, June 1999, p. 3.
4 Reconnecting America’s Center for Transit-Oriented Development, Hidden in Plain Sight, p.18.
5 Reconnecting America. Jumpstarting the Transit Space Race, October 2008, p. 3.
6
John Holtzclaw, “Using Residential Patterns and Transit to Decrease Auto Dependence and Costs,” http://www.smartgrowth.org/library/cheers.html

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TRANSIT ORIENTED DEVELOPMENT

ACHIEVEMENT LEVELS (NOTE: higher levels generally incorporate actions of lower levels)
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Create  Expedite the development review  Reduce the processing  Create a fee-in-lieu program where • City of Austin, Texas, TOD
Incentives process fees/waivers for TOD projects developers opt out of all or a portion of financing strategy: online.
 Subject TOD plans to an within a city minimum parking requirements through
• Fruitvale TOD, creative
administrative decision rather than a payment of a fee to the city. Fees are
partnerships with local
a formal hearing placed into an Enterprise Fund for
government, transit, and a non-
future parking needs
 Allow for a mix of housing with an profit: online..
affordable component and/or
Bicycle parking garage, required percentage
Amsterdam Central station
 Provide safe and adequate bicycle
parking
Enact  Allow densities higher than  Implement on-street parking  Require plazas or main streets  City of Denver, CO. “TOD  City of Lakewood, CO Transit
Standards surrounding areas controls for all TOD areas connected to the station. Main streets Strategic Plan.” online. Mixed Use Zone District
 Permit a mix of residential,  Charge for parking with all TOD must have ground floor retail and January 16, 2009. Development Manual: online.
commercial, and employment uses commuter users services and plazas must also be  Joe Holmes and James van  BART TOD Guidelines: online.
surrounded by retail, services, or other Hemert, Transit Oriented  Portland TOD Property Tax
 Permit walkable streets with build  Create an access management active uses
to lines and buildings facing the plan to limit the number of Development (Research Exemption Ordinance: online.
Mixed use, multi family street driveway cuts and intersections  Require a street grid by requiring that Monologue Series). Rocky  Atlantic Station rezoning to
building, Emeryville, CA. on arterials and highways near block dimensions do not exceed a Mountain Land Use Institute, Central Area Commercial
 Require plazas adjacent to the specific size typical of urban blocks, i.e. online. Retrieved 2-2-09.
station or walkable main streets TOD Residential Conditional. online.
300-660 feet in length Retrieved 2-2-09.
connecting to the station  Enforce traffic calming with
speed limits of 30 mph on major  Require connections to surrounding
 Require an urban street grid streets and to bicycle and pedestrian
streets and 20 mph on lesser
 Require pedestrian and bicycle streets trails. Require a street cross section
connections to surrounding that accommodates multiple modes of
neighborhoods and businesses  Include bike stations and fully travel. Require defined, protected,
enclosed bicycle parking at short-distance routes for amateur
 Require quality architecture and major stops
Billboard ad for new mixed public art bikers and walkers
use transit oriented  Require minimum urban levels  Enforce maximum parking limitations
 Require that parking areas locate of density
development, Amsterdam and require shared parking
behind at-street buildings or within
Central station  Require a mix of residential,
parking structures  Require an architectural design plan
commercial and employment defining a consistent approach.
uses and restrict automobile- Require quality, durable materials and
related uses varied architectural detail. Enforce a
 Require walkable, urban streets formula for required public art
with required build-to lines and  Ensure the mix of uses creates 24-hour
buildings required to have activity within the TOD
entrances on the street.
 Require that a TOD application include
 Require on-street parking. various features such a defined street
Atlantic Station, TOD, grid, building envelopes, squares, and
Atlanta, GA plazas to frame the TOD
 Pull parking structures to the street
require ground/1st floor uses

Sustainable Community Development Code Beta version 1.2 35

Strategic Success Factors

Bronze
 Ensure a minimum acreage is attainable for the proposed station area
 Locate the TOD within a 5-10 minute walk of the major transit stop or ¼ mile from the stop to the edge of the project
 Amend the comprehensive plan to support TOD areas
 Define the station area district and characteristics through a community based planning process
 Increase transit ridership by coordinating bus service with transit schedules
 Create a land use plan identifying TOD uses, station-specific zoning or a base zone district
 Create Capital Improvement Plans for station areas
 Establish urban renewal districts at station areas that fall within the urban renewal standard for blighted areas
 Ensure park and ride areas are properly located, designed and managed to minimize pedestrian and cyclist conflicts

Silver
 Work with transit agencies to ensure that the transit service is fast, frequent, reliable and comfortable with a
headway of 15 minutes or less
 Use Tax Increment Financing Districts (TIF) to help finance infrastructure, pedestrian connections, station improvements,
and structured parking
 Foster the establishment of business improvement districts

Gold
 Use land banking by local government to ensure proper development and property cost write-downs to help finance
infrastructure, pedestrian connections, station improvements, and structured parking
 Create location improvement districts
 Encourage location efficient development and location efficient mortgages
 Provide public parking in structures at selected station areas as opposed to park and ride facilities

Potential sustainability measures:

1. Income variance in TOD neighborhoods (the greater, the better)
2. Number of housing units per acre at various distances from transit stations (increasingly higher nearer station)
3. Percentage of persons living in TOD using transit
4. Increased income levels of TOD residents over a period of time
5. Harmony of mixed uses
6. Thriving enterprise in TOD communities

Sustainable Community Development Code Beta version 1.2 36

 Complete Streets are designed and operated to enable safe access for all
users. Pedestrians, bicyclists, motorists and bus riders of all ages and
abilities are able to safely move along and across a complete street.
Completestreets.org

Complete Streets
Revised 2-9-09
INTRODUCTION IMPLICATIONS OF NOT ADDRESSING THE ISSUE
The desire for safe streets that function well for all users is a timeless idea. Since the early part of the last century, street The sustainability implications of a narrow focus on the automobile are widespread. At
design has been an inter-disciplinary affair, often occurring in the context of a larger vision for the neighborhood, community, the community scale, land uses have become increasingly segregated and separated
or city. Designs were guided by the uses planned along the street, the needs of pedestrians, horse drawn carriages, by larger distances, requiring more time and more energy to meet daily needs. At the
bicycles, and even streetcars. In urban environments, conflicts between these street users were commonplace and various neighborhood scale, higher traffic speeds and higher traffic volumes increasingly
design solutions were devised to address these challenges. conflict with pedestrian and bicycle uses that once shared the same streets. At the
roadway intersection level, improvements constructed to meet vehicular delay
With the mid-20th century rise of the automobile, however, the focus on street design shifted; driven by new physical and standards have the unintended consequence of also creating wide and unfriendly barriers to pedestrian crossing.
safety considerations related to the size, weight, and speed of the automobile. Specialists in traffic engineering emerged. A
new professional language was created. Roadway standards were developed, and attention was increasingly focused on Incomplete street design may also result in continued safety problems. Streets designed exclusively for the automobile have
moving vehicles quickly, minimizing delay for motorists, and increasing the personal freedom, access, and mobility afforded been associated with disproportionately high crashes rates and fatalities for pedestrians and bicyclists. While pedestrian and
by the automobile. bicycle trips account for roughly 9% of all trips, 13% of all traffic related fatalities involve pedestrians and bicyclists. 2
Additionally, with the growing desire for walking and bicycling, the potential for increased crashes and injury may increase if
Today, there is a growing public desire for a return to more walkable and streets are not designed to serve all users.
bikable streets that support livable communities. Increasingly, local and
regional agencies are working in support of street and transportation network
design that encourages walking, bicycling, transit use by all users, including
GOALS
children, seniors, and disabled.  Increased safety for the most vulnerable street users, especially bicyclists and pedestrians
 Increased choices for mobility
A complete street is safe, comfortable, and convenient for travel via  Increased access for non-driving population
automobile, foot, bicycle, and transit. This concept was initially championed by  Energy savings related to more fuel efficient modes of travel
cycling advocacy groups seeking increased accommodation of cyclist needs in  Reduced vehicle miles traveled (VMT) resulting in:
roadway design. What their initial research revealed was a o CO2 emission reduction
changing attitude among the majority of Americans. For the o Improved traffic flow
first time in decades, surveys are showing a preference for o Decreased maintenance and repair costs
expanding existing public transportation and building new  Increased physical activity levels resulting in improved public health
bikeways and sidewalks over expanding existing highways and  Improved design standards and guidelines
building new highways. 1

1 2
Federal Highway Administration Infrastructure Survey, 2000. 2005 NHTSA Traffic Safety Facts

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COMPLETE STREETS
KEY STATISTICS AND FACTS:
 For the first time in decades, surveys are showing a preference for expanding existing public transportation and building new bikeways and sidewalks over expanding existing highways and building new highways. 3
 There are an estimated 35.3 billion walking trips nationwide every year in the U.S. 4
 Walking is not just for recreation. Over 50% of all walking trips serve a functional purpose other than exercise and recreation 5
 Nearly a third of Americans do not drive, and the non-driving senior population will grow even larger in the near future with the aging Boomer generation
 55% of Americans say they would rather drive less and walk more 6
 The top pedestrian complaint is simply that there are too few sidewalks 7
 The top bicyclist complaint is simply that there are too few bikeways 8
 While pedestrian and bicycle trips account for roughly 9% of all trips, 13% of all traffic related fatalities involve pedestrians and bicyclists 9.
COMPLETE STREETS
ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Modal Accommodation - all modes of travel  Modal Accommodation - all modes of travel  Modal Accommodation - all modes of  Completestreets.org is a  Portland Metro. Creating
Obstacles routinely accommodated on all local, collector, required to be accommodated on all local, travel required to be accommodated comprehensive online Livable Streets, Street
and arterial streets collector, and arterial streets in specific on all local, collector, and arterial resource. Design Guidelines for
 Vehicular Level of Service (LOS) – allow districts or areas (CBD, urban centers, TODs) streets throughout the jurisdiction  Context Sensitive Solutions 2040. online. Retrieved
exceptions from jurisdiction standards on case  Vehicular Level of Service (LOS) – flexible  Vehicular Level of Service (LOS) – in Designing Major Urban 2-10-09.
by case basis level of service policy that allows for flexible level of service policy that Thoroughfares for Walkable  City of Aurora Urban
 Design Speed – allow design speed to match consideration of other transportation goals – allows for consideration of other Communities, ITE Street standards. online.
posted and planned operating speed on case applied in specific districts or areas (CBD, transportation goals – applied Proposed Recommended Retrieved 1-26-09.
by case basis urban centers, TODs) throughout the jurisdiction Practice is a  City of Sacramento
 Design Speed – design speed allowed to  Design Speed – design speed allowed comprehensive guide to Pedestrian Friendly Street
 Roadway Design – allow exception from street design that reflects a
standard cross sections based on context and match posted and planned operating speed – to match posted and planned operating Design Guidelines.
applied in specific districts or areas (CBD, speed – applied throughout the joint effort between ITE and
Context Sensitive Solutions in consideration of other transportation goals on the Congress for New  MTC Routine
Designing Major Urban case by case basis urban centers, TODs) jurisdiction Accommodation
Urbanism. online.
Thoroughfares for Walkable  Travel Lane Widths – allow exception from  Roadway Design – multiple roadway design  Roadway Design – flexible roadway Retrieved 2-10-09. Checklist.
Communities is a options or cross sections for various roadway design options for all roadways based
standard vehicle lane width (typ. 12’) on case
comprehensive guide to street types based on land use context and modal on land use context and modal
design that reflects a joint
by case basis
function (sometimes referred to as “Street function
effort between ITE and the  Design Vehicle – allow exceptions to the Typologies”)
Congress for New Urbanism standard design vehicle (e.g WB 50 truck) on  Travel Lane Widths – flexible lane
a case by case basis  Travel Lane Widths – allow exception from width options based on land use
standard vehicle lane width (typ. 12’) in context and modal function (e.g.
specific districts or areas (CBD, urban centers, allowance of 10’ vehicle travel lanes)
TODs) throughout the jurisdiction

3
Federal Highway Administration Infrastructure Survey, 2000.
4
National Household Travel Survey (NHTS), 2001
5
Natl. Survey of Pedestrian and Bicyclist Attitudes and Behaviors, 2002
6
Surface Transportation Policy Project Survey, 2002
7
National Transportation Availability & Use survey, 2002
8
National Transportation Availability & Use survey, 2002
9
2005 NHTSA Traffic Safety Facts

Sustainable Community Development Code Beta version 1.2 38

DRAFT Sustainable Community Development Code Framework

COMPLETE STREETS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Design Vehicle – no “standard” design vehicle  Design Vehicle – no “standard”
Obstacles – rather it is established based on land use design vehicle – rather it is
context and expected use of the roadway. Life established based on land use
safety agencies involved on case by case context and expected use of the
basis. roadway. Life safety agencies
Complete street designs involved in setting policy, minimizing
should accommodate all subsequent design review
users, including emergency involvement.
and life safety providers Create  Offer a fast track or streamlined development  Reduce transportation impact fees for projects  Offer matching funds to for Complete  Partnerships with the  Charlotte, NC. Urban
Incentives approval for process Complete Streets that meet Complete Streets objectives Streets projects public health and medical Street Design Guidelines.
projects  Allow the pedestrian portion of a Complete  Fund Complete Street retrofit projects community can be a online. Retrieved 2-10-
 Provide technical assistance for Complete Street to qualify for open space credits independent of new development or resource for incentivizing 09.
Street design redevelopment complete streets. Smart • Sacramento
 Provide grant writing assistance for applicants Growth BC provides a
 Facility Maintenance – street maintenance seeking Safe Routes to Schools and other  Facility Maintenance – street Transportation & Air
good overview. online. Quality Collaborative:
program includes routine clearing of vehicle, transportation funding sources that support maintenance program includes Retrieved 2-10-09.
bicycle, and transit lanes and regular restriping routine clearing of vehicle, bicycle, Best Practices for
 Policy and facility plans for all modes to guide Complete Streets.
of lane markings and crosswalks. Complete Street implementation transit lanes, access to transit stops
Complete streets policies can and stations, and all sidewalks in the online. Retrieved 2-10-
be structured to protect and  Facility Maintenance – street maintenance public right of way and regular 09.
prioritize the most vulnerable program includes routine clearing of vehicle, restriping of lane markings and
street users bicycle, transit lanes, and access to transit crosswalks.
stops and stations in the public right of way
and regular restriping of lane markings and
crosswalks.
Enact  Adopt a Complete Streets policy  Establish Complete Street design standards  No exceptions to the Complete  The San Francisco  Fort Collins, CO,
Standards that are land use and context sensitive Streets policy County Transportation multimodal LOS and TIA
 Establish an interdisciplinary project review
process for street projects  Require Complete Street design in all new  Adopt standards for multimodal level Authority recently requirements. online.
construction and reconstruction of service released a report outlining Retrieved 2-10-09.
 Require Complete Street design in all new how auto LOS standards
construction  Require public and/or advisory committee  Require level of service analysis for impact the convenience
 Accessible Design Standards – require all new involvement in the design process all modes and safety of pedestrians
construction and reconstruction to routinely  Require exceptions to Complete Street design and bicyclists. online.
accommodate Americans with Disabilities Act to be approved by senior management or Retrieved 2-10-09.
(ADA) and Universal Design requirements. elected officials  Florida DOT –
 Require Transportation Impact Studies to Quality/LOS defined for all
evaluate and address all modes of travel modes. online.
Retrieved 2-10-09

Sustainable Community Development Code Beta version 1.2 39

SUSTAINABILITY MEASURES
Potential sustainability measures for Complete Streets relate to the community design, the transportation network, and the
choices available to the traveling public. The most sustainable Complete Streets communities will have a diverse mix of land
uses that are accessible by many modes of travel on streets that serve all users safely and comfortably, and the resulting
share of walking, bicycling, and transit trips are expected to be higher than comparable communities.

 Percent of streets with accommodation for all modes

 Quality or Level of Service for all modes
 Percent of population within walking distance of transit
 Percent of jobs within walking distance of transit
 Percent of population served by bicycle facilities
 Percent of jobs served by bicycle facilities
 Average vehicle trip length (shorter is better)
 Bicycling mode share
 Walking mode share
 Transit mode share
 Energy (fuel) savings related to mode share (relative to national or regional averages)
 Safer streets (reduction in bicycle & pedestrian crash severity and frequency)
 Emissions metrics related to vehicle use

Sustainable Community Development Code Beta version 1.2 40

 terms of distance -- the extent to which a network provides the opportunity to cycle the most direct route possible-- and in
terms of time--. connections that optimize traffic flow. At the network level, there are many measures that can be
Bicycle Mobility Systems implemented to enhance safety, including avoiding conflicts with crossing traffic, separating vehicle types, reducing speed
at points of conflict, ensuring recognizable road categories, and ensuring uniform traffic situations. Cyclists must also be
able to comfortably use the connections, meaning that encounters between bicycles and cars are minimized and
INTRODUCTION attraction points are clearly signposted so that cyclists can easily find their destinations. Attractiveness is also an
important consideration and should be enhanced through running connections through built-up areas in varied
Revised 4-9-09 surroundings with well-maintained public space, having connections well-lit, and locating connections where social safety
is not imperiled. (See the Appendix of this chapter for a summary of the main requirements for a cycle network).
B. Bicycle Mobility
Cyclists also need facilities to park their bicycle safely, easily, and tidily. The fear of theft leads to reduced use of bicycles.
In the United States, approximately 63% of trips
In high bicycle use areas establishing public parking facility requirements is a dynamic process that is not satisfied with
take place within a “bikeable distance” (5 miles
simple formulas. For example, points of departure (homes), destination points (companies and institutions as well as
from origin to destination) 1. Yet, more than 82% of
service and retail centers), and transfer points (public transport stops) have different parking needs. In city centers, for
trips five miles or less are made by automobile whereas only 1.3% of such trips are made by bicycle 2. For all trips, less
example, the type of bicycle storage facility can encourage or discourage cyclists. For instance, the introduction of free,
than 1% are made by bike. 3 However, some cities have demonstrated that the bicycle does have a place in the traffic supervised storage is very effective in stimulating the use of bicycles and reducing theft 8.
system. For example, in Boulder, Colorado, the bicycle accounted for 21% of commute trips and 14% of all trips 4. Davis,
California, is also notable as 17% of all trips in the city are made by bicycle 5. In larger cities, the bicycle has a place in
commuter travel, being used for 5% of such trips in Portland, Oregon; 2% in San Francisco, California; and 1% in IMPLICATIONS OF NOT ADDRESSING THE ISSUE
Chicago, Illinois 6.
1. Decreased accessibility to community destinations, particularly by vulnerable populations
The European approach to bicycle mobility demonstrates the importance of the bicycle as an integral part of the 2. Increased air pollution and related health impacts caused by automobile traffic
transportation system. For example, in the Netherlands, the bicycle is used for almost a quarter of all journeys, and for 3. Increased obesity and related illnesses
distances up to 7.5 kilometers it is the most popular means of transport. In fact, in 4. Higher costs for transportation as a percentage of household budgets
2005, 35% of all trips up to 7.5 kilometers were made by bicycle. Notably, bicycle 5. High traffic noise nuisance
use is dependent on the distance covered. Approximately 70% of all journeys in 6. Lower levels of mobility for all social, economic and age groups
the Netherlands are shorter than 7.5 kilometers. Nevertheless, the strong position 7. Increased congestion and trip travel time
of the bicycle over short distances (35%) extends into the total modality split with 8. Higher municipal costs related to road and parking facilities for automobiles
the bicycle being used for 27% of all trips 7. 9. Continued high traffic mortality and injury rates, particularly for pedestrians and cyclists
High quality bicycle-friendly infrastructure is a prerequisite to the bicycle achieving GOALS
and retaining a full status position in a traffic system and to a higher proportion of
bicycles in the modal split. It begins with an integral design at the network, Eliminate obstacles, create incentives and enact standards to achieve the following:
connection, and facility level. The quality of facilities offered to cyclists should be 1. Increase mobility choices, thereby enhancing social equity
assessed with the same criteria as the quality offered to other road users. 2. Enhance public safety, particularly for cyclists
3. Increase municipal cost savings for infrastructure construction and maintenance
High quality infrastructure also requires five key factors in the development of a 4. Increase household cost savings for transportation expenses
cycle network: cohesion, directness, safety, comfort, and attractiveness. Cohesion 5. Reduce per capita vehicle miles traveled (VMT)
requires that connections link up from a cyclist’s point of departure to their 6. Make cycling more advantageous than
destination. The two major components of directness at the network level are in traveling by automobile in terms of
convenience, comfort and time spent traveling
1
LEED ND Core Committee 2006, Understanding the Relationship between Public Health and the Built Environment, Available online. Viewed 7. Improve public health through increased
2/6/09. physical activity
2
League of American Bicyclists, Ride for the Environment, Available online. Viewed 2/6/09. 8. Overcome cultural barriers such as status or
3
Pucher, J., Buehler, R. (2008). Making Cycling Irresistible: Lessons from the Netherlands, Denmark, and Germany. Transport Reviews, 28: 4, perceived unsuitability of cycling for women
495-528. Available online. Retrieved 4-2-09. 9. Promote the supportive goal of high density,
4 League of American Bicyclists 2005, Bicycle Friendly Communities (Boulder, Colorado), Available online. Not working 2/6/09.
5 League of American Bicyclists 2005, Bicycle Friendly Communities (Davis, California), Available online. Not working 2/6/09.
Photo courtesy of Terry Musser, Charlier Associates multiple destination centers
6
City of Seattle 2008, Seattle Urban Mobility Plan: 8 Bicycle and Pedestrian Travel, Available online. Viewed 2/6/09.
7 Ministry of Transport, Public Works and Water Management Directorate-General for Passenger Transport 2007, Cycling in the Netherlands,

Ministry of Transport, Public Works and Water Management Directorate-General for Passenger Transport, Den Haag.
8 CROW, 2007, Design Manual for Bicycle Traffic, Ede, NL.

Sustainable Community Development Code Beta version 1.2 41

SUSTAINABILITY MEASURES
1. Increased modal share for cycling travel
2. 80% of all facilities contained in bicycle networks function at Level of Service C or better
3. Average speed along main cycle routes between 4 to 7 km of 16 km/h for 85% of journeys 9
4. Travel time to the nearest lockable bicycle parking facility at a public transport stop within a regional or
supraregional core area is no more than 5 minutes and a maximum of 10 minutes from home 10
5. Reduction in mortality and injury rates for cyclists
6. Decreased per capita spending over time for mobility
7. Reduction in per capita vehicle miles traveled
8. Decrease in obesity levels
9. Increase in percentage of women, children and elderly cycling activity
10. Decreased congestion
11. Decreased air pollution—including carbon emissions

Cycling in Amsterdam

Bicycle boulevard graphic:

Institute of Traffic Engineers. Innovative Bicycle Treatments

9
See 2005-2020 Municipal Traffic and Transport Plan by the Utrecht municipal council, cited on p. 19 of “Design Manual for bicycle Traffic,
CROW Record 25, Ede, NL.
10
Ibid.

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DRAFT Sustainable Community Development Code Framework

BICYCLE MOBILITY SYSTEMS

KEY STATISTICS:
 In the United States, approximately 63% of trips take place within a “bikeable distance” (5 miles from origin to destination)
 More than 90% of trips take place by automobile
 Motor vehicle traffic accidents are the number one leading cause of unintentional injury deaths for all age groups between 1 and 64 11
 Two-thirds of adults are either overweight or obese 12
 Childhood obesity rates have tripled since 1980 (6.5% to 16.3%) 13
 In the USA bicycle trips as a percentage of all trips represents less than 1% while it is very high In many European countries: 27% in the Netherlands, 16% in Denmark 14
 The bicycle is the most efficient form of transportation, using 35 calories per passenger mile compared to 1860 for the automobile and 880 for rail 15
 Economic impact is considerable, for example, $1.2 billion annual economic activity in Colorado 16
 Job creation is considerable, for example, cycling activity supports 11,000 jobs in Colorado 17

BICYCLE SYSTEMS

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations

Remove  Eliminate free or low cost on street  Eliminate single or limited use zones in  Limit new residential Bronze
Obstacles parking and charge market pricing, neighborhood, community and town development to within two miles  A critical first step in overcoming
 Variable market based parking fees.
particularly in the city centers (see centers from a town or city center obstacles is comprehensive
District of Columbia. A percentage of
Parking chapter) policy planning. For an overview
 Include cycling infrastructure additions or  Amend street standards that fail revenues is directed to bicycle
of successful bicycle planning in
improvements with all transportation to integrate bicycle standards, system enhancements. Performance
Europe, see: Fietsberaad 2006,
infrastructure projects with the exception of limited Parking Pilot Program. online.
Continuous and integral: The
 Establish exclusive and convenient access highways and selected Retrieved 4-2-09.
cycling policies of Groningen and
bicycle rider activated or exclusive bicycle major arterials other European cycling cities, Silver
traffic signal control standards Fietsberaad Publication No. 7,  City of Portland. Zoning Code,
 Amend level of service standards to Amsterdam. online. Retrieved Section 33.130—Commercial Zones
incorporate bicycles December 18, 2008. (see Mixed Commercial/Residential
 Amend traffic analysis protocols to Zone). online. Retrieved March 17,
Interurban cycle track, Delft, address “person trips” rather than only  An American example of 2009.
NL automobile trips comprehensive bicycle planning:  For required infrastructure for cycling
City of Redmond, WA, Bicycle see: City of Aurora, Colorado (2008).
System Plan. online. Retrieved Bicycle Facility Design Guidelines.
4-2-09. Contact the planning department.

11
National Vital Statistics System, National Center for Health Statistics, Centers for Disease Control.
12 Behavioral Risk Factor Surveillance System (BRFSS), Centers for Disease Control.
13
Ibid.
14
Pucher, J., Buehler, R. (2008). Making Cycling Irresistible: Lessons from the Netherlands, Denmark, and Germany. Transport Reviews, 28: 4, 495-528. Available online. Retrieved 4-2-09.
15 Lowe, Marcia (1989). The Bicycle: Vehicle for a Small Planet. Worldwatch Institute.
16
CDOT Bicycling and Walking in Colorado, 2000.
17 Outdoor Industry Association Active Outdoor Recreation Economy Report, 2005

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DRAFT Sustainable Community Development Code Framework

BICYCLE MOBILITY SYSTEMS

 California Manual on Uniform Traffic
 Victoria Transport Institute Control Devices, Part 9 Traffic
(2009). Multi-Modal Level-of- Controls for Bicycle Facilities
Service Indicators: Tools For online.
Evaluating The Quality of
Transport Services and  Shift in measuring traffic capacity to
Facilities. online. Retrieved 4- assessing mobility. Montgomery
2-09. County, MD. Policy Area Mobility
Bicycle route intersection Review. online.
 City of Delft, “Bicycle Action Plan
treatment, Paris II 2005 – 2010” (2005). In Dutch  Incorporation of person trips. Moving
only. online. Viewed 2/6/09. People. Denver Strategic
Transportation Plan 2008. online.
 City of Rotterdam, “Rotterdam Retrieved 4-2-09.
Bicycle Action Plan 2007 – 2010”
(2007). online. In Dutch only. Gold
Viewed 2/6/09.  Limits on the location of new
residential development---Boulder
Bicycles welcome on streets adjacent Valley Comprehensive Plan. Tiered
to Notre Dame Cathedral, Paris growth boundaries. online.
Retrieved 4-2-09.

Secure bicycle parking, train station, Delft,

the Netherlands

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations

Create  Permit off street bicycle parking in lieu  Reduce transportation or traffic related  Density bonuses for high quality  Queensland, Australia. End of Bronze
Incentives of automobile parking impact fees for provision of bicycle bicycle facilities and integration Trip Facilities for Bicycle Riders  Bicycle parking and shower facilities
facilities with larger system (2006). Standards for access, in lieu of auto parking. Sacramento
changing facilities, showers, County. Zoning Code, Title III,
lockers, etc. online. Retrieved Chapter 30, Off-Street Parking.
4-2-09. online.

Cherry Creek bicycle trail,

Denver, Colorado (Photo:
Bicycle Colorado)

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DRAFT Sustainable Community Development Code Framework

BICYCLE MOBILITY SYSTEMS

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact  Establish context specific uniform traffic  Avoid conflicts by separating traffic types, Replace intersections with  Design Manual for bicycle Bronze
Standards guidelines for bicycle facilities that are reducing the speed of motorized traffic, roundabouts whereupon cyclists Traffic, CROW Record 25, Ede,  For signage and bicycle lane stencil
related to the function of roads and and limiting the amount of motorized have right of way NL. standards see the City of Aurora, CO,
uniformly applied to particular road and traffic on major cycle routes.  For main cycle routes limit the  City of Aurora, Colorado requires Bicycle Facility Design Guidelines,
intersection types  Minimize waiting times at traffic lights by number of intersections where bicycle lanes for all collector and February 2008
 Establish street cross-section design having remote detection on cycle routes. cyclists do not have the right of arterial streets  For new city street construction
criteria for new and retrofitted existing  Establish bicycle parking and storage way to near zero  City of Aurora, CO establishes design criteria incorporating on-street
streets that include on-street bicycle standards:  Require direct integration into or detailed bicycle lane striping, and bike lanes, see City of Aurora, CO
facilities creation of a cycling network with stencil dimensions and location City Code Chapter 126-36.
 Mandatory bicycle parking or
 For cycle paths and shared routes storage for all uses including a mesh width of no more than 750 criteria for treatments for mid-  City of Portland, OR. Table 266-6,
establish consistent and specific residences feet block bus stops, various street Minimum Required Bicycle Parking.
standards for the following: intersection situations online. Viewed 2/6/09.
 Situate bicycle storage facilities in or  Reduce waiting time for cyclists at
Signals, cycle track coloring,  Use color to make cycle tracks traffic lights by using the following  City of Portland, OR. Installing City of San Francisco Planning Code
on the edge of a core shopping area. 
surface markings. Rotterdam, and lanes clear to the road users techniques: Bike Parking Guidelines. Article 1.5 Sections 155.4 and 155.5
NL. (red used in the Netherlands)  Situate bicycle storage facilities no online. Viewed 2/6/09.
more than 30 meters away from a  Green light for all directions Bicycle Parking Requirements for
 Sign postings busy area.  Use a “green wave,” –an  City of Aurora, CO establishes New and Renovated Commercial and
 Bicycle route and warning signage intentionally induced shared use path standards residential buildings with 4 or more
 Ensure a good visual relationship covering at grade crossings for units. . Requirement of bicycle racks
for preferred routes and attractive walking route between phenomenon in which a
series of traffic lights are midblock, adjacent path and or other means of storage.—number,
 Lighting on cycle routes the destination point and the bicycle complex intersection crossings design standards, location online.
storage facility coordinated to allow
 Recognizable road categories continuous traffic flow over  Comment on color standards: Retrieved 4-2-09.
such that every traffic amenity and  Locate bicycle parking in the most several intersections in one For example, red is now the  Shower facilities and lockers for new
provision is recognizable to all convenient locations near entrances main direction--.for bicycle national standard for cycle tracks and renovated commercial and
road users  Lockable bicycle storage facility at all traffic timed at 10-15 mph and cycle lanes in the industrial buildings. City of San
Bicycle parking garage.
Amsterdam Central Station.  Reflection strips on main cycle major activity centers instead of the usual 25 mph. Netherlands. It is believed that Francisco Planning Code Article 1.5
routes  Set standards for signage design, type, using long-range by using the red color, cycle Section 155.3. online. Retrieved 4-
 Crossings frequency of placement for different route detection/pre-request provision become more 2-09.
types and street volumes  Require secure bicycle storage recognizable and visible resulting Silver
 Signals in a favorable effect for cyclists
 Assign maximum waiting times at stops facilities for all residential  Louisville, Kentucky. Chapter 9
 Ramps dwelling units comfort (ease of use) and traffic
for cyclists Appendix 9A Bicycle Parking Design
 Sight distance safety. The use of colors can
 Reduce waiting times for cyclists at  Require that major activity Manual. online. Retrieved 4-2-09.
also support the continuity of the
 Obstructions signalized intersections by concurrent centers and transit stops be route.
extension of a green phase for cyclists to equipped with lockable bicycle
the detriment of motorized traffic storage
Bicycle signal green light

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DRAFT Sustainable Community Development Code Framework

BICYCLE MOBILITY SYSTEMS

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations

Enact  Require connections or enhancements  Require separate bicycle traffic  U.S. Department of
Standards to cycling routes near main departure light signals Transportation (2008). . Making
(con’t.) Gold
points and destination areas  Establish standards and develop Signal Systems Work for Cyclists
 Mandatory lockable bicycle storage
 Establish landscape vegetation bicycle boulevards for selected by David Gibson Available
facilities at major activity centers.
standards to minimize nuisance from routes online.
Central Midlands Council of
wind and rain  U.S. Dep’t. of Transportation. Governments (2006). CMCG Model
 Require bicycle detection for all signal European Approaches to Bicycle Policy Guidelines for Pedestrian-
detection devices and Pedestrian Facility Design Bicycle Circulation. online.
Bicycle boulevard. Palo Alto, Available online. Retrieved 4-2-09.
 Establish bicycle parking standards that
CA. include both the number and location of  U.S. Dep’t. of Transportation  Amsterdam, NL. “Green Wave” traffic
facilities Bicycle Parking And Storage light timing at 10-11 mph.
Standards. online.. Retrieved Raadhuisstraat pilot project.
 Require shower and changing facilities Intersection treatment, Delft, NL 4-2-09.
for established type and size available online. Retrieved 4-2-09.
employment centers  ITE (2003). Innovative Bicycle
Treatments. online.
Human powered bicycle ferry on the
canal. Delft, NL

Way-finding signage for

cyclists, near Maasland, the Bicycle tunnel, Delft, NL
Netherlands

Sustainable Community Development Code Beta version 1.2 46

  In high density, high intensity activity areas introduce public transport bicycle programs an infrastructure
Strategic Success Factors (supportive policy and programs)  Provide road safety lessons to children in primary schools
Successful outcomes require that regulatory tools be grounded in solid comprehensive policy planning and accompanied by  Bar car traffic through city centers or car free zones while allowing bicycle traffic on specific days, during specific times or as
competent administration and supportive programs. part of a permanent approach
 Create infrastructure and programs that prioritize cyclists over cars in the urban core
PLANNING POLICY  Establish “no excuse” (easy and comfortable) bicycle routes or paths to primary destination points
 Incorporate “complete streets policies” in comprehensive land use and transportation  Designate development intensification zones based on proximity and accessibility to the city
plans  Promote “bicycle in the chain” to encourage use of the bike in combination with public transport
 Develop a specific bicycle mobility plan integrated with the overall transportation plan  Offer local businesses a bicycle plan in which fiscal benefits are given to employees to purchase and use the bicycle
 As part of this plan recognize differing cyclist competencies, bicycling  Provide free, supervised bicycle storage facilities for high activity centers
behavior, a systemic approach and incorporation of high quality infrastructure  Increase bicycle crossing points in high traffic, destination rich areas
 Planning activity should result in the most direct bicycle route possible such that in many cases using the bicycle is  Eliminate discontinuities between mobility systems
quicker than the car

PROGRAMS & ADMINISTRATION

 Engage in communication regarding bicycle routes as well as the benefits of bicycle use

Sustainable Community Development Code Beta version 1.2 47

APPENDIX

A. Summary of Main Requirements for a Cycle Network

(Source: Design Manual for bicycle traffic, CROW Record 25, Ede, NL)

MAIN REQUIREMENT IMPORTANT ASPECTS EXPLANATION

Cohesion • Network Completeness The mesh width of the network is no more than approximately 250 meters
(inside built-up area)
Centers and important amenities are interconnected
• Route Completeness
At least about 70% of all bicycle journeys are made via the cycle network
(outside built-up area)

• Match with need to travel

Directness • Directness in terms of Minimization of the number of intersections where cyclists have no right-of-way
distance
Minimize the stopping frequency
• Directness in terms of time

Safety • Avoid conflicts with Summed up for all intersections, the number of crossing movements made by cyclists
crossing traffic times the intensity of the passing flow of motorized traffic, weighed according to speed
is minimized

Summed up for all road sections, the density of motorized traffic times the density of
bicycle traffic times the speed difference squared times the length of the road section
• Separated vehicle types is minimized

• Reduce speed at conflict In the case of major speed differences, cyclists are separated from motorized vehicles
points
Where the cycle network crosses networks carrying other vehicle types, speed
differenced between both are reduced
• Recognizable road
categories Every amenity should be recognizable as such to all road users

• Uniform traffic situations Cycle amenities and intersection solutions are related to functions of tracks and roads
for bicycle and motorized traffic. Solutions that are characteristic of a certain type of
road should not be used on other types of roads.
Comfort • Prevent Traffic Nuisance Encounters between bicycle s and cars are minimized

• Ease of Finding Destination Towns, cities, villages, districts and amenities that attract the public are signposted

• Comprehensibility The network makes the best possible use of spatial and landscape features so users
can form a mental map.
Attractiveness • Social Safety Networks, and particularly the main routes with them, meet the requirements of social
safety. At network level, this means that busy routes are plotted in areas where there
is sufficient social control in the community.

Sustainable Community Development Code Beta version 1.2 48

B. Option Diagram for Road Section inside the Built-Up Area
(Source: Design Manual for bicycle traffic, CROW Record 25, Ede, NL)

CYCLE NETWORK CATEGORY

Road Category Max. Speed of Motorized Traffic Base network Cycle Network Main Cycle Route
Motorized Traffic Intensity

N/A 0 Solitary Track

Walking Pace or 1 – 2.500 Combined Traffic Cycle Street or
Estate Access Road

20 miles/h Cycle Lane (with

right of way)
2.000 – 5.000

> 4.000 Cycle Lane or Cycle Track

30 2x1 Irrelevant Cycle Lane or Cycle Track or Parallel Road

District Access

miles/h Lanes Cycle Track

2x2 Cycle Track or Parallel
Lanes Road
45 miles/hour Cycle Track, Moped/Cycle Track, or Parallel Road
Road

Sustainable Community Development Code Beta version 1.2 49

Pedestrian Mobility Systems IMPLICATIONS OF NOT ADDRESSING THE ISSUE
1. Continued lack of satisfying pedestrian realms and networks that promote physical activity and convenient mobility
2. Decreased accessibility to community destinations, particularly by vulnerable populations
INTRODUCTION 3. Increased automobile traffic congestion
4. Increased air pollution and related health impacts caused by automobile traffic
5. Increased levels of obesity and related illnesses
Revised 3-9-09
6. Higher costs for transportation as a percentage of household budgets
A. Pedestrian Mobility 7. High traffic noise nuisance
8. Lower quality of life
Much can be learned from European cities about pedestrian mobility 9. Lower levels of mobility for all social, economic and age groups
where conscious land use decisions are made to keep civic and municipal 10. Increased congestion and trip travel time
functions in the center, create highly attractive environments, and provide 11. Higher municipal costs related to road and parking facilities for automobiles
housing within and in close proximity to such areas. Additionally, 12. Continued high traffic mortality and injury rates, particularly for pedestrians
Europeans have been pedestrianizing parts of their city centers,
Baden Baden, Germany
contributing to the attractiveness of the areas, making them places where GOALS
people want to visit, shop, and live. They have achieved this by gradually
Eliminate obstacles, create incentives and enact standards to achieve the following:
taking space away from cars and parking and returning it to the pedestrian. Notable American cities such as Boulder
1. Increase mobility choices, thereby enhancing social equity
(Colorado), Portland (Oregon), and Minneapolis (Minnesota) have also successfully pedestrianized urban spaces.
2. Enhance public safety, particularly for pedestrians
American cities are predominantly automobile-oriented with limited opportunity for safe and convenient walking. In 2000 3. Increase municipal cost savings for infrastructure construction and maintenance
16.6% of all deaths were due to poor diet and physical inactivity. This category may soon overtake tobacco as the leading 4. Increase household cost savings for transportation expenses
cause of death. 1 The average annual traffic death rate is 50% higher in the top ten most sprawling metro areas than in the 5. Reduce per capita vehicle miles traveled (VMT)
ten least sprawling metro areas. 2 6. Make cycling more advantageous than traveling by automobile in terms of convenience, comfort and time spent
In system planning and in developing implementation codes it is critical to carefully consider the unique vulnerability of traveling
pedestrians, walking distances, walking environments, and public safety. A reverse design sequence, which begins with the 7. Improve public health through increased physical activity
desired patterns of the slow modes of transport, is an efficient and cost-effective approach to take into account the interests 8. Enhance cycling education in a comprehensive, sustained, age appropriate manner
of pedestrians, particularly the most vulnerable – the elderly and children. Additionally, attractive axes, squares, and 9. Promote the supportive goal of high density, multiple destination centers
frontages extend the length people are willing to walk 3.
Street networks also influence trip route and mode choice through the way destinations are connected; high connectivity SUSTAINABILITY MEASURES
networks contain a large number of blocks and intersections per some unit of area, whereas low connectivity networks have 1. Increased modal share for pedestrian travel
fewer blocks and intersections over the same area. More intersections increase the ability to travel a more direct and shorter 2. 80% of all facilities contained in pedestrian networks function at Level of Service C or better.
route between origin and destination, which is critical for traveling on foot as long trips are rarely taken by such mode. 3. Reduction in mortality and injury rates for cyclists and pedestrians
Moreover, increased street connectivity has been correlated with reduced vehicle miles traveled and increases in pedestrian 4. Decreased per capita spending over time for mobility
trips 4. 5. Reduction in per capita vehicle miles traveled
6. Decrease in obesity levels
Key elements of pedestrian environment design reflected within this chapter include: 1) sidewalk design, 2) access to 7. Decreased congestion
desired uses, 3) access for persons with disabilities, 4) ease of street crossing, 5) manageable walking distances, 6) scale, 8. Decreased air pollution—including carbon emissions
7) security, 8) visual interest, 9) climate, 10) noise and air quality and 11) efficient and unobtrusive parking.

1 Mokdad, Ali H., Marks Causes of Death in the United States, 2000. JAMA, March 10, 2004; 291: 1238-1245., James S., Donna F.,
and Julie L. Gerberding.
2 Ewing, R., Pendal, R. Chen, D. Measuring sprawl and its impact. Smart Growth America, 2002. Available online. Retrieved 12-16-08.
3 Bach, B. 2006, Urban Design and Traffic: a selection from Bach’s toolbox, CROW, Ede.
4 Frank L., Engelke, P. & Schmid, T. 2003, Health and Community Design: The Impact of The Built Environment on Physical Activity,

Island Press, Washington, D.C. .

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KEY STATISTICS:
1. More than 90% of trips in the USA take place by automobile
2. Walking is used for less than 10% of all trips in the United States; the bicycle for less than 1% 5
3. Motor vehicle traffic accidents are the number one leading cause of unintentional injury deaths for all age groups between 1 and 64 6
4. Two-thirds of adults are either overweight or obese 7
5. Childhood obesity rates have tripled since 1980 (6.5% to 16.3%) 8
6. More than a quarter of trips are “walkable” (27% of trips take place within one mile and 14% take place within a half mile of home)

ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Allow visual contact through coherent  Expand lawful business opening hours to  For streets in the urban core shift  San Diego Regional Planning All achievement levels
Obstacles way-finding, unhindered views, interesting allow for a variety of functions throughout priority from cars to cyclists and Agency (SANDAG). Planning and • City of Rotterdam: “Linked City:
views, adequate lighting the day, evening, and night pedestrians Designing for Pedestrians, Model Vision for Public Space in Downtown
 Allow for physical activity such as  Allow for outdoor public and café seating  Eliminate or amend regulations Guidelines for the San Diego Rotterdam” (2007). Note subsection
skateboarding and in-line skating in that fail to dimension buildings Region. Available online. Includes “Inner Core of the Plan,” and its
 Eliminate single or limited use zones in
appropriate locations and spaces in recognition of the an excellent overview of ADA emphasis on life between the
neighborhood, community and town
important human dimensions requirements. buildings, park-n-walk garages, and
 Allow for temporary or seasonal activities centers
related to sense, movements,  Jacobs, Jane. (1961). The Death strategies to encourage staying
such as markets, skating, festivals, and  Eliminate or reduce the number of one
size and behavior and Life of Great American Cities downtown. Available online.
exhibitions way streets that serve primarily as
 Restrict parking in the immediate (1961). New York: Random House Retrieved December 16, 2008. Note:
 Adjust anti-loitering laws to allow for thoroughfares
vicinity of major transit stations  Project for Public Spaces. this approved bill has the force of
activities such as resting, meeting, and  Restrict the size of building footprints law in a manner similar to by-laws in
Car free city center, Delft, NL.  Traffic calming measures (see Available online. Retrieved 2-10-
13th Century “Oude Kerk” in general “hanging out”  Restrict parking along the street frontage Canada and ordinances in the
Complete Streets chapter) 09.
the background.  Limit auto-oriented uses such as service of a development United States
o Reduce speed limits for  Rosales, Jennifer. Parsons
stations and light industrial within  Traffic calming measures (see Complete Brinckerhoff. Road Diet Bronze
identified pedestrian precincts motorized traffic
Streets chapter) Handbook: Setting Trends for  Town of Breckenridge, CO.
o Use “road diet”
 Traffic calming measures (see Complete o Bulb-outs Livable Streets Summary. Amendment to the Model Traffic
techniques to reduce
Streets chapter): o Pedestrian medians Available online. Retrieved 2-10- Code of Colorado to permit
the number and width of
o On street parking o Traffic diverters 09. skateboards on most town streets.
road lanes devoted to
the automobile Council Bill 36. Available online.
o Chicanes
Retrieved 2-9-10.
o Speed tables and
raised intersections
o Traffic calming circles
o Roundabouts

5
U.S. Department of Transportation, Bureau of Transportation Statistics, Federal Highway Administration, 2001 National Household Travel Survey, January 2004 dataset, available at http://www.nhts.ornl.gov/2001/index.shtml, as of June 2004.
6
National Vital Statistics System, National Center for Health Statistics, Centers for Disease Control.
7 Behavioral Risk Factor Surveillance System (BRFSS), Centers for Disease Control.
8
Ibid.

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Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  City of Rotterdam. Spatial Silver
Obstacles Development Strategy 2030: • Town of Skaneateles, NY. Town
(con’t.) Rotterdam Urban Vision (2007). Development Code, Section 148-
In particular, note sections on 26(M). Shopping Centers. Limits
“Attractive residential city,” and building footprint to 45,000 square
“International City on the river.” feet. Available online. Retrieved 3-
Pedestrian refuge island Plan proposes increasing urban 31-09.
density by adding 56,000 Gold
dwelling units in inner city sites.
Available online. Retrieved • City of Santa Fe, NM. Land
December 16, 2008. Development Code, Section 14.5.1
A Historic Districts. Process to
 Beatley, Timothy (2000) Green approve “Walk Areas” on streets or
Urbanism: Learning From portions of streets and restrict
European Cities. Island Press. automobile traffic. Available online.
This outstanding resource Retrieved 3-31-09.
highlights the significant steps
taken in many European cities to • City of Seattle, WA. Municipal Code
restrict automobiles and create Neighborhood Commercial Zones
attractive walking environments 23.34.086 Pedestrian designation.
for citizens. For example, in most Limits street level uses to pedestrian
Dutch cities, major portions of oriented uses such as retail,
One of many pedestrian entertainment, restaurants and
streets in Munich, Germany the central shopping areas are
pedestrian-only. What has been personal services. Drive-in or drive-
coined as the “permeability” of thru businesses are prohibited.
places can be seen in Dutch Available on line. Retrieved 3-31-09.
cities such as Delft, where there • SmartCode Central. SmartCode
is a dense network of streets, Version 9.2.Section 6, Table 4A—
providing a great variety of Public Frontages—general and
routes and a diversity of sights Table 4A—specific, Table 7 Private
and sounds for pedestrians and Frontages, Table 13 Civic Space.
bicyclists. Available online. Retrieved 4-1-09.
• City of Denver, CO. Municipal Code,
Chapter 59, Article IV, Division 15,
Sec. 59-316. Off-street parking
requirements. Reduction in off street
parking requirements within mixed
use districts of up to 50% for
developments within a quarter mile
of rail transit station or within a 10
minute regional or urban bus
corridor. Available online. Retrieved
4-1-09.

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Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Create  Density bonuses for well designed  Flexible park land and open space  Flexible park land and open  Duerksen, Christopher J. and Bronze
Incentives pedestrian focused amenities. dedication requirements that recognize space dedication requirements Van Hemert, James (2003). True • Toronto, Ontario. Under the
amenities suitable to urban environments: that recognize amenities suitable West. APA Press. This book provision of Section 37 of Ontario’s
For example: to urban environments: For contains many examples of Planning Act the City of Toronto
o Include high quality design example: contextually appropriate routinely exchanges increased
aesthetics; views; and trees, o Include positive responses approaches to creating density to fund bus shelters, nature
plants, and water features in to climate considerations in comfortable urban environments trails, streetscape improvements
Outdoor dining. 16th Street Mall, meeting standards for parks and the evaluation and/or for pedestrians, notably with public art, and park improvements.
Denver, Colorado
public spaces. standards for meeting respect to regional climate. See Section 37 Benefits in the
parks and public space example by-law available online.
requirements. For example, Retrieved 3-31-09.
o the use of shade for sun, Silver
protection from wind, • Flexible park land standards. Note:
shelter from rain, natural search for examples still underway
ventilation for cooling Gold
• Forthcoming
Enact  Establish sidewalk zones that include  Require quality textured surfaces such as  Require pedestrian linkage with  Gehl, Jan and Gemzoe, Lars All achievement levels
Standards edge, furnishings, throughfare and cobble, brick, pavers other public spaces in the vicinity (2004). Public Spaces Public Life  City of Rotterdam: “Linked City:
frontage zones.  Require public art for large projects in order to develop an attractive Copenhagen. Danish Vision for Public Space in Downtown
 Require minimum adequate sidewalk network Architectural Press. Book Rotterdam” (2007). In particular note
 To protect pedestrians against moving
sections for different contexts: Require mid-block pedestrian discusses protection of subsections “Headline of the Town
vehicular traffic require on street parking, 
crossings in high traffic, pedestrians against crime & Plan,” “Traffic” and “Culture.“
• Min. 11’ for residential (6’ limit driveway access points, and require
destination rich areas (See violence by incorporating well lit Available online. Retrieved December
furnishing, 5” throughway) sensitive siting of parking facilities
Complete Streets chapter) areas, allowing for passive 18, 2008.
• Min. 14” for low intensity mixed  Require safe landscaping without hidden surveillance, and overlapping
use (3’ furnishing, 4’ throughway, areas and security cameras  Require broad sidewalks in functions in space in time as well  City of Rotterdam: “Spatial
Pedestrian Sidewalk Zones. 3’ for edge and frontage) designated areas Development Strategy 2030:
San Diego Regional Planning  Require a variety of alternative as landscaping without hidden
Require direct accessibility to all primary  Establish traffic calming areas and having security Rotterdam Urban Vision” (2007).
Agency  pedestrian routes
entrances and activity areas. standards for town and city cameras. Protection from traffic Available online. Retrieved December
 For larger projects require an area with 16, 2008.
 Require fine-grained detail in architectural centers noise, fumes and noise impacts
low ambient noise levels and public
and urban form  Require or permit investment in a also discussed. Bronze
seating arrangements conducive to
 Require adequate lighting—SANDAG hearing and talking “Park and Walk” System  City of Rotterdam’s Park and  San Diego Regional Planning Agency
recommends minimum 2.0 f/c for most (European concept of parking Walk system is designed to (SANDAG). Planning and Designing
 Enact design standards that encourage
pedestrian environments, 5 f/c for transit lots within ½ to 2.5 km from discourage automobile traffic for Pedestrians, Model Guidelines for
maximizing advantages of public space
platforms major destinations). In lieu of inside the city center and the San Diego Region. Available
such as pleasant views and opportunities
meeting individual off street encourage pedestrian activity. online. Retrieved 3-31-09.. See section
 Require defined spots for staying. Provide for people watching
parking requirements (See Locations permit reaching main on sidewalk zones and standards as
objects such as planters, monuments, well as section on l.
public art, etc., to lean against or stand Parking chapter) destinations within 10 minutes
Dutch “Woonerf” and are linked with transit.
next to

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Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact  Provide standards for attractive entrances  Require extra protection from unpleasant  Increase the proportion of “green  City of Portland, OR. Portland Zoning
Standards to public spaces climatic conditions relating to wind and time” for pedestrians relative to Code. Sec.33.130.240. Primary
(con’t.) glare. Methods for wind include motorized traffic at signalized entrance connection to street. And
 Require street furniture
homogenous building heights to prevent crossings identifiable distinctions for system
 Require extra protection from unpleasant
the wind from reaching the streets and Require a continuing tree crossings. Available online. Retrieved
climatic conditions relating to heat, rain 
squares, careful siting of entries and structure, a spatial design that 4-1-09.
and sunshine–awnings and colonnades,
for example streets, street trees and canopy incorporates city streets passing Silver
Denver’s beloved public art
walkways. Reducing glare through careful through a row of trees
“blue bear” at the Colorado  Require safe and visible pedestrian street • City of Denver, CO. Public art
analysis during site design.
Convention Center crossings (See Complete Streets chapter) requirements—Denver Revised
 Establish standards and zones for outdoor Municipal Code [DRMC] 20-85, et
• Pedestrian activitated warning seating areas, including material seq.
lights selections for benches and chairs. Include  City of Seattle, WA. Seattle Rights of
• Refuge islands resting opportunities such as benches in Way Improvement Manual, Chapter
 Require continuity in the design of the the evaluation and/or standards for 4 Design Criteria. Available online.
street profile (See Complete Streets required parks and public space Retrieved 3-31-09. Includes street
chapter)  Require sufficient density of employees, furniture and special objects
 Meet all ADA standards for accessibility residents and recreational users to standards.
 Reduced street curve radii support non-vehicular modes of travel  City of Santa Fe, NM. Land
Cobbled sidewalk, Prague, (see Urban Form chapter)
Czech Republic  Establish preferred pedestrian access Development Code, Section 14.5.1
through parking lots  Require direct or 45 degree main A Historic Districts. Available online.
entrance for nonresidential buildings on Retrieved 3-31-09. Climate
 Parking lot landscape screening
transit streets adaptation through the use of a
 Straight line connection between primary portal, characteristic of old Santa Fe
entrance and street  Street facing facades with minimum
percentage doors and windows style commercial buildings covering
 Require identifiable distinctions where the entire sidewalk, the columns
system crosses parking, loading and  Maximum garage wall facing street being set at the curb line.
driveways: elevation, speed bumps, standards
• City of Portland, OR. Portland
distinct paving material Zoning Code Sec Code Sec. 33-
130-242. Nonresidential building
entrances on transit streets.
Available online. Retrieved 4-1-09.
• City of Portland, OR. Portland
Zoning Code Sec. 33-130-250.
Street facing facades and garage
wall standards. . Available online.
Retrieved 4-1-09.

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Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact • City of Denver, CO. Municipal Code.
Standards Chapter 59, Article IV. Restrictions
(con’t.) On Structures Within Areas
Necessary To Preserve Mountain
Views. Available online. Retrieved 3-
31-09.
• City of San Francisco, CA. Planning
Code, sec. 263.11. Special Height
Exceptions: South Of Market RSD
40-X/85-B Height District.
Establishes wind comfort criteria: 7
mph equivalent for public sitting
areas and 11 mph for pedestrian
activity. Available online. Retrieved
3-31-09.
Gold
• Research on pedestrian linkage
requirements underway

 Establish car-free zones.

Strategic Success Factors (supportive policy and programs)  Establish a neighborhood ”woonerf” type program for streets
Successful outcomes require that regulatory tools be grounded in solid comprehensive policy planning and  Establish a “safe routes to school” program
accompanied by competent administration and supportive programs.
PLANNING POLICY

Develop a pedestrian plan or element in a transportation or mobility plan

PROGRAMS & ADMINISTRATION

 Create opportunities for people to interact in the public realm. For example, create 24 hour precincts where activities overlap
through the day, week, and year, inviting many different user groups to enjoy the area.
 Develop a “Traffic-Winding Off” system to cut-off through traffic in city center. Such a system cuts off through movement of
motorized traffic in the city and provides connections only for slow traffic and public transport on city streets in order to
dedicate more and better space to pedestrians at the expense of the automobile.

Sustainable Community Development Code Beta version 1.2 55

APPENDIX:

Pedestrian Measure Guidelines Matrix (left) and Elements of a Pedestrian Friendly Intersection (right) 9

9
San Diego Regional Planning Agency (SANDAG). Planning and Designing for Pedestrians, Model Guidelines for the San Diego Region. Available online. Retrieved 3-31-09

Sustainable Community Development Code Beta version 1.2 56

 Despite the long history of auto-centric planning and financial subsidies, recent trends show that transit may be reestab-
lishing a significant role in American metropolitan areas. National increases in vehicle miles of travel (VMT) flattened in
2003 and actually declined in 2006. 4 In 2005, for the first time in nearly a century, national transit ridership increased
faster than VMT. Since 1995, transit ridership is up 25.1 percent compared to a 22.5 percent increase in VMT. 5

A number of factors suggest that increased transit use is a more sustainable transportation option. The first of these is
the direct relationship between SOV use and energy consumption. For the past 20 years, the US has consumed about
a quarter of the world’s petroleum production with the transportation sector accounting for 68 percent of U.S. consump-
tion. 6 Travel behavior experience shows that a once a person leaves home as a SOV driver, they tend to make virtually
all trips during that day in the car. In contrast, a transit rider tends to be a pedestrian at one or both ends of the transit
trip, and will make a majority of trips during the day as a pedestrian with the associated energy savings. 7 On average,
the typical public transit rider consumes half the oil consumed by an automobile user, responds to limited oil supplies
and is a clear step toward sustainability.

Public Transit As most transit riders are also pedestrians, closely related factors in sustainability are the potential air quality and health
benefits of increased transit use. Increased transit use is a traditional strategy to improve air quality. Alternatively fueled
INTRODUCTION vehicles, compared with private vehicles, produce 95 percent less carbon monoxide, 92 percent fewer volatile organic
Revised 3-18-09 compounds, 45 percent less carbon dioxide and 48 percent less nitrogen oxide on average per passenger mile. 8 Po-
tential health benefits result from improved air quality, increased activity levels and reduced stress. Transit users tend
While public transit has not been the dominate transportation mode in this country for the last 70 years, the United to walk more as the traditional urban settings that support pedestrians and transit generate about half the automobile
States once led the world in public transit use. 1 In the early part of the 20th century, the rapid population growth of trips of similarly sized modern-day suburbs. 9 Finally, in terms of fatalities per million miles of travel, all modes of transit
American cities provided ideal settings for introducing new transit technologies. are far safer than personal vehicles. Depending on vehicle type, transit is 26 to 79 times safer than auto travel, 10 result-
ing in an estimated 190,000 fewer deaths, injuries and accidents annually as well as $2 billion to $5 billion in safety
However, following World War I, Americans increasingly bought cars, such that by 1930 one in every four households benefits, based on 1994 data. 11
owned a car. Following World War II, the automobile became synonymous with the American way of life and essential
for accessing the single family detached homes, malls and office parks of an increasingly segregated land use pattern. While often overlooked, increased transit use also contributes to sustainability by improving both personal and regional
Levittown was a harbinger of the suburban development pattern fostered by Euclidian zoning with its strict separation of economics. A two adult “public transportation household”, defined as a household located within ¾ mile of public trans-
uses, curvilinear streets and minimum lot sizes. A variety of governmental programs further encouraged and directly portation, with two adults and one car saves an average $6,251 every year, compared to an equivalent household with
subsidized this type of greenfield development on the urban edge. These public policies ensured that most new devel- two cars and no access to public transportation service. Household savings on transportation also translate into signifi-
opment would occur away from transit lines and be almost entirely shaped by the automobile. cant regional effects. In the case of Portland, residents of the metro area drive an average of 4 miles per day less than
the average metro area, resulting in an estimated 2.9 billion miles of reduced vehicle travel, a direct cost savings to the
The near exclusive reliance on auto travel in most metro areas has produced a 75.7 percent single occupant vehicle
(SOV) commute mode share, peak hour vehicle occupancy of 1.08, increased travel times 2 and increasing congestion. 4
U.S. Department of Transportation, Federal Highway Administration, Office of Highway Policy Information, Traffic
The Texas Transportation Institute's periodic report on congestion shows that the average American annually spends Volume Trends, available at http://www.fhwa.dot.gov/, as of August 2007.
5
more than 47 hours in congestion with a resulting national cost of 3.7 billion hours of travel delay and 2.3 billion gallons American Public Transportation Association, Public Transportation Ridership Up In 2005, Media Advisory, April 4,
of wasted fuel with a total cost of more than $63 billion. 3 At the same time, road infrastructure funding is severely lack- 2006
6
ing for both maintenance and system expansion. Davis, Stacy, and Diegel, Susan, Transportation Energy Data Book, U.S. Department of Energy, Oak Ridge National
Laboratory, 2007
7
National Research Center, Mode Shift Report, 2003 for the City of Boulder, 2003.
1 8
Committee for an International Comparison of National Policies and Expectations Affecting Public Transit, Making Shapiro, Robert J. et al, Conserving Energy and Preserving the Environment: The Role of Public Transportation,
transit work : insight from Western Europe, Canada, and the United States, Transportation Research Board, National July 2002
Research Council. Transportation Research Board Special Report 257, 2001 9
2
American Public Transit Association, The Benefits of Public Transportation, The Route to Personal Health, 2003
Reschovsky, Clara, Journey to Work: 2000 Census 2000 Brief, March 2004 10
Litman, Todd, Evaluating Public Transit Benefits and Costs, Victoria Transport Policy Institute, 2006
3 11
Schrank, David, and Lomax, Tim, The 2005 Urban Mobility Report, Texas Transportation Institute, The Texas A&M Campaign for Efficient Passenger Transportation, Dollars and Sense: The Economic Case for Public Transportation
University System, May 2005 in America, June 1997

Sustainable Community Development Code Beta version 1.2 57

 region of $1.1 billion and time cost savings of $1.5 billion. 12 These travel cost savings results in an estimated $800 mil- zoning codes are based on a shaky foundation of limited data and a misunderstanding of its meaning, 15 and are the
lion dollars staying within the local economy. single biggest obstacle to creating a pedestrian and transit supportive environment. Even in transit poor environments,
the simple strategy of parking cash out that allows the employee to choose to buy parking or keep the cash, results in at
While the relationship between fixed guideway transit, such as light rail and passenger rail, and land use change is well least an 11 percent mode shift away from the SOV. 16 While politically difficult, the careful modification of parking re-
documented in the material related to transit oriented development (TOD), for most communities a majority of their tran- quirements and pricing as part of a comprehensive TDM program in bus served corridors is the surest and most signifi-
sit service will be bus-based. Bus-based transit has only been marginally integrated into land use planning and the de- cant change that a local community can undertake to support transit.
velopment process as it is often seen as temporary. A recent survey of bus-based planning efforts notes,
GOALS
Prominent and permanent strategies for moving toward a bus-based, transit supportive community include enhancing 1. Increased transit usage by increasing population within the trip shed of transit service and increasing density
the pedestrian environment, changing land use, operational improvements to maintain or increase transit speeds, im- and mix of uses
proving passenger amenities and information, and transportation demand management measures including managed 2. Eliminate barriers to transit use such as excessive parking requirements and poor pedestrian and bicycle
parking. access to transit facilities
3. Promote incentives to increase transit use such as transit fare free zones, reduced impact fees, reduced park-
In addition to good pedestrian design, density and a mix of land uses support pedestrians and transit use. The standard
ing requirements
guidelines are shown in the table below:
4. Enact standards that will result in Increase in pedestrian, bike and transit mode share
Communities can also invest in passenger amenities, including features that increase the security, comfort and certainty
of the transit patron. These commonly include fully accessible bus stops, lighting, shelters, seating, and route informa- IMPLICATIONS OF NOT ADDRESSING THE ISSUE
tion but can now include real time information on bus arrival times and bus location. Such improvements have a docu- 1. Without an increased modal share of public transit to reduce vehicle miles traveled (VMT), we will be unable to
mented positive effect on passenger satisfaction and attraction, 13 and are things that can be required of developers successfully reduce GHG
through the local development review process. 2. We will be unable to successfully address the social injustice concerns for the 30% of Americans who do not
drive an automobile
Finally, communities can include ongoing requirements Transit Service Level 3. American cities will continue to sprawl in an unsustainable fashion as rail expansion and transit oriented devel-
and programs for transportation demand management. Minimum Residential Density opment will only be able to accommodate a relatively small proportion of future population growth
Transportation demand management (TDM) is a program Dwelling 4. Continued dependence on fossil fuels will further hasten the transition to a renewable energy economy
of specific strategies that promote more efficient use of Units/Acre
the existing transportation system by influencing travel Minimum Bus Service 4 POTENTIAL SUSTAINABILITY MEASURES:
behavior in terms of the time, route or mode selected for (once an hour or longer) 1. Percent of population within the trip shed of transit service, defined by transit type and service levels. For example, 80%
a given trip. TDM strategies manage the demand placed
Intermediate Bus Service 7 of employees and dwelling units will be located within a half mile of a transit stop
on the transportation system by increasing travel choices;
(two to three times an 2. Increase in pedestrian, bike and transit mode share within the transit service area, for both work and non-work
encouraging the use of alternate modes – carpooling,
hour) trips
vanpooling, public transit, bicycling, walking, and tele-
Frequent Bus Service 15 3. Increase in density and mix of uses within TODs and transit service corridors
working; and, reducing the incentives to use the single-
(more than three times 4. Percentage of those living in TODs and transit corridors that use transit
occupant vehicle.
an hour) 5. Percent of managed parking within major destinations, and ultimately within the transit service area
Light Rail 9 6. Improvement in pedestrian facilities LOS. For example, all parcels within a quarter mile of a transit stop should
While a variety of TDM strategies can be applied and in-
cluded in the development review process, managed and Rapid Rail 12 be served by pedestrian facilities operating at Level of Service C or better.
paid parking has been shown to have the greatest effect Commuter Rail 2
on land development and transit use. Donald Shoup pro-
vides the definitive analysis of the effects of free parking 14 and has documented repeatedly that excessive parking re-
quirements are almost universally required by local governments. The minimum parking requirements contained in most

12
Cortright, Joe, Portland’s Green Dividend, A White Paper from CEOs for Cities, July, 2007
13 15
Kittelson & Associates, Inc., KFH Group, Inc., Parsons Brinckerhoff Quade and Douglass, Inc., and K. Hunter- Shoup, Donald, The Trouble with Minimum Parking Requirements, Transportation Research Park A 33, p. 549-574,
Zaworski. 2003. TCRP Report 100: Transit Capacity and Quality of Service Manual, 2nd Edition. Washington, D.C.: Pergamon, 1999
16
Transportation Research Board. Shoup, Donald , Evaluating the Effects of Parking Cash Out: Eight Case Studies, prepared for the California Air
14
Shoup, Donald, The High Cost of Free Parking, Planners Press, 2005 Resources Board, 1997

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PUBLIC TRANSIT
KEY STATISTICS:
 For the past 20 years, the US has consumed about a quarter of the world’s petroleum production with the transportation sector consuming 68 percent of that. 17
 National increases in vehicle miles of travel (VMT) flattened in 2003, began declining in 2006 and dropped 3.6 % for the year ending in July 2008. 18 Since 2005, for the first time in nearly a century, national transit ridership has increased faster than the increase
in VMT. Since 1995, transit ridership is up 25.1 percent compared to a 22.5 percent increase in VMT. 19 The current use of public transportation reduces U.S. gasoline consumption by 1.4 billion gallons each year or almost 4 million gallons a day 20 compared to
a total U.S. daily consumption of about 59 million gallons and reduces carbon emissions by 37 million metric tons annually. 21 Record transit ridership was recorded in the second quarter of 2008 with an increase of 5.2 %. 22
 In the case of Portland, residents of the metro area drive an average of 4 miles per day less than the average metro area. This is estimated to result in 2.9 billion miles of reduced vehicle travel with a direct cost savings to the region of $1.1 billion and time cost
savings of $1.5 billion. 23 These travel cost savings results in an estimated $800 million dollars staying within the local economy
 Travel behavior experience shows that a once a person leaves home as a single occupancy vehicle (SOV ) driver, they tend to make virtually all trips during that day in the car. In contrast, a transit rider tends to be a pedestrian at one or both ends of the transit
trip, and will make a majority of trips during the day as a pedestrian.
 All modes of transit are far safer than personal vehicles in terms of fatalities per million miles of travel. Depending on vehicle type, transit is 26 to 79 times safer than auto travel 24, resulting in an estimated 190,000 fewer deaths, injuries and accidents annually
with $2 billion to $5 billion in safety benefits, based on 1994 data. 25
 A two adult “public transportation household”, defined as a household located within ¾ mile of public transportation, with two adults and one car saves an average $6,251 every year, compared to an equivalent household with two cars and no access to public
transportation service. These household savings are significant when put in perspective of other household expenditures, which included an average of $5,781 spent on food, $6,848 spent on mortgage interest and fees, and $3,925 in mortgage principal in
2004. These savings are due to driving less, walking more, and owning fewer cars. 26
 Transit will only attract discretionary travelers if travel time, cost, comfort and safety are comparable or better than automobile travel. Waiting times and transfers have particularly high costs but these can be reduced by high frequency service and improved
traveler information. 27 Experience in Boulder, Colorado shows that transit frequencies of 10 minutes or less are perceived as “schedule free” and that a frequent schedule is a primary desire of choice riders.
 Depending on their level of implementation, operational improvements and BRT service have resulted in a 30 to 200 percent increase in transit ridership 28, and there is growing evidence that the permanent investment in these bus based transit facilities can
produce the kind of real estate investment that results from rail transit.
 Transit use is strongly supported by Transportation Demand Management efforts, particularly managed parking. Even in transit poor environments, the simple strategy of parking cash out, allowing the employee to choose to buy parking or keep the cash, re-
sults in at least a 11 percent mode shift away from the SOV. 29 In Boulder, Colorado, paid parking in the downtown and University activity centers is a major contributor to increasing alternative mode share by a factor of two to six times over Boulder employees
as a whole. 30 Free parking is hug subsidy to SOV use and the requirements for excessive parking are generally the largest impact fee imposed on new development. 31
 Transit operations are poorly integrated into land use planning or ignored. Bus transit elements are not often considered when planning land developments. One survey revealed that many transit agencies are frustrated by the lack of impact that they have on
land development plans. 32

17 Davis, Stacy, and Diegel, Susan, Transportation Energy Data Book, U.S. Department of Energy, Oak Ridge National Laboratory, 2007
18 U.S. Department of Transportation, Federal Highway Administration, Office of Highway Policy Information, Traffic Volume Trends, available at http://www.fhwa.dot.gov/, as of August 2008.
19 American Public Transportation Association, Public Transportation Ridership Up In 2005, Media Advisory, April 4, 2006
20 Bailey, Linda, Public Transportation and Petroleum Savings in the U.S.: Reducing Dependence on Oil, ICF International, January 2007
21 U.S. Energy Information Administration (2006). Petroleum Navigator, Accessed at

http://tonto.eia.doe.gov/dnav/pet/pet_pri_gnd_dcus_nus_a.htm
22 American Public Transportation Association, Public Transportation Ridership Surges in 2nd Quarter, News Release, September 9, 2008
23 Cortright, Joe, Portland’s Green Dividend, A White Paper from CEOs for Cities, July, 2007
24 Litman, Todd, Evaluating Public Transit Benefits and Costs, Victoria Transport Policy Institute, 2006
25 Campaign for Efficient Passenger Transportation, Dollars and Sense: The Economic Case for Public Transportation in America, June 1997
26 Bailey, Linda, Public Transportation and Petroleum Savings in the U.S.: Reducing Dependence on Oil, ICF International, January 2007
27 Litman, Todd, Valuing Transit Service Quality Improvements, Journal of Public Transportation, Vol. 11, No. 2, 2008
28 National Bus Rapid Transit Institute Web site, http://www.nbrti.org/ , accessed 10/1/07
29 Shoup, Donald, Evaluating the Effects of Parking Cash Out: Eight Case Studies, prepared for the California Air

Resources Board, 1997

30 National Research Center, Boulder Valley Transportation Survey: Comparison of Survey Results, prepared for the city of Boulder, 2005
31 Shoup, Donald, In Lieu of Required Parking, Journal of Planning Education and Research, 18:307-320, 1999
32 Transit Cooperative Research Program, Bus Transit Service in Land Development Planning, TCRP Synthesis 67, 2006

Sustainable Community Development Code Beta version 1.2 59

Sustainable Community Development Code Framework

PUBLIC TRANSIT

ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove Ob-  Minimize planning and discretionary review  Allow or encourage the transit agency to  Implement best practices for  Nabors et al. (February 2008). Fed- Silver
stacles time for projects in transit zones that are tran- participate in development reviews relative pedestrian facility design and eral Highway Administration. Pede-  City of Portland. Zoning Code,
sit supportive to the location of transit amenities maintenance to provide safe strian Safety Guide for Transit Section 33.130—Commercial
 Establish agreements to facilitate the location  Remove or greatly reduce use restrictions access to transit facilities (see Agencies. online. Retrieved March Zones (see Mixed Commer-
of transit facilities such as benches, trash within the zoning code to create mixed use Pedestrian and Bicycle Sys- 17, 2009. cial/Residential Zone). online.
cans and transit shelters in the public right-of- environments allowing a variety of needs to tems chapter)  For multimodal corridor descriptions Retrieved March 17, 2009.
way with clear understandings for mainten- be met locally as a pedestrian  Remove parking minimum that include community character
ance and capital replacement requirements from the zoning and land use see Redmond, Wash-
code (see Parking chapter) ington’s Transportation Master Plan.
City of Boulder, CO. Transit online. Retrieved March 17, 2009.
Village Plan  Tri-Met, Portland, Oregon’s regional
transit agency, has a coordinated
plan for bus stop management cov-
ering design, partnerships and main-
tenance: Bus Stop Guidelines 2002.
online. Retrieved March 17, 2009.
 WalkBoston,a local non-profit, con-
ducts a bus stop audit program to
improve safety and access
Create Incen-  Provide enhanced transit information at loca-  Create a transit fare free zone for the  Within transit overlay zones,  Transportation Research Board,  Williams, Kristine M. and
tives tions throughout the community downtown or other major activity centers provide incentives to lan- Transit Cooperative Research Pro- Seggeman Karen E. (April 2004).
 Reduced impact fees for transit oriented de-  Allow for reductions in off-street parking downers for pedestrian and gram. Understanding How to Moti- National Center for Transit Re-
velopment requirements over time that correspond to transit supportive develop- vate Communities to Support and search. Model Regulations and
increases in development based on the ment by reducing off-street Ride Public Transportation, TCRP Plan Amendments for Multimodal
changing character of the area, Transporta- parking requirements, en- Report 122. online. Retrieved Transportation Districts. See
tion Demand (TDM) programs and travel couraging shared parking, March 17, 2009. Section 11: Incentives and Sec-
behavior change and allowing for increased  Jeffrey Brown et al. Fare-Free Pub- tion 5 Parking. Available online.
density and a mix of uses lic Transit at Universities. Journal of Retrieved March 17, 2009.
 Take actions to maintain transit travel
times, such as transit signal priority Planning Education and Research,  City of Mountain View, CA. Zoning
23:69-82. Ordinance, Article III, Section.
 Harriet Smith et al. (May 2005). 36.22B. Transit (overlay) District.
Transit Signal Priority (TSP) A Plan- online. Retrieved March 17, 2009.
ning and Implementation Handbook.
Bicycle carrier on bus,
Boulder, CO
USDoT.
 Bus Rapid Transit: A Handbook for
Partners. (Feb. 2007). CalTrans.

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations

Sustainable Community Development Code Beta version 1.2 60

Sustainable Community Development Code Framework

PUBLIC TRANSIT
Enact Stan-  For developments producing an established  Require that buildings front the street with  Include an ongoing TDM pro-  Shoup, Donald. (2005). The High  U.S. Green Building Council.
dards threshold of trips require transit stop en- visible and accessible entrances serving gram in development review Cost of Free Parking. Chicago: LEED ND. See Credit 8 Street
hancements such as weather protection, sys- pedestrians and transit patrons requirements, including con- American Planning Association. Network. online. Retrieved
tem information, bicycle parking and lifetime  Add on-street parking to bring activity to the tinued funding and monitoring  Litman, Todd. (2006). Smart Trans- March 17, 2009.
maintenance guarantees street and define the pedestrian space. On of progress. portation Investments II, Reevaluat-  Williams, Kristine M. and
 Require a high quality pedestrian design envi- street parking is essential to supporting  Establish parking maximums ing the Role of Public Transit for Im- Seggeman Karen E. (April 2004).
Bus shelter with amenities ronment within major destinations and in the business entrances fronting the street and unbundled parking re- proving Urban Transportation. Victo- National Center for Transit Re-
transit service area  Implement transit overlay zones within high quirements in transit overlay ria Transportation Policy Institute. search. Model Regulations and
 Require a complete and connected grid of service transit corridors to incentivize tran- zones. online. Retrieved March 17, 2009. Plan Amendments for Multimodal
streets at a pedestrian oriented scale of 300- sit supportive development (see Incentives  Establish and expand paid  Litman, Todd. (2006). Evaluating Transportation Districts. See
400 foot block faces; alternatively, establish a section) parking at major destinations Public Transit Benefits and Costs, Section 6 Transit Facilities and
maximum block perimeter of, for example,  Specify minimum densities or height re- with high levels of multimodal Best Practices Guidebook. Victoria Section 7 Sidewalks and Pede-
1320 feet quirements in select areas in the immediate access. Transportation Policy Institute. on- strian Facilities. Available online.
 Alternatively, achieve a street grid density of transit zone line. Retrieved March 17, 2009. Retrieved March 17, 2009.
greater than 30 (centerline miles/square mile)  Hendricks, Sarah et al (March 2002.)  City of Boulder, CO. Transit Vil-
 For blocks greater than 660 feet in length, Land Developer Participation in Pro- lage Area Plan, This richly de-
Pedestrian cut through to require a pedestrian and bicycle mid-block viding for Bus Transit Facilities and tailed plan provides very clear
transit stop connection Operations. Center for Urban Trans- guidance for future development,
portation Research. online. Re- including enhanced bus stops and
 Increased density and housing choices in
trieved March 17, 2009. ways for mitigating the impact of
transit zones
 Transit Research Board, Transit park-n-ride lots. online.
 Include transit level of service in the traffic
Cooperative Research Program.  Miami-Dade County. Municipal
impact assessment required through the de-
(2006). Bus Transit Service in Land Code Sec. 33C-2. Rapid Transit
velopment review process
Development Planning, TCRP Syn- Zone. online. Retrieved March
thesis 67. online. Retrieved March 17, 2009.
17, 2009. Silver
 City of Portland. Zoning Code,
Section 33.130.242 Commercial
Zones, Transit Street Main En-
trance. online. Retrieved March
17, 2009.
 City of Mountain View, CA. Zoning
Ordinance, Article III, Section.
36.22B. Transit (overlay) District.
online. Retrieved March 17, 2009.

Sustainable Community Development Code Beta version 1.2 61

STRATEGIC SUCCESS FACTORS
Regulatory tools must be grounded in solid comprehensive policy planning and accompanied by competent administration and supportive programs.

PLANNING POLICY
1. Include public transit policy in the comprehensiv plan and transportation plan
2. Plan to ensure that adequate land is available for transit support facilities.
3. Include transit agencies in all relevant development review processes
4. Incorporate mobility oriented policies in all transit and transportation planning policy efforts.

PROGRAMS & ADMINISTRATION

1. Support transit promotions such as fare free days or free transit service for special events.
2. Target promotions for transit based on research and values that resonate in your community.
3. Create or support a subsidized transit pass program allowing businesses and neighborhoods to buy annual passes in bulk.
4. Create a community transit pass program providing an annual transit pass to all residents and employees in the community.
5. Create comprehensive and sustainable transportation demand management (TDM) programs as part of transit overlay zones that manage parking and promote walking, biking and transit use
6. Create a dialogue between city planners and city transit organizations to help plan transit stops and sites most likely to benefit from TOD
7. Work with transit providers to ensure frequent, high quality service and implement improvements in travel time and reliability
8. Capital investments can also be made to maintain or enhance bus-based transit service. These operational improvements are intended to either improve bus travel times to increase competitiveness with the auto, or to maintain travel times
to preserve the frequency of service without needing to add additional vehicles. Techniques that can be implemented by a local jurisdiction include:
a. Dedicated bus lanes or bus/bike lanes that remove the bus from congestion;
b. Signal priority/preemption which gives the bus priority through signalized intersection;
c. Queue jump lanes allowing the bus to move to the front of the queue at signalized intersections; and,
d. Improved passenger loading facilities to reduce stop dwell time such as level boarding platforms or prepaid fare facilities.

Sustainable Community Development Code Beta version 1.2 62

Parking IMPLICATIONS OF NOT ADDRESSING THE ISSUE
• Inconsistency between the market value of on-street parking versus off-street parking, leading to:
o Financial loss to municipalities for failure to charge market value for on-street parking, where market
1
INTRODUCTION value is set by off-street parking
Parking is an often overlooked factor of the urban design equation; in the o Increased traffic congestion and gasoline use due to cars cruising for free or cheaper on-street parking
typical American downtown between 30 and 40 percent of land is consumed
by parking spaces. 2 According to the 1990 Personal Transportation Survey, • Duplicative resources spent to provide minimum parking for each business in the zoned area, where several of
parking is free for 99 percent of all automobile trips. 3 As a result, individuals the businesses do not have the actual parking demand assumed by the minimum parking standards, leading to
have an incentive to make single occupancy trips at any time of the day. These o Financial loss for developers and businesses in creating and providing parking where the actual
decisions have huge social and environmental costs that are often ignored. demand does not meet the perceived demand
While each individual may be acting rationally, the collective outcome is most
decidedly irrational; this is evidenced in the increased traffic congestion and all o Financial losses are then passed on to consumers
its attendant costs, sprawling urban environments, increased vehicle miles o Urban sprawl due to increased amounts of land being dedicated to meet the perceived demand
traveled, and clogged streets due to cruising for parking. In addition, though
drivers perceive parking to be “free,” parking is actually enormously expensive. • Urban sprawl where destinations and developments are separated by increasing amounts of land dedicated to
Parking expert Donald Shoup has noted that, “[We] don’t pay for parking in our surface parking, leading to:
role as motorists, but in all our other roles – consumers, investors, workers, residents, and taxpayers – we pay a high o Reinforced behavior that multiple trips will be needed to reach each destination
price. Even people who don’t own a car have to pay for ‘free parking.’” 4
o Inefficiencies in travel between destinations
The costs of parking are tremendous and go largely unnoticed. Newer, multi-level parking structures can cost in excess
o Environmental loss due to meeting perceived demands for surface parking created by increased urban
of $30,000 per space. While open parking lots are relatively inexpensive, there is an obvious land-use cost involved: the
sprawl
land could be put to more valuable use. Since there are many more parking spaces than there are cars, conservative
estimates tell us that the parking supply is worth at least twice as must as the total value of the nation’s vehicle stock. 5 o Environmental health concerns due to watershed issues where surface parking replaces natural
In addition, the average price of a multi-level or underground structure exceeds the average price of a new car. When drainage and runoff systems.
maintenance and construction are added together, each structure parking spaces costs at least $125.00 a month. 6
Additionally, it is estimated that the average structure parking space has an external cost of $117.00, which comprises
negative externalities like emissions and congestion. 7 As noted above, we essentially do not pay for parking as drivers; GOALS FOR PARKING
instead these high costs dissolve into every product we buy and every place we visit.
• Identify the barriers developers and municipalities face when setting and enforcing parking standards
The challenges presented are often the result of municipal zoning codes that require developers to provide minimum
parking. Minimum requirements in turn are due to demand assumptions which often fail to account for alternative means • Identify alternative parking standards based on model practices
of transportation. Failure to implement alternatives results in the aggregate financial, social and environmental costs. • Create model codes that eliminate minimum parking standards; encourage alternative means of transportation;
and reduced need for single occupancy trips
Communities are now addressing these costs through model codes designed to limit car use and parking demand.
While some communities are new to model code adoption, communities from California to Germany are actively • Create incentives for developers to adopt model parking practices in order to build sustainable urban
reducing car use and parking demand by basing development on model parking codes. 8 As a result developments are environments
building sustainable urban environments where hidden parking costs are diffused and eliminated.

1
Image: http://images.salon.com/news/feature/2007/10/01/parking/story.jpg
2
Gibbons, John. NonPoint Education for Municipal Officials, Vol. 5.
http://nemo.uconn.edu/tools/publicaitons/tech_paper_5.pdf.
3
The 1990 Nationwide Personal Transportation Survey, http://npts.ornl.gov/npts/1990/index.html
4
Shoup, Donald. The High Cost of Free Parking. Chicago, IL: APA Planners Press, 2005. p. 2
5
Ibid., 209.
6
Ibid., 210
7
Ibid., 191
8
Housing plus Mobility - Wohnen plus Mobilität http://www.wohnen-plus-mobilitaet.nrw.de/home/index.html

Sustainable Community Development Code Beta version 1.2 63

DRAFT Sustainable Community Development Code Framework

PARKING
KEY STATISTICS:
 30 – 40% of urban land is consumed b parking spaces 9
 Parking is free for 99 percent of all automobile trips. 10
 Parking charges key to short and long term reduction in automobile traffic congestion according to a RAND Corporation study 11
 Parking structure spaces average $125.00 per month when accounting for construction and maintenance expenses. 12
 Case Study: SAFECO: Providing alternative commute and parking options for employees resulted in a company saving of $230,000 per year after the cost of alternative incentives versus cost of building additional parking. 13
ACHIEVEMENT LEVELS (note: higher levels generally incorporate actions of lower levels)
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove • Establish parking • Establish parking reduction • Eliminate minimum off Bronze Bronze
Obstacles requirements based on standards to baseline trip and street parking standards • Local surveys will reflect the • Unbundled Parking: City and County of
local surveys of average parking generation • Allow for car free actual parking demand, San Francisco. (2008). City and County
occupancy rather than peak • Allow for purchase of parking developments in preventing excessive supply of San Francisco Municipal Code
demand credits for existing or proposed commercial, residential Planning Code (Art. 1.5 Sec. 167).
• Unbundling parking allows for
• Unbundle parking parking spots instead of building and/or mixed use districts optional contract by need Available online. Retrieved November 2,
requirements from required parking 2008.
• Shared parking recognizes
individual residential units • Shared Parking: see, South Carolina
principle of captive market, to
• Require new or significant collectively provide for actual Department of Health and
redevelopments to examine demand Environmental Control. Shared Parking
Figure 1: The 2,000-home Quartier the feasibility of shared Model Ordinance. Retrieved November
Vauban development outside Freiburg, Silver 2, 2008. Available online.
parking plans
Germany, promotes a car-free lifestyle. • Reduce standards and Silver
Caption:ABCNews.com. Citation online. requirements by utilizing
shared parking credits and • Reduction standard-City of
shared parking Chattanooga. Chattanooga Zoning
Regulations (Art.V. 1705). Retrieved
Gold October 30, 2008. Available online.
• Minimum off street parking Gold
requires development of
unnecessary parking • Car Free Development – London Car
Free Contract and ordinance language,
• San Francisco ordinance 129- Retrieved November 12, 2008. Available
Figure 2: 06 amended city planning code
SFpark pilot projects enable the city of online.
to eliminate minimum off street
San Francisco to better manage and parking: see, Liveable City • Elimination of minimum parking
identify actual parking and transit Downtown Parking Reform. requirements: San Francisco Planning
needs which include demand- Retrieved November 2, 2008. Code. Retrieved December 31, 2008.
responsive pricing. Citation online. Available online. Available Online.
•

9
Gibbons, John. NonPoint Education for Municipal Officials, Vol. 5. http://nemo.uconn.edu/tools/publicaitons/tech_paper_5.pdf.
10
The 1990 Nationwide Personal Transportation Survey, http://npts.ornl.gov/npts/1990/index.html
11
Derry, Clark Williams. (2008). Fighting Congestion, RAND-style, from Gristmill, December 19, 2008..Web site: http://gristmill.grist.org/story/2008/12/18/162810/49?source=weekly. Available online. Retrieved 1-5-09.
12
Shoup, Donald. The High Cost of Free Parking. Chicago, IL: APA Planners Press, 2005. P 10.
13
Environmental Protection Agency. Parking Spaces, Community Places: Finding a Balance through Smart Growth Solutions. Retrieved November 7, 2008. http://www.epa.gov/piedpage/pdf/EPAParkingSpaces06.pdf#page=10

Sustainable Community Development Code Beta version 1.2 64

 Create • Create parking benefit • Encourage and recognize car • Reduced development Bronze Bronze
Incentives districts sharing programs, transit passes review time and processing • Parking benefit districts should • Parking Benefit District: see City of
and other employee incentives to costs; create tax be small enough to create the Austin (TX), Parking Benefit District Pilot
• Promote feasibility of
reduce automobile use incentives, and design incentive to charge for curb Program. Retrieved November 2, 2008.
shared parking plans
assistance for car-free parking, but large enough to Available online.
through “captive market” • Reduced parking requirements for
developments efficiently spend revenue
parking requirements to proximity to transit, bicycle facilities, • Captive Market Parking: see, South
eliminate duplicative pedestrian facilities • Reduced parking • Allow increased meter revenue Carolina Department of Health and
parking requirements for requirements for providing to stay in the parking benefit Environmental Control. Shared Parking
Figure 3: Illustration of Santa Monica Shared • Reduce parking
business ancillary to a main transit, bicycle facilities, district and go to City’s general Model Ordinance. Retrieved November
Parking. Citation online. requirements for mixed use
or adjacent building pedestrian facilities fund 2, 2008. Available online.
and transit-oriented
• • Offer density bonuses for developments
transportation demand • • Grant credit for on-street Silver • Denver, CO: Density bonus for
management programs that parking adjacent to implementing a transportation
include transit passes, • In lieu parking options allow for
development.
alternative means of demand management program
car/bike sharing, van pools,
work-at-home, and other • • Create incentives for transportation in exchange for Silver
options. structured parking (e.g., do reduced employer-provided • Proximate Transit and Reduction:
not count structured parking parking
against FAR or height limits). County of San Bernardino. 2007
Development Code (83.11.050)
Gold Retrieved October 30, 2008.
• Local Government Available online
Commission. Executive • Eugene: In mixed use and TOD areas,
Summary to Smart Growth city will reduce or eliminate on-site
Zoning Guides: A Resource parking requirements.
Guide. Retrieved October 30, • Austin: Minimum off-street parking
2008. Available online. requirements can be reduced based on
adjacent on-street parking, or on car-
sharing programs or provision of shower
and locker facilities.
• Laramie, WY, gives credit for on-street
parking.
• Orange County, FL (Orlando), does not
count structured parking towards
allowed FAR or height.

Enact • Set maximum parking • Municipal recognition of automobile • Employers provided with in Bronze Bronze
Standards requirements sharing programs lieu options to mandatory • Maximum parking requirements • Shared parking, see: Duany, Andres,
• Permit shared parking • Set street parking fees to market parking requirements prevent unnecessary parking Sandy Sorlien, and William Wright.
value established for off street (trans passes, parking development SmartCode V. 9 and Manual. New
• Permit street parking cash out)
on all streets except parking • Shared parking reduces the Urban Publications, 2008. Retrieved
Unbundle parking from individual • Calculate standards on the total combined parking October 29, 2008. Available online.
major inter-urban •
thoroughfares residential units in multi-family basis of all available requirements when multiple • South Carolina Department of Health
Figure 4: City of Pleasanton’s ride share parking within proximity
development to reduce housing forms of building use share one and Environmental Control. Shared
program, pRide, offers city employees cash
out options for using alternative means of costs or more established parking Parking Model Ordinance. Retrieved
transportation to commute to work. Citation spaces November 2, 2008. Available online.
online. Silver Silver
• Municipal recognition of • Shared Parking, see: City and County
automobile sharing programs of San Francisco. (2008). City and
reduces individual automobile County of San Francisco Municipal

Sustainable Community Development Code Beta version 1.2 65

 use in exchange for parking Code Planning Code (Art. 1.5 Sec.
provisions. Participating 166). Retrieved October 12, 2008.
individuals have incentive to Available online.
couple trips into single trips and
schedule use, thereby reducing
unnecessary individual Gold
automobile travel. • Employer in lieu options: City of
Pleasant pRide Program. Retrieved
December 31, 2008. Available online.

Sustainable Community Development Code Beta version 1.2 66

Public Participation and Community Benefits
Essentially the differences between the minimum legally required methods and collaborative ap-
Revised 2-12-09
proaches include: one-way talk vs. dialogue; elite or self-selected vs. diverse participants; reactive
vs. involved at the outset, top-down education vs. mutually shared knowledge; one-shot activities
Public Participation vs. continuous engagement; and use for routine activities vs. controversial choices.
Public participation has the potential to create better-quality land use decisions through informed
The promising benefits of collaborative approaches is particularly worth noting Research by the
and timely input from the public and a process that encourages collaborative problem solving.
Consensus Building Institute evaluating the voluntary use of collaborative mediations to resolve
State statutes and local codes establish the legally required minimums for public participation, but
land use disputes revealed that over 60% of the analyzed cases concluded in an agreement. 5
minimums typically fail to meet these basic goals and can be counterproductive. The process of-
ten antagonizes the public and discourages busy and thoughtful individuals from participating.
Public hearings are particularly notorious for creating an adversarial context that is not conducive Community Benefits
to collaboration and problem solving. Citizens and stake-holders have little or no input on the A Community Benefits Agreement (CBA) is a project-specific, legally binding, and enforceable
agenda, are given limited time, are often ignored unless agreement between those who control a parcel of land and key community stakeholders, frequent-
represented in overwhelming numbers, and the distribu- ly but not exclusively on redevelopment projects. Agreements typically call for a range of benefits
tion of power is evident in a physical layout and the rules to be produced by the project such as affordable housing, environmental cleanup, green building
for speaking, creating an “us vs. you” situation. 1 standards, smart growth principles of density and proximity of uses, green space, recreation facili-
ties and job guarantees.
The shortcomings of this approach have long been rec-
ognized since Sherry Arnstein’s seminal article on the
value of participation described in terms of a ladder of CBAs arose outside formal land use systems to redress imbalances in information and power that
citizen power ranging from a complete lack of power communities encountered within those systems. As a mater of social equity in redressing these
through manipulation to the highest degrees of citizen impacts the Community Benefits movement has grown in the past decade, complementing an
power of partnership, delegated power and complete citi- older and somewhat moribund planning advocacy movement.6While CBAs are negotiated be-
zen control. 2 tween private parties, local government entities often are involved in negotiations in order to en-
The American Planning Association’s own recommenda- sure consistency with governmental goals for the project, and often incorporate benefits that are
tions in the Growing Smart Legislative Guidebook essen-
Sherry Arnstein’s Ladder of Citizen Participation first negotiated in a CBA into required project conditions. Models from around the country include
tially reiterates the highly ritualized standard bilateral de- mixed use developments such as the Staples Center expansion in Los Angeles and the Chero-
cision making process with a nod toward optional multi-lateral approaches.3 kee-Gates Development in Denver.

Recent academic literature and practice is moving toward a more collaborative multi-lateral ap-
proach that includes not only citizens, but also organized interests, profit-making and non-profit Community Benefits can also be achieved through substantive policy standards for housing, job
organizations, planners and public administrators. quality, job targeting, business development, or environmental sustainability requirements that
would apply to all projects that meet an established threshold (such as size of parcel, types of land
The purpose of participation is three-fold: 1) for decision makers to learn about the public’s prefe- uses involved, level of public subsidy, etc). Some cities have required slates of community bene-
rences, 2) to improve decisions with local knowledge, and 3) to advancing fairness and justice. fits for a range of projects in particular redevelopment project areas, such as Park East neighbor-
With this in mind, a much broader range of participation techniques is being pursued, ranging from hood in Milwaukee, and the Beltline transit district.
design charettes to key-pad polling and consensus building mediations, town meetings, interactive
cable and web-based dialogues, citizen panels, workshops and focus groups. 4

1 See Judith E. Innes & David E. Booher, “Reframing Public Participation: Strategies for the 21st Century,” in Planning Theory & Practice (Vo- 4 See Alejandro Esteban Camacho, “Mastering the Missing Voices: A Collaborative Model for Fostering Equality, C0mmujity Involvement and
lume 5, No. 4, December 2004) 419-436. See also William Klein, “Building Consensus,” The Practice of Local Government” (Washington: Adaptive Planning in Land Use Decisions,” Stanford Environmental Law Journal Vol. 24: 270-330) and Ken Snyder “The Need For Improved
ICMA, 2000), 423-438. Democracy In Planning,” Planetizen, September 29, 2005, available at http://www.planetizen.com/node/17469, last viewed August 20, 2008.
2 See Sherry Arnstein, “A Ladder of Citizen Participation,” Journal of the American Institute of Planners 35, 216-224. 5 See Consensus Building Institute, Study on the Mediation of Land Use Disputes, List of Key Findings (March 1999).
3 See Stuart Meck, General Editor “Chapter 8—Land Development Regulations,” Growing Smart Legislative Guidebook: Model Statues for 6 See “Community Benefits Agreements: The Power, Practice, and Promise of a Responsible Redevelopment Tool,” Monograph Series on

Planning and the Management of Change, (Chicago: American Planning Association, 2002), 8; 19-8-197. Neighborhood Development, the Annie E. Casey Foundation, 2007

Sustainable Community Development Code Beta version 1.2 67

Redevelopment and Community Benefits 3. Improved decision making with local knowledge provided by all stake-holders
Redevelopment often impacts vulnerable populations negatively through loss of affordable hous- 4. Advancement of fairness and social justice.
ing, gentrification, loss of jobs in close proximity and in the transfer of significant public funds to
wealthier groups. As a mater of social equity in redressing these impacts the Community Benefits
movement has grown in the past decade, complementing an older and somewhat moribund plan- SUSTAINABILITY MEASURES
ning advocacy movement. 7
• Degree of transparency and accountability of government staff
A Community Benefits Agreement is a project-specific legally binding enforceable agreement that • Amount of information available to the public early in the land use process to facilitate in-
call for a range of benefits to be produced by the development project. Common elements include formed input
affordable housing, environmental clean up, green building standards, smart growth principles of • Level of participation from all stakeholders, especially vulnerable
density and proximity of uses, green space, recreation facilities and job guarantees. • Degree to which process encourages collaborative problem-solving
Models from around the country include mixed use developments such as the Staples Center ex- • Limitation of direct displacement or indirect displacement of low-income or other vulnerable
pansion in Los Angeles, the Cherokee-Gates Development in Denver and Transit-Oriented devel- populations (linguistically isolated, elderly, disabled, etc.)
opments in the DC Beltline and in Atlanta. • Mechanisms to direct economic opportunities to community members with most need (local
hiring, job training opportunities, right of first refusal for non-profit to purchase parcels etc.)
• Degree to which wages for any jobs created match the price points of any housing created
(inclusion of low-income affordable housing to mitigate mismatch between low-wage jobs
and high end housing)
• Availability of independent scientific review of environmental results for high risk, high out-
rage projects
• Degree to which land use decisions strengthen a community’s ability to resist unwanted
change, such as ability to resist skyrocketing property values leading to gentrification, or
ability to resist concentrations of poverty that leave the area at risk for blight or disinvest-
ment
• Inclusion of locally owned businesses that retain and build community wealth

Cherokee Redevelopment of the Gates Rubber Factory, Denver, CO

IMPLICATIONS OF NOT ADDRESSING THE ISSUE

The lack of full citizen participation may result in insufficient information required for good decision
making, ballot box initiatives, lawsuits, extensive and unacceptable time delays and a lack of reso-
lution of critical issues. A failure to address community benefits may result in increased controver-
sy at time of project approval, disenfranchised populations, failure to meet basic ethical responsi-
bilities, and social injustice.

GOALS FOR PUBLIC PARTICIPATION

Public participation must achieve:
1. Provision of easy and accessible channels of communication
2. Full expression of the public’s preferences before decision makers

7
See “Community Benefits Agreements: The Power, Practice, and Promise of a Responsible Redevelopment Tool,”
Monograph Series on Neighborhood Development, the Annie E. Casey Foundation, 2007

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Sustainable Community Development Code Framework
PUBLIC PARTICIPATION, REDEVELOPMENT AND COMMUNITY BENEFITS
KEY STATISTICS:
• Minimum prescribed public participation processes are often insufficient and inflexible, giving citizens and stake-holders inadequate opportunity to influence outcomes 8
• Enhanced public engagement approaches: design charettes, consensus building mediations workshops and focus groups; and advanced communication techniques: key-pad polling, interactive cable and web-based dialogues,
are providing opportunity for expanded participation, better information, and increased information 9
• Vulnerable communities are often left out or poorly represented in decision making processes regarding redevelopment and environmental remediation and ultimately bear a disproportionate social and economic cost of envi-
ronmental impacts and redevelopment
• Community benefits agreements provide a means to provide a range of affordable housing, job quality and community amenity benefits for communities affected by development and redevelopment 10

ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove • Establish a threshold trigger for  Establish a matrix for government staff to  Avoid public meetings on par-  "Ensuring Meaningful Participation for • Minnesota Pollution Control
Obstacles greater outreach and deeper public evaluate environmental, social and eco- ticular evenings or days ob- Vulnerable Communities in Planning Agency. (1998) Draft Guide-
involvement for the following situa- nomic risk factors and level of public sen- served by particular religious & Environmental Clean-up lines on Community In-
tions: timent associated with a particular land groups or cultural minorities Processes," Rocky Mountain Land volvement in Risk-Based
• Where low-income residents are at use plan or decision, along with a pro-  Public meetings at times that Use Institute, Robin Kniech, Front Site Decision Making. Avail-
risk of direct displacement, or indi- gressive range of public input processes don't conflict with working Range Economic Strategy Center, able online. Retrieved 2-9-
rect risk as a result of increasing to ensure greater community input oppor- people's schedules and other September 17, 2007. Available on- 09.
Derby neighborhood meeting in a property values tunities on those projects with the highest important community events line. Retrieved 2-9-09.
local Mexican restaurant, City of • City of Boulder, Social Sus-
• Where there is real or perceived en- degree of risk  Georgia Stand Up. Alliance for Stra-
Commerce City, Colorado  Permit community members to tainability Strategic Plan,
vironmental contamination that pos-  For development or redevelopment appli- petition for an enhanced public tegic for New Directions and Unified 2007. Available online. Re-
es a moderate or higher risk to hu- cations and local jurisdiction initiated leg- participation process (such as Politics. Listen Up! Building Trust trieved November 21, 2008.
mans on the site or in the vicinity islative code changes amend and en- a public hearing) upon petition through Community Engagement
hance communication approaches that by 25 interested persons in the Report. Available online. Retrieved
• Where public funds or subsidies will
don’t reach diverse audiences---for exam- impacted area 2-9-09.
be involved in the land use (redeve-
ple, mere notices in the newspaper  Judith E. Innes & David E. Booher.
lopment project, public facility or  Require developers or owners
space, special taxing authority etc.)  Remove provisions that require longer seeking large-scale land use (2004). Reframing Public Participa-
and/or costlier public input processes for decisions to meet with key tion: Strategies for the 21st Century.
• For land use decisions or projects single property variances, so more atten- Planning Theory & Practice, Vol. 5,
exceeding a certain scope or size stakeholders regarding com-
tion and resources can be spent on larger munity benefits early in No. 4, 419-436. Available online.
(for example, those involving more scale land use decisions Retrieved 2-9-09.
than 5 acres) process
Image: Georgia Stand Up. Alliance
for Strategic for New Directions and
Unified Politics

8 See Judith E. Innes & David E. Booher, “Reframing Public Participation: Strategies for the 21st Century,” in Planning Theory & Practice (Volume 5, No. 4, December 2004) 419-436. See also William Klein, “Building Consensus,” The Practice of Local Government” (Washington: ICMA, 2000), 423-
438.
9 See Alejandro Esteban Camacho, “Mastering the Missing Voices: A Collaborative Model for Fostering Equality, C0mmujity Involvement and Adaptive Planning in Land Use Decisions,” Stanford Environmental Law Journal Vol. 24: 270-330) and Ken Snyder “The Need For Improved Democracy In

Planning,” Planetizen, September 29, 2005, available at http://www.planetizen.com/node/17469, last viewed August 20, 2008.
10 "Ensuring Meaningful Participation for Vulnerable Communities in Planning & Environmental Clean-up Processes," Rocky Mountain Land Use Institute, Robin Kniech, Front Range Economic Strategy Center, September 17, 2007. Available at www.law.du.edu/rmlui.

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PUBLIC PARTICIPATION, REDEVELOPMENT AND COMMUNITY BENEFITS

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations

• Eliminate or amend ordinances

that make jurisdictions legally re-
sponsible only to registered
homeowner's groups and other
formally recognized stakeholder
or referral entities
City Councilman Doug Linkhart joins • For public meetings provide child-
with the Campaign for Responsible
Development to support a public
care services, easy access to public
subsidy for the redevelopment of the transit and parking, and interpreters
Gates Rubber Company plant, Den- as needed
ver, CO. Copyright Tim Lopez.
Create • Expedite approvals for projects with • Hold public meetings in multiple locations • For complex and potentially • Derby District: Rediscover-
Incentives a community benefit agreement that and at various times of the day to ac- contentious land use matters ing a Destination; Master
includes legally binding provisions commodate diverse populations promote the use of an outside Plan for the Revitalization of
on jobs, housing and the environ- • Accommodate cultural or religious prac- mediator to facilitate multi- the Derby Sub-Area,” City of
ment tices by avoiding particular evenings or lateral collaborative dialogue Commerce City, Colorado,
• For public meetings provide food, days and consensus building April 2007. Available online.
snacks, free transit and parking • Promote stakeholder participa- Retrieved 2-12-09..
• Evening or week-end meetings may be
passes prioritized tion in issue identification
• Hold duplicate meetings if necessary to • Promote stakeholder participa-
accommodate all stake-holder groups as tion in generating information
needed and sharing
• Permit the establishment of a partnership with • Communication preferences
shared deliberation and decision making per- endorsed by stakeholders
mitting multi-party agreements • Make available public training
• For appropriate community benefits such
as inclusion of low-income affordable
housing provide incentives such as densi-
ty bonuses or parking reductions
Enact Process oriented
Standards
• Require developers to meet with imme- o For large, complex projects require mul- o Require a negotiated com- • American Planning Association. • Standards derived from prac-
diate neighbors, community stakeholders ti-day design charettes that are de- munity benefit agreement Growing Smart, p. 7-401 Public Par- tices of the City of Commerce
and local public officials to solicit input on signed to be an open and collaborative for land-use decisions meet- ticipation Procedures and Public City, Colorado, “Public
proposed projects during the pre- process and includes all interested par- ing established threshold Hearings. Health: Taking it to the
conceptual design phase and to establish ties. Complex projects may include the o Affected community can Streets," presentation made
an ongoing means of communication with following: directly enforce any com- at RMLUI's 16th Annual Land
the community throughout the design, o Rewriting Development Codes munity benefit agreements Use Conference, March 9,
construction and development stages o New Community Master Plan- or standards incorporated 2007.
• ning into the land-use decision .
o Specific Planning

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PUBLIC PARTICIPATION, REDEVELOPMENT AND COMMUNITY BENEFITS

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
• Require provision of clear and consistent o Redevelopment Projects • Standards derived in part from the • City of Ashland, OR (2000).
information about how the public en- o Affordable Housing Develop- following two papers: Citizen Participation Plan:
gagement process will be conducted, who ments 1. "A Delicate Balance: Technolo- Core Elements. Available on-
will receive input, how it will be analyzed, o Buildings gy vs. Organic Communications line. Retrieved 2-12-09.
how communicated and how final deci- Strategies in Public Engage- • For notice managed by the
sions will be made ment," Rocky Mountain Land local government jurisdiction
o Establish a minimum level of public Use Institute, Kendall Flint,
• Require independent facilitation for rede- disclosure and input for small scale land in cases of intimidation or lack
velopment projects that exceed a locally PMC (California), September of transparency, see The City
use decisions 17, 2007. Available at
established threshold size of Cape Town, South Africa’s
Charette in process. Image from o Require notice to residents and lan- www.law.du.edu/rmlui. “Public Participation Policy for
the National Charette Institute downers (not just landowners) in the 2. "Ensuring Meaningful Participation Land Use and Development
immediate vicinity for Vulnerable Communities in Applications,” Sections 3.4
o Establish multi-directional Interactive Planning & Environmental Clean- and 3.6., June 2001. Request
participatory public input opportunities up Processes," Rocky Mountain document through the Strate-
with known stakeholders Land Use Institute, Robin Kniech, gy and Planning office online..
o Prepare a Community Impact Report Front Range Economic Strategy Last viewed 2-12-09.
for all large-scale land use changes as Center, September 17, 2007. • See Glendale, Arizona’s
defined by this code. The report shall Available online. Retrieved 2-9-09. required citizen participation
include at a minimum the following:  An example of a tool that accom- report, Glendale, Municipal
Project overview, fiscal analysis, em- plishes targeted audience prefe- Code, Ord. No. 1952 Section
ployment analysis, affordable housing, rences is ESRI's Tapestry Program, 8, 7-22-97 and Section 31-26.
smart growth principles, environmental a commercial product that provides Available online. Retrieved 2-
quality and amenities (e.g. green space information by zip code on house- 12-09.
and parks), accessibility for the disabled holds, income, business data, fami-
• Minnesota’s Draft Guidelines
community, pedestrians and children, lies, community race and age,
on Community Involvement in
community and business analysis." among other categories.
Risk-Based Site Decision
 An assessment tool devoted to envi- Making. (1998) Available on-
ronmental justice issues is "The En- line. Retrieved 2-12-09.
vironmental Justice Strategic En-
forcement Assessment Tool"
(EJSEAT) developed by the U.S.
Environmental Protection Agency to
consistently identify areas with po-
tentially disproportionately high and
adverse environmental and public
health burdens. Available online. Re-
trieved 2-12-09.
 See LEED ND community outreach
and involvement credit 15. Available
online. Last viewed 2-12-09.
 For information on design charettes
see the National Charette Institute.
Available online. Retrieved 2-12-09.

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PUBLIC PARTICIPATION, REDEVELOPMENT AND COMMUNITY BENEFITS

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact Affordable Housing
Standards
• Inclusion of housing for families earning • Inclusion of housing for families at • Require a proportional match between Note: standards, definitions, and greater detail • City of Boulder Inclusionary
80-120% of AMI (or cash in lieu to fund 50-80% of AMI (amenities compa- wages for jobs created and housing on housing affordability and accessibility pro- Zoning Regulations. Available
creation of housing elsewhere) rable to market rate units) price points (if 20% of jobs pay mini- vided in the housing sections of the code online. Retrieved 2-12-09.
mum wage, 20% of housing affordable framework.
• Deed restrictions in place for 20-50 years • Percentage of affordable units • Housing provisions for families
family-sized (2+ bedrooms) to that level)
• One-for-one replacement of any demo- and affordability. City of Vancou-
lished low-income unites • Deed restrictions in place for 50+ • Inclusion of housing for families at all ver, BC, Canada. False Creek
years levels of AMI, including below 30% of North Official Development Plan.
• Relocation benefits and assistance AMI .Available online. Retrieved 2-6-
These iconic Vancouver towers • First preference for displaced resi- 09. Note that plans in Canada
dents in new units created • Require half of affordable units be fam-
include affordable housing. False ily-sized are generally adopted as by-laws
Creek North neighborhood, Van- • Phased redevelopment to facilitate and have the force of law.
couver, B.C., Canada. direct relocation from old units to • Inclusion of housing for most vulnera-
new and to minimize need for inte- ble: homeless, transition, disabled ,
rim housing representative of the neighborhood,
community or region as a whole
• Adopt policies that connect existing
low-income residents to benefits of • Require creation of units without per-
new land uses (see jobs/local busi- mitting cash-in-lieu
ness below) • Deed restrictions “permanent” (in per-
petuity, some cities use 99 year)
• Revolving loan fund for first/last month
rent and/or down payment assistance
• Financial assistance to move renters
into homeownership in anticipation of
conversion of rentals to for-sale
• Ensure permanent income diversity
through affordable housing
• 20% of units shall have a minimum of 2
bedrooms
Enact Amenities
Standards
• Space for non-profits or community ser- • Require needed neighborhood- • Financial support for community services Code examples forthcom-
vices at reduced or no cost serving businesses such as gro- • Financial assistance to attract neighbor- ing
• Energy efficiency and other green con- cery, health care, child care hood-serving businesses (if necessary)
struction standards • Green operation standards • Provisions for families needing child care
• Pedestrian and bicycle amenities services
• Space for a neighborhood-serving child- • Context based requirements for park and
care center recreational amenities based upon demo-
• Parks, recreational, and community facili- graphics and cultural preferences
ties --Standard acreage/population ratios
to determine area of parkland.

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PUBLIC PARTICIPATION, REDEVELOPMENT AND COMMUNITY BENEFITS

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact Locally owned business
Standards
• Preference for small and/or locally owned • Percentage of storefront or square • Financial assistance to small and/or lo- Code examples forthcom-
business tenants footage set aside for small or locally cally owned business tenants (reduced ing.
owned business tenants rent, assistance with tenant finishes etc).

Enact Access to quality jobs

Standards
• Employers within project site required to • Local hiring that sets numerical or • Living wage standards apply to perma- • Partnership for Working Families. Making • Community Redevelopment
participate in first source hiring program percentage requirements for the hiring nent jobs, with a health care or wage dif- Development Work for Local Residents: Agency of Los Angeles Policies
that offers jobs to targeted populations of targeted populations ferential in lieu of health care Local Hire Programs and Implementation and Procedures. Available on-
before opening to general public (along • Provision for contractors to utilize • Prevailing Wage standards apply to con- Strategies That Serve Low-Income line. Retrieved 2-12-09.
with system to connect populations to registered apprentices as percentage struction jobs Communities Available online. Retrieved • Front Range Economic Strate-
those job openings) of construction workforce, linked to 2-12-09. gy Center. Apprenticeship Utili-
• Provisions revoking public subsidies if
• Targeted populations may include geo- target populations where permissible zation Model Policies. Available
promised jobs and/or job quality esti-
graphic targets to concentrate new jobs • Dedicated funds to train targeted online. Retrieved 2-12-09.
mates are not realized
and therefore positive economic benefits populations for permanent jobs and to
in particular neighborhood(s), and/or indi- prepare for construction apprentice-
vidual criteria such as income, women or ships
individuals of color, or special populations
such as youth or former felons
.
(b) Communications programs and information services, such as public workshops and training, focus groups, newslet-
ters, a speaker's bureau, radio and television broadcasts, and use of computer-accessible information networks;
STRATEGIC SUCCESS FACTORS
(c) Opportunity for written comments on drafts of the plan or such part or other amendment;
Successful outcomes require that regulatory tools be grounded in solid comprehensive policy planning and accompanied by com-
petent administration and supportive programs (d) Appointment of a person to serve as a citizen participation coordinator for the planning process; and/or
(e) Creation of advisory task forces.
PLANNING POLICY
1. Incorporate policies that promote community-based planning that proactively incorporates community priorities at vision- PROGRAMS & ADMINISTRATION
ing, neighborhood stages (as preferable to developer-driven land use that involves reactive public participation) 1. Establish relationship with community organizations and advocacy groups such as those promoting Community Benefits.
2. Develop a Social Sustainability Strategic Plan with goals and strategies to address a broad range of social matters, in- 2. Initiative a Community Benefits Process involving the local government, developer, and the community
cluding public engagement 3. Provide funding support for a Community Impact Report and/or a Community Benefits agreement.
3. Create a Citizen Participation Plan that appropriately mixes organic and technological approaches. For example: 4. Provide a negotiated collaborative consensus building approach to a decision
(a) Surveys and interviews of the local government's residents and business owners, operators, and employees; 5. Use a variety of communication technologies to link diverse audiences
6. Identify specific audience communication preferences. For example, they may include intercept interviews, one-on-one meetings to
be conducted in the field, and place-based public meetings

Sustainable Community Development Code Beta version 1.2 73

 7. Recognition of all community stake-holder interests in process, including formal referrals--not just registered neighborhoods 16. Establish website postings along with an option for people to subscribe to get a notice any time something new is added
8. Use existing local gathering places, i.e. parks, recreation centers, libraries, schools, etc. as a place to keep information in their designated area of interest (e.g. a particular neighborhood, anything relating to water quality, etc.)
and announcements available, and use kiosks and message boards to ensure that information is easily accessible
9. Provide funding to facilitate participation of organizations that represent vulnerable or underrepresented populations or
stakeholders Additional references:
10. Recruit existing community based organizations, faith-based organizations, and others to publicize community meetings, 1. Baxamusa, Murtaza (2008) “The Third E: Equity as a Condition of Sustainability” Projections - MIT Journal of Planning, 8,
and supply them with the resources needed to do so 17-31.
11. Provide timely access and affordable access to all information 2. Beach, Benjamin S. Strategies and Lessons from the Los Angeles Community Benefits Experience. Journal of Affordable
12. Use a variety of communication technologies to link diverse audiences Housing & Community Economic Development Law, Volume 17, Issues 1-2, Available online. Retrieved 2-9-09.
3. Baxamusa, Murtaza “Empowering Communities through Deliberation: The Model of Community Benefits Agreements”
13. Provide stake-holders opportunity to participate and comment at the front end of the process
Journal of Planning Education and Research (2008), 27:3, 261-276. Available online. Retrieved 2-9-09.
14. Well advertised public meetings via print and electronic media 4. Gross, Julian. (2007-2008). CBAs: Definitions, Values, and Legal Enforceability. Journal of Affordable Housing & Com-
15. Public sector staff commit to aid owner/community with implementation of appropriate community benefits (such as using munity Economic Development Law, 17, Issues 1-2, 35-58. Available online. Retrieved 2-9-09.
public workforce system resources to help implement local hiring agreement) 5. Community Benefits Agreements: Making Development Projects Accountable," Good Jobs First & the California Partner-
ship for Working Families, by Julian Gross, Greg LeRoy, Madeline Janis-Aparicio, 2005.

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Community Health and Safety

INTRODUCTION
Americans are becoming less and less healthy while they spend more and more on health care. Obesity is becoming a
national epidemic, increasing in the majority of states in 2006 and especially among the young. 1 The links between
obesity and high blood pressure and diabetes are disturbing. Deteriorating air quality is causing increasing respiratory

Failing to reform development codes in a way that transforms the built environment to promote healthy lifestyles will
result in a continued deterioration of public health, particularly in lower income communities.

GOALS FOR COMMUNITY HEALTH

To promote healthy communities and active living community development codes can achieve the following goals:
 Eliminate obstacles by requiring pedestrian and bicycle connectivity between uses and developments and
Minimizing onerous processes for desirable development (e.g., PUDs, variances, etc.)
 Providing safe and convenient multi-modal transportation options – making walking and bicycling safe and
convenient between destinations and reducing vehicle miles traveled
 Ensuring that recreational facilities correspond to population needs. These facilities should also be safe
and accessible for pedestrians and bicyclists
 Encouraging the planting of trees that help reduce air pollution

problems in many cities. Whether it is design standards for subdivisions, requirements for dedication of park land, or even requiring health
impact assessments for development there are a number of zoning code measures available that have been proven
Over the past several generations these health issues have been identified primarily with the public health profession. effective in a wide range of communities.
Research is increasingly showing, however, that the built environment is playing a significant role in public health and
demands a response from the field of urban planning.

IMPLICATIONS OF NOT ADDRESSING THE ISSUE POTENTIAL SUSTAINABILITY MEASURES:

 Commuting patterns - percent driving alone, walking, and bicycling for trips
We are learning that land use regulations, specifically zoning codes, are one of the most significant influences shaping
the built environment. Single use, low density patterns make it difficult to promote pedestrian activity, cycling and active  Community health indicators - obesity rates in adults and children, body mass index (BMI), and blood pressure
recreation. The ability to walk to work and shopping or have convenient and safe access to recreational activities has  Pedestrian and bicycle levels of service
become extremely difficult if not impossible in many places. Research shows that individuals who live in areas with  Pedestrian and bicycle accidents and fatalities
more sprawl-like characteristics tend to have higher rates of obesity and higher blood pressure. 2 Another related issue  Crime rates in public parks and recreation areas
is pedestrian safety. The result of building communities primarily for automobiles and not pedestrians has been the  Healthy eating options (abundance of fast food restaurants vs. healthy eating restaurants)
creation of very unsafe environments for walking. Studies have shown that pedestrian fatalities are consistently higher
in automobile oriented areas. 3

1 Amanda Gardner, Obesity Rate in U.S. Still Climbing, (Washington Post, August 30, 2007).
2 LEED ND Core Committee, Understanding the Relationship Between Public Health and the Built Environment, page 84, https://www.usgbc.org/ShowFile.aspx?DocumentID=1480.
3 Howard Frumkin, Urban Sprawl and Public Health, Public Health Report, (May-June 2002).

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COMMUNITY HEALTH AND SAFETY

KEY STATISTICS:
 Adult obesity rates rose in 31 states in 2006, with no states having a rate decrease
 As of 2004, 60 percent of adults and 15 percent of children in America were overweight or obese
 In 1960 America spent 5.1 percent of our gross domestic product on health care. By 2001, that number had nearly tripled to 14.1 percent, representing annual expenditures of $1.4 trillion.
 Research indicates that areas with sprawl-like characteristics equate to higher rates of obesity, body mass index (BMI), and higher blood pressure for those that live there
 Cities that are more dense and walkable reliably have lower pedestrian fatality rates (e.g., Portland, OR, 1.89 pedestrian deaths per 100,000 population; Tampa, FL, 6.60/100,000)
 A recent study has shown that 46 percent of Americans would walk or bike to work or for errands if they had facilities that were “safe and convenient.” Yet only 9 percent of our trips are on foot, and 1 percent on bicycles.

ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Provide more by-right mixed-use districts  Adopt standards for bicycle facilities (e.g.,  Adopt local street specifications  Federal Highway Administration.  Williams, Kristine M. and Seggeman
Obstacles and districts that encourage active living bike parking) and pedestrian amenities that incorporate "complete Design Guidance Karen E. National Center for Transit
(without a need for a Planned Unit (e.g., connectivity) in commercial areas streets" principles that Accommodating Bicycle and Research. Model Regulations and
Development process) (offices, retail) to encourage alternative encourage walking and biking Pedestrian Travel: A Plan Amendments for Multimodal
 Reduce off-street parking requirements transportation that may currently be Recommended Approach. Transportation Districts.
for Transit Oriented Development (TOD) difficult and unsafe Available online. Retrieved Available online. Retrieved March
and mixed-use project  Provide alternative open space provisions March 17, 2009. 17, 2009.
for TODs and mixed use projects such as  Complete the Streets (a national  City of Cambridge, MA. Zoning
indoor meeting space, rooftop gardens coalition). How to Get Complete Ordinance Article 6 Off Street Parking
and plazas. Streets. Available online. & Loading Requirements (Note:
Retrieved March 17, 2009. standards designed to promote
 Frumkin, Howard, et al. Urban cycling, transit and walking).
Sprawl and Public Health: Available online. Retrieved March
Designing, Planning, and 17, 2009.
Building for Healthy  Davidson, NC. Planning Ordinance
Communities (2004). Section 10 Parking (Note: regulations
designed to minimize breaks in the
pedestrian environment).
Available online. Retrieved March 17,
2009.

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Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations

Create  Provide expedited review when  Reduce parking requirements for  Offer credit towards meeting  American Planning Association.  City of Austin, Texas. Development
Incentives community health objectives are met developments that provide connectivity, commercial and residential Advisory Service Report Number Code, Subchapter E: Design
(e.g., pedestrian orientation and walkability, bicycle facilities design standards when 543/544: Local and State Standards and Mixed-Use.
connectivity)  Offer open space credit for improved community health objectives are Examples of Planning and Available online. Retrieved March 17,
 Provide landscape credit for tree recreational facilities such as recreation met (e.g., shower facilities in Designing Active Communities. 2009.
preservation centers, tennis courts and paved trails office buildings)  American Planning Association.
 Offer density bonuses for mixed-use and  Provide open space credit or bonuses for Advisory Service Report Number
compact developments preserving access to public lands or 539/540: Integrating Planning
allowing public access or use of on-site and Public Health: Tools and
trails Strategies to Create Healthy
Places.
Enact  Require or encourage parks or open  Reduce parking requirements (especially  Require non-residential  American Planning Association.  San Diego Regional Planning Agency
Standards space dedication or set aside with clear for mixed-use and transit oriented development to meet pedestrian Advisory Service Report Number (SANDAG). Planning and Designing
definitions of what qualifies (e.g., a trail developments) and specify the maximum and bicycle levels of service 543/544: Local and State for Pedestrians, Model Guidelines for
rather than a detention pond) number of parking spaces allowed (e.g., (LOS) standards Examples of Planning and the San Diego Region.
 Establish parkland dedication fees for city 125% of minimum)  Adopt Crime Prevention Through Designing Active Communities. Available online. Retrieved March 17,
park fund  Require or encourage non-residential Environmental Design (CPTED)  Zelinka, Al, et al. (2001). 2009.
 Require sidewalks through parking lots building amenities such as bike parking, principles into development Safescape: Creating Safer,  City of Franklin, TN. Zoning
convenient and visible stairs, and lockers standards More Livable Communities Ordinance, Sections 5.5 and 5.10.4:
 Require sidewalks on both sides of streets and showers for those biking or walking to Through Planning Design. Parkland dedication requirements
in urban and suburban areas  Require health impact
work assessments for larger  U.S. Green Building Council. and connectivity index for
 Limit waivers to sidewalk installation  Require connectivity measures in developments LEED for Neighborhood Rating subdivisions. Available online.
 Require pedestrian connections between subdivisions (e.g., restrict block lengths; System (See Smart Location and Retrieved March 17, 2009.
 Prohibit or limit the number of
adjacent developments and nearby public prohibit cul-de-sacs unless pedestrian formula (typically fast food) Linkage and Neighborhood  City of Arcata, CA. Amendment to
facilities such as schools access provided through dead-end) restaurants, especially near Pattern and Design chapters). Municipal Code Title IX To Limit
 Enact standards to provide shade for  Require health department review in the schools and in lower income Available online. Retrieved Formula Restaurants.
pedestrians in hot climates; protect referral process for larger developments neighborhoods March 17, 2009. Available online. Retrieved March 17,
against ice and snow on sidewalks in  U.S. Dept. of Transportation, 2009.
 Establish safe school routes and require  Require mandatory use mix in
northern climates compliance in review process TOD, PUD, and mixed use Federal Highway Administration.  City of Fort Collins, CO. Land Use
 Limit parking in front of commercial projects National Safe Routes to School Code, Section 3.5.4 Large Retail
 Require maintenance of existing access Program. Available online. Establishment Design Standards
buildings to enhance pedestrian to public lands
experience Retrieved March 17, 2009. (See parking and pedestrian
 Tri-County Health, Ingham amenities). Available online.
 Require trees between street and Retrieved March 17, 2009.
sidewalk County, MI, Health Impact
Assessment tools.  SmartCode Central. Smart Code
Available online. Retrieved Version 9, Mixed Use Zoning
March 17, 2009. (Transect) Districts. Available online.
Retrieved March 17, 2009.

Sustainable Community Development Code Beta version 1.2 77

Local Strategies for
Increasing Affordable Housing
INTRODUCTION
Dating back as far as the turn of the 20th century, local governments have struggled to provide affordable housing to
households in need. Housing market economics often result in few affordable options available to those earning the
lowest of incomes. Finding adequate and affordable housing in current real estate markets continues to be a challenge
for many of our nation’s households. The increasing expense of transportation, rising healthcare and childcare costs,
increasing land values, and construction costs have cumulatively stretched household budgets and added to the
affordable housing crisis. The size of lots and homes has increased over time, raising housing prices further. These
increasing costs and stagnant wages have widened the housing affordability gap to include households earning
moderate incomes. Even with the recent downturn in the housing market, many communities still provide few by the type of regulatory solution (removing barriers, creating incentives, enacting standards), and second by the
affordable housing options to their local workforce. degree of potential success, ranging from good to best.
History has shown that meeting the demand for affordable housing requires a comprehensive approach that attacks the The goals of this chapter are to:
problem from all angles. Such an approach includes removing regulatory barriers, offering development incentives,
 Identify obstacles that impede the development of affordable housing
implementing mandatory requirements, providing dedicated funding, and other initiatives that result in the development
of affordable units. In addition, affordable housing approaches should address the need for access to affordable  Recommend opportunities, such as by-right zoning of smaller lots and smaller units and mixed-use
transportation options, to public and personal services, and to shopping and employment centers. Dense land use development, for the development of affordable housing in areas that are proximate to transit and needed
patterns that offer more mixed-use opportunities and smaller unit options can assist with lowering housing prices, services
reducing transportation costs, and providing access to needed amenities. Local land development regulations are one  Offer incentives that local governments can provide to developers, in the form of regulatory and fee relief
of the most effective ways create a more sustainable community framework that can meet local affordable housing and development review assistance, to increase the supply of affordable units; and
demands. Over the years numerous regulatory tools and strategies have been developed to alter the way in which  Suggest regulatory provisions, such as inclusionary programs and linkage fees, that require new
development is regulated and to increase affordable housing opportunities. developments to mitigate the demand for affordable housing that their businesses create

IMPLICATIONS OF NOT ADDRESSING THE ISSUE

Choosing to not address the demand for local affordable housing can have detrimental effects on a community’s long-
term sustainability and quality of life. One is that local employees suffer economic stress as housing prices are higher
than household incomes can afford. These households often resort to living in smaller residences, or prolonging the
purchase of a home. Some employees may have to move out of the area, or move to outlying areas of the community,
choosing an alternative location where housing is more affordable. The inevitable consequences of locational
substitution are increased commuting, diminished real incomes due to increased commuting costs, increased traffic
congestion, higher road construction and maintenance costs. These choices also can result in deterioration of the
social, economic, and political fabric of communities. When people live and work in different locations, it is difficult to
foster a true sense of community and social activism. Collectively these phenomena do several things. First, they
reduce the supply of labor, denying the community a critical component needed to ensure the long-term sustainability of
the local economy. Second, they result in a general loss of community and identity. For these reasons, communities
experiencing housing affordability problems commonly undertake initiatives to increase the supply of such housing at
prices that local employees and their families can afford.

GOALS FOR AFFORDABLE HOUSING

Communities have been using development regulations to foster the development affordable housing units for over 40
years. While, these standards have gone far with improving the problem, more can be done. This chapter offers
numerous strategies for improving local affordable housing opportunities. The solutions are organized in two ways: first

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HOUSING AFFORDABILITY
KEY STATISTICS:
 In 2003, some five million working families had critical housing needs
 Between 2001 and 2005, housing prices in the U.S. overall increased by at least 6 percent annually, more than twice the rate of inflation for that same period
 The increase in housing prices has exceeded the rate of wage growth; in 2005 the ratio of housing prices to national incomes was the highest in at least twenty years
 The National Low Income Housing Coalition estimates that the 2006 national “housing wage” needed to afford a two-bedroom rental unit was $16.31 per hour -- $3.00 more than the average renter earned per hour
 In 2006, a household of three minimum wage earners that worked 40 hours a week for 52 weeks a year could not afford a two-bedroom unit at $848, the national average Fair Market Rent
 Police officers typically earn less than is required to purchase a median-priced home in the majority of metropolitan areas
 In 2005, one in every four renters age 50 and above paid 50 percent or more of their income on rent

INCREASING AFFORDABLE HOUSING OPPORTUNITIES THROUGH LOCAL REGULATORY TOOLS

Remove Achievement Levels (Note: Higher levels generally incorporate actions of lower levels)
Obstacles Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
 Remove restrictions for  Waive building permit caps for  Remove large minimum lot size  Regional Approaches to Affordable  Santa Cruz, CA – accessory dwelling unit program
constructing accessory dwelling affordable housing projects regulations to allow for small lot Housing, Meck, Retzlaff, Schwab http://www.ci.santa-cruz.ca.us/pl/hcd/ADU/adu.html
units and elderly cottage housing  Waive or reduce residential impact residential development (2003)  Key West, FL – accessory dwelling unit program (rentals
units in residential districts fees for affordable housing projects  Permit duplex and multi-family  An Untapped Source for Affordable required to comply with income eligibility guidelines)
 Remove prohibitions on certain or provide for funding assistance to housing in more districts, or as Housing, van Hermert (2007) http://www.keywestcity.com/category/?fCS=5-13 and
building types (e.g, town homes, offset fees special/conditional uses in all  Increasing the Availability of http://www.municode.com/resources/gateway.asp?pid=100
duplexes, single-room  Permit manufactured/modular districts Allow mixed-use Affordable Homes, Lubell (2006) 53&sid=9
occupancy buildings) in housing in all residential zone developments, by- right, in  Alachua County, FL - impact fee assistance program
residential zone districts appropriate locations near public  Regulatory Barriers Clearinghouse,
districts if it meets all applicable available online at http://growth-
 Revise or remove unnecessary residential design standards transportation facilities management.alachua.fl.us/building/impactfees.php
http://www.huduser.org
dimensional standards that act to  Albuquerque, NM – reduced or waived impact fees for
prohibit these building types  Accessory Dwelling Units: Model
State Act and Local Ordinance, affordable housing developments
(e.g., minimum lot widths greater http://www.cabq.gov/council/impactfees.html
than 20 feet) Public Policy Institute, Rodney
Cobb and Scott Dvorak (2000)  Lincoln, NE – impact fee waiver
http://www.lincoln.ne.gov/city/attorn/lmc/ti27/ch2782.pdf
 Austin, TX – Affordable, transit-oriented housing
http://www.ci.austin.tx.us/ahfc/smart.htm
 Salt Lake City, UT – multi-family developments allowed by-
right in non-residential districts
http://www.ci.slc.ut.us/council/agendas/2006reports/Feb200
6/020906Item3.pdf and
http://66.113.195.234/UT/Salt%20Lake%20City/index.htm

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HOUSING AFFORDABILITY
Bronze (Good) Silver (Better) Gold (Best) Reverences/Commentary Code Examples/Citations
Create  Offer expedited review or  Reduce parking requirements for  Provide density bonuses when  Affordable Housing and Smart Growth:  Tallahassee, FL – bonus density
Incentives permitting process for affordable affordable housing to reflect incorporating affordable or Making the Connection, Smart Growth http://www.talgov.com/planning/af_inch/af_inchouse.cfm
housing projects evidence of reduced need workforce housing units in a Network and Danielle Arigoni (2001)  Austin, TX – expedited review
 Provide permit expeditor  Do not count accessory dwelling development  “Incentive Zoning: Meeting Urban http://www.ci.austin.tx.us/ahfc/smart.htm
ombudsman to assist with review units against permitted density in Design and Affordable Housing  Tucson, AZ – streamline of development review
of affordable housing projects residential zone districts. Allow in Objectives,” APA PAS Report. Marya http://www.tucsonaz.gov/dsd/CDRC___Rezoning/cdrc___r
 Allow small-lot (less than 6,000 commercial zone districts if parking Morris (2000) ezoning.html
sq. ft) developments in more is adequate  www.knowledgeplex.com  Orlando, FL – affordable housing development expeditor
zone districts with compatible http://www.cityoforlando.net/executive/communications/new
design standards s/2005/05_06_30_housing.htm
 Palm Beach County, FL – waiver of development standards
and bonus densities (Section 5.G.1)
http://www.pbcgov.com/epzb/ACommon_asp_html/EpzbHo
me.htm
Enact  Impose inclusionary housing  Require linkage fees for non-  Enact a comprehensive  Solving America’s Shortage of Homes  Aspen/Pitkin County, CO – comprehensive regulatory
Standards requirement on residential residential development to regulatory program that requires Working Families Can Afford: Fifteen program
development to construct or pay construct or pay a fee-in-lieu for both residential and non- Success Stories, ULI. (2005) http://www.aspenpitkin.com/pdfs/depts/38/coaspent26-
a fee-in-lieu for affordable units affordable units necessitated by residential development to  American Planning Association’s Model 400.pdf
 Allow accessory dwelling units development construct or pay a fee-in-lieu for Inclusionary Ordinance  Islamorada, , FL – comprehensive regulatory program
by-right in all residential zone  Require accessory dwelling units affordable units http://www.planning.org/smartgrowthco http://www.islamorada.fl.us/newsite/ordinances/0723.pdf
districts subject to reasonable for all residential units or a des/pdf/section44.pdf  Montgomery County, MD – Moderately Priced Dwelling Unit
size, parking, and other percentage of units in a new  “The Inclusionary Housing Debate: The and Workforce Housing Unit requirements
development standards development Effectiveness of Mandatory Programs http://www.montgomerycountymd.gov/dhctmpl.asp?url=/co
 Require a variety of unit sizes in Over Voluntary Programs, Part 1,” ntent/DHCA/housing/housing_P/housing_p.asp
multi-family buildings Zoning Practice. Nicholas Brunick  San Diego, CA – inclusionary affordable regulations
(2004) http://www.sdhc.net/giinclusionaryhousing.shtml
 Teton County, WY – inclusionary housing requirement and
affordable housing PUD
http://www.tetonwyo.org/plan/nav/100141.asp
POTENTIAL SUSTAINABILITY MEASURES:
 Measuring the supply of units, by affordability ranges, available to meet existing and future demand
 Use of national indices, such as the National Association of Homebuilders/National Association of Realtors Index, National Low Income Housing Coalition Housing Wage Index, and Center for Housing Policy Paycheck to Paycheck Model to identify local housing needs and track
success of local programs
 In-depth housing needs analysis that evaluates demographics, regional housing tenure data, and economic parameters to identify where gaps in housing exist

Sustainable Community Development Code Beta version 1.2 80

Local Strategies for Increasing Housing
Accessibility and Diversity
Revised 1-30-09
INTRODUCTION
America’s face is changing. The last few decades have seen an evolution in the demographic makeup of U.S.
households, and these households now require new housing options to meet their basic needs and changing lifestyles.
The increase of aging baby boomers, empty nesters, childless couples, and grandfamilies 1 requires communities to
reassess the type, location, and design of housing that is available to these households. They have need for smaller accessibility. Young families may find limited housing opportunities for raising families in urban areas and may relocate
homes that require less maintenance, are located in closer proximity to services and community interaction to find adequate housing elsewhere. Communities may again become segregated, this time by socio-economic status,
opportunities, and are designed to address the physical limitations of aging and disabled persons. In addition, the creating new community challenges. In general, when housing needs are not met, it affects the overall quality of living
nation’s minority population has increased significantly in recent years; a trend that is expected to continue. Combined, in a community. Providing housing options to a diversity of households improves their quality of life, and development
the increase in these households and the fact that many of them fall into the lower income tiers of our economy makes it regulations need to provide the framework to affect this change. This is but another step in changing the way
difficult to create equitable communities. Prevalent development patterns cluster housing by type and price points and communities are developed to create long-term, sustainable community environments.
typically do not provide a diversity of units within developments. The physical separation of households by income
levels results in an imbalance in opportunities and ultimately affects the long-term success of low-income families and GOALS FOR HOUSING DIVERSITY AND ACCESSIBILITY
children, and in-turn, the quality of life for all.
The goals for this chapter are to:
 Raise awareness on the changing housing needs facing our nation’s communities
A diversity of local housing opportunities is now needed to maintain a sustainable quality of life. The American Dream  Offer methods to create more diverse housing opportunities by removing regulatory barriers from local
of owning your own home hasn’t changed, but the one-size-fits-all typical suburban single-family home found in a development regulations
homogenous neighborhood is no longer the only solution for meeting demand. Some developers are interested in
 Identify incentives for developers to encourage development of a full range of housing options to meet local
meeting the new demand of these households, but are unable due to outdated zoning and design standards.
demands; and
Development regulations need to keep pace with the changing needs of communities to foster the development of a
broad array of housing options. Many communities have started to address these needs and provide new opportunities,  Suggest mandatory requirements to create more diverse and inclusive housing communities
incentives, or mandatory regulations to this end. Some communities urge new developments to offer a mix of housing
unit types, sizes, and price points. Some encourage units to be designed to provide access to a range of ages and
physical abilities. And others ensure that developments provide for more sustainable commuting patterns and
community engagement opportunities by locating housing proximate to public transportation, employment centers, and
needed services.

IMPLICATIONS OF NOT ADDRESSING THE ISSUE

Communities that do not address these changing housing needs will find that their citizenry will be forced to live in
inadequate housing or to relocate to an area that can provide needed amenities and proximity to services. Elderly
residents may find it necessary to spend fixed income wages to retrofit their home to provide better handicap

1
Grandfamilies are households of grandparents raising their grandchildren. This type of household is on the rise. According to the 2005
American Community Survey conducted by the U.S. Census Bureau, there are over 6 million children living in “grandfamily” or “kinship care”
households in the United States.

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HOUSING DIVERSITY AND ACCESSIBILITY

KEY STATISTICS:
 America’s population is growing older. In 2000, 12% of Americans were over 65. This age group is expected to rise as high as 20-25% of the total population by 2030.
 The average household size is shrinking. There are now more households of married couples without children and single person households than any other types, including married couples with children
 According to the 2005 American Community Survey, there are over 6 million children living in “grandfamily” or “kinship care” households in the U.S., half of which are cared for solely by their grandparents
 In 2007, the nation's minority population reached 100 million – approximately one third of the total U.S. population
 Many families can not find adequate housing in urban areas where the primary form of housing is small units with two or fewer bedrooms

INCREASING DIVERSITY AND ACCESSIBILITY OF HOUSING THROUGH LOCAL REGULATORY TOOLS

Achievement Levels
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Revise zoning definition of family  Allow for development of group  Permit duplex and multi-family  Smart Growth in Action: Accessory  Santa Cruz, CA – accessory dwelling unit
Obstacles if it is an obstacle to allowing homes and co-housing by-right or development in all residential districts Dwelling Unit Development Program, program http://www.ci.santa-
non-traditional families (e.g., with conditions  Permit duplex and multi-family Santa Cruz, California cruz.ca.us/pl/hcd/ADU/adu.html
family is 4 or fewer unrelated  Remove large minimum lot size development by right in more districts  Creating Senior-Healthy  Fort Kent, ME – elder cottage housing
individuals) regulations to allow for small lot Communities: Removing Regulatory http://www.fortkent.org/fkzoneord.php#_Toc
 Allow accessory dwelling units residential development Barriers, Denver Regional Council of 136926020
and elder cottages in residential  Governments (2007)  San Francisco, CA - downtown parking
districts by-right or through  Federal Fair Housing Act prohibits requirements reduced/eliminated to
conditional use permit discrimination based on familial increase TOD units
 Reduce parking requirements for status http://www.spur.org/documents/980401_rep
senior housing and transit- ort_01.shtm
oriented-development housing  Fort Myers, FL – reduced downtown
minimum parking requirements
 Nashville, TN – parking requirement
reduction when proximate to transit
 Salt Lake City, UT – multi-family
developments allowed by-right in non-
residential districts
http://www.ci.slc.ut.us/council/agendas/2006
reports/Feb2006/020906Item3.pdf and
http://66.113.195.234/UT/Salt%20Lake%20
City/index.htm

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HOUSING DIVERSITY AND ACCESSIBILITY

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples
Create  Expedited review and waiver of  Reduction in selected development  Provide density bonuses when  “Visitability: A New Direction for  Fort Collins, CO – “Practical Housing for
Incentives fees for development of a standards (parking, setbacks, etc.) incorporating a variety of housing units Changing Demographics,” Practicing All” standards that encourage use of
diversity of units, or units with when providing a diversity of units in a development. Planner. (2004) universal design concepts
visitability or universal design types or use of visitability 2 http://fcgov.com/pha/
features /universal design features

Enact  Require residential units in urban  Require a percentage of units  Implement a mandatory development  “Living First in Downtown  Parramatta, Australia – Mandatory mix of
Standards areas to include family-friendly within urban developments to points system for incorporating Vancouver”, Zoning News, Beasly. units by number of bedrooms and
amenities, such as parks and include three or more bedroom community objectives such as a range (2000) “adaptable” features (i.e., easy conversion
play grounds on site units of housing types, development of  A Blueprint for Action: Developing a of home design to meet elderly/disabled
 Require variations in lot sizes  As a planned unit development affordable units, and using visitability Livable Community for All Ages, needs)
and densities in larger compensating community benefit, design standards National Association of Area http://www.parracity.nsw.gov.au/__data/ass
developments require mix of housing types  Require a certain number of units to be Agencies on Aging and Partners for ets/pdf_file/0014/2228/DCP2001.pdf
 Require minimum densities in  Require variation in multifamily “adaptable” or include visitability or Livable Communities  Vancouver, British Columbia – design
larger developments building size or footprint to universal design standards guidelines for high-density housing aimed at
encourage different unit sizes and  Require a mix of housing types within families and children
configurations residential developments http://www.city.vancouver.bc.ca/commsvcs/
guidelines/H004.pdf
 Create mixed-use zone districts
that allow a variety of housing  Fort Collins, CO, minimum residential
types (apartments, townhouses, density requirements
duplexes, etc.)  Chapel Hill, NC – required mix of housing
sizes in Planned Developments
http://www.townofchapelhill.org/index.asp?N
ID=1165
 St. Lucie County, FL – Towns, Villages and
Countryside Overlay - requires mix of units
types
POTENTIAL SUSTAINABILITY MEASURES:
 Calculating the number of accessory dwelling units, elder cottages, and other senior housing units available and comparing with demand
 Calculating the number of multi-family housing units and number of bedrooms per unit in urban areas
 Calculating the number of new homes implementing visitability and universal design standards
 Calculating the number of intergenerational housing development units available
 Calculating the housing diversity in a community using the LEED-ND Housing Diversity Measurement or similar index
STRATEGIC SUCCESS FACTORS
 Conduct a housing needs assessment

2
Visitability is a design approach driven by the principle that all new homes of all types should be designed and built with basic levels of access. The intent is for the disabled to be able to “visit” and access the homes of their non-disabled peers and for disabled persons to be given the capacity to
continue residing in their own homes. Basic features of Visitability include one-level, no step entrances; accessible doorways; and a bathroom on the entry level floor. It does not entail comprehensive accessibility within the residence.

Sustainable Community Development Code Beta version 1.2 83

 significant repercussions for farmers, rural and urban communities, and public health. Artificially low prices have led to
heavy use by the food industry of products such as hydrogenated vegetable oil and high fructose corn syrup, which
Food Production and Security directly lead to obesity and related illnesses. 5 At the other end of the spectrum, in 2005 11 percent of all U.S.
households were “food insecure” due to a lack of sufficient food. 6 Both obesity and food insecurity have
INTRODUCTION disproportionate impacts on blacks and Hispanics. Largely minority and poor neighborhoods contain fewer
supermarkets on average, contain a higher density of convenience stores offering fewer healthy food options, and
contain an above average number of
Revised 2-9-09
fast-food outlets. 7
Broadly defined, the "food system" is the sequence of activities linking food production, processing, distribution and
The food system dilemma also extends
access, consumption, and waste management, as well as all the associated supporting and regulatory institutions and
activities. 1 The food system impacts many facets of modern life including energy consumption, the environment, public into the environmental domain. On
average, eight calories of energy are
health, economic development, and social equity.
needed to produce one food calorie. In
addition, growing, processing, and
While agriculture remains America’s primary land delivering the food consumed by a family
of four each year requires more than 930
use, with almost 1 billion acres of land devoted to
gallons of gasoline, roughly the same
agricultural uses, farmland in metropolitan areas is
disappearing rapidly. In addition, there is a clear amount used to fuel the family’s cars. 8
trend towards greater concentration of ownership Moreover, in 2000, approximately 10
percent of all energy used in the U.S.
and increased vertical integration of the various
was consumed by the food industry.9
processes within the food system. This integration
has led to a significant decline in the number of mid- These rates of consumption have
size “working farms” (farms between 50 and 1,000 serious effects on global warming.
Globally, approximately one-third of the
acres) and a corresponding increase in the number
total human-induced warming effect due
of larger farms (farms over 2,000 acres). 2
to greenhouse gases (GHG) comes from
Globalization has also transformed our food system. agriculture and land use change.
Food comes from increasingly distant sources, the
average food item traveling at least 1,500 miles. 3 Energy Flow in the U.S. Food System
While the United States considers itself the Source: Center for Sustainable Food Solutions. Available online. Retrieved 2-9-09.
breadbasket of the world, the value of food imported
into the U.S. exceeded the value of food exported Few zoning ordinances adequately address urban agriculture and animal husbandry. Most cities prohibit the raising of
from the U.S. for the first time in 2006. 4 Globalization fowl, such as chickens, even though there is no public health issue associated with low quantities of fowl. In addition to
has also lead to increased consumer ignorance producing healthy, organic eggs, chickens eat biodegradable garbage. The encouragement of urban animal husbandry
regarding the sources of the foods they consume.

Our changing food system has also had significant negative impacts on public health. Federal farm policy and 5
American Planning Association “Policy Guide on Community and Regional Food Planning,” http://www.planning.org/policyguides/food.htm
subsidies have encouraged the overproduction of commodities such as corn and soybeans, which has resulted in
(last visited July 13, 2007).
6
USDA Economic Research Service, “Household Food Security in the United States, 2005,” http://www.ers.usda.gov/Briefing/FoodSecurity/
(July 11, 2007).
7
1
American Planning Association, “Food System Planning – Why is it a Planning Issue?” American Planning Association “Policy Guide on Community and Regional Food Planning,” http://www.planning.org/policyguides/food.htm
http://www.planning.org/divisions/initiatives/foodsystem.htm (last visited July 17, 2007). (last visited July 13, 2007)
8
2
Planning Association “Policy Guide on Community and Regional Food Planning,” Thomas Starrs, “The SUV in the Pantry,” Sustainable Business (October 25, 2005).
9
http://www.planning.org/policyguides/food.htm (last visited July 13, 2007). Martin C. Heller and Gregory A. Keoleian, “Life Cycle-Based Sustainability Indicators for Assessment of the U.S. Food System,” Center for
3
Ibid. Sustainable Systems – University of Michigan, http://www.public.iastate.edu/~brummer/papers/FoodSystemSustainability.pdf (last visited June
4
United States Department of Agriculture Foreign Agricultural Service, “2006 U.S. Trade Internet System,” 28 2007).
http://www.fas.usda.gov/ustrade/ (last visited June 25, 2007

Sustainable Community Development Code Beta version 1.2 84

can help erase the artificial barriers between the urban (non-agricultural) and the rural (agricultural). 10 Additionally, environmental problems such as ground water contamination. One promising method to reduce odors and generate
increased composting can also help to diminish waste. renewable energy from livestock manure in CAFOs is anaerobic digestion. 15 The effective management of livestock is
essential to public health and the environment in rural agricultural areas.
In most large cities, there is an unrealized potential for urban gardening. A survey indicated that Chicago has 70,000
vacant lots, Detroit 60,000, and Philadelphia 31,000. Nationwide, there are hundreds of thousands of vacant lots. The Overly simplistic zoning standards serve as a barrier to a wide range of agriculturally affiliated uses such as wineries.
Urban Agriculture report summarizes why urban agriculture is so attractive: it has a “regenerative effect…when vacant Zoning commonly bars wineries and similar value added uses from agricultural districts because they are categorized
lots are transformed from eyesores – weedy, trash-ridden, dangerous gathering places – into bountiful, beautiful, and as “manufacturing,” which is allowed only in industrial districts “One-size-fits-all” approaches to planning do not fully
safe gardens that feed people’s bodies and souls.” 11 capture the nature of varied land uses and the differences in potential impacts of similar land uses.

Access to local food markets is critical if farming is to survive as a viable economic activity and if locally produced foods
are to be widely available. Farmers’ markets are a popular and very effective way to promote and market local food IMPLICATIONS OF NOT ADDRESSING THE ISSUE
production. Some of the most successful and sustainable markets are year round public markets such as those in The American food system is implicated in decreasing levels of public health among low income groups, rising food
Santa Fe, New Mexico, Seattle, Washington (Pike Place Market), and Vancouver British Columbia (Granville Island insecurity, rising costs of production and distribution, continued contributions to global warming, loss of local production,
Farmers Market). Some cities have set goals for local food production; Toronto, for example, hopes to supply 25 and social inequities.
percent of its fruit and vegetable production from within the city limits by 2025. 12

In an effort to combat the social inequities of our current food system, communities are exploring a variety of land use
strategies. These strategies attempt to limit the number and density of fast-food restaurants, improve the nutritional GOALS
value of foods sold in smaller shops and convenience stores, and support the establishment of full-service The goals of this chapter are to accomplish the following:
supermarkets in underserved areas. In San Francisco, for example, when rezoning threatened neighborhood food 1. Eliminate community code barriers such as restrictions on farmers markets, animal husbandry and overly
access, a special use district was formed to encourage the siting of a supermarket. 13 In Arcata, California, the city simplistic rural agricultural zoning provisions
council capped the number of fast-food restaurants at any one time to nine (the current amount). This ordinance 2. Encourage urban agriculture and increase access to healthy food through code incentives
essentially barred a fast-food restaurant from locating within the city unless it replaced an existing restaurant at the 3. Establish regulations for sustainable large scale food production, access to healthy foods, and limits on
same location. 14 unhealthy food choices such as fast food restaurants, expand permissive animal unit regulations, and generally
broaden permitted uses by right in agricultural zones
Transfer of Development Rights and Agricultural Protection zones require requiring a sophisticated and costly
administrative system that few communities have adopted, requiring strong regional or state land use control, generally POTENTIAL SUSTAINABILITY MEASURES:
lacking in most rapidly growing areas. Additional tools that may gain more widespread currency include conservation
• Energy consumption to food production ratio
easements and outright purchase of productive agricultural area by land trusts or local communities. However, zoning
codes often treat agriculture as a holding or transitional zone until urban development encroaches.  Average distance a food item travels (the lower, the better)
 Percentage of community demand met from agriculture within the community
In 2003, the nation’s 238,000 feeding operations produced 500 million tons of manure; the Environmental Protection  Average distance to healthy food (absence of food deserts)
Agency estimates that over half of this manure was produced by a relatively small percentage of facilities known as  Energy consumption to food production ratio
Concentrated Animal Feeding Operations (CAFOs). Health threats from CAFOs include: chronic and acute respiratory
illness, injuries, infections, nuisances such as flies and odor, the spread of stronger strands of E. coli, and

10
Linda Baker, “City Chicks,” Natural Home and Garden (May/June 2006), p. 62-65.
11 Lester Brown, “Farming in the City,” http://www.earth-policy.org/Books/Seg/PB2ch11_ss4.htm (last visited July 5, 2007).
12 City of Toronto, “Feed the City from the Back 40: A Commercial Food Production Plan for the City of Toronto,”
http://www.toronto.ca/health/tfpc_feeding.pdf (last visited July 17, 2007).
13 Lisa Feldstein, “Linking Land Use Planning and the Food Environment,”
http://icma.org/sgn/newsdetail.cfm?nfid=2666&id=#autoID%23%20<http://icma.org/sgn/newsdetail.cfm?nfid=2666&amp;id=autoID%23 (last
visited July 9, 2007).
14 Food Security Learning Center, “Case Studies,” http://www.worldhungeryear.org/fslc/faqs2/ria_809.asp?section=18&click=3 (last visited June 15
Centers for Disease Control and Prevention, “Concentrated Animal Feeding Operations (CAFOs), About CAFOs,”
29, 2007). http://www.cdc.gov/cafos/about.htm (last visited July 10, 2007).

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FOOD PRODUCTION AND SECURITY
KEY STATISTICS:
 The value of food imported into the U.S. exceeded the value of food exported from the U.S. for the first time in 2006 16
 Every minute of every day, the U.S. loses 2 acres of farmland. At the same time, the number of small farms in urban areas is increasing at an unprecedented rate
 Of more than 10 million vegetable producers in U.S., 60% are in urban census tracts
 86% of U.S. fruits/vegetables, 63% of vegetables, 35% of grain are produced in urban-influenced areas
 Toronto hopes to supply 25 percent of its fruit and vegetable production from within the city limits by 2025 17
 Chicago has 70,000 vacant lots, Detroit 60,000, and Philadelphia 31,000 18.
 Food comes from increasingly distant sources, the average food item traveling at least 1,500 miles 19.
 In 2005 11 percent of all U.S. households were “food insecure” due to a lack of sufficient food 20
 Proximity to supermarkets translates into healthier eating: for each additional supermarket in their census tract, African-Americans reported eating 32% more fruits and vegetables 21
 In 2000, approximately 10 percent of all energy used in the U.S. was consumed by the food industry 22
 Agricultural activities were responsible for 7% of total U.S. greenhouse gas emissions in 2005, of which livestock is a major contributor 23
 Roughly 30 percent of all solid wastes are related to food consumption, half of that being associated with food packaging 24

A. SUSTAINABLE COMMERCIAL AGRICULTURE—LARGE-SCALE AND SUBURBAN/URBAN

Achievement Levels
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Permit a broad range of agricultural  Tailor accessory and temporary use lists  Allow small-scale farming uses and  Daniels, Holding Our Ground: Silver
Obstacles uses by right in rural and semi-rural to support agriculture, for example, allow structures in suburban zone Protecting America’s Farmland Larimer County, CO. Right to farm and
areas farm stands, agricultural-related services districts or create farming overlay (1997) ranch policy. County Code, Article II,
such as welding shops, crop storage and zones with compatibility standards Section 30-31. Available online.
processing that limit certain herbicides and Retrieved 2-5-09.
 Adopt right-to-farm legislation to protect pesticides
Agriculture on the urban fringe against nuisance complaints

United States Department of Agriculture Foreign Agricultural Service, “2006 U.S. Trade Internet System,” http://www.fas.usda.gov/ustrade/ (last visited June 25, 2007;
16
17 City of Toronto, “Feed the City from the Back 40: A Commercial Food Production Plan for the City of Toronto,” http://www.toronto.ca/health/tfpc_feeding.pdf (last visited July 17, 2007).
18 Lester Brown, “Farming in the City,” http://www.earth-policy.org/Books/Seg/PB2ch11_ss4.htm (last visited July 5, 2007).
19 American Planning Association “Policy Guide on Community and Regional Food Planning,” http://www.planning.org/policyguides/food.htm (last visited July 13, 2007).
20 USDA Economic Research Service, “Household Food Security in the United States, 2005,” http://www.ers.usda.gov/Briefing/FoodSecurity/ (July 11, 2007).
21
Morland K., Wing S., Diez R.A. (2002) The contextual effect of the local food environment on residents’ diets: The atherosclerosis risk in communities study. American Journal of Public Health, 92(11), 1761-7.
22 Martin C. Heller and Gregory A. Keoleian, “Life Cycle-Based Sustainability Indicators for Assessment of the U.S. Food System,” Center for Sustainable Systems – University of Michigan, http://www.public.iastate.edu/~brummer/papers/FoodSystemSustainability.pdf (last visited June 28
2007).
23 U.S. EPA (2007) Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990 - 2005. Washington, DC
24 American Planning Association “Policy Guide on Community and Regional Food Planning,” http://www.planning.org/policyguides/food.htm (last visited July 13, 2007)

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FOOD PRODUCTION AND SECURITY

Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Create  Permit and encourage conservation  Provide density bonuses for cluster  Adopt transferable development  Pruetz, Rick. Beyond Givings Bronze
Incentives subdivisions in rural areas subdivisions that preserve a high rights or development credit and Takings: Saving Natural  Larimer County, CO. Larimer
percentage of productive agricultural system to protect prime agricultural Areas, Farmland, Historic County Land Use Code, Rural
lands lands Landmarks with Transfer of Land Use Process, Section 5.8.
Development Rights and Available online. Follow link to
Density Transfer Charges Rural Land Use Process.
Market garden, Holland Marsh, (2003). Information available Retrieved 2-3-09.
Ontario (serves Toronto) online. Retrieved 2-3-09. Gold
 Arendt, Randall. Rural By  State of New Jersey. The New
Design. Jersey Pinelands Development
 King County, Washington. Program. Available online.
Farmland Preservation Retrieved 2-03-09.
Program . Available online.
Retrieved 2-3-09.
Enact  Restrict incompatible uses in  Prohibit or limit size of Planned Unit  Require new development to offset  See American Farmland Trust, Silver
Standards agricultural zone districts, for example, Developments in rural zone districts any agriculture land loss by Cost of Community Services  Large-lot agricultural zone
prohibit non-agricultural commercial,  Adopt true large-lot agricultural zoning, for purchasing and protecting Studies (2002) districts: Marin County, CA.
Concentrated animal feeding low-density residential agriculture land elsewhere in
operation example 1 unit per 80 acres or exclusive  American Farmland Trust. , Available online. Retrieved 2-3-09.
 Permit creation of voluntary agricultural agricultural zones vicinity Saving American Farmland: Rock County, MN (not available
land protection districts  Require cost of services studies for all  Create urban services boundary to What Works (1997) online). Waseca County, MN.
 Require riparian buffer strips to protect developments in agricultural areas and restrict development outside of  Olson, Richard, Under the Waseca County Unified
water quality fiscal mitigation designated growth areas Blade: The Conversion of Development Code, Section 8,
 Limit amount of prime or unique Agricultural Landscapes (1999) Agricultural Protection Districts.
 Enact wildlife friendly fencing standards  Adopt Concentrated Animal Feeding Available online. Retrieved 2-3-09.
Operation (CAF0) regulations to address soils that can be present on a  Colorado Division of Wildlife.
 Require protection of irrigation ditches development site, for example,  Clarke County, VA. Municipal
and maintenance access waste, odors, and water quality Fencing With Wildlife In Mind.
25% per LEED-ND Available online. (Search word Code, Section 3-A-1 Agricultural
“fencing”). Retrieved 2-9-09. Open Space Conservation District.
Incorporates sliding scale
Dairy cattle operations today
 American Planning Association. agricultural zoning using a Land
commonly have herds numbering PAS Report No. 482, Planning Evaluation and Site Assessment
in the thousands and Zoning for Concentrated System. Available online.
Animal Feeding Operations Retrieved 2-3-09.
 Oregon Exclusive Farm Use zone
districts. Available online. See, for
example, Multnomah, OR. Zoning
Code, Chapter 36, “West of Sandy
Agricultural Land Reserve within the greater River Rural Plan Area” Available
Vancouver, B.C. metropolitan region
online. Retrieved 3-3-09.

Prodigious amounts of water and

fossil fuel based fertilizers and
pesticides are required to produce
commodity crops

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Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact  Blaine County, ID, County Code,
Standards Chapter 5-A. Productive Agricultural
District. Restrictions on residential
development in rural areas.
Available online. Retrieved 2-3-09.
Gold
Ranch, Driggs, Idaho
 City of Davis, CA. Voter approval
required for change of agricultural
use. Municipal Code, Section
40.41.020. Available online.
Peach orchard, Palisade, Colorado Retrieved 2-2-09.
 City of Davis, CA. Agricultural land
offset requirements. Municipal
Code, Section 40A.03.030.
Available online. Retrieved 2-3-09.
 U.S. Green Building Council. LEED-
ND Prerequisite SLL #5 Agricultural
Land Conservation. Available
online. Retrieved 2-3-09.

B. SMALL SCALE FOOD PRODUCTION AND URBAN AGRICULTURE

Achievement Levels
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Adopt resolution or zoning purpose  Permit broad range of urban agricultural  Permit urban gardens and urban  City of Detroit. Supporting Bronze
Obstacles statement supporting urban agriculture and animal husbandry uses such by agricultural spaces to meet Urban Agriculture. Available  City of Chicago, IL. Zoning Code,
 Allow front-yard vegetable gardens in right in suburban and urban areas with residential open space set aside online. Retrieved 2-3-09. Chapter 17-6 Special Purpose
residential districts use conditions to ensure compatibility requirements  Community Food Security Districts. Community Gardens.
 Allow urban gardens as a permitted use  Allow urban agricultural accessory  Override private covenants that Coalition (2002). Urban Available online. Retrieved 2-3-09
in public parks and open space structures such as pens, coops and prohibit small-scale agricultural Agriculture Report. Silver
storage sheds uses
 City of Madison, WI. Zoning Code,
Community garden
Chapter 28. Keeping of chickens
as an accessory use. Available
online. Retrieved 2-3-09.
Create  Offer density, intensity, or height  Give open space and landscaping credit  Give storm water management Bronze
Incentives bonuses for urban agricultural space or for preserving existing urban agricultural credit for providing agricultural land  City of Portland, OR. Rooftop
green roofs used for urban agriculture spaces or creating new ones or open space on site gardens bonus provisions. City
 Offer extra credit for fruit trees as part of  Allow limited commercial or home sales Code, Chapter 35.510 Central City
landscaping requirements of food produced on site Plan District (p. 510-32). Available
online. Retrieved 2-5-09.
Urban chicken ranching

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FOOD PRODUCTION AND SECURITY

Achievement Levels
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact  Require urban agricultural space as a  Adopt urban agricultural compatibility  Require new residential  Portland, OR. Study on urban Gold
Standards part of new residential developments standards to address type of fowl and development to mitigate loss of agriculture. Diggable City  U.S. Green Building Council.
 Require planting of fruit trees on animals, number and prohibited toxic open space by replacing with urban Phase II, Chapter III Land Use LEED-ND, NPD Credit 16 Local
residential lots and subdivisions as a chemicals agricultural land Policy and Zoning Analysis Food Production. Farm land
part of landscaping requirements  Limit processing of plant and animal  Require residential developments to (2005). Contact the Portland dedication and improvement
products in residential areas purchase shares in a community Bureau of Planning and requirement and community
supported agriculture program Sustainability at 503-832-7700. supported agriculture standard.
within region Available online. Retrieved 2-3-
Urban garden, Chicago, Ill 09.

C. ACCESS TO HEALTHY FOOD

Remove  Lift convenience store restrictions on  Limit the use of restrictive covenants by  Permit farmers markets in all  Holmes, Joe and van Hemert, Silver
Obstacles size and the sale of fresh fruit and grocery stores that prohibit land to be commercial and mixed-use zone James. (2008). Healthy Food  City of Chicago, Ill. City Code of
vegetables on fresh fruit and vegetables used by other grocery stores in the districts Systems, Research Monologue Chicago, Section 17-1-1004
 Allow temporary farm stands event of closure. Series. The Rocky Mountain Negative Use Restrictions
Land Use Institute. Available Prohibited as Against Public
online. Retrieved 2-5-09. Policy. Limits on restrictive
 American Planning covenants for grocery and drug
Association. Policy Guide on stores. Available online. Retrieved
Community and Regional Food 2-3-09.
Planning. Available online.
Farmers market Retrieved 2-9-09.

Create  Streamline the development review  Establish a special use district for  The Food Trust’s Healthy Silver
Incentives process for supermarket development grocery stores Corner Store Initiative provides City of San Francisco. Neighborhood
financing and technical serving grocery stores. City Code,
assistance to small retailers Article 2, SEC. 249.36. Fulton Street
offering produce and other Grocery Special Use District. Available
healthy products. Available online. Retrieved 2-5-09.
online. Retrieved 2-9-09.
Enact  Establish grocery store zoning standards  Permit grocery stores in all business and  Restrict the number of formula (fast Bronze
Standards residential zones food) restaurants
 Enact public market standards  City of Dallas. Municipal Produce
 Permit the display of fruits and  Require grocery stores in Market, Section Chapter 29, The
vegetables on public sidewalks development plans Dallas City Code. Available online.
(Search for Volume III, Chapter
Urban grocery store, downtown 29). Retrieved 2-3-09.
Edmonton, Alberta, Canada

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FOOD PRODUCTION AND SECURITY

Achievement Levels
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact  City of San Francisco, CA.
Standards Municipal Code, Article 5.3:
Display of Fruits and Vegetables
or Nonfood Merchandise on Public
Sidewalks. Available online.
Retrieved 2-4-09.
Fruit and vegetable display on Gold
sidewalk. Kensington Market,
Toronto, Ontario, Canada  City of Arcata, CA. Amendment to
Municipal Code Title IX To Limit
Formula Restaurants. Available
Raspberries, beans and peaches in an edible online.
urban landscape, Denver, CO  City of Vancouver, B.C., Canada.
False Creek North Official
Development Plan, Section 3.3.4
Retail Services. Requirement for a
grocery store. Available online.
Retrieved 2-6-09.

STRATEGIC SUCCESS FACTORS

Successful outcomes require that regulatory tools be grounded in solid comprehensive policy planning and accompanied by competent administration and supportive programs.
PLANNING POLICY
 Establish a regional food policy council
 Develop a comprehensive plan food policy element
PROGRAMS & ADMINISTRATION
 Identify urban agricultural contact in planning department
 Create conservation easements and fund the outright purchase of productive agricultural area by land trusts or local communities
 To attract grocery stores:
 Use tax Increment Financing to facilitate construction in low income neighborhoods
 Facilitate land assembly, including the use of eminent domain
 Bundle land by promoting several sites to supermarkets that include both high wealth and low wealth areas
 Provide financing and technical assistance to small retailers offering produce and other healthy products

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Renewable Energy: Wind Power
Revised 2-3-09

INTRODUCTION
As fossil fuel prices rise and climate change looms, interest in renewable energy is increasing. Wind is an abundant
resource in much of the U.S. Wind energy could reliably supply at least 20 percent of the nation's electricity, perhaps
more. By the end of 2007 wind turbines supplied approximately one percent of all U.S. utility power generation. Wind
power development is expanding in the U.S., and technologies are being developed and improved, increasing the ability
to harness wind in a variety of rural and urban settings. Wind power technology has diversified in the last decade, with
turbines of more sizes and configurations, of quieter and more efficient design. The range of new turbines types enable
wind power to be harnessed in a much wider variety of settings than ever before.
As citizens’ interest in sustainability and energy alternatives increases, many local governments that have never
processed an application for a wind turbine (a.k.a. Wind Energy Conversion System, or WEC) permit will be asked to
review one. Most are unprepared, lacking standards that can ensure safe installation in compatible locations. This can
result in lengthy, costly public review processes that yield mixed results, while exaggerated fears can lead to adoption of
zoning or permitting standards that drive up costs and reduce the efficiency of WECS.
“Large” or utility-scale WECS can be 400 feet tall or more, and may be rated to produce as much as 2 MW each. Each
MW of utility wind power is enough to power 240-300 homes. “Small wind” refers to wind power generated by WECS
rated 100 kW or less, which are generally smaller than 120 feet tall, and are typically used to power farms, homes, or
businesses. 1 In steady, moderate winds, a single small WEC of 5-7m rotor diameter can power one or more homes.
The U.S. Department of Energy (DOE) and National Renewable Energy Laboratory (NREL) have mapped the wind
resources in the U.S. (See map this page.) and provide state-level wind resource maps for most states. More than half
of the U.S. experiences Class 3 wind or better, which is sufficient to power small WECS, at 50m elevation. Typically,
utility wind is developed where winds are Class 4 or better. The electricity production potential of a WEC depends on
both the design, and on access to steady, non-turbulent wind. The best wind is found at least twice as high and at least
300 feet away from obstructions, such as buildings or trees, and in areas with relatively flat topography.
GOALS FOR WIND POWER
A U.S. household with average energy demand (10,565 kWh, according to the Department of Energy) that uses the Goals for wind power elements of a sustainable community development code should be to:
typical mix of U.S. utility energy emits 16,376 pounds of carbon per year. In 2000, the U.S. E.P.A estimated the annual
carbon emissions of an average U.S. passenger car at 11,450 pounds per year. Thus, on average, each home that is  Provide clear standards to protect neighbors from potential nuisance impacts of WECS (Insure that one
powered 100% by wind, which emits no carbon, reduces emissions equivalent to taking 1.4 cars off the road. Wind man’s turbine is not another man’s migraine!)
power has other benefits as well, such as reducing dependence on foreign oil, providing dispersed back-up energy in  Create a predictable environment for those that invest in WECS, in terms of zoning and permitting review
the event of grid failures, and better air quality. time and cost, and access to the wind source over time
Zoning and permitting standards are often one of the biggest costs of, and impediments to, WEC installation.  Limit development permitting requirements (such as studies, certifications, etc.) to the minimum necessary
Conversely, well-written and reasonable standards can encourage installation of WECS. for rigorous review, and scale them for small versus large WECS
 Avoid overly restrictive, unnecessary provisions – such as low height limitations – that substantially reduce
the effectiveness of WECS, which discourages investment in them

1 Watts (W) are units of power. A kilowatt (kW) is 1000 watts, and megawatt (MW) is 1000 kW. WECs are generally rated for their maximum
power output capacity under normal wind conditions (as defined by the manufacturer). Energy production and use are commonly expressed in
kilowatt hours (kWh), meaning a kilowatt of power used continuously for an hour.

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RENEWABLE ENERGY
LARGE-SCALE WIND ENERGY CONVERSION SYSTEMS
KEY STATISTICS:
 Approximately one percent of U.S. electrical energy was supplied by WECS as of 2007
 The theoretical wind energy potential of North Dakota is equivalent to 25 percent of U.S. energy demand 2
 Estimates vary, but many studies suggest that WECS could reliably provide 20 to 40 percent of nationwide energy needs
 Utility -scale wind power generation is typically developed in areas of Class 4 or 5 winds (in some cases, Class 3 winds are sufficient).
 Typically, each MW of electricity capacity from a wind farm can power 240-300 homes. 3 Thus, a wind farm of 50 1.8 MW wind turbines operating at full capacity could power more than 20,000 homes
 Large scale wind is defined as a WEC that produces 1000 kWh annually; many modern wind farm WECS are 250 to 400 feet tall and are rated at 1.5 to 1.8 megawatts
Achievement Levels (Note: Higher Achievement Levels Generally Incorporate Lower Levels
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Repeal any outright ban on  Allow large-scale WECS as a  Allow large-scale WECS as a by-  Some states (e.g., CA, NV, WI,  The American Wind Energy
Obstacles WECS. Instead, regulate to special use subject to right use subject to performance NJ, and MI) have passed Association offers an excellent
manage impacts performance standards to speed, standards to speed, and reduce legislation that restricts local siting guide for large-scale wind.
 List WECS as an exception to and reduce costs, of permitting. costs, of permitting control of WECS to ensure that Available online. Viewed 1/6/09.
general height limits Enumerate specific standards vs.  Allow energy produced by a large local regulations are designed  Integrating wind power into
case-by-case negotiation WEC on one property to be used off- to address impacts rather than traditional utility systems has
 Identify areas that are suitable prohibit WECS
for large-scale WEC facilities in  Do not allow rejection of WEC site by property owners who record unique challenges. National
local plans and land use maps facilities on aesthetic grounds formal agreements (this is known as  The National Renewable Renewable Energy Laboratory’s
except in specially designated “community wind”) Energy Laboratory (NREL) and provides a range of integration
 Identify areas that are off-limits areas U.S. Department of Energy studies and resources. Available
to WEC facilities due to scenic, (DoE) provide state wind online. Viewed 1/6/09.
natural, and other values. Avoid resource maps that help assess
the still-borne project syndrome typical wind in a local area.
Available online. Viewed  Site-specific assessments are
1/6/09. necessary to determine local wind
A 0.9 MW turbine is erected in the capacity. NREL offers a wind
 A single, large WECS is more resource assessment handbook.
agricultural landscape of Iowa. Credit:
cost effective than many small Available online. Viewed 1/6/09.
NREL
WECS
 Hull, MA has installed two large
WECS as part of the municipal
utility system. Each is
freestanding, and is not part of a
wind farm. Available online.
Viewed 1/6/09.

2 American Wind Energy Association. How much energy can wind realistically supply to the U.S.? Available Online. Viewed 1/6/09.
3 American Wind Energy Association. Wind Industry Statistics. Available Online. Viewed 1/6/09.

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 Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Create  Lower or eliminate zoning and  Map local areas, identifying wind  The cost of developing wind
Incentives permitting fees for utility WECS resources and current uses power is comparable to more
compatible with utility wind traditional utility power. In some
development, and list utility WECS places, voters have required
as a by-right use in these areas utilities to develop sources of
renewable energy
Enact  Adopt standards for utility-scale  Allow complementary uses of the  Zone areas with ideal utility wind  Setbacks of 1000-1500 feet are  Many states offer model WECS
Standards WECS vs. case-by-case land around WECS, such as power conditions (undeveloped generally accepted as adequate ordinance language. Two
A 44 MW wind farm in West Virginia.
negotiation agricultural uses areas with Class 4 or 5 winds near to address risk of “ice throw,” examples that focus on utility wind
Credit: NREL
 Adopt setback standards for  Require soils studies to ensure the power grid) for uses that are “flickershadow,” or “vibro- facilities are Pennsylvania
wind farms of at least 1000 feet stability adequate for the heavy compatible with wind farm accoustical” effects. Studies of Available Online, and
loads of large WECS development sound and shadow effects are Massachusetts. Available Online.
 Exempt utility WECS from appropriate if setbacks are
 Map areas with endangered bird Viewed 1/6/09.
district height limitations  Require shadow and noise smaller
modeling to ensure that species or major bird migratory  Many local WEC ordinances in
 Adopt noise standards that corridors and restrict wind farm  Without actual nuisance impacts
flickershadow or vibro-accoustical counties and rural areas focus on
regulate the noise level at the development in these areas (e.g., noise, flickershadow, etc.),
effect will not degrade property large, utility WECS. Two
property line and protect nearby studies show no evidence that
values on nearby residences  Require utility companies to restore examples are Manitowoc County,
residents being within view of a wind farm
vegetation disturbed by turbine WI. Available online, and Antis
 Do not restrict WECS from depresses property values. Township, Pa, which requires a
installation
prime wind access areas Available online. Not working minimum WEC size of 2 MW.
 Adopt standards for minimum 1/6/09. Available online. Viewed 1/6/09.
ground clearance for the rotor  Avian impacts from turbines are
blades. 30 feet is a typical typically very limited outside of
minimum major migration corridors. The
Beauty in the eye of the beholder: A Audubon Society endorses well-
WECS against a sunset. Credit: NREL sited wind turbines. Available
online. Viewed 1/6/09.

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SMALL-SCALE WIND ENERGY CONVERSION SYSTEMS (WECS)
KEY STATISTICS:
 Small-scale wind is typically defined as WECS rated to produce electricity at a rate of 100 kW or less
 In moderate (class 3) winds, a small WECS with rotor diameters between 4 and 7 meters generates, on average, enough electricity to power one average U.S. home
 More than half of the U.S. experiences winds of class 3 or better at an elevation of 50 meters
 Every average U.S. home powered by 100 percent wind energy avoids carbon emissions equivalent to removing 1.4 average U.S. passenger cars from the road 4
Achievement Levels (Note: Higher Achievement Levels Generally Incorporate Lower Levels)
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Repeal any outright ban on  List small-scale WECS as a  Allow small WECS as a by-right  Wisconsin state law prohibits  The zoning regulations of the Town of
Obstacles small WECS. Instead, conditional use in non-residential use subject to performance municipalities from placing Nevada, IA, allow small WECS by
regulate to manage impacts and large-lot residential districts standards to speed and reduce restrictions on WECS except to right in the industrial districts and by
 Explicitly list small WECS as  Scale performance standards and costs of permitting protect or preserve public health or special use permit in all other
an exception to general permitting requirements to be  Allow small turbines in a wider safety, and where cost does not districts, subject to performance
height limits appropriate for small WECS, do range of zone districts including significantly increase or efficiency standards. WECS are exempt from
not treat as large WECS industrial, urban, commercial, decrease. A special exception is the general height restricts of the
 Exempt rooftop WECS from provided that WECS may be zone districts, but height is limited
screening requirements for  Preempt home owner association large-lot residential, and
suburban zone districts excluded from a scenic byway of through a use standard. Available
This home uses both solar and wind rooftop electrical and covenants where they contain state-wide importance. Available online. Viewed 1/6/09.
technology. Credit: NREL mechanical equipment general prohibitions - such as on  Avoid requiring “camouflage” of online. Viewed 1/6/09.
accessory structures - that WECS in tree colors. The
inadvertently prohibit small WECS factory color of most turbines, A recent study in Warwick, U.K.,
matte grey, is best for blending (Available online, accessed 1/10/09)
into a range of sky conditions. showed that very few rooftops have
Available Online. Viewed fast, clean wind the needed for
1/6/09. efficient power generation. Thus,
allowing exclusively rooftop WECS
has very limited benefit to a property
owner, the environment, or the
community.
A rooftop WECS was integrated into this
new San Francisco home. Credit: R. Create  Give credit for on-site WECS  Rather than limit power generation  Use district-wide building height  Some communities restrict power  Eagle County, Colorado, available
Wood. Incentives in any green-building or to on-site use only as is often limits to protect wind access generation to "on-site use," online, and Marin County, available
performance-based done in defining small utility/power and increase predictability for eliminating the potential community online are examples of communities
development review points generation facilities, allow some those that invest in WECS benefit of excess clean energy to with performance-based permitting
system excess production, as long as on-  Encourage net metering caps of help balance community impacts. A systems that award points for
 Reduce or eliminate zoning site use is the primary purpose not less than 5MW, if at all, to better approach is a limit overall producing wind energy. Viewed
permitting fees for small and the production is non- encourage development of system size for distributed 1/6/09.
WECS commercial distributed energy generation generation, net metering, and/or grid  Some states and utilities offer
interconnection, such as to 5MW incentives. The state of Oregon offer
 Map areas with the best wind
potential and restrict new uses  The LEED Neighborhood a residential tax credit for wind
In Saco, Maine, this small WECS to those that are locally Certification includes credit for on- turbines of $2 per kWh produced
supplies power for the transit station. acceptable in conjunction with site energy generation. Available during the first year, up to $6,000.
Credit: City of Saco, ME. small turbines online. Viewed 1/6/09. Available online. Viewed 1/6/09.

4 Heller, E. Wind and Solar Energy Production and the Sustainable Development Code, RMLUI Symposium. 2007. Available online. Viewed 1/6/09.

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 Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact  Adopt standards that are  Adopt standards that allow for  Require that new developments  Small turbines do not have “ice  Many states offer ordinances for
Standards scaled for small versus large alternative compliance, such as: of high energy consuming uses throw,” “flickershadow,” or “vibro- municipalities. The draft Wisconsin,
WECS  …setback standards that may generate on-site energy using accoustical impacts; Siting or available online, and Michigan
 Adopt setback standards for be decreased if a building renewable resources such as environmental impact studies need models, available online, are
WECS of 1.1 - 1.5 times the inspector certifies correct geothermal, solar, or wind not be required for small WEC examples that include standards
total turbine height (support installation or if neighbors  Optimize wind access with permitting. Available online. specifically for small WECS. Viewed
structure height + rotor record waivers height standards that allow Viewed 1/6/09. 1/6/09.
radius) WECS to be twice as tall as  The Centennial, CO zoning
 …climb-ability standards that
surrounding structures and  Bird kill from small WECS is ordinance allows small WECS by
 Exempt WECS from district do not require fencing if there
mature trees extremely limited: less than the kill right in any zoning district with just a
A 100 kW WECS in an industrial area of height limitations, similar to are no climbable features
rate of a house cat or sliding glass building plan check, and includes
Dorchester, Massachusetts. Credit: flagpoles or cell towers. Allow below 12 feet above ground  Allow energy produced by a
door. Available online. Viewed simple, clearly written standards to
NREL. WECS to be placed at least level small WEC on one property to
1/6/09. address potential impacts. Available
25-35 feet higher than  Adopt height standards for be used off-site by neighbors
online. Viewed 1/6/09.
structures or tree line within buildings in all urban districts, to who record formal agreements
300 feet of turbine provide predictability about  Restrictive height limits expose small
 Define small WECS obstructions and wind turbulence WECS to much greater wind  Chicago, IL allows rooftop WECS as
according to the industry for property owners that are turbulence, which dramatically a permitted accessory use, subject
standard of 100 kW or less considering installing a WEC deteriorates performance and to setbacks and noise limitations.
longevity, undermining cost Available online. Viewed 1/6/09.
 Require one “Danger High  Adopt standards for minimum
Voltage” sign. Only require ground clearance for the rotor effectiveness. The DoE’s Wind
fencing or anti-climbing blades. 30 feet is a typical powering America program offers a  Duluth, MN allows a WEC, up to 130
features as for similar minimum web presentation on the importance feet tall, as a permitted accessory
A 2 kW WECS fits into a residential of tower height. Available online.
neighborhood in Winter Harbor, Maine. attractive nuisances (i.e., use on lots in suburban, commercial,
 Require proof of approval of a grid Viewed 1/6/09.
Credit: NREL swimming pools, cell towers) and industrial districts. Available
connection from the local utility to
online. Viewed 1/6/09.
 Adopt noise standards that enable net metering
regulate the noise level at the  Restrict small WECS in limited
property line historic, scenic, or other special  Henderson, NY allows rooftop
 Require underground character areas where their visual WECS as a permitted accessory use
placement of transmission impact is unacceptable to in all districts, small WECS as a
lines from the WECS to the community members special use in business districts and
user or power grid to the some residential districts, and wind
After one neighbor installed a small  Do not require WECS to be lower farms as a special use in some
maximum extent feasible than mature trees, which reduces
WECS, several neighbors followed suit districts. Available online. Viewed
in the upscale community of Oak Hills,  Instead of a minimum lot size, their efficiency and cost- 1/6/09.
California. Credit: NREL allow WECS on any lot where effectiveness
it meets setback, sound, and  Camden County, NC wind ordinance
all other standards setbacks are based on the height of
the WECS. Smaller setbacks are
 Do not require screening of allowed with a wind easement from
WECS, which reduces their an adjacent property owner. Permits
efficiency and cost- for large WECS require an
effectiveness acoustical study, but not for small
WECS. Available online. Viewed
1/6/09.

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Site Design Strategies for Solar Access
INTRODUCTION
A great deal of attention has been placed on the role of sustainable building design and construction techniques in
recent years. Many communities have adopted standards that encourage or require compliance with programs such as
The Leadership in Energy and Environmental Design (LEED) Green Building Rating System™. The LEED system has
become the nationally accepted benchmark for the design, construction, and operation of high performance green
buildings. The program encourages the use of products and techniques to promote sustainable site development,
water savings, energy efficiency, materials selection, and indoor environmental quality. 1
Much less emphasis, however, has been placed on the role of site planning in a sustainable design program—and more
specifically, on site design for solar access. The incorporation of both active and passive solar techniques are
highlighted in any discussion of green building design, yet in order for either approach to be viable, they must have ensure that the conversion of homes from traditional energy sources to solar energy over time can be accomplished
unobstructed solar access for a certain period of each day. Without careful consideration during the planning stages of relatively easily. Homes that are pre-designed to accommodate solar devices, not only from a site planning standpoint,
a new neighborhood, future opportunities for the installation of active or passive features can be dramatically reduced or but from a plumbing, wiring and structural standpoint as well can make future installations much easier and less costly.
even eliminated altogether.
GOALS FOR SOLAR ACCESS
In order to ensure that the concept of sustainability encompasses the entire development site, not just what falls within
While numerous examples of local governments adopting regulations to protect solar access opportunities are cited in
the building envelope, additional steps must be taken. A pilot program currently being developed by the U.S. Green
this chapter, there is much yet to be done. This section outlines specific strategies and actions to be taken by
Building Council (USGBC) entitled LEED for Neighborhood Development or LEED ND 2, represents an important step
communities wishing to take their policies to the next level. A range of examples are provided to help illustrate how the
towards broader consideration for solar access. For now, however, the application of these provisions is limited
strategies can be adapted to a range of situations depending upon the level of policy commitment, available staff
primarily to the individual developers who choose to use them. Zoning regulations play a significant role in the
resources, and political environment.
implementation of solar energy technologies at the local level, defining where, how, and when they may be used. Many
communities have recognized the importance of addressing solar access within their zoning regulations and have taken The primary goals of this chapter are to:
steps to define the degree to which solar will be allowed, encouraged, or even required.  Remove regulatory obstacles and streamline processes for the installation of solar technologies
IMPLICATIONS OF NOT ADDRESSING THE ISSUE  Implement protective regulations to ensure that property owner investments in solar technologies are
protected
The implications of not establishing provisions for solar access at the local level can be significant. At the most basic
 Preserve the opportunity for increased use of solar technologies in the future;
level, the opportunity for a community to reduce its energy consumption is diminished substantially. Without provisions
in place to ensure solar technologies are allowed and that access to them is protected, they become more difficult and  Provide incentives for the use of solar technologies in new construction and in the renovation of existing
more costly to implement—and thereby may be passed over by all but the most “green” developers and homeowners. homes; and
Choosing not to establish solar access provisions may also be costly to local governments as staff time needed to  Promote an overall reduction in energy usage
process variances and other requests increase.
On the other hand, establishing solar access provisions can be beneficial at a variety of levels. At a site planning level,
organizing new development to achieve proper solar orientation can improve the energy efficiency of buildings on the
site at little or no additional cost. When combined with other sustainable building techniques, the benefits of requiring
and/or protecting solar access can be dramatic. For example, placing a building’s long face on an east-west axis with a
large percentage of its windows on the south side can reduce fuel consumption by up to 25%. 3 In its Solar Access
Design Manual, the City of San Jose, California states that it found that proper solar orientation of new homes built in
the San Jose area produced total energy savings of 11 to 16.5 percent—with up to 40 percent savings from space
cooling. 4 In addition to promoting a measurable reduction in energy usage, solar access provisions can also help

1 U.S. Green Building Council, LEED Rating Systems. Available online. Last accessed online 10/30/08. Photos: Left and right, “Taking the Lead in Building Production-Style Solar Homes”, by Peter Hildebrandt. Available online. Last accessed online 10/29/08; Center, U.S. De
2 U.S. Green Building Council, LEED Rating Systems. Available online. Last accessed online 10/30/08. Practices Series, High-Performance Home Technologies: Solar Thermal and Photovoltaic Systems. Available online. Last accessed online 10/29/08.
3 Guide: Putting Renewable Energy to Work in Buildings. Available online. Last accessed online 10/30/08.
4 City of San Jose, California. Solar Access Design Manual

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RENEWABLE ENERGY
KEY STATISTICS:
 About 9 percent of electricity in the U.S. is generated from renewable sources
 Most electricity in the U.S. is generated by burning nonrenewable fossil fuels
 Proper solar orientation of new homes built in the San Jose area produced total energy savings of 11 to 16.5 percent—with up to 40 percent savings from space cooling
 Placing a building’s long face on an east-west axis with a large percentage of windows on the south side can reduce fuel consumption by up to 25%
 Between 200,000 and 250,000 U.S. homes and businesses have solar panels today, a number that has increased by more than 40 percent a year since Congress passed a federal tax credit for solar energy in 2005

SITE DESIGN STRATEGIES FOR SOLAR ACCESS

ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Identify limiting provisions  Allow modest adjustments  Override existing private  In the last five years, advances in  Los Angeles, Historic Preservation Overlay. Available
Obstacles (e.g. accessory structure to side, front and/or rear covenants restricting solar technology have resulted in photovoltaic online. Available online. Last accessed online 2/11/09.
limits, historic district yard setback devices systems that can be installed in some  Fort Collins, Colorado Land Use Code, Solar Access,
regulations) and craft requirements (or other  Allow solar panels as a by- roofing systems to make them nearly Orientation, and Shading. Available online. Available
exceptions to permit solar conflicting regulations) right accessory use except in invisible—providing an alternative to online. Last accessed online 2/11/09.
energy devices that allow applicants to special districts (e.g., historic tradition panels in areas where aesthetics
meet solar access are of significant concern (e.g. historic  Gresham, Oregon Development Code, Solar Access
 Prohibit solar restrictions districts) Standards. Available online. Available online. Last
in new private CC&Rs in requirements districts). See US Department of Energy,
Building America Best Practices for High- accessed online 2/11/09.
subdivision regulations
Performance Technologies: Solar Thermal  Multnomah County, Oregon Solar Access Provisions for
& Photovoltaic Systems. Available online. New Development. Available online. Available online. Last
Last accessed online 2/11/09. accessed online 2/11/09.
 The LEED ND pilot program incorporates a  City of Berkeley, California, Title 23 (Zoning Ordinance)
section on Solar Orientation intended to, Section 23D.04: Lot and Development Standards.
“achieve enhanced energy efficiency by Available online. Available online. Last accessed online
creating the optimum conditions for the use 2/11/09.
of passive and active solar strategies.” The  Teton County, Wyoming, Solar Access Regulations.
section is one of twenty potential credits Available online. Available online. Last accessed online
under the section entitled Green 2/11/09.
Construction & Technology. Available
online. Available online. Last accessed
online 2/11/09.

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RENEWABLE ENERGY
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Create  Reduce or eliminate  Reduce building permit  Allow applicants to “earn”  Database of State Incentives for Efficiency  Eagle County, Colorado Efficient Building Code. Available
Incentives permit fees for the fees for projects that additional density or height by and Renewables (DSIRE). Available online. online. Last accessed online 2/11/09.
installation of solar incorporate solar concepts incorporating solar concepts Last accessed online 10/29/08.  Austin, Texas, Development Code: Subchapter E: Design
devices on an existing in the overall design into a project’s overall design  The City of Tucson offers a tiered Solar Fee Standards and Mixed-Use. Available online. Last accessed
structure  Provide staff assistance to Incentive Waiver for new construction and online 2/11/09.
homeowners to orient new renovation. Available online. Last accessed  Pullman, Washington, Development Code, Planned
homes for solar access online 2/11/09. Residential Development: Section 17.107 (incentives for
 The City of Oakland, CA expedited its solar solar access). Available online. Last accessed online
energy use through a 2001 initiative that 2/11/09.
waived design review requirements for
installation of solar production facilities. The
initiative expired in 2003; however, the city
is evaluating the impact of this ordinance
and evaluating the feasibility of its
continuance.
 A range of articles and other materials on
renewable energy are available in the
American Planning Association’s February
2008 PASInfoPacket entitled Planning and
Zoning for Renewable Energy..Available
online. 2/11/09.
Enact  Require key features of a  Require variation in width  Require a minimum  State of New Mexico Solar Collector  Fort Collins, Colorado Land Use Code, Solar Access,
Standards development plan to have of lots to maximize solar percentage of solar-oriented Standards Act. Available online. Last Orientation, and Shading. Available online. Last accessed
access to sunshine access lots or buildings in new accessed online 2/11/09. online 2/11/09.
 Enact regulations to  Include solar access as developments  US Department of Energy, Building America  Portland, Oregon, Solar Access Regulations. Available
preserve solar access an optional or required  Require a minimum Best Practices for High-Performance online. Last accessed online 2/11/09.
standard in residential and percentage of energy in new Technologies: Solar Thermal & Photovoltaic  Teton County, Wyoming, Solar Access Regulations.
commercial design developments to come from Systems. Available online. Last accessed Available online. Last accessed online 2/11/09.
guidelines solar online 2/11/09.
 Establish a tree dispute  Guide: Putting Renewable Energy to Work
resolution process and in Buildings. Available online. Last
criteria by which property accessed on line 2/11/09.
owners may resolve
issues regarding the
obstruction of solar
access to a property by a
tree or trees on a
neighboring property

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RENEWABLE ENERGY
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact  Require buildings to be  U.S. Green Building Council, LEED for  Ashland, Oregon, Municipal Code. Available online. Last
Standards solar ready. Key Neighborhood Rating System (See Green accessed online 2/11/09.
considerations for solar Construction and Technology chapter.  City of San Francisco, California, Tree Dispute Resolution
readiness include: Available online. Last accessed online Ordinance. Available online. Last accessed online 2/11/09.
orientation for solar 2/11/09.
exposure, wiring,  Berkley, California, Title 23 (Zoning Ordinance) Section
plumbing, and roof 23D.04: Lot and Development Standards. Available online.
structures pre-designed to Last accessed online 2/11/09.
handle solar collectors  Boulder, Colorado, Solar Access Regulations. Available
online. Last accessed online 2/11/09.
 San Luis Obispo, California, Municipal Code: Section
16.18.170, Easements for Solar Access. Available online.
Last accessed online 2/11/09.
 Prairie du Sac, Wisconsin, Land Use Regulations, Chapter
8: Solar Access. Available online. 2/11/09.
 Clackamas County, Oregon, Zoning and Development
Ordinance, Solar Access Ordinance for New Development.
Available online. Last accessed online 2/11/09.

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Visual Elements
Revised 2-11-09

This chapter is divided into three distinct sections:

A) Natural skyline preservation

B) Natural viewshed protection

C) Promote softening of urban development

Additional introductory material will be developed in concert with other elements of the Livability section of the code.

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VISUAL ELEMENTS

Restricted Development Area, Napa County, CA

Viewshed Protection, Napa County, CA

A. NATURAL SKYLEINE PRESERVATION

ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Identify specific skyline areas and critical  Establish base understanding through  Define techniques for projecting  Napa County, CA defines Napa County, Viewshed
Obstacles vantage points for evaluating development for purpose and intent provisions and key view line and measuring degree of minor and major ridgelines Protection Ordinance.
skyline impacts definitions intrusion into the skyline and critical definitions Available online. Retrieved 1-
 Remove code provisions that promote skyline 30-09.
development or inhibit the avoidance of skyline
development
Create  Define examples of roof designs, color pallets  Amend code to lessen criteria for variances  Allow administrative approval of  Castle Rock, CO skyline  Castle Rock, Colorado.
Incentives and vegetative screening to mitigate skyline that minimize or avoid skyline development reduced dimensional limitations provisions contain Skyline/Ridgeline
development (i.e., minimum lot size and procedures and standards Protection Regulations
setbacks) to minimize or avoid for variances that are Available online. Viewed
skyline development specific to the skyline rules 1-30-09.

Enact  require new structures on existing lots to be  Mitigate impact through height limitations,  Prohibit skyline penetration with  Teton County, WY requires Teton County, Natural,
Standards located to avoid skyline development to the massing, exterior color, form, earth moving subdivision design using building location of new structures on Agricultural, Scenic and
maximum extent possible and landscaping. envelopes previously platted lots to Tourism Resources Protection
avoid skyline impacts if a ordinance. Available online.
building site is possible Retrieved 1-30-09

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VISUAL ELEMENTS

Telluride, Colorado, Transitional Hillside Treatment Area and Hillside Overlay

B. NATURAL VIEWSHED PROTECTION

ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Identify specific view shed areas and critical  Establish base understanding through purpose  Allow administrative approval of  Telluride, CO illustrates  Telluride, CO.
Obstacles vantage points for evaluating development for and intent provisions and visual illustrations reduced dimensional limitations designing development to fit Transitional Hillside
view shed impacts (i.e., minimum lot size and natural contours Treatment Area and
setbacks) to minimize or avoid Transitional Hillside
development impacts on view Overlay. Available online.
sheds Retrieved 1-30-09.
Create  Define examples of development patterns  Allow administrative review of development  Allow density increase in return for  San Rafael, CA allows  San Rafael, CA, Hillside
Incentives (i.e., cluster development) and vegetative meeting minimal level of view shed protection, clustering development in the rear administrative approval of Protection Area.
screening) that minimize or avoid development and Council approval of higher levels of view of the view shed near of vegetative minor development in Available online.
impacts on view sheds shed impact or topographic break Hillside Protection Area Retrieved 1-30-09.
 Santa Clara County has a  Santa Clara, CA. Santa
three tier approval process Clara Valley Viewshed
for development in view Ordinance. Available
shed areas online. Retrieved 1-30-09.
Enact  Adopt deep setbacks from roads along critical  Require visual analysis as part of application  Require development to locate along  View shed development in  Teton County, WY.
Standards view shed corridors submittals to illustrate impacts of view shed rear of view shed to maximum Teton County, WY must be ,Natural, Agricultural,
 Require development to parallel natural development extent possible, then along side of located on the edge of the Scenic and Tourism
contours and minimize site disturbance on  Establish vegetative screening standards and view shed to accommodate foreground to minimize Resources Protection
ordinance. Available

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VISUAL ELEMENTS
hillsides building forms to minimize impacts of view remaining entitled development intrusion into the scenic area online. Retrieved 1-30-09.
shed development
 Prohibit development on hillsides steeper
than 25% grade

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VISUAL ELEMENTS

Façade images from Telluride, CO. Infill compatibility (below) from Fort
Collins, CO.

C. PROMOTE SOFTENING OF URBAN DEVELOPMENT

ACHIEVEMENT LEVELS
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove  Describe and illustrate building types that are  Establish Urban Design Districts that illustrate  Allow administrative approval of  Belmont defines and  http://www.cityofbelmont.
Obstacles vernacular to the community area specific design character and principles reduced development limitations illustrates vernacular org/webroot/departments/
 Establish policies, purpose and intent (i.e., setbacks; parking) to permit architecture show/16
provisions aimed at preserving community urban development that achieves  Telluride, CO defines and  Telluride, CO. Main
character and creating vibrant urban spaces the purpose and intent provisions illustrates urban Street Commercial
and pedestrian environments  Allow administrative approval for development policies Treatment Area. Available
 Delete or amend codes that contain development that achieve adopted  Madison, WI and Austin online. Retrieved 1-30-09.
dimensional and parking standards that urban design principles and establish Urban Design  Madison, WI. Zoning
impede use of urban design principles or Council approval for deviations Districts Ordinance. See urban
inhibit mixed use development from design principles design districts. Available
online. Retrieved 1-30-
09.
 City of Austin, TX.
Design Guidelines.

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VISUAL ELEMENTS
Available online.
Retrieved 1-30-09.
Create  Permit large scale retail buildings provided they  Allow taller buildings if they comply with a sky  Allow larger buildings when  Palm Beach County, CA  Palm Beach; County, CA.
Incentives meet certain design standards. plane view angle or contain setbacks for upper building mass is assembled to adopted Large Scale Design Standards.
floors to preserve pedestrian scale of minimize visual impact and Commercial design Available online.
structures at street level maintain pedestrian scale at the standards Retrieved 1-30-09.
 Adopt build to lines to preserve consistent street front
streetscape
Enact  Adopt average façade height and setback  Adopt standards that require infill  Adopt nonresidential design  For Collins, CO enacted  Fort Collins, CO. Land Use
Standards standards to maintain community character development to match scale and character of standards for architectural neighborhood compatibility Code, compatibility
while allowing flexibility to fit the context of the surrounding development treatment of façades, rooflines and standards standards. Available
development site fenestration  Palm Beach County, CA online. Retrieved 1-30-09.
 Establish view cones aligned adopted comprehensive  Palm Beach County, CA,
toward identified landmarks or architectural design Design Standards.
image setting natural features standards Available online.
Retrieved 1-30-09.

Sustainable Community Development Code Beta version 1.2 105