CONSERVATION BASED REGULATIONS

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CONSERVATION BASED REGULATIONS

• GROWTH READINESS WORKSHOP
• (Northern Beltline Stakeholder Group Corridor X
  Task Force)
• GARDENDALE CIVIC CENTER
• SEPTEMBER 26, 2005
• PRESENTED BY JOEY HESTER, AICP
• REGIONAL PLANNING COMMISSION OF GREATER
  BIRMINGHAM

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CONSERVATION BASED REGULATIONS

• OVERVIEW/HISTORY OF CONSERVATION BASED
  REGULATIONS
• IAN MCHARG Design With Nature, 1969
• RANDALL ARENDT Conservation Design for
  Subdivisions, 1996
• LEGAL AUTHORITY/CODE OF ALABAMA
• TYPES
• SUB REGS/CSD
• OVERLAY ZONING, ETC.
• BENEFITS
• GETTING STARTED
• OTHERS/RELATIONSHIPS
• Q A

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CONSERVATION BASED REGULATIONS

• OVERVIEW/HISTORY OF CONSERVATION BASED
  REGULATIONS
• Ian McHarg (1920-2001) - Luminary
• Born near Glasgow, Scotland
• Harvard University, Landscape Architecture and
  City Planning degrees
• Created Department of Landscape Architecture at
  U. of Penn.
• Hosted The House We Live In on CBS, 1960
  (humans/environment)
• Design With Nature, 1969 (landmark
  book/environmental movement)
• Created Overlay Mapping Forerunner to GIS
• Before advanced computer technology, there was no
  way to store, process, or present large amounts
  of spatial data.

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CONSERVATION BASED REGULATIONS

• Quotes from Design with Nature
• "The Task of the highway was to intervene with
  the least possible damage, to exploit and
  reveal the visual qualities of the landscape
  while meeting traffic requirements. So thatin
  the Palisades Parkway, and perhaps most clearly,
  in the Skyline Drive of the Blue Ridge Parkway,
  these objectives were accomplished."
• McHarg argued that form must follow more than
  just function it must also respect the natural
  environment in which it is placed.

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CONSERVATION BASED REGULATIONS
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CONSERVATION BASED REGULATIONS

• Randall Arendt - Luminary
• Land-use planner, site designer, author,
  lecturer, and an advocate of "conservation
  planning"
• Bachelor's degree from Wesleyan University
• Master's degree in Urban Design and Regional
  Planning from the University of Edinburgh,
  Scotland
• Author of more than 20 publications including
  "Rural by Design Maintaining Small Town
  Character" "Conservation Design for
  Subdivisions A Practical Guide to Creating Open
  Space Networks)" Growing Greener Putting
  Conservation into Local Plans and Ordinances"
  and "Crossroads, Hamlet, Village, Town Design
  Characteristics of Traditional Neighborhoods, Old
  and New

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CONSERVATION BASED REGULATIONS
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CONSERVATION BASED REGULATIONS

• LEGAL AUTHORITY/CODE OF ALABAMA
• Regulation of Subdivisions 11-24-1 et seq.
• The county commission or governing body of each
  county is authorized to regulate the planning and
  construction of all public streets, public roads,
  and drainage structures, and require the proper
  placement of public utilities to be located in
  proposed subdivisions.
• Planning commissions shall adopt regulations
  governing the subdivision of land within its
  jurisdiction. Such regulations may provide for
  the proper arrangement of streets in relation to
  other streets and the master plan.
• A planning commission may require a developer to
  reserve property in a proposed subdivision for
  future streets according to a master street plan
  as a prerequisite for the approval of a
  subdivision plat, but the courts have noted there
  are limitations to this authority.

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CONSERVATION BASED REGULATIONS

• Regulation of Subdivisions 11-24-1 et seq.
• Municipal planning commissions have territorial
  jurisdiction over the subdivision of land located
  within the municipality, and all land lying
  within five miles of the corporate limits of the
  municipality and not located in any other
  municipality. 11-52-30 et seq.
• The county engineer must approve plats within the
  extraterritorial jurisdiction of a municipality.
  However, once the plat is approved, it is within
  the exclusive control of the municipal planning
  commission.
• No county shall exercise jurisdiction within the
  jurisdiction of any municipal planning commission
  presently organized and functional.

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CONSERVATION BASED REGULATIONS

• Zoning 11-52-70 et seq.
• The Legislature of Alabama has delegated
  legislative authority to the municipalities of
  the state to pass general zoning ordinances, and
  to establish planning and zoning commissions.
• Each municipal corporation may divide its
  territory into zones or districts and may provide
  for the kind, character, and use of structures
  and improvements that may be erected or made
  within the zone.
• Several counties have gained the power to plan
  and zone through the enactment by the legislature
  of individual amendments to the Alabama
  Constitution (Jefferson, Shelby and Baldwin).

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CONSERVATION BASED REGULATIONS

• Comprehensive Land-Use Management in Flood-Prone
  Areas 11-19-1 et seq.
• Alabama enacted this statute to prevent economic
  and human loss in flood prone areas. This act
  provides a comprehensive land-use management plan
  for each county. The plan should constrict
  development in flood-prone areas, guide
  development away from flood-prone areas, assist
  in reducing damage caused by floods, and improve
  the long-range management and use of floodprone
  areas. The statute authorizes each county
  commission to adopt zoning ordinances and
  building codes for flood-prone areas that are
  outside the corporate limits of any municipality.
  The commissions have broad authority to control
  development in flood-prone zones, to establish
  building codes and health regulations, provide
  maps delineating flood-prone zones, conduct
  related studies, and adopt ordinances for the
  enforcement of regulations. The county shall
  provide for a county board of adjustment to hear
  appeals from this section.

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CONSERVATION BASED REGULATIONS

• TYPES CONSERVATION SUBDIVISION
  REGULATIONS/DESIGN (CSD)/ZONING OVERLAYS
• CONSERVATION SUBDIVISION REGULATIONS
• Characterized by common open space and clustered
  compact lots. The purpose of a conservation
  subdivision is to protect farmland and/or natural
  resources while allowing for the maximum number
  of residences under current zoning and
  subdivision regulations. In some cases a greater
  density (density bonus) to encourage this
  approach to residential development.
• Generally, this tool is used for parcels 40
  acres or larger.

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CONSERVATION BASED REGULATIONS
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CONSERVATION BASED REGULATIONS
www.prairiecrossing.com
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CONSERVATION BASED REGULATIONS
TYPICAL M.O.
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CONSERVATION BASED REGULATIONS

• CONSERVATION SUBDIVISION DESIGN
• In contrast to conventional subdivision design,
  CSD, also referred to as "open space design," is
  basically a "green" version of an approach to
  subdivision design known as "clustering.

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CONSERVATION BASED REGULATIONS
Represents the physical constraints sensitive
environmental features of the site floodplains,
wetlands, steep slopes, wooded areas, etc. (plus
context of surroundings)
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CONSERVATION BASED REGULATIONS
Hypothetical plan by the developer to illustrate
the sites maximum build-out, based on
pertinent subdivision and zoning requirements,
but temporarily disregarding some environmental
constraints
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CONSERVATION BASED REGULATIONS
Created by the developer to illustrate the
intended build-out of the site, in intensity
to the yield plan, but by design, results in a
more compact build-out than conventionally
permitted to avoid disturbance of environmental
features create on-site open space amenities
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CONSERVATION BASED REGULATIONS

• OVERLAY ZONING DISTRICTS
• An Overlay District may be established to give
  specific protection to certain areas within a
  City or County having environmental, historical,
  scenic or some other significance, or to impose
  additional requirements in certain geographic
  areas of the City or County, that are not
  applicable to all areas, for resource protection
  or for the protection of lives and property.
• An Overlay District does not negate the
  requirements of the underlying district, but may
  create additional requirements, regulations, or
  standards.

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CONSERVATION BASED REGULATIONS

• CAHABA RIVER, BUCK CREEK CONSERVATION OVERLAY
  DISTRICT Helena, AL
• INTENT - Protect H2O quality environmental
  integrity, Cahaba south of CR52 additional
  measure of protection due to OAW Classification.
• ADDITIONAL STANDARDS 100 foot min. lot width
  abutting river, 1 acre min. lot size south of
  CR52, max. impervious surface is 50 of lot area
  and stream setback/buffer requirements (200 ft.
  Cahaba 150 ft. Buck, from stream edge).
• 3 ZONES
• Streamside Zone (1) 50 foot min.
• Middle Zone (2) 100 ft. min. for Cahaba 50 ft.
  min. for Buck Creek
• Outer Zone (3) 50 ft. min.

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CONSERVATION BASED REGULATIONS

• CAHABA RIVER OVERLAY DISTRICT Trussville, AL
• INTENT - Protect H2O quality environmental
  integrity of the Cahaba.
• ADDITIONAL STANDARDS 100 foot min. lot width
  abutting river, max. impervious surface is 50 of
  lot area and stream setback/buffer requirements
  (125 ft. from center of river or floodway
  whichever is greater).
• 3 ZONES
• Streamside Zone (1) 25 foot min. from stream
  bank edge
• Middle Zone (2) 50 ft. min. from Zone 1
• Outer Zone (3) 25 ft. min. from Zone 2

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CONSERVATION BASED REGULATIONS

• OTHER ITEMS ADDRESSED (Helena and Trussville)
• Permitted Uses Tied to underlying zoning
  district
• Special Exceptions Same As Above
• Stream Setback/Buffer Maintenance Management
• Fertilizers, herbicides pesticides
• On-Site Sewage Disposal
• Development Controls

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CONSERVATION BASED REGULATIONS
COTTAGE ZONING
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CONSERVATION BASED REGULATIONS

• BENEFITS
• WHY? To protect preserve open space and
  natural areas, but reduce costs improve quality
  of life
• protects streams and water quality
• provides habitat for plants and animals
• preserves rural "atmosphere or character"
• provides recreational areas (public trails
  greenways)
• protects home values
• reduces costs of construction maintenance of
  infrastructure
• reduces costs of municipal services
• creates better places to live
• Subdivision regulations are one of the principal
  tools (along with zoning) for shaping the
  physical form of our communities.
• The subdivision review process assures that
  residential development is designed in a way
  which promotes community objectives such as the
  preservation of open space and natural areas.

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CONSERVATION BASED REGULATIONS

• GETTING STARTED
• WHERE do Conservation Subdivisions fit in?
• Most appropriate in low to medium density
  residential area where the zoning density is low
  enough to allow sufficient clustering and open
  space preservation.
• In urban areas, mixed use developments designed
  as a TND or TOD may be the best option.
• COMMUNITY INVOLVEMENT IS KEY!!!

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CONSERVATION BASED REGULATIONS

• HOW? Adopt Conservation Subdivision
  Regulations, etc.!!
• Conservation subdivision approach involves
  small, but significant, changes to the
  subdivision design and review process.
• Can be provided as an alternative to
  conventional subdivisions.
• Integrate with a comprehensive plan and zoning
  that encourages the preservation of open space
  (over a of years this approach can protect an
  interconnected network of conservation lands.
• Developers can easily become the community's
  leading conservationists, as each new subdivision
  adds another link to an area-wide open space
  system.

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CONSERVATION BASED REGULATIONS

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CONSERVATION BASED REGULATIONS

• OTHERS/RELATIONSHIPS
• CONSERVATION EASEMENTS/LAND
• TRANSFER OF DEVELOPMENT RIGHTS (TDR)
• SCENIC CORRIDOR OVERLAYS/BYWAYS
• UPPER CAHABA STUDY I II
• REGIONAL OPEN SPACE PLAN (RPC)
• COMPREHENSIVE PLANS
• GREEN INFRASTRUCTURE Shelby County Comp Plan
  (LEC, KPS)

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CONSERVATION BASED REGULATIONS

• CONSERVATION EASEMENTS
• A nonpossessory interest in real property
  imposing limitations or affirmative obligations,
  the purposes of which include retaining or
  protecting natural, scenic or open space values
  of real property assuring its availability for
  agricultural, forest, recreational or open space
  use protecting natural, cultural, or historic
  resources or maintaining air or water quality
  and including preservation easements for historic
  or cultural resources.

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CONSERVATION BASED REGULATIONS

• CONSERVATION LAND
• Land owned by a public body, land trust,
  conservation organization, or other group for the
  purpose of the protection of natural resources or
  scenic, cultural, historic or archeological
  values, the provision of open space, and/or for
  passive recreational use and which is permanently
  restricted from development or intensive use and
  protected in perpetuity in a substantially
  undeveloped state by legally binding
  arrangements.

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CONSERVATION BASED REGULATIONS

• TRANSFER OF DEVELOPMENT RIGHTS (TDR)
• An administrative program or regulatory
  procedure by which an owner of environmentally
  sensitive land in a sending area sells the
  land's development potential to an owner of land
  located in a receiving area where higher
  density development is desirable.
• The conveyance of development rights by deed,
  easement, or other legal instrument authorized by
  local law to another parcel of land and the
  recording of that conveyance.

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CONSERVATION BASED REGULATIONS

• SCENIC CORRIDOR OVERLAY
• A Scenic Corridor Overlay District can be
  established to preserve, protect, enhance, and
  maintain the aesthetic, cultural, historical,
  scenic, architectural, and other significant
  elements of a corridor. These districts are
  intended to ensure that major access corridors
  are developed and maintained in a harmonious and
  compatible manner to encourage the improvement
  and/or protection of the visual character of this
  corridor.

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CONSERVATION BASED REGULATIONS

• IN CONCLUSION
• You are empowered by the Code of Alabama
• Different Choices/Options Available - One Size
  Does Not Fit All
• You can do it!!!

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CONSERVATION BASED REGULATIONS

• Questions Answers!!