Plan Implementation AICP Exam Review
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1 Plan Implementation AICP Exam Review GPA Fall Conference October 9, 2013 Gary A. Cornell, FAICP
2 Outline of AICP Exam Content Visioning and goal setting Quantitative and qualitative research methods Collecting, analyzing, and reporting data and information Demographics and economics Natural and built environment Land use and development regulations Application of legal principles Environmental analysis Growth management techniques Budgets and financing options GIS/ spatial analysis and Information systems Policy analysis and decision making Development plan and project review Program evaluation Communication techniques Intergovernmental relationships Stakeholder relationships Project and program management
3 Traditional Approach to Community Goals A Profitable Project Producer/Builder Consumer/ Residents Less time in the car! Clean Water, Healthy Air! No New Taxes! Other/ Special Interests Government/ Community
4 Collaboration Flexible Zoning Mixed-Use Community Focus on Activity Centers Walkable Community Producer /Builder Consumer/ Residents Other/ Special Interests Government/ Community
5 What is Visioning? APA Says Vision is the overall image in words that describes what the local government wants to be and how it wants to look at some point in the future, and that has been formulated with the involvement of citizens. From American Planning Association, Growing Smart Legislative Guide Book, Model Statutes for Planning and the Management of Change, 2002, p 7-25
6 A Vision Describes shared desires Reflects highest standards Includes multiple perspectives Emphasizes community uniqueness Depends on commitment of many to achieve Provides a springboard for action From The Civic Index, National Civic League,1999, pp
7 Visioning should reflect Clear sense of past Positive thinking Big picture Community values Points of pride Visual descriptions (layman s language) Long time frame Aspirations Based in part on The Community Visioning & Strategic Planning Handbook, NCL, 2000, pp
8 Visioning Initiates the Planning Process Visioning P l a n Comprehensive Plan = Overall Framework Inventory and Assessment of Existing Conditions Goals, Objectives, and Policies Land Use Plan Implementation Strategies Short-Term Work Program P u b l i c C o n s I s t e n c y Functional Plans Transportation Water Supply Wastewater Treatment Solid Waste Management Stormwater Management Parks And Recreation Public Safety Capital Improvements Program Financial Capacity Analysis Capital Budget Implementing Ordinances Zoning Ordinances Development Regulations Adequate Public Facilities Building Codes Fees Administration Plan Reviews Permits Building Codes I n v o l v e m e n t
9 Role of Comprehensive Plan Provides a framework for Specific plans Natural resource protection Public improvement plans Private investment decisions Manages spillover impacts Public improvements Natural resource mgmt. Property Values Provides predictability Provides a basis for coordination/ cooperation
10 Public Involvement Tools Sunshine laws and public records. Public access to Public Information, Notices, Agendas, Minutes, Opinion Surveys Citizen Advisory Committees Steering Committees Public Meetings/ Speakers Bureau Newsletters, Public TV channels, Video , websites, Face Book, blogsites - Visual Preference/ Multi-voting - 3-D Visualization
11 Implementing Your Plan Types of Implementation Strategies: Are you Rich, Strong or Beautiful? Capital Expenditures Regulation? Luck?
12 Implementing Your Plan Growth management through Expenditures Capital Improvements: Transportation Water, Sewer Public Safety, Libraries, Schools Parks, Hospitals Stormwater Management Financial Capacity
13 Capital Improvements Program Rolling 5 year list of capital improvement projects Current year moves into the annual budget and new projects are added in the out year Annual program of projects and revenues: Project list Responsible department Priority/ project ranking criteria Cost of land, engineering, construction Multi-year phasing, funds allocation Sources of capital funds
14 Implementing Your Plan Capital Finance Tools Pay as you go vs. Capital debt General Obligation Bonds Revenue Bonds Taxation Property Tax Sales Tax Tax Abatement Special Tax Districts Fees Impact Fees Tolls/ User charges Federal and State Grants Special Tax Districts and Tax Increment Finance
15 Budgets and Financing Strategies Level of service (LOS) standards. Concurrency enforces (LOS) standards Life cycle costing (capital, operating, maintenance) Planning Programming Budgeting Systems (PPBS) performance-based budgeting. Zero based budgeting (ZBB) from the ground up each year. Generally accepted accounting principles (GAAP) Cutback management (across the board or triage)
16 Comprehensive Planning Process SUSTAINABILITY MASTER PLAN Environment Economy Social Equity
17 Comprehensive Planning Process Hazard Mitigation / Climate Action Plans
18 Growth Management WHAT IS GROWTH MANAGEMENT? A system of studies, policies, programs and regulations that guide the type, intensity, location, and timing of growth consistent with a Comprehensive Plan Growth Limits or Growth Stimulus?
19 Growth Management WHAT IS THE RATIONALE FOR GROWTH MANAGEMENT? Smarter, more efficient growth Community revitalization to optimize use of existing infrastructure Can avoid major cost Growth in planned areas vs. Leapfrog
20 Growth Management WHAT IS THE RATIONALE FOR GROWTH MANAGEMENT? Allocation of scarce resources Land supply Water supply Air quality Growth areas can be sized to conform to limits of water supply or wastewater treatment Land forms to avoid (e.g. steep unstable slopes or carbonate geology sinkholes)
21 Growth Management WHAT IS THE RATIONALE FOR GROWTH MANAGEMENT? Comprehensive planning to delineate Growth Areas Economic Development Jobs/Housing Balance Proactive zoning to permit higher intensity uses in the right places and attract new jobs
22 Growth Management WHAT IS THE RATIONALE FOR GROWTH MANAGEMENT? Protection of natural resources Coast Mountains & Scenic Resources Habitat streams and rivers Natural and Wild Areas Protection of designated historic and cultural resources -National or State Historic Sites and Landmarks -Locally-designated Historic Districts
23 Growth Management WHAT IS THE RATIONALE FOR GROWTH MANAGEMENT? Hazard management Flood damage Hurricane damage and evacuation capacity Earthquake damage Fire risk reduction Erosion/ avalanche avoidance
24 Growth Management WHAT IS THE RATIONALE FOR GROWTH MANAGEMENT? Agricultural production Historic preservation Infrastructure capacity limitations Fiscal Impacts
25 Growth Management TOOLS AND TECHNIQUES Growth boundaries and urban service areas Strategic Capital Improvements Program designed to enhance Growth Area capacity
26 Growth Management Permit caps TOOLS AND TECHNIQUES Timed Growth Ordinance, Ramapo, NY
27 Growth Management TOOLS AND TECHNIQUES Impact Fees Manheim Township, Lancaster County, PA example Off-site public infrastructure improvements costsharing
28 Growth Management TOOLS AND TECHNIQUES Fair-share Housing - Mt. Laurel court case.
29 Growth Management TOOLS AND TECHNIQUES Jobs/ Housing Linkage
30 Growth Management CONCERNS ABOUT GROWTH MANAGEMENT Equity/ social justice Impact on housing prices Economic decline Legal challenges Administrative cost Regional Impacts Cumulative Impacts Cost-sharing for all development vs. charges based on only major developments
31 Zoning & Land Development Regulations The DNA of your Community
32 Origins of Zoning 19 th Century Nuisance laws First Zoning Ordinance (NYC) Standard Zoning Enabling Act Supreme Court: Euclid v. Ambler
33 Zoning & Land Development Regulations Consistency with Goals of Comprehensive Plan 1. Mix and arrangement of Land Uses 2. Density of Development 3. Redevelopment vs. New Development
34 Zoning & Land Development Regulations Consistency with Goals of Comprehensive Plan 3. Location of Development Comprehensive Plan Future Land Use Map Natural Resource Protection Coordination of Land Use and Public Facilities
35 Zoning & Land Development Regulations Consistency with Goals of Comprehensive Plan 4. Quality of New Development 5. Timing of Development 6. Fiscal Considerations for a Healthy Tax Base
36 Zoning & Land Development Regulations Legal Issues State/ Federal Constitution and Statutory Authority State Enabling Act Dillon Rule/ Home Rule Police Powers Takings Balancing Test Equal Protection Due Process Zoning Procedures Act Comprehensive Plan Consistency
37 Zoning & Land Development Regulations Environmental Issues Declining air and water quality Loss of farmland and green space Increasing risks from natural hazards Overburdened natural resources Equity- Environmental Justice Sustainability Climate Change
38 Natural Resource Protection State and Federal Regulations Clean Water Act Clean Air Act Endangered Species Act NEPA and little NEPAs RCRA Coastal Zone Management Flood Insurance (FIRM) Environmental Permits Federal Wetlands NPDES (Point/ Non-Point/TMDL) Soil Erosion and Sedimentation Controls Stream buffers
39 Environmental Impact Assessment NEPA - National Environmental Policy Act applies to federal projects Analytic process that determines the impact that a project or action will have on various environmental systems (Alternatives) May or may not require that those impacts be mitigated FONSI Finding of No Significant Impactshorter process- NEPA process satisfied CATEX Categorical Exclusion small project no impact study warranted
40 Zoning & Land Development Regulations Financial Implications Land Use Controls Affect the Cost of Development and the Value of Land 100% to the City to property developer to future consumers to Taxpayers 80% 60% 40% 20% 0% Population County Budget Increase % Change in Population in population % Change vs. county in City Budget budget
41 Zoning & Land Development Regulations Political Issues The Actors City Council Planning Commission Board of Appeals Property Owners Developers and Attorneys Neighbors and Neighborhoods
42 Zoning & Land Development Regulations Role of Planning Commission Appointed by City Council or County BOC Recommending Body Public Hearings and fact-finding Comprehensive Plan Zoning text and map amendments Conditional Use Permits
43 Zoning & Land Development Regulations Role of Board of Appeals Appointed by City Council or BOC Quasi-Judicial Body Public Hearings and fact-finding Appeals of Administrative Decisions Variances and hardships Special exceptions
44 Zoning & Land Development Regulations Zoning Basics What s in a Zoning Ordinance? 1. Zoning Map 2. Zoning Districts Uses Density/ lot area Lot dimensions Setbacks and open space Lot coverage and impervious surface Building height limits House size
45 Land Development Regulations Zoning Basics What s in a Zoning Ordinance? 3. Standards for Special Uses 4. Buffers 5. Parking 6. Sign Controls 7. Design Guidelines 8. Administrative procedures
46 Zoning & Land Development Regulations Development Process 1. Comprehensive Plan Consistency 2. Zoning Conformance or Rezoning 3. Subdivision / Plat Review 4. Recording/ Lot Sale 5. Site Engineering/ Land Development Review/ Permitting 6. Installation /Approval of Public Improvements/ Inspections 7. Building Codes/ Plan Review 8. Building Permits/ Inspection 9. Certificate of Occupancy
47 Zoning & Land Development Regulations Role of Development (Subdivision) Regulations 1. Lot Design Standards 2. Public Improvements Standards 3. Environmental Standards 4. Permits and Inspections 5. Administrative Procedures
48 Development Plan & Project Review Development processes/ Terminology Rezoning, Special Use Permits, Subdivision, Variances, Boards of Adjustment, Special Use/Special Exception, Conditional Approvals, Appeals, Design Review, Site plan review, Development Review, Historic Preservation review. Discretionary (legislative) vs. ministerial actions Site plan review process Consistency with zoning, special use/ conditions of zoning, lot size, frontage, setbacks, parking, signs Consistency with development requirements- subdivision, public facilities and dedication, drainage, tree protection, ROW, grading, engineering, architectural standards Development terms: PUDs, development agreements, subdivision plats (preliminary, final); performance bonds, maintenance bonds
49 Euclidean Zoning: Problem Statement Traditional zoning with use-separated districts: Emphasizes use separation Encourages auto-oriented development Is not pedestrian-oriented Does not allow mixed-use development Forces homogeneous development In-flexible prescriptive standards Weak tools for quality of design
50 Innovative Land Use Controls Planned Unit Development Open Space Conservation Subdivisions Smart Growth Toolkit: www:atlantaregional.com
51 Mixed-Use Development
52 What is Mixed-Use Development? Combination of Complementary uses Horizontal or Vertically Integrated Significant proportions of each use Internally-connected Externally-connected
53 Benefits of Mixed Use Development Increases convenience Provides alternatives to car trips More efficient use of land (no buffers) More efficient use of public infrastructure Reduced traffic demand Shared parking
54 Form-Based and Smart Codes The Transect
55 Transferable Development Rights Development rights are separated from one parcel & sold for use on another parcel. Landowner enters into conservation easement permanently restricting development on original parcel. Property is a Bundle of Rights that May be sold separately
56 Transferable Development Rights Development Rights Sending Area (Farmland, natural area,historic site) Receiving Area
57 Transferable Development Rights WHY USE TRANSFERABLE DEVELOPMENT RIGHTS? Protects resources such as: Agricultural land Wetlands Woodlands and greenspace Endangered species habitat Areas of historical & cultural significance Directs growth to areas where infrastructure exists Saves $$ on cost of servicing the preserved land
58 Questions? Comments?
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