Resource Guide for Creating Successful Communities

by Luther Propst, Stephen F. Harper, Michael Mantell, The Conservation Foundation

Overview

Developed to assist users of Creating Successful Communities, the Resource Guide for Creating Successful Communities includes a detailed outline of the many tax benefits of private land conservation; examples of ordinances covering all land types, articles of incorporation, bylaws, and easements; and a glossary of growth management tools.

Product Details

ISBN-13:	9781610913140
Publisher:	Island Press
Publication date:	04/24/2013
Sold by:	Barnes & Noble
Format:	eBook
Pages:	248
File size:	2 MB

About the Author

Michael A. Mantell was general counsel of World Wildlife Fund and The Conservation Foundation, where he oversaw legal and congressional affairs for the two affiliated organizations. He directed the Successful Communities Program and the Land, Heritage and Wildlife Program of the foundation in Washington, D.C., and managed its State of the Environment and National Parks Projects. A principle author of National Parks for a New Generation  and A Handbook on Historic Preservation Law, he has also been involved in foundation work on wetland and floodplain protection, industrial siting, and environmental dispute resolution. Before joining the foundation in 1979, he was with the city attorney's office in Los Angeles, where he worked on various environmental matters. Michael Mantell is a graduate of the University of California at Berkeley and Lewis and Clark College Law School, and was chairman of an American Bar Association Subcommittee on Federal Land-Use Policy.

Stephen F. Harper is a Washington-based environment policy and planning consultant and writer. He formerly directed the Nonprofit Organization Assistance Program of the California State Coastal Conservancy and served as assistant director of the American Farmland Trust. He has also served in staff capacities with the U.S. Environmental Protection Agency, the Colorado State Legislative Council, and in several state agencies in New Jersey. He authored The Nonprofit Primer,  a guidebook to management of citizen conservation organizations, published by the California State Conservancy. Stephen F. Harper has a master's degree in public affairs from Princeton University's Woodrow Wilson School of Public and International Affairs, a B.A. from University of Colorado, and has completed additional studies at the University of Pennsylvania.

Luther Propst was field director for The Conservation Foundation's Successful Communities Program in Washington, D.C., where he oversaw the delivery of technical assistance in land use matters to communities nationwide. Before joining The Conservation Foundation, he was an attorney in the Land Use Group with the Hartford, Connecticut, law firm of Robinson & Cole, where he represented governments, developers, and local environmental organizations in land use matters. Luther Propst received his law degree and master's of regional planning from the University of North Carolina at Chapel Hill. He co-authored Managing Development in Small Towns,nbsp; published in 1984 by the American Planning Association, and has taught land use law as an adjunct professor at the Western New England College School of Law.

Read an Excerpt

Resource Guide for Creating Successful Communities

The Conservation Foundation

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By Michael A. Mantell, Stephen F. Harper, Luther Propst

ISLAND PRESS

Copyright © 1990 The Conservation Foundation
All rights reserved.
ISBN: 978-1-61091-314-0

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CHAPTER 1

Agricultural Land

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THIS section includes three local agricultural protection ordinances. Black Hawk County, Iowa—in the heart of the corn belt—has implemented an ordinance containing performance standards to protect prime agricultural soils. This program bases permitted development densities upon the soil productivity of a site. Tighter land use restrictions apply to parcels with superior agricultural soils, requiring a minimum lot size of 35 acres for parcels with prime agricultural soils. This approach has effectively discouraged growth on land with the best agricultural soils.

Hardin County, Kentucky, has addressed the impact of scattered development on the county's agricultural lands by adopting an innovative Development Guidance System. This ordinance uses a point system based upon soil quality and compatibility with neighboring land uses to steer growth away from farmland and into areas where development and infrastructure already exist. Although this approach provides little guidance for the long-range development of a county, it may be an effective tool for a rural area that wants to accommodate growth, while minimizing the amount that occurs on prime farmland and reducing the incidence of premature or leap-frog development.

Finally, King County, Washington, has administered an aggressive farmland acquisition program to supplement its traditional regulatory tools. The county initiated one of the nation's premier farmland acquisition programs in 1979 with a $50 million farmland acquisition bond issue. To make these funds protect as much threatened land as possible, the county designated several eligible acquisition areas to protect viable agricultural districts and developed priority categories to channel funds into lands most threatened by development. This section includes the ordinance creating the Purchase of Development Rights Program and establishing priorities for acquisition.

Black Hawk County, Iowa Agricultural Land Preservation and Zoning Ordinance

Purpose and Objectives

This ordinance is intended and designed to meet the specific objectives of Chapter 358A.5, Code of Iowa, 1981, as amended, to preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion in the street or highway; to secure safety from fire, flood, panic, and other hazards; to protect health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote reasonable access to solar energy; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements.

Furthermore, this ordinance is also intended and designed to meet the specific purpose of Chapter 93A, Code of Iowa, 1981, as amended, to provide local citizens and local governments the means by which agricultural land may be protected from nonagricultural development pressures. This is accomplished by the creation of the Black Hawk County Comprehensive Plan, 1980, as amended, the adoption of this Agricultural Land Preservation Ordinance and the establishment of agricultural land preservation areas, as provided for in this ordinance, so that land inside these areas shall be conserved for the production of food, fiber, and livestock, thus assuring the preservation of agriculture as a major factor in the economy of this county and state. It is further the intent of this ordinance as authorized in Chapter 93A to provide for the orderly use and development of land and related natural resources in Iowa for residential, commercial, industrial, and recreational purposes, preserve private property rights, protect significant natural and historic resources and fragile ecosystems of this county including forests, wetlands, rivers, streams, lakes and their shorelines, aquifers, prairies, and recreational areas, to provide the efficient use and conservation of energy resources, and to promote the protection of soil from wind and water erosion.

Section VI

D. "E-S" ENVIRONMENTALLY SENSITIVE OVERLAY DISTRICT MAPS

1. The boundaries of the "E-S" Environmentally Sensitive Overlay District shall be the same as shown in the Official Soil Survey of Black Hawk County, published by the United States Department of Agriculture- Soil Conservation Service, December 1978, or from a soil map upon an aerial photograph compiled and attested by a Certified Soil Scientist or Soil Technician and on the flood boundary/floodway and the flood insurance rate maps prepared as a part of the Flood Insurance Study for Black Hawk County, dated November 17, 1982. These maps are hereby adopted by reference and declared to be the "E-S" Environmentally Sensitive Overlay District. The soil characteristics, notations, and explanatory materials contained with the Soil Survey and the flood profiles and all explanatory material contained with the Flood Insurance Study and the flood insurance rate maps are also declared to be a part of this ordinance. Subsequent amendments and supplements to the survey and the Flood Insurance Study shall be adopted automatically

2. The Environmentally Sensitive Overlay Districts shall include the corresponding designated areas:

a. As identified in the Soil Survey as indicated below:

1. Poor Bearing Capacity Soils. Soils rated as severe for either building site development or sanitary facilities for requested use.

2. Excessive Slopes. Soils identified as having a "D" or "F" class slope or the special symbol for bedrock escarpments, other than bedrock escarpments, short steep slopes, and gullies.

3. Aquifer Recharge Areas. Soils identified as alluvial, channeled, muck, and/or marsh, or soils identified as having bedrock less than sixty (60) inches from the surface or the special symbol for marsh or swamp, spring, wet spots, depression or sink and rock outcrop.

4. Surface Waters. Areas identified by symbols for water features including rivers and streams: perennial; double line and single line intermittent; not crossable with tillage implements, lakes, ponds and reservoirs: both perennial and intermittent, and marsh or swamps.

b. As identified in the Flood Insurance Study for Black Hawk County, Iowa, as indicated below:

1. Floodway (FW). The designated floodway on the flood boundary and floodway map.

2. Floodway Fringe (FF). The designated floodway fringe on the flood boundary and floodway map.

3. Shallow Flooding (SF). The designated "B" zone on the flood insurance rate map.

4. General Floodplain (FP). The areas shown on the flood boundary and floodway map as being within the approximately 100 year flood boundary, but for which the floodway and the floodway fringe and base flood elevation were not determined by the Flood Insurance Study.

E. INTERPRETATION OF ENVIRONMENTALLY SENSITIVE OVERLAY DISTRICT BOUNDARIES

The boundaries of the areas of the Environmentally Sensitive Overlay District shall be determined by scaling distances on the Flood Insurance Study Maps and the Soil Survey. Where interpretation is needed to determine the exact location of the boundaries of the districts as shown on the maps, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Administrative Officer shall make the necessary interpretation. Within flood prone areas, the regulatory flood elevation for the point in question, as reported in the Flood Insurance Study, shall be the governing factor in locating the district boundary on the land. Any person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board of Adjustment, as provided in Section XXVII, and to submit his own technical evidence if he/she so desires. Any person contesting the regulatory flood elevation data in the Flood Insurance Study shall submit technical evidence to the Iowa Natural Resources Council for review. The findings of the Iowa Natural Resources Council shall be the final determination as to the regulatory flood protection elevation for that location.

Section VIII. Natural Resource Protection and Preservation

A. INTENT

In accordance with the Black Hawk County Comprehensive Plan it is the intent of this section to recognize, and to preserve the natural processes of land, as land undergoes change for man's use. This ordinance identifies the functions of the land which provide important public benefits and have designed provisions to protect those functions. The public benefits arrived by the protection of natural functions of lands include:

1. Protection of public safety by reducing the risks of natural hazards, specifically flooding;

2. Protection of public resources such as water supplies and the water quality of our lakes, rivers, and aquifers;

3. Protection of public and private economic resources from expenditures and property values loss due to environmental degradation; and

4. The preservation of important productive lands and renewable resources.

For purposes of this ordinance land shall be identified by function(s) and may be further classified as either sensitive or significant. Identification and classification of lands shall be based upon the explanatory materials, notations, and maps found in (a) the official Soil Survey of Black Hawk County, Iowa, published by the United States Department of Agriculture Soil Conservation Service, December 1978, (b)The Flood Insurance Study for Black Hawk County, published by Federal Emergency Management Agency-Federal Insurance Administration, November 17, 1982, and (c) The Black Hawk County Conservation Resource Inventory, submitted to the Black Hawk County Conservation Board, March 1981. Subsequent amendments and supplements to the survey, study, and inventory shall be adopted automatically

B. SENSITIVE LANDS

Sensitive lands are those areas where substantial evidence indicates that uncontrolled or incompatible development could result in damage to the environment, to life or to property.

1. Identification: Those lands shall include those as specified in Section VI (D), Establishment of Districts and District Boundaries: "E-S" Environmentally Sensitive Overlay District Maps. They include: (a) floodplains, (b) surface waters, (c) aquifer recharge areas, (d) excessive slopes, and (e) poor bearing capacity soils.

2. Permitted and Conditional Uses: Subject to Section XVIII, General Regulations and Provisions of the "E-S" Environmentally Sensitive Overlay District and Section XIX. Use Regulation for "E-S" Environmentally Sensitive Overlay District.

3. Performance Standards: Subject to Section XVIII, General Regulations and Provisions of the "E-S" Environmentally Sensitive Overlay District and Section XIX, Use Regulation for "E-S" Environmentally Sensitive Overlay District.

C. SIGNIFICANT LANDS

Significant lands are agricultural lands of highly productive soils, renewable resource lands, which promote the long-term productivity of an area by contributing to water, soil, or vegetation cover conservation, and fragile lands.

1. Identification.

a. Agricultural Lands of Highly Productive Soils: Shall be defined as a parcel of land where more than twenty-five (25) percent of its area consists of agricultural lands of productive soils (having a corn suitability rating that has been rated at fifty (50) or above). Determination regarding corn suitability ratings and other soil characteristics shall be referenced from the official Soil Survey of Black Hawk County, Iowa, published by the United States Department of Agriculture Soil Conservation Service, December 1978.

Soil boundaries shall be determined from the soil maps found in the official Soil Survey of Black Hawk County, Iowa, or from a soil map upon an aerial photograph compiled and attested by a certified soil scientist or technician.

It shall be noted that it is the policy of Black Hawk County, Iowa, rich in fertile productive soils to maintain this nonrenewable resource for future generations to employ in the production of food and fiber; therefore, such lands shall be preserved as "A" Agricultural District, unless there are extenuating circumstances.

b. Other Significant Lands: Shall be identified by reference from the Black Hawk County Conservation Resource Inventory. These lands shall include wetlands, recreational lakes, forest covers, forest reservations, rivers and streams, river and stream banks, open and native prairies and wildlife habitats, as designated upon the established priority list approved by the County Board of Supervisors, as amended.

2. Permitted and Conditional Uses.

a. Agricultural Lands of Highly Productive Soils: Subject to Section II, Special Exemption; Section IX, Use Regulation for "A" Agricultural District; Section XVIII, General Regulations and Provisions of the "E-S" Environmentally Sensitive Overlay District; and Section XIX, Use Regulation for "E-S" Environmentally Sensitive Overlay District.

b. Other Significant Lands: Lands as designated upon the established priority list approved by the Black Hawk County Board of Supervisors, as amended, shall be preserved in their natural, undisturbed state and are not to be used for economic gain, including but not limited to using land for development, the storage of equipment, machinery or crops.

3. Performance Standards.

Shall be applicable to the appropriate section(s) of the ordinance.

4. Incentives for Preservation.

In accordance with Chapter 427.1, Code of Iowa, as amended, the Black Hawk County Board of Supervisors may grant a tax exemption to other significant lands as designated upon the established priority list, as a mandate.

Section IX. Use Regulation for "A" Agricultural District

INTENT

The "A" Agricultural District is intended and designed to serve the agricultural community and protect agricultural land from encroachment of urban land uses. Furthermore, in accordance with Chapters 358A and 93A, Code of Iowa, 1981, as amended, it is the intent to preserve the availability of agricultural land and to encourage efficient urban development patterns. This district is not intended to be used for non-farm residential subdivisions, unless in existence at the time of adoption of this ordinance.

In the "A" Agricultural District, the following provisions, regulations, and restrictions shall apply:

A. PRINCIPAL PERMITTED USES

1. Agricultural and incidental agricultural related uses.

2. Feedlots and confinement facilities for livestock.

3. Specialized animal farms including but not limited to fowl, rabbits, mink, chinchilla, and bees.

4. Specialized horticultural operations including orchards, viticulture, truck gardens, Christmas tree farms, floriculture, wholesale nurseries, raising of tree fruits, nuts and berries, sod, private or wholesale greenhouses, and vegetable raising.

5. Stables, private. Located at least fifty (50) feet from all boundary lines of the property on which located.

6. Forest, forest preserves and environmentally significant lands.

7. Hiking and horseback riding trails.

8. Public utility structures and equipment necessary for the operation thereof.

9. Transmitting stations and towers, base of which shall be at least height of tower from any lot line.

10. Parks, recreation areas, wildlife preserves, and game refuges owned by governmental agencies.

11. Structures or methods for the conservation of soil.

12. Farm dwellings.

13. Single-family dwellings provided that the owner/occupant is actively engaged in the farming operation and is a member of the farm owner's immediate family. Only one (1) lot for this purpose shall be separated from a farm and at least thirty-five (35) acres shall remain after the transfer with the farm. This provision shall be authorized only after the recommendation of the County Planning and Zoning Commission and approval of the County Board of Supervisors.

14. Single-family dwellings in existence prior to the adoption of this ordinance.

15. Single-family dwellings upon lots of record.

16. Any use erected or maintained by a public agency.

17. Mobile homes, in accordance with Section XXIV of this

18. Single-family dwellings provided that seventy-five (75) percent of the lot contains the following soil classifications and is in accordance with Section VII, paragraph B:

Map Symbol Soil

110B
Lamont Fine Sandy

Loam

284B
Flagler Sandy Loam

19. Kennels, private, located at least fifty (50) feet from all boundary lines of the property on which located.

B. ACCESSORY USES

1. Accessory buildings and uses customarily incidental to any of the above uses.

2. Living quarters for persons or migratory workers employed on the premises on a seasonal basis.

3. Roadside stands, offering for sale any agricultural products or other products produced on the premises.

4. Bulletin boards and signs pertaining to the lease, hire or sale of a building or premises, or signs pertaining to any material that is grown or treated within the district; provided, however, that such signs shall be located upon or immediately adjacent to the building or in the area in which such materials are treated, processed, or stored.

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Excerpted from Resource Guide for Creating Successful Communities by Michael A. Mantell, Stephen F. Harper, Luther Propst. Copyright © 1990 The Conservation Foundation. Excerpted by permission of ISLAND PRESS.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.

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Table of Contents

About the Conservation Foundation

Preface

 

Chapter 1. Agricultural Land

Chapter 2. Rivers and Wetlands

Chapter 3. Historic and Cultural Resources

Chapter 4. Aesthetic Resources

Chapter 5. Open Space and Land Use Planning

Chapter 6. Articles of Incorporation

Chapter 7. Easements and Conservation Restrictions

 

Appendix A: A Primer on Growth Management Tools and Techniques

Appendix B: Open Space Protection: An Overview of Strategies