All Available Resources
Village of Irvington, Accessory Apartment Regulation
Date Added: Wednesday, August 16, 2023Accessory Uses
New York
Municipal
The Village of Irvington is part of the Plus One ADU Program. Currently Irvington allows up to one accessory dwelling unit (ADU) per home in all single-family residential zones, upon approval of application by the Planning Board. No more than 50 accessory apartment special permits can be in existence at one time, and this number may not be varied by the Zoning Board of Appeals. No permit shall be granted until the structure in its present size has been in existence for 5 years. The permit is valid for 3 years. The accessory apartment must be lo..
Read More
Town of Bedford, Accessory Apartment Regulation
Date Added: Wednesday, August 16, 2023Accessory Uses
New York
Municipal
The Town of Bedford is part of the Plus One ADU Program. Currently, Bedford allows up to one accessory dwelling unit (ADU) per home in all single-family residential zones, upon approval of application by the Planning Board. Accessory cottages are not permitted; ADUs must be attached to the main dwelling unless in districts R-2A or R-4A. No permit shall be granted until 5 years after the construction of the entire structure including accessory structures. Permits are valid for 5 years. The accessory apartment cannot be more than 25% of the floo..
Read More
Rye Brook, NY Affordable Housing Floating Zone
Date Added: Thursday, August 3, 2023Overlay District, Zoning
New York
Municipal
In order to qualify for the floating zone, developments of 2 units or more must be 50% affordable units. For rental units, households must make under 60% of AMI. For-purchase units, households must make under 80% of Westchester County AMI. The units must remain affordable for 50 years. The Board of Trustees can permit modification or waiver of the applicable dimensional and bulk requirements. To the extent practicable, the Board of Trustees and Planning Board shall prioritize affordable housing floating zone applications.
..
Read More
Ellenville, NY Cluster Development Affordable Housing
Date Added: Thursday, August 3, 2023Clustering & Cluster Development, Zoning
New York
Municipal
Cluster developments with 10 or more housing units must designate at least 10% of units to be affordable. To be eligible to rent or purchase the household’s annual income must be between 80% and 120% of Ulster County AMI. Compliance with this requirement can only be met through construction of the affordable units on-site. Upon approval of the Village Board, all, or a portion of the fees for planning, zoning, and building related to the affordable units may be waived. ..
Read More
Cambridge, MA Affordable Housing Overlay District
Date Added: Thursday, August 3, 2023Overlay District, Zoning
Massachusetts
Municipal
To qualify for the Affordable Housing Overlay zone, there must be 100% affordable units on site. For rental units, at least 80% of the units shall be initially occupied by households with gross annual income under 80% of AMI. Remainder of units shall be initially occupied by households under 100% of AMI. Rent, utilities, and fees should not exceed 30% of gross household income. For-purchase units, at least 50% of units should be sold to households with gross income under 80% of AMI. Remainder of units should be sold to households with income un..
Read More
White Plains, NY Inclusionary Zoning
Date Added: Thursday, August 3, 2023Incentive Zoning, Zoning
New York
Municipal
There is a mandatory set-aside requirement for affordable units for any multi-family rental or mixed-use development that includes 10 or more residential rental units. If there are 10-14 units, there needs to be at least 1 affordable unit at 60% AMI. If there are 15+ units, the developer can choose to have 12% affordable units at 80% AMI or 8% of affordable units, 80% at 60% AMI, and 20% at 50% AMI. Compliance can be met by the inclusion of affordable units within an ARHP development or payment of a fee-in-lieu of providing affordable units wit..
Read More
Village of Tarrytown, Accessory Dwelling Unit (ADU) Regulation
Date Added: Friday, June 23, 2023Accessory Uses
New York
Municipal
The Village of Tarrytown accessory dwelling unit (ADU) regulation allows for one ADU per single-family lot (upon approval). The Building Department decides if an ADU is approved and only when there is a need for construction is site plan approval by the Planning Board or Architectural Review Board needed. There is a six-month minimum lease requirement for renting out an ADU. The ADU must be a minimum of 300 square feet and a maximum of 1,000 square feet or 50% of the total floor plan of the primary residence. Additionally, the regulation includ..
Read More
Town of Somers, Special Exception Uses in Residence Districts: Accessory Apartments
Date Added: Friday, June 23, 2023Accessory Uses
New York
Municipal
The Town of Somers accessory dwelling unit (ADU) regulation has a 40,000-square-foot lot minimum. The Zoning Board of Appeals (ZBA) decides if an ADU is approved. If the site requires a significant amount of work to accommodate an ADU, the Planning Board must approve a site plan. The ADU is subject to physical inspection by the building inspector at any time. The permit lasts for seven years. The ADU must be a minimum of 300 square feet and a maximum of 800 square feet. Additionally, the regulation includes specifications on the application pro..
Read More
Village of Hastings-on-Hudson, Permitted Accessory Uses Regulation: ADUs
Date Added: Friday, June 23, 2023Accessory Uses
New York
Municipal
The Village of Hastings-on-Hudson is part of the Plus One ADU Program. Hasting's accessory dwelling unit (ADU) regulations have different requirements depending on the type of zoning district. Specifically, required lot size and maximum percentages of lot coverage varies by zoning district. One ADU is permitted per single-family residence upon approval. There is not a set number of permits, but the Planning Board is entitled to reject permits if they find there are such a number of ADUs as to adversely affect the character of the neighborhood. ..
Read More
Village of Dobbs Ferry, Accessory Dwelling Unit (ADU) Regulation
Date Added: Tuesday, June 20, 2023Accessory Uses
New York
Municipal
The Village of Dobbs Ferry is part of the Plus One ADU Program. Dobbs Ferry regulation allows 50 total special permits for accessory dwelling units (ADUs) Village-wide. Before a building permit is granted, the applicant must get approval from the Westchester County Department of Health on proposed water supply and sewage disposal methods. No exterior changes should be made to the building (unless needed to meet NYS Uniform Code) that alters the appearance and character of the single-family neighborhood. The ADU has a 300-square-foot minimum and..
Read More
County of Ulster, Model Ordinance: Accessory Dwelling Unit (ADU)
Date Added: Thursday, June 15, 2023Accessory Uses
New York
Municipal
The County of Ulster Model Ordinance for Accessory Dwelling Units (ADUs) is a guide for other municipalities in the county to adopt (in part or in whole) to promote and regulate ADUs. The goal of ADUs in the area is to increase the housing stock efficiently, increase affordability, provide smaller and more accessible housing options, and protect stability and property values. The model includes ADU requirements such as eligibility, number of ADUs permitted, occupancy and use, creation, density, approval, application fees/information, design, an..
Read More
County of Westchester, Model Ordinance: Accessory Dwelling Unit (ADU)
Date Added: Thursday, June 15, 2023Accessory Uses
New York
Municipal
The County of Westchester Model Ordinance for Accessory Dwelling Units (ADUs) is a guide for other municipalities in the county to adopt (in part or in whole) to promote and regulate ADUs. The goal of ADUs in the area is to increase the housing stock efficiently, increase affordability, and provide smaller and more accessible housing options. The model includes ADU requirements such as eligibility, number of ADUs permitted, occupancy and use, creation, density, approval, application feeds and information, and design. Design requirements vary ba..
Read More
Providence's Anti-Displacement and Comprehensive Housing Strategy
Date Added: Tuesday, June 7, 2022Affordable Housing , Land Use Planning, Equity, Displacement
Rhode Island
Municipal
Providence, Rhode Island’s Anti-Displacement and Comprehensive Housing Strategy creates a plan to increase the amount of affordable housing in the city and reduce the risk of displacement. This strategy also connected housing insecurity and displacement with COVID-19 and racial inequality. This strategy also includes land use strategies that can be used to create more affordable housing, preserve the current affordable housing stock, and keep people in their communities...
Read More
Seattle 2035: Growth and Equity Analysis
Date Added: Tuesday, June 7, 2022Equity, Displacement
Washington
Municipal
Seattle’s Growth and Equity Analysis, is a companion document to Seattle’s Environmental Impact Statement that evaluates four alternative ways for distributing growth throughout the city. The Growth and Equity Analysis created two data indexes – the Displacement Risk Index and the Access to Opportunity Index. Each index is made up of a list of indicators. The document maps Seattle based on these indexes and data, evaluating the four growth alternatives with a social justice and equity lens. Maps of each indicator are included...
Read More
Affordable Housing Impact Statement Ordinance
Date Added: Tuesday, June 7, 2022Affordable Housing , Displacement
Georgia
Municipal
Atlanta, Georgia’s Affordable Housing Impact Statement Ordinance requires that Community Development/Human Resources Committee (“Committee”) of the City Council regularly hears legislation that, impacts the overall housing stock of the city. The committee can then incentivize to alter their plans to include more affordable housing...
Read More
S.M.A.R.T Housing™ Ordinance
Date Added: Tuesday, June 7, 2022Affordable Housing , Impact Fees, Displacement
Texas
Municipal
Austin, Texas’s S.M.A.R.T Housing™ is housing that is safe, mixed-income, accessible, reasonably priced, transit oriented, and compliant with the city’s building code. The City’s S.M.A.R.T Housing™ program encourages the development of S.M.A.R.T housing™ by waving certain development fees and exempting the development fees from impact fees. In the City, a department cannot change an ordinance, rule, or process that impacts affordability of housing unless the City’s Neighborhood Housing and Community Development Department prepares an affordabil..
Read More
Affordable Housing Preference Program
Date Added: Tuesday, June 7, 2022Affordable Housing , Displacement
California
Municipal
San Francisco, California’s Affordable Housing Preference Program establishes a preference for occupying units or receiving assistance from the city’s affordable housing programs. The program notes that a preference in qualifying for affordable housing for residents who have been, or are about to be, displaced is necessary. The city also assists in preserving access to schools, after school programs, stores, community centers, places of worship, and health care providers...
Read More
Preservation of Affordable Housing Ordinance
Date Added: Tuesday, June 7, 2022Affordable Housing , Displacement
Colorado
Municipal
Denver, Colorado’s Preservation of Affordable Housing Ordinance provides notice to the city and tenants when transitions from current assistance programs and/or affordable housing uses are planned. As well as provides purchase opportunities for the city to attempt to preserve the affordable housing. This ordinance also provides public financing assistance from the city to ensure the long-term affordability of affordable housing. ..
Read More
Community Opportunity to Purchase Act
Date Added: Tuesday, June 7, 2022Affordable Housing , Displacement
California
Municipal
San Francisco, California’s Community Opportunity to Purchase Act (COPA) requires sellers of buildings with three or more residential units, or vacant land that could be developed into three or more residential units, to give qualified non-profit organizations priority to purchase. COPA was created to prevent displacement and encourage the creation and preservation of affordable housing. ..
Read More
District Opportunity to Purchase Act
Date Added: Tuesday, June 7, 2022Affordable Housing , Displacement
State: Not Applicable
U.S. Federal
Washington D.C District Opportunity to Purchase Act (DOPA) maintains the affordable status of existing housing and increases the number of affordable housing in the District. DOPA requires rental property owners to provide the District of Columbia with the opportunity to purchase housing accommodations consisting of five or more rental units if 25 percent or more of those rental units are “affordable”. The District’s right to purchase is subordinate to a tenant’s right to purchase under the Tenant Opportunity to Purchase Act (TOPA)...
Read More
Code Compliance Relocation Ordinance
Date Added: Thursday, June 2, 2022Displacement
California
Municipal
Oakland, CA Code Compliance Relocation Ordinance provides for owner paid relocation payments and assistance to tenants who are displaced due to compliance with building, housing, and, fire codes. Relocation benefits and assistance are necessary to ensure that displaced tenants secure safe, sanitary and decent replacement housing. If the owner refuses to make the payment, Oakland can choose to pay the displaced tenant and then place a lien on the property to recover the costs. ..
Read More
Vacant Building Maintenance Licensing Program
Date Added: Thursday, June 2, 2022Vacant & Distressed Properties, Displacement
Ohio
Municipal
Cincinnati, Ohio enacted the Vacant Building Maintenance Licensing Program that utilizes code enforcement and registration strategies. Cincinnati’s program requires vacant-building owners who do not have a satisfactory development plan and proof of financing to apply for a vacant building license ..
Read More
Repairing Buildings for Human Habitation Ordinance
Date Added: Thursday, June 2, 2022Quality of Life, Displacement
North Carolina
Municipal
Greensboro, NC repairing Buildings for Human Habitation Ordinance combines a repair or
destroy strategy with a code enforcement strategy. The city inspector can serve complaints
on homeowners who violate minimum standards in Greensboro’s housing code. If the
inspector finds conditions rendering a building unfit for human habitation, such as a lack of
ventilation or unsanitary conditions, the inspector issues a complaint to the property
owner. After a public meeting, the inspector determines whether the dwelling is unfit for
human habitati..
Read More
Neighborhood Jobs Trust
Date Added: Thursday, June 2, 2022Impact Fees, Displacement
Massachusetts
Municipal
Boston, MA requires that commercial developers for projects greater than 100,000 square
feet receive a zoning variance, on the condition that the developer of the building pay a
linkage fee, based on square footage, to the Neighborhood Jobs Trust. The Trust provides
continued and future employment opportunities for Boston’s low or moderate income residents.
The Trust supports such services as job training and retraining, employment counseling and job
placement services, adult literacy and alternative education programs, and related support..
Read More
West Hartford, CT Removes ADU Barriers
Date Added: Tuesday, August 31, 2021Accessory Uses
Connecticut
Municipal
West Hartford previously permitted ADUs, but the lot must have been double the size of what was required for a particular zone. Additionally, only domestic employees or guests of the primary residence owner were permitted to reside in the ADU. A new ADU ordinance was passed, setting size, material, and parking requirements. The restrictive occupancy requirements were removed...
Read More
Seattle, WA Removes Barriers to ADU Development
Date Added: Tuesday, August 31, 2021Accessory Uses
Washington
Municipal
Recently enacted zoning legislation that removes significant barriers to ADU development in order to address the city’s housing crisis. The new code removes off-street parking and owner occupancy requirements while also streamlining the approval process for ADU development. Seattle also created a user-friendly website to simplify the process for its residents, connecting homeowners considering ADUs to members of the design and construction community, even addressing the high cost of ADU development through access to low-interest financing..
Read More
SeaTac, WA ADU
Date Added: Tuesday, August 31, 2021Accessory Uses , Affordable Housing
Washington
Municipal
Requires the primary residence or ADU to be occupied by the owner in order to build and rent out
an ADU. The city allows for ADUs in order to maximize the use of existing housing stock, improve
cost efficiency of existing infrastructure, increase opportunities for homeowners, and provide
housing options for a wide range of income and status. Most ADUs are required to meet a maximum
of 800 square feet while preexisting ADUs may have up to 45% of the square footage of the primary
residence. The code also sets maximum occupancy, height, desig..
Read More
As-of-right ADU in Raleigh, NC
Date Added: Tuesday, August 31, 2021Accessory Uses , Affordable Housing
North Carolina
Municipal
Previously restricted ADU construction to a specific overlay zone, did not allow ADUs as of right in any residential zone, and required residents to petition their neighbors when seeking to develop ADUs on their property. Now, Raleigh allows ADUs as of right in all residential zones without any significant restriction on their construction or subsequent use. This promotes affordable housing and encourages diversity in both housing stock and occupancy...
Read More
Portland, OR Green Roofs
Date Added: Tuesday, August 31, 2021Green Buildings & Energy Efficiency, Climate Change Planning
Oregon
Municipal
Portland requires all new buildings with a net building area of 20,000 square feet or more in the Central City Plan District zoned CX, EX, RX, and IG1 to have green roofs (33.510.243 Ecoroofs). Up to 40% of the roof can alternatively house mechanical equipment, skylights, solar panels, wind turbines, rain capture equipment, or common areas. Green roofs are cooler than conventional roofs, help with air pollution, and keep buildings cooler...
Read More
Pinellas County, FL Incentivizes Affordable Housing
Date Added: Tuesday, August 31, 2021Affordable Housing , Incentive Zoning
Florida
Regional - Multiple Municipalities
Pinellas County provides numerous incentives for affordable housing development: expedited permit processing, review fee relief, reduced parking requirements, housing in commercial zones, donation of publicly owned land, identifying qualified renters or buyers, density bonuses, accessory structures, reduced setback requirements, street design modifications, and zero lot lines. Where 20% of the units are affordable to households at 60% AMI or below, these incentives may apply...
Read More
Philadelphia, PA Voluntary Affordable Housing
Date Added: Tuesday, August 31, 2021Affordable Housing , Incentive Zoning
Pennsylvania
Municipal
Philadelphia includes in its housing code a provision for voluntary affordable housing. Moderate income units will be priced at levels affordable for 60% AMI, while low income units will be priced for 50% AMI. Where at least 50% of gross floor area will be designated for residential development, floor area, height, or dwelling density bonuses may apply. The bonuses are calculated depending on the zone and income designation. These affordable units must constitute at least 10% of all units, be affordable for 50 years, and be of comparable qualit..
Read More
Norwalk, CT ADU Requirement
Date Added: Tuesday, August 31, 2021Accessory Uses
Connecticut
Municipal
Norwalk sets multiple requirements for ADUs. The primary residence must have been in existence for at least three years and must meet minimum lot area requirements. Additionally, the owner of the property must reside on the premises. The ADU must only have one bedroom, which may be occupied by up to two adults and one child...
Read More
Miami, FL Mandatory Inclusionary Zoning
Date Added: Tuesday, August 31, 2021Affordable Housing , Incentive Zoning
Florida
Municipal
Passed a mandatory inclusionary zoning ordinance in 2018 that requires affordable units in a certain 30-block district. Because the city ranked lowest in the country for affordable rental units and climate change is forcing residents inland, Miami chose to pass this ordinance. Now, rental developments within the zone must have a minimum 7% affordable or 14% workforce housing. Both of these are designated for households earning 80% less AMI. Developers will be permitted to increase project square footage if they fulfill this requirement. In Miam..
Read More
Miami, FL Tree Requirements
Date Added: Tuesday, August 31, 2021Climate Change Planning
Florida
Municipal
The City of Miami requires a tree permit “prior to the removal, relocation, root pruning or trimming more than 25% of any tree” and “prior to the removal, relocation, root pruning or trimming of any tree, plant or shrub located in any portion of the City of Miami’s right-of- way.” Chapter 17 of the city’s code was enacted to protect, preserve and restore the tree canopy. It is notable in that this applies to private property owners too...
Read More
Garden City Village, NY Affordable Housing
Date Added: Tuesday, August 31, 2021Affordable Housing , Density
New York
Municipal
Garden City Village enacted an Affordable Housing Density Bonus to promote affordable units within the village. Affordable housing is affordable for those whose income is 80% or less AMI. The density bonus includes a density increase by at least 10% or an increase in floor area ratio, and the additional units created must be dedicated affordable. These bonuses are permitted in any residential or mixed use zones in which five or more residential units are being developed. The ordinance also sets guidelines for permitting, deed, ownership, and co..
Read More
Fairfax County, VA ADU
Date Added: Tuesday, August 31, 2021Accessory Uses
Virginia
Regional - Multiple Municipalities
ADUs in Fairfax County previously were only permitted in single family detached homes where approved by the Board of Zoning Appeals. The occupant of the main house or ADU was required to be at least 55 years old or have a disability. Only single-family residences are permitted to have an ADU and only interior ADUs are permitted as-of-right. The homeowner must live in one of the units and there must be at least one parking space for the ADU. The ADU can have a maximum of two bedrooms...
Read More
Connecticut ADU Bill
Date Added: Tuesday, August 31, 2021Accessory Uses
Connecticut
State
Recently passed a bill that promotes development of ADUs. HB 6107 legalizes all ADUs in the state and removes off-street parking requirements. This bill allows ADUs as of right on all properties that contain at least one single-family home. It also lists several restrictions which municipalities are now prohibited from placing on ADU development, including minimum age and occupant relationship requirements...
Read More
Chicago, IL Density Bonuses for Green Roofs
Date Added: Tuesday, August 31, 2021Energy Efficiency & Conservation, Density
Illinois
Municipal
Green roofs are periodically inspected by the Department of Zoning. The floor area bonus for qualifying green roofs is calculated as follows: Bonus FAR = (area of roof landscaping in excess of 50% of net roof area ÷ lot area) × 0.30 × Base FAR...
Read More
Carrboro, North Carolina Tree Requirements
Date Added: Tuesday, August 31, 2021Energy Efficiency & Conservation, Climate Change Planning
North Carolina
Municipal
Town of Carrboro, North Carolina sets requirements for tree retention and protection in parking lots, new developments, and more. There is a tree canopy coverage minimum for every lot or tract for which a zoning, special use, or conditional use permit is issued. Residential developments must meet a minimum of 40% lot coverage. If existing canopy is less than this, additional trees should be planted. Increasing trees acts as “air conditioning for cities” and can help mitigate Urban Heat Island. No pavement can be closer than 15 feet to the trunk..
Read More
Prairie Queen Development
Date Added: Tuesday, August 24, 2021Affordable Housing , Mixed/Multiple Use, Density
Nebraska
Municipal
The Prairie Queen development in Papillion, Nebraska has no single-family housing and instead has apartments, fourplexes, townhouses, carriage houses, and retail and commercial space. The neighborhood is walkable and provides opportunities for a variety of income levels. Developments within the neighborhood must have at least two uses...
Read More
Chapter 9: Affordable Housing, Article II: Accessory Apartments and Apartment Units
Date Added: Tuesday, August 24, 2021Accessory Uses , Affordable Housing , Zoning
Massachusetts
Municipal
Seeks to create additional affordable housing through permitting unpermitted existing accessory dwelling units (ADUs) and encourage the creation of new ADUs. The ordinance also creates a local chapter of the states 40B, “Comprehensive Permit” program which “encourages the development of low- and moderate-income rental and owner-occupied housing and provides a means for the Board of Appeals to remove local barriers to the creation of affordable housing units.” Additionally, the ordinance commits certain resources in accordance with the towns Com..
Read More
Article XVI.II. ADAPTIVE REUSE
Date Added: Tuesday, August 24, 2021Affordable Housing , Zoning
California
Municipal
Santa Ana Municipal Code §41-1650 through 1657 allows for the adaptive
reuse of nonresidential buildings into dwelling units, guest rooms or joint
living and work quarters within 4 designated “project incentive zones” if the
building either “was constructed in accordance with building and zoning
codes in effect prior to July 1, 1974” or “has been determined to be a
historically significant building.” The code also establishes development
standards; allows for residential use in the project incentive zones regardless
of underlying zoning;..
Read More
Adaptive Reuse: Governor Cuomo’s New Plan to Re-Purpose Buildings
Date Added: Tuesday, August 24, 2021Affordable Housing
New York
Municipal
In New York City, office, commercial, and hotel spaces have been unused due to the pandemic, leaving many spaces vacant. Because NYC has experienced a shortage of affordable housing for years, Governor Cuomo proposed a plan to repurpose vacant commercial properties into affordable housing units. This
can help pandemic recovery proceed. Gov. Cuomo proposed a five-year period
where these spaces will be converted...
Read More
Redbrook
Date Added: Tuesday, August 24, 2021Affordable Housing , Affordable Housing , Mixed/Multiple Use, Mixed/Multiple Use
Massachusetts
Municipal
Redbrook in Plymouth, Massachusetts has a variety of housing types in a
1,000+ unit development project with 10% designated affordable. There is
single family, condominium, townhome, twin home, cottage, and apartment
housing. Redbrook is zoned for mixed use to provide residents with a
walkable space in which they may live, work, and recreate. There is an over
400-acre conservation area in Redbrook...
Read More
Redbrook
Date Added: Tuesday, August 24, 2021Affordable Housing , Affordable Housing , Mixed/Multiple Use, Mixed/Multiple Use
Massachusetts
Municipal
Redbrook in Plymouth, Massachusetts has a variety of housing types in a
1,000+ unit development project with 10% designated affordable. There is
single family, condominium, townhome, twin home, cottage, and apartment
housing. Redbrook is zoned for mixed use to provide residents with a
walkable space in which they may live, work, and recreate. There is an over
400-acre conservation area in Redbrook...
Read More
Skagway Comprehensive Plan 2030
Date Added: Tuesday, August 24, 2021Affordable Housing , Zoning, Density
Alaska
Municipal
Skagway, Alaska has included multiple affordable housing goals in its 2030
Comprehensive Plan. A town of just over 1,000, Skagway is encouraging
residential development to accommodate anticipated population growth. The
town owns 8,850 acres of land in its borders and has created a residential land
disposal program to sell publicly owned land for residential development.
Target residential development categories include senior housing, affordable
housing, housing for full time workers and residents, and housing for those
earning 120% AMI ..
Read More
Housing Options Ordinance
Date Added: Tuesday, August 24, 2021Accessory Uses , Affordable Housing , Density
Washington
Municipal
Accessory Dwelling Units (ADUs) and duplexes are permitted as-of-right in all
residential zones in Olympia while cottage houses, triplexes, fourplexes, and
townhouses are permitted as-of-right in most residential zones. The city
amended its zoning code to encourage infill development in three urban
residential areas to prevent urban sprawl...
Read More
Planned Unit Developments
Date Added: Tuesday, August 24, 2021Affordable Housing , Mixed/Multiple Use
New Jersey
Municipal
North Brunswick, New Jersey has a chapter in its zoning code dedicated to
Planned Unit Developments (PUD). The code sets a 50-acre minimum size to
establish a PUD, and this may be met through one parcel or multiple together.
It also requires at least one road connecting to the PUD. In North Brunswick,
PUD may be used for single- and multi-family housing, retail totaling no more
than 50% of the PUD, office space, educational and recreational facilities,
public utilities, and conditional use of religious space. Fifty-three dwelling
units a..
Read More
Planned Unit Developments
Date Added: Tuesday, August 24, 2021Affordable Housing
Maine
Municipal
Auburn, Maine has recently implemented a zoning code change that allows
Planned Unit Development (PUD). The PUD can be located in residential,
recreation/residential, commercial, and industrial zones provided that public
sewer is available. The code outlines the permitted uses of each PUD zone and
discusses dwelling units, off-street parking, design, density, and more. To
make it easier to establish a PUD, the district allows changes in the
dimensional requirements typically established for each zone. Additionally,
the planning board can..
Read More
Phoenix's Transit Oriented Development Strategic Policy Framework
Date Added: Thursday, August 12, 2021Transportation & Land Use Planning, Complete Streets, Equity
Arizona
Municipal
This document describes the opportunity for transit-oriented development (TOD) for Phoenix. Specifically, it calls for a by-right zoning codes to create shorter and more predictable construction timelines. Form-based standards are promoted. Specifically, the document suggests increasing the permitted height of buildings within a quarter-mile radius of light rail stations and creating a minimum of 30 percent of housing units dedicated to long-term affordability in TOD zones. The update to this document also
includes a portion on equity...
Read More
New York City's Racial Equity Reports Int. No. 1572-B
Date Added: Thursday, August 12, 2021Equity
New York
Municipal
This legislation calls for the development of an equitable development data tool that will contain citywide, boroughwide, community district, and neighborhood-level data in New York City. The tool will be available online for public use and will contain data on demographic conditions, economic security, neighborhood quality of life and access to opportunity, housing security/affordability/quality and housing production. The data tool will also include a Displacement Risk Index. Data is disaggregated by race and ethnicity. The tool must be avail..
Read More
Montgomery County, Maryland Racial Equity and Social Justice Impact Statements
Date Added: Thursday, August 12, 2021Equity
Maryland
Regional - Multiple Municipalities
Bill 44-20 requires the Office of Legislative Oversight to submit a racial equity and social justice impact statement for each zoning text amendment. The bill encourages the Office of Legislative Oversight to work with the planning department to develop the impact statement. Montgomery County already had this requirement in place for bills and this new bill is an extension of that.
The county’s Racial Equity and Social Justice (RESJ) statements can be found here. One is also included here. After RESJ statements are completed, the bill is sen..
Read More
King County Ordinance 16948 and the Determinants of Equity
Date Added: Thursday, August 12, 2021Equity
Washington
Regional - Multiple Municipalities
Ordinance 16948 is King County’s Equity and Social Justice ordinance. It supplies definitions related to equity and equitable development. It calls for the development of analytical tools to identify equitable policies. Overall, the ordinance tries to integrate equity principles in all systems of its governance. This ordinance also identifies 14 “determinants of equity.” These determinants were the basis of a separate report called “The Determinants of Equity Report.”
This report is part of an initial effort at determining if the county is a..
Read More
The City of Chicago Equitable Transit-Oriented Development Policy Plan
Date Added: Thursday, August 12, 2021Transit Oriented Development (TOD), Transportation & Land Use Planning, Equity
Illinois
Municipal
This document begins by stating how Transit-Oriented Development (TOD) has unfolded in Chicago in inequitable ways, often indicating displacement patterns. In response, this document provides three Equitable Transit-Oriented Development (eTOD) policy recommendations. First, Chicago needs to build the city’s capacity to support eTOD. This includes formalizing cross-agency coordination, creating formal accountability, developing a comprehensive eTOD calculator mapping tool, and engaging communities. Second, this document suggests making eTOD requ..
Read More
Accessory Dwelling Unit Handbook
Date Added: Thursday, August 12, 2021Accessory Uses , Affordable Housing
California
State
California’s new legislature reduces impediments on ADUs. Local legislatures may no longer use minimum lot sizes to limit ADU development, eliminates all owner occupancy requirements, prohibits local governments from setting maximum sizes under 850 square feet, renders CC&Rs void where unduly restrictive on ADU development, and requires local governments to create affordable units for various income levels. ..
Read More
Evaluation of the City of Burlington's Inclusive Zoning Ordinance
Date Added: Thursday, August 12, 2021Affordable Housing
Vermont
Municipal
Passed ordinance that applies to any development of 5 or more dwelling units. The ordinance targets 65% AMI for rentals and 75% AMI for sales. Compliance with the ordinance provides developers with density and lot coverage bonus between 15% and 25% in addition to up to 50% parking waiver. Where the average price of units is 0-139% AMU, 15% of units must be affordable. Where the average price is 140-179% AMI, 20% of units must be affordable. Finally, where the average price of units is 180% or more AMI, or is located in the waterfront district, ..
Read More
Accessory Dwelling Units
Date Added: Thursday, August 12, 2021Accessory Uses
Maine
Municipal
Allows ADUs to provide additional housing choice for its residents. This code focuses on moderate income housing and requires the owner of the primary dwelling and ADU reside in one of the units, but does not specify the requisite time period. The ADU may not exceed 900 square feet or 35% of the primary dwelling unit size. Biddeford sets moderately strict requirements for stairways, balconies, parking, entrances, exterior materials, lot orientation, and number of occupants...
Read More
Adaptive Reuse: Governor Cuomo’s New Plan to Re-Purpose Buildings
Date Added: Thursday, August 12, 2021Affordable Housing , Vacant & Distressed Properties
New York
Municipal
In New York City, office, commercial, and hotel spaces have been unused due to the pandemic, leaving many spaces vacant. Because NYC has experienced a shortage of affordable housing for years, Governor Cuomo proposed a plan to repurpose vacant commercial properties into affordable housing units. This can help pandemic recovery proceed. Gov. Cuomo proposed a five-year period where these spaces will be converted. ..
Read More
Affordable Housing
Date Added: Thursday, August 12, 2021Accessory Uses , Affordable Housing , Comprehensive Planning
Massachusetts
Municipal
Town of Barnstable, Massachusetts Chapter 9, Article II, Accessory Apartments and Apartment Units seeks to create additional affordable housing through permitting unpermitted existing accessory dwelling units (ADUs) and encourage the creation of new ADUs. The ordinance also creates a local chapter of the states 40B, “Comprehensive Permit” program which “encourages the development of low- and moderate-income rental and owner-occupied housing and provides a means for the Board of Appeals to remove local barriers to the creation of affordable hous..
Read More
Housing Choices (House Bill 2001)
Date Added: Thursday, August 12, 2021Affordable Housing , Zoning, Density
Oregon
State
This Bill was enacted in 2019 to create more affordable and diverse housing. In Oregon, more than 25% of households are single person, and housing options must grow to reflect that. HB 2001 requires all residential districts in medium-sized cities to allow for duplex housing and requires all large cities to allow for duplexes, triplexes, quadplexes, cottage clusters, and townhouses to meet the housing needs of Oregon’s diverse population. Oregon sets minimum standards for each housing type in order to ensure that these needs are being met. The ..
Read More
Affordability Unlocked Development Bonus Program Applicant Guide
Date Added: Thursday, August 12, 2021Affordable Housing , Incentive Zoning
Texas
Municipal
Austin’s “Affordability Unlocked” program provides waivers and bonuses in exchange for setting aside at least 50% of a new development’s units for a minimum of 40 years for rental and 99 years for ownership units. In rental units, 20% of all units must meet 50% AMI and affordable units must be affordable to households at 60% AMI or below to qualify. 25% of affordable units must either (a) have two or more bedrooms, (b) serve as supportive housing, or (c) serve as elderly housing. For sale units, affordable unit prices must be affordable to hous..
Read More
Vermont Housing & Conservation Board Coronavirus Relief Fund: Vermont’s Statewide Initiative
Date Added: Thursday, August 12, 2021Affordable Housing
Vermont
State
Partnering with non-profit housing developers and service providers, the Vermont Housing and Conservation Board (VHCB) developed a proposal to help shelter and create permeant housing for the homeless in response to Covid-19. Legislation in support of the proposal passed in June 2020, and $33 million of federal CARES Act Coronavirus RELIEF FUNDS (CRF) was allocated to VHCB to manage. As a result, 247 units destined to become permanent affordable housing were acquired and/or rehabilitated...
Read More
Project Turnkey
Date Added: Thursday, August 12, 2021Affordable Housing
Oregon
State
An Oregon state-level program to acquire hotels and motels for conversion to non-congregate shelter during Covid-19 and eventually become permanent affordable housing. Oregon’s Legislature allocated $65 million¬–including CARES Act Coronavirus Relief Funds, FEMA, Emergency Solutions Grants–$30 million for eight counties and tribal communities impacted by wildfires, and $35 to the other 28 counties of Oregon. Additionally, $9.7 million was allotted for additional projects. Through a competitive grant process, $71.7 million has been approved for ..
Read More
Better Housing By Design
Date Added: Thursday, August 12, 2021Affordable Housing , Transfer of Development Rights (TDR), Zoning, Density
Oregon
Municipal
Portland, Oregon created a report titled “Better Housing By Design” to create plans to promote affordable and diverse housing. The report is a compilation of Portland’s recent zoning code amendments. Portland implemented code changes to address housing affordability and diversity, expand outdoor spaces and green design, building design and scale requirements, and more. Housing affordability and density changes were implemented in multi-family residential zones outside of the city core in order to expand options, diversity, and walkability. The ..
Read More
Berkeley votes for historic housing change: an end to single-family zoning
Date Added: Thursday, August 12, 2021Affordable Housing , Zoning, Density
California
Municipal
Berkeley’s zoning code was amended to eliminate all single-family zones and replace them with multi-family zones, allowing for development of duplexes, triplexes, and fourplexes to alleviate the city’s housing strain. This is estimated to add an additional 9,000 housing units in the next several years. Berkeley was nationally known for being the “birthplace of exclusionary zoning,” and the town decided it was time to address the issue. The new units will match existing neighborhood style while also maintaining historic character...
Read More
Culdesac Tempe: A Car-Free Neighborhood
Date Added: Thursday, August 12, 2021Affordable Housing , Mixed/Multiple Use, Pedestrian Oriented Design (POD), Transit Oriented Development (TOD), Density
Arizona
Municipal
Culdesac Tempe is a car free neighborhood in Arizona that has 636 housing units on 16 acres. All buildings are connected via walkways and courtyards. The development also has a bike share program and is located next to public transit. This is a mixed-use, high-density zone to encourage pedestrian-oriented development that provides housing opportunities for a variety of income levels...
Read More
Daybreak Mews
Date Added: Thursday, August 12, 2021Affordable Housing , Mixed/Multiple Use, Transit Oriented Development (TOD)
Utah
Municipal
Daybreak Mews Homes in South Jordan, Utah has 147 houses within 3.2 acres and was created to provide low- to moderate-income residents with an opportunity for home ownership. It is a townhouse community that is both walkable and near public transit...
Read More
Residential Infill Pilot Program 2.0
Date Added: Thursday, August 12, 2021Affordable Housing , Density, Infill
Washington
Municipal
Created the Residential Infill Pilot Program 2.0 to encourage residential infill development within the city. This program aims to promote multi-family development within traditionally single-family neighborhoods to add affordable units, increase housing choice, increase density, maintain scale and character of neighborhoods, and more. This plan will apply to single-family districts and outlines the permitted number and style of units depending on zone and lot size...
Read More
Chapter 20.28 Infill Housing
Date Added: Thursday, August 12, 2021Affordable Housing , Density, Infill
Washington
Municipal
City code includes Infill Development chapter used to implement comprehensive plan goals related to infill development. This development is permitted in all zones except single-family, aside from single-family zones that permit cluster subdivisions. It sets site size, setback, parking, and open space requirements for each type of multi-family development...
Read More
PEW Health Informed Decisions Toolkit
Date Added: Thursday, August 12, 2021Healthy Communities, Health Impact Assessments
State: Not Applicable
N/A
PEW developed a toolkit of strategies that local governments are implementing to make better health-conscious decisions. You can search by type of strategy, geographically, research method, and more. The goal is by having a constantly updated health toolkit, local governments can see what other municipalities are doing to make better health choices when it comes to housing, education, and planning. ..
Read More
Hartford CT Fresh Food Requirement for Stores
Date Added: Thursday, August 12, 2021Healthy Communities, Food Deserts, Low Nutrition Uses, Equity
Connecticut
Municipal
In Hartford, Connecticut, the zoning code requires twenty percent of the net floor area of any convenience store to sell fresh fruits, vegetables, whole grains, whole grain cereal, dairy products (excluding ice cream), and canned or dried goods without unhealthy additives. Requiring convenience stores and food trucks to provide more healthy food options helps combat food swamps and deserts. ..
Read More
Unified Development Regulations
Date Added: Thursday, August 12, 2021Affordable Housing , Mixed/Multiple Use, Density, Infill
Vermont
Municipal
The zoning code was amended to create a mixed-use residential district to promote infill while also maintaining community character. This technique would allow for much of the zoning code, and therefore community, to remain the same while certain aspects are changed to promote Missing Middle development. The city targets affordable housing as a major factor in this development...
Read More
Town of Davidson, NC HIA in Comprehensive Plan
Date Added: Thursday, August 12, 2021Healthy Communities, Health Impact Assessments
North Carolina
Municipal
The Town of Davidson, North Carolina did a Health Impact Assessment to determine the progress they have made from their previous comprehensive plan and determine what must be included in the town’s new comprehensive plan to further the goals of the community. The goal was to collect data on the town’s current position and develop a myriad of suggestions to promote healthy programs, policies, and infrastructure. The HIA was funded by the Center for Disease Control and Prevention’s Healthy Community Design Initiative and was a key resource for Da..
Read More
Untapped Potential: Strategies for Revitalization and Reuse
Date Added: Thursday, August 12, 2021Affordable Housing
California
Municipal
Los Angeles created a guideline for future adaptive reuse legislation. Its top strategies to promote reuse are: leverage data and mapping tools to understand reuse opportunities; eliminate, reduce, or recalibrate parking requirements; update zoning codes to meet the needs of the 21st century; retain and strengthen existing incentive programs for reuse; remove key barriers that prevent change of use in vacant or underutilized buildings; develop a solutions database to track and promote ways to overcome building code challenges; develop new sourc..
Read More
Article XVII Adaptive Reuse, §27-199.1 Affordable Housing and Multifamily Housing
Date Added: Thursday, August 12, 2021Affordable Housing
Pennsylvania
Municipal
Allows adaptive reuse in the zoning code for multiple family units and affordable housing. Whitehall allows adaptive reuse for affordable housing to be permitted as of right in all residential zoning districts. It is limited to buildings over 5,000 square feet with the existing structure having existed for 50 years before this code was passed. It must have been vacant, partially vacant, or underutilized for a minimum of 3 consecutive years. Affordable units must be 60% AMI or below and rents must remain affordable for 15 years. The code also p..
Read More
Town of Warner Fast Food Density Cap
Date Added: Thursday, August 12, 2021Healthy Communities, Low Nutrition Uses, Equity
New Hampshire
Municipal
Town of Warner, NH has an ordinance that requires fast-food and drive-in restaurants to be at least 2,000 feet apart. This caps the density of fast-food restaurants and helps prevent food swamps near important public places. ..
Read More
Homekey
Date Added: Thursday, August 12, 2021Affordable Housing
California
State
California’s Statewide Hotels-to-Housing Initiative: Homekey is a California statewide program that allocated $846 million of federal CARES Act CRF funds, state funds, and philanthropic money to support acquiring hotels, motels, and other properties to be converted into housing for the homeless during Covid-19 with the goal that the majority of units will become permanent housing. Through an application process open to local public entities– including cities, counties, housing authorities, and federally recognized tribal governments–6,066 units..
Read More
Homekey
Date Added: Thursday, August 12, 2021Affordable Housing
California
State
California’s Statewide Hotels-to-Housing Initiative: Homekey is a California statewide program that allocated $846 million of federal CARES Act CRF funds, state funds, and philanthropic money to support acquiring hotels, motels, and other properties to be converted into housing for the homeless during Covid-19 with the goal that the majority of units will become permanent housing. Through an application process open to local public entities– including cities, counties, housing authorities, and federally recognized tribal governments–6,066 units..
Read More
Homekey
Date Added: Thursday, August 12, 2021Affordable Housing
California
State
California’s Statewide Hotels-to-Housing Initiative: Homekey is a California statewide program that allocated $846 million of federal CARES Act CRF funds, state funds, and philanthropic money to support acquiring hotels, motels, and other properties to be converted into housing for the homeless during Covid-19 with the goal that the majority of units will become permanent housing. Through an application process open to local public entities– including cities, counties, housing authorities, and federally recognized tribal governments–6,066 units..
Read More
Homekey
Date Added: Thursday, August 12, 2021Affordable Housing
California
State
California’s Statewide Hotels-to-Housing Initiative: Homekey is a California statewide program that allocated $846 million of federal CARES Act CRF funds, state funds, and philanthropic money to support acquiring hotels, motels, and other properties to be converted into housing for the homeless during Covid-19 with the goal that the majority of units will become permanent housing. Through an application process open to local public entities– including cities, counties, housing authorities, and federally recognized tribal governments–6,066 units..
Read More
Arden Hills Minimum Distances Ordinance for Fast Food Restaurants
Date Added: Thursday, August 12, 2021Healthy Communities, Low Nutrition Uses, Equity
Minnesota
Municipal
Arden Hills, Minnesota enacted a minimum distance ordinance. In Arden Hills, “drive-in businesses” and “fast food restaurants” are not permitted within 400 feet of schools, churches, public recreation areas, and residentially zoned property. Fast-food restaurants also must be a minimum of 1,320 feet from one another. This helps prevent food swamps near important public places.
..
Read More
Hillsborough County, FL Extensive HIA Process
Date Added: Thursday, August 12, 2021Healthy Communities, Health Impact Assessments
Florida
Regional - Multiple Municipalities
There is an extensive required Health Impact Assessment (HIA) process in Hillsborough County, Florida for any public projects that are proposed to the planning board. Hillsborough County has a six step HIA program, similar to an Environmental Impact Statement, which consists of a screening phase, scoping phase, assessment phase, recommendations phase, reporting phase, and monitoring phase. For all public projects being developed in the county, an HIA must first be completed before construction begins in order to mitigate the public health effec..
Read More
Hartford, CT Anti-Blight
Date Added: Thursday, August 12, 2021Vacant & Distressed Properties, Healthy Communities
Connecticut
Municipal
Vacant and distressed properties are a financial burden on the community and have a negative effect on public health. Hartford, Connecticut has an “Anti-Blight Program” in its Municipal Code. The code contains provisions mandating the registration of vacant buildings, requiring a quarterly city report indexing blighted properties, and offering a property tax assessment deferral for owners who repair and rehabilitate blighted properties. ..
Read More
PlanOKC Health Impact Assessment
Date Added: Thursday, August 12, 2021Healthy Communities, Health Impact Assessments
Oklahoma
Municipal
In Oklahoma City, Oklahoma they adopted a new comprehensive plan that was modeled after the findings of a Health Impact Assessment. They made three models of possible future growth plans for the city and identified 35 indicators that may change depending on the type of growth. When the city expands, they are prepared with strategies to implement to mitigate the community health effects of future developments. Oklahoma City created more opportunities for walking and biking, increased access to healthy produce, and improved the water quality afte..
Read More
Town of Southampton, NY Pre-Application Process
Date Added: Thursday, August 12, 2021Pre-Application & Consensus Building
New York
Municipal
The Town of Southampton, NY requires an in-depth pre-application process for subdivision approval for developers. The zoning code involves detailed steps that requires a lot of information from the developer upfront. The developer is required to set up a fee schedule with the town and may have to pay the town an upfront cost to be held in escrow for any additional clerical or consulting costs incurred during the application process. The subdivision developer must also provide an alternative cluster plan to their development. The planning board ..
Read More
General Plans and Zoning: A toolkit for building healthy, vibrant communities
Date Added: Thursday, July 19, 2018Land Use Planning, Healthy Communities, Zoning
State: Not Applicable
N/A
This resource is helpful for communities to look to see how zoning and public health relate. There is an overlap between public health and zoning. On page 135, the City of Berkley provides an example of zoning for food access. It discusses how local zoning and land use law influenced the city to cater to the needs of the town and push for a grocery store offering affordable fresh foods. When motivating community residents to speak for the needs of their fellow neighbors and quality of food access, projects get completed. This document also dis..
Read More
National Healthy Housing Standard
Date Added: Wednesday, July 18, 2018Affordable Housing , Healthy Communities
State: Not Applicable
N/A
Affordability, location, and quality of housing have all been independently linked to health. The National Center for Healthy Housing (NCHH) and the American Public Health Association (APHA) have created an evidenced based National Healthy Housing Standard as a tool to reconnect the housing and public sectors, and as an evidence based-standard of care for those in the position of improving housing conditions. The Standard developed by these two groups provides health-based provisions to fill gaps where no property maintenance policy exists and ..
Read More
Get Healthy Philly 2015 Annual Report
Date Added: Tuesday, July 17, 2018Land Use Planning, Healthy Communities
Pennsylvania
Municipal
The Get Healthy Philly program was launched in 2010 as a public health initiative aimed to prevent disease, increase accessibility to healthy foods, promote increased physical activity through open space design and planning for walkability, and encourage smoke-free policies. This program, developed by the City’s Department of Public Health, is focused on six major strategies: media and communication campaigns regarding the benefits of exercise and tobacco-free environments; policies aimed at decreasing exposure to secondhand smoke and increasin..
Read More
Local Food Supply: A Chapter of the Marquette County Comprehensive Plan
Date Added: Tuesday, July 17, 2018Comprehensive Planning, Local Food Production, Healthy Communities, Zoning, Urban Farming & Community Gardens
Michigan
Municipal
The County of Marquette added a chapter to its Comprehensive Plan entitled Local Food Supply as a way to expand the local economy through increased local food production and to enhance the health of residents through better access to affordable, healthy foods. Some of the policies enacted via this Local Food Supply Plan include amending the zoning code to allow for small scale agricultural uses in residential zones, establishing community gardens, developing educational opportunities to teach the importance of local food production, supporting ..
Read More
Austin Healthy Food Access Initiative
Date Added: Tuesday, July 17, 2018Transportation & Land Use Planning, Healthy Communities, Zoning, Urban Farming & Community Gardens, Vulnerable Populations
Texas
Municipal
This initiative began in 2015 with an American Planning Association Plan4Health grant to address access to healthy food in the North Central area of Austin, Texas. The City, through its Office of Sustainability, created a Food Planning Pilot Program focused on priority populations who have historically struggled to find healthy, fresh foods at affordable prices. These populations include school children who qualify for free lunches, immigrants, refugees, and other struggling low-income groups. In response to the City Council’s Resolution in 201..
Read More
Seattle Food Action Plan
Date Added: Tuesday, July 17, 2018Land Use Planning, Local Food Production, Healthy Communities, Urban Farming & Community Gardens
Washington
Municipal
The city adopted the “Seattle Food Action Plan” in 2013, created by the Office of Sustainability and Environment, that lays out specific strategies to get more healthy food to more Seattle residents. This plan is aimed at expanding opportunities for people to grow and procure healthy food in the city, enhancing the regional economy, and reducing food-related waste. The Food Action Plan involves many departments of the city, including the Human Services Department, responsible for developing community gardens to provide meal programs for childre..
Read More
A Practitioner’s Guide for Advancing Health Equity: Community Strategies for Preventing Chronic Disease
Date Added: Tuesday, July 17, 2018Transit Oriented Development (TOD)
State: Not Applicable
N/A
The Healthy Equity Guide is meant to assist practitioners with promoting health and
preventing chronic disease in local communities. This information has been gathered from
local, state and tribal organizations as lessons on what to look for when addressing health
inequities. A major topic discussed is using green infrastructure and adopting bike/walking
paths to address disproportionate rates of obesity and create access to healthy food
resources. It also discusses creating safe and accessible streets for all users. In Section two,
the d..
Read More
Early Community Outreach for Design Review
Date Added: Tuesday, July 17, 2018Pre-Application & Consensus Building, Equity
Washington
Municipal
In October 2017, the City of Seattle enacted a new set of regulations related to Design
Review, an official city process that has allowed community members as well as
professional planners and designers to weigh in on new development projects in Seattle
since 1994. Among the updates, is a measure that allows the Seattle Department of
Construction and Inspections (SDCI) to make rules for community outreach and early
design guidance for projects going through Design Review. Pursuant to this measure, SDCI
created a new rule for Early Communi..
Read More
Healthy Community Implementation Toolbox
Date Added: Thursday, July 12, 2018Comprehensive Planning, Healthy Communities, Zoning
California
N/A
Los Angeles wants to decrease health inequalities, chronic disease and obesity amongst the community. As a result, the ULI Los Angeles’ Healthy Community Implementation Toolbox was created for local governments and officials in public works, planning, and private developers. The goal of this toolbox is to create a healthy environment with creative active living design plans, incorporating fast food regulations and healthy retail incentives, along with farmers’ markets and community gardens. The toolbox outlines twelve tools for developing healt..
Read More
Building Healthy Communities: Residents Live in Communities With Health-Promoting Land use, Transportation, and Community Development
Date Added: Thursday, July 12, 2018Comprehensive Planning, Healthy Communities, Complete Streets, Urban Farming & Community Gardens
State: Not Applicable
N/A
The purpose of this guide is to provide strategies to help local planners improve health in their communities through land use design, transportation and community development. The document is broken down into twelve different categories of promising strategies used by local governments to improve overall public health. The it discusses how communities can measure progress after implementing these policies. This document focuses on centering the built environment around a walkable/bikeable community with complete streets policies, safe routes f..
Read More
Promoting Public Health Through Smart Growth: Building Healthier Communities Through Transportation and Land Use Policies and Practices
Date Added: Thursday, July 12, 2018Smart Growth, Healthy Communities
State: Not Applicable
N/A
This document emphasizes how living smart growth communities leads to greater overall public health. It discusses practices that can be used in a variety of locations and focuses on how planners should create compact development that allow people to walk to their homes, supermarkets, schools and retail. These strategies are also used to achieve economic, social and environmental objectives goals, such as reducing climate change, air pollution and traffic congestions, increasing convenience and accessibility for people of all ages and increasing..
Read More
Land Use Planning for Public Health: The Role of Local Boards of Health in Community Design and Development
Date Added: Wednesday, July 11, 2018Comprehensive Planning, Land Use Planning, Local Boards, Healthy Communities, Zoning
State: Not Applicable
N/A
This article focuses on the health issues arising from the built environment and the roles of both the government and private sector must do to combat these issues. First the article discusses issues affecting the built environment, such as decreases in water and air quality, loss of farmland, increase in traffic and residential segregation. A key focus in the article is how transportation plays a major role in shaping the built environment and how urban design can create greater quality neighborhoods. The article also goes into detail about wa..
Read More
Land trust response To renewable energy siting challenges in New York
Date Added: Wednesday, July 11, 2018New York
N/A
For partial fulfillment for his Master of Science in Environmental Policy from the Bard College’s Center for Environmental Policy, Mr. Collin Adkins submitted his Master’s Capstone titled “Land trust response to renewable energy siting challenges in New York." Within this report, Mr. Adkins “creates a baseline assessment of New York’s land trusts that evaluates the extent to which land trusts are aware of and responding to the changing policies around renewable energy and its impacts on land use.” The report goes further by suggesting five area..
Read More
PAS Essential Info Packet: Planning & Zoning for Health in the Built Environment
Date Added: Wednesday, July 11, 2018Comprehensive Planning, Land Use Planning, Healthy Communities, Zoning
State: Not Applicable
N/A
The Essential Info Packet provides planners with a collection of examples that demonstrate a connection between health and the built environment. These examples include zoning laws, policies, and how-to guidance on how communities across the country have addressed issues of public health. First it provides a list of sources which analyze the importance of creating a connection between health and the built environment. It also includes, collaborations with local governments and agencies, health impact assessments, comprehensive plans and toolkit..
Read More
Multigenerational Planning: using smart growth and universal design to link the needs of children and the aging population
Date Added: Wednesday, July 11, 2018Smart Growth, Equity
State: Not Applicable
N/A
This article discusses how multigenerational planning is a “holistic approach” that assess the needs of many different age groups while planning policies that include zoning, local laws and building codes. The ultimate goal is creating a community that ensures “generational equality”. The article begins by discussing changes in population and demographics that impact how planners address certain issues. It articulates the needs, wants and concerns of each age group and what kind of communities they look to live in. Planners must provide a desig..
Read More
Metrics For Planning Healthy Communities
Date Added: Wednesday, July 11, 2018Comprehensive Planning, Healthy Communities
State: Not Applicable
N/A
This project focuses on improving community healthy through the environments people “live, work and play.” The built environment is important because it can be used to reduce health inequities, strengthen the integration of health and planning and reduce socioeconomic issues. The project discusses the five categories that impact overall health and determines how planners can promote healthy lifestyles to counteract these factors through the built environment. Planners must be a focus on both traditional and social factors which impact human hea..
Read More
Healthy Planning: An evaluation of comprehensive plans addressing public health (APA)
Date Added: Wednesday, July 11, 2018Comprehensive Planning, Healthy Communities
State: Not Applicable
N/A
The purpose of this project is to create a framework which communities can follow that outline strategies of how to implement public health goals into comprehensive plans. More specifically, the project includes four sustainability plans that have been implemented across the United States. In “Examples” of Robust Public Health Policy, it discusses community examples which include active living, emergency preparedness, environmental exposures, food and nutrition, health and human services policies and social cohesion and mental health. The proje..
Read More
Healthy Plan Making Integrating Health Into the Comprehensive Planning Process: An Analysis of Seven Case Studies and Recommendations for Change (APA)
Date Added: Wednesday, July 11, 2018Comprehensive Planning, Healthy Communities
State: Not Applicable
N/A
The purpose of this document is to identify specific tools and strategies used when incorporating public health policies and goals and the processes of implementing these goals. Based on a study in 2010 by the American Planning Association, the organization generated a list of strategies used in the planning process to integrate public health. This study provides an in depth, qualitative case study analysis of how public health became a part of the planning process” and background on what creates successful policies...
Read More
Healthy Plan Making (APA)
Date Added: Tuesday, July 10, 2018Comprehensive Planning, Healthy Communities
State: Not Applicable
N/A
This document lays out a chart discussing important methods of integrating public health practices into comprehensive plans. Based on a study in 2010 by the American Planning Association, the organization generated a list of strategies used in the planning process to integrate public health. The major components of the list include community engagement, active living, emergency preparedness, environmental health, food and nutrition, public services and social cohesion and mental health. The document also provides examples of places where these ..
Read More
Health in the Development Review Process
Date Added: Tuesday, July 10, 2018Comprehensive Planning, Healthy Communities
State: Not Applicable
N/A
This article discusses how design strategies of roads, buildings and public can be used to incorporate health. The document is split into four sections which discuss the detailed direction on how communities can consider their individuals must take into account the specific needs of the environment and what direction planners must take to generate a healthy community. The first section discusses how a community can use their comprehensive plan to envision and ensure healthy lifestyles by incorporating the importance of health into the planning ..
Read More
Health and Planning Roundtable
Date Added: Tuesday, July 10, 2018Comprehensive Planning, Healthy Communities
Oregon
State
This article discusses how the Oregon Chapter of the American Planning Association is has focused on improving policies to advance community public health on the state-level and local-level. The Oregon American Planning Association is working with health-related organizations, such as the Centers for Disease Control and the American Public Health Association, to improve health through planning practices. In Oregon currently, at the state-level, there is limited mention of the built environment’s impact on health. At the local-level, in places l..
Read More
Health and Planning Roundtable
Date Added: Tuesday, July 10, 2018Comprehensive Planning, Healthy Communities
Oregon
State
This article discusses how the Oregon Chapter of the American Planning Association is has focused on improving policies to advance community public health on the state-level and local-level. The Oregon American Planning Association is working with health-related organizations, such as the Centers for Disease Control and the American Public Health Association, to improve health through planning practices. In Oregon currently, at the state-level, there is limited mention of the built environment’s impact on health. At the local-level, in places l..
Read More
Economic Development and Redevelopment: A Toolkit on Land Use and Health
Date Added: Tuesday, July 10, 2018Economic Development, Healthy Communities
State: Not Applicable
N/A
The Economic Development and Redevelopment Toolkit was designed to improve low-income community access to food by providing a fundamental understanding of economic development and redevelopment and how these tools can provide opportunities to increase food retailing in the community. These economic development strategies breakdown the type of economic revitalization based on business attractions, physical redevelopment and the community members. The toolkit discusses the advantages and challenges of specific food systems, including, supermarke..
Read More
Comprehensive Planning for Public Health: Results of Planning and Community Health Research Survey
Date Added: Tuesday, July 10, 2018Comprehensive Planning, Healthy Communities, Equity
State: Not Applicable
N/A
The American Planning Association devised a guide to reduce health inequities amongst communities. The guide states that careful designing, implementation strategies and individual or community resources can be used to reduce these health inequities. The guide is organized into four major points; “incorporating health equity into foundational skills for public health, maximizing tobacco-free living strategies to advance health equity, maximizing healthy food and beverage strategies and maximizing active living strategies to advance health equit..
Read More
Building Healthy Places Tool Kit: Strategies for Enhancing Health in the Business Environment
Date Added: Tuesday, July 10, 2018Land Use Planning, Healthy Communities, Architectural Design Control
State: Not Applicable
N/A
The Building Healthy Places Tool Kit focuses on community opportunities to promote health and prevent its members from chronic diseases. This toolkit is meant to serve as a resource for shapers of buildings and projects interested in making “specific evidence supported design” to create a healthier environment. The report lists twenty-one recommendations for promoting “gold star” health organized into three separate categories; “physical activity, healthy food and drinking water, and healthy environment and social well-being”. These strategies ..
Read More
From Fitness Zones to the Medical Mile: How Urban Park Systems Can Best Promote Health and Wellness
Date Added: Tuesday, July 10, 2018Healthy Communities, Parks & Recreation
State: Not Applicable
N/A
The Trust for Public Land conducted a study and determined that in order for a park system to poster mental and physical well-being, it must be used by the public. The professionals in the fields of public and mental health, parks and recreation, landscape architecture, and urban planning discussed and analyzed park elements such as trails, sports fields, playgrounds, drinking fountains, restrooms, and other facilities, and how they are provided, promoted, and signed. The professionals also considered important variables external to the parks s..
Read More
Health & Green Infrastructure
Date Added: Tuesday, July 10, 2018Healthy Communities, Low Impact Development & Green Infrastructure
State: Not Applicable
N/A
The three pillars of sustainability (economy, environment, and equity) provide a useful framework for understanding the health benefits of green infrastructure. This report provides examples of how green infrastructure promotes health through all three pillars, and provides explanations, examples, and best practices for each pillar. ..
Read More
Grocery Store Attraction Strategies
Date Added: Tuesday, July 10, 2018Healthy Communities, Food Deserts
State: Not Applicable
N/A
Lower income communities can have difficulties accessing fresh food, which can affect the physical health of the community residents and the economic health of the neighborhood. This report discusses research that has been conducted which highlights the difficulties that communities face in attracting a grocery store and having the store be successful, and serves as a resource to help communities organize a strategy to attract grocery stores. It also discusses the resources of local governments and local community-based organizations which have..
Read More
Biking and Walking in the United States 2016
Date Added: Tuesday, July 10, 2018Pedestrian Oriented Design (POD), Healthy Communities, Bicycle Infrastructure
State: Not Applicable
N/A
The Benchmarking Project has 3 primary objectives: 1) to promote data collection and availability, 2) to measure progress and evaluate results, and 3) to support efforts to increase bicycling and walking. The project is also motivated by making the connection between active transportation and healthy communities. The first half of this report contains a review of relevant research that supports biking and walking improvements, and the second half of the report provides state and city data. Part one explains the Benchmarking Project and the data..
Read More
Establishing Land Use Protections for Community Gardens
Date Added: Tuesday, June 26, 2018Healthy Communities, Urban Farming & Community Gardens
State: Not Applicable
N/A
Local governments are promoting healthy eating and active living by supporting community gardens, which are spaces where community residents can gather to cultivate different crops. Planning for Healthy Places, which is a Public Health Law & Policy, has created a set of complementary model land use policy to help communities, specifically in California, create and preserve community gardens. This resource provides examples of communities that have existing laws and policies promoting community gardens and other resources that provide helpful in..
Read More
Establishing Land Use Protections for Community Gardens
Date Added: Tuesday, June 26, 2018Healthy Communities, Urban Farming & Community Gardens
State: Not Applicable
N/A
Local governments are promoting healthy eating and active living by supporting community gardens, which are spaces where community residents can gather to cultivate different crops. Planning for Healthy Places, which is a Public Health Law & Policy, has created a set of complementary model land use policy to help communities, specifically in California, create and preserve community gardens. This resource provides examples of communities that have existing laws and policies promoting community gardens and other resources that provide helpful in..
Read More
Safe Routes to Parks (APA)
Date Added: Tuesday, June 26, 2018Healthy Communities, Parks & Recreation
State: Not Applicable
N/A
Access to green space and open space is important for personal health and well-being. This fact sheet provides city and regional planners resources to help foster an environment that establishes safe routes to parks. The APA provides outlines of plans, policies, and strategies that planners can pursue and provides examples of communities with safe routes to parks. ..
Read More
Plan4Health Active Living (APA)
Date Added: Tuesday, June 26, 2018Pedestrian Oriented Design (POD), Transportation & Land Use Planning, Healthy Communities, Complete Streets
State: Not Applicable
N/A
The Plan4Health American Planning Association Project released a report on Active Living. The Plan4Health coalition considers how the build environment supports or hinders active living (incorporating physical activity into everyday activities). The toolkit provides several resources to help communities incorporate active living principles into their community planning. This report also provides examples of communities who have best practices regarding bike-friendly businesses, smart trips (framework encouraging people to reduce solo trips and ..
Read More
Plan4Health Food Systems (APA)
Date Added: Monday, June 25, 2018Healthy Communities, Urban Farming & Community Gardens
State: Not Applicable
N/A
The Plan4Health American Planning Association Project released a report on Food systems. The Plan4Health coalition identifies the factors that impact a community’s access to healthy food, compiles Best Practices, and provides additional resources regarding these factors that impact food systems. The report provides information about and suggestions for community gardens, home gardens, healthy corner stores, mobile markets, food hubs, and food banks. The report also provides a list of communities with Plan4Health Cohorts. ..
Read More
Plan4Health Food Systems (APA)
Date Added: Monday, June 25, 2018Healthy Communities, Urban Farming & Community Gardens
State: Not Applicable
N/A
The Plan4Health American Planning Association Project released a report on Food systems. The Plan4Health coalition identifies the factors that impact a community’s access to healthy food, compiles Best Practices, and provides additional resources regarding these factors that impact food systems. The report provides information about and suggestions for community gardens, home gardens, healthy corner stores, mobile markets, food hubs, and food banks. The report also provides a list of communities with Plan4Health Cohorts. ..
Read More
Philadelphia, PA Executive Order NO. 5-09: Establishment of a Complete Streets Policy
Date Added: Monday, June 25, 2018Healthy Communities, Complete Streets
Pennsylvania
Municipal
Executive Order NO. 5-09 establishes a Complete Streets Policy, and recognizes that increasing public transit use, walking, and bicycling can result in a healthier population, cleaner air, reduced traffic, livable neighborhoods, and less reliance on fossil fuels. It also provides that all City departments and agencies shall give full consideration to accommodation of the safety of all users of transportation systems (pedestrians, bicyclists, public transit users, vehicle drivers) regarding decisions made. The Complete Streets Policy is an integ..
Read More
Philadelphia Complete Streets Design Handbook
Date Added: Monday, June 25, 2018Healthy Communities, Complete Streets
Pennsylvania
Municipal
This Handbook will help inform the City, design professionals, developers, and community groups that are involved in the planning and design of streets and changes to the public right-of-way in Philadelphia. The Handbook identifies 7 conceptual complete streets components that make up the public right-of-way: Pedestrian, Building & Furnishing, Bicycle, Curbside Management, Vehicle/Cartway, Urban Design, and Intersections & Crossings. This Handbook will promote more efficient project implementation by serving as a comprehensive resource to guide..
Read More
Philadelphia Bill No. 120532 Complete Streets
Date Added: Monday, June 25, 2018Healthy Communities, Complete Streets
Pennsylvania
Municipal
This Ordinance amended Title 12 of The Philadelphia Code, the “Traffic Code,” providing for the manner in which bicyclists may operate bicycles in the streets, and by prohibiting motor vehicles from obstructing or creating hazards in bicycle lanes. This Ordinance also amends Title 11 of the Philadelphia Code, the “streets” section, providing for the establishment and implementation of a Complete Streets Policy. ..
Read More
City of Kingston Complete Streets Policy Framework
Date Added: Thursday, June 21, 2018Healthy Communities, Complete Streets
New York
Municipal
The City of Kingston Complete Streets Policy Frameworks, adopted 11/9/2010, details Kingston’s Complete Streets policies. This policy reflects that the City of Kingston encourages walking, bicycling, and public transit for transportation, health, fitness, and recreation. This document also identifies that the City has a goal to develop a Complete Streets program, initiated by a Complete Streets Advisory Council, which is established by this document. The intent of this policy is to recognize pedestrians, bicyclists, transit riders, and people w..
Read More
City of Buffalo, NY Chapter 413 Streets and Sidewalks, Article XIV: Complete Streets
Date Added: Thursday, June 21, 2018Healthy Communities, Complete Streets
New York
Municipal
Article XIV within Chapter 413 of the City of Buffalo, NY Code outlines the Complete Streets code provisions for the city. This Section provides that the Commissioner of Public Works, Parks, and Streets shall include pedestrian and bicycle facilities in all new street construction, reconstruction, maintenance, public works, and projects undertaken by the City. The Bicycle and Pedestrian Advisory Board reviews all new construction/projects and provides consultation regarding the implementation of complete streets. The inclusion of bicycle and pe..
Read More
Grow Solar Local Government Solar Toolkit for Minnesota: Planning, Zoning, and Permitting
Date Added: Wednesday, June 20, 2018Solar Energy, Zoning
Minnesota
N/A
The model addresses concerns that are primarily in counties, townships, and rural areas rather than cities and urban areas. The incentive portion of the urban model ordinance can be applied in rural areas, as are provisions addressing solar access and aesthetic considerations in those rural areas with development patterns at an urban scale (typically lots smaller than 1 acre). This ordinance addresses solar energy as both a principal use and as an accessory use to the primary residential or commercial use. The model outlines height restriction..
Read More
Energize CT Solar PV Model Zoning Ordinance
Date Added: Wednesday, June 20, 2018Solar Energy, Zoning
Connecticut
N/A
Energize CT developed a model solar PV zoning ordinance to aid municipalities in developing their own solar PV zoning ordinance. The model provides example height restrictions for various types of solar collector units. It states that ground-mounted solar PV systems are permitted as an accessory use in all zoning districts upon issuance of the proper permit and that they must not exceed thirty-five inches in height. Roof-mounted solar PV systems (permitted as an accessory use in all zoning districts upon issuance of the proper permit) shall be ..
Read More
Promoting Enhanced Bicycle Infrastructure
Date Added: Wednesday, June 20, 2018Economic Development, Transit Oriented Development (TOD), Healthy Communities
Michigan
Municipal
Grand Rapids, Michigan has created legislation to improve existing bike paths and install new bike paths that accommodate recreational trips as well as trips to work, shopping and school. The goal of this legislation is to meet the City’s plan to make 10% of all regional travel made on bicycle. Limiting dependency on cars has manifold benefits: serves those without the capacity to drive (senior and minors); reduces congestion and time spent commuting; reduced land consumption through roadways and parking; tax re-allocation from roadways; improv..
Read More
Clean Air for Future Generations
Date Added: Wednesday, June 20, 2018Transportation & Land Use Planning, Healthy Communities, Vulnerable Populations
Minnesota
Municipal
Chapter 13 of Ramsey, Minnesota’s Comprehensive Plan sets a clear strategy of preserving existing tree canopy and promoting planting more trees in new developments to increase the air quality of the community for future generations. They further set a policy of finding opportunities to plant additional trees along Highway 10 and other major roadways...
Read More
Future Development promoting increased Air Quality
Date Added: Wednesday, June 20, 2018Transportation & Land Use Planning, Healthy Communities, Vulnerable Populations
Florida
Municipal
To help avoid urban sprawl and reduce automobile use, Nassau created and adopted the East Nassau Community Planning Area (ENCPA) for future land use. The county has certain goals for development within the ENCPA, including: facilitating multi-modal transportation and creating communities that discourage urban sprawl. The goals of development within the ENCPA directly promote public health through encouraging walking and biking, making sure they are safe by planning for them to exist in the future, and decreasing the amount of pollution created ..
Read More
Air Quality Liability
Date Added: Wednesday, June 20, 2018Transportation & Land Use Planning, Healthy Communities, Vulnerable Populations
New York
Municipal
Buffalo holds not only violators of the ordinances responsible and liable for infringements, but they also hold owners, proprietors, lessors, agents, tenants, managers, superintendents, captains, etc. responsible and liable for any unlawful emission...
Read More
American Planning Association’s Solar Planning & Zoning Database
Date Added: Tuesday, June 19, 2018Solar Energy, Zoning
State: Not Applicable
N/A
The American Planning Association hosts an online Solar Planning & Zoning Data Search database. From this portal, users can search hundreds of examples of solar-supportive plans, development regulations, and other planning-related implementation tools by place type, population range and density, tool type, and solar practice. The database includes example policies, plans, and regulations from communities across the nation...
Read More
ICMA/ The Solar Foundation’s A Beautiful Day in the Neighborhood: Encouraging Solar Development through Community Association Policies and Processes
Date Added: Tuesday, June 19, 2018Solar Energy, Zoning
State: Not Applicable
N/A
ICMA guidelines focus heavily on the visibility aspect of solar energy systems. Residential guidelines include that system panels should be mounted as close to the roof as possible, and no part of the installation should be visible above the peak of the roof to which it is attached. Panels also should not protrude above the roofline to be visible from adjacent properties, and pipes, wires, and mounting hardware must be unobtrusive...
Read More
Penn Future's Solar Installation Guidebook
Date Added: Tuesday, June 19, 2018Solar Energy, Zoning
Pennsylvania
N/A
Penn Future’s Western PA Solar Installation Guidebook provides information on how to handle zoning and permitting solar energy in one’s municipality. Section B contains a model zoning ordinance. The ordinance defines a “building-mounted system” as one “attached to any part or type of roof on a building or structure that has an occupancy permit . . . and that is either the principal structure or an accessory structure . . . .” The ordinance defines a “ground-mounted system” as one “mounted on a structure, pole or series of poles constructed spec..
Read More
Model Small-Scale Solar Siting Ordinance
Date Added: Monday, June 18, 2018Solar Energy, Zoning
New York
N/A
Columbia Law School’s Center for Climate Change Law developed the Model Small-Scale Solar Siting Ordinance, which includes several helpful solar energy system definitions. The model ordinance defines building-integrated photovoltaic (BIPV) systems as those that integrate photovoltaic modules into the building structure, such as the roof or fac¸ade, but which do not alter roof relief. The model defines freestanding or ground-mounted solar energy systems as those directly installed in the ground and not attached or affixed to an existing structur..
Read More
Town of Bethlehem, New York Code § 128-67.2 – Solar photovoltaic (PV) systems.
Date Added: Monday, June 18, 2018Solar Energy, Zoning
New York
Municipal
§ 128-67.2 of the Town of Bethlehem, New York’s Code specifies zoning requirements for various types of solar collector units in different zoning districts within the City. For a building-mounted system, solar panels shall be set back no less than 3' from the edge of the roof to allow for fire access and ventilation. On sloped roofs, this requirement does not apply along that portion of the bottom edge located more than 3' from a side edge. Small-scale ground-mounted systems shall be permitted in a required minimum side yard or rear yard setbac..
Read More
City of Beacon, New York Code-Chapter 223: Solar Collectors and Installations
Date Added: Monday, June 18, 2018Solar Energy, Zoning
New York
Municipal
The City of Beacon, New York’s Code has an article dedicated to solar collectors and their installation. The height of freestanding and ground-mounted solar collectors (permitted as accessory structures in all zoning districts) and any mounts shall not exceed twenty feet when oriented at maximum tilt. For large-scale solar collectors or solar farms (which are prohibited in areas zoned for residential use), the maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 ..
Read More
Amendment to Town of Saugerties, New York Zoning Code Chapter 245
Date Added: Monday, June 18, 2018Solar Energy, Zoning
New York
Municipal
The amendment to the Town of Saugerties, New York Zoning Code allows large scale solar energy facilities via special use permits. The site for such facility shall be at least the minimum area required in the zoning district and the total area covered by the facility and all related appurtenances shall not exceed 70% of the gross area of the site. The required coverage as set for in the Schedule of Area and Bulk Regulations (Sec. 245-12) shall not apply to solar energy facilities where a solar array is designed and located so that the underlying..
Read More
Borough of Naugatuck, Connecticut Code of Ordinances §4.16 – Street trees
Date Added: Tuesday, June 12, 2018Solar Energy
Connecticut
Municipal
Naugatuck, Connecticut’s subdivision regulations include street tree provisions that require a minimum amount of street trees in subdivisions but these provisions require street tree locations that avoid shading solar collectors and other passive solar access systems. ..
Read More
City of Rocky Mount, North Carolina Land Development Code § 704(C)(9) – Solar access
Date Added: Tuesday, June 12, 2018Solar Energy
North Carolina
Municipal
The City of Rocky Mount, North Carolina’s landscaping regulations apply to all proposed development for which a site plan is required; however, if existing development on an adjoining lot is designed for solar access, the regulations authorize site plan applicants to substitute small trees for large trees where large trees would destroy solar access...
Read More
City of Lancaster, California Code § 17.08.305- Implementation of solar energy systems
Date Added: Tuesday, June 12, 2018Solar Energy, Zoning
California
Municipal
The City of Lancaster, California’s solar energy system implementation regulation requires all new single-family homes to have a solar energy system in order to receive a building permit. The mandate includes subdivisions, requiring the subdivider to meet the aggregate energy generation requirement within the subdivision (as calculated by the per-unit energy generation requirement multiplied by the number of homes in the subdivision). Alternatively, a homebuilder may choose to meet the solar energy generation requirement by purchasing solar en..
Read More
Solar Ann Arbor
Date Added: Monday, June 11, 2018Solar Energy
Michigan
Municipal
Ann Arbor, Michigan adopted Solar Ann Arbor, a functional plan that includes an energy profile for the City and recommends creating municipal solar financial incentives streamlining the solar permitting process, integrating solar energy systems into municipal infrastructure and culture, adopting solar access laws and robust building energy codes, creating a solar outreach campaign, and supporting solar workforce development and green jobs...
Read More
Tucson Solar Integration Plan and Greater Tucson Solar Development Plan
Date Added: Monday, June 11, 2018Solar Energy
Arizona
Regional - Multiple Municipalities
Tucson, Arizona’s Solar Integration Plan and Greater Tucson Solar Development Plan lay the groundwork for accelerated development of solar energy facilities in and around Tucson, requiring the installation of a minimum amount of solar electric generation capacity by 2015. ..
Read More
Town of Huntington Climate Action Plan
Date Added: Monday, June 11, 2018Green Buildings & Energy Efficiency, Land Use Planning, Solar Energy, Stormwater Management, Transportation & Land Use Planning, Climate Change Planning
New York
Municipal
In 2015, the Town of Huntington, New York released its Climate Action Plan. The Plan calls for removing zoning hurdles that obstruct the development of solar energy systems on private property and to streamline the permitting process. It calls for the installation of solar PV capacity on every public facility that can reasonably support such systems. The Plan also notes that to achieve economies of scale, the Town should bid multiple installations together or use requirements contracts to promote cost efficiencies. The plan also directs the Tow..
Read More
East New York Neighborhood Plan
Date Added: Monday, June 11, 2018Affordable Housing , Economic Development, Solar Energy
New York
Municipal
New York City’s East New York Neighborhood Plan was first released in 2016 and updated in 2017. The Plan’s 2017 update calls for a subset of the East New York community to be enrolled in the SolarizeNYC Program. This Program brings together local businesses and residents and connects them with the tools needed to install solar energy systems, including financial assistance, permitting guidance, and more. Per the 2017 update to the Plan, leaders in the neighborhood are to take the initiative on enrolling members of the community...
Read More
Updated Town and Village of Middleburgh Comprehensive Plan
Date Added: Monday, June 11, 2018Comprehensive Planning, Economic Development, Flood Prevention, Historic Preservation, Land Use Planning, Open Space Preservation, Solar Energy, Farmland Protection & Preservation
New York
Municipal
The Town and Village of Middleburgh, New York’s 2015 Comprehensive Plan calls for commercial-scale solar farms to be allowed through a Special Use Permit and that standards be applied to this use that ensures consistency with the scenic, environmental, and agricultural needs of the community. According to the plan, modifications to the community’s zoning ordinance should be made to ensure that these farms do not create negative aesthetic impacts and or direct glare onto roads or neighboring properties. The Plan also calls for the Town’s zoning ..
Read More
2017 Comprehensive Plan- Town of Reading, New York
Date Added: Monday, June 11, 2018Comprehensive Planning, Economic Development, Land Use Planning, Solar Energy, Stormwater Management, Water Resource Protection, Wind Energy, Natural Resource Protection & Conservation, Traffic Calming & Safety, Parks & Recreation
New York
Municipal
Reading, New York’s 2017 Comprehensive Plan promotes the use of solar energy throughout the community. It calls for Reading to provide information about the feasibility of solar energy to residents and to collaborate with state and other organizations in programs that encourage growth in solar energy systems. The plan also calls for Reading to reform its land use regulations to specifically allow certain types of solar energy systems and to establish procedures for review and approval of both small-scale accessory systems and large-scale instal..
Read More
County of Howard, Maryland - Use of Solar Panels and Other Solar Devices in Historic Districts Guidelines
Date Added: Monday, June 11, 2018Historic District Preservation, Solar Energy, Zoning
Maryland
Municipal
Howard County, Maryland offers guidelines for installing solar energy systems in historic districts. For example, one recommendation is to install solar panels on roof surface so it is not visible from a public way. The guidelines also include practices one should avoid, like removing historic roofing materials in order to add solar panels...
Read More
Town of East Bloomfield, New York Code § 135-41(H) – Solar arrays
Date Added: Monday, June 11, 2018Solar Energy, Zoning
New York
Municipal
The Town of East Bloomfield, New York allows solar energy systems by right in all zoning districts. However, a party seeking to install a building- or structure- mounted solar array must have a letter from a professional engineer or registered architect certifying that the existing structure can support the additional gravity and wind loads of the solar energy system. Meanwhile, ground-mounted solar arrays can be located in a side or year yard, but if the applicant can demonstrate to the satisfaction of the Planning Board that locating such sol..
Read More
Town of Southampton, New York Code § 330- 76(L) – Solar energy systems.
Date Added: Thursday, June 7, 2018Solar Energy, Zoning
New York
Municipal
The Town of Southampton, New York amended its zoning code to allow roof-mounted and ground-mounted solar energy systems as accessory uses in all zoning districts when the primary use on a lot is for producing electricity for on-site consumption. If solar energy equipment is visible from the public right-of-way, it shall match the color scheme of the underlying structure...
Read More
Town of Kingston, New York Code - Article XV: Solar Energy Systems
Date Added: Thursday, June 7, 2018Solar Energy, Zoning
New York
Municipal
Kingston amended its zoning ordinance to permit small-scale solar energy systems by right and ground-mounted solar energy systems as accessory structures in all zoning districts. Large-scale solar energy systems are allowed in the Town by a Special Use Permit.
..
Read More
Sustainable Westchester
Date Added: Thursday, June 7, 2018Energy Efficiency & Conservation, Intermunicipal Agreements, Recycling, Solar Energy, Water Resource Protection, Natural Resource Protection & Conservation, Complete Streets
New York
Regional - Multiple Municipalities
Sustainable Westchester is a consortium of Westchester County local governments that facilitates effective sustainability initiatives; engages community stakeholders; and shares tools, resources, and incentives to create healthier and more vibrant and attractive communities. Sustainable Westchester is a merger of the successful and popular Northern Westchester Energy Action Consortium (NWEAC) and Southern Westchester Energy Action Consortium (SWEAC)...
Read More
County of Kent, Maryland Renewable Energy Task Force
Date Added: Thursday, June 7, 2018Energy Efficiency & Conservation, Local Boards, Solar Energy
Maryland
Municipal
In response to state and federal initiatives to reduce energy consumption and increase energy production from renewables, Kent County created its Renewable Energy Task Force to study and evaluate the benefits of renewable energy generation at multiple scales, make recommendations about appropriate renewable energy technologies, and propose policy changes and ordinance amendments. In 2011, the Task Force successfully proposed amendments to the County Code, adding both permitted use and special exception provisions for small-scale solar energy sy..
Read More
Town of DeWitt, New York Sustainability Plan & Solar Task Force
Date Added: Thursday, June 7, 2018Energy Efficiency & Conservation, Green Buildings & Energy Efficiency, Local Boards, Solar Energy
New York
Municipal
In 2010, the Town of DeWitt, New York adopted a Sustainability Policy that stated goals and related planning initiatives to increase the Town's environmental sustainability. Following this, the Town adopted a Sustainability Plan in 2014 to provide GHG emission reduction strategies for achieving Sustainability Policy goals and to guide municipal operations. The Sustainability Policy presents a goal to “review and revise Town codes, plans and policies to support energy efficiency, renewable energy systems and green practices.” Its related plann..
Read More
Dobbs Ferry, New York Energy Task Force
Date Added: Thursday, June 7, 2018Energy Efficiency & Conservation, Local Boards, Solar Energy, Zoning
New York
Municipal
The Dobbs Ferry Energy Task Force helps the Village of Dobbs Ferry become more sustainable through energy efficiency and renewable energy initiatives; waste reduction and recycling; increased walking, bicycling, and transit use; and appropriate land use. The Task Force has:
• Obtained NYSERDA and NYPA grants to identify and implement energy efficiency and renewable energy projects and continues to seek funding opportunities for similar measures;
• Published the Village’s 2017 Climate Action Plan aimed at reducing the Village’s greenhouse gas ..
Read More
Town of Grand Island, New York Code § 407-165.1(D)- Solar collectors and installations for minor systems
Date Added: Thursday, June 7, 2018Solar Energy, Zoning
New York
Municipal
The Town of Grand Island, New York allows roof-mounted systems if the distance between the roof and the highest edge of the system is in accordance with the New York State Uniform Fire Prevention and Building Code, and the building-mounted solar collector shall not obstruct solar access to adjacent properties. Ground-mounted solar energy systems shall not exceed the height restrictions of the zones they are located in when oriented at maximum tilt. ..
Read More
Town of North Castle, New York Code § 258-4. Permitting
Date Added: Thursday, June 7, 2018Historic District Preservation, Solar Energy, Zoning
New York
Municipal
Chapter 258 of the Town of North Castle, New York Code is titled Solar Infrastructure Siting. § 258-4(N) allows historic district preservation plans to incorporate solar technologies, if a Certificate of Appropriateness has been issued by the Town’s Landmark Preservation committee...
Read More
Town of New Hartford, New York Code § 118- 74 – Solar Energy Systems
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New York
Municipal
The Town of New Hartford’s solar energy system regulation defines freestanding or ground- mounted solar energy systems as those directly installed in the ground and not attached or affixed to an existing structure. Rooftop mounted or building mounted systems are defined as those with solar panels mounted on top of a roof structure either as a flush-mounted system or modules fixed to frames that can be tilted toward the south at an optimal angle. The regulation defines small-scale solar as solar photovoltaic systems rated up to ten kW per hour o..
Read More
City of Portland, Oregon Code, Title 33.218- Community Design Standards
Date Added: Wednesday, June 6, 2018Historic District Preservation, Solar Energy, Zoning
Oregon
Municipal
Within their Community Design Standards, Portland, Oregon eliminated discretionary review of solar energy systems that adhere to community design standards, thereby making it easier for solar panels to be installed in historic districts...
Read More
City of New Rochelle, New York Code § 331-25 - Solar energy collectors
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New York
Municipal
New Rochelle, New York allows certain small-scale, roof-mounted systems as accessory uses under the City’s general accessory use definition. Solar energy collectors on one- or two- family dwellings, as well as those that cover less than 1,000 square feet of the roof area of other buildings, require only a building permit...
Read More
City of Olean, New York Code of Ordinances Article 10.25 – Solar Energy Production Facilities
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New York
Municipal
Article 10.25 details the requirements for solar systems in the city of Olean, New York. A Solar Energy Production Facility (aka a Solar Farm) is permitted in certain districts under a Special Use Permit.
§ 10.25.5 subsections (1) and (3)(a-d) describe decommissioning and abandonment requirements. All applications for a solar farm shall include a decommissioning plan to ensure that the site will be restored to a useful, nonhazardous condition without delay upon abandonment or cessation of activity. The decommissioning plan shall include, b..
Read More
Town of Geneva, New York Zoning Code § 130-4: Solar collectors and installations for major systems or solar farms
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New York
Municipal
§ 130-4 of the Geneva Zoning Code is called Solar collectors and installations for major systems or solar farms. It highlights the requirements a solar system must follow to be allowed within all zoning districts in Geneva. This section also highlights the provisions of a decommissioning plan for solar sites, which must be included with all applications...
Read More
Delaware Township, New Jersey Ordinance #2011-06LU
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New Jersey
Municipal
The town of Delaware, New Jersey provides specific lot-size requirements based on the type of solar facility. Ground-mounted Minor Solar or PV Energy Facility or Structure must be located on lots of at least one acre gross, while Major Solar or PV Energy Facility or Structure must be located on lots of at least twenty acres gross.
..
Read More
Envision Cortlandt – 2016 Sustainable Comprehensive Plan
Date Added: Wednesday, June 6, 2018Comprehensive Planning, Solar Energy
New York
Municipal
In 2014, the Town of Cortlandt established by resolution a Solar Task Force. This Task Force spent one year exploring the possibility of installing solar energy systems on Town buildings and determining ways that solar energy systems can be adopted by residents. In 2015, the Task Force presented twelve recommendations to the Town Board, all of which were received. By the end of that year, three of the Task Force’s recommendations had already been completed, including adopting the New York State Unified Solar Permit, joining the Sustainable West..
Read More
City of Austin, Texas Resolution No. 20120426-081: Creation of Austin Local Solar Advisory Committee
Date Added: Wednesday, June 6, 2018Local Boards, Solar Energy
Texas
Municipal
Austin adopted Resolution No. 20120426-081, creating the Austin Local Solar Advisory Committee, which included representatives from the solar industry, Chamber of Commerce, the environmental non-profit community, consumer advocate community, the Electric Utility Commission, and the Resource Management Commission. The Advisory Committee produced the Strategic Plan for Local Solar, providing recommendations for new policies, as well as amendments to the city’s zoning regulations, that will optimize Austin’s solar energy resource base...
Read More
Santa Fe County, New Mexico - Resolution No. 2013-49
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New Mexico
Municipal
Santa Fe County, New Mexico adopted Resolution No. 2013-49 to support renewable energy projects on County facilities. Although not a comprehensive policy statement, the resolution’s whereas clauses present the County’s detailed rationale for this support. In particular, they acknowledge the County’s “tremendous solar power potential” and contain a comprehensive list of solar power benefits, including economic, environmental, health, and education benefits...
Read More
Yolo County, California Code § 8-2.1104, .1105
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
California
Municipal
Yolo County’s solar energy regulations allow approval of small solar energy systems for onsite uses through the issuance of a building permit and a zoning clearance, provided the application meets setback and other standards set forth in the solar energy regulation. . If the County’s chief building official believes a small solar energy system could have a specific, adverse impact upon the public health and safety, the official may require the applicant to apply for a use permit. Medium-sized solar energy systems for onsite and/or offsite uses ..
Read More
Pervious Pavement for Off-Street Parking
Date Added: Wednesday, June 6, 2018Stormwater Management, Low Impact Development & Green Infrastructure
Minnesota
Municipal
In 2010, the surfacing ordinance for Minneapolis’ off-street parking was amended to allow pervious pavement to be used as surfacing. The Code of Ordinance also gives strict guidelines to be followed with implementing the pervious pavement as surfacing for parking. (541.300–305). The 2010 amendment to the original ordinance states that the implementation of pervious pavement will further the city’s comprehensive plan by encouraging developments to use best management practices for stormwater management through sustainable design practices...
Read More
Agricultural District
Date Added: Wednesday, June 6, 2018Urban Farming & Community Gardens
New York
Municipal
The town of Ulysses, New York created policy to protect an area of historical and functional use as an agriculture district. The stated purpose of this zone is “to protect the agricultural production resources. . . viable agricultural operations and the agricultural heritage of the town.” This zoning district – called A1 – has been designated as an area whose primary land use is agriculture; the town created limitations on what structures can be erected and what purpose the land can be used for within the district. They also state that any prac..
Read More
Sustainable Development Checklist
Date Added: Monday, June 4, 2018Climate Change Planning
New York
Municipal
Kingston’s Comprehensive Plan provides a sustainable development checklist that is to be used for applicants seeking City funding. Each applicant must fill out the checklist and achieve a minimum score to receive funding. The goal of the checklist procedure is to fund more sustainable projects that reduce energy consumption, CO2 emissions, water consumption, waste generation, and stormwater runoff.
An increase in the number of sustainable projects that create reduced CO2 emissions and waste generation will inherently benefit the public healt..
Read More
Minneapolis Healthy Corner Store Program
Date Added: Monday, June 4, 2018Healthy Communities, Food Deserts
Minnesota
Municipal
The Minneapolis Health Department conducted studies which concluded that impoverished areas, and particularly communities of color, had less access to healthy produce within the City. These communities most often use corner stores for daily food purchases, and these stores rarely have fresh produce for sale. As a result, these communities often have disproportionate health risks.
The Minneapolis Health Department teamed up with corner store owners to improve access to fresh produce and healthier foods. The program’s objectives are to (1) in..
Read More
Carbon Footprint Decrease
Date Added: Monday, June 4, 2018Climate Change Planning
New York
Municipal
Nassau County’s development through the 20th century gave rise to sprawling suburban developments that necessitated the automobile and extensive roadway development. Nassau’s County’s 2010 Master Plan projected expected land use expansion over the next few decades based on current land use trends and population growth to discover an unsustainable trajectory. If this growth is dispersed throughout the county consistent with current land use trends, it is expected that traffic congestion, energy consumption and carbon emissions will continue to g..
Read More
Establishing Land Use Protections for Community Gardens
Date Added: Monday, June 4, 2018Healthy Communities, Food Deserts
New York
Municipal
New York City passed a zoning resolution defining “FRESH” food stores as a store with at least 6,000 sq. ft. of space utilized for selling grocery products intended for home preparation and consumption. At least 50% of the space must be used for non-perishable items, and at least 30% must be used for the sale of perishable goods. At least 500 ft. of the perishable food section must be dedicated to fresh produce. The city has offered to modify density and parking requirements to encourage establishment of “FRESH” food stores.
Dedicating these..
Read More
Recreation Complexes for Families
Date Added: Monday, June 4, 2018Healthy Communities, Parks & Recreation
Wisconsin
Municipal
The Oneida Nation in Wisconsin created a Comprehensive Plan which outlines reservation-wide objectives to be met between 2005 and 2025. The “Parks and Recreation” chapter outlines three goals: provide the people of the Oneida Nation with a state of the art family fitness, adventure and recreation complex in Oneida; develop an interconnected reservation-wide trail system; and develop a “central Park” in central Oneida where families can come together to participate in healthy activities.
In building a recreation complex within Oneida, the com..
Read More
Philadelphia Food Trust
Date Added: Monday, June 4, 2018Healthy Communities, Food Deserts
Pennsylvania
Municipal
In 2010, Philadelphia received $25 million from the Department of Health and Human Services to combat obesity and lower tobacco consumption through a variety of policy, systems, and environmental interventions. In response to studies which showed that Philadelphia’s population had significantly higher health risks than the rest of the country, as well as a low availability of healthy food options, money from this grant was directed into improved food programs. This funding included the creation of The Food Trust, a healthy corner store initiati..
Read More
Park Development in Industrial Zones
Date Added: Monday, June 4, 2018Healthy Communities, Parks & Recreation, Equity
Oregon
Municipal
Part of Portland’s economic development goals include ensuring that parks, trails, natural areas, and a healthy environment continue to protect the city’s quality of life and attract businesses and the workforce alike. Accordingly, Portland set forth a policy of allowing park development within industrial zones to guarantee adequate park service within one-half mile of every resident.
This policy will make green infrastructure conveniently accessible to all residents of Portland. Additionally, the added green spaces will aid the city in the ..
Read More
Parks Planning
Date Added: Monday, June 4, 2018Healthy Communities, Parks & Recreation, Equity
Washington
Municipal
Ridgefield, Washington’s original Comprehensive Plan evaluated a need for improved park and recreation access, particularly in underserved neighborhoods. In 2014, the city took a substantial step toward park acquisition and development by publishing the Parks and Recreation Comprehensive Plan. This document sets out a 6-year plan for providing community-driven parks, trails, open spaces and recreational opportunities. The plan includes an evaluative process for current park systems, criteria for where new parks should be created, and way to upd..
Read More
City of Villages
Date Added: Monday, June 4, 2018Transportation Efficient Development, Healthy Communities, Climate Change Planning
California
Municipal
San Diego’s Land Use and Community Planning Element includes a series of goals which effectuate the amelioration of climate change through the mitigation of greenhouse emissions. One of these efforts is creating a “City of Villages,” which is the goal to develop mixed-use activity centers within villages. This concentration of activity offers better access to pedestrian-friendly travel options, including walking, biking, and public transit. This will enable large numbers of people to make fewer and shorter auto trips, a large component of San D..
Read More
Energy Efficient Technology and Renewable Energy
Date Added: Monday, June 4, 2018Smart Growth, Climate Change Planning
California
Municipal
San Jose, California has made it a priority to combat climate change through energy efficient technology and renewable energy use. In their General Plan, Envision 2040, they enumerate a series of actions and goals to achieve this end.
They plan to measure and report annually the shares of the City’s total Carbon Footprint
resulting from energy use in the built environment, transportation, and waste
management. By partnering with public, private, and non-profit agencies, they plan to develop policies that require existing residents and bu..
Read More
Energize NY
Date Added: Monday, June 4, 2018Energy Efficiency & Conservation, Climate Change Planning
New York
Municipal
It is the policy of both the Town of Yorktown and the State of New York to achieve better energy efficiency and renewable energy goals to reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. Yorktown has partnered with the Energy Improvement Corporation, a local development corporation, to make funds available to qualified property owners who meet the energy efficiency qualifications.
Potentially qualified residents can apply for funding through the EIC, who run energy audits to t..
Read More
Building Height Limits
Date Added: Monday, June 4, 2018Traffic Calming & Safety
New York
Municipal
Washington’s zoning code provides height limitations for structures placed at or near street intersections. The code states that no new structure can be over thirty inches in height above the grade of the street. The restrictions create intersections that are more convenient and safe for the town residents, free from potentially dangerous obstructions in order to minimize traffic accidents and fatalities...
Read More
Recreation Marketing
Date Added: Monday, June 4, 2018Healthy Communities, Parks & Recreation, Equity
New York
Municipal
Chenango County has set goals relating to the health of their community as well as increasing the use of their outdoor recreation facilities. To ensure the health of all their residents, the county will assess the health needs of all residents. The data collected from the assessment will be used to support existing programs and identify gaps in service that can be filled.
The county also plans to heavily market their outdoor recreation opportunities to encourage the use by all residents with a specific focus on targeting the youth group. Hop..
Read More
Zoning Prohibiting Fast-Food Establishments
Date Added: Monday, June 4, 2018Healthy Communities, Low Nutrition Uses
New York
Municipal
This zoning code removes fast-food establishments from the community and improves the public health through reducing consumption of unhealthy foods. Section 4.7.1 of Concord’s zoning code expressly states: “Drive-in or fast food restaurants are expressly prohibited. A drive-in or fast food restaurant is defined as any establishment whose principal business is the sale of foods or beverages in a ready-to-consume state, for consumption within the building or off-premises, and whose principal method of operation includes: (1) sale of foods and bev..
Read More
Buffalo Bicycle Riverwalk
Date Added: Monday, June 4, 2018Healthy Communities, Bicycle Infrastructure
New York
Municipal
Chapter 91, Article I of Buffalo, New York’s Charter and Ordinances addresses the activities allowed on the Riverwalk path. Riverwalk is a paved, double-lane pedestrian bicycle trail that travels 13.2 miles north from downtown Buffalo to Tonawanda, New York. The legislation states: “No person shall operate or drive any vehicle which is propelled by any power other than muscular power on that property in the City known as the "Riverwalk."..
Read More
Multi-Family Dwelling District
Date Added: Sunday, June 3, 2018Transportation Efficient Development, Healthy Communities
New York
Municipal
The City of Beacon plans to create a new community center for youth and seniors in or next to the central business district. The City encourages the police department to be involved in the planning and implementation of some of the youth planning through community policing. The goal is to create new opportunities for community development and for the youth and seniors to partake in activities to lead active and healthy lifestyles. The program also helps form a positive image of police officers in the community, which helps create stronger relat..
Read More
Promoting Enhanced Bicycle Infrastructure
Date Added: Thursday, April 26, 2018Healthy Communities, Bicycle Infrastructure
Michigan
Municipal
Grand Rapids, Michigan has created legislation to improve existing bike paths and install new bike paths that accommodate recreational trips as well as trips to work, shopping and school. The goal of this legislation is to meet the City’s plan to make 10% of all regional travel made on bicycle. Limiting dependency on cars has manifold benefits: serves those without the capacity to drive (senior and minors); reduces congestion and time spent commuting; reduced land consumption through roadways and parking; tax re-allocation from roadways; improv..
Read More
Environmental Conservation Commission
Date Added: Thursday, April 26, 2018Open Space Preservation
New York
Municipal
The village of Ardsley, New York adopted an Environmental Conservation Commission to help preserve and improve the quality of the natural and man-made environments within the community. The commission advises the Village Board of Trustees on features and conditions of the village insofar as beauty, quality, biologic integrity and other environmental factors are concerned and, in the case of man's activities and developments with regard to any major threats posed to environmental quality, so as to enhance the long-range value of the environment ..
Read More
Development and Design Standards
Date Added: Thursday, April 26, 2018Open Space Preservation
Alaska
Municipal
In chapter 21.07 of the Code of Ordinances of Anchorage, Alaska, the city outlines an updated standard of city planning based on the relationship between urban development and the natural environment. The purpose of the chapter is to encourage a prudent use of the local land by promoting a balance between the built environment and the preservation of open space and natural resources. This can be simplified into two primary objectives.
First, their public planning integrates usable open space and natural attractions in order to tailor the cit..
Read More
Promoting Public Transportation
Date Added: Thursday, April 26, 2018Smart Growth
New York
Municipal
As part of their plan to overhaul their transportation network, Buffalo plans to use mixed-use corridor development and other land use policies that complement and promote the use of public transit options, reducing dependency on individual automobiles and parking. This plan works well with their established public transit options which they can build and improve upon to complement the mixed-use development in a symbiotic fashion. One of their biggest projects in their 2030 plans is implementation of high quality public transit between downtown..
Read More
Infrastructure Upgrades and Multi-Modal Transportation
Date Added: Thursday, April 26, 2018Transportation Demand Management, Complete Streets
New York
Municipal
A particular element of Buffalo, New York’s Comprehensive Plan 2030 is to redesign and repurpose their transportation network. Their goal is to promote transportation policies and projects that will help create an economically and environmentally healthy region, reverse current negative economic, land use, social and demographic trends, foster growth in areas with existing infrastructure, and promote equitable services for all residents.
In the first four years of the program, there are over 40 projects aimed at upgrading existing infrastru..
Read More
Transforming Vacant Properties
Date Added: Thursday, April 26, 2018Open Space Preservation, Healthy Communities
Maryland
Municipal
Baltimore has a vacant property reclamation project termed “Project 5000.” The purpose of the project is to purchase vacant properties in “competitive, emerging, and stable” neighborhoods, but the most recent Master Plan calls for an extension of this project to “transitional and distressed” areas. Further, the plan calls for offering interest groups the chance to convert or purchase the vacant lots for conversion into community gardens, among other uses.
In combination with Project 5000, the Master Plan calls for support of a Community Gard..
Read More
Recreation Marketing
Date Added: Thursday, April 26, 2018Healthy Communities, Complete Streets, Bicycle Infrastructure
Maryland
Municipal
The city of Baltimore has implemented a Bicycle Master Plan. The plan sets out the vision of making significant improvements in providing access to safe and user-friendly bicycling facilities over the course of 15 years. From 2005-2015, with dedicated funding, more than 100 miles of bicycle facilities have been installed in the city already. There is a full-time Bike Planner on staff at Baltimore’s Department of Transportation; but improvements are still necessary.
The Bicycle Master Plan proposes to increase bicycle infrastructure and bette..
Read More
Soil Contamination Strategies
Date Added: Thursday, April 26, 2018Brownfields
New York
Municipal
Syracuse, New York created a Comprehensive Plan with a singular focus on sustainability. One of the objectives within their efforts to increase sustainability is the remediation of brownfields. The remediation of brownfields can improve environmental conditions, public health, and the local economy.
Syracuse has partnered with several government agencies, including the New York DEC and the U.S. E.P.A, to design brownfield remediation plans. These plans work to evaluate, inventory, and plan for the redevelopment of brownfield areas. Syracus..
Read More
Establishing Urban Farming and Community Gardens
Date Added: Thursday, April 26, 2018Healthy Communities, Urban Farming & Community Gardens
Washington
Municipal
Broadview, Bitter Lake, and Haller Lake (BBH) is a collaboration of neighborhoods in the city of Seattle who help to provide vision and planning procedures for community growth. One of these visions is greater access to local and healthy foods. Healthy food access has been shown to increase the health of the population, stimulate the local economy, and provide a better sense of community. In 2012, the BBH Neighborhood Plan Update included a short article on community-member interest in local and healthy food access. With the use of community re..
Read More
Enhanced Public Rights of Way and Pedestrian-Oriented Features
Date Added: Thursday, April 26, 2018Healthy Communities, Complete Streets
California
Municipal
The Mobility Element section of San Diego’s Comprehensive Plan makes facilitating walking and biking as viable forms of transportation a priority for the city. The plan calls for the creation of mixed-use neighborhoods connected by public transportation; building residences closer to parks, schools, shopping, employment and transit; and a safe and accessible walking environment created by designing streets to increase pedestrian safety.
To accomplish this, San Diego plans to—among other things—enhance public rights of way, design site plans ..
Read More
Traffic Safety Policy
Date Added: Thursday, April 26, 2018Traffic Calming & Safety
California
Municipal
The goal of San Diego, California’s “Mobility Element” plan is to develop a multi-modal transportation network that gets citizens where they want to go while minimizing environmental and neighborhood impacts. Among the goals of this policy, San Diego aimed to increase general traffic safety of pedestrians.
The city collaborated with community groups and interested private and public parties to design and implement safe pedestrian routes to schools, transit centers, and other highly frequented destinations. After locating these priority areas..
Read More
Transportation and Street Design
Date Added: Thursday, April 26, 2018Healthy Communities, Traffic Calming & Safety
Texas
Municipal
Section 35-506(t) of San Antonio’s Unified Development Code states that the City has identified long, wide streets encourage speeding. The code requires that the length of blocks comply with section 35-15(b)(3); however, blocks can be lengthened if traffic calming features are implemented.
Approved traffic calming features include roundabouts, median islands, and “T” intersections.
The shorter block and increase in traffic calming features will cause residents to feel safer using alternative methods of transportation such as biking or wa..
Read More
Increasing Available Housing through Infill Development
Date Added: Thursday, April 26, 2018Affordable Housing , Brownfields
California
Municipal
Sacramento’s 2035 General Plan sets a goal of ensuring that the production of housing will meet future needs. To meet this goal the General Plan establishes policies that require the promotion of quality infill development specifically focused on the creation of affordable units. The City plans to offset the costs of developing affordable housing through deferred fees and financial incentives including water development fee waivers and sewer credits.
Not only will this help to eliminate brown zones in the city, but the increase in affordable..
Read More
City-Wide Design Guidelines and Standards
Date Added: Thursday, April 26, 2018Healthy Communities, Traffic Calming & Safety
New York
Municipal
Section 120-157(E) of Rochester’s Zoning Code encourages structures and public spaces to be pedestrian-oriented and promote safe pedestrian movement, access and circulation. Additionally, if a service alley is available, garages and loading areas should only be accessed via the alley.
This ordinance increases pedestrian safety and encourages people to walk as a primary form of transportation which will help to reduce greenhouse gas emissions.
..
Read More
Traffic Signals and Narrower Lanes to Improve Safety
Date Added: Thursday, April 26, 2018Traffic Calming & Safety
New York
Municipal
Ossining, New York’s Comprehensive Plan includes traffic-calming measures to be implemented throughout the village, though particularly on Route 9. Route 9 is the primary north-south arterial reaching through Ossining and onto major highways in New York. Route 9’s increasingly congested condition has resulted in residential road use throughout the village. These residential roads are narrow, steep, and winding, and often dangerous during inclement weather. Ossining’s goal is to improve pedestrian safety and comfort, and to change the behavior o..
Read More
Promoting Bicycling through Improved Infrastructure
Date Added: Thursday, April 26, 2018Healthy Communities, Bicycle Infrastructure
Nebraska
Municipal
Omaha, Nevada’s Master Plan includes a Transportation Element which outlines a future bicycle network through Omaha. The purpose of the network is to provide a bicycle facility (bike-oriented path) to all mixed-use centers in Omaha. The facilities were chosen based on traffic volume of the proposed route, distance between centers, and topography of the area. These facilities allow for safe passage and recreational activity.
Bicycle facilities have three classifications: trails, paths, and routes. Bicycle trails give people a facility exclus..
Read More
Reduce Dependency on Automobiles by Promoting Walking and Bicycling
Date Added: Thursday, April 26, 2018Pedestrian Oriented Design (POD), Healthy Communities, Bicycle Infrastructure
New York
Municipal
Niagara County, New York’s Public Health and Safety Chapter of their Comprehensive Plan outlines their goal to create safe, healthy, and walkable communities. They recognize health and safety of communities as one of the most important but overlooked aspects of a high quality of life. It stimulates the local economy and increases the variance and character of a community.
One objective to accomplish this goal is to reduce the community’s dependency on automotive transportation by increasing the network of pedestrian and bicycle trails. To op..
Read More
Programs for Brownfield Remediation
Date Added: Thursday, April 26, 2018Brownfields
New York
Municipal
The City of Newburgh, New York hosts a range of brownfield sites due to its industrial legacy. Newburgh currently has identified eight municipally owned brownfields, and there is potential for others existing on both private and public lands throughout the city. The perceived or actual risks of remediation can have far-reaching and negative side effects; brownfields have been shown to deter future growth, increase urban sprawl, lower the economic value of surrounding communities, and pose a threat to the health of local communities. Fortunately..
Read More
Replacing Paving with Trees
Date Added: Thursday, April 26, 2018Low Impact Development & Green Infrastructure
New York
Municipal
Nassau County suggests planting medium height plants and trees on paved medians. Nassau goes further by promoting the use of double curbs to improve the aesthetics and allow rain to percolate into the ground, reducing runoff and improving water quality. These low impact development and green infrastructure policies will reduce sotrmwater runoff and improve water quality...
Read More
Double Curbs for Complete Streets
Date Added: Thursday, April 26, 2018Complete Streets
New York
Municipal
Included in Nassau’s 2010 Master Plan is an initiative to improve the aesthetic and environmental performance of their downtown area through the repurposing of medians. Landscaping medians along arterial roadways and in use as parking lot buffers can improve the physical appearance and the environmental performance of a city.
Trees in parking areas can provide shade and reduce heat generated by large areas of asphalt. This is a simple measure to combat the larger issues of heat island effect and climate change mitigation. Planting areas also..
Read More
Multi-modal Transportation Support
Date Added: Thursday, April 26, 2018Healthy Communities, Transportation Demand Management
Florida
Municipal
Nassau County’s Comprehensive Plan calls for all development proposals to be reviewed for compliance with goal to promote multi-modal transportation that is safe and efficient, meeting minimum acceptable levels of service for all roadway segments. Chief among reviewing criteria is the project’s contribution to public health. The County will be using the most recent version of the FDOT Quality/Level of Service Handbook definitions to determine levels of service for roadways. Additionally, to promote walking and biking, the County will incorporat..
Read More
Resource Protection and Open Space
Date Added: Thursday, April 26, 2018Healthy Communities, Low Impact Development & Green Infrastructure
New York
Municipal
Marlborough is increasingly concerned about the quality of their water (most of the drinking water is supplied by private wells). To combat this, their comprehensive plan suggests maintaining and increasing the amount of vegetation adjacent to streams, revising regulations when necessary to allow the planning board to require information regarding water quality of proposed on-site wells, and better locating septic tanks to avoid as much concentration of nitrate in the drinking water as possible.
These policies will help to maintain the quali..
Read More
Complete Streets Policy
Date Added: Thursday, April 26, 2018Healthy Communities, Complete Streets
Tennessee
Municipal
Section 23-19 of Knoxville’s Zoning Code is dedicated to their complete streets policy. This section dictates that the city adopt a complete streets policy, and plan for, design, construct, maintain, and operate all streets to reflect complete streets principles to accommodate all users and modes. The section also allows for updates to be made as needed.
The demand that the city maintain its streets to reflect complete streets policies will increase the likelihood of citizens utilizing alternative modes of transportation to vehicles. The red..
Read More
Promoting Farmers Markets
Date Added: Thursday, April 26, 2018Healthy Communities, Farmers Markets
New York
Municipal
Kinderhook specifically permits farmer’s markets (farm markets) in two thirds of its zoning districts, promoting both farm operations and tourism. They define farm markets as permanent structures that primarily sell agricultural products and related goods to the general public. Additionally, the farm markets can either sell pre-harvested goods, or allow customers to pick their own products. The town also permits seasonal farm stands in four of its zoning districts with fewer requirements...
Read More
Policies Encouraging Farmers Markets
Date Added: Thursday, April 26, 2018Healthy Communities, Farmers Markets
New York
Municipal
Ithaca, New York a diverse and flourishing local food community with a deep and enduring interest in organic foods, sustainable local agriculture, cooperative food markets, community gardens, agricultural education, and a more equitable local food system. Despite this solid foundation, Ithaca has noticed that there is more work to be done. Primarily, this food needs to be made accessible and affordable to all members of the population.
Ithaca’s Comprehensive Plan established a goal to locally integrate the production, processing, and distrib..
Read More
Fence Regulations to Help Decrease Crime
Date Added: Thursday, April 12, 2018Crime Prevention Through Environmental Design
Ohio
Municipal
Cleveland’s zoning code requires that fences in side street yards not exceed 4 feet in height, and also requires that they be at least 50% open. These limitations create better line of sight to main causeways and help to reduce crime due to more eyes being on the street...
Read More
Bicycle Parking Regulation to Promote Biking
Date Added: Thursday, April 12, 2018Healthy Communities, Bicycle Infrastructure
Massachusetts
Municipal
Article 6.100 of Cambridge, Massachusetts’s Zoning Ordinance was designed to expand bicycle parking requirements to promote bicycle use within the city. Bicycle transportation provides economic, environmental, and human health benefits by promoting a smaller carbon footprint, a more diverse consumer market, cardiovascular exercise, and reduced street congestion.
Article 6 of the Zoning Ordinance includes a table of metrics which designates the number of bicycle parking spaces that must be available in correlation with the type of structure (..
Read More
Planning for Active Transportation - Bicycles and Pedestrians
Date Added: Thursday, April 12, 2018Healthy Communities, Transportation Demand Management, Complete Streets
New York
Municipal
A particular element of Buffalo, New York’s Comprehensive Plan 2030 is to redesign and repurpose their transportation network. Their goal is to promote transportation policies and projects that will help create an economically and environmentally healthy region, reverse current negative economic, land use, social and demographic trends, foster growth in areas with existing infrastructure, and promote equitable services for all residents.
In the first four years of the program, there are over 40 projects aimed at upgrading existing infrastru..
Read More
Avoiding Accumulation of Standing Water and Mosquitoes
Date Added: Thursday, April 12, 2018Healthy Communities, Infectious Disease Control
Florida
Municipal
To avoid accumulation of standing water, Brevard County is planning for public facilities to be located outside of floodplains or wetlands. One of the goals of this policy is to avoid water damage of those facilities due to flooding, but the policy was also implemented to control the mosquito population in public facilities. Avoiding the accumulation of both standing water and mosquitoes in public facilities will help to reduce the spread of infectious diseases within the County...
Read More
Babylon, NY Flood Damage Protection
Date Added: Thursday, April 12, 2018Healthy Communities, Disaster Mitigation
New York
Municipal
The purpose of the Flood Damage Protection legislation is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions.
The City of Babylon created a floodplain development permit which requires all construction in areas designed by the city as “special flood hazards.” Applications for these permits require certificates from a licensed professional engineer or architect showing that they meet the floodproofing requirements established in the legislation. The local administrator..
Read More
Alachua County’s Access to Healthful, Affordable, and Nutritious Food Initiatives
Date Added: Thursday, April 12, 2018Healthy Communities, Urban Farming & Community Gardens
Florida
Municipal
Alachua’s Comprehensive Plan promotes equal access to healthful, affordable, and nutritious food through a community garden and agriculture programs offered by the USDA Farm to School Programs. Programs promoting gardening, healthy food access, and nutrition improvement are targeted at low-income households and populations at high-risk for health disparity. The County is simultaneously discouraging sale of less healthy foods in government facilities.
Additionally, the County plans to partner with local organizations and develop standards to ..
Read More
Model Ordinance for Solar Photovoltaic Systems
Date Added: Thursday, March 29, 2018Solar Energy, Zoning
New York
Municipal
In order to ensure that solar resources are developed in a way that protects the environment and preserves community character, the Central New York Regional Planning and Development Board (RPDB) created a model zoning ordinance as part of it’s work to help get Central New York “Solar Ready.” The model zoning ordinance was developed to assist local governments to address land use concerns and to provide clear guidance and direction to developers and property owners for the appropriate development of solar energy systems...
Read More
Village of Mastic Beach Solar Energy Systems Regulations § 415-2; Solar Zoning; Architectural Review
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
The Village of Mastic Beach's Code § 415-2 regulates accessory solar energy systems and exempts systems that meet the regulation’s standards from architectural review board approval. These regulations include the requirements that (1) roof-mounted solar systems do not extend beyond the exterior perimeter of the building where the system is located and (2) ground-mounted solar energy systems not extend into the required rear yard accessory setback when oriented at minimum design tilt. Additionally, system design must make best efforts to blend i..
Read More
City of Milton Historic Preservation & Solar Apparatus Regulations § 34-162.3; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Wisconsin
Municipal
Milton’s regulations for historic preservation districts include solar apparatus criteria for the historic preservation commission’s (“HPC”) review of alterations in historic districts. The review criteria allow passive and active solar apparatus that do not detract from a building’s architectural integrity and are as unobtrusive as possible. Solar devices may not hide significant architectural features from street view, result in the loss of these features, or become a major feature of the design because they are large in scale. City of Milton..
Read More
North Carolina’s Template Solar Energy Development Ordinance; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
North Carolina
State
The Template Solar Energy Development Ordinance for North Carolina defines solar energy systems (“SES”), in part, based on their physical size measured in acres. According to the state’s model ordinance, Level 1 SESs include those that are ground-mounted on an area of up to 50 percent of the footprint of the primary structure on the parcel but no more than 1 acre. Level 2 SESs are ground-mounted systems with a footprint of less than or equal to a half acre in residential districts, less than or equal to 10 acres in general commercial business a..
Read More
Town of Ossining Code § 183-11(B)(2)(d) Tree Protection & Solar Access; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
The Town of Ossining’s tree protection ordinance authorizes approval authorities to grant a tree removal permit if removal will have a positive effect upon (among other things) solar access for the property owner and nearby properties. Town of Ossining, NY, Code § 183-11(B)(2)(d). ..
Read More
Village of Schaumberg Code § 154.62(C) Solar Access Protection; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Illinois
Municipal
The Village of Schaumberg’s Solar Access Protection law authorizes the creation and recording of solar skyspace easements across contiguous or nearby lots, tracts, or land to protect an existing or intended solar collector’s exposure to the sun from obstruction of buildings and trees. Further, the law requires building permit applicants for structures that will increase the consumption of airspace to certify in writing that no solar skyspace easement exists over the lot. If the Village determines that proposed construction will intrude upon an ..
Read More
Town of Somers Code § 144-8(C)(4) Standards for Site Plan Approval; Solar Access
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
In the Town of Somers, New York, the planning board must consider solar access, including orientation of proposed buildings to sun angles; shading and windscreen potential of vegetation; and relationship to solar access for adjacent uses and properties when reviewing site plans. Town of Somers, NY, Code § 144-8(C)(4). ..
Read More
Town of Oro Valley Zoning Code § 27.1(A) Solar Protection Regulations; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Arizona
Municipal
The Town of Oro Valley’s zoning code includes solar protection provisions that forbid the construction of any structure that would shade an adjacent building when the sun is more than 45 degrees above the horizon unless the applicant obtains written permission from the owner of the potentially shaded property. See Town of Oro Valley, AZ, Zoning Code § 27.1(A)...
Read More
Town of Tonawanda Code § 215-180(C)(9) Large Scale Solar Applications; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
The Town of Tonawanda authorizes applicants for large-scale or utility-scale solar energy systems to negotiate with adjacent property owners for any necessary solar skyspace easements and requires the applicant to include documentation of any solar skyspace easement that is properly recorded. The Town lists the elements that must, at a minimum, be included in the easement when an applicant or property owner negotiates a solar easement. Town of Tonawanda, NY, Code § 215-180(C)(9)...
Read More
State of Virginia’s Model Ordinances for Solar Energy Projects (Large, Small, Tax Exemptions); Solar Zoning
Date Added: Sunday, January 7, 2018Virginia
State
The Local Government Outreach Group (LOG), convened by the Virginia Department of Environmental Quality, developed two model zoning ordinances: the first for smaller-scale solar energy projects and the second for larger-scale projects. These ordinances define both smaller- and larger-scale projects as (1) those that generate electricity from sunlight using one or more photovoltaic systems and other appurtenant structures and facilities onsite, OR (2) those that utilize sunlight as an energy source to heat or cool buildings or water or produce e..
Read More
State of Virginia’s Model Ordinances for Solar Energy Projects (Large, Small, Tax Exemptions); Solar Zoning
Date Added: Sunday, January 7, 2018Virginia
State
The Local Government Outreach Group (LOG), convened by the Virginia Department of Environmental Quality, developed two model zoning ordinances: the first for smaller-scale solar energy projects and the second for larger-scale projects. These ordinances define both smaller- and larger-scale projects as (1) those that generate electricity from sunlight using one or more photovoltaic systems and other appurtenant structures and facilities onsite, OR (2) those that utilize sunlight as an energy source to heat or cool buildings or water or produce e..
Read More
State of Virginia’s Model Ordinances for Solar Energy Projects (Large, Small, Tax Exemptions); Solar Zoning
Date Added: Sunday, January 7, 2018Virginia
State
The Local Government Outreach Group (LOG), convened by the Virginia Department of Environmental Quality, developed two model zoning ordinances: the first for smaller-scale solar energy projects and the second for larger-scale projects. These ordinances define both smaller- and larger-scale projects as (1) those that generate electricity from sunlight using one or more photovoltaic systems and other appurtenant structures and facilities onsite, OR (2) those that utilize sunlight as an energy source to heat or cool buildings or water or produce e..
Read More
State of Virginia’s Model Ordinances for Solar Energy Projects (Large, Small, Tax Exemptions); Solar Zoning
Date Added: Sunday, January 7, 2018Virginia
State
The Local Government Outreach Group (LOG), convened by the Virginia Department of Environmental Quality, developed two model zoning ordinances: the first for smaller-scale solar energy projects and the second for larger-scale projects. These ordinances define both smaller- and larger-scale projects as (1) those that generate electricity from sunlight using one or more photovoltaic systems and other appurtenant structures and facilities onsite, OR (2) those that utilize sunlight as an energy source to heat or cool buildings or water or produce e..
Read More
Village of Westfield Zoning Code § 155-57 Solar Systems; Solar Zoning; Solar Access
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
The Village of Westfield’s supplemental zoning regulations regulates the use of active and passive solar energy systems. Westfield’s solar regulation requires special permits to authorize the placement of a solar electric system on an owner’s property. After a system’s owner obtains this permit, adjoining property owners must obtain a special permit prior to placing buildings, towers, vegetation, or other possible obstructions of the permitted system’s solar access. The regulation specifies that placement of potential obstructions “shall be suc..
Read More
City of White Plains Zoning Code § 4.4.21.2-4; Solar Access; Solar Energy Systems; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
The City of White Plains’ zoning ordinance includes solar access provisions that require all approving agencies to consider access to sunlight for present and potential solar electric systems, both on- and off-site, as well as structure siting, orientation and landscaping when reviewing any application. Further, the provisions prohibit new construction on any lot that would block access to sunlight between the hours of 9:00 AM and 3:00 PM for approved solar electric systems except by permission from the board of appeals if the applicant shows t..
Read More
City of Kellogg Zoning Regulations § 220-56 – Solar Energy Systems; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Minnesota
Municipal
Under the City of Kellogg, Minnesota’s zoning code, solar energy systems (SES) and solar and earthsheltered structures are permitted uses, provided certain requirements are met, that may be exempt from certain restrictions by variance. The provisions also forbid vegetation or structures in residential districts if they cast a shadow on an existing SES greater than a determined standard. That standard does not apply to vegetation and structures existing at the time of SES installation. Violation constitutes a private nuisance that gives rise to..
Read More
City of Issaquah Landscape & Tree Preservation Regulations - Solar Access; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Washington
Municipal
The City of Issaquah’s tree preservation provisions authorizes the approval authority to grant a tree removal permit if removal will provide solar access to buildings incorporating active solar devices, including windows that face south and contain special storage elements to distribute heat energy. City of Issaquah, WA Landscape & Tree Preservation Regulations §§ 18.12.1380(B)(3)(a)(2), 18.12.1385(B)(5), 18.12.141(B)(3). ..
Read More
Town of Gorham Land Use and Development Code § 1A-4[A][4]- Solar Access; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Maine
Municipal
The Town of Gorham’s density bonus provisions provide a maximum density bonus of 25% over the allowable base density for residential and nonresidential uses in planned unit developments (PUD) in exchange for public amenities, including solar access and energy efficient design, layout, and construction. To qualify for a bonus of 5 percent above the allowable base density, a PUD may provide solar access to 40 percent of the dwelling units and ensure through appropriate deed restrictions that dwelling units will utilize solar energy systems for wa..
Read More
City of Fort Collins Code § 3.2.3(E)(1) - Solar Access Regulations; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Colorado
Municipal
The City of Fort Collins, Colorado adopted solar access, orientation, and shading provisions in its site plan regulations. These provisions require an applicant to locate and design all physical elements in the development plan so that they accommodate active and/or passive solar installations to the extent reasonably feasible. Subsection [C] requires at least 65 percent of lots less than 15,000 square feet in area in single- and two-family residential developments to conform to the regulatory definition of “solar-oriented lot” to preserve the ..
Read More
Town of Farmington, C.T., Code § 111-26 Historic District-Solar Regulations; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
Connecticut
Municipal
The Town of Farmington, Connecticut’s historic district regulations state that its Historic District and Properties Commission will not deny a certificate of appropriateness for an exterior architectural feature, such as a solar energy system designed for the utilization of renewable resources, unless the Commission finds that the feature cannot be installed without substantially impairing the historic character and appearance of the district. The certificate of appropriateness for a solar energy system may require design modifications and loca..
Read More
Delaware Valley Regional Planning Commission Renewable Energy Ordinance Frameworks; Solar Zoning
Date Added: Saturday, January 6, 2018State: Not Applicable
Regional Planning Entity
The Delaware Valley Regional Planning Commission’s (DVRPC) Renewable Energy Ordinance Frameworks serve as a resource for municipalities as they develop and update ordinances to govern the siting of small-scale renewable energy systems in their community. The frameworks provide clear, consistent guidance on how to construct renewable energy ordinances and promote safe and sound community development. These frameworks provide a menu of sample ordinance language options, both permissive and restrictive, to allow municipalities to build a customize..
Read More
Village of Croton-on-Hudson Unified Solar Application; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
New York
Municipal
The Village of Croton-on-Hudson adopted the NY-Sun Unified Solar Permit (USP), a combined building and electrical permit for certain solar energy systems developed by the New York State Energy Research and Development Authority (NYSERDA), the New York Power Authority (NYPA), and the City University of New York’s Sustainable CUNY. The USP expedites the permitting process for “small-scale solar electric systems,” that have a rated capacity of 12 kW or less and that are installed on a permitted roof structure of a building, or on a legal accessory..
Read More
City of Chula Vista Municipal Code §§ 15.24.065, 15.28.015 - PV PreWiring & Solar H2O Heater PrePlumbing Reqs; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
California
Municipal
The City of Chula Vista’s electrical code includes photovoltaic (PV) pre-wiring requirements that mandate all new residential units to include an electrical conduit specifically designed to allow the later installation of a PV system that utilizes solar energy as a means to provide electricity. Similarly, Chula Vista’s plumbing code requires all new residential units to include plumbing specifically designed to allow the later installation of a solar water heater that utilizes solar energy as the primary means of heating domestic potable water...
Read More
City of Chicago Rooftop Solar PV System Application Process; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
Illinois
Municipal
The City of Chicago has made installation of both small rooftop solar PV systems (<13.44kw) and large rooftop solar PV systems (those generating greater than 13.44kw) easier than ever before by easing restrictions and streamlining processes, saving time and design costs. Applicants for small rooftop systems can now access the City’s Easy Permit Process (EPP) where qualifying projects can receive same-day permit approvals at reduced fees. For projects that meet the Easy Permit Process (EPP) requirements, the permitting process was cut down from ..
Read More
Township of Casco Zoning Ordinance §§ 13.26-13.28; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
Michigan
Municipal
Casco Township passed Ordinance #30-83 to add provisions addressing small, medium, and large solar energy systems in its zoning ordinance. The ordinance defines small solar energy systems as single residential or small business-scale solar energy conversion systems consisting of roof panels, ground-mounted solar arrays, or other solar energy fixtures, and associated control or conversion electronics, occupying no more than one-half acre of land and that produce utility power primarily to onsite users or customers. Medium solar energy systems ar..
Read More
City of Boulder Code § 9-9-17 Solar Access Regulations; Solar Zoning
Date Added: Monday, December 18, 2017Solar Energy, Zoning
Colorado
Municipal
The City of Boulder, Colorado’s solar access regulation divides the city into three solar access areas to provide maximum solar access protection for each area, consistent with planned densities, topography, and lot configurations and orientations. The regulation then establishes solar fences in two of these solar access areas. Each solar fence completely encloses a lot in question, and its foundation is contiguous with lot lines. Further, solar fences are vertical, opaque, and lack any thickness. The regulation then forbids the construction of..
Read More
Township of Bethlehem Land Use Regulations § 102-37.3; Solar Energy Facilities; Solar Zoning
Date Added: Monday, December 18, 2017Solar Energy, Zoning
New Jersey
Municipal
The Township of Bethlehem’s solar energy facilities regulation requires minor site plan approval for ground-mounted solar energy facilities between 2,000 square feet and 10 acres in size while requiring preliminary and final site plan approval for systems greater than 10 acres in size. The planning board or an appointed site plan subcommittee may waive the minor site plan approval requirement if the proposed facility is reasonable and adheres to the solar regulation’s general purpose and intent. In addition to Bethlehem’s standard site plan req..
Read More
City of Big Flats Subdivision and Development Regulations § 17.36.140; Solar Zoning
Date Added: Monday, December 18, 2017Solar Energy, Zoning
New York
Municipal
In section 17.36.140 of its Zoning Ordinance, the Town of Big Flats adopted a solar access regulation that requires applicants for new residential development including either ten or more acre of site development area and/or more than 50 dwelling units to submit a solar access plan with the site plan. The solar access plan must: (1) protect solar access between the solar azimuths of -45 degrees east of due south and +45 degrees west of due south; (2) for solar access roads, design lots and building setbacks so that buildings are oriented with t..
Read More
Town of Babylon Building Regulations §§ 89-91 to 89-95; Solar Zoning; Solar Panel Permit Application
Date Added: Monday, December 18, 2017Solar Energy, Zoning
New York
Municipal
The Long Island United Solar Permitting Initiative, a collaborative effort of the Suffolk County Planning Commission, Nassau County Planning Commission and the Long Island Power Authority (LIPA), developed the model LIPA Fast-Track Permit Application to help Long Island municipalities streamline and standardize the building permit application process for “standard” installations of grid-tied PV or Residential Solar Hot Water (RSHW) systems. Babylon Town Code Ch. 89, Art. X established a solar energy system fast-track permit process modeled afte..
Read More
City of Meriden Zoning Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Connecticut
Municipal
Within its Zoning Chapter, the City of Meriden in Connecticut has incorporated a separate section outlining the few regulations for wind energy conservation systems and solar devices. According to the section, screening on a roof to enclose mechanical equipment may be modified to allow access to solar heating devices. The section also goes on to require that solar heating devices do not occupy more than 10% of the yard area and that any new construction be mindful of solar devices on adjoining properties so that the maximum effort to retain sol..
Read More
City of McCall Subdivision and Development Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Idaho
Municipal
Within its Subdivision and Development Provisions Chapter, the City of McCall in Idaho makes a slight mention of solar heat and light. The City requires that within a subdivision plan, the applicant orient streets in a way to take advantage of the solar heat and light provided by the sun during the winter months. Other this one sub-section, this Chapter makes no other mention of solar energy systems. This could possibly create a barrier to their implementation since property owners would likely not be aware of the benefits or possibilities of i..
Read More
City of Manson City Solar Access Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Iowa
Municipal
Within its City Code, Manson City has incorporated an entire chapter on access to solar energy. A major section within that chapter is one that outlines the requirements and process for obtaining solar access easements. The solar access regulatory board may grant these easements, subject to a number of requirements. One of those requirements includes filing a detailed application with the secretary of the planning and zoning commission, which includes a description of the solar collector to be used, a legal description of the solar access easem..
Read More
County of Los Alamos Solar Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
New Mexico
Municipal
Los Alamos County in New Mexico has incorporated a solar energy collection system section within its Code of Ordinances. According to the section, when a solar energy collection system is already installed on a parcel, accessory structures or vegetation on the abutting lot may not block the solar collector’s access to solar energy. Property owners must also file and record the solar system installation with the county clerk on the day the building permit for the improvement is issued.
..
Read More
City of Longmont Zoning Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Colorado
Municipal
In Longmont, Colorado, the City Code of Ordinance permits solar panels in all districts as an accessory use. However, the only regulation Longmont includes within its code for solar panels and/or energy systems is that “the height shall not exceed the maximum structure height for the zoning district in which they are located.”
..
Read More
Township of London Grove Zoning Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Pennsylvania
Municipal
London Grove’s extensive Zoning Code incorporates a separate and informative section on solar energy systems, § 27-1839. According to § 27-1839, solar energy systems are permitted in all zoning districts as an accessory use, except that in two districts, “a special exception is required for the installation of any ground mounted solar energy system on any property less than 8,000 square feet.” The section goes on to list a number of development and design standards that are to be applied to the construction and installation of any solar energy ..
Read More
City of Lindsborg Design Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Kansas
Municipal
In Lindsborg’s Code of Ordinances, the City has created certain design requirements for all zoning districts to adhere to. Within these design requirements, Lindsborg aims to encourage, where appropriate, the “conservation of energy through the use of both passive and active solar systems.” In order to accommodate solar design, the City requires that streets in residential subdivisions have an east-west alignment when possible. Lindsborg also permits a subdivider to grant or establish a solar skyspace easement to protect solar energy systems fr..
Read More
City of Asheville Zoning Regulations; Chapter 7 – Development, Section 29.1309- Solar Energy Systems
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
North Carolina
Municipal
In its lengthy Zoning Ordinance, the City of Asheville has dedicated only a small subsection to the implementation of solar energy systems within its zoning districts. In Sec. 7-14-1(b)(a), the City’s only real general requirement is that “private, non-commercial solar energy systems shall comply with the minimum setback requirements.” The subsection goes on to describe the requirements for a variance the Board of Adjustment may grant to decrease the required setbacks or allow the installation to be located in the front yard. The subsection, ho..
Read More
City of Ames Zoning Code; Section 29.1309- Solar Energy Systems
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
New York
Municipal
The City of Ames, Iowa has dedicated a whole section in the “Additional Requirements for Specific Uses” Article of its City Code to the implementation of solar energy systems, § 29.1309. Section 1309’s purpose is to “facilitate the installation and constructions of solar energy systems so that the systems are safe, effective, and efficient, as well as harmonious with the character of the adjacent area where located.” The section goes on to list the design and placement requirements for Freestanding, Residential Attached, and Non-Residential Att..
Read More
City of Albany Zoning Ordinance; Section 375-93- Solar Energy Equipment
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
New York
Municipal
Within its Zoning Ordinance, the City of Albany outlines its solar energy systems requirements in its own section, § 375-93. In it, the City requires that any person who wishes to install a solar energy system in a C-1 Neighborhood Commercial District shall have the installation reviewed by the Planning staff prior to the issuance of the building permit. This process will increase the amount of time and administrative requirements necessary to install these systems, becoming a barrier to their implementation.
..
Read More
Town of Addis Zoning Ordinance; Passive Solar Energy
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Louisiana
Municipal
In its zoning ordinance, the Town of Addis lists and defines its different zoning districts. It makes only a small mention of solar energy systems, specifically passive ones, in Section 6. There, the ordinance describes that all structures in the Town of Addis shall maximize passive solar energy systems and shall not require a variance if the system infringes upon required yard areas. However, the ordinance does not specify design or placement standards for these passive solar energy systems, presenting a barrier to its implementation.
..
Read More
City of Aberdeen Zoning Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Alternative Energy, Solar Energy, Zoning
South Dakota
Municipal
The purpose of this chapter is to encourage alternative energy systems within the City of Aberdeen. The goal is to have a more positive impact on energy conservation while having a limited adverse impact on the City’s community. Chapter 163 defines terms associated with wind and solar energy systems and outlines their placement and design standards within City borders. However, in order for a solar energy system to be permitted as an accessory in any zoning district, a person must first apply for a building permit. This can cause a barrier to s..
Read More
City of Ketchum Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Idaho
Municipal
The City of Ketchum incorporates solar access throughout its zoning regulations. One way in which the city integrated solar access is in the context of parks. According to its regulations, parks will be designed to have open space for solar access during the colder months. Another example is within the city’s Design Review District. One of Ketchum’s purposes for that District is to “provide for and protect existing light, air, solar access and orientation, privacy, views, and vistas by the proper and efficient location of building sites and des..
Read More
Borough of Kutztown Subdivision and Land Development Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Subdivision Regulations, Zoning
Pennsylvania
Municipal
In its Subdivision and Land Development Chapter, the Borough of Kutztown in Pennsylvania included a small section on considerations for solar access. The section permits the Borough Council to allow variation to side lot line requirements if the goal is to maximize use of solar energy. Additionally, considerations will also be given to reserving solar easements within lots for protection of solar access. ..
Read More
Borough of Kenhorst Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Pennsylvania
Municipal
Within its Zoning Chapter, the Borough of Kenhorst has incorporated a section specifically on Solar Energy Systems, § 540. According to § 540, “the use of solar energy systems, including solar collectors, storage facilities, distribution components, heating and cooling facilities, is a permitted use in all zoning districts.” The Township requires that all developments and structures be oriented in a way to maximize the use of passive and active solar energy. The section lists a few regulations for solar energy systems including required yard se..
Read More
Kansas City Zoning and Development Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Missouri
Municipal
According to its Zoning & Development Code, building-mounted and ground-mounted solar energy systems are permitted in all zoning districts in Kansas City, Missouri as accessory structures. The section on accessory solar energy systems in the Code authorizes property owners to negotiate for any desired solar easements to protect access to sunlight. The section goes on to list certain regulations for both building-mounted and ground-mounted solar energy systems. For example, solar energy systems may not extend more than three feet above the appli..
Read More
Township of Jackson Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Ohio
Municipal
Within its Zoning Resolution, Jackson Township in Ohio has included a chapter on solar energy systems. According to the chapter, an accessory solar energy system is permitted as an accessory use in any district, subject to a number of regulations outlined in sections throughout the rest of the chapter. Some of those regulations include specific requirements for roof/structure mounted and ground/pole mounted systems as well as solar energy production facilities. For example, a solar energy production facility must be located on at least five ac..
Read More
Town of Ithaca Zoning Regulations; Solar Zoning; Subdivision Regulations
Date Added: Wednesday, August 23, 2017Solar Energy, Subdivision Regulations, Zoning
New York
Municipal
The Town of Ithaca has enacted a section on Solar Access within its chapter on the subdivision of land. The section is a short one, but vests power to the Planning Board to require a subdivision to be platted “so as to preserve or enhance solar access for either passive or active systems.” The Planning Board may also mandate site plan modifications if it determines that the solar orientation of the development needs improvement.
The Town of Ithaca has also included a section solely on solar collectors and installation within its Zoning Chap..
Read More
City of Independence Solar Access Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Kansas
Municipal
Independence, Kansas has created an entire article within its Code of Ordinances specifically for solar access regulations. The article authorizes the citizens of Independence to enter into solar easement agreements with other property owners. These easements shall establish the “solar skyspace” envelope within which it “shall be unlawful for the owner of real property to erect a building or structure or to allow a tree, shrub or other flora to case a shadow upon a solar collector.” The majority of the article is focused on regulations for thes..
Read More
City of Hoboken Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New Jersey
Municipal
Within its Zoning Chapter, the City of Hoboken in New Jersey has integrated a section specifically for solar installation. The section lists regulations for roof installation, non-habitable building installation, ground-mounted installation, and signage requirements. In order to install a solar energy system on a parcel, however, an applicant must first obtain a certificate of zoning compliance and a building permit from the Zoning Officer and the Construction Official, respectively. The City of Hoboken has also reserved the right to require th..
Read More
City of Lenexa Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Kansas
Municipal
Within Lenexa’s Zoning District Regulations, solar energy systems are permitted as an accessory use. According to the regulations, solar energy systems are to be designed to be compatible with the surrounding neighborhood and comply with a number of standards. Those standards include maintenance and access; location; and compliance with the Building Code requirements. The Regulations also outline specific requirements for roof-mounted equipment. ..
Read More
City of Lewes Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Delaware
Municipal
Despite its lengthy Zoning Chapter, the City of Lewes in Delaware only mentions solar panels once throughout the entire chapter. The Chapter states that the Lewes Historic Preservation Commission may not deny the addition of solar panels in the city’s Historic District except to designate reasonable alternative design and/or placement. ..
Read More
Town of Henlopen Acres Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Delaware
Municipal
The Town of Henlopen Acres in Delaware only permits roof-mounted solar panels/collectors to be installed and used on any principal structure. These panels are subject to any applicable building code, “including but not limited to the International Residential Code, Section M2301 and approved by the Environmental Review Committee (ERC).” The Town sets forth certain regulations for solar panels such as prohibiting the panels from being installed on the roof surface facing the street and requiring they be parallel to and not higher than six inches..
Read More
City of Henderson Use Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Nevada
Municipal
In Henderson, Nevada solar collection systems are permitted as an accessory use in all use districts. Within its Use Regulations chapter, Henderson lists specific setback, location, and height regulations for these solar collection systems. For example, “in all zoning districts, free-standing solar collection systems shall be located a minimum of six feet from all property lines and other structures.” Henderson further lists requirements for solar collection systems’ appearances such as integrating the system into the design and architectural c..
Read More
City of Hagerston Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Maryland
Municipal
Hagerston, Maryland has integrated an Alternative Energy Sources/Generators section, Section K(12), within its Zoning Ordinance supplementary regulations. According to that section, before an applicant can install a solar energy system on her property, she must first submit a zoning permit application with a plan for review by the Planning and Code Administration Division. “Once the zoning permit is approved, the applicant may apply for proper permits from the Code Administration Office.” Section K(12) permits ground-mounted solar collection sy..
Read More
Town of Haddam Subdivision Regulations; Passive Solar Energy Regulations
Date Added: Wednesday, August 23, 2017Solar Energy, Subdivision Regulations, Zoning
Connecticut
Municipal
Haddam, Connecticut has enacted a section, § 302-36, within its chapter on subdivision regulations specifically for passive solar energy techniques. Section 302-36 defines passive solar energy techniques as “site design techniques which maximize solar heat gain, minimize heat loss and provide thermal storage within a building during the heating season and minimize heat gain, and provide for natural ventilation during the cooling season.” According to the section, a subdivision applicant must demonstrate to the Commission that she has considered..
Read More
City of Grand Rapids Alternative Energy Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Michigan
Municipal
Under its section on Alternative Energy within its Code of Ordinances, Grand Rapids, Michigan incorporated a subsection on solar energy. According to that sub-section, solar energy systems are permitted as an accessory use in all districts. “In Residential Zone Districts, solar energy systems may be installed on the roof of a primary or accessory structure.” The subsection goes on to list placement regulations as well as the factors the Planning Director will have to consider for an Administrative Departure to allow for solar panels on the fron..
Read More
City of Grand Fork Solar Access Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
North Dakota
Municipal
In its Code of Ordinances, Grand Forks, North Dakota has integrated a small section on Solar Access, Section 18-0307. The section states, “When a solar energy collection system is installed on a lot, accessory structures or vegetation on any abutting lot shall not be located so as to block the solar collector’s access to solar energy.” Section 18-0307 goes on to outline the portion of a solar collector that is protected by the ordinance and state that the requirements of the Solar Access section do not apply to “structures or vegetation existin..
Read More
City of Gothenberg Subdivision Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Subdivision Regulations, Zoning
Nebraska
Municipal
Within its Subdivision Chapter in its Code of Ordinances, the city of Gothenberg in Nebraska has integrated a section on solar access for energy conservation. The section consists of only two sub-sections that require streets in residential subdivision, where possible, have an east-west alignment and, in order to allow the orientation of structures on the site to maximize solar gain, “side lot lines should run as near to north-south as possible.”..
Read More
Town of Gorham Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New Hampshire
Municipal
Within its Zoning Ordinance, the Town of Gorham in New Hampshire defines solar energy systems as “any equipment or system utilizing solar energy to provide electricity and/or space heating or cooling, hot water heating and swimming pool heating.” Within the Town of Gorham, roof- or wall- mounted solar collectors are a permitted use in all zoning districts. Non-roof- or wall-mounted solar energy systems, however, are only allowed by special exception. “All installations are required to meet Section M2301 of the International Building Code.” ..
Read More
Town of Francestown Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New Hampshire
Municipal
Solar and wind-powered devices are permitted in Francestown, New Hampshire for commercial use on lots of three acres or more at an elevation of fewer than 1,000 feet. According to its table of Permitted Uses and Special Exceptions, solar and wind-powered devices are permitted in Francestown’s Village and Rural Districts by special exception as well as in its Steep Slope, Aquifer, and Flood Plain Overlay Districts. Francestown, however, does not have a separate section within its Zoning Ordinance that describes the regulations or requirements fo..
Read More
City of Ferndale Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Michigan
Municipal
Ferndale, Michigan permits solar energy systems in all of its zoning districts as an accessory structure, subject to a number of requirements. These requirements include that the systems meet all other applicable construction codes; the design of the system must conform to applicable industry standards; and that the systems be screened per the discretion of the community development department. Solar energy systems, according to a sub-section within Ferndale’s Zoning Chapter, also have to meet the height and setback requirements of the zoning d..
Read More
Town of Fenwick Island Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Delaware
Municipal
Under its Renewable Energy System section within its Zoning Chapter, the Town of Fenwick Island in Delaware permits solar energy systems its zoning districts. According to Section 160-9(A), a “solar energy system is a renewable energy system designed and used to obtain energy from the sun in order to supply energy to a principal use of a structure.” These systems include but are not limited to solar hot water, air heating and cooling, and photovoltaic systems. The solar energy system sub-section goes on to list a few conditions that an applican..
Read More
City of Fairbault Zoning and Development Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Minnesota
Municipal
Fairbault, Minnesota permits solar energy systems in all of its zoning districts. In a separate sub-section within its Code of Ordinances, Fairbault lists a few solar energy systems regulations that only apply to properties that have more than four square feet of solar panels. These regulations include a maximum of one hundred twenty square feet of solar panels on one property parcel; specific requirements for roof-mounted and ground-mounted systems; and that an applicant must obtain building and electrical permits for all systems over four squ..
Read More
City of Falcon Heights Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Minnesota
Municipal
Falcon Heights, Minnesota has incorporated an extensive solar energy systems section with its Zoning Chapter. In Section 113-254, active solar energy systems are permitted as an accessory use in all zoning districts, subject to a number of regulations. Those regulations include height requirements for building- or roof-mounted, ground-mounted, and pole-mounted systems; a number setback requirements; and that “active solar energy systems be designed to blend into the architecture of the building or be screened from routine view from public right..
Read More
City of Dubuque Unified Development Code; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Iowa
Municipal
In Dubuque, Iowa’s Unified Development Code, solar collectors are permitted in Single-Family Residential Districts, Two-Family Residential Districts, Alternate Two-Family Residential Districts, Moderate Density Multi-Family Residential Districts, Multi-Family Residential Districts, Office Residential Districts, and Office Commercial Districts as accessory use structures. Dubuque’s Development Code also includes a Sustainable Subdivision Development program whereby applicants must achieve a minimum score of forty points by utilizing a list of to..
Read More
Borough of Doylestown Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Pennsylvania
Municipal
In its Zoning Chapter, Doylestown, Pennsylvania created a section specifically for solar energy equipment, Section 615. Defined in the Specific Definition section of the chapter, solar energy equipment is “any device, structure or electronics that converts solar energy into electrical energy, heats water or produces hot air or similar function through the use of solar panels.” In it, Doylestown authorizes solar energy equipment in any zoning district as an accessory structure. The section goes on to list a few regulations including that the equ..
Read More
Town of Denton Zoning Bufferyard Requirements; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Maryland
Municipal
According to Denton, Maryland’s zoning chapter, solar collectors and similar equipment, fixtures, and devices are exempt from district height limitation set forth within the rest of the chapter. The chapter, however, makes no mention of where solar collectors are actually permitted. Additionally, within its Bufferyard Requirements Appendix, the Town of Denton makes a small mention of solar access. In a sub-section under the Plant Material section, the Town allows for understory trees to be substituted for canopy trees where canopy trees would d..
Read More
Town of Denton Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Maryland
Municipal
According to Denton, Maryland’s zoning chapter, solar collectors and similar equipment, fixtures, and devices are exempt from district height limitation set forth within the rest of the chapter. The chapter, however, makes no mention of where solar collectors are actually permitted. Additionally, within its Bufferyard Requirements Appendix, the Town of Denton makes a small mention of solar access. In a sub-section under the Plant Material section, the Town allows for understory trees to be substituted for canopy trees where canopy trees would d..
Read More
City of Del Mar Solar Energy Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
California
Municipal
Del Mar, California has integrated an entire chapter in its zoning code on solar energy. The chapter “is intended to implement adopted federal, state, and local policies by decreasing the City’s dependence upon non-renewable energy systems for sources through the encouragement of solar energy systems for the hearing of buildings and water.” Chapter 23.20 goes on to define important terms used within the chapter and lists specific regulations for space heating and cooling of new structures, remodels of existing structures, and use of solar syste..
Read More
Town of Coventry Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Rhode Island
Municipal
Despite its lengthy Zoning Code, Coventry, Rhode Island does not incorporate a section specifically detailing the requirements and regulations for solar energy systems. However, within its Transportation, Communications, and Utilities table (schedule) of uses under its Industry Section, solar power generators are permitted in mostly all of the zoning districts, with the exception of two types of residential districts, one business district, the Planned Development District, and the Special Planning Overlay District. The Zoning Code does not def..
Read More
City of Cottage Grove Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Minnesota
Municipal
In Cottage Grove, Minnesota, the city has established a Low-Density Residential District “where all public services, utilities and amenities needed for urban residential development are available” and development densities do not exceed five dwelling units per gross acre. Cottage Grove does permit density bonuses in this District between 0-5% if applicants demonstrate innovative energy conservation efforts, including orientation of lost for maximum use of passive solar energy and preservation of solar access for active solar energy systems. Sol..
Read More
City of College Place Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Washington
Municipal
Within its Code of Ordinances, College Place, Washington has not integrated a separate section on Solar Access, but has defined it to mean “direct sunlight for the purpose of successfully operating a solar energy system.” The Zoning Ordinance outlines certain requirements for a planned unit development and allows for the maximum number of dwelling units permitted to be increased by 15 percent and an additional five percent for developments which incorporate street and lot orientation to maximize solar access; tree plantings selected to avoid wi..
Read More
Town of Clifton Park Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New York
Municipal
In Clifton Park, New York, solar arrays, both ground- or pole-mounted, are permitted as a special use in Agricultural/Residential 3 Districts, Residential 1 Districts, Conservation Residential Zones, and Hamlet Residential Districts. Clifton Park outlines factors in a separate subsection to be considered by the Planning Board in determining the sighting requirements for solar installation in these zoning districts. These factors include the “setbacks proposed and available in relation to other applicable setbacks for the zone within which the i..
Read More
City of Cleveland Heights Zoning Supplementary Accessory Use Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Ohio
Municipal
Within its zoning supplementary accessory use regulations, Cleveland Heights, Ohio integrated two sub-sections on solar panels and building-mounted systems. Under its solar panels sub-section, Cleveland Heights lists certain regulations including the requirement that solar panels be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways and that all power transmission lines from a ground-mounted solar energy system be located underground. Under its building-mounted systems sub-section, the city ..
Read More
County of Camden Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
North Carolina
Municipal
In Camden County, North Carolina solar farms are permitted in all zoning districts, however, a special use permit must first be acquired. Within its zoning code, Camden County integrated a sub-section outlining standards for solar farms such as a minimum lot size, minimum setbacks, and a 50-foot buffer from routine view. Solar collectors as an accessory use are also permitted in all zoning districts in Camden County, however, in order to install them, an applicant must either obtain a special use permit (if there are three or more collectors) o..
Read More
Township of Caln Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Pennsylvania
Municipal
The Township of Caln in Pennsylvania has integrated two sections in its zoning code on solar energy production facilities, Section 155-98, and solar photovoltaic systems, Section 155-126. In Section 155-98, solar energy production facilities are permitted by conditional use in the Institutional Zoning District and include design standards and specifications such as a minimum net lot area, a maximum height, and the overall facility design. Section 155-126 aims to promote the safe, effective, and efficient use of solar energy systems. The section..
Read More
City of Calimesa Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
California
Municipal
Calimesa, California has created a subsection under its zoning chapter on Residential Zone District specifically for listing solar energy design standards. Calimesa requires that future structures should be oriented to maximize solar access opportunities and that “streets, lot sizes and lot configurations should be designed to maximize the number of structures oriented so that the south wall and roof area face within 45 degrees of due north.” Other standards include that roof-mounted solar collectors be placed in the most obscure location and ..
Read More
City of Burlington, Washington Zoning Regulations; Solar Access
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Washington
Municipal
Section 14.48.110, placed within the City Code’s chapter on performance standards, lists solar access criteria for any new construction that is south of existing residential land in Burlington, Washington. The criteria include prohibiting multi family, commercial, or industrial structure more than one story in height from shading the maximum building envelope of any existing dwelling as determined by the angle of the sun on December 21st; site plans that show the shading impacts of new structures on existing dwellings or vacant lots; and measur..
Read More
City of Burlington (VT) Zoning Regulations and Development Review Standards; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Vermont
Municipal
Within its Development Review Standards Article in its Zoning Code, Burlington, Vermont includes provisions to encourage solar energy system installations. A major goal in Burlington is to support the use of renewable energy resources, including maximizing solar access within an applicant’s site plan. Maximizing solar access is not limited to only residential or actual building projects, but also where public space is provided as an amenity to the site plan; the open space shall be sited on the parcel to maximize solar exposure. Additionally, s..
Read More
Village of Buffalo Grove Planned United Development Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Planned Unit Development, Solar Energy
Illinois
Municipal
Buffalo Grove in Illinois has created a Planned Unit Development (PUD) section within its Code of Ordinances, Section 17.28.050. Residential dwelling units within this PUD district shall be calculated on the net acreage of the site, where percentages will be applied to the base density. The PUD section does include a solar energy incentive when calculating the percentages for residential dwelling units. Under the incentive, Buffalo Grove will allocate three percent for the provision of solar housing design elements or if one hundred percent of..
Read More
County of Brown Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Minnesota
Municipal
In its Zoning Ordinance, Brown County in Minnesota lists solar energy systems and solar structures as permitted uses in the Agricultural/Shoreland Protection District, Highway Business District, General Business District, and Limited Industry. Section 702 of its Zoning Ordinance, however, permits solar energy systems and solar structures as accessory uses in all districts, including residential ones, “provided the system is in compliance with minimum lot requirement and setbacks.” The section also goes on to include solar energy systems as elig..
Read More
County of Broward Solar Zoning Regulations
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Florida
Municipal
Broward County, Florida enacted Ordinance No. 2012-22 to amend its Code of Ordinances, specifically within its Zoning Article, to create a new section, 39-109, entitled “Rooftop Photovoltaic Solar Systems.” Section 39-109 permits photovoltaic solar systems as accessory equipment in all zoning categories and provides for severability with an effective date. The section lists height and maintenance regulations as well as the requirements for a permit an owner must obtain before installation. ..
Read More
City of Boynton Beach Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Florida
Municipal
Boynton Beach, Florida has incorporated Solar Photovoltaic (PV) Arrays regulations within its Zoning Code in a separate subsection. In that subsection, Boynton Beach lists height, location, and rooftop requirements. The PV Arrays sub-section also describes regulations for wall mounted or flush to a building or structure solar energy systems. These regulations include a required yard setback by more than three feet, a minimum dimension of nine feet, and a wall mounted PV array design that is compatible with the structure and surface to which it ..
Read More
County of Blaine Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Idaho
Municipal
Blaine County, Idaho has created a number of zoning regulations in its county code. As part of its regulations, Blaine County has dedicated a chapter specifically for solar utilities facilities. These regulations include how collector system panels and mounts are to be installed; height restrictions of BIPB and roof collected mounted panels; and the way in which ground and pole mounted solar collectors are to be anchored. Blaine County has also created additional standards for solar energy systems located within the county’s overlay districts. ..
Read More
City of Biloxi Zoning and Sustainable Design Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Mississippi
Municipal
Biloxi, MS has dedicated an entire section in its zoning code to Sustainable Design in order to “promote sustainable development practices as a means of addressing global climate change, protecting natural resources, and ensuring a high quality of life for future city residents.” As part of encouraging its citizens to build more sustainably, Biloxi created a Sustainable Development Point Requirement, where “all applications for approval of a Site Plan for nonresidential, mixed-use, and multifamily residential development” shall incorporate a nu..
Read More
Town of Berlin Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Maryland
Municipal
In its Zoning Chapter, the Town of Berlin has created a section specifically for site design guidelines, Section 108-274. Within that section, Berlin has authorized solar energy use. A developer or owner must consider the feasibility and desirability of active and passive solar energy use before installation. Builders must also “orient proposed buildings and provide structures to provide for solar energy use and to preserve solar access of adjoining properties.” ..
Read More
City of Bentonville Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Arkansas
Municipal
The city of Bentonville, Arkansas has created a separate Article, 601, in its Zoning Code for all use regulations. Section 601.24 specifically describes the requirements for solar energy systems. Bentonville considers the number of solar panels and supporting equipment as one system, without any limitation as to the number of modules and arrays installed on the property. The section includes location, height, and setback requirements for roof mounted, ground mounted systems, and pole mounted systems. Section 601.24 also includes regulations for..
Read More
City of Belfast Site Plan Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Site Plan Approval, Solar Energy, Zoning
Maine
Municipal
Chapter 90 of the City of Belfast’s Code lists site plan criteria. Those criteria include pollution control, groundwater access, landscaping, and access to direct sunlight for an abutting property owner for solar energy system. Sec. 90 -42(17) goes on to state that the Planning Board may prohibit, restrict, or control development in order to protect and ensure access to direct sunlight for solar energy systems. ..
Read More
City of Belfast Energy and Efficiency Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Maine
Municipal
Within its Zoning Code, the city of Belfast in Maine has incorporated a chapter to enable its citizens to participate in a Property Assessed Clean Energy (“PACE”) Program. The PACE Program will create opportunities for “owners of qualifying propert[ies]” to “access financing for energy saving improvements to their properties.” This Program, under Belfast’s chapter, creates these financing opportunities for not only solar thermal systems, but also many other renewable sources such as photovoltaic systems, biomass systems, landfill gas to energy ..
Read More
Town of Bedford Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New York
Municipal
Within its Zoning Chapter, the Town of Bedford includes solar panels in its Accessory buildings or structures section, § 125-27. Bedford lists solar energy collectors and studios as an accessory structure permitted in all districts, subject to a list of requirements including floor area minimums and maximums, height maximums, and ground floor area measurements. § 125-27, however, does not specify requirements for solar energy systems individually.
Bedford created the Bedford Energy Task Force to help the Bedford 2020 Coalition accomplish ..
Read More
Town of Babylon Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New York
Municipal
In its Zoning Chapter, the Town of Babylon does not dedicate any specific section to the implementation of solar energy systems. The Code does permit solar energy production facilities that are not less than 50 acres, subject to restrictions placed by the Planning Board in two Residence Districts, A and C, as well as the Town’s Business District. In terms of new architectural design requirements, developers and owners are permitted to install solar roof panels. The Chapter, however, does not describe specific requirements for solar energy syste..
Read More
City of Austin Zoning Ordinance; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Texas
Municipal
The City of Austin, Texas has integrated zoning for solar within its zoning ordinance not as a separate section or chapter, but mostly within its Building Design Standards Article. According to its Zoning Ordinance, Austin permits solar collectors in Residential Use zoning districts as accessory use structures. In order to satisfy the building requirements under the Building Design Standards Article, each building must earn one point from a number of design options laid out in § 3.3.2, Table C. One of those options is to “integrate solar power ..
Read More
City of Saratoga Springs New York Zoning Ordinance
Date Added: Wednesday, May 31, 2017Stormwater Management, Zoning
New York
Municipal
The purpose of the City of Saratoga Springs Zoning Ordinance is to encourage physical development while promoting public health, safety, and welfare. The ordinance is intended to classify, designate, and regulate the location and use of buildings, structures, and land for agricultural, residential, commercial, industrial, or other uses, and to divide the City into districts best suited to carry out the regulations set forth in the General City Law and provide for their enforcement. The regulations and district boundaries identified in the Zonin..
Read More
North Salem (NY), Chapter 250, Article XIII Conditional Use and Special Permit Standards, Section 250-66
Date Added: Tuesday, May 23, 2017Land Use Planning, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The Town of North Salem enacted this section to prescribe certain requirements for public utilities. The use for the public utility must be necessary from the public standpoint. The installations shall be covered with landscaping, paintings, or fencing so that the area remains harmonious with the landscape...
Read More
Village Of Aurora Emergency Dwellings Ordinance
Date Added: Tuesday, May 23, 2017Zoning, Post-Disaster Management
Illinois
Municipal
If a dwelling is rendered uninhabitable due to fire, flood, or similar natural or manmade disaster, the Zoning Board of Appeals may authorize the placement of an emergency dwelling in that location. The units must meet all applicable building, fire, health, and other codes. An emergency dwelling must have running water and be connected to a totally enclosed septic system or public sewer. The emergency dwellings shall be removed within ten days of the issuance of the Certificate of Occupancy for the repaired or replaced dwelling. Maximum duratio..
Read More
The City of Utica Uses and/or Structures Rendered Nonconforming Ordinance
Date Added: Tuesday, May 23, 2017Land Use Planning, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The City of Utica described the zoning procedures in place if any use or structure became nonconforming within the Land Conservation District. Even if the structure conforms in its district, it will be considered a nonconforming use or structure in the Land Conservation District. Existing nonconforming uses and/or structures shall not be expanded. Substantial improvements of nonconforming uses shall not be allowed, irrespective of the need for the improvements. Nonconforming structures within the one-hundred-year flood plain will be required to..
Read More
The Town of Islip Word Usage and Definitions for Zoning Requirements
Date Added: Tuesday, May 23, 2017Development Standards, Local Governance, Zoning
New York
Municipal
The Town of Islip set out the word usages and definitions to be used in their zoning requirements. All accessory buildings must be restricted to one story in height. Building height is determined by looking at the vertical distance from the average grade of the ground at the base of the structure to the highest point of roof, excluding chimneys, spires, and other permitted projections. For any single-family homes in a special flood hazard area, the building height shall be measured from the average grade of the ground at the base of the structu..
Read More
The Town of Middleburgh Nonconforming Uses, Structures and Lots Ordinance
Date Added: Tuesday, May 23, 2017Flood Prevention, Zoning
New York
Municipal
The Town of Middleburgh has several districts which must meet certain specifications. Parcels in the Flood Protection District (FPD) must comply with the Flood Damage Prevention Law and new parcels (after 12/31/07) must comply with the district requirements. The Planned Development District (PDD) was designed to accommodate such large-scale uses as to the benefit to the community. The law is not intended to restrict the construction or use of underground or overhead public utility distribution facilities. There are specific restrictions on gaso..
Read More
The town of Skaneateles Nonconforming Uses, Structures and Lots Ordinance
Date Added: Tuesday, May 23, 2017Development Standards, Mixed/Multiple Use, Zoning
New York
Municipal
The town of Skaneateles created rules that apply to nonconforming uses, structures, and lots. Existing nonconforming lots with impermeable surface coverage may be redeveloped by a special permit. The impermeable surface area must be reduced to the maximum extent possible to minimize the impact on streams, lakes, and groundwater. Measures to reduce the impermeable surface includes infiltration trenches, vegetated streams, and lake buffers. If the lot is within the Skaneateles Lake Watershed, the Planning Board Engineer shall also consult with th..
Read More
The City of Redmond Site Requirements for Residential Zones Ordinance
Date Added: Tuesday, May 23, 2017Development Standards, Land Use Planning, Planned Development Districts
Washington
Municipal
The City of Redmond established basic site requirements for residential zones while implementing Redmond’s Comprehensive Plan, the Growth Management Act, and the County-Wide Planning Policies. These requirements set basic dimensional standards for residential development while providing flexibility in project design, maintaining privacy between adjacent users, and preventing public nuisances. There is a prescribed level of permitted density, this is to maintain a consistent and compatible land use pattern in Redmond’s residential neighborhood. ..
Read More
Town of Saugerties Waterfront Overlay District
Date Added: Tuesday, May 23, 2017Coastal Protection, Land Use Planning, Overlay District, Planned Development Districts, Site Design Standards
New York
Municipal
The Town of Saugerties adopted the Waterfront Overlay District (WOD) to protect and enhance the shoreline by protecting water quality and preventing erosion along the Hudson River, Esopus Creek, and Plattekill Creek. All development in the WOD District will be reviewed on a case by case via the site plan review process to ensure appropriate layout and design of all properties. The WOD is superimposed over the basic zoning districts, therefore regulations from the underlying district and the WOD apply in those areas. Properties or portions of pr..
Read More
The Town of Coxsackie Waterfront Residential District Ordinance
Date Added: Tuesday, May 23, 2017Coastal Protection, Land Use Planning, Planned Development Districts
New York
Municipal
The Town of Coxsackie created the Waterfront Residential District (WR) to protect areas adjacent to the Hudson River. The purpose of this district is to protect the waterfront, maintain the existing residential character, and allow for low impact water-dependent and water-related recreational uses appropriate for the community and the river. A few specific purposes of the WR is the preservation of natural, scenic, and historic values along the Hudson River and to encourage compatible land uses along the Hudson River. Buildings must be set back ..
Read More
Town of Perinton Limited Development District Ordinance
Date Added: Tuesday, May 23, 2017Conservation Districts & Subdivisions
New York
Municipal
Town of Perinton created Limited Development Districts for certain variations in terrain, hydrology that render certain areas susceptible to flooding to supersede the other zoning provisions. Development must be directed by the intrinsic character of the land in order to provide for the safety and welfare of the citizens and the natural environment. The limits of an LDD shall be determined by its soil, vegetation, terrain, and hydrologic characteristics. The limits are determined using detailed maps, in consultation with the Conservation Board...
Read More
Buncombe County Land Development and Subdivision Ordinance
Date Added: Tuesday, May 23, 2017Steep Slope Protection, Stormwater Management, Subdivision Regulations
North Carolina
Municipal
The purpose of this chapter of the Buncombe County Land Development and Subdivision Ordinance is to establish procedures and standards for the subdivision of land within the county to facilitate the adequate provision of streets, water, sewage, disposal, and other considerations essential to public health, safety, and general welfare. Section 70-66 sets forth general requirements of subdivision standards to serve this purpose. These include conformity to existing maps or plans, the continuation of adjoining road systems and road names whenever ..
Read More
City of Ithaca (NY) Municipal Code, Chapter 283: Stormwater Utility
Date Added: Tuesday, May 23, 2017Stormwater Management
New York
Municipal
The City of Ithaca’s Stormwater Utility chapter describes the calculation of stormwater user fees charged for costs incurred by the City in providing stormwater services. This monthly fee is equal to the product of $4 and the number of Equivalent Residential Units (ERUs) of impervious surface area on the lot, less any credits for the lot approved by the Superintendent of Public Works. One ERU is equal to 2,300 square feet, the average amount of impervious surface area on a residential property as determined by the Common Council. The stormwater..
Read More
Town of Geneseo Municipal Code, Chapter 54 Erosion and Sediment Control
Date Added: Tuesday, May 23, 2017Erosion & Sedimentation Control
New York
Municipal
This chapter guides and regulates the design, construction, and maintenance of any development or activity which disturbs the topsoil or results in the movement of earth on land in order to promote the public welfare and safeguard persons, protect property, and prevent damage to the environment, including Conesus Lake and all bodies of water or watercourses in the Town of Geneseo. Performance standards include retaining existing vegetation and constructing sediment control measures prior to beginning any land disturbance activities, with all ru..
Read More
City of Hendersonville Subdivision Regulations Article III Design Standards and Improvement Requirements, 3-102 Lot Requirements, 3-102.6 Driveways/Access to Lots, Section 3- 102.605 Design Standards for Residential Driveways
Date Added: Tuesday, May 23, 2017Steep Slope Protection, Stormwater Management, Subdivision Regulations
Tennessee
Municipal
§ 3-102.605 of the City of Hendersonville’s Subdivision Regulations provides design standards for residential driveways in accordance with considerations appropriate to public health and safety and to limit possible traffic hazards. Specifically, where permitted, driveways fronting designated collector and arterial routes are to be designed so that vehicles are not required to back onto these highways. This section also regulates the slope of residential driveways: the slope of any driveway should not exceed 8% for the first 15 feet; driveways ..
Read More
Municipal Code, Chapter 150 Zoning, Article IIA Environmental Protection Overlay Districts, Section 150-9.20 EPOD 3 Steep Slope Protection District
Date Added: Tuesday, May 23, 2017Steep Slope Protection, Zoning
New York
Municipal
ep Slope Protection District sets forth regulations designed to minimize the impacts of development activities on steep slopes, including soil erosion and sedimentation, destruction of vegetation, increased stormwater runoff, and landslides. Regulated activities within the District include the clearing of or construction on land; the construction of sewage disposal systems; filling, cutting, or excavation; and discharge of stormwater and/or construction and placement of stormwater runoff systems. In order to be permitted to undertake such regul..
Read More
City of Newburgh Zoning Law, Section 300- 52 Environmental Constraints
Date Added: Tuesday, May 23, 2017Steep Slope Protection, Zoning
New York
Municipal
Consistent with the general purposes of the City of Newburgh Zoning Law, the Supplementary Regulations set forth environmental constraints to control potentially objectionable external aspects of all uses. The regulations require specific conditions for steep slopes (greater than 15%): adequate erosion control and drainage measures must be in place to prevent erosion and sedimentation; the cutting of natural vegetation must be minimized; safety hazards such as subsidence, road washouts, landslides, flooding, or avalanches must be prevented; and..
Read More
Town of Williston Ridgeline/Wooded Hillside Protection Overlay Ordinance
Date Added: Tuesday, May 9, 2017Overlay District, Ridgeline Protection
Vermont
Municipal
The purpose of the Williston Ridgeline/Wooded Hillside Protection Overlay District is to protect the scenic beauty of the town, as well as to protect the sensitive natural communities of slopes and to prevent erosion. The ordinance sets out restrictions for the type of building that can be done in the zone and the amount of ground cover that must be kept around building lots. ..
Read More
Village of Cross Plains Hill Development Ordinance
Date Added: Tuesday, May 9, 2017Buffer Zones, Open Space Preservation, Ridgeline Protection, Scenic Resources
Wisconsin
Municipal
The Village of Cross Plains established the following general regulations to protect the bluffs surrounding the village from development. They prohibit use or disturbance of hillsides and hilltop edges and require hilltop development to limit any land, vegetation, or scenic disturbance...
Read More
Town of Kennett Open Space Design Options Ordinance
Date Added: Tuesday, May 9, 2017Open Space Preservation, Ridgeline Protection
Pennsylvania
Municipal
This law is a lengthy and detailed open space ordinance that contains a component emphasizing protection of steep slopes and ridgelines...
Read More
Town of Erwin Viewshed Protection Overlay District
Date Added: Tuesday, May 9, 2017Overlay District, Ridgeline Protection, Scenic Resources
New York
Municipal
This law provides a very detailed set of regulations with the primary purpose of protecting the viewshed and natural beauty of the town...
Read More
Township of Harrison Steep Slope Regulations
Date Added: Tuesday, May 9, 2017Ridgeline Protection, Steep Slope Protection
New Jersey
Municipal
This law provides regulations for preventing erosion from developments built on slopes greater than twenty percent...
Read More
Township of Washington Steep Slopes & Ridge Protection
Date Added: Tuesday, May 9, 2017Ridgeline Protection, Steep Slope Protection
New Jersey
Municipal
This ordinance sets development restrictions for areas containing steep slopes and ridgelines. Its purpose is to “encourage good land use planning and design, maximize optimal use of the natural terrain, and maintain ridgelines and scenic vistas intact.”..
Read More
Town of Mendon Ridgeline Protection Ordinance
Date Added: Tuesday, May 9, 2017Ridgeline Protection, Scenic Resources, Natural Resource Protection & Conservation
Vermont
Municipal
This is a very brief law that regulates developments to only ski area uses and requires aesthetic compatibility...
Read More
Town of Farmington Ridgeline Protection Zone
Date Added: Tuesday, May 9, 2017Ridgeline Protection, Scenic Resources
Connecticut
Municipal
This law provides a very detailed set of regulations with the primary purpose of protecting the viewshed and natural beauty of the town. It uses specific geologic features that form the mountains to determine the boundaries of the protection zone...
Read More
Town of Enfield Conservation District Ordinance
Date Added: Tuesday, May 9, 2017Ridgeline Protection
New Hampshire
Municipal
This is a law that regulates use in the conservation district. It limits commercial development and regulates the aesthetic nature of developments as well as protecting natural resources such as riparian areas...
Read More
Town of Avon Ridgeline Protection Overlay Zone
Date Added: Tuesday, May 9, 2017Overlay District, Ridgeline Protection
Connecticut
Municipal
This overlay district was adopted to protect ridgelines for the conservation of environmental attributes including ground water quality, ground water recharge and wildlife habitat, and in order to prevent erosion. It provides for a setback area from the ridgeline as specified by a qualified professional. The setback area is designated on a map prepared by the Commission...
Read More
County of Teton Natural, Scenic, Agricultural, and Tourism Resources Protection Ordinance
Date Added: Tuesday, May 9, 2017Development Standards, Ridgeline Protection, Scenic Resources, Natural Resource Protection & Conservation
Wyoming
Municipal
This ridgeline ordinance prohibits any ridgeline development from "skylining" meaning that no sky can be seen behind the structure as seen from specified public roads...
Read More
Township of Chesterfield Transfer of Development Rights Ordinance
Date Added: Tuesday, May 9, 2017Smart Growth, Transfer of Development Rights (TDR)
New Jersey
Municipal
Chesterfield enabled a TDR program to create a town center in preparation for well-planned future growth. Chesterfield’s 1997 Master Plan envisioned a “neo traditional town center in the receiving area with a variety of housing types (including affordable housing), neighborhood shops and services, a school and other civic uses and recreational open space. Preserved farmland would surround the “planned village” and Chesterfield’s three historic hamlets. ” The TDR ordinance enabling that plan was passed in 1998 alongside a change to the zoning in..
Read More
Town of Amherst Development Methods Ordinance
Date Added: Tuesday, May 9, 2017Clustering & Cluster Development, Open Space Preservation, Planned Unit Development, Smart Growth
Massachusetts
Municipal
This ordinance provides for a variety of Smart Growth activities within the town including cluster development, planned unit development, and open space community development according to general standards...
Read More
City of Gloucester Interim Planning Overlay District
Date Added: Tuesday, May 9, 2017Intermunicipal Agreements, Overlay District, Sewage Management, Smart Growth
Massachusetts
Municipal
This ordinance is primarily concerned with the potential for overburdening of city sewer lines upon the completion of an intermunicipal agreement between The City of Gloucester and the Town of Essex. In order to prevent such an occurrence, they have created overlay zones to ensure orderly growth, provide the city time to study the effects, preserve community attributes, and to implement recommendations of the comprehensive plan...
Read More
City of Chapel Hill Land Use Management Ordinance
Date Added: Tuesday, May 9, 2017Land Use Planning, Zoning
North Carolina
Municipal
The Chapel Hill Land Use Management Ordinance establishes standards and procedures for new development and redevelopment in the Town. The document provides rules under the Comprehensive Plan that tell applicants what is expected in order to gain approval to develop land in the town. The Ordinance provides the different requirements for the zoning districts...
Read More
The Land Use Stabilization Wedge Strategy: Shifting Ground to Mitigate Climate Change
Date Added: Tuesday, May 9, 2017Emissions, Energy Efficiency & Conservation, Land Use Planning, Local Environmental Law, Local Governance, Solar Energy, Wind Energy
State: Not Applicable
N/A
This article by John R. Nolon was published in William & Mary Environmental Law & Policy Review. The article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society's climate change mitigation efforts. Five of Socolow's strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy effi..
Read More
Technical Guidance Manual for Sustainable Neighborhoods
Date Added: Tuesday, May 9, 2017Comprehensive Planning, Development Standards, Local Environmental Law, Subdivision Regulations, Transit Oriented Development (TOD), Zoning, Street & Sidewalk Development, Parking
State: Not Applicable
U.S. Federal
The sections of this manual are designed to parallel a typical municipality’s land development plans, regulations, and related policies. It begins by presenting strategies to integrate LEED-ND criteria into local planning policies as expressed in comprehensive plans and special area plans. It then presents strategies for incorporating LEED-ND criteria into traditional zoning code sections, site plan and subdivision regulations, and other land use development standards, including building and related codes. Finally, it introduces strategies for ..
Read More
New York State Town Law – Site Plan Review Ordinance
Date Added: Tuesday, May 9, 2017Local Boards, Site Plan Approval, Zoning
New York
State
This law empowers Town Boards in New York state to conduct site plan review. The law contains instructions for towns to authorize planning boards to review proposed site plans, conduct public hearings, and make rulings as to approval (i.e. approval, approval with modification, conditional approval). Planning boards are also authorized to issue variances when public policy dictates. In addition, the law outlines other functions a planning board may perform, including: requiring reservation of parkland (or money in lieu thereof) or requiring the ..
Read More
New York State Town Law – Official Maps, Changes Ordinance
Date Added: Tuesday, May 9, 2017Official Map, State Land Use Law, Zoning
New York
State
This law grants town boards the authority to make changes to their town’s official map. ..
Read More
New York State Town Law – Official Map, Establishment Ordinance
Date Added: Monday, May 8, 2017Official Map, State Land Use Law, Zoning
New York
State
This ordinance authorizes Town Boards in New York State to create official maps, which are to include streets, highways, parks, and drainage systems, by towns located in New York State. ..
Read More
New York State Town Law – Adoption of First Zoning Ordinance
Date Added: Monday, May 8, 2017Local Boards, State Land Use Law, Zoning
New York
State
This ordinance requires town boards to appoint a zoning commission, whose responsibility is to recommend boundaries of districts and regulations to be enforced in those boundaries. ..
Read More
New York State Town Law – Purposes in View Ordinance
Date Added: Monday, May 8, 2017Comprehensive Planning, State Land Use Law, Transportation & Land Use Planning, Zoning, Disaster Mitigation
New York
State
This ordinance explains the purpose behind granting zoning and land use planning authority to municipalities in New York State. ..
Read More
New York State Town – Transfer of Development Ordinance
Date Added: Monday, May 8, 2017Comprehensive Planning, Historic Preservation, Open Space Preservation, Scenic Resources, State Land Use Law, Transfer of Development Rights (TDR), Natural Resource Protection & Conservation
New York
State
This law gives town boards in New York State the authority to provide for transfer of development rights. The purpose of providing for transfer of development rights is to protect the natural, scenic or agricultural qualities of open lands, to enhance sites and areas of special character or special historical, cultural, aesthetic or economic interest or value and to enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource. ..
Read More
New York State Town Law – Grant of Power Ordinance
Date Added: Monday, May 8, 2017Land Use Planning, Local Boards, State Land Use Law, Zoning
New York
State
The following law grants authority to Town Boards in New York State to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes; provided that such regulations shall apply to and affect only such part of a town as is outside the limits of any incorporated village or city; provid..
Read More
New York State Town Law – Planned Unit Development Zoning Districts Ordinance
Date Added: Monday, May 8, 2017Land Use Planning, Planned Unit Development, State Land Use Law, Zoning
New York
State
New York grants authority to local government to pass planned unit development ordinances. Other states may use this law as a guide when promulgating planned unit development statutes. Planned Unit Development Zoning Districts are implementation tools for municipalities to utilize in working toward smart growth...
Read More
New York Town Law – Intermunicipal Cooperation in Comprehensive Planning & Land Use Regulation
Date Added: Monday, May 8, 2017Comprehensive Planning, Intermunicipal Agreements, Land Use Planning, State Land Use Law, Zoning
New York
State
This state law from New York is a model for state governments seeking to promulgate statutory law to guide its towns in their efforts at local zoning and planning laws. Intermunicipal cooperation in comprehensive planning and land use regulation allows municipalities to work together toward smart growth in the region...
Read More
New York State Town Law – Incentive Zoning Ordinance
Date Added: Monday, May 8, 2017State Land Use Law
New York
State
This state law from New York is a model for state governments seeking to promulgate statutory law to guide its towns in their local zoning and planning efforts. Incentive Zoning is an implementation tool for municipalities to utilize in working toward smart growth...
Read More
New York State Town Law – Town Comprehensive Plan Ordinance
Date Added: Monday, May 8, 2017Comprehensive Planning, State Land Use Law, Transportation & Land Use Planning
New York
State
This state law from New York is a model for state governments seeking to promulgate statutory law to guide its towns in their efforts at developing local comprehensive plans...
Read More
New York State Town Law – Cluster Development Ordinance
Date Added: Monday, May 8, 2017Clustering & Cluster Development, Transportation & Land Use Planning, Zoning
New York
State
This New York State law is a model for state government seeking to promulgate statutory law to guide its towns in their efforts at local zoning and planning laws. Cluster Development is a tool for municipalities to utilize when working toward smart growth...
Read More
New York State Town Law – Ordinances & Licenses
Date Added: Monday, May 8, 2017Comprehensive Planning, Local Boards, Local Governance, Street & Sidewalk Development
New York
State
Article 9, sections 130-139 of New York Consolidated laws describes the authority town ordinances might have over building construction, maintenance, and removal; plumbing regulations; dwellings; sidewalks, streets, and highways; fire prevention; encroaching walls; pets and wildlife and other areas. The article also describes the procedures of effecting an ordinance, the issuing of licenses, and the role of the building inspector...
Read More
New York State Town Law – Article Seventy-Eight Proceeding Ordinance
Date Added: Monday, May 8, 2017Local Boards, Zoning
New York
State
This law creates a procedure through which a party may challenge the decision of the Zoning Board of Appeals. Persons aggrieved by a decision of the Zoning Board of Appeals may apply to the New York State Supreme Court for review through Article Seventy-Eight of the Civil Practice Law and Rules. Under this section, the Supreme Court is authorized to reverse, affirm, or modify a decision that is brought up for review...
Read More
New York State Town Law – Board of Appeals Procedure Ordinance
Date Added: Monday, May 8, 2017Local Boards, Zoning
New York
State
This statute establishes the procedure that the Zoning Board of Appeals is required to follow. The procedure includes holding meetings that are open to the public and requiring the minutes of the meetings to become public record. The statute also establishes the appellate jurisdiction of the Zoning Board of Appeals and creates the procedure and time requirements for appeals to be filed...
Read More
New York State Town Law – Zoning Board of Appeals
Date Added: Monday, May 8, 2017Local Boards, Zoning
New York
State
This section of the New York State Town Law empowers town boards to form a zoning board of appeals composed of three to five members. Furthermore, it establishes the procedure for appointment and removal of members, the length of terms for the members, and the duties of the chairperson...
Read More
State of New York Coastal Erosion Hazard Areas Act
Date Added: Monday, May 8, 2017Coastal Protection, Erosion & Sedimentation Control
New York
State
The purpose of this statute is to prevent coastal erosion from destroying natural resources, property, and human life. This statute states causes of erosion and presents policies to address erosion. The main focus is on the identification of coastal erosion hazard areas and the creation and implementation of local laws to address the problems in such areas. The state commissioner in consultation with local governments must identify hazard areas in the state and then hold public hearings before the final identifications are made. The commissi..
Read More
State of New York County Law – Reforested Lands Ordinance
Date Added: Monday, May 8, 2017Land Acquisition, Open Space Preservation, Tree Preservation & Protection
New York
State
This section of the General Powers of Board Supervisors gives the Board supervisors the power to purchase, acquire, or accept by gift lands for the purposes of reforestation. The ordinance establishes the procedures for taxation and assessment of the land as well as financial assistance procedures. ..
Read More
New York State Constitution Article on Conservation
Date Added: Monday, May 8, 2017State Land Use Law, Tree Preservation & Protection, Transportation & Land Use Planning, Natural Resource Protection & Conservation, Conservation Districts & Subdivisions
New York
State
The New York Constitution, Article 14, establishes that it is a function of the state government to provide for the protection of forested lands, but provides exceptions for the development of certain highways. This provision also designates provisions whereby these lands may be used on a limited scale for construction and maintenance of reservoirs and establishes how violations of this provision shall be handled...
Read More
State of New York Bill of Rights for Local Governments
Date Added: Monday, May 8, 2017Land Acquisition, Local Boards, Local Governance
New York
State
The Bill of Rights for Local Government establishes the conditions under which local governments shall operate. In addition to procedures for the formation of local governments, this provision of the Constitution governs procedures regarding eminent domain, public utilities, and annexation of property...
Read More
State of New York Indebtedness Provision for Public Services Ordinance
Date Added: Monday, May 8, 2017Intermunicipal Agreements, Sewage Management, Stormwater Management, Drinking Water Protection & Conservation
New York
State
This provision of the New York State Constitution allows the legislature to authorize any municipality or combination of two or more public corporations to contract indebtedness in order to supply public services. In certain circumstances, the provision also allows the municipalities in excess of its needs. Services addressed in this provision include: water supply, drainage, and sewage disposal...
Read More
Town of Pawling Timber Harvesting Ordinance
Date Added: Monday, May 8, 2017Erosion & Sedimentation Control, Quality of Life, Timber Harvesting
New York
Municipal
This ordinance emphasizes the value of local woodlands and sets standards for harvesting activities that can cause soil erosion and sediment-laden runoff, including stream crossings, location of landings, hauls roads, and skid trails. Making the connection between timber harvesting practices, water quality, and human and ecological health, the ordinance prescribes methods for sustainable harvesting that consider slope steepness, distance of operations from streams, and the use of logging roads. ..
Read More
State of New York Long Island Pine Barrens Maritime Reserve Act
Date Added: Monday, May 8, 2017Comprehensive Planning, Land Use Planning, Local Boards, Scenic Resources, Natural Resource Protection & Conservation
New York
State
This law creates the Long Island Pine Barren Maritime Reserve in Suffolk County, New York, in order to protect and preserve this area’s natural resources and scenic beauty. The law also sets forth the following: duties of the Long Island Pine Barrens maritime reserve council, a comprehensive management plan for the area, the duties of the Central Pine Barrens joint planning and policy commission, and a comprehensive land use plan for the area. ..
Read More
State of New York Hudson River Valley Greenway
Date Added: Monday, May 8, 2017New York
State
This law is enacted to preserve and protect natural resources along the Hudson River Valley. The law creates and empowers both the Hudson River Valley Greenway Communities Council and the Greenway Heritage Conservancy for the Hudson River Valley, and gives these agencies the responsibility for carrying out the goals stated above. ..
Read More
State of New York Official Map Changes Ordinance
Date Added: Monday, May 8, 2017Development Standards, Official Map, Site Plan Approval, Zoning, Street & Sidewalk Development
New York
State
This law authorizes city legislatures to change or add to the official map of the city in order to lay out new streets, highways parks and even drainage systems. Changes are made subject to adequate notice to those persons noted on last real property tax notice which is to be included in such proposed layout, and are subject to report by planning board who may forfeit right to suspend further action if no response is rendered within thirty days of such reference. Adopted changes become part of city’s official map and are deemed final...
Read More
State of New York Intermunicipal Cooperation in Comprehensive Planning & Land Use Regulation
Date Added: Monday, May 8, 2017Land Use Planning
New York
State
This law expresses statutory authority for city governments in New York State to enter into agreements with one another for comprehensive planning and land use regulation in order to facilitate intergovernmental cooperation in an effective and efficient way...
Read More
State of New York Transfer of Development Rights Ordinance
Date Added: Monday, May 8, 2017Purchase of Development Rights, Scenic Resources, Transfer of Development Rights (TDR), Natural Resource Protection & Conservation, Farmland Protection & Preservation
New York
State
This law authorizes cities within New York State to transfer development rights with respect to parcels of land under zoning ordinances or local laws, and also governs the transfer of development rights between sending and receiving districts...
Read More
State of New York Freshwater Wetlands Regulations
Date Added: Monday, May 8, 2017Erosion & Sedimentation Control, Recreational Uses, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
State
Article 24-Title 7 of New York State Consolidated Laws promulgates the sustained and safe use of Freshwater and Wetlands in the Town. Under the law, any person that wishes to engage in any of the enumerated activities including: draining, dredging, dumping, filling, in wetland areas as designated by the official map, shall seek a permit which will either be granted or denied depending on the outcome of the local government or the commissioner’s consideration of the effect of the proposed activity with reference to the public health and welfare,..
Read More
State of New York Waterfront Revitalization of Coastal Areas & Waterways Ordinance
Date Added: Monday, May 8, 2017Coastal Protection, Erosion & Sedimentation Control, Economic Development, Waterfront Revitalization
New York
State
The Waterfront Revitalization of Coastal Areas and Waterways Law (Article 42) recognizes that the social and economic well being and general welfare of the people are dependent on the preservation, enhancement, protection, development and use of the natural and man-made resources of the state’s coastal area and inland waterways, including lakes, rivers, canals, as well as islands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs and erosion prone area. The secretary will have the power and duties to oversee that coordinated and compre..
Read More
Town of North Salem Freshwater Wetlands Ordinance
Date Added: Monday, May 8, 2017Erosion & Sedimentation Control, Scenic Resources, Stormwater Management, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
This law states the Town Board’s rationale for protecting wetlands within the Town of North Castle, NY. Some of the stated reasons include: the import role the wetlands have in cleaning the water supply, their function as a habitat for plant, fish and wildlife species, their role in absorbing stormwater, and their importance as a scenic resource. ..
Read More
Town of North Salem Historic Road Preservation Ordinance
Date Added: Monday, May 8, 2017Historic Preservation, Transportation & Land Use Planning
New York
Municipal
This law designed to protect and preserve historical roads in the Town of North Salem, NY. The law is designed to accomplish this by: (1) designating, protecting, preserving and maintaining certain roads within North Salem which shall qualify, under the definition stated in this chapter, as historic roads, (2) setting forth criteria for designation of roads within the Town, which may be found to qualify, (3) prescribing guidelines for maintenance of these historic roads, and (4) providing for the educational, cultural, recreational, environmen..
Read More
Town of North Hempstead Planned Unit Development District
Date Added: Monday, May 8, 2017Comprehensive Planning, Subdivision Regulations
New York
Municipal
Chapter 79, Article XD requires certain zoning specifications for The Planned Unit Development District (PUD). These specifications relate to: landscaping, water conservation, utilities, sewage, disposal, garbage and refuse facilities, signs and fences and other aspects of the PUD. In erecting the development, building’s population, density, height, plot area, setbacks, lot coverage, and parking facilities must all be considered. ..
Read More
Town of North Castle Trees Ordinance
Date Added: Monday, May 8, 2017Open Space Preservation, Tree Preservation & Protection
New York
Municipal
This law creates and charges the Tree Board with the duties of studying, investigating, counseling and developing or updating a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Town Board and, upon its acceptance and approval, shall constitute the official comprehensive town tree plan for the Town of North Castle, State of New York. The Tree Board, when requested by the Town Board, shal..
Read More
Town of North Castle Parkland Reservations Ordinance
Date Added: Monday, May 8, 2017Recreational Uses, Site Plan Approval, Zoning
New York
Municipal
It is the intent of the Town Board to require the provision of parkland and recreation land in conjunction with the granting of site development plan approval for multifamily uses in all zoning districts of the Town of North Castle where such uses are permitted. The Town of North Castle finds that multifamily housing places an added burden on the Town of North Castle in regard to providing adequate park and recreation areas to service the needs of the inhabitants of such housing. In the event that it is not practical, in the opinion of the Plan..
Read More
Town of North Castle Moratorium Ordinance
Date Added: Monday, May 8, 2017Moratoria, Open Space Preservation
New York
Municipal
As a result of the negative impact residential development has had on the environment of North Castle, the damage to the Town’s natural resources, the loss of open space, and the ability of the infrastructure of Town and special district facilities and services to adequately serve Town residents, along with other factors; the Town Board has enacted this moratorium. It has been specifically determined to be necessary in order to prevent the final approval of any further residential subdivisions Townwide and any new construction or large scale ..
Read More
Town of North Castle Hilltops, Ridgelines & Steep Slopes Ordinance
Date Added: Monday, May 8, 2017Ridgeline Protection, Steep Slope Protection, Zoning
New York
Municipal
§ 213-17 of the Town Code for the Town of North Castle was enacted for the purpose of preventing erosion, minimizing stormwater runoff and flooding, and preserving the Town's character and property values. The means by which the Town attempts to reach this goal is by preventing the development of hilltops, ridgelines and steep slopes...
Read More
Township of Bernards Tree Removal & Protection Ordinance
Date Added: Monday, May 8, 2017Local Environmental Law, Tree Preservation & Protection, Timber Harvesting
New Jersey
Municipal
This tree preservation ordinance contains requirements for the number of trees that must replace a tree removed by developers, based on the size of the removed tree. Because it is not always physically possible to fit the required number of trees onto a parcel, a controversial amendment was added that requires a developer to pay $300 per required tree that cannot be planted. The money is donated to the Shade Tree Commission so that trees can be planted in other parts of town. ..
Read More
Township of Chesterfield Transfer of Development Rights Ordinance
Date Added: Monday, May 8, 2017Transfer of Development Rights (TDR), Natural Resource Protection & Conservation
New Jersey
Municipal
The transfer of development rights program allows for the shifting of development pressure from agricultural, environmentally sensitive, or open space areas of the township to villages designated for limited growth. The program allows the township to maintain its rural character while encouraging planned development. Land is preserved by transferring development rights from “sending areas” in rural parts of the township to three existing villages and one new village that have been designated as “receiving areas” within community development b..
Read More
Town of New Windsor Stormwater Management & Stormwater Pollution Prevention
Date Added: Monday, May 8, 2017Local Environmental Law, Stormwater Management, Watershed Protection
New York
Municipal
This law adopts minimally acceptable stormwater management standards which must be met for subdivisions, site plans, and construction projects which impact more than one acre of property within the bounds of the Town. ..
Read More
Town of Newtown Zoning Ordinance
Date Added: Monday, May 8, 2017Agriculture, Zoning, Natural Resource Protection & Conservation, Farmland Protection & Preservation
Connecticut
Municipal
The town of Newtown created a conservation and agriculture zone, which, in part, is focused on the retention of agriculture as a beneficial industry within the town. No land or structure within the zone may be altered except for the purposes of natural resource conservation or farming...
Read More
Town of New Paltz Wallkill River Recreation Overlay District
Date Added: Monday, May 8, 2017Comprehensive Planning, Floodplain Regulations, Open Space Preservation, Overlay District, Recreational Uses, Smart Growth, Wildlife & Fish Habitat
New York
Municipal
This law creates the Wallkill River Recreation District, which is to be an area that serves the combined purposes of recreation, open space preservation, floodplain management, wildlife protection and scenic resource preservation. The law outlines the procedures for obtaining land to be used in the project and creates restrictions to be placed on these lands once they become part of the project. The 2011 amendment adds “The public hearing upon the application for renewal of such special permits shall be noticed in accordance with Article XVI, ..
Read More
Town of New Paltz Steep Slope Protection Ordinance
Date Added: Monday, May 8, 2017Erosion & Sedimentation Control, Flood Prevention, Scenic Resources, Steep Slope Protection, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
This law is designed to protect the physical and aesthetic integrity of steep sloping topographic features in the Town of New Paltz. To this end, the law places restrictions on the construction methods used by builders in sensitive areas, and creates a permit process one must go through to get approval to build. ..
Read More
Town of North Castle Wetlands Purpose Ordinance
Date Added: Monday, May 8, 2017Adult Entertainment, Erosion & Sedimentation Control, Scenic Resources, Stormwater Management, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
This law states the Town Board’s rationale for protecting wetlands within the Town of North Castle, NY. Some of the stated reasons include: the import role the wetlands have in cleaning the water supply, their function as a habitat for plant, fish and wildlife species, their role in absorbing stormwater, and their importance as a scenic resource. ..
Read More
County of North Castle Planned, Hamlet or Village Bonus for Affordable Housing Ordinance
Date Added: Monday, May 8, 2017Affordable Housing , Incentive Zoning
Delaware
Municipal
This law states that a developer can propose a ten percent density increase if the development meets certain requirements. Requirements include at least fifty percent of additional units be reserved as affordable housing. The ordinance provides a detailed example that carefully outlines the calculations of a mock proposal. Sec. 40.07.310 lists general standards required of all affordable housing projects. ..
Read More
City of Newburgh Environmental Constraints Ordinance
Date Added: Monday, May 8, 2017Environmental Compliance, Local Environmental Law, Steep Slope Protection, Wetlands & Watercourse Protection
New York
Municipal
This law limits the areas within the City of Newburgh, NY in which construction can take place, as a means of protecting environmentally sensitive areas. Particularly, this law places restrictions on construction in wetland and watercourse areas, as well as steep slope areas. ..
Read More
New York State Land Use Enabling Acts
Date Added: Monday, May 8, 2017Land Use Planning, Local Governance, State Land Use Law, Zoning
New York
State
Parallel provisions of New York State’s Town, Village, and General City Law grant local governments powers to zone similar to those granted by the Standard State Zoning Enabling Act (SZEA) promulgated by the U.S. Department of Commerce in the 1920s. New York State encourages, but does not require, local governments to adopt comprehensive plans, and state statutes enumerate 15 topics that may be included in comprehensive plans. Local governments have considerable additional powers to regulate local land use under the home rule provisions of the ..
Read More
New York State Coastal Erosion Hazard Areas Act
Date Added: Monday, May 8, 2017Coastal Protection, Development Standards, Erosion & Sedimentation Control, State Land Use Law, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
New York
State
The statute calls for the identification and mapping of coastal erosion hazard areas within the state by the commissioner of the state Department of Environmental Protection (DEP) and for local governments to formulate an erosion hazard area ordinance or local law, to be reviewed by the commissioner. The commissioner also adopts regulations establishing minimum standards for development in erosion hazard areas. Any person wishing to undertake development in an erosion hazard area must obtain a permit from the DEC...
Read More
State of New Hampshire State Land Use Enabling Act
Date Added: Sunday, May 7, 2017Comprehensive Planning, Land Use Planning, Local Governance, State Land Use Law
New Hampshire
State
New Hampshire does not require local governments to adopt zoning, but if a local government chooses to zone it is required first to adopt a master plan. The master plan must include a vision section and a land use element. It may also include transportation, community facilities, economic development, natural resources, natural hazards, and recreation elements. The state’s grant of power to local governments extends the purposes of the Standard State Zoning Enabling Act to expressly include the use of innovative planning techniques and the use..
Read More
State of North Carolina Wildlife Habitat Protection Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Wildlife & Fish Habitat
North Carolina
State
Cities and counties have some authority over wildlife habitat protection by virtue of their ability to implement watershed improvement projects, which are defined at § 139-3(17) as those involving flood prevention, drainage improvement, water supply, soil and water conservation, recreation facilities, fish and wildlife habitat, or other related purposes. (See Watershed Planning, above.) However, North Carolina gives primary responsibility for protecting wildlife habitat to the state-level Natural Heritage Program under the Nature Preserves Act,..
Read More
State of North Carolina Wetlands Protection Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Wetlands & Watercourse Protection
North Carolina
State
Cities and counties have a fairly limited role in wetlands protection. The provisions for North Carolina’s Wetlands Restoration Program are found at §§ 143-214.8 to 214.13 within Article 21 of Chapter 143. It is a statewide, non-regulatory program established within and operated by the North Carolina Department of Environment and Natural Resources (DENR) for the purposes of restoring wetlands and replacing critical wetlands functions. § 143-214.8, § 143-214.9. As part of the program, DENR manages a Wetlands Restoration Fund, through which local..
Read More
State of North Carolina Watercourse Protection Ordinance
Date Added: Sunday, May 7, 2017Buffer Zones, State Land Use Law, Wetlands & Watercourse Protection
North Carolina
State
Watercourse protection in North Carolina falls primarily to the North Carolina Department of Environment and Natural Resources (DENR), although local governments may apply for a limited role. DENR is responsible for promulgating rules for riparian buffer protection to safeguard watercourses. Under § 143-214.23, a local government may request that DENR delegate responsibility for implementing any riparian buffer protection programs the Department may implement.
Additionally, DENR administers the Natural and Scenic Rivers Act of 1971, located ..
Read More
State of North Carolina Tree Preservation Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Tree Preservation & Protection
North Carolina
State
North Carolina does not have specific enabling legislation allowing cities and counties to regulate tree preservation. Nevertheless, a number of local governments have passed ordinances dealing with tree preservation, including the Cities of Charlotte and Greensboro. The City of Greensboro cited its general power to pass ordinances under § 160-174 as authority for creating its Advisory Commission on Trees, which manages its Tree Preservation Ordinance. GREENSBORO, NC CODE §§ 30-9-13 et. seq., §§ 30-5-4...
Read More
State of North Carolina Subdivision Regulations Ordinances
Date Added: Sunday, May 7, 2017State Land Use Law, Subdivision Approvals, Subdivision Regulations
North Carolina
State
Section 153A-330 authorizes counties to regulate subdivisions, which are defined by § 153A-335 as the sale of two or more lots of less than 10 acres from previously undivided land, excluding the division of less than two acres into no more than three lots. If a county has chosen to zone only portions of its jurisdiction, it may adopt subdivision regulations that apply only within those portions. Section 153A-331 allows counties to include provisions in their subdivision ordinances to ensure the following: the public dedication or reservation of..
Read More
State of North Carolina Stormwater Management Ordinance – Counties
Date Added: Sunday, May 7, 2017State Land Use Law, Stormwater Management
North Carolina
State
Under § 153A-275, counties have the authority to own, maintain, and operate “public enterprises” inside or outside their borders, and to protect and regulate such public enterprises by “adequate and reasonable rules.” Stormwater management programs “designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater” are explicitly included in the definition of “public enterprises” over which counties have such authority. § 153A-274(7). Under § 153A-277, counties have the power to fix and enforc..
Read More
State of North Carolina Stormwater Management Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Stormwater Management
North Carolina
State
Under § 160A-312, cities have the authority to own, maintain, and operate “public enterprises” inside or outside their corporate limits, and to protect and regulate such public enterprises by “adequate and reasonable rules.” Stormwater management programs “designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater” are explicitly included in the definition of “public enterprises” over which cities have such authority. § 160A-311(10). Under § 160A-314, cities have the power to fix and en..
Read More
State of North Carolina Statutory Rules Ordinance – Counties
Date Added: Sunday, May 7, 2017Local Governance, State Land Use Law
North Carolina
State
In 1973, the North Carolina General Assembly adopted § 153-4, which provides that “the counties of this state should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law. To this end, the provisions of this Chapter and of local acts shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect.” Thus counties are granted the same legislative rule of broa..
Read More
State of North Carolina Statutory Rules Ordinance – Cities
Date Added: Sunday, May 7, 2017Local Governance, State Land Use Law
North Carolina
State
In 1971, North Carolina adopted a legislative rule of broad construction of powers delegated to cities. Section 160A-4 provides that “the cities of this state should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law. To this end, the provisions of this Chapter and of the city charters shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect.”
..
Read More
State of North Carolina Zoning Enabling Act
Date Added: Sunday, May 7, 2017Local Boards, State Land Use Law, Zoning
North Carolina
State
Grant of power
Section 153A-340 permits, but does not require, counties to pass zoning ordinances for the purpose of promoting health, safety, morals, or the general welfare of the community. These ordinances may regulate and restrict the size, location, and use of buildings and other structures; the percentage of lots that may be occupied; the size of yards and other open spaces; and population density. This section also allows counties to provide density credits or severable development rights pursuant to § 136-66.10 or § 136-66.11, and to..
Read More
State of North Carolina Scenic Resource Protection Ordinance
Date Added: Sunday, May 7, 2017Scenic Resources, State Land Use Law, Natural Resource Protection & Conservation
North Carolina
State
At § 160A-402, the North Carolina General Assembly declares that “the rapid growth and spread of urban development in the state” is threatening many open spaces and areas that have significant “scenic or esthetic values,” and that cities and counties should have the authority to spend public funds to acquire property interests in such open spaces and areas to protect them. Open spaces and open areas are defined at § 160A-407(a) as “any space or area (i) characterized by great natural scenic beauty or (ii) whose existing openness, natural condit..
Read More
State of North Carolina Regulation of Mountain Ridge Construction by Counties & Cities Ordinance
Date Added: Sunday, May 7, 2017Ridgeline Protection, State Land Use Law
North Carolina
State
Summary inserted Under the Mountain Ridge Protection Act, found within Chapter 113 at Article 14, cities and counties may regulate or ban the construction of buildings and other structures taller than 40 feet on “protected mountain ridges.”§ 113A-208. Section 113A-206 defines “protected mountain ridges” as those at least 3,000 feet above sea level and 500 feet above the adjacent valley floor, and a “ridge” as that portion of a mountain within 100 feet of its crest. Under § 113A-208(d), local governments may also protect lower mountain ridges, a..
Read More
State of North Carolina Overlay Zoning Ordinances – Counties
Date Added: Sunday, May 7, 2017Overlay District, State Land Use Law, Zoning
North Carolina
State
North Carolina affirmatively grants counties the authority to employ overlay zoning at § 153A-342, the general statute that authorizes counties to create zoning districts. Two specific types of overlay districts are explicitly authorized in other provisions. Section 160A-383.1, which is made applicable to counties at § 153A-341.1, allows counties to create manufactured home overlay districts within defined areas of residential districts. Section 160A-400.4 allows the use of overlay districts for the designation of historic districts. Counties m..
Read More
State of North Carolina Overlay Zoning Ordinances – Cities
Date Added: Sunday, May 7, 2017Overlay District, State Land Use Law, Zoning
North Carolina
State
North Carolina affirmatively grants cities the authority to employ overlay zoning at § 160A-382, the general statute that authorizes the creation of districts for zoning. Two specific types of overlay districts are explicitly authorized in other provisions. Section 160A-383.1 allows cities to create manufactured home overlay districts within defined areas of residential districts, and § 160A-400.4 allows their use for the designation of historic districts. Cities may not include in an overlay district land owned by the State of North Carolina w..
Read More
City of Belmont Traditional Neighborhood Development Ordinance
Date Added: Sunday, May 7, 2017Development Standards, Quality of Life, Site Design Standards
North Carolina
Municipal
The intent of the Traditional Neighborhood Development Provision “is to minimize traffic congestion, suburban sprawl, infrastructure costs, and environmental degradation”. The ordinance contains general standards and provisions, in addition to design standards for public and civic areas, shop fronts, businesses, multifamily and single family, and general architectural design standards...
Read More
State of North Carolina Mountain Ridge Protection Act – Counties
Date Added: Sunday, May 7, 2017Ridgeline Protection, State Land Use Law
North Carolina
State
This section authorizes counties to adopt the Mountain Ridge Protection Act and provides that if a county does so, it must comply with all the Act’s provisions unless it specifically removes itself from coverage...
Read More
State of North Carolina Mountain Ridge Protection Act
Date Added: Sunday, May 7, 2017Ridgeline Protection, State Land Use Law
North Carolina
State
This section authorizes cities to adopt the Mountain Ridge Protection Act and provides that if a city does so, it must comply with all the Act’s provisions unless it specifically removes itself from coverage...
Read More
North Carolina Moratoria on Development Ordinances
Date Added: Sunday, May 7, 2017Moratoria, State Land Use Law
North Carolina
State
With the exception of statutorily authorized moratoria on sexually oriented businesses, found at § 160A-181.1(d), North Carolina does not grant local governments the explicit authority to place moratoria on development. However, under §§ 160A-4 and § 153A-4, city and county authority, respectively, is to be broadly construed. Thus, the power of local governments to place moratoria on development can probably be implied from both their general police power and their zoning authority...
Read More
State of North Carolina Landmark Preservation Ordinances
Date Added: Sunday, May 7, 2017Landmark Preservation, State Land Use Law
North Carolina
State
Under the enabling statutes found at Part 3C, Article 19 in Chapter 160A, both cities and counties (“municipalities”) have the authority to designate landmarks as part of a zoning or other ordinance. § 160A-400.2, § 160A-400.5. Before a municipality can establish a landmark, it must appoint a historic preservation commission § 160A-400.7. To designate a landmark, this commission must undertake an inventory of the properties of historic, architectural, prehistorical, and cultural significance within the municipality’s jurisdiction. § 160A-400.6...
Read More
State of North Carolina Historic District Preservation Ordinances
Date Added: Sunday, May 7, 2017Historic District Preservation, State Land Use Law
North Carolina
State
Under the enabling statutes found within Chapter 160A, Article 19, at Part 3C, both cities and counties (“municipalities”) have the authority to establish historic districts and designate landmarks as part of a zoning or other ordinance. § 160A-400.2, § 160A-400.4. “Such ordinances may treat historic districts as either a separate use district classification or as districts which overlay other zoning districts.” § 160A-400.4. Before a municipality can establish a historic district, it must appoint a historic preservation commission. § 160A-400...
Read More
State of North Carolina Floodplain Protection Ordinances
Date Added: Sunday, May 7, 2017Flood Prevention, Floodplain Regulations, State Land Use Law
North Carolina
State
Provisions regarding the authority of local governments to regulate use in floodplains are found in Part 6, Article 21, of Chapter 143. Under § 143-215.54, local governments are authorized to adopt ordinances to regulate uses in flood hazard areas and to grant permits for use in such areas. Flood hazard areas are defined at § 143-252(1d) as areas that local government has determined that development must be regulated in order to prevent flood damage. Base floodplains, defined at § 143-252(1b) as areas subject to a 1% or greater chance of floodi..
Read More
State of North Carolina Erosion & Sedimentation Control Ordinances
Date Added: Sunday, May 7, 2017Erosion & Sedimentation Control, State Land Use Law
North Carolina
State
Under the Conservation and Historic Preservation Agreements Act, found at Article 4 within Chapter 121, local governments have the authority to acquire conservation easements and other interests in property for the purpose of preventing activities that are detrimental to erosion control or soil conservation. § 121-35(1)(vii), § 121-37. (See Conservation Easements, above.) North Carolina gives primary responsibility for erosion and sedimentation control to the Department of Environment and Natural Resource’s Sedimentation Control Commission, pur..
Read More
State of North Carolina Environmental Impact Review Procedures
Date Added: Sunday, May 7, 2017Environmental Impact Review Requirements, State Land Use Law
North Carolina
State
North Carolina’s Environmental Policy Act, found at Article 1 in Chapter 113A, is modeled on the National Environmental Policy Act (NEPA). The act applies to state agencies, but not local agencies. Under § 113A-8 of the act, however, local governments may require by ordinance “any special-purpose unit of the government or private developer of a major development project” to submit an environmental impact statement, as defined at § 113A-4(2). Any such ordinance must be applied consistently and shall exempt projects for which an EIS or its equiva..
Read More
State of North Carolina Emission of Pollutants or Contaminants Ordinance
Date Added: Sunday, May 7, 2017Emissions, State Land Use Law
North Carolina
State
Under § 160A-185, cities have the authority to pass ordinances that regulate or prohibit the emission of pollutants that “tend to pollute or contaminate the land, water, or air.” This section also gives cities the power to enact ordinances to regulate the illegal disposal of solid waste and to provide for enforcement of such ordinances by civil penalties. Any ordinance passed under this section must be “consistent with and supplementary to State and federal laws and regulations.”..
Read More
State of North Carolina Design Control Ordinances
Date Added: Sunday, May 7, 2017Local Boards, State Land Use Law, Architectural Design Control
North Carolina
State
Part 7 of Article 19 in Chapter 160A details the authority to cities and counties to create community appearance commissions. Section 160A-451 permits a city or county to create an official appearance commission. This commission is required to study the “visual problems” within the local government’s jurisdiction and make plans to carry out programs that will “enhance and improve” the city or county’s “visual quality and aesthetic characteristics.” § 160A-452. In addition to other its powers and duties, the commission may advise the planning ag..
Read More
State of North Carolina Agricultural Land Protection Ordinance – Counties
Date Added: Sunday, May 7, 2017Open Space Preservation, Agriculture, State Land Use Law, Farmland Protection & Preservation
North Carolina
State
Counties have all the same powers with regard to agricultural land protection as cities have (see above). Additionally, counties have further authority, not provided to cities, under the Farmland Preservation Enabling Act, located at Article 61 within Chapter 106. Under § 106-736, counties may establish by ordinance a farmland preservation program. Such a program must provide for the establishment of voluntary agricultural districts consisting of a minimum number of acres (to be determined by the board of commissioners) and the formation of suc..
Read More
State of North Carolina Agricultural Land Protection Ordinance - Cities
Date Added: Sunday, May 7, 2017Historic Preservation, Open Space Preservation, Agriculture, State Land Use Law, Farmland Protection & Preservation
North Carolina
State
Under the Conservation and Historic Preservation Agreements Act, found at Article 4 within Chapter 121, cities have the authority to acquire conservation easements and other interests in property for the purpose of retaining the land for, among other uses, agriculture, horticulture, and farming. § 121-35, § 121-37. (See Conservation Easements, above.) Additionally, North Carolina has a statutorily stated goal of preserving one million acres of farm lands, open space, and conservation lands by 2009. §§ 113A-240, 241. However, the provisions of t..
Read More
State of North Carolina Low & Moderate Income Housing Programs
Date Added: Sunday, May 7, 2017Affordable Housing , State Land Use Law, Zoning
North Carolina
State
This ordinance allows counties to exercise enumerated powers in creating affordable housing...
Read More
State of North Carolina Adult Entertainment Ordinances
Date Added: Sunday, May 7, 2017Adult Entertainment, State Land Use Law
North Carolina
State
Section 160A-181.1 authorizes cities and counties to regulate sexually oriented businesses through zoning ordinances, licensing requirements, or other “appropriate ordinances.” Such regulations may include, but are not limited to: restrictions on the location; restrictions on operations, including, inter alia, hours and exterior advertising and noise; reasonable moratoria on new or expanded facilities while studies are conducted and ordinances are considered; and requirements that existing businesses come into compliance with new ordinances. § ..
Read More
State of North Carolina Watershed Improvement Programs Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Watershed Planning
North Carolina
State
All counties are authorized to create watershed improvement programs and required to implement water-supply watershed protection programs (see Water-Supply Watershed Planning, below). Section 153A-440.1 gives counties the authority to establish and maintain a county watershed program pursuant to § 139-41 or § 139-41.1 in Article 3 of Chapter 139. Section 139-41 provides that if a majority of voters in a county approves the levying of a watershed improvement tax, the board of county commissioners will have all the powers of “soil and water conse..
Read More
Town of Mount Pleasant Stormwater Management & Erosion & Sediment Control Ordinance
Date Added: Sunday, May 7, 2017Erosion & Sedimentation Control, Stormwater Management, Natural Resource Protection & Conservation
New York
Municipal
This law is designed to mitigate the effects of stormwater runoff, by establishing minimum stormwater management requirements and controls. The Town Board is empowered to create this law and regulate on this subject matter, in order to protect the general health, safety and well-being of its citizens, as provided by the Municipal Home Rule Law of New York...
Read More
Township of Mount Laurel Low & Moderate Income Housing – Enforcement; Violations & Penalties Ordinance
Date Added: Sunday, May 7, 2017Affordable Housing , Enforcement, Zoning
New Jersey
Municipal
Part II of General Legislation, Chapter 154, Article XVI, Section 154-131.14 D requires the township to encourage the resolution of disputes which violate the other provisions of the article through mediation and conciliation efforts...
Read More
City of Hannibal Planned Density Residential District Ordinance
Date Added: Sunday, May 7, 2017Planned Development Districts, Smart Growth, Zoning, Density
Missouri
Municipal
The Planned Density Residential District is established to ensure adequate infrastructure support and allow for flexibility of use of the land by developers. It requires increasing open space as a percentage of land as the number of residential units being built increases. The Rural District is to provide space for agricultural uses and the orderly transfer of land to urban uses, while the Agricultural District is solely for the former...
Read More
City of Clayton Planned Unit Development District Ordinance
Date Added: Sunday, May 7, 2017Planned Unit Development, Smart Growth
Missouri
Municipal
This ordinance establishes planned unit developments which support flexibility and innovative medium- and large-scale development in residential and commercial areas. It is intended to preserve natural features and functions (erosion control) and promote an aesthetically pleasing environment for residents and workers...
Read More
City of Modesto Density Bonus Ordinance
Date Added: Sunday, May 7, 2017Affordable Housing , Incentive Zoning, Density
California
Municipal
Under the Density Bonus Ordinance, Modesto’s density bonuses are awarded in relation to the percentage of affordable units provided. If a developer shows economic necessity, an additional incentive may be provided by the city (reduction in site development standards, modification of zoning requirements, financial incentives, and donation of land). A 25% density bonus may be awarded for condominium conversions if 33% of the total units are for moderate income, or 15% are reserved for low-income. A ten-year restriction is placed on the deed if..
Read More
Land Use Law Center’s Model Critical Environmental Area Overlay District
Date Added: Sunday, May 7, 2017Overlay District, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
New York
State
The following is a model law that can be used by municipalities to protect wildlife habitat and other critical environmental areas. ..
Read More
City of Minneapolis Pedestrian Oriented Overlay District Ordinance
Date Added: Sunday, May 7, 2017Overlay District, Pedestrian Oriented Design (POD), Transit Oriented Development (TOD)
Minnesota
Municipal
The City Code of Minneapolis, Minnesota provides for pedestrian oriented overlay districts (“PO”) for smaller sized areas throughout the city in the vicinity of public transit service stations (bus, train, or both) that consist of regulations aimed to promote pedestrian activity and street life in addition to the underlying zone’s original regulations. The city recently constructed Metro Transit Hiawatha Light Rail Line that makes 17 stops between the popular Mall of America and downtown Minneapolis, with dozen of bus routes timed to connect w..
Read More
Town of Mendon Nonconforming Uses & Structures Ordinance
Date Added: Sunday, May 7, 2017Nonconforming Uses, Zoning
New York
Municipal
This law creates regulations and prohibitions concerning nonconforming uses and structures in the Town of Mendon, NY. ..
Read More
Town of Mendon Environmental Protection Overlay Districts Ordinance
Date Added: Sunday, May 7, 2017Erosion & Sedimentation Control, Flood Prevention, Historic Preservation, Official Map, Overlay District, Scenic Resources, Sewage Management, Steep Slope Protection, Timber Harvesting, Zoning, Wetlands & Watercourse Protection
New York
Municipal
This law creates environmental protection overlay districts for the Town of Mendon, NY. The districts include: Wetland Protection Overlay District, Steep Slope Protection Overlay District, Watercourse Protection Overlay District, Scenic Vista Protection Overlay District, Historic Preservation Overlay District, Waste Disposal Overlay District, Woodlot and Timber Harvesting Protection Overlay District, Flood Damage Prevention Overlay District, and Soils Susceptible to Ponding Overlay District. ..
Read More
County of Frederick Forest Banking Program
Date Added: Sunday, May 7, 2017Forest Management, Tree Preservation & Protection
Delaware
Municipal
The County of Frederick Forest Banking program allows a person to create new forest areas or designate certain existing forest areas to be held in reserve, in order to be used to meet future forestation requirements imposed on regulated activities by this Ordinance...
Read More
City of Mansfield Natural Resources Management Ordinance
Date Added: Sunday, May 7, 2017Landscaping, Tree Preservation & Protection, Natural Resource Protection & Conservation
Texas
Municipal
This ordinance establishes criteria and regulations for the preservation of trees within the City. The purpose of this ordinance is to promote site planning which furthers the preservation of mature trees and natural areas, to protect trees during construction; to facilitate site design and construction, which contribute to the long term viability of existing trees. This ordinance also requires that persons must obtain a tree removal permit before cutting down, destroying, or removing any protected tree as defined by the ordinance. ..
Read More
Town of La Grange Training Requirements for Planning Board Members Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
New York
Municipal
This law requires land use training for planning board members in The Town of La Grange. This law also enumerates other powers and duties of the Planning Board...
Read More
Town of Goshen Training Requirements for Appointed Board Members Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
New York
Municipal
This law requires land use training for members of the Planning Board, the Zoning Board of Appeals and the Environmental Review Board in the Town of Goshen. The reason for the requirements is that the Town finds that ongoing continuing education is critical to the proper function of the Boards and is necessary to bring about reasoned action on submitted applications. Board members that do not comply with these zoning requirements can be removed by the Town board, after hearing, from their position. ..
Read More
Town of Clarkstown Training Requirements for Appointed Board Members Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
New York
Municipal
This law requires members of planning and zoning boards of appeal in Clarkstown to receive training related to their position. It follows the Rockland Municipal Planning Federation’s sample law...
Read More
State of South Carolina Educational Requirements Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
South Carolina
State
This law requires land use training for members of planning and zoning boards of appeal and related employees in South Carolina. The law requires that planning board and zoning board of appeals members and employees attend an initial training program at the beginning of their tenure and then attend annual training programs thereafter. All programs must be approved by an advisory committee and the topic of the program can include land use planning, zoning, transportation, ethics, public hearing procedure, housing, land subdivision, and the pow..
Read More
County of Rockland Proposed Resolution for Certification of Municipal Planning & Zoning Board Members
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training, Zoning
New York
Municipal
This is a sample resolution provided by the Rockland Municipal Planning Federation for municipalities within the county to adopt. The resolution requires land use training of Planning Boards and Zoning Boards of Appeal...
Read More
County of Rockland Mandatory Training Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
New York
Municipal
This is a sample law provided by the Rockland Municipal Planning Federation for municipalities within the county to adopt. The resolution requires land use training of Planning Boards and Zoning Boards of Appeal. ..
Read More
State of Nevada Training Requirements Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
Nevada
State
This law requires land use training for town advisory boards in Nevada...
Read More
State of Kentucky Orientation & Continuing Education Training for Planning & Zoning Officials & Staff Ordinance
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training
Kentucky
State
This law requires land use training for planning and zoning board of appeals members in Kentucky. The law became effective on June 21, 2001...
Read More
Town of Mamaroneck Recreation District Ordinance
Date Added: Sunday, May 7, 2017Recreational Uses, Zoning
New York
Municipal
Chapter 240 of Mamaroneck’s Town Code creates the Recreation District and describes the qualities of such district...
Read More
Town of Mamaroneck Erosion & Sediment Control Ordinance
Date Added: Sunday, May 7, 2017Erosion & Sedimentation Control, Flood Prevention, Quality of Life, Stormwater Management, Watershed Protection
New York
Municipal
The intent of the enactment of the below regulations is to control and regulate land-disturbing activities to assure that best management practices are used which minimize water pollution, retain valuable topsoil and vegetation and prevent flooding, erosion and sedimentation. The Town therefore declares that the purpose of this chapter is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development ..
Read More
Town of Mamaroneck Coastal Zone Management Ordinance
Date Added: Sunday, May 7, 2017Coastal Protection, Intermunicipal Agreements
New York
Municipal
The purpose of this statute is to establish the Coastal Zone Management Commission to monitor and coordinate the implementation of the Local Waterfront Revitalization Program of the Town of Mamaroneck and the Village of Larchmont. According to this statute, the Commission must consist of 11 members (five residents of Larchmont appointed by the Village of Larchmont, five residents of the unincorporated area of Mamaroneck appointed by the Town of Mamaroneck, and 1 chair appointed by both municipalities). Members must serve without compensation...
Read More
Town of Mamaroneck Conservation Areas Ordinance
Date Added: Sunday, May 7, 2017Open Space Preservation, Recreational Uses, Natural Resource Protection & Conservation
New York
Municipal
Local Law No. 3-1966 of the Town of Mamaroneck details what types of places or areas within the Town amount to conservation areas. The several parts of § 77 explain what special regulations apply to such areas; § 77-17 sets out the penalty for noncompliance with the rules governing Conservation Areas in Mamaroneck...
Read More
Town of Malta Planned Development Districts – Zoning Ordinance
Date Added: Sunday, May 7, 2017Planned Development Districts, Zoning
New York
Municipal
Chapter 167 of the Town Code for the Town of Malta sets forth the requirements for developing the planned development district. The regulations imposed on the developer include size requirements of developments, the set-asides for work-force, and specifications related to retirement housing. The planning board may also add additional requirements which are deemed necessary. There is an automatic termination within 5 years if site plan approval or the building permit has not been obtained, or construction has yet to commence...
Read More
Town of Malta Open Space Development & Preservation Ordinance
Date Added: Saturday, May 6, 2017Affordable Housing , Clustering & Cluster Development, Open Space Preservation
New York
Municipal
This law was created for the purpose of requiring open space development for any subdivision of land 20 acres or greater within the Town of Malta. The goal of the law is to promote the better use of open spaces, recreational development, existing topography and natural features, design, and to provide for economics inherent with open space development. This law empowers the Planning Board of the Town of Malta, acting in a manner which would promote the above goals, to approve, approve with modifications or disapprove open space development pr..
Read More
Town of Malta Knolls Eleven Planned Development District
Date Added: Saturday, May 6, 2017Development Standards, Planned Development Districts, Site Design Standards, Site Plan Approval
New York
Municipal
Chapter 167, § 167-27 provides specifications for the creation of a planned development district. These requirements include a newly created dwelling with approvals for water, sewage, drainage systems all with specified sizes and locations. Other requirements and restrictions on the developers are set forth as well...
Read More
Town of Malta Historic Preservation Ordinance
Date Added: Saturday, May 6, 2017Historic Preservation, Landmarks & Historical Districts
New York
Municipal
Article XV, Chapter 167 of the Town Code for the Town of Malta regulates the use of historic areas of the town. The Chapter declares the protection and enhancement of landmarks and historic districts as a necessary matter of public policy for the promotion of economic, cultural and general welfare of the Town...
Read More
Town of Malta Environmental Board Ordinance
Date Added: Saturday, May 6, 2017Local Boards, Local Environmental Law, Natural Resource Protection & Conservation
New York
Municipal
The legislature’s intent in drafting Chapter 8 of the Town Code for the Town of Malta is to preserve and improve the quality of the natural and man-made environment within the Town. This has become more challenging in the face of population growth, urbanization, and technological change and its effect on the environment all of which impact the health, welfare and economic well-being of present and future inhabitants of the Town. Chapter 8 creates an Environmental Board which is charged with seeing that these goals are pursued. ..
Read More
Town of Malta Department of Building & Planning Ordinance
Date Added: Saturday, May 6, 2017Local Boards, Site Design Standards, Site Plan Approval, Zoning
New York
Municipal
Chapter 3 of the Town Code for the Town of Malta creates the Department of Building and Planning in order to provide for the efficient administration and enforcement of laws relating to planning, zoning, fire safety and prevention, building construction, the environment, development, master planning and such other areas the Town Board may deem appropriate...
Read More
Town of Malta Planning Board & Zoning Board of Appeals Ordinance
Date Added: Saturday, May 6, 2017Local Boards, Zoning
New York
Municipal
This chapter of the Town Code of the town of Malta applies to the appointment, terms, functions and powers of alternate members to those appointed to serve on the Planning Board/Zoning Board of Appeals in the Town. The use of such alternate members to fill in for those that are absent is authorized pursuant to the provisions of the chapter...
Read More
State of Massachusetts Municipal Growth & Development Policy Committees Ordinance
Date Added: Saturday, May 6, 2017Development Standards, Intermunicipal Agreements, Local Boards, Local Governance, Smart Growth
Massachusetts
State
A growth and development policy committee consisting of two or more municipalities may be established under this statute and “engage in all acts and conduct for the purpose of intergovernmental planning of balanced growth and development issues.” Paragraph one broadly defines “balanced growth and development issues.” Subject to the committee’s comment and review are issues which may have a “significant impact upon the health, safety or welfare of the member municipalities’ citizens, including issues pertaining to growth management and land us..
Read More
State of Massachusetts Forest Cutting Practices & Timber Harvesting Ordinance
Date Added: Saturday, May 6, 2017Forest Management, Timber Harvesting, Natural Resource Protection & Conservation
Massachusetts
State
The regulation of forest cutting practices appears to rest solely with the state of Massachusetts. Regulations and licensing are found under Chapter one hundred and thirty-two of the General Laws of Massachusetts. MASS. GEN. Laws. ch. 132 (2004). The state declares its intention to protect forest lands in section forty of this chapter. Other helpful statutes defining terms and objectives are included below...
Read More
State of Massachusetts Protection of Floodplains, Seacoasts, and Other Wetlands Ordinance
Date Added: Saturday, May 6, 2017Coastal Protection, Floodplain Regulations, Wetlands & Watercourse Protection
Massachusetts
State
This statute authorizes a municipality’s conservation commission, authorized and formed under section eight(c) of chapter forty, to review applications of projects that may affect natural areas, including areas prone to flooding (floodplains). See paragraph one. The commission is authorized in paragraph seventeen to impose conditions on the submitted application to achieve its purpose of protecting floodplains. Under certain circumstances, such as when the commission fails to hold a public hearing or when it fails to make a final determination..
Read More
State of Massachusetts Constitutional Rights & Objectives – Natural Resource Protection
Date Added: Saturday, May 6, 2017Wildlife & Fish Habitat, Natural Resource Protection & Conservation
Massachusetts
State
This article declares the broad purpose and intent of the State to protect the state’s environment, including protection of wildlife, natural resources relating to air, land water, and recreational land uses. ..
Read More
State of Massachusetts Conservation Restrictions Ordinance
Date Added: Saturday, May 6, 2017Affordable Housing , Farmland Protection & Preservation, Wetlands & Watercourse Protection, Conservation Districts & Subdivisions
Massachusetts
State
This statute grants the authority to “any governmental body” to acquire and hold conservation restrictions for purposes including conservation of land or water area. The restriction is subject to approval by the secretary of environmental affairs. In determining whether the restriction is in the public interest, the governmental body shall take into consideration the public interest in conservation and any national, state, regional, and local program as well as any public state, regional, or local comprehensive land use or development plan af..
Read More
State of Massachusetts Conservation Commissions Ordinance
Date Added: Saturday, May 6, 2017Floodplain Regulations, Local Boards, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
Massachusetts
State
This statute grants conservation commissions regulatory authority over the use of flood plains. The statute authorizes a city or town to establish a conservation commission for the promotion and development of the natural resources and for the protection of watershed resources of the city or town. Such commission may adopt rules and regulations governing the use of land and waters under its control to achieve its purpose. Its authorities include the study of land and water and subsequent creation of plans and maps consistent with the town ma..
Read More
State of Massachusetts Cluster Development by Special Use Permit Ordinance
Date Added: Saturday, May 6, 2017Development Standards, Clustering & Cluster Development, Zoning
Massachusetts
State
Section nine of chapter 40A authorizes zoning ordinances or by-laws to provide for special permits for uses that are in harmony with the general purpose and intent of the ordinance or bylaw, including special permits for cluster developments. Such cluster developments are to be permitted upon review and approval by a planning board pursuant to the subdivision control laws of chapter forty-one, sections 81K to 81GG inclusive. See paragraph six. Paragraph seven defines cluster development, as among other things, residential developments separa..
Read More
State of Massachusetts Conservation Commissions Ordinance
Date Added: Saturday, May 6, 2017Aquifer Protection, Local Boards, Natural Resource Protection & Conservation
Massachusetts
State
Chapter 40, § 8C grants conservation commissions implied regulatory authority to protect aquifers. It authorizes a city or town to establish a conservation commission for the promotion and development of the natural resources and for the protection of watershed resources of the city or town. Such commission may adopt rules and regulations governing the use of land and waters under its control to achieve its purpose. Its authorities further include the study of land and water and subsequent creation of plans and maps consistent with the town ma..
Read More
State of Massachusetts Agricultural Incentive Areas Ordinance
Date Added: Saturday, May 6, 2017Incentive Zoning, Agriculture, Farmland Protection & Preservation
Massachusetts
State
This statute authorizes a city or town to determine and designate agricultural land or land with horticultural use as agricultural incentive areas upon consultation with, and review by local and regional planning and zoning boards. Section two of this statute authorizes a municipality to establish an agricultural incentive area committee for purposes of performing the functions under this chapter, “Agricultural Incentive Areas,” namely the preservation of agricultural or horticultural lands via the designation of agricultural incentive areas a..
Read More
State of Massachusetts Affordable Housing Zoning – by Special Use Permit Ordinance
Date Added: Saturday, May 6, 2017Affordable Housing , Zoning
Massachusetts
State
This statute authorizes the issuance of special permits authorizing increases in the permissible density of populations, provided that the applicant provide housing for persons of “low or moderate income. This statute authorizes zoning ordinances or by-laws to provide for special permits for uses that are in harmony with the general purpose and intent of the ordinance or bylaw. Such permits may also impose conditions, safeguards and limitations on time or use. ..
Read More
Long Island Sound Coastal Management Program
Date Added: Saturday, May 6, 2017Coastal Protection, Comprehensive Planning, Intermunicipal Agreements, Natural Resource Protection & Conservation
New York
Municipal
The Long Island Sound Coastal Management Program offers a comprehensive vision for the preservation and development of the Long Island Sound coast in the State of New York. It focuses on four main issues: “The Developed Coast,” which seeks to incorporate the natural landscape of the sound with community development; “The Natural Coast,” which aims to achieve sustainable use of the Sound’s natural resources; “The Public Coast,” which has the goal of providing more public access to the Sound; and finally, “The Working Coast,” which encourages th..
Read More
Town of Livonia Land Conservation Ordinance
Date Added: Saturday, May 6, 2017Erosion & Sedimentation Control, Floodplain Regulations, Historic Preservation, Open Space Preservation, Scenic Resources, Steep Slope Protection, Watershed Protection, Natural Resource Protection & Conservation
New York
Municipal
This law outlines the Town’s procedure for creating Land Conservation Areas, and for protecting these areas from potentially harmful development. These areas were created on the basis of a soil and existing land use survey, and have been grouped in to seven categories, which include: natural forest/woodland, wetland, steep slope, floodplain, major scenic overlook, stream corridor, watershed and sites of historical/archaeological significance. ..
Read More
Town of Lewisboro Wetlands & Watercourses Ordinance
Date Added: Saturday, May 6, 2017Buffer Zones, Wetlands & Watercourse Protection
New York
Municipal
The legislature’s intent in creating Chapter 217 of the Town Code is to assure that activities conducted in and around wetlands, watercourses and associated buffer areas be done so in conformance with the provisions of this chapter and in a manner which promotes the preservation of wetlands, watercourses and associated buffer areas as specified in the findings of fact seen at the beginning of the Chapter. ..
Read More
New York State Municipal Home Rule Law – General Powers of Local Governments to Adopt & Amend Local Laws; Restrictions
Date Added: Saturday, May 6, 2017Land Acquisition, Local Boards, Local Governance, Transportation & Land Use Planning, Street & Sidewalk Development
New York
State
Municipal Home Rule Law Chapter 36-A Article 2 Section 10 articulates the powers of local county, city, town, or village governments to include: acquisition and care of highways, roads, streets, avenues, and property; acquisition of transit facilities; collection, fixing, and administration of local government rentals, charges, rates or fees; and regulation or licensing of businesses and occupations. Section 11 outlines the restriction of powers of local county, city, town, or village governments to adopt local laws, including: the regulation o..
Read More
Town of Laytonsville Forest Conservation & Reforestation Ordinance
Date Added: Saturday, May 6, 2017Forest Management, Tree Preservation & Protection, Timber Harvesting, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
Maryland
Municipal
The Forest Conservation and Reforestation Ordinance establishes a forest conservation and reforestation program for the Town of Laytonsville in compliance with the standards prescribed by the Maryland General Assembly. The Act regulates timber harvesting as well as other activities that may result in the cutting, clearing, or grading of forest and defines terms related to and including “afforestation”, “forest”, and “reforestation”. Finally, the ordinance prescribes penalties for noncompliance...
Read More
State of Louisiana Green Space Ordinance
Date Added: Saturday, May 6, 2017Land Use Planning, Local Environmental Law, Wetlands & Watercourse Protection
Louisiana
State
This model law provides a template for Louisiana parishes wishing to implement a green space ordinance to preserve water resources. The model law creates a servitude on the property between the property owner and the parish government and is a mandatory prerequisite for the issuance of any and all building permits. The servitude provides for a certain percentage of land on a property that shall remain in a natural, undisturbed or revegetated state, and allows the parish to enter the land for random inspections or following a complaint; the pa..
Read More
Village of Larchmont Critical Environmental Areas Ordinance
Date Added: Saturday, May 6, 2017Local Environmental Law, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
The statute designates specific areas within New York State as critical areas of environmental concern and affords protections to these areas from adverse actions prescribed by law and regulations...
Read More
Village of Larchmont Coastal Zone Management Commission Ordinance
Date Added: Saturday, May 6, 2017Coastal Protection, Intermunicipal Agreements, Local Boards
New York
Municipal
The purpose of this statute is to further the common interests of the Town of Mamaroneck and the Village of Larchmont. That interest is to protect the local coastal zone and establish the Coastal Zone Management Commission to monitor and coordinate the implementation of the Local Waterfront Revitalization Program of the Town of Mamaroneck and the Village of Larchmont. This statute requires the Commission to consist of 11 members (five residents of Larchmont appointed by the Village of Larchmont, five residents of the unincorporated area of Mama..
Read More
County of La Plata Development Standards Ordinance
Date Added: Saturday, May 6, 2017Affordable Housing , Development Standards
Colorado
Municipal
La Plata County divides development standards into two groups, required and encouraged. Standards are encouraged through a point system. A developer is awarded points for meeting various importance factors which are scored in relevance to its assigned importance level. Negative scores are assigned when a project causes some detriment to the community. A developer is then eligible for various incentives and waivers depending on the total points accrued. The provision of affordable housing for employees and residents is an encouraged standar..
Read More
Town of Brighton Subdivision Regulations
Date Added: Saturday, May 6, 2017Environmental Compliance, Stormwater Management, Subdivision Regulations, Watershed Protection, Conservation Districts & Subdivisions
New York
Municipal
This ordinance requires developers to create a drainage report, and describes all that must be included therein. The report must be in accordance with the Town of Brighton Minimum Specifications for Dedication and the Irondequoit Watershed Collaborative. ..
Read More
City of Peekskill Watershed Protection & Enforcement Officer
Date Added: Saturday, May 6, 2017Environmental Compliance, Local Boards, Local Governance, Watershed Protection, Wetlands & Watercourse Protection
New York
Municipal
This ordinance establishes the position of a Watershed Protection and Enforcement Officer and sets out the membership requirements and the duties entrusted to the position, with the goal of ensuring that the Environmental Conservation Law and the Penal Law of the State of New York are adhered...
Read More
Town of Brookhaven Supplementary Zoning Provisions Ordinance
Date Added: Saturday, May 6, 2017Local Boards, Agriculture, Farmland Protection & Preservation
New York
Municipal
This ordinance creates the Agricultural Advisory Board. ..
Read More
Town of Big Flats Aquifer Protection Overlay District Ordinance
Date Added: Saturday, May 6, 2017Aquifer Protection, Overlay District, Zoning, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
This ordinance is designed to protect the local drinking water in the interest of public health and safety. The town is creating an Aquifer Protection Overlay District (APOD) to create districts in which certain uses of water are permitted. There are also various uses of water that are and are not permitted which vary by the districts that are set forth in the ordinance...
Read More
City of Kissimmee City Manager to Administer Provisions Ordinance
Date Added: Friday, May 5, 2017Alternative Dispute Resolution, Fair Housing, Local Governance
Florida
Municipal
Section 4-2-9 of Title IV, Community Relations and Recreational Facilities, imposes on the City Manager, the duty of rectifying grievances using methods of persuasion, conciliation and mediation. ..
Read More
City of Kingston Roundout Creek & Hudson Riverfront Districts Ordinance
Date Added: Friday, May 5, 2017Waterfront Revitalization, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
This law creates the Rondout Creek and Hudson Riverfront Districts, in order to afford priority to water dependant uses, achieve public access to the coastal area, control development, and to implement the policies and purposes of the City of Kingston Local Waterfront Revitalization Program. This law also sets up a permit and special permit system, for person’s seeking to build or conduct certain activities within these protected districts. ..
Read More
City of Kingston Mixed Use Overlay District
Date Added: Friday, May 5, 2017Affordable Housing , Mixed/Multiple Use, Overlay District
New York
Municipal
This law creates the Mixed Use Overlay District, which is intended to provide affordable multifamily housing to low income families. ..
Read More
City of Jamestown High Groundwater Table Ordinance
Date Added: Friday, May 5, 2017Aquifer Protection, Overlay District, Water Conservation, Drinking Water Protection & Conservation
Rhode Island
Municipal
The City of Jamestown designated a High Ground Water Table and Impervious Layer Overlay District in which, in order to preserve the town’s fresh water supply, the area has been deemed unsuitable for unrestricted development. The District is divided into two sub-districts: sub-district A has a higher groundwater table, and thus heightened restrictions on development, and sub-district B, a lower groundwater table, and less restrictive development requirements. The ordinance lays out the restrictions on development within each zone, as well as th..
Read More
City of Jamestown Freshwater Wetlands Ordinance
Date Added: Friday, May 5, 2017Land Use Planning, Site Plan Approval, Wetlands & Watercourse Protection
New York
Municipal
This law is aimed at preserving and reclaiming wetlands, by creating a permit system, for persons who seek to conduct, or who are conducting, any activity on a freshwater wetland. ..
Read More
Village of Irvington Tree Preservation Ordinance
Date Added: Friday, May 5, 2017Quality of Life, Tree Preservation & Protection, Timber Harvesting
New York
Municipal
Chapter 202 of the Municipal Code for the Village of Irvington regulates the cutting, killing and destruction of trees in the Village. This law was enacted as a result of the Village’s findings that the presence of trees contribute to the health, safety and general welfare of the citizens...
Read More
Town of Irondequoit River Harbor District Ordinance
Date Added: Friday, May 5, 2017Economic Development, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The River Harbor District, as laid out in Article XXIV of the Town Code, is designed to provide a suitable character and stable environment for the establishment and maintenance of water-dependent and/or water-enhanced uses and activities along the east bank of the Genesee River near the Port of Rochester. The district is also designed to promote appropriate residential and economic development and to improve public access to the riverfront. Other goals of the district include protection of the unique and sensitive environmental features that e..
Read More
Town of Irondequoit Open Space District Ordinance
Date Added: Friday, May 5, 2017Open Space Preservation, Recreational Uses, Zoning
New York
Municipal
Article XII, § 235 of the Town Code of Irondequoit creates an Open Space District for the purpose of preserving a suitable character and a stable environment for the establishment and maintenance of recreational and open space, and activities conducted within the Town. ..
Read More
Town of Irondequoit Historic Preservation Ordinance
Date Added: Friday, May 5, 2017Historic Preservation, Local Boards, Landmarks & Historical Districts
New York
Municipal
Chapter 236 of the Town Code for the Town of Irondequoit recognizes the rich, varied history of Irondequoit. It was enacted to protect and enhance the landmarks and historic districts which represent distinctive elements of Irondequoit's historic, architectural, and cultural heritage; to foster civic pride in the accomplishments of the past; to protect and enhance Irondequoit's appeal to visitors and the support and stimulus to the economy thereby provided; and to insure the harmonious, orderly, and efficient growth and development of the Town..
Read More
Town of Irondequoit Environmental Protection Overlay District
Date Added: Friday, May 5, 2017Overlay District, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The purpose of Article XI of the Town Code is to protect the environment in Irondequoit through the establishment of overlay districts established in this article which provide special controls over land development located in sensitive environmental areas within the Town of Irondequoit. ..
Read More
City of New York Floor Area Bonus for Subway Station Improvements
Date Added: Friday, May 5, 2017Incentive Zoning, Site Design Standards, Transportation & Land Use Planning
New York
Municipal
The City of New York created incentive zoning in 1961 to acquire available open space in densely packed commercial or business districts. Article VII, Chapter 4 in the New York City Zoning Resolution grants floor area bonus by special permit for improving subway station...
Read More
City of New York Special Midtown District Ordinance
Date Added: Friday, May 5, 2017Development Standards, Incentive Zoning
New York
Municipal
The City of New York created incentive zoning in 1961 to acquire available open space in densely packed commercial or business districts. Article VIII, Chapter 1 in the New York City Zoning Resolution regulates floor area bonus for Special Midtown District. As-of-right “floor area” bonuses are not permitted in this district...
Read More
State of Illinois Watercourse Protection Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Wetlands & Watercourse Protection
Illinois
State
Corporate municipal authorities are granted broad authority to protect and maintain watercourses, pursuant to 65 ILL. COMP. STAT. 5/11-104-1 (2004). Municipal authorities may “deepen, widen, dock, cover, wall, or alter channels of watercourses.” Furthermore, municipal authorities may construct and repair canals and slips to accommodate commercial interests, 65 ILL. COMP. STAT. 5/11-104-2 (2004), and water-related landing facilities. 65 ILL. COMP. STAT. 5/11-104-3 (2004). Municipal authorities may also relocate existing water courses within muni..
Read More
State of Illinois Watercourse Protection – County Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Wetlands & Watercourse Protection
Illinois
State
Corporate county authorities are granted broad authority to protect and maintain watercourses, pursuant to 55 ILL. COMP. STAT. 5/5-15008 (2004). County authorities may regulate streamflow and dams along any watercourse located within county boundaries. However, county authorities may not “abridge or in any manner curtail any vested water power rights or other rights.”..
Read More
State of Illinois Urban Renewal – Municipal Ordinance
Date Added: Friday, May 5, 2017Local Boards, State Land Use Law, Urban Renewal
Illinois
State
Under 65 ILL. COMP. STAT. 5/11-11-1 (2004), corporate municipal authorities are granted broad powers to redevelop and revitalize “any blighted or slum area or any conservation area” that is a “detriment to public safety, health or morals.” Municipal authorities in communities with more than 500,000 residents may appoint a “Conservation Board” or “Department of Urban Renewal” to investigate and report on the revitalization needs in a designated “conservation area.” Those entities may also draft a “conservation plan” that addresses, inter alia, ..
Read More
State of Illinois Transfer of Development Rights – County Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Transfer of Development Rights (TDR)
Illinois
State
As enumerated under the powers to preserve scenic and historic resources, in 55 ILL. COMP. STAT. 5/5-30004 (2004), corporate county authorities may establish a system for the “transfer of development rights,” including the necessary means to deposit and transfer such rights into a “development rights bank.” The system is to be modeled after the system established for municipalities under 65 ILL. COMP. STAT. 5/11-48.2-1A(4) (2004). All receipts arising from such transfers must be deposited in a special county account, and applied against expendi..
Read More
State of Illinois Stormwater Management – County Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Stormwater Management
Illinois
State
In addition to general powers granted to all counties to regulate “storm water runoff,” 55 ILL. COMP. STAT. 5/5-1062 (2004) allocates comprehensive stormwater planning and management to corporate county authorities in the urbanized region served by the Northeastern Illinois Planning Commission, pursuant to enumerated population standards. Prior to the adoption of countywide plans and regulations, a county board must establish a “stormwater management planning committee.” The committee is charged to coordinate surveying and planning activities..
Read More
State of Illinois Site Plans Control – County Ordinance
Date Added: Friday, May 5, 2017Floodplain Regulations, Site Design Standards, State Land Use Law, Stormwater Management
Illinois
State
Corporate county authorities may require by ordinance that any map or plat of land not within a municipality be submitted and approved by appropriate authorities. County authorities may establish “reasonable rules and regulations” to protect of community and natural resources, as well as surface waterways and drainage basins, associated with water supply. Furthermore, county authorities may include reasonable requirements applicable to water supply, sewage collection, and floodplain and stormwater management. Pursuant to 55 ILL. COMP. STAT. 5/5..
Read More
State of Illinois Scenic Resource Protection – Township Ordinance
Date Added: Friday, May 5, 2017Local Boards, Scenic Resources, State Land Use Law, Natural Resource Protection & Conservation
Illinois
State
Under 60 ILL. COMP. STAT. 1/115-45 (2004), corporate township authorities are granted broad authority to establish subsidiary boards to study and make recommendations for the conservation of open space in order to “maintain or enhance the conservation of natural or scenic resources.” After such a board is established, a township board may acquire, designate, plan, and zone by ordinance areas to conserve open space and other natural resources and promote sustainable development. A township may acquire land targeted for open space preservation lo..
Read More
State of Illinois Smart Growth – Local Land Resource Management Planning Act
Date Added: Friday, May 5, 2017Smart Growth, State Land Use Law, Natural Resource Protection & Conservation
Illinois
State
The Local Land Resource Management Planning Act, 50 ILL. COMP. STAT. 805 et seq. (2004), authorizes and outlines the general principle that counties, municipalities, and townships may engage in land resource management programs. Beyond concerns associated with traditional zoning and comprehensive planning, the Act acknowledges local government interests in protecting the “land, air, water, natural resources, and environment of the State,” and encourages “socially and economically desirable” land use and planning via “Local Land Resource Managem..
Read More
State of Illinois Local Boards & Practices – County Ordinance
Date Added: Friday, May 5, 2017Local Boards, State Land Use Law, Zoning
Illinois
State
Primary county zoning authority is vested in the “county board” or “board of county commissioners;” however, corporate county authorities must appoint, confirm, and provide for a “zoning commission” to exercise powers delegated under general zoning enabling authority. Such commissions (a) provide public notice, (b) conduct public hearings, (c) prepare tentative reports, and (d) draft and revise proposed ordinances. County authorities may appoint a “board of appeals” pursuant to county population standards to hear all appropriate actions as spec..
Read More
State of Illinois Historic District & Landmark Preservation – Municipal Ordinance
Date Added: Friday, May 5, 2017Historic District Preservation, Landmark Preservation, State Land Use Law, Landmarks & Historical Districts
Illinois
State
Corporate municipal authorities are afforded broad authority to identify and create subsidiary boards, as needed, to preserve scenic and historic resources, including natural and manmade buildings, landmarks, and landscapes. Municipal authorities are charged to prevent the “disappearance [of] areas, places, buildings, structures, works of art and other objects having special historical, community, or aesthetic interest or value.” Municipal authorities may establish economic incentives and other agreements to encourage the acquisition, donation..
Read More
State of Illinois Conservation Area Zoning – Township Ordinance
Date Added: Friday, May 5, 2017Open Space Preservation, State Land Use Law, Zoning, Natural Resource Protection & Conservation
Illinois
State
Under 60 ILL. COMP. STAT. 1/115-10 et seq. (2004), corporate township authorities are granted broad authority to establish subsidiary boards to study and make recommendations for the conservation of open space in order to “maintain or enhance the conservation of natural or scenic resources.” After such a board is established, a township board may acquire, designate, plan, and zone by ordinance areas to conserve open space and other natural resources, and promote sustainable development. A township may acquire land targeted for open space preser..
Read More
State of Illinois Affordable Housing Zoning Ordinance
Date Added: Friday, May 5, 2017Affordable Housing , Local Boards, State Land Use Law
Illinois
State
Corporate municipal authorities are granted broad powers to provide for the development of affordable housing, pursuant to 65 ILL. COMP. STAT. 5/11-11.1-1 (2004. Municipal authorities may prescribe by ordinance fair and unfair housing practices, establish “Fair Housing Commissions” or “Human Relations Commissions,” prohibit discrimination based on “race, color, religion, sex, creed, ancestry, national origin, or physical or mental handicap” in transactions associated with residential occupancy, and establish penalties to enforce such ordinances..
Read More
State of Illinois State Zoning Enabling Act – Municipal Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Zoning
Illinois
State
Corporate municipal authorities may regulate by ordinance to provide for comprehensive regulation of beneficial uses, protection from harms, and mitigation of activities associated with the use of land within their jurisdiction. Examples include height and bulk restrictions on buildings; set back lines along streets, trafficways, drives, parkways, or storm or floodwater runoff channels or basins; and limitations on the intensity of the use of lot areas, including the area of open space, within and surrounding such buildings. Municipal zoning a..
Read More
Town of Hyde Park Zoning Law Purposes Ordinance
Date Added: Friday, May 5, 2017Zoning, Wetlands & Watercourse Protection
New York
Municipal
The purpose of § 108-4 of the Town Code for the Town of Hyde Park is to protect and promote public health, safety, comfort, convenience, economy, aesthetics, general welfare, along with the preservation of the natural, agricultural and cultural resources of the Town of Hyde Park, and to serve other enumerated purposes in this ordinance such as promoting the success of the Town’s comprehensive plan, and encouraging smart growth...
Read More
Town of Hyde Park Water Resources Protection Ordinance
Date Added: Friday, May 5, 2017Water Conservation, Watershed Protection, Wetlands & Watercourse Protection
New York
Municipal
The Town of Hyde Park’s public policy is to preserve, protect, and conserve its water resources while simultaneously balancing the rights of individual property owners’ with the rights of the community. Unless otherwise exempted, the Hyde Park requires a permit for activities including, but not limited to, draining, dredging, septic tank installation, vegetation removal, or any activity that may pollute the Town’s water resources.
The Planning Board takes a number of factors into consideration when approving, approving with conditions, or..
Read More
Town of Huntersville Surface Water Improvement & Management – Stream Buffers Ordinance
Date Added: Friday, May 5, 2017Buffer Zones, Floodwater Management, Zoning, Wetlands & Watercourse Protection
North Carolina
Municipal
This ordinance amends the current zoning regulations to create a “stream buffer network” that will filter pollutants, store floodwater, provide habitat, and contribute to the “green infrastructure.” The buffer is divided into three sections, streamside zone, managed use zone, and upland zone. Each zone has varying level of restrictions, the streamside zone being the most restrictive and the upland zone being the least restrictive. ..
Read More
City of Hudson Watershed Rules Ordinance
Date Added: Friday, May 5, 2017Watershed Protection, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
Law requiring minimum distances between potentially polluting activities and the public water supply sources. The law also restricts activities the City has deemed harmful to the health, safety and welfare of its citizens. ..
Read More
Township of Howell Riparian Buffers – Standards of Performance Ordinance
Date Added: Friday, May 5, 2017Buffer Zones, Development Standards, Environmental Compliance, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New Jersey
Municipal
This ordinance sets forth the practices and procedures to be followed by developers and others in order to maintain the integrity of riparian habitat. This law creates a buffer zone in which private activity, such as tree cutting, disturbing soil, use of fertilizer, and use of pesticides are severely regulated. The town board holds discretion in allowing a buffer zone to be disturbed. If a buffer zone is disturbed, the developer is required to rehabilitate the buffer zone in accordance with the accepted practices set forth in this law. ..
Read More
City of Happy Valley Development Agreements Ordinance
Date Added: Friday, May 5, 2017Development Standards, Erosion & Sedimentation Control, Steep Slope Protection
Oregon
Municipal
Law authorizing the City to delay surface work (except for surveying and staking) on land if the City finds that severe erosion will present a danger. ..
Read More
Town of Greenburgh Wetlands & Watercourses Ordinance
Date Added: Friday, May 5, 2017Nonconforming Uses, Sewage Management, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
Chapter 28 of the Town Code for the Town of Greenburgh addresses legislative findings that indicate the importance of protection, preservation, proper maintenance and proper use of the community’s ponds, lakes, reservoirs, water bodies, rivers, streams, watercourses, wetlands, natural drainage systems and adjacent land areas from encroachment, spoiling, pollution or elimination. The law also states the town’s policy of preventing the despoliation and destruction of wetlands and watercourse while taking into account varying ecological, water q..
Read More
Town of Greenburgh Protection of Steep Slopes Ordinance
Date Added: Friday, May 5, 2017Erosion & Sedimentation Control, Steep Slope Protection, Watershed Protection, Drinking Water Protection & Conservation
New York
Municipal
The purpose of Chapter 245 of Greenburgh’s Town Code is to prevent erosion and sedimentation, including loss of topsoil, and protection of the water quality. Through this chapter, the Town also seeks to minimize the development of hilltops and ridgelines wherever possible. ..
Read More
Town of Greenburgh Subdivision Regulations
Date Added: Friday, May 5, 2017Open Space Preservation, Recreational Uses, Subdivision Regulations, Natural Resource Protection & Conservation
New York
Municipal
Chapter 250 of Greenburgh’s Town Code regulates subdivisions. Among other requirements, the law forces the developer to provide land for recreation and open space within a subdivision...
Read More
Town of Greenburgh Conservation District Ordinance
Date Added: Friday, May 5, 2017Development Standards, Overlay District, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The purpose of this law is to provide performance criteria assuring conservation of natural resources during and after development in a conservation district (CD). The CD is to be an overlay zone over any other zone allowed in the town. The Conservation District will be evaluated by criteria set out under this provision including the development standards. ..
Read More
City of Grand Rapids Mixed-Use Commercial Zone Districts
Date Added: Friday, May 5, 2017Mixed/Multiple Use, Pedestrian Oriented Design (POD), Transit Oriented Development (TOD)
Michigan
Municipal
The city code of Grand Rapids, Michigan provides for several different types of mixed-use districts under the overarching category known as mixed-use commercial zone districts. Grand Rapids is located on the Grand River, about 30 miles east of Lake Michigan, and the city has a population of approximately 193,627 people. In 2007, the city adopted a master planning process called “Green Grand Rapids,” and created a new zoning ordinance that incorporated tenets of Transit Oriented Development, LEED criteria and Smart Growth principles.
Unde..
Read More
Town of Goshen Moderate Income & Affordable Housing Law
Date Added: Friday, May 5, 2017Affordable Housing , Local Boards
New York
Municipal
The Moderate Income and Affordable Housing Local Law recognizes the need for affordable housing and establishes development standards, eligibility requirements (priority given to emergency personnel and municipal employees), maintenance and tax assessments for affordable housing units. Additionally, the ordinance establishes a Housing Review Board to oversee and administer these program objectives...
Read More
State of New York General Municipal Law Tree Conservation Ordinance
Date Added: Friday, May 5, 2017Erosion & Sedimentation Control, Landscaping, Right-to-Farm, Tree Preservation & Protection
New York
State
This law empowers local legislative bodies of any county, city, town or village in New York State to provide for the protection and conservation of tress and related vegetation. This power is granted on top of any other land use and zoning powers these municipalities may have. ..
Read More
Town of Gardiner Zoning Purposes Ordinance
Date Added: Friday, May 5, 2017Comprehensive Planning, Zoning
New York
Municipal
Sections 220-1, § 220-2, and § 220-3 of the Town Code for the Town of Gardiner provide an introduction to the Town’s zoning ordinance. Chapter 220 states the title and the purpose of the zoning ordinance and acknowledges that the provisions of the ordinance are in accordance with the Town’s New Comprehensive Plan. Chapter 220 hereby establishes a new comprehensive zoning plan for the Town of Gardiner which is set forth in the text, tables and map that constitutes this chapter. The plan is adopted for all the purposes set forth in Article 16 ..
Read More
Town of Gardiner Zoning Definitions & Word Use Ordinance
Date Added: Friday, May 5, 2017Zoning
New York
Municipal
This law provides the definition of terms used in Gardiner’s zoning laws. Some of the definitions listed include: wetland, dwelling, central sewage system, commercial excavation, development, impervious surface, junkyard, kennel, farm operation, floor area, lot, mobile home, principle use or structure, substantial improvement, and watercourse...
Read More
Town of Gardiner Open Space Development Ordinance
Date Added: Friday, May 5, 2017Development Standards, Open Space Preservation, Zoning
New York
Municipal
The Open Space Development ordinance implements procedures to allow for development of protected and preserved land, while preserving the natural attributes of the land. Conservation analysis shall take place to plan open space developments. Applicants must prepare inventory maps, surveys, topography maps, and descriptions of the land. Planning Board will make final determinations on the value of the lands preserved. ..
Read More
Town of Gardiner Flood Damage Prevention Ordinance
Date Added: Friday, May 5, 2017Erosion & Sedimentation Control, Flood Prevention, Floodplain Regulations, Disaster Mitigation
New York
Municipal
Town of Gardiner NY Flood Damage Prevention ordinance (Chapter 121) is an attempt to minimize private and public loss due to flood conditions by controlling alterations in floodplains, regulating the construction of barriers in floodplains, regulating floodplain usages which may be dangerous to citizens and the environment, and controlling areas that are likely to be affected by floods and erosion. The code provides objectives to ensure that people who occupy flood lands are responsible for their actions and works to minimize public expenditure..
Read More
Town of Gardiner Development in Floodplains Ordinance
Date Added: Friday, May 5, 2017Development Standards, Floodplain Regulations, Historic Preservation
New York
Municipal
Town of Gardiner NY Development of Floodplains section 220-18, regulates development in the floodplains of Gardiner. Section 220-18(D) establishes conditions in which variances may be issued to include: reconstruction or restoration of structures listed in the National Registry of Historic Places, for good cause, and for showing that substantial hardships will result without the variance. Conditions that will be taken into account when the Zoning Board of Appeals reviews appeals are also included in this section...
Read More
Town of Gardiner Development in Floodplains Ordinance
Date Added: Friday, May 5, 2017Flood Prevention, Floodplain Regulations, Zoning
New York
Municipal
The Development in Floodplains ordinance in the Town of Gardiner requires that land uses on floodplains be within the boundaries permitted by the Town of Gardiner Flood Insurance Study, with some exceptions. Development in floodplain areas is heavily regulated and variances are granted via permits. Variance permits are granted based on factors such as: alternative means to development, good sufficient cause, safety, and encroachments against property...
Read More
City of Tampa Upland Habitat Protection Ordinance
Date Added: Friday, May 5, 2017Overlay District, Wildlife & Fish Habitat
Florida
Municipal
The Upland Habitat Protection Ordinance was designed to protect the xeric and mesic plant communities and wildlife habitat in Tampa. The ordinance achieves this by establishing an overlay district and requiring plan approval before the commencement of development within the district...
Read More
Town of Penfield Environmental Protection Overlay District
Date Added: Thursday, May 4, 2017Floodplain Regulations, Local Environmental Law, Overlay District
New York
Municipal
This ordinance is an alternative method of protection that provides for review and regulation of development in floodplains through an overlay district that specifies uses and activities which are strictly prohibited or permitted upon compliance with additional regulations. If the use or activity is regulated, a permit must be obtained and mitigation is often a condition when the use or activity will have an adverse impact on the floodplains and where no reasonably feasible alternative exists...
Read More
State of Florida State Comprehensive Plan
Date Added: Thursday, May 4, 2017Comprehensive Planning, Incentive Zoning, Smart Growth, Transportation & Land Use Planning
Florida
State
Below is the State of Florida’s Comprehensive Plan. The plan provides an example of a state legislature’s attempt to guide its constituent regions and municipalities in their respective efforts towards planning and development. Elements of the Priority Growth District concept are present in this plan...
Read More
State of Florida State & Regional Planning – Findings & Intent Ordinance
Date Added: Thursday, May 4, 2017Comprehensive Planning, Smart Growth, Transportation & Land Use Planning
Florida
State
This Florida statute details the state’s legislative intent in promulgating planning and development statutes. Guidance is given to the constituent regions and municipalities to use in developing their own plans...
Read More
FEMA Model Ordinance for Flood Loss Reduction & Fish Habitat
Date Added: Thursday, May 4, 2017Flood Prevention, Floodplain Regulations, Floodwater Management, Wildlife & Fish Habitat, Disaster Mitigation
State: Not Applicable
U.S. Federal
This model ordinance provides a framework for flood loss reduction regulations for use by any state in conjunction with affected counties or municipalities. Section one explicitly delegates State authority to local governmental bodies to adopt regulations to protect the public health, safety, and welfare of residents. Flood losses occur because of the cumulative effect of obstructions in special flood hazard areas. The purpose of the model ordinance is to promote the public health, safety, and welfare by reducing losses due to flooding by ma..
Read More
Town of Falmouth Wetlands Regulations
Date Added: Thursday, May 4, 2017Coastal Protection, Sea Level Rise Adaptation, Site Design Standards, Wetlands & Watercourse Protection
Massachusetts
Municipal
The Town of Falmouth’s Wetland Regulations recognize that “special transitional areas,” portions of coastal floodplains that are immediately landward of salt marshes, coastal dunes, and barrier beaches, require special protection. To that end, these regulations require that relative sea level rise be considered in development proposals, and that buildings and other structures in special transitional areas be designed to incorporate a relative sea level rise of at least one foot per 100 years in “A-zones” (coastal storm flowage zones) and at le..
Read More
City of Eugene Transit Oriented Development Overlay Zone
Date Added: Thursday, May 4, 2017Overlay District, Pedestrian Oriented Design (POD), Transit Oriented Development (TOD)
Oregon
Municipal
The City Code of Eugene, Oregon provides for a Transit Development Overlay Zone (TD) in the hopes of encouraging mixed land uses in areas that have a high potential for enhanced transit and pedestrian activity. Eugene is located about 50 miles east of the Oregon coast, on the confluence of the McKenzie and Willamette rivers, with a population of about 155,000. The city is the county seat of Lane County, and is the second largest city in the state. The Lane Transit District (LTD) is the area’s major public transportation system, providing ove..
Read More
Town of Estes Park Attainable Housing Density Bonus Ordinance
Date Added: Thursday, May 4, 2017Affordable Housing , Incentive Zoning, Density
Colorado
Municipal
The Attainable Housing Density Bonus Ordinance for the Town of Estes Park – Estes Valley states that for every one attainable housing unit provided, a developer may receive a bonus of one-half unit that may only be used for the development of additional affordable housing units. That statute also lists certain development requirements to satisfy the bonus provision including a twenty-year deed restriction to ensure the housing remains affordable...
Read More
Town of Ellington Hockanum River Watershed Sewerage System Ordinance
Date Added: Thursday, May 4, 2017Sewage Management, Watershed Protection
Connecticut
Municipal
This law details the Water Pollution Control Authority’s ability to assess commercial and residential pieces of property abutting sewer lines and connected to sewer lines. Definitions for use within this law include deferred assessment, capacity charge, commercial property, industrial property, sewer lateral line, residential unit assessment, and storage space. The law details how assessment of benefits occurs with residential property, commercial and industrial property, developer-constructed sewer extensions, and farmland. While all properti..
Read More
Town of Ellington Earth Excavation Ordinance
Date Added: Thursday, May 4, 2017Erosion & Sedimentation Control, Landscaping
Connecticut
Municipal
This law requires that excavation and removal or importation of more than 1,000 cubic yards of earth within any zoning district over one year, from any single parcel of land, requires a special permit. A detailed erosion control plan and a final landscaping plan must be submitted before the permit can be issued. A sufficient amount of topsoil must be set aside and not removed from the premises. Excavators must keep sound levels within prescribed limits, restrict hours of operation, buffer the work site, and control truck access to minimize dang..
Read More
Town of Ellington Age-Restricted Cluster Housing Zone
Date Added: Thursday, May 4, 2017Affordable Housing , Clustering & Cluster Development, Overlay District, Senior Housing, Zoning
Connecticut
Municipal
The Age-Restricted Cluster Housing Zone (ARCHZ) is a floating zone designed to increase availability of market rate privately developed, common interest communities for empty nesters and seniors, while maintaining the rural character of the town, preserving open space and protecting natural resources. ARCHZ zoned property shall only be used for single-family, attached or detached residential housing. Each unit must contain at least one individual 55 or over (or the survivor of such a person); and no more than one child, who must be at least 18 ..
Read More
Town of Eden Classes of Districts Ordinance
Date Added: Thursday, May 4, 2017Development Standards, Erosion & Sedimentation Control, Overlay District, Stormwater Management
New York
Municipal
The Town of Eden has created several zoning districts, and use regulations in those districts, that will help control flooding and protect floodplains from uninformed and overdevelopment...
Read More
Town of Eden Stormwater Management & Erosion Control Ordinance
Date Added: Thursday, May 4, 2017Development Standards, Erosion & Sedimentation Control, Stormwater Management
New York
Municipal
Chapter 177 of the Town Code for the Town of Eden serves to decrease stormwater and erosion problems, associated with increased development in Eden, NY. Article II. Stormwater Management and Erosion and Sediment Control Within the Regulated MS4 Overlay District was added in 2007 and describes regulations to manage stormwater, and erosion and control sediment within the RMS4 overlay district, which is a district which has been determined by federal and state agencies to be a regulated municipal separate storm sewer system (RMS4) under the Phase..
Read More
Town of Eden Conservation Easements Ordinance
Date Added: Thursday, May 4, 2017Land Acquisition, Open Space Preservation, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
New York
Municipal
Chapter 95 of the Town Code for the Town of Eden provides for the acquisition of interests or rights in real property to be used for the preservation of open space and areas which shall constitute a public purpose for which public funds may be expended or advanced after due notice and a public hearing by which the Town of Eden may acquire by purchase, gift, grant, bequest, devise, lease or otherwise the fee of any lesser interest, development right, easement, covenant or other contractual right necessary to acquire open space or open area. ..
Read More
Town of Eden Agriculture Advisory Committee
Date Added: Thursday, May 4, 2017Local Boards, Agriculture, Farmland Protection & Preservation
New York
Municipal
Chapter 5 of the Town Code for the Town of Eden creates the Agricultural Advisory Committee for the Town and describes its powers and duties. ..
Read More
State of New York Environmental Quality Review Ordinance
Date Added: Wednesday, May 3, 2017Environmental Impact Review Requirements, Local Boards, Natural Resource Protection & Conservation
New York
State
This law mandates that agencies within the state to require that an environmental impact statement be filed with them, before any person or business undertakes a project which may have potentially adverse environmental consequences. The law also describes the procedures for filing the impact statements and reviewing them. ..
Read More
City of Dover Overriding Districts Ordinance
Date Added: Wednesday, May 3, 2017Overlay District, Steep Slope Protection, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New Hampshire
Municipal
“Overriding districts”—more commonly known as overlay districts—are superimposed on existing zoning districts. Their regulations supplement existing zoning regulations, and in this ordinance are adopted to protect watercourses and wetlands as well as steep slope areas. The ordinance is intended to preserve the flora and fauna of the community and to maintain high water quality. This ordinance is adopted under the authority of New Hampshire’s Planning and Zoning enabling act, § 674:16, and the state’s Comprehensive Shorelands Protection Act § ..
Read More
District of Columbia Tree & Slope Protection Overlay District
Date Added: Wednesday, May 3, 2017Overlay District, Steep Slope Protection, Tree Preservation & Protection
State: Not Applicable
Municipal
The purpose of this ordinance is to preserve steep slope topography, mature tree stands, surrounding ecological areas and the open space character of residential areas near stream banks and public parks. It protects natural resources by restricting tree removal, limiting impervious cover and restricting ground coverage of new and existing buildings...
Read More
Town of Westbrook Community Forest Ordinance
Date Added: Wednesday, May 3, 2017Tree Preservation & Protection
Connecticut
Municipal
This Tree preservation provision establishes a 55 acre community forest to be managed by the town under the forest commission. The purpose of the ordinance is to protect forest resources and water quality, as well as serve recreational and educational functions. ..
Read More
Village of Croton-on-Hudson Water Supply Protection
Date Added: Wednesday, May 3, 2017Aquifer Protection, Natural Resource Protection & Conservation, Drinking Water Protection & Conservation
New York
Municipal
The Water Supply Protection Code of the Village of Croton-on-Hudson establishes protective land use regulations for the watershed affecting well fields. It defines the three zones affecting the quality of the aquifer and provides a degree of regulation or management for each zone in order to protect the water supply source from contamination. The three-zone system is superimposed on existing land use zones, and requirements of the underlying districts shall continue to apply, except in the event of a conflict, where the more restrictive require..
Read More
Village of Croton-on-Hudson Water Supply Protection Ordinance
Date Added: Wednesday, May 3, 2017Coastal Protection, Development Standards, Site Plan Approval, Zoning
New York
Municipal
The Water Supply Protection Code of the Village of Croton-on-Hudson dictates that each Waterfront Development District shall be comprised of 10 or more contiguous acres of dry land under single ownership and shall have a minimum of 1,000 feet of shoreline along the Hudson River. Permitted uses include specific recreational, residential, and special permit uses, but accessory uses are limited to those uses that are customarily incidental to the permitted uses. It additionally provides the requirements regarding enclosure, landscaping, bulk, heig..
Read More
Village of Croton-on-Hudson Visual Environment Advisory Board
Date Added: Wednesday, May 3, 2017Development Standards, Local Boards, Quality of Life, Scenic Resources, Natural Resource Protection & Conservation
New York
Municipal
The Croton Visual Environment Advisory Board was developed to safeguard the beneficial effects of such existing natural and man-made features and structures and to prevent the harmful effects of potential unattractive or inappropriate projects and thus to promote and protect the economy, quality of life, and general welfare of the Village of Croton-on-Hudson. Chapter 60 of the Municipal Code creates an Advisory Board on the Visual Environment consisting of five members appointed by the Mayor. The Board shall serve in an advisory capacity to the..
Read More
Village of Croton-on-Hudson Trees Ordinance
Date Added: Wednesday, May 3, 2017Landscaping, Tree Preservation & Protection
New York
Municipal
The Village of Croton-on-Hudson Tree Ordinance provides requirements for minimum distances between trees and (1) other trees, (2) curbs and sidewalks, (3) street corners and hydrants, and (4) utilities. Topping of trees and removal of healthy trees is prohibited. A tree removal permit will be required before removing: (1) any tree eight inches or more (diameter at breast height or DBH) on any parcel of land capable of being subdivided under the zoning provisions applicable to the district in which the parcel is situated or on any parcel of land..
Read More
Village of Croton-on-Hudson Multiple Development Use District
Date Added: Wednesday, May 3, 2017Comprehensive Planning, Development Standards, Historic Preservation, Mixed/Multiple Use, Open Space Preservation, Scenic Resources, Site Design Standards, Site Plan Approval
New York
Municipal
This law creates guidelines for creating a multiple/mixed use district in the Village of Croton-on-Hudson. The law includes information such as: eligibility requirements, general conditions, permitted uses, site development standards, procedures for MDU designation and approval of site development plans, lapse of approval of site development plan, performance guaranty, phasing of development, amendment of site development plan, and revocation of MDU designation. ..
Read More
Village of Croton-on-Hudson Greenway Compact Plan Ordinance
Date Added: Wednesday, May 3, 2017Intermunicipal Agreements, Local Boards
New York
Municipal
The Village of Croton-on-Hudson has become a participating community in the intermunicipal agreement, the Greenway Compact Plan, whose policies, principles and guides are adopted from compendiums based on tourism and economic development, the maintenance of the Hudson River waterfront, building livable downtowns, growing smarter together, and patterns for the county’s preservation. Where appropriate, new land use laws should conform to the standards of the Greenway Compact Plan, but at no time should this intermunicipal agreement limit the auth..
Read More
Village of Croton-on-Hudson Gateway Overlay District Zoning Ordinance
Date Added: Wednesday, May 3, 2017Development Standards, Overlay District, Zoning
New York
Municipal
Croton-on-Hudson has developed a scheme for the creation of physical gateway areas comprised of roads and surrounding areas where those first encountering the village will derive a sense of arrival and connection to the village, which will establish a favorable impression of the community. Restrictions will be placed on development within these areas to ensure and preserve a residential feel and provide a more defined entrance into the village for incoming motorists and pedestrians, which ultimately will bring a more favorable image to the comm..
Read More
Village of Croton-on-Hudson Excavation, Filling & Topsoil Removal Ordinance
Date Added: Wednesday, May 3, 2017Environmental Compliance, Erosion & Sedimentation Control, Landscaping, Scenic Resources
New York
Municipal
The Board of Trustees of the Village of Croton-on-Hudson has declared it policy that the natural topography of the land of the Village should be preserved and safeguarded, prohibiting changes to the land except those that are absolutely necessary in order to permit the proper and appropriate use of the land and the water. The topsoil, trees, and other materials which constitute the land, such as plant and wild life are of vital concern to the people of the Village. Therefore, the Village will regulate or prohibit excavation, the removal of tree..
Read More
Village of Croton-on-Hudson Environmental Compliance Ordinance
Date Added: Wednesday, May 3, 2017Development Standards, Clustering & Cluster Development, Environmental Compliance, Site Design Standards, Site Plan Approval, Conservation Districts & Subdivisions
New York
Municipal
This law authorizes the village Planning Board, and other advisory boards within the Village of Croton-on-Hudson, to retain the services of an Environmental Consultant to review and consult the board(s) concerning development taking place within the village’s environmentally sensitive areas, and to assure that environmental compliance measures are followed. The law also describes the role and duties of the Environmental Consultant. ..
Read More
Village of Croton-on-Hudson Conservation Advisory Council Ordinance
Date Added: Wednesday, May 3, 2017Local Boards, Natural Resource Protection & Conservation
New York
Municipal
The Village of Croton-on-Hudson is creating a Conservation Advisory Council in the fight to preserve and improve the quality of the natural and manmade environment of the Village in the face of population growth, urbanization, and technological change. The Conservation Advisory Council will serve to reinforce the environmental interests of the community by developing community programs to foster understanding of environmental issues, conducting studies to carry out their protective purposes, coordinating efforts of private groups, maintaining c..
Read More
Village of Croton-on-Hudson Telecommunications Towers Ordinance
Date Added: Monday, May 1, 2017Communications, Site Design Standards
New York
Municipal
The Village of Croton-on-Hudson seeks to establish predictable and balanced regulations for the sitting and screening of various personnel wireless service antennas, towers, and accessory structures in order to accommodate the growth of such systems within the Village, while protecting the public against any adverse impacts on resources, avoiding the potential damage to adjacent properties for tower failure through structural standards and setback requirements, and reducing the number of towers needed to serve the community by maximizing the us..
Read More
Town of Cortlandt Steep Slopes Ordinance
Date Added: Monday, May 1, 2017Steep Slope Protection, Zoning, Wetlands & Watercourse Protection
New York
Municipal
This law recognizes the importance that the future development of land has on the Town of Cortlandt, and focuses on steep slopes in particular as they demand a higher degree of environmental sensitivity. Chapter 259 of the Town Code of Cortlandt establishes regulations which prevent improper disturbance or alteration of steep slopes. The purpose legislature was not to restrict general development in the town but to protect natural resources and preserve the visual and environmental character of the land. ..
Read More
Town of Cortlandt Aquifer Protection District
Date Added: Monday, May 1, 2017Aquifer Protection, Recreational Uses, Subdivision Approvals
New York
Municipal
Chapter 307 regulates the use of open space in Cortlandt. Among other things, the Town requires developers to set aside recreational land within a subdivision and leaves financial findings to the Town Board. ..
Read More
Town of Conway Mountain Conservation District Ordinance
Date Added: Monday, May 1, 2017Ridgeline Protection, Tree Preservation & Protection, Wildlife & Fish Habitat
New Hampshire
Municipal
This is a very brief law that regulates use in the conservation district to primarily recreation and resource extraction...
Read More
Town of Clifton Park Open Space Incentive Zoning
Date Added: Monday, May 1, 2017Incentive Zoning, Open Space Preservation
New York
Municipal
This law gives the Town Board to grant incentives to private land developers to advance the town’s specific policies in accordance with the Town’s GEIS for the western lands of Clifton Park, the 2003 Comprehensive Plan update, the 2003 Open Space Plan, and in coordination with other community planning mechanisms or land use techniques. ..
Read More
Town of Clarkstown Conservation Density District Ordinance
Date Added: Monday, May 1, 2017Scenic Resources, Zoning, Natural Resource Protection & Conservation
New York
Municipal
Chapter 290, Article II, § 290-6 of the Town Code for the Town of Clarkstown provides protection to Clarkstown’s scenic resources (including streams, wooded-areas, steep slopes, large open spaces and scenic vistas) by controlling and limiting development that would otherwise harm these scenic natural resources. ..
Read More
Town of Chili Agricultural Conservation District Ordinance
Date Added: Monday, May 1, 2017Accessory Uses , Open Space Preservation, Agriculture, Farmland Protection & Preservation
New York
Municipal
This law was created by the Town Board of Chili, NY, in an effort to protect agricultural lands within the town by creating the Agricultural Conservation District. The law describes: the accessory and conditional uses that are allowed, the dimension requirements for the district, incentive zoning requirements and other miscellaneous requirements needed to set up the district. ..
Read More
Town of Chenango Aquifer District
Date Added: Monday, May 1, 2017Aquifer Protection, Zoning, Natural Resource Protection & Conservation
New York
Municipal
§ 73-11 of the Town Code for the Town of Chenango contains several definitions of terms that are important to aquifer protection such as; aquifer recharge zone, watercourse, cone of depression, and toxic or hazardous material. The purpose behind this statute is to minimize the potential for contamination of the aquifer which currently supplies water to the town. This statute divides the Town of Chenango into the following types of aquifer district zones: [1] Wellhead Protection Area, [2] Aquifer Recharge Area, and [3] Watershed Area. These z..
Read More
City of Charlotte Transit Oriented Development Districts
Date Added: Monday, May 1, 2017Overlay District, Transit Oriented Development (TOD)
North Carolina
Municipal
Charlotte’s Transit Oriented Development (TOD) zoning district and the related overlay districts were created to encourage a compact and high intensity mix of residential, office, retail, institutional, and civic uses in areas with high potential for enhanced transit and pedestrian activity. To achieve the high-density mixed districts, minimum densities and floor area ratios (FAR) increase in areas closest to transit stations. In addition, development standards, such as minimum building setbacks, are implemented to encourage pedestrian friendly..
Read More
City of Chapel Hill Watershed Protection District
Date Added: Monday, May 1, 2017Watershed Protection, Wetlands & Watercourse Protection
North Carolina
Municipal
This ordinance focuses on watershed protection for the New Hope Watershed that drains into Jordon Lake. It sets limits for development in the Watershed District and describes the uses within the area. The Board of Adjustment is empowered to ensure that the regulations in the law are followed...
Read More
Town of Cazenovia Lake Watershed Residential Use District
Date Added: Monday, May 1, 2017Development Standards, Open Space Preservation, Site Design Standards, Watershed Protection, Zoning, Wetlands & Watercourse Protection
New York
Municipal
§ 165-11 and § 165-12 of the Town Code for the Town of Cazenovia list several regulations that are designed to limit the use of the lake and the development of property around the lake. Buildings in the designated area around the lake, except for churches and schools, have height limits, and buildings and lots have minimum size requirements. No machinery, equipment, or vehicles used in a business can be stored outside. Boat houses cannot be used for residential purposes and are limited by size and structure requirements. Recreational use an..
Read More
City of Carlsbad Second Dwelling Units Ordinance
Date Added: Monday, May 1, 2017Affordable Housing , Development Standards, Fair Housing, Zoning
California
Municipal
The Second Dwelling Units Ordinance allows the construction of second dwelling units by permits, subject to certain requirements, in order to achieve affordable housing goals...
Read More
Town of Brookhaven Wetlands & Waterways Ordinance
Date Added: Monday, May 1, 2017Development Standards, Site Design Standards, Site Plan Approval, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
The purpose of Chapter 81 of the Town Code, for the Town of Brookhaven is to protect surface waters, lands underwater and wetlands since they are important natural resources to the town. This statute applies to all lands defined as wetlands or waterways, to any activity in an adjacent area of a wetland or waterway, or to any activity that has the potential to adversely impact wetlands or waterways. No person shall conduct any regulated activity within such lands without obtaining permission from the town. Regulated activity includes dredging..
Read More
Town of Brookhaven Wetland Overlay District Ordinance
Date Added: Monday, May 1, 2017Coastal Protection, Development Standards, Overlay District, Site Design Standards, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
Increasing demand for development on property containing wetlands and surface waters may adversely impact and impair such natural resources. This statute creates an overlay district to protect property containing such resources. This statute uses Chapter 81 of the Town Code, Articles 24 and 25 of the New York Environmental Conservation Law, and maps drawn by the New York State Department of Environmental Conservation to determine what areas should be considered wetlands, buffer zones, etc. and protected in the overlay district. This statute ..
Read More
Town of Brookhaven Tree Preservation Ordinance
Date Added: Monday, May 1, 2017Site Design Standards, Tree Preservation & Protection, Subdivision Approvals, Timber Harvesting, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
New York
Municipal
Chapter 70 of the Town Code for the Town of Brookhaven regulates the destruction and removal of trees within the town. Permission must be obtained from the town before a tree can be removed from property which is zoned for commercial or industrial use or which is larger than two acres. Permission must also be obtained for acts that will cause a tree to die on such property. When determining the size of the property, contiguous parcels of property that are subject to common ownership are deemed merged. There are however, certain exemptions. ..
Read More
Town of Brookhaven Transfer of Development Rights Ordinance
Date Added: Monday, May 1, 2017Affordable Housing , Transfer of Development Rights (TDR), Workforce Housing
New York
Municipal
The Town of Brookhaven has determined that a transfer of development rights program is necessary to prevent adverse impacts due to inappropriate development, to facilitate the objectives of the Comprehensive Land Use Plan and to provide relief in cases of hardship. This is accomplished through a Transfer of Development Rights Program and Transfer of Development Rights Clearinghouse of which the establishment and implementation of such is given in this local law, including the use of such a program in association with Multiple Family Housing, Pl..
Read More
Town of Brookhaven Stormwater Drainage System Plan
Date Added: Monday, May 1, 2017Stormwater Management, Subdivision Regulations, Watershed Protection
New York
Municipal
The Town of Brookhaven requires that all preliminary stormwater drainage system plans show storm drains and structures, capacity of stormwater recharge basins and watershed outlines with their approximate area...
Read More
Town of Brookhaven Training for Local Boards Ordinance
Date Added: Monday, May 1, 2017Local Boards, Mandatory Training
New York
Municipal
The Town of Brookhaven created this local law to mandate certified educational training for all Zoning Board of Appeals and Planning Board members and to require notification of such a requirement to prospective members. Procedure is also given for removal of members if in violation of this law...
Read More
Town of Brookhaven Planned Retirement Congregate Housing Community Ordinance
Date Added: Monday, May 1, 2017Affordable Housing , Senior Housing
New York
Municipal
Chapter 85, Article XIIA of the Town Code for the Town of Brookhaven creates a Planned Retirement Congregate Housing Community District, in order to give affordable housing options to the elderly community in the Town of Brookhaven, NY. ..
Read More
Town of Brookhaven Neighborhood Preservation Ordinance
Date Added: Monday, May 1, 2017Quality of Life, Urban Renewal
New York
Municipal
Chapter 82 if the Town Code for the Town of Brookhaven is aimed at preserving aesthetic integrity of residential neighborhoods, preventing neighborhood blight, protecting residential property values, encouraging residential property maintenance and enhancing the quality of life in residential neighborhoods. ..
Read More
Town of Brookhaven Nature Preserves Ordinance
Date Added: Monday, May 1, 2017Open Space Preservation, Scenic Resources, Wildlife & Fish Habitat, Natural Resource Protection & Conservation
New York
Municipal
The purpose of this law is to create nature preserves and to keep these areas in their existing natural or near natural state for the benefit of present and future Town residents. The law address such topics as the evaluation and dedication of parcels to nature preserve, management of nature preserves, volunteers, nature preserves designated on lands not owned by the Town, use of nature preserves, hours of operation, responsibility for loss, damage or theft, prohibitions, removal of all or portions of site from nature preserve, “Adopt-A-Preser..
Read More
Town of Brookhaven Moratorium on Telecommunications Facilities
Date Added: Friday, April 28, 2017Communications, Comprehensive Planning, Moratoria, Smart Growth
New York
Municipal
Chapter 17 of the Town Code for the Town of Brookhaven places a moratorium on telecommunications facilities (cell phone, mobile phone or wireless phone antenna towers) until a comprehensive plan is developed. The town’s purpose is to insure the installation of the towers and facilities in a manner that is expeditious, maximizes services, and benefits the community, while simultaneously minimizing adverse visual impacts and reducing the potential for adverse physical damage to adjacent properties...
Read More
Town of Brookhaven Moratorium on Development of Substandard Parcels
Date Added: Friday, April 28, 2017Comprehensive Planning, Moratoria
New York
Municipal
Chapter 17C of the Town Code for the Town of Brookhaven creates a moratorium halting construction on substandard parcels (lot width of less than 60 feet or a lot area of less than 6,000 square feet) until the Board completes planning studies to enact comprehensive zoning changes. Though, there are exceptions for work in progress and hardship as described below. The moratorium is based on a desire for comprehensive planning and smart growth for the present and the future. ..
Read More
Town of Brookhaven Land Division Ordinance
Date Added: Friday, April 28, 2017Subdivision Approvals, Zoning
New York
Municipal
This law sets forth the application requirements for persons seeking to divide their land into multiple plots. ..
Read More
Town of Brookhaven Historic Preservation District
Date Added: Friday, April 28, 2017Comprehensive Planning, Historic District Preservation, Local Boards
New York
Municipal
This law empowers the Town Planning Board to create a Historic Preservation District in the Town of Brookhaven. The law also includes provisions for: creating the Historic District Advisory Committee, the possible exclusion of religious institutions from the district, the maintenance and taxation requirements for structures within the district, and the penalties for disobeying the requirements of the law for persons owning buildings within the district. ..
Read More
Town of Brookhaven Water Resources Ordinance
Date Added: Friday, April 28, 2017Aquifer Protection, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
Chapter 78 of the Town Code for the Town of Brookhaven intends to protect local groundwater from appropriation, pollution, and removal. No person may remove subterranean water or discharge industrial waste into such water within the town without obtaining a permit. A person may remove subterranean water provided it is recharged into the ground in the town. Permits are issued only if the removal of the water or the discharge of waste will not diminish or harm the supply of groundwater. The town may charge a fee to use the water. The town ma..
Read More
Land Use Law Center Streamlined Review & Approval Process
Date Added: Saturday, April 22, 2017Streamlining
New York
Municipal
For cities and villages to encourage needed development and the tax base benefits it brings, they must be certain that the process of receiving, reviewing, and acting on applications for land use approvals is efficient, saving applicants the time and cost of undue delays. Streamlining ensures that this process is as clear and understandable as possible, from the moment an applicant enters city or village hall until a Certificate of Occupancy for a project is secured. This document is designed to assist municipalities in assessing the purpose o..
Read More
Land Use Law Center Economic Development Policy Statement
Date Added: Saturday, April 22, 2017Economic Development
New York
Municipal
This draft document is to assist the cities and villages participating in the Mayors’ Redevelopment Roundtable regarding the initiation of a strategic sustainable economic development planning effort. This resolution identifies the objectives of the economic development policies to be considered by Roundtable communities and outlines the process to be followed at the local level. Its purposes are to set the stage for each community to create and adopt an economic development policy as a supplement to its comprehensive plan and, by acting in co..
Read More
Land Use Law Center Diagnostic Checklist of Redevelopment Readiness Techniques
Date Added: Saturday, April 22, 2017Economic Development, Land Use Planning
New York
N/A
The Land Use Law Center created this checklist to assess a municipality’s readiness for redevelopment. The checklist contains questions intended to determine what redevelopment strategies a municipality has in place or will be able to implement. The diagnostic checklist assesses readiness in nine areas, including financial incentives and community support. The information obtained using this diagnostic checklist can be used to tailor redevelopment strategies to a municipality’s needs.
*This document was prepared with funds provided by the..
Read More
Land Use Law Center Model Comprehensive Economic Development Policy
Date Added: Saturday, April 22, 2017Comprehensive Planning, Economic Development
New York
Municipal
This model economic development policy is designed to supplement the comprehensive plans of communities participating in the Mayors’ Redevelopment Roundtable (MRR). It contains strategies that will increase the tax base, add jobs, reduce per capita municipal costs, and create new land uses that are needed to transform the local economy so that other critical comprehensive plan objectives can be addressed. It can be adopted as a whole or used as a menu of options to guide municipal actions regarding economic development according to local needs...
Read More
Land Use Law Center Strategies for Sustainable, Economic Development Checklist
Date Added: Saturday, April 22, 2017Economic Development, Land Use Planning
New York
Municipal
The Land Use Law Center created this checklist to assist municipalities in planning for sustainable, economic development. The goal is encourage use of strategies that encourage development that is environmentally conscious and economically prosperous. The checklist contains guidance on improvements in eighteen different areas, such as developing code for transit-oriented development districts and encouraging neighborhood-organized improvements.
*This document was prepared with funds provided by the New York State Department of State und..
Read More
Tahoe Region Bonus Unit Incentive Program
Date Added: Saturday, April 22, 2017Incentive Zoning
State: Not Applicable
Regional Planning Entity
The Tahoe Regional Planning Authority Bonus Unit Incentive Program encourages the provision of environmental services to the Tahoe region, which may include land conservation and protection, regional smart growth infrastructure, habitat restoration, public recreation opportunities, and reduced land cover, in return for additional units for a residential or tourist accommodation project. The program grants additional residential units or tourist accommodation units based on a point system rewarded for mitigation measures to the region above and ..
Read More
Land Use Law Center Strategies for Scattered Site & Infill Development Checklist
Date Added: Friday, April 21, 2017Land Use Planning, Urban Renewal, Vacant & Distressed Properties, Streamlining
New York
Municipal
The Land Use Law Center created this checklist to assist municipalities in planning for infill and scattered site development. The checklist contains guidance from the beginning steps, such as identifying properties with redevelopment potential to engaging the community. The document also contains a checklist to present tools to help municipalities create and implement streamlined project review protocols to encourage economic development while still protecting the environment.
*This document was prepared with funds provided by the New Y..
Read More
City of Santa Fe Escarpment Overlay District Ordinance
Date Added: Wednesday, April 19, 2017Overlay District
New Mexico
Municipal
Creates an overlay district in the area of the escarpment (ridgetop). Stricter regulations and more plans are required to build in the escarpment area. No new subdivisions may be permitted that are entirely in the escarpment overlay district...
Read More
City of Omaha North Hills Environmental Resources Overlay District Ordinance
Date Added: Wednesday, April 19, 2017Overlay District
Nebraska
Municipal
Section 55-901 of the municipal code establishes the North Hills environmental resources overlay district. The ordinance was created because the North Hills area is characterized by “steep slopes and valleys with heavy forestation and ridge tops of forests or uncultivated grasslands.” The ordinance requires a special permit for grading and excavating, removing vegetation, and disturbing sensitive features which include native prairies, intermittent and perennial streams, loess bluffs and glacial tills, and extremely steep slopes. ..
Read More
City of Omaha ED Environmental Resources District Ordinance
Date Added: Wednesday, April 19, 2017Overlay District
Nebraska
Municipal
The environmental resources overlay district allows for the adoption of special standards for areas of “special natural environment significance or sensitivity.” Creation of these districts can be initiated by the mayor, the planning board, or the city council. In order for an environmental resources district to be adopted, an ordinance establishing the ED must be written and passed by the city council. ..
Read More
City of Greensboro Pedestrian Scale Overlay District
Date Added: Wednesday, April 19, 2017Overlay District
North Carolina
Municipal
The Pedestrian Scale Overlay District encourages infill, mixed-use and urban revitalization; features reduced setbacks and reduced parking requirements; and sidewalks and trails...
Read More
City of Clayton Overlay Zoning Districts Ordinance
Date Added: Tuesday, April 18, 2017Overlay District
Missouri
Municipal
The overlay zoning districts enable Clayton to make zoning districts that are identified by geographical characteristics. Overlay zoning district boundary maps define the limits to overlay districts, and the CBD is intended to promote pedestrian friendly commercial centers...
Read More
City of Chanhassen Bluff Creek Overlay District
Date Added: Tuesday, April 18, 2017Overlay District
Minnesota
Municipal
The goal of this ordinance is to protect the ecosystems within the local watershed. The region is mapped and classified, and development has to be designed to minimize the impact on the waterways, wetlands, bluffs, trees, and other natural features...
Read More
City of Louisville Waterfront Overlay District Design Standards
Date Added: Tuesday, April 18, 2017Overlay District
Kentucky
Municipal
The waterfront overlay district design standards were created to control development activity within the community along the waterfront due the importance of its appearance. Some of the design standards include considerations of functionality, continuity, and pedestrian activity, among other things as criteria which are evaluated before new development occurs. These standards are evaluated by the Waterfront Development Corporation...
Read More
City of McCall Shoreline & River Environs Overlay District Ordinance
Date Added: Tuesday, April 18, 2017Overlay District
Idaho
Municipal
The shoreline and river environs overlay district is designed to protect the water quality of Payette Lake and the North Fork of the Payette River, as well as the aesthetic views. McCall is known for its natural scenic beauty, which generates tourism and recreation in the area. One reason for the ordinance was to protect this economic resource by protecting viewsheds and fish and wildlife habitat. The most significant part of the ordinance establishes a 50-ft development setback from the lake and river, which helps protect the water resource..
Read More
County of Blaine Wildlife & Scenic Highway Overlay Districts
Date Added: Tuesday, April 18, 2017Overlay District
Idaho
Municipal
Although Blaine County, Idaho, has a small population (the largest city is Hailey, pop. 6000), its municipal code includes several environmental protections, including two overlay districts. The wildlife overlay district is designed to protect migratory routes of the major species in the county, particularly elk, deer, and antelope, by restricting residential development and requiring residents to work closely with the Idaho Department of Fish and Game. The scenic highway overlay district was written in part to prevent wildlife from being tra..
Read More
County of Maui Planned Development Ordinance
Date Added: Tuesday, April 18, 2017Open Space Preservation, Planned Development Districts, Natural Resource Protection & Conservation
Hawaii
Municipal
Maui County Zoning Ordinances include provisions for Planned Development and Lot Reduction, Open Space Incentives, and Cluster Development Overlay Zones. Planned Development is intended to encourage better design and land use, protect the natural environment, minimize traffic congestion, and improve living conditions. At least 20% of Planned Developments must be preserved as protected open space and designed as a park-like area. Lot reductions of 20% and multi-unit buildings are permitted in these developments, specific numbers depending on und..
Read More
City of Richmond Hill Conservation Preservation District Ordinance
Date Added: Tuesday, April 18, 2017Overlay District
Georgia
Municipal
This ordinances uses overlay districts for the protection of wetlands and the river corridor. Within these districts the ordinance provides not only for what can’t be done in these areas, but how certain activities are to be carried out...
Read More
County of Douglas Environmental Overlay District Ordinance
Date Added: Tuesday, April 18, 2017Overlay District
Georgia
Municipal
The ordinance establishes environmental overlay districts in order to protect the groundwater and wetlands of the community. Activities having the potential to impact the groundwater or wetlands are regulated, including the lot size for new homes which will require a septic tank or septic field, chemical or petroleum storage tanks, and any development within 100 feet of a wetlands area. The districts are marked on the town’s Zoning maps. ..
Read More
County of DeKalb Mountain Conservation District Ordinance
Date Added: Tuesday, April 18, 2017Overlay District
Georgia
Municipal
This ordinance establishes a protection overlay district for Arabia Mountain. The overlay district allows for reasonable development, while preserving the natural resources and scenic views of the mountain. ..
Read More
County of Kent Draft Growth Zone Overlay District
Date Added: Tuesday, April 18, 2017Overlay District
Delaware
Municipal
Proposed amendment to the Kent County growth zone overlay district seeks to more clearly spell out the requirements and guidelines pertaining to the growth zones. The goal is to direct future development to more desirable areas, as well as to ensure that there is an adequate infrastructure where future growth is planned...
Read More
City of Peoria Desert Lands Conservation Overlay
Date Added: Tuesday, April 18, 2017Overlay District, Natural Resource Protection & Conservation
Arizona
Municipal
The Desert Lands Conservation Overlay (DLCO) of the City of Peoria is designed to protect desert hillsides in the City from development. It seeks to protect the sensitive habitats of the Sonoran Desert found in Peoria by providing controls for the development of desert conservation features such as ridges and peaks, major rock outcrops, critical wildlife habitat corridors, washes and riparian habitats...
Read More
City of Mountain Brook Flood Plain Overlay Zone
Date Added: Tuesday, April 18, 2017Flood Prevention, Overlay District
Alabama
Municipal
This overlay zone provides for recognizing lands which are subject to flooding and restricting the use to which the lands may be put. An exclusive list of proper uses for the land includes activities such as recreational facilities, short-term parking, and cooking facilities...
Read More
Town of Brookhaven Great South Beach Zoning Ordinance
Date Added: Tuesday, April 18, 2017Coastal Protection, Erosion & Sedimentation Control, Zoning
New Hampshire
Municipal
This law was created to protect the Great South Beach in Fire Island National Seashore from ecological damage due to overdevelopment. The law does so by placing regulations on construction within the three districts that the island has been separated in to, which are: Residential, Oceanfront, and Commercial. ..
Read More
Town of Brookhaven Flood Damage Prevention Ordinance
Date Added: Tuesday, April 18, 2017Erosion & Sedimentation Control, Flood Prevention, Floodplain Regulations
New York
Municipal
This law attempts to minimize the amount of flood damage in the Town of Brookhaven by: (1) Regulating uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities, (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction, (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which are ..
Read More
Town of Brookhaven Central Pine Barrens District
Date Added: Tuesday, April 18, 2017Wildlife & Fish Habitat, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
The Town of Brookhaven, New York, uses its zoning code to prevent floods, protect floodplains and other sensitive environmental areas. The zoning contains the Pine Barrens Credit Program, a transfer of development rights program, to maintain the value in lands designated for preservation and protection. Additionally, the program allows environmentally sensitive development to occur in an efficient and orderly fashion, which protects the quality and quantity of waters and the integrity of the Suffolk County Central Pine Barrens ecosystem(s). The..
Read More
Village of Bronxville Site Plan & Subdivision Approval Standards
Date Added: Tuesday, April 18, 2017Site Design Standards, Stormwater Management, Subdivision Approvals, Watershed Protection, Natural Resource Protection & Conservation
New York
Municipal
The Village of Bronxville, New York, requires any land being cleared or altered, any building or other structure being constructed, demolished, moved, externally altered or enlarged, any water course, floodplain or wetlands being diverted, dredged or filled, any use of land, building, or other structure being changed, any building or other use permit being issued, to receive the final approval of a site plan granted by the Planning Board. However, detached single-family residential buildings permitted as-of-right under the applicable zoning reg..
Read More
City of Brookfield Well Head Protection Ordinance
Date Added: Tuesday, April 18, 2017Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
Wisconsin
Municipal
This law is designed to provide protection to the City of Brookfield’s water supply. The law includes standards and regulations, relating to well head protection, which apply to businesses and residents of the City. These standards proscribe distances which must separate the City’s well heads from certain types of businesses and certain land uses. The law also has placed a ban on some activities which present a possible danger to the City’s water supply, and discusses the penalties which would accompany the violation of these regulations. ..
Read More
Town of Brighton Subdivision Regulations Ordinance
Date Added: Tuesday, April 18, 2017Environmental Compliance, Stormwater Management, Subdivision Regulations, Watershed Protection
New York
Municipal
The town of Brighton, New York, requires developers to create and submit a separate drainage report in the preliminary plat when applying for subdivision approval. The drainage report includes calculations for runoff and pipe and channel sizing, will clearly indicate the disposal and flood hazard preventions and how all runoff will be handled during grading and development operations, and erosion and sedimentation prevention measures. Further, the stormwater mitigation facilities shall be as specified in the Town of Brighton Minimum Specificati..
Read More
Town of Brighton Stormwater Management Ordinance
Date Added: Tuesday, April 18, 2017Stormwater Management, Watershed Protection
New York
Municipal
This ordinance is intended to allow for the redesign of the drainage system in order to protect the residents from the dangers of stormwater runoff. There are requirements for where the drain patterns may lie and a hydraulic design will be used for the watershed. There are also provisions on how to improve the previous damages from stormwater runoff. ..
Read More
Village of Briarcliff Manor Protection of Natural Resources Ordinance
Date Added: Monday, April 17, 2017Steep Slope Protection, Natural Resource Protection & Conservation
New York
Municipal
§ 220-15 of the Municipal Code for The Village of Briarcliff Manor promulgates policy designed to protect the Village’s natural resources which include but are not limited to steep slopes, wetlands, forests, water bodies, exceptional or unique views and various unique, unusual or specific surface or subsurface factors pertaining to the soil. Special limitations are provided to protect the largest slopes as these shall not be developed or in any way physically modified, except when necessary for access, land or natural resources, preservation or..
Read More
Village of Briarcliff Manor Tree Ordinance
Date Added: Monday, April 17, 2017Environmental Compliance, Landscaping, Tree Preservation & Protection, Timber Harvesting
New York
Municipal
The Code of Briarcliff Manor Tree Ordinance sets out a well-defined tree-based protection plan consistent with the unique character of the Village which derives great benefit from the maintenance of the tree population. Tree removal is regulated based on the needs and desires of the community in both the public and private sector and local planning boards are developed as approving authorities in order to ensure compliance with the overall plan. ..
Read More
County of San Juan Open Space & Conservation Plan
Date Added: Monday, April 17, 2017Open Space Preservation, Natural Resource Protection & Conservation
Washington
Municipal
The San Juan County Open Space and Conservation plan is the result of an open space planning process, funded by San Juan County and The San Juan Preservation Trust. A primary goal of the plan is to identify and protect natural resources, with a focus on wildlife habitat. The plan proposes ways to implement five strategies of land conservation defined as information, education, incentives, regulation, and acquisition. ..
Read More
Town of Somers Scenic Resource Protection Ordinance
Date Added: Monday, April 17, 2017Natural Resource Protection & Conservation
New York
Municipal
The Scenic Resource Protection Ordinance seeks to safeguard the town's scenic resources, aesthetic, and cultural heritage, as embodied in the landscape and geologic features and improvements of the town. The regulation attempts to stabilize and improve property values in such scenic resource areas, preserve the semi-rural character of the town and promote traffic and pedestrian safety. ..
Read More
Town of Shelter Island Nature Preserve System
Date Added: Monday, April 17, 2017Natural Resource Protection & Conservation
New York
Municipal
The Town of Shelter Island Nature Preserve System is a regulation meant to supplement existing town regulations and procedures so that certain Town-owned and privately owned properties can be protected from inappropriate use and development. The Act is meant to protect the natural diversity that exists in natural areas that are being threatened by population growth and a developing economy. ..
Read More
National Environmental Policy Act of 1969
Date Added: Monday, April 17, 2017Natural Resource Protection & Conservation
State: Not Applicable
U.S. Federal
The National Environmental Policy Act of 1969 seeks to establish that all practicable means and measures be used to promote the general welfare and maintain conditions under which man and nature can exist in productive harmony. Under the Act, Congress seeks cooperation from agencies, and international and national cooperation, in attempting to reach their goals. ..
Read More
City of Biloxi Environmental Advisory Board Ordinance
Date Added: Monday, April 17, 2017Local Boards, Natural Resource Protection & Conservation
Mississippi
Municipal
The Board advises the City Council gives advice and assistance on specific environmental issues to the City Manager and Planning Commission. The Board conducts studies on environmental improvements and conservation and issues reports on its findings. The advisory board also bestows annual awards to individuals and groups who contribute to environmental quality, “including development that is consistent with a quality environment.” (Code 1959, § 2-12-1; Ord. No. 1557, § 1, 6-19-89)..
Read More
City of Apple Valley Natural Resources Management Ordinance
Date Added: Monday, April 17, 2017Natural Resource Protection & Conservation
Minnesota
Municipal
This broad natural resource management ordinance attempts to “protect, preserve, and enhance the natural resources and environment.” It forces the collection of data on the parcel in question and mandates low impact and best practices which preserve water quality, wetlands, trees, an reduce soil erosion among other issues...
Read More
Town of Mamaroneck Tree Cutting Ordinance
Date Added: Monday, April 17, 2017Tree Preservation & Protection, Natural Resource Protection & Conservation
New York
Municipal
Chapter 207 of the Town Code for the Town of Mamaroneck seeks to correct barren and unsightly conditions caused by the destruction or damage to shade, ornamental and evergreen trees and plants and the indiscriminate and excessive cutting of these trees in subdivisions and on private property. This Chapter sets out regulations on the removal of trees...
Read More
County of Lexington-Fayette Greenspace Commission
Date Added: Sunday, April 16, 2017Open Space Preservation, Natural Resource Protection & Conservation
Kentucky
Municipal
The urban county government of Lexington-Fayette has established a Greenspace Commission, which has been mandated to “(1) to develop a comprehensive open space plan and (2) to preserve, protect and enhance open space in the county”, and which is enabled to identify, for example, natural areas environmentally sensitive areas, and water resources and seeks to protect and preserve them and, where appropriate, to enhance them. In addition, the unique nature of this body has been the charge to “utilize and manage open space in a comprehensive and s..
Read More
County of Lexington-Fayette Rural Land Management Ordinance
Date Added: Sunday, April 16, 2017Natural Resource Protection & Conservation
Kentucky
Municipal
The Lexington-Fayette urban county government has established this ordinance as a means of institutionalizing the procedure for the protection of natural resources through conservation easement. According to the statue, found under Chapter 26 Rural Land Management (RLM), the RLM Board shall administer any conservation easement program funded by the urban county government, thus bestowing a considerable amount of discretionary power...
Read More
City of Decorah Conservation & Open Space Regulations
Date Added: Sunday, April 16, 2017Open Space Preservation, Natural Resource Protection & Conservation
Iowa
Municipal
This ordinance was created to protect mature and young woodlands and prevent the ecological degradation of heavily wooded areas, as well as protect drainageways, wetlands, and soil erosion and sedimentation control...
Read More
City of Sanibel Natural Resources Ordinance
Date Added: Sunday, April 16, 2017Wildlife & Fish Habitat, Natural Resource Protection & Conservation
Florida
Municipal
Sanibel officials and local conservationists are concerned about the introduction of invasive exotic vegetation to the island’s fragile ecosystem. Exotic species out-compete native vegetation, creating undesirable monocultures and altering the ecological character of the island. In order to curb the introduction of exotic species, this ordinance prohibits planting specific plant species known to be invasive...
Read More
County of New Castle Local Natural Resource Protection Ordinance
Date Added: Sunday, April 16, 2017Natural Resource Protection & Conservation
Delaware
Municipal
This ordinance provides regulatory protection of ecologically significant lands listed on Delaware’s natural areas inventory. It aims to accomplish this through establishment of protection standards, as well as specific guidelines for areas of importance including open space, flood plains, steep slopes, and forests...
Read More
City of White Plains Environmentally Sensitive Sites & Features Ordinance
Date Added: Sunday, April 16, 2017Natural Resource Protection & Conservation
New York
Municipal
To protect environmentally sensitive features, including watercourses, wetlands, and flora and fauna habitat, this ordinance regulates any area in the proximity of these environmentally sensitive ordinances. Requirements are based on proximity to environmentally sensitive areas. ..
Read More
City of Bainbridge Island Environmentally Sensitive Areas Ordinance
Date Added: Sunday, April 16, 2017Natural Resource Protection & Conservation
Washington
Municipal
This law focuses on the importance of having native vegetation zones in critical areas. It creates regulations for the preservation of these vegetation zones on Bainbridge Island, Washington...
Read More
City of Scottsdale Environmentally Sensitive Lands Ordinance
Date Added: Sunday, April 16, 2017Natural Resource Protection & Conservation
Arizona
Municipal
This ordinance works to preserve native desert lands and open space from development as on-lot easements or separate lots within any given property or subdivision. Natural Area Open Space (NAOS) within any given property is determined by slope and landform category and has protected thousands of acres of desert within the city’s developing landscape...
Read More
City of San Diego Abatement of Vacant Structures Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
California
Municipal
The City of San Diego, California, enacted an ordinance requiring that vacant and boarded buildings immediately be rehabilitated because they pose several risks to the community including: facilitating illegal activity, creation of fire hazards, and threatening general public health and safety.
The Director of the Neighborhood Code Compliance Department or any other Director authorized by the City Manager may enforce the ordinance. Violations of the ordinance result in misdemeanors, injunctive relief, or civil damages. Upon the Director’..
Read More
City of Portland Demolition or Repair of Derelict Buildings Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
Oregon
Municipal
Portland, Oregon, enacted an ordinance that requires the destruction, repair, rehabilitation, or removal of any dangerous or derelict structure. Derelict structures are usually identified by the Director of the Bureau of Development Services and include, but are not limited to structures that are boarded, vacant, or unsecured, and previously had a public nuisance abated by the city. A property violates the ordinance until it has been lawfully occupied, demolished and regraded under proper permit, or the owner has proved to the Director that t..
Read More
City of Philadelphia Property Maintenance Code
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
Pennsylvania
Municipal
The Philadelphia, Pennsylvania Legislature enacted an ordinance called the Property Maintenance Code. The ordinance requires that all vacant premises be kept in a sanitary, safe, and secure manner. All entranceways, such as windows and doors, must be maintained in good repair and secured, not boarded. Failure to keep building entranceways secure will result in an unsafe building designation.
Upon an unsafe designation by the Building Department, notice shall be served upon the registered owner ordering compliance with the ordinance. Owner..
Read More
City of Minneapolis Demolition of Vacant Properties Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
Minnesota
Municipal
Minnesota state statues allow cities to enact ordinances to handle the problems associated with hazardous and vacant buildings. In turn, the Minneapolis legislature enacted a statute authorizing the city to rehabilitate or demolish buildings to enhance livability, preserve the tax base, and abate public nuisances created by these buildings.
The ordinance allows the director of inspections to secure vacant and hazardous buildings and serve notice on the property owner. If the owner fails to reply within six days, the director may authoriz..
Read More
City of Baltimore Special Tax Sale Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
Maryland
Municipal
The Maryland State Legislature enacted House Bill 743 in 2000. This Bill created a procedure known as a special tax sale in Baltimore, Maryland. Upon a commitment by a purchaser to quickly foreclose and redevelop properties, the City may package vacant properties in a tax lien sale, setting the minimum bid prices less than the full amount of payments owed on the property, including unpaid taxes, fines and penalties assessed on the unpaid taxes, and the costs incurred in making the sale. If the purchaser fails to comply with the stipulations ..
Read More
City of Greensboro Repairing Buildings for Human Inhabitation Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
North Carolina
Municipal
The North Carolina Legislature enacted a statute for the City of Greensboro allowing the local legislature to assign a public officer authority to serve complaints upon the owner/party in interest of homes that do not meet the minimum standards of their housing code. Before issuing a complaint, the public officer must be notified by at least five residents of the breach of the housing code. The complaint shall notify that owner/party in interest that they have 10-30 days to schedule a public meeting, and that they have the right to file an an..
Read More
District of Columbia Quick Acquisition of Abandoned & Nuisance Property
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
State: Not Applicable
Municipal
The District of Columbia enacted the Quick Acquisition of Abandoned and Nuisance Property Act. This act provides the Mayor authority to file petition in the Superior Court of the District of Columbia to alleviate nuisance and blight conditions on abandoned properties. The petition may seek to condemn, take possession, or take title to abandoned properties. Upon filing petition, the Mayor must deposit with the court, fair market value of the abandoned property and file notice of the petition with the recorder of deeds. If the fair market val..
Read More
City of Clive Architectural Development Standards
Date Added: Saturday, April 15, 2017Development Standards
Iowa
Municipal
The city of Clive, Iowa, enacted an Architectural Design Ordinance. The ordinance requires that site plan approval be submitted and reviewed by the Planning and Zoning Commission and the City Counsel in accordance with the architectural standards set forth in the ordinance. The purpose of the ordinance is: to decrease the visual and audible impact of service areas, loading areas, or similar operations on adjoining properties and general public; reduce negative aesthetic impacts of large buildings; and create a compatible look for buildings by..
Read More
City of Chicago Vacant Buildings Registration Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
Illinois
Municipal
The city of Chicago, Illinois, enacted an ordinance requiring owners of vacant buildings to perform several tasks within 30 days of the building’s vacancy. These tasks include: enclosing and securing the building; posting a sign on the building providing the owner’s and his or her agent’s contact information; acquiring substantial liability insurance for the building and; registering the vacant building with the Department of Buildings. This registration last for six months and costs $250. If the building remains vacant at the end of the si..
Read More
Village of Bellwood Neighborhood Preservation Program
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
Illinois
Municipal
The Village of Bellwood passed an ordinance creating a Neighborhood Preservation Program in an effort to prevent the deterioration and abandonment of housing in traditional neighborhoods; preserve, coordinate, and concentrate maintenance efforts in designated areas; promote private investment in housing in those neighborhoods; and promote community involvement in all such activities. The Program sets forth six (6) criteria under which an area is eligible for designation as a Neighborhood Preservation Area, including but not limited to: where t..
Read More
City of Baltimore Vacant Building Receivership Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
Maryland
Municipal
Baltimore, Maryland, enacted an ordinance granting a Building Official authority to petition the Court for appointment of a receiver to raze, rehabilitate, or sell a vacant building. The petition must include: a copy of the original notice and order to rehabilitate; affirmation by affidavit that the rehabilitation has not yet been completed; and the identity of the proposed receiver (if it is not the Building Officer).
As an alternative to assigning a receiver, the Court may appoint an owner, mortgagee, or other person in interest to the ..
Read More
San Francisco Bay Conservation & Development Commission
Date Added: Saturday, April 15, 2017Sea Level Rise Adaptation
California
Municipal
The San Francisco Bay Conservation and Development Commission’s 2008 Bay Plan incorporates policy considerations that are responsive to sea level rise. Because the Commission found that water levels in the Bay are likely to increase due in part to rising global sea levels, the Bay Plan establishes policies that structures on fill or near the shoreline have adequate flood protection and that all proposed development projects be “sufficiently high above the highest estimated tide level” for the expected life of the project. Furthermore, the Pla..
Read More
County of Miami-Dade Coastal Management Planning Element
Date Added: Saturday, April 15, 2017Coastal Protection, Sea Level Rise Adaptation
Florida
Municipal
The Board of County Commissioners for Miami-Dade County, Florida, adopted the Planning Commission’s Comprehensive Development Master Plan (CDMP) in order to promote general welfare, maintain conditions under which people and nature can coexist in “productive harmony” and fulfill social, economic, and other requirements for present and future generations. Section 2-113.1 of the Codex specifically incorporates the CDMP’s Planning Elements. The Coastal Management Planning Element requires that sea level rise projected by the federal government b..
Read More
County of Miami-Dade Science & Technology Committee Climate Change Advisory Task Force Statement
Date Added: Saturday, April 15, 2017Coastal Protection, Sea Level Rise Adaptation
Florida
Municipal
In July 2006, the Miami-Dade County Board of Commissioners passed an ordinance creating the Miami Dade Climate Change Advisory Task Force to provide technical assistance and advice to the Board of County Commissioners concerning mitigation and adaptation measures in response to the impacts of global climate change. The Task Force consists of twenty-five appointed members representing various sectors of the Miami-Dade community including government agencies and educational institutions.
The Science and Technology Committee is one of six commit..
Read More
City of Malibu Local Coastal Program Implementation Plan – Shoreline & Bluff Development
Date Added: Saturday, April 15, 2017Development Standards, Sea Level Rise Adaptation
California
Municipal
The City of Malibu requires the design and siting of all new shoreline development and shoreline protective devices to consider anticipated accelerated sea level rise. The City requires that new development be sufficiently set back and elevated to minimize to the maximum extent feasible hazards associated with anticipated sea level rise over the expected one-hundred year economic life of the structure. All applications for new beach or bluff-top development must include an engineering analysis of coastal hazards, including future projections ..
Read More
Town of East Hampton Policy Statement & Coastal Overlay District Ordinance
Date Added: Friday, April 14, 2017Coastal Protection, Overlay District, Sea Level Rise Adaptation
New York
Municipal
The Town of East Hampton acknowledges that, while the extent of future sea level rise and increased storm activity may be uncertain, “it is well established that present sea level is rising and statistically certain that storms will be an ever-present threat to the Town’s coastal zone.” By enacting the coastal flooding and erosion control recommendations of the Town’s Local Waterfront Revitalization Program, Policies 11-17, the Town’s Coastal Overlay District (COD) is intended to improve protection of coastal resources in East Hampton. The CO..
Read More
Town of Duck Rebuilding & Reconstruction; Damaging Storms Ordinance
Date Added: Friday, April 14, 2017Coastal Protection, Sea Level Rise Adaptation
North Carolina
Municipal
The Town of Duck, on North Carolina’s Outer Banks, is a coastal community that has adapted local regulations implementing the State’s Coastal Areas Management Act of 1974. The Act encourages cooperative land use planning between the state and local governments and is the State’s policy that “adequate plans for post-disaster reconstruction should be prepared by and coordinated between all levels of government prior to the advent of a disaster.” The town of Duck created a short-term building moratorium to allow the community time to assess dama..
Read More
County of Collier Coastal Zone Management Ordinance
Date Added: Friday, April 14, 2017Coastal Protection, Environmental Impact Review Requirements, Sea Level Rise Adaptation
Florida
Municipal
In order to protect, conserve, and appropriately use its coastal areas, the Collier County Coastal Zone Management ordinance requires planning consistence, site development prioritization, and impact planning that considers potential impacts of sea level rise. The law requires that all new and existing development in the coastal zone furthers the goals, objectives and policies of the Growth Management Plan’s Conservation and Coastal Management Element, preserving native vegetation and limiting development densities for sites within undeveloped..
Read More
Town of Barnstable Wetlands Buffer Zone Regulation; Conservation Commission Regulatory Summary
Date Added: Friday, April 14, 2017Buffer Zones, Coastal Protection, Development Standards, Sea Level Rise Adaptation
Massachusetts
Municipal
The Town of Barnstable’s Wetlands Buffer Zone Regulation Summary acknowledges that accelerated sea level rise will result in increased coastal erosion processes and impact land erosion, storm drainage, flooding and wetland loss. To address these impacts, the Town of Barnstable requires fifty-foot buffer zones for any land subject to flooding, inundation by groundwater, surface water, tidal action, or coastal storm flowage.
In the Conservation Commission’s Regulation Summary, revised in 2006, the Commission established additional performanc..
Read More
New York State Tax Exemption for Wind Energy Systems
Date Added: Friday, April 14, 2017Wind Energy
New York
State
This NY state law provides a tax exemption for person with wind energy systems on their property if they were built before 1988 or between 1991 and 2011. The law exempts the property owner to the extent that the property value increases because of the presence of a wind energy system for a period of 15 years. A municipality has the authority to remove the exemption for any wind energy system constructed after 1991. If a municipality has not removed exemption, it may require the owner of property to enter a PILOT agreement for a term of no more..
Read More
Town of Eden Wind Energy Conversion Systems Ordinance
Date Added: Friday, April 14, 2017Wind Energy
New York
Municipal
Chapter 217 of the Town Code for the Town of Eden is designed to promote the effective and efficient use of wind energy conversion systems (WECS) and to regulate the placement of wind energy conversion systems so that the public health, safety, natural resources, and aesthetics will not be jeopardized. ..
Read More
Town of Wethersfield Wind Energy Conversion Device/Farm Licensing, Siting & Design Regulations & Requirements Law.
Date Added: Friday, April 14, 2017Wind Energy
New York
Municipal
In 2006, the Town of Wethersfield adopted the "Town of Wethersfield Wind Energy Conversion Device/Farm Licensing, Siting and Design Regulations and Requirements Law.” The law establishes numerous requirements related to setbacks, safety, sound, shadow flicker, wildlife impacts, farming impacts, etc. Wethersfield requires applicants to obtain a license in order to operate the wind farm. This license can be renewed every five years, with fee relating to megawatt capacity...
Read More
Town of Warren Wind Energy Facilities Law
Date Added: Friday, April 14, 2017Wind Energy
New York
Municipal
The Town of Warren adopted a “Wind Energy Facilities” law in 2005. The law establishes procedural requirements as well as requirements for sound and setbacks. Additionally, the legislation requires applicants to fund an interest bearing account, the funds of which will be used to decommission the facility. Wind facilities must be de-commissioned after 25 years...
Read More
Town of Malone Wind Energy Facilities Ordinance
Date Added: Friday, April 14, 2017Wind Energy
New York
Municipal
In 2006, the Town of Malone enacted a “Wind Energy Facilities” statute which prohibits commercial wind energy conversion systems (WECS) but permits small WECS and WECS used solely for agricultural operations. Town of Malone has exercised its right to opt out of NY Real Property Tax Law § 487...
Read More
Town of Eagle Wind Energy Conversion Facilities Siting Law
Date Added: Friday, April 14, 2017Wind Energy
New York
Municipal
The Town of Eagle enacted a Wind Energy Conversion Facilities Siting Law in 2005. The law requires that construction be preceded by review, approval, and licensing and must fully comply with State Environmental Quality Review Act (SEQRA). When determining whether to issue license, town board shall consider approved site plan, aesthetic impact, location impact, physical impact, economic impact, and sociopolitical impact, and general health and welfare of community...
Read More
Town of Canadice Wind Energy Conversion System Ordinance
Date Added: Friday, April 14, 2017Wind Energy
New York
Municipal
The Town of Canadice enacted a law to regulate wind energy conversion systems (WECS) in 2006. This law establishes regulations for industrial, commercial, and residential WECS. The law establishes requirements related to issues including: setbacks, height, aesthetics, wildlife and noise. The law also has provisions related to deconstruction and removal of inactive wind turbines...
Read More
City of Olympia Urban Forestry Ordinance
Date Added: Friday, April 14, 2017Tree Preservation & Protection
Washington
Municipal
This ordinance creates and adopts an urban forestry element in the Olympia Comprehensive Plan. It acknowledges the important contributions that trees make to the city of Olympia in maintaining its ecological integrity as well as making Olympia a desirable place to live and to visit. The ordinance calls for an urban forest management plan, landmark tree protection and replacement, a commitment to public awareness and public education, as well as the development of standards and criteria for the urban forestry program consistent with the Best M..
Read More
City of Tulsa Landscape Requirements Ordinance
Date Added: Friday, April 14, 2017Landscaping, Tree Preservation & Protection
Oklahoma
Municipal
The purpose of this ordinance is to provide landscape requirements in order promote the beautification of the city, preserve valued trees and vegetation, stability the ecological balance, and achieve an urban forest. The requirements apply to all land in which a building permit is sought...
Read More
City of Albuquerque Project Treestart Ordinance
Date Added: Friday, April 14, 2017Tree Preservation & Protection
New Mexico
Municipal
This ordinance aims to create an advisory committee that will promote tree planting in the city, particularly trees that are well suited to the arid environment and compatible with city life. ..
Read More
City of Kirkwood Subdivision Code
Date Added: Friday, April 14, 2017Erosion & Sedimentation Control, Landscaping, Tree Preservation & Protection, Subdivision Regulations
Missouri
Municipal
Kirkwood Subdivision requirements have two main environmental components. The first falls under Article 7, Minimum Design and Development Standards. The regulations require due regard for topography, watercourses, slopes etc. and are geared towards environmental protection. The second falls under Article 8, the Improvements section. This requires that improvements made to a site consider site grading and specific tree planting/replanting requirements...
Read More
City of Hannibal Tree Preservation Ordinance
Date Added: Friday, April 14, 2017Tree Preservation & Protection
Missouri
Municipal
The Tree Preservation Ordinance prohibits people from damaging trees or removing natural features from Central Park. ..
Read More
City of Bloomington Environmental & Urban Design Standards
Date Added: Friday, April 14, 2017Landscaping, Tree Preservation & Protection, Natural Resource Protection & Conservation
Indiana
Municipal
The primary focus of this ordinance is to promote the preservation and expansion of the city’s heavily vegetated environment. There are specific requirements for development and landscaping that promote plantings which will increase the percentage of tree crown coverage, provide shade in the summer, protect from winter winds, and satisfy other environmental and aesthetic goals...
Read More
Village of Long Grove Tree Preservation Ordinance
Date Added: Friday, April 14, 2017Tree Preservation & Protection
Illinois
Municipal
This regulation used the protection of the trees to further other environmental objectives such as soil stability, reduction of noise pollution, moderation of temperature, and wildlife habitat. It aims to achieve these goals by requiring replacement of trees which have been removed, damaged or destroyed, as well as by protecting older trees as determined by their diameter at breast height (DBH)...
Read More
City of Fayetteville Tree Preservation & Protection Ordinance
Date Added: Friday, April 14, 2017Landscaping, Tree Preservation & Protection
Arkansas
Municipal
This ordinance was enacted in order to provide for “regulation of the preservation, planning, maintenance, and removal of trees within the city.” This is achieved through the creation of a tree registry to protect trees that are valuable due to their history or their species. In addition, the ordinance provides guidelines for general protection of the trees under circumstances such as development, pruning, and planting. ..
Read More
City of Bentonville Tree Preservation & Protection Ordinance
Date Added: Friday, April 14, 2017Tree Preservation & Protection
Arkansas
Municipal
This ordinance was designed to preserve trees located on public property. Some of the ways this goal is to be achieved is through granting the city the exclusive right to plant, prune, maintain, and remove trees on public property. City employees performing these duties must have attended a workshop on basic tree science and pruning. In addition, non-city employees may not plant or remove a tree without prior notification...
Read More
Washington Township Town Center District Ordinance
Date Added: Friday, April 14, 2017Transportation & Land Use Planning, Transportation Efficient Development
New Jersey
Municipal
Washington Township’s “Town Center District” ordinance establishes standards for four different town center districts that create a mixed-use of housing, commercial, public and open space. It articulates policy statements to guide the review of all development applications within town center districts. There are 22 policies, including one that promotes a multi-modal transportation system, one that discourages uses that are automobile dependent, and one that promotes the creation of spaces that promote social interaction. The ordinance establ..
Read More
Town of Malta Downtown Overlay District
Date Added: Friday, April 14, 2017Overlay District, Transportation Efficient Development
New York
Municipal
Malta’s Downtown Overlay District is intended to concentrate new development within easy reach of existing and future transportation, and to incorporate traditional neighborhood design principles to create a pedestrian-friendly mixed-use town center. The ordinance encourages new residential development within a five-minute or ¼-mile walk of the town center and aims to develop compact, defined urban neighborhoods and to facilitate convenient and safe movement throughout the community for all modes of transportation...
Read More
City of Lacey Village Center Zone
Date Added: Friday, April 14, 2017Transportation Efficient Development
Washington
Municipal
Lacey’s “Village Center Zone” is a suburban model that, while perhaps reducing car dependence, does not link with much transit. The ordinance aims to alleviate use-segregated development, reduce sprawl that results in car dependence, and to promote the development of places with a pedestrian emphasis, connectivity, mixed-uses, and centralized public spaces. Bicycle paths and pedestrian connections are encouraged where possible and the use of cul-de-sacs and other roadways with a single point of access are minimized. While parking is limited ..
Read More
City of Mountlake Terrace Transportation Impact Fees Ordinance
Date Added: Friday, April 14, 2017Transportation & Land Use Planning, Transportation Efficient Development
Washington
Municipal
The Mountlake Terrace ordinance is not a TOD ordinance but it instead imposes transportation impact fees on new development that is expected to generate new vehicle trips on the City’s streets and roads. The ordinance is intended to ensure that adequate transportation infrastructure is available as growth and development occurs – it is not, however, intended to encourage development near transportation hubs. The ordinance sets forth impact fees for development within two service areas: One area is citywide, and requires certain fees to be colle..
Read More
Town of Pawling Timber Harvesting Ordinance
Date Added: Friday, April 14, 2017Timber Harvesting
New York
Municipal
This law seeks to protect natural resources from the adverse effects of timber harvesting such as erosion, sedimentation and drainage problems by requiring a permit for any tree clearing and timber harvesting activities. The law sets forth detailed requirements for permit application and review process where applicants must demonstrate compliance with performance standards...
Read More
City of St. Louis Division of Forestry Ordinance
Date Added: Friday, April 14, 2017Local Environmental Law, Timber Harvesting
Missouri
Municipal
The St Louis Revised Code delineates requirements for a Division of Forestry and the roles and responsibilities that accompany such a Division. The Commissioner of Forestry’s position is established here, as are his duties (which are to tend and monitor all publicly owned trees)...
Read More
Town of Clifton Park Selective Cutting of Timber Ordinance
Date Added: Friday, April 14, 2017Timber Harvesting
New York
Municipal
Chapter 184 of the Town Code for the Town Clifton Park regulates the cutting of trees six inches or more in diameter at breast height. In order to cut such trees, the law requires loggers to apply for a permit in accord with the permit procedure enumerated in § 184-3 of the ordinance. The ordinance charges the Building Inspector with the enforcement of the ordinance and the ordinance also sets for the penalties for noncompliance...
Read More
City of Maumelle Timber Management Plan
Date Added: Friday, April 14, 2017Timber Harvesting
Arkansas
Municipal
This ordinance requires that any harvesting of timber be conducted in a manner consistent with the Best Management Practices (BMPs) laid out in the Arkansas Forestry Commission’s Best Management Practices for Silviculture...
Read More
New York State Town Law Subdivision Review; Approval of Plats; Additional Requisites Ordinance
Date Added: Friday, April 14, 2017Subdivision Approvals
New York
State
This law authorizes Town Boards in New York State to do Subdivision Review. The topics covered include: the purpose, additional requirements, compliance with zoning regulations, reservation of parkland on subdivision plats containing residential units, character of development, application for area variance, installation of fire alarm devices, performance bonds or other securities and provision of improvements by town. ..
Read More
New York State Town Law Subdivision Review; Approval of Plats; Development of Filed Plats
Date Added: Friday, April 14, 2017Site Plan Approval
New York
State
This law authorizes town planning boards to approve preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways, within parts of towns that are outside the limits of any incorporated villages. Covered topics include: authorization for review of previously filed plats, filing of certificate, definitions, approval of preliminary plats, approval of final plats, approval and certification of final plats, default approval of preliminary or final plat, filing of decision on final plat, notice to coun..
Read More
New York State General City Law Subdivision Review; Approval of Plats; Additional Requisites Ordinance
Date Added: Friday, April 14, 2017Subdivision Approvals
New York
State
Chapter 21, Article 3, §33 of the General City Laws requires land shown on a plat to meet all health, safety and welfare requirements before it can be approved by the planning board. The section also includes additional requirements for streets and highways, monuments, zoning, parkland and residential units. The Zoning Board of Appeals can authorize an area variance for plats that do not comply with local ordinances, the Planning Board can waive certain requirements and a performance bond or other security can be furnished to the city by the ow..
Read More
New York State General City Law Subdivision Review; Approval of Plats; Development of Filed Plats Ordinance
Date Added: Friday, April 14, 2017Subdivision Approvals
New York
State
Chapter 21, Article 3, § 32 of the General City Laws provides the planning board with the authority to approve preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways. The section also defines the approval, certification and filing procedures for preliminary and final plats...
Read More
Town of Gardiner Subdivision of Land Ordinance
Date Added: Friday, April 14, 2017Subdivision Approvals
New York
Municipal
The Subdivision of Land ordinance in Chapter 188 of the Town Code for the Town of Gardiner charges the Planning Board with approval of all subdivisions and parcels within the Town. The code gives a full description of the transfer and uses of the land within subdivisions. The ordinance also imposes penalties for violations of the subdivision rules. ..
Read More
City of Milwaukie Solar Access Ordinance
Date Added: Friday, April 14, 2017Solar Energy
Oregon
Municipal
Milwaukie’s solar access ordinance seeks to provide solar access protection to new development in subdivisions, new and remodeled single-family homes, structures within single-family zoning districts and homes which make beneficial use of solar energy; promote energy conservation; and provide a means of encouraging investment in solar design and solar equipment...
Read More
City of Bend Solar Setback Ordinance
Date Added: Friday, April 14, 2017Solar Energy
Oregon
Municipal
Title 10-10 of the Bend Code attempts to provide as much solar access as feasible during the winter solar heating hours to existing or potential buildings by requiring all new structures to be constructed as far south on their lots as is feasible and necessary...
Read More
City of Ashland Solar Access Ordinance; Solar Zoning
Date Added: Friday, April 14, 2017Solar Energy, Zoning
Oregon
Municipal
In its Zoning Code, the City of Ashland has dedicated a lengthy chapter on Solar Access. The purpose of the Solar Access chapter is “to provide protection of a reasonable amount of sunlight from shade from structures and vegetation whenever feasible to all parcels in the City to preserve the economic value of solar radiation falling on structures, investments in solar energy systems, and the options for future uses of solar energy.” The rest of the chapter provides requirements for where solar energy systems may be placed including lot classifi..
Read More
City of Iola Solar Access Ordinance
Date Added: Friday, April 14, 2017Solar Energy
Kansas
Municipal
This ordinance dictates subdivision lot alignment in order to facilitate the use of solar energy systems, and establishes a program for solar skyspace easements to protect access to solar energy. It uses land-use regulations, not for a specific land-preservation goal, but for energy conservation purposes...
Read More
City of San Francisco Solar Energy Revenue Bond Ordinance
Date Added: Friday, April 14, 2017Solar Energy
California
Municipal
This is a voter approved ordinance which allows the city to issue 100 million dollars’ worth of revenue bonds to pay for solar panels, wind turbines and energy efficiency measures for public buildings. The measure is designed to pay for itself through energy savings and at no cost to taxpayers. The money that would have gone to buy electricity from power plants instead goes to pay down the bond. ..
Read More
Town of Somers Site Plan Review Ordinance
Date Added: Friday, April 14, 2017Site Plan Approval
New York
Municipal
The Town of Somers delegated the authority to review and approve site plans to the Planning Board. The board may prescribe conditions to encourage the most appropriate use of the land taking into account of among other items open spaces, environmentally sensitive lands, trees and vegetation. ..
Read More
City of Bend Land Use Review & Procedures Ordinance
Date Added: Friday, April 14, 2017Site Plan Approval
Oregon
Municipal
The Bend Land Use Review and Procedures Ordinance requires developers to consult and plan with the City and the public in order to obtain development permits, and in so doing forces development to comply with zoning and land use regulations as outlined in the city’s comprehensive plan. ..
Read More
New York State Site Plan Review Ordinance
Date Added: Friday, April 14, 2017Site Plan Approval
New York
State
This law authorizes cities in New York State to undertake the process of Site Plan Review. The law sets forth criteria which city zoning boards may use when doing Site Plan Review, such as: parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as any additional elements specified by the legislative body in such zoning ordinance or local law. The law also discusses other features of Site Plan Rev..
Read More
Town of Guilderland Site Plan Approval Ordinance
Date Added: Friday, April 14, 2017Site Plan Approval
New York
Municipal
This law outlines the application procedures required for site plan approval in the town of Guilderland, New York. The topics covered by the law include: authorization to grant or deny site plan approval; time of submittal; preapplication sketch; application for preliminary site plan approval; factors for consideration; modification; action on preliminary application; application for final detailed site plan approval; and action on the final detailed site plan application. ..
Read More
Town of Gardiner Notification Requirements for Applications Relating to Certain Land Use Approvals Ordinance
Date Added: Friday, April 14, 2017Site Plan Approval
New York
Municipal
The Town of Gardiner Notification Requirement for Land Use Approvals outlines the procedure for applications for land use approvals and zoning changes as they affect neighborhood property owners, the Town Board, the Planning Board, and the Zoning Board of Appeals. The law provides that notices of public hearings must be printed in local newspapers and lists the time frames in which parties must be notified regarding the application and the public hearing. The law also includes what radius of property owners must be notified for the following ap..
Read More
Licking Township Sewage Sludge Ordinance
Date Added: Friday, April 14, 2017Sewage Management
Pennsylvania
Municipal
This ordinance from Licking Township, Clarion County, Pennsylvania requires that each ton of sewage sludge intended for land application be tested to prove that the levels of pollutants, pathogens, and vector attractants that are listed in the Pennsylvania Municipal Waste Regulations have not been exceeded. The township is concerned regarding potential harmful effects to its residents and local environment. A tipping fee is levied to pay for the collection and testing of truckload samples. This ordinance also requires that any type of sludge..
Read More
Town of Ellington Crystal Lake Sewerage System Ordinance
Date Added: Friday, April 14, 2017Sewage Management
Connecticut
Municipal
This ordinance sets out the methodology by which the Water Pollution Control Authority (WPCA) assesses residential and commercial property owners in the Crystal Lake area most benefited by the sewer system constructed to eliminate public health hazards of under-sized, on-lot disposal systems and raw wastewater discharges in this high density area. Vacant land shall not be assessed by the WPCA until it is built upon and derives direct benefit from the system. Assessments may be spread out over up to 30 years, as determined by the WPCA, but remai..
Read More
Town of Batavia Sewer Use Ordinance
Date Added: Friday, April 14, 2017Sewage Management
New York
Municipal
This law regulates the use of public and private sewers and drains, the installation and connection of building sewers, the discharge of waters and wastes into the public sewer system, the quantity and quality of discharged wastes, the degree of pretreatment required, the control of industrial wastewater discharge and of other miscellaneous permits and provide penalties for violations thereof in the Town of Batavia, Genesee County, New York. These regulations prohibit the disposal into the public sewer system of any pollutant or waste by any pe..
Read More