Integrating Sustainability in Policy, Planning and Zoning Jeff LeJava Associate Counsel Open Space Institute
WELCOME& OVERVIEW Pace LULC awarded a Cleaner, Greener Communities Program Grantfrom NYSERDAto work with four pilot municipalities to develop planning and zoning recommendations to implement specific aspects of the Mid- Hudson Regional Sustainability Plan
WELCOME& OVERVIEW City of Peekskill: Transit- Oriented Development Town of Mamaroneck: Green Infrastructure City of Kingston: Utility Coordination Town of Somers: Greater Access to Renewable Energy Focused on Community Solar Projects
PEEKSKILL Transit-Oriented Development (TOD)
PEEKSKILL TOD Barriers Somewhat limited permitted uses, including residential Pedestrian environment within Waterfront District could be improved Better integration of mixed uses needed Building height limitations impact efficient use of land
PEEKSKILL TOD Planning City does not have a written comprehensive plan Currently updating its Local Waterfront Revitalization Program (LWRP) that encompasses the City s waterfront, including its Metro-North station Working to integrate TOD supportive policies and provisions into the LWRP update and zoning
PEEKSKILL TOD Goals Promote new housing within ½ mile of train station Work to further mixed uses Improve pedestrian environment Goals to be reflected in updated LWRP
PEEKSKILL TOD Metrics Number of housing units by type Amount of new non-residential development Number of vertically mixed-use buildings Number of new commercial establishments by type Number of transit riders Length of high-quality sidewalks Number of zero-car households Percent income spent on transportation
PEEKSKILL TOD Zoning Recommendations Allow additional permitted uses (food & community-serving retail, services, civic & community facilities) Allow additional accessory uses (home occupations, accessory dwelling units, produce gardens/greenhouses) Increase residential density Increase building height limitation Allow off-street parking reductions for amenities that reduce parking demand
PEEKSKILL-NEXTSTEPS
MAMARONECK Green Infrastructure
MAMARONECK Green Infrastructure Barriers Like Peekskill, the Town does not have a written, municipal-wide comprehensive plan Need for more consideration of GI during land use approval process
MAMARONECK Planning for Green Infrastructure Town developed & is implementing Plan for a Resilient and Sustainable Mamaroneck Town is updating its joint LWRP with Village of Larchmont; LWRP area encompasses much of the Town Seeks to integrate & implement current GI initiatives identified in Sustainability Plan with LWRP policies and amendments to Town code
MAMARONECK Green Infrastructure Goals Promoting green infrastructure practices as alternative to expanding sewer lines Amending lot coverage, impervious coverage, tree canopy coverage, and detention tank requirements Increasing tree cover Retaining and cleaning runoff Implementing permeable pavement in new streetscapes
MAMARONECK Green Infrastructure Metrics Amount of impervious surface reduction Number of acres retrofitted with GI interventions Number of green roofs Number of rain gardens and infiltration practices Amount of stormwater diverted from sewer system Amount of flow volume reductions
MAMARONECK Green Infrastructure Code Recommendations Prevent building and filling in 100-year floodplain Forbid development on steep slopes Require site plan applicants to delineate natural conservation areas Require protection of conservation areas and native vegetation Allow pervious driveways Require stormwater BMPs from NYS Stormwater Management Design Manual criteria Allow rooftop runoff discharge to yards Promote stormwater infiltration to recharge groundwater
MAMARONECK-NEXTSTEPS
KINGSTON Utility Coordination
KINGSTON Utility Coordination Barriers Lack of utility coordination leads to upgrades that destroy complete street improvements Utility tree pruning of street trees Enforcement of sidewalk excavation permit & protected streets list
KINGSTON Planning for Utility Coordination City is about to adopt updated comprehensive plan Need for comprehensive plan goal and objectives that speak to improving communication and planning with utilities
KINGSTON Utility Coordination Goal Amended goal and established new objectives & strategies under Section 7, Public Facilities: Goal-Be proactive rather than reactive in improving and coordinatingpublic infrastructure, including City streets, water and wastewater infrastructure, and enhanced park facilities. Objective-Establish consortium to coordinate utility upgrades with City land use and sustainability plans: Regular communication and meetings Timely notice to Utilities Shared trenches and coordination of construction timing Utility notification of vegetation removal Utility activities consistent with City land use regulations Community involvement in facility siting decisions
KINGSTON Utility Coordination Best Practices Boston, MA Utility Coordination Software (COBUCS) Jersey City, NJ Street Excavation Regulations Require utilities to inform the City of anticipated excavation projects, Forbid road cuts within a minimum period of street repaving or reconstruction Require street restoration to the original condition just prior to excavation.
KINGSTON Programmatic Recommendations ID and gather contact info for all utilities Designate utility representatives Regular meetings to coordinate activities Advanced notice of proposed street reconstruction Tracking system that IDs conflicts and coordinates projects Enforcement mechanisms Street excavation regulations
KINGSTON-NEXTSTEPS
SOMERS Solar Access for All Community Solar
SOMERS Barriers to Solar Current comprehensive plan does not address solar Solar energy systems not defined in zoning Zoning does not exempt systems from bulk & area requirements Community-scale systems not permitted in zoning districts No approval process for systems other than smallscale, roof mounted systems ARB review Business Historic Preservation District (BH-P)
SOMERS Planning for Solar Somers is updating its existing comprehensive plan and adopted a Sustainability Action Plan in 2013 Seeks to allow solar energy systems in appropriate zoning districts to accommodate community solar projects in addition to individual systems Suggest types of systems, where to allow them, how to allow them
SOMERS Solar Goal Ensure solar energy generation capabilities for municipal and school facilities, residences, and businesses.
SOMERS Regulating for Solar Define small-scale and community-scale solar energy systems in the Town s zoning and allow these systems as principal, accessory, or special uses within the Town s zoning districts as appropriate. Ensure approval processes for solar energy systems facilitate system development while addressing any associated land use impacts. Exempt solar energy systems from dimensional standards and other zoning requirements that obstruct solar energy system development where possible or amend such provisions to accommodate these systems. Require new subdivisions to adhere to solar orientation requirements
SOMERS Next Steps To provide all of the populace of Somers access to Solar Energy the Town developed a comprehensive Solar program: Residential and Commercial Solar - Solarize Schools K-Solar State program Municipality Municipal Buying group Solar Gardens ownership in a virtual solar garden for those that fell out of the above programs.
Available at http://www.law.pace.edu/sites/default/file s/lulc/solar_barrier_removal_guide.pdf
Barriers to Solar Specific Permit Implementation 1. Fail to define solar electric systems appropriately; 2. Approve all solar electric systems using the same process, including by requiring a site plan; 3. Apply each zoning district s bulk and area requirements to solar electric systems; 4. Require architectural review board review for these systems; and/or 5. Require historic preservation commission review for solar electric systems.
Solarize Westchester Technical Assistance Contact: Jessica Bacher Land Use Law Center Pace Law School jbacher@law.pace.edu (914)422-4103
Integrating Sustainability in Policy, Planning and Zoning Thank you!