Possible Points: 250 for the element.
Learn from the experiences of a community that was successful in earning credit for this CRS element! Check out the Success Story for Pima County, AZ.
Purpose of Element:
The purpose of this element is to reward communities that require or provide incentives to developers that use sustainable land use planning tools to design subdivisions and keep homes outside of the regulatory floodplain. These planning tools include, but are not limited to: Transfer of Development Rights (TDRs), cluster development, Planned Unit Developments (PUDs), density bonuses, and tax incentives for areas that are permanently preserved as open space. For reference, a summary of some of these planning tools is provided below.
Regulating or providing incentives to developers who purposefully avoid placing buildings, fill, and other encroachments in the floodplain portions of their land can be an effective way to protect the economic viability of the land while also ensuring that future homeowners are not subject to flood damages. Credit for this element is provided for implementing regulations that either manage development or provide incentives that effectively keep buildings outside of the regulatory floodplain to the maximum extent possible.
For example, 250 points can be earned if a community’s regulations require a developer to preserve all portions of the regulatory floodplain within a subdivision as open space. Up to 150 points can be earned if a community requires that all buildings within a subdivision be placed on existing high ground and outside of the regulatory floodplain. One less stringent example that is worth fewer points is requiring a developer to place all buildings on existing high ground and outside of the regulatory floodplain to the maximum extent possible, and requiring that development within the floodplain be completed in such a way that it minimizes its impact. Finally, a very minimal amount of credit can be earned by communities that recommend maintaining undeveloped areas in the regulatory floodplain as open space or low-density development in their land use plans. For more information see pages 420-21 – 420-28 of the CRS Coordinator’s Manual.
Summary of Some Credited Planning Tools:
Cluster Development - a site planning tool, which groups residential developments together on smaller lots thereby and leaving the remaining land as open space that can be used for other purposes like recreation or habitat protections. Cluster development can be implemented in a number of different ways. One approach is to make cluster development mandatory (Ohm, 1999). In this case, a parcel of land would have a fixed density assigned to it with minimum lot sizes (i.e. 1-2 acres), but also require that 50% of each lot be preserved as open space (Daniels, 2014). Another approach to implementing cluster development is to make it a voluntary option with an incentive associated with implementation (Ohm, 1999). In this case, a zoning ordinance may omit requiring a minimum lot size. Instead, a fixed density would be assigned to a parcel, which can be subdivided into lots of variable shapes and sizes (Mega et al., 1998). This allows the developer greater flexibility in the subdivision process, and allow them to divide the land in ways that avoid areas that are unfit to develop, like floodplains (Mega, Lukermann and Sykes 1998; Ohm, 1999). In order to encourage developers to consider this option, communities may include an incentive associated with implementing cluster development. For example, a community could increase the housing density allowed on the parcel (Ohm, 1999). This density bonus allows the developer to plat more lots on the development site, in exchange for clustering development (Ohm, 1999). An example of what cluster development looks like in comparison to a more traditional approach is pictured below.
Transfer of Development Rights - This market based tool allows communities to move development potential from one parcel of land to another based on their characteristics. To establish a market for development rights, the community in question must first establish areas that it wants to protect and designate areas for growth (Daniels, 2014). Areas that the community aims to protect are zoned such that development is limited, and are called sending districts (Daniels, 2014). Within sending districts, landowners are granted development credits, which can be sold in the TDR market to private entities. Areas that are designated for growth are called receiving districts (Daniels, 2014). If a developer would like to develop a parcel within the receiving district at a higher density than would otherwise be allowed, the developer must purchase development credits from landowners in the community’s sending district (Daniels, 2014). It is in this way that landowners in sending districts are compensated for the restrictions placed on their rights to develop by the community (Daniels, 2014). Locally, the price for development credits is set by the parties involved in the transaction.
Planned Unit Development - A type of development and regulatory process in which a large development, sometimes consisting of housing units and amenities like shopping areas, is planned and implemented cohesively (Miskowiak and Stoll, 2005; Ohm, 1999). The benefit of creating an entire cohesive development in this way is that it is a more efficient way to develop or redevelop areas of the community compared to creating several smaller sprawling subdivisions (Miskowiak and Stoll, 2005). Planned Unit Developments (PUDs) are established by the community’s zoning ordinances. PUD zones are not typically mapped, as they are commonly considered a special type of zone called a floating zone (Miskowiak and Stoll, 2005). Floating zones are named as such because they do not have a specific geography to which they apply. Typically the PUD zoning ordinance would describe areas which could be subject to this type of development but the rules and requirements of that ordinance do not go into effect until a project is proposed. The PUD zoning ordinance can include requirements for clustering buildings, provision of open space, and even ensuring the commercial and residential land uses are mixed (Ohm, 1999; Miskowiak and Stoll, 2005). In general, PUDs are thought to be more flexible than traditional zoning ordinances, but their success depends on the developer and community planning official’s willingness to be flexible in the PUD design process (Miskowiak and Stoll, 2005; Daniels, 2014; Ohm et al., 2002; Ohm, 1999).
Impact Adjustment: Yes. The impact adjustment is calculated by taking the ratio of the area covered by an open space incentive regulation to the total area of the SFHA. For more information see pages 420-25 – 420-27 of the CRS Coordinator’s Manual.
Potential to Double Count Credit: Yes. Areas that are credited for open space incentives may also receive credit under other elements of the CRS like that impact areas that are subject to development like elements 422.g. Low-Density Zoning (LZ) or 432.a. Development Limitations (DL). Additional credit could also be granted for element 422.h. Natural Shoreline Protection (NSP).
Degree of Difficulty - Documentation: Low. A community that already has regulations in place that qualify for open space incentives has little to do beyond mapping the areas that are subject to these regulations and providing copies of the required documentation to their ISO/CRS Specialist. Communities that do not have access to GIS may be challenged due to the mapping requirements associated with this element.
Degree of Difficulty - Implementation: Medium. Communities that are seeking to implement or alter their floodplain management regulations, subdivision regulations, or zoning ordinances in order to permit TDRs, PUDs, and cluster development may be challenged by this element. This is because integrating these planning tools into the communities’ ordinances and implementing them with developers requires expertise. In addition, a significant amount of time and effort will need to be dedicated in order to implement these changes.
Tips for Success:
- If your community does not have staff with expertise in implementing these planning tools, reach out to other municipalities for help! A CRS Users Group could be a good place to start your search.
- The use of cluster development and PUD techniques can result in the creation of new public lands. If your community is not able to maintain additional public lands or these areas are unsuitable for public use, consider donating these areas to local Land Trusts (Ohm, 1999).
Co-benefits Associated with this Element: The main benefit associated with this element is that the regulations or planning approaches promoted by it minimize the impact of development in the regulatory floodplain. This is because placing structures on high ground, clustering buildings in areas that are outside of the floodplain, and/or prohibiting buildings from being constructed in the regulatory floodplain all together maintains the capacity of the floodplain to store and convey flood waters.
This CRS element also has several co-benefits associated with implementation. By minimizing development within the regulatory floodplain critical fish and wildlife habitat is preserved. In addition, development techniques like clustering result in the creation of greater amounts of open space compared to conventional development (Mega et al., 1998). These open spaces can be used for recreational trails, playgrounds, or sport fields, which can be enjoyed by the surrounding community (Mega et al., 1998). Finally, the use of some of these planning approaches can save communities money because they allow development to occur in a more compact manner, which can result in lower service and maintenance costs (Ohm, 1999; Miskowiak and Stoll, 2005).