Agenda - Planning Commission - 09/05/2013

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geothermal pumps. Updating the code to allow geothermal pumps may be easiest. The type of system permitted in the community should be specified (i.e., open or closed loop); location and setback requirements for above -ground. and below -ground components should be iden- tified. Screening requirements should also be established. For a more in-depth discussion of issues related to regulating geothermal pumps, see the May zoio issue of Zoning Practice. The adoption of wind and solar power regulations draws more attention in some com- munities when neighboring property owners worry that wind turbines and solar arrays will have an impact on their properties. There are multiple sources of model wind and solar regu- lations available to local planners, and the big issues to consider for a zoning update include: (1) changing maximum height limits both to al- low solar panels on rooftops and to permit wind turbines obstacle -free access to the wind, (2) determining whether wind turbine(s) and solar panels or arrays are a primary or accessory use and whether permitting will be required, and (3) addressing the use of wind and solar systems in conjunction with nonconforming uses. For additional information about regulating wind and solar energy systems, see the July 2o08 and November zolo issues of Zoning Practice. Building Code versus Zoning Code Another approach to incorporating energy conservation and renewable energy production into the zoning code is to require the construc- tion of solar -ready homes that can be fitted with solar energy generation technology. From a structural perspective, communities can also consider the use of individual building compo- nents such as green or cool roofs, shade struc- tures, building insulation and green walls, or a green building rating system such as LEED or Energy Star. When adding these requirements to the zoning code, communities should also examine the potential overlap with existing or proposed building code standards to avoid conflicting regulations and confusion. STORMWATER MANAGEMENT In many communities, stormwater management and treatment is overseen by the public works department and is not considered a zoning issue except to the extent that stormwater manage- ment infrastructure is shown on final site plans for approval. This approach stems from the National Pollutant Discharge Elimination System permitting framework, established as part of the 1972 Clean Water Act, which identified polluted stormwater as an engineering "problem" best addressed by removing it from a site through a system of sewers and pipes, typically called gray infrastructure, that drained the stormwater to a detention basin or a wastewater treatment plant. As this approach has evolved, both public works and planning officials have moved to a site design model that incorporates green or wet infrastructure. The goal is to provide partial or complete on -site stormwater mitigation that both reduces stormwater runoff and improves the wa- ter's quality, while limiting the size, scope, and public investment in stormwater infrastructure. Incorporating stormwater management into site design also provides quality -of -life benefits such as public spaces and the enhanced aesthetic value of improved landscaping (EPA zoo7). Low Impact and Green Infrastructure Development Standards The most inclusive approach to establishing on - site stormwater treatment standards is the adop- tion of low -impact development (LID) and green infrastructure standards. Putting these standards in place and moving to a less engineered storm - water management approach may require a new level of coordination between the local planning and public works departments. A recent trend in addressing this issue is to update the zoning code to incorporate a specific standard for on - site stormwater management, such as "no net increase in stormwater runoff volume, rate, or pollutant loads from new construction and rede- velopment that adds more than x amount of im- pervious surfaces," and to provide a description of preferred low -impact and green approaches that can be used in the community. Communities then adopt engineering standards and specifica- This map, created by the National Renewable Energy Laboratory for the U.S. Department of Energy, shows the average daily solar resources available across the United States. tions for the individual techniques and required maintenance as part of the overall local engineer- ing design and review requirements. Given that the sample standard above is fairly strict, it's important to note that each community will need to determine to what degree it wants to, and is capable of, addressing stormwater on -site. For a more in-depth discussion of how to promote LID and green infrastructure through development regulations, see the September 2012 and zoio issues of Zoning Practice. Parking and Landscaping Standards When considering zoning updates for storm - water management, two key related issues for communities to tackle are reducing and rede- signing surface parking. This can be done either through specific updates to off-street parking provisions or as part of the overall adoption of LID and green infrastructure development stan- dards. Anecdotally, we know that many parking standards are based on outdated studies, were copied from neighboring communities or older model regulations, or have just been carried forward as long as anybody can remember. This has resulted in the over construction of parking spaces in oversized parking lots. Specific up- dates should include (1) reductions to required parking ratios, (2) the establishment of a park- ing maximum (e.g., no more than 110 percent of the minimum requirement), (3) standards for shared parking and including available on -street parking in the total parking count, (4) incen- tives and requirements to reduce or eliminate impervious surfaces in parking lots, and (5) updated parking lot/landscaping requirements to incorporate green infrastructure that allows stormwater to infiltrate the soil rather than sheet flow across the parking lot. A number of cities, ZONINGPRACTICE 7.13 AMERICAN PLANNING ASSOCIATION I page 5