Agenda - Planning Commission - 10/04/2007

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Under Section 107 ofthe model. (see page 6), the local planning commission has the primaiY responsibility for reviewing and approving a cluster development, although such a function could also be assigned to a hearing examiner. The model ordinance sets forth criteria for the commission to applyln deciding whether to approve the cluster development (Remember that the responsibilities of the local planning commission vaiY from state to state.) The model does not include a severabil- ity clause because it assumed this ordinance will be incorporated into a zoning code that will have one already. This model is based on a sample ordi- nance appearing in NOQpoint Source Pollution: A Handbook for Local Governments by Sanjay Jeer, Megan Lewis"Stuart Meck, Jon Witten, and Michelle Zimet, Planning Advisory Service Report No. 476 (ChiCago: American Planning Association, :l997). Local policy mak- ers, such as mayors, city council members, and planning commissioners, can use this article to familiarize themselves with the con- tents of land development regulations, alter- native ways to update such regulations, meth- ods to incorporate smart growth objectives, and types of smart growth ordinances. The model cluster development ordi- nance provides a starting point for discussion among policy makers as to the desirability and general approach to such regulations. In some cases, the model ordinance provides several regu,latory alternatives among which policy makers can select or, by working with their planners, devise a hybrid approach that suits their community. Professional planners can use the options discussed ifl the article to help policy makers understand land development regula- tion and how to meet smart growth objectives in the formulation of a town center ordinance. The article contains enough model language for planners to understand the technical and administrative complexities of smart growth ordinances and get into the details of drafting and administering one for cluster develop- ments. The primary smart growth principle addressed with cluster development is the preservation of open space and farmland. Secondary smart growth principles include creating distinctive and attractive places. Model provisions are followed by com- mentary and remarks concemingthe locally adopted ordinances used as a basis for draft- ing them. (c) decrease or minimize non point source poi- lution impacts by reducing the amount of impervious surfaces in site development; (d) promote cost savings in infrastructure installation and maintenance by such tech- niques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets; and (e) provide opportunities for social interac- tion and walking and hiking in open space areas. THE MODEL TOWN CENTER ORDINANCE WITH COMMENTARY 101. Purpose (1) It is the purpose of this ordinance to permit residential cluster development in order to: (a) encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography; (b) protect environmentally sensitive areas of a development site and preserve on a perma- nent basis .open space, natural features, and prime agricultural lands; Remem ber to consult your state statutes to employ definitions that are consistent with those statutes. These definitions were drawn from different sources and, while useful, may differ from those already established by your state legislation. Definitions of "affordable," "low-income household," and "moderate- income household" may need to be changed to comply with current requirements of the applicable federal or state construction or rehabilitation program. In particular, the ZONINGPRACTiCE 8.07 AMERICAN PLANNING ASSOCIATION 6,e 3