Challenges in Land Use Planning

1. Winter 2011 Conference “Building a Solid Foundation” ChallengesinLand Use Planning Presented by: Melvin C. (Chuck) Beall, Jr., P.E., Director Charles County Planning and Growth Management

2. What Are The Pressures & Influences On Local Land Uses? • Population Growth • Need for Affordable Housing • Smart Growth Policies • Environmental Protection • Infrastructure Constraints • Funding, Revenues

3. Population Growth - State Prepared by the Charles County Planning & Growth Management Department, December 28, 2010 Source: The Maryland Department of Planning, Planning Data Services Historical and Projected Total Population for Maryland's Jurisdictions - Annualized Growth Rates, Dec 2010

4. Population Growth Source: U.S. Census Bureau, 2009 Population Estimates, Census 2000

5. Affordable Housing - Choices Low Density Suburban and Rural? Or Urban With Transit?

6. Smart Growth PoliciesRecent Requirements • Growth Act (1992) • Smart Growth Act – Priority Funding Areas (1997) • Priority Preservation Areas (HB 2 in 2006) • Water Resource Element (HB 1141 in 2006)

7. Smart Growth Policies Direction • Preserve Farms & Forest Land • Assurance of Adequate Infrastructure • Preference for Urban Cores & Redevelopment

8. Smart Growth Policies Reporting • Senate Bill 276/House Bill 295 (2009) • Amount of Growth Inside and Outside of PFA’s • Net Density of Growth • Development Capacity – every three (3) years • Land Preserved • Maps

9. Smart Growth Policies Reporting – (Cont.) I. Annual Report Basic Requirements: 1. Changes that result from Comprehensive Plan Update 2. Zoning Changes 3. Infrastructure Changes 4. Map of changes listed in 1-3 and an analysis of: a) Their consistency with each other b) Recommendations from the previous year c) Relationship to other plans and other agencies d) Funding for such

10. Smart Growth Policies • Reporting – (Cont.) II. Restrictions Related to Development in Priority Funding Areas: 1. Document if APFO result in restrictions to development in PFA's 2. If such restrictions exist then: a) Document the location of such restriction b) Infrastructure affected c) How the restriction will be resolved d) Estimated date for resolving the restriction e) Date when the restriction was lifted f) Terms to remove the restriction

11. Smart Growth Policies • Reporting – (Cont.) III. Smart Growth Measures and Indicators: 1. Amount of growth inside and outside of PFA's including: a) New growth for the year b) Total development c) Residential growth in number of units and acres d) Non residential growth in square feet and acres (including office retail, industrial, institutional if available) e) Redevelopment of residential units and commercial square feet

12. Smart Growth Policies • Reporting – (Cont.) III. Smart Growth Measures and Indicators– (Cont.): 2. Net density of growth for both inside and outside of PFA's including: a) Residential - Average lot size b) Non Residential - Floor area ratio c) Number of new lots created (recorded) - residential & commercial d) Number of residential and commercial building permits e) Preliminary Plans approved - total acreage, # of units, average lot size f) Number of use and occupancy permits for the calendar year

13. Smart Growth Policies • Reporting – (Cont.) III. Smart Growth Measures and Indicators – (Cont.): 3. Development capacity analysis a) Every 3 years; or b) With a significant change in zoning or land use 4. Land Preserved with funding or easements a) Number of acres using local agricultural land preservation funding b) Land preserved using other local funds c) Land preserved using easements 5. A map (or maps) that represents the spatial pattern of the indicators 1-4 above is required

14. Environmental Protection • TMDLs (1972) • Sediment & Erosion Control (1972) • Stormwater Management (1984) • Critical Areas (1984) • NPDES (1990) • Wetlands (1991) • Tier II Streams (2004) • WIPs (2009)

15. Infrastructure Constraints • Funding Availability • Permitting • Waste Water Treatment Plants • NPDES • TMDL’s • Water Supply • GAP’s • Transportation • Wetland (Federal/State) • Rare, Threatened & Endangered Species • Tier II Assimilative Capacity • Secondary & Cumulative Impacts

16. Funding & Revenues • Greater State & Federal Land Use Policies • More Inventory and Analysis Work – Local • More Inventory and Reporting • More Time to Review Plans for Compliance (Local, State) • Permitting Delays and Costs • Greater Costs to Local Government, • Developers • Citizens • Limited Funding From State, Federal Government

17. Results • Time Frames Unrealistic - • NPDES • TMDL’s • WIP’s • New Taxes To Cover Anticipated Costs Will Not Be Popular With Citizens • Without Funding = Failure

18. Summary • As Population Grows, State Planning Becomes More Common: • How To Best Balance County Interests, Sustain Economic Viability • Comprehensive Plan Update • Supply & Demand – Housing, Land Use Market • Allow Options – Rural, Suburban, Urban • Structure Permitting to Facilitate Smart Growth Infrastructure • Find ways to pay for implementation

19. Summary – (cont.) • State and Federal influence over Local Land Use Decisions continue to increase (Unfunded Mandates) • Philosophical Question: Should regional Environmental & Growth Issues outweigh Local decisions on Land Use?

20. ChallengesinLand Use Planning Winter 2011 Conference “Building a Solid Foundation” Melvin C. (Chuck) Beall, Jr., P.E., Director Charles County Planning and Growth Management P. O. Box 2150, LaPlata, MD 20646 (301) 645-0540 beallc@charlescounty.org www.charlescounty.org