Implementation Strategy

6/1/09

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The final element in the land use planning process is implementation. Plan development is an exhaustive and labor-intensive process. Often, little energy is reserved to take the steps necessary to begin "working" the plan. However, the plan's ultimate success will be tied to the energy and resources that are applied to implementation.

The implementation strategy includes a summary of issues and items discussed by the Land Use Planning & Lakes Classification Committee, Town Board, Zoning Committee, and the Town of Presque Isle taxpayers at public meetings. The implementation strategy also includes a modified action plan presented in the front of this document. The action plan identifies implementation actions within the context of primary responsibility for a proposed action and a targeted completion date.

Plan implementation will take resources to adopt the procedures and recommendations into administrative procedure. Planning, in and of itself, has strength only to identify the path to the Town of Presque Isle’s long-term vision. Implementation tools coordinated and applied translate vision into reality. The implementation strategy is organized as follows:

Preferred Land Use Classifications versus Zoning Districts

Preferred Land Use Class Recommendations

Administration

Intergovernmental Coordination

Ordinance Revisions

Ordinance Development

Voluntary Implementation Tools

Preferred Land Use Classifications versus Zoning Districts

Comprehensive land use plans are policy documents indicating how communities would like to see the land used over a 10 to 20 year period (future vision). Comprehensive plan maps depict land for future uses, and typically show broad categories of land uses. For each of the preferred land use classifications zoning districts will be used to implement the plan. Specific zoning district used to implement the plan’s preferred land use will depend on local circumstances and policies defined within the plan itself. Plans should guide zoning decisions, but zoning regulations are just one of a number of implementation tools that can be used to help local communities achieve their preferred land uses.

In Vilas County’s planning process, local communities developed their preferred land use classifications as “visions” of what they would like to see in their areas in the next 10 to 20 years. The preferred land use classifications describe the mix of preferred uses, the locations of those various mixes of uses, and the densities of preferred development. Each preferred land use classification also lists the types of uses the communities feel ought to be considered as permitted or conditional uses within each classification.

A variety of comprehensive land use plan implementation recommendations can be generated when comparing the two tables:

As implementation strategies, each of the above recommendations would enable zoning decisions and actions by the towns; to be “consistent” with the local comprehensive land use plans. Consistency of such land use programs and actions are also a requirement of the current planning law.

Comprehensive land use plans are intended to guide county and town decisions on zoning text and map amendments. They are not intended, however, to replace zoning and other ordinances as regulatory frameworks to implement day-to-day permitting activities. Individual zoning permits (and conditional use permits) would still be issued according to the zoning or other regulations in effect on the date the permit is issued. The permitted and conditional uses would remain in effect under the zoning regulations until the zoning map or text is amended to more closely reflect the types of permitted and conditional uses recommended for the preferred land use classifications.

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Preferred Land Use Classification Recommendations

Section 12 recommends eight preferred land use the town identified for the "desired future condition" of land in the town. The preferred land use classifications are in most cases zoning districts. The classifications can be a useful tool to help the town assess the viability of existing zoning in directing plans implementation based on the intent of the classification The Town of Presque Isle preferred land uses and the associated permitted and conditional (table 12-1) uses were compared to existing county and town zoning regulations to determine compatibility of intent. Where a match was not identified, a recommendation for action was included.

The following discussion assumes Presque Isle will utilizing the zoning system in place, whereas the town has adopted and operates under its own zoning that is more restrictive in both lot size and use than the county requirements as discussed in section 9.2 of this document. The existing zoning system includes both town and county zoning administration. It is not implied that a recommendation to utilize an existing (or recommended) zoning district should or will necessitate a zoning change within the areas where preferred uses closely matches the existing zoning. The recommendation implies only that the preferred uses either are or are not closely related and that the town could use the Year 2020 Preferred Land Use Map and the following recommendations as a guide when reviewing lot splits or rezoning.

The Vilas County General zoning & Shore land Zoning Ordinance and the Presque Isle Comprehensive Shore land District and Zoning Ordinance will also play a major role in implementation of the Town of Presque Isle Year 2020 Comprehensive Land Use Plan. Vilas County Lakes Classification provisions in the county Shore land Zoning Ordinance, as adopted by the town-zoning ordinance, will regulate density and construction in the shore land zone, where a majority of development pressure has and will continue to shape the landscape. The types of uses, such as if property will be commercial or residential, will continue to be regulated by the underlying zoning district and to some degree the Year 2020 Preferred Land Use Map. The degree of authority the plan will have over use will be determined by the emphasis the town and its operating committees place on the integration of plan recommendations and the consistency of decisions that result from town review.

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Administration

Listed below are strategies that may be implemented through town policy and administrative actions. The primary responsible party is the Town Board, with responsibilities delegated to operating committees such as the Planning Committee and the Zoning Committee. The Town Board may also seek advice from appointed advisory bodies or technical advisors.

Actions

1. Adopt the Town of Presque Isle Year 2020 Comprehensive Land Use Plan in its entirety. The Smart Growth statutes require adoption of the plan by ordinance, not by a resolution. However, since the town started the planning process prior to passage of the legislation, the town can adopt the Town of Presque Isle Year 2020 Comprehensive Land Use Plan via resolution if desired.

2. Appoint a town Plan Commission. The Land Use Planning & Lakes Classification Committee should be dissolved and reorganized according to the Wisconsin State Statutes (62.23), as the Plan Commission has powers and duties defined in the statutes, whereas a planning committee does not. Both are legal entities authorized to perform planning and related functions. However, the duties and legal standing of a Plan Commission would best serve the town. The Plan Commission should also include both the people and the duties of the existing town Zoning Committee. The duties and responsibilities of he Zoning Committee and the Plan Commission will crossover to a degree that not combining the functions and operations will be inefficient.

The general function of the Plan Commission will be to assist and advise the Town Board with ordinance development and amendment; review of development or zoning proposals, and amendment of the Town of Presque Isle Year 2020 Comprehensive Land Use Plan. It is desirable to have a cross-section of interests on the Plan Commission to best represent the different viewpoints and opinions in the town. Membership applications could be used by the Town Board to review applicants and ensure a diversity of interests.

3. Ensure that town policies, ordinances, and decisions are made in conformance with the Town of Presque Isle Year 2020 Comprehensive Land Use Plan (see Section 13.4).

4. Work with Vilas County to clarify and balance roles and responsibilities for planning and regulation within the Town of Presque Isle.

5. Hold periodic public forums on town planning, land use and regulatory issues, and voluntary land and resource programs to keep the public interested and informed with the implementation of the town land use plan.

6. Provide a local point of contact to respond to inquire related to town planning and development regulations.

7. Monitor the effectiveness of the Town of Presque Isle Year 2020 Year 2020 Comprehensive Land Use Plan by reporting annually to town residents on plan implementation. At a minimum, the report should include: update on completed and unfinished action plan items; annual work schedule for plan implementation; and summary of town development activity (e.g., land divisions, building permits, zoning permits, etc.).

8. Develop a Town of "Presque Isle Procedures Manual" which establishes policies relative to processing of town permits and approvals; conduct of governmental officials; administrative rules etc that deals with the aspects of land development and review of proposals.

9. Conduct a comprehensive review of the land use plan every two to four years.

10. Plan and budget for plan implementation and maintenance. Successful implementation may require the town to invest both time and money into ordinance development, administration and enforcement; intergovernmental coordination, community education; and plan maintenance.

11. Provide for early and continuous opportunities for public input on new town ordinances and amendments.

12. Continue to coordinate the plan recommendations with the Presque Isle Zoning Committee and Town Board to ensure compatibility with plan recommendations and town administration.

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Intergovernmental Coordination

Listed below are actions to coordinate land use planning activities and/or development regulations between jurisdictions. The objective of these actions is to seek and establish mutually beneficial relations with other units of government.

Vilas County Comprehensive Land Use Plan

Vilas County has initiated the planning process for the development of a Vilas County Comprehensive Land Use Plan. A major challenge facing the county will be to balance and integrate the desires of various local jurisdictions. Vilas County anticipates adoption of a countywide land use plan by the end of 2009.

Adoption of the Town of Presque Isle Year 2020 Comprehensive Land Use Plan communicates the town’s preferred land use classifications as land management areas with related goals, objectives, and policies to Vilas County. The town should coordinate with Vilas County to integrate the town’s land use plan as an element of the countywide plan. Integration is important to help ensure consistent implementation of both the county and town plans within the Town of Presque Isle. Failure to recognize and resolve significant policy differences could lead to conflicting town and county regulation of land use controls.

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Actions

1. Monitor and participate in the development of the Vilas County Comprehensive Land Use Plan.

2. Request that Vilas County incorporate the Town of Presque Isle Year 2020 Comprehensive Land Use Plan as an element of the countywide plan.

3. Seek to resolve any significant policy differences between the county and town land use plans.

Joint Administration of Local Land Use Controls

Plan implementation could include administration of several town ordinances (see Section 13.4). Effective administration will require coordination with Vilas County who also has jurisdiction over land use with such items as shore land zoning, shore land-wetland protection; floodplain zoning; and other land use controls. Coordination of administrative responsibilities will help minimize duplication of efforts and public confusion over applicable permit and approval processes. More importantly, this needs to take place with the Town Zoning Committee as well. The town must have its’ internal administration worked out between the plan recommendations and the existing zoning districts. Coordination may also be necessary between other units of government to address issues such as plat review or development proposals, which cross-jurisdictional boundaries.

Actions

1. Coordinate the Year 2020 Comprehensive Land Use Plan with the existing town zoning code to review decision-making and permit review procedures to facilitate consideration and consistency between the plan and regulations that implement the plan.

2. Pursue the development of an agreement with Vilas County to address joint administration of local land use controls. The agreement should include, but is not limited to:

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Ordinance Revisions

Vilas County and Town of Presque Isle Zoning Ordinances

Under Wisconsin Statutes, counties, towns, and local units of government are authorized to adopt "zoning" ordinances. Zoning most likely will continue to be a primary tool for implementing the Town of Presque Isle Year 2020 Comprehensive Land Use Plan. The town land use plan should guide zoning ordinance provisions including district descriptions, preferred densities, permitted uses, conditional uses and the official zoning map.


Town of Presque Isle has previously adopted its own zoning ordinance whereby the town administers zoning districts and associated regulations. The town then adopted more specific requirements (relative to permitted and conditional uses) than the county zoning districts. The preference of the town is that local administration of zoning continues. The town has its own administration and Board of Adjustments and has the ability to regulate land use in accordance to the plan.


The main disadvantage of having local ordinance control is the town may be able to achieve all of the "desired future conditions" specified in the plan, which is a very large advantage as compared to towns that are under county zoning and do not have the flexibility offered through local control. Presque Isle has the ability to implement its own vision as it does have its own zoning code. The proposed 10-acre minimum lot size provision in the Forestry classification serves as a prime example. The county may not wish to have individual or town specific regulations related to a zoning district that is applied countywide for administrative reasons. The Town of Presque Isle may need to develop town specific land division ordinance or make provisions to the existing Forestry zoning district to implement the 10-acre provision.

The land use plan conveys the town’s preferred land use pattern and should serve as a guide to decisions and standards related to zoning. Such policy direction informs town decision makers that decisions of land use should be coordinated between local regulations and plans.

Actions

1. Coordinate integration of the Town of Presque Isle Year 2020 Comprehensive Land Use Plan as part of Vilas County Comprehensive Land Use Plan (see Section 13.3). The significance of this effort is that the countywide plan will serve as a guide for Vilas County land use controls such as zoning.

2. Pursue amending the town zoning ordinance as necessary to help implement the recommendations of the plan via both revisions to the zoning districts and the associated permitted and conditional uses as specified. The zoning code and its zoning permit review procedures should be reviewed for consideration and consistency with the town’s Comprehensive Land Use Plan.

3. Explore options with Vilas County to utilize, amend, or add new county zoning districts to implement the town’s Comprehensive Land Use Plan. The town may be able to save money by waiting for the county to make county modifications that the town could use in its own zoning code. This may not be advantageous to the town in terms of the time may take, nor are there any assurances that the county will make adjustments in the towns interest.

Amendment of the Town of Presque Isle Year 2020 Comprehensive Land Use Plan

The Town of Presque Isle Year 2020 Comprehensive Land Use Plan reflects several years of work by the town dating back to 1998. The plan is long-range in design and any amendments should be carefully considered for their cumulative effect.

Future amendments to the town plan should also consider consistency with the 1999 state land use planning legislation, otherwise called the "Smart Growth" legislation. The new state planning statues provides the framework for developing and adopting land use plans, a grant program which provides communities with incentives to adopt plans or bring plans in conformance with the new state statutes, and a requirement that beginning on January 1, 2010, any program or action (e.g., town land division ordinance) of a local government unit that affects land use shall be consistent with a land use plan adopted in conformance with state requirements previous statement predicated on the continuance of the regulation).

Actions

1. Coordinate plan amendment with the biannual land use review (see Section 13.2) of the plan, whenever possible.

2. The town Plan Commission and Town Board should determine that a proposed amendment is consistent with all the following criteria before granting approval:

3. Update the Town of Presque Isle Year 2020 Comprehensive Land Use Plan by January 1, 2020, consistent with the provisions of the new state land use planning legislation as identified in Appendix 13 3. Compliance should be coordinated with the biannual review of the town Plan, and integration of the town plan with the Vilas County Comprehensive Land Use Plan. A gap analysis will need to be performed to assess the missing plan components.

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Ordinance Development

The following town ordinances have been identified as the potential tools to be used by town decision makers to achieve the vision, goals, and objectives of this plan. These ordinances could accompany the Presque Isle Comprehensive Shore land District and Zoning Ordinance, as well as the Vilas County Zoning Ordinance (see Section 13.4) as the town’s primary implementation tools to guide and manage new development. The action plan, located at the front of this document, identifies when the town could have such ordinances established.

Plan Commission Ordinance

A key element of plan implementation will be to form a town plan commission. For example, a plan commission is a prerequisite to the adoption or amendment of a town land division ordinance (see below). The Wisconsin Statutes [Wis. Stats. 60.62 (4)] allow towns who have village powers to establish plan commissions. The plan commission must be enacted by ordinance consistent with state enabling statutes. The plan commission must keep a public record of its resolutions, transactions, findings and determinations [Wis. Stats. 60.62 (2)].

Land Division Ordinance

A land division ordinance is a planning tool to control how, when, and if rural areas, woodlands, and open spaces will be divided and developed while protecting the needs and welfare of the community. The impact of land division regulations is more permanent than zoning. Once land is divided into lots and streets are laid out, development patterns are set. Properly administered land division regulations can therefore be more useful in achieving plan implementation than zoning ordinances (see Appendix 13-2).

In the Town of Presque Isle’s case, the town has indicated preferred minimum lot sizes of 10 acres in the Forestry classification. For many reasons, it most likely would be a town land division ordinance that would facilitate the acreage minimum, and not a town zoning ordinance amendment

Design Review Standards

Design review standards are typically used by communities to ensure quality community character through establishing regulations, standards, and procedures for conducting site plan reviews as it applies to new business, industry and/or multi-family development. The objectives of design review standards often include: 1) to ensure efficient, safe, and attractive land development that is compatible with surrounding land uses and community character, 2) to implement the goals and policies of the land use plan; 3) to provide for screening landscaping, signage and lighting which enhances and complements land development activities and minimize adverse impacts on surrounding properties; 4) to develop proper safeguards to minimize environmental impact, and to advance and promote sound growth and continued development, and 5) to safeguard property values and promote high-quality development, among others.

Standards could be developed for landscaping/screening, signage, parking, traffic, lighting, site layout/building orientation, and building design, along with any other areas deemed appropriate or necessary as identified by the town. This ordinance would assist the town in maintaining its rural character through the appearance of new development, which often stimulates private investment into existing buildings.

Home Occupational Businesses

Home occupations are becoming more popular, and rural locations (especially the north woods) are prime candidates for the impacts associated with shift in workforce locations. The Town of Presque Isle does have some provisions in its zoning code. The issues arise to surrounding properties when conditions change relative to the use of a primarily residential land use to more of a commercial-type use.


The intent of this discussion is that home occupations will be a larger focus for new business development as people seek increased quality of life while technology advances allow for tele-commuting and large market access. The town may want to consider evaluating existing regulations to assess potential long-term impact. The ordinance should establish what types of home occupational businesses are allowed, hours of operation, number of employees, number of customers, signage, outdoor storage, permitted and conditional uses, and other criteria which define when a home business has exceeded the limits of operating in an area that has infringed upon the protection of the health, safety, convenience and general welfare of town residents. Vilas County may address the home-occupation issue as well in the near future. Presque Isle should stay abreast of county activity.

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Voluntary Implementation Tools

This section provides a quick reference to programs, concepts and various federal, state and local conservation programs, which are available to private landowners and/or local units of government in Wisconsin. Participation in these programs should be considered and encouraged as a tool to help preserve the important features, natural resources, and character of the town.

Purchase of Development Rights Program

Purchase of development rights programs have been in place in the eastern states for several decades and have received much support from farmers. PDR’s allow a governmental entity or non-profit conservation organization to purchase the development rights to land to either keep it in operation or undeveloped. The selling of development rights is done on a voluntary basis by landowners, and the rights are purchased based on a set of priorities. The value of the rights usually ranges from 30% to 80% of the property’s fair market value, or the difference between the value of the land before restrictions are placed, and the value after the easement is placed on the land. Selling development rights has numerous benefits for the landowner, including the ability to obtain the equity (or development value) from the property, keeping the land permanently in production or as open space, allowing the property to be passed from generation to generation within the family, potential for significant tax savings on retirement income, and to make needed capital investments with the proceeds. The PDR program also encourages preservation by making land more affordable, and taxes for public service costs will be kept low because there will be less demand for services. Purchasing development rights results in a permanent restriction on the land. These programs are typically funded by a variety of sources including property and sales taxes, real estate transfers, special purpose taxes, farmland conservation fees, general funds and bonds.

Transfer of Development Rights

The transfer of development rights (TDR) and purchase of development rights are similar in that compensation is given to the landowner for the land’s development value. The TDR program differs from the PDR program, however, in that it relies on the free market transfer of development rights from the open land to the development area rather than governmental acquisition.

Land Trusts

A land trust is a private, non-profit organization dedicated to the protection of the natural resources. Land trusts develop partnerships with landowners and citizens of a community to achieve goals or natural value in the preservation of land and natural resources. Land trusts work with landowners, local community groups, recreational organizations, conservation clubs and private individuals who have identified an area worthy of preservation. Land trust can work through direct assistance in land acquisitions, resource management and can offer tax benefits. A land trust operates through landowner property donation, outright purchase of land or through securing conservation easements.

Cluster Development

One of the most successful implementation techniques, which can be used to protect significant land resources, such as agricultural lands, woodlands, and natural, scenic and open areas are cluster development. This technique can be more effective when public, private, and non-profit agencies combine their tools through cooperative efforts. The appropriate combination of tools should be defined which are best suited to the successful protection of land in each individual situation. Cluster development should be a welcome option in the preferred rural areas of the town as such development would allow for some residential development opportunities while at the same time preserving the town’s rural character.

The objective of cluster development is to concentrate development in one or more portions of an area so that significant tracts of important resources may be preserved. In fact, the primary design element in cluster development is open space; lot layouts are designed around the open space/natural features. This type of development encourages the creation of small lots near agricultural, wooded, scenic or natural resource lands while protecting these resources, rather than scattering large lots throughout sensitive areas. It is generally required that 60%-80% of the development site remain open, or in its natural state, when using cluster development.

The following describes an example of how cluster development works:

There are 100 acres available for development in a community. In a conventional zoning district requiring a minimum lot size of five acres, 17 dwelling units would be evenly distributed across the 10-acre property. Under cluster development, however, a reduction in lot size would be permitted. The degree of reduction can vary, depending upon the open space preservation objectives identified. For the purposes of this example, if the minimum lot size reduction were from five to one, a lot area of one acre would be permitted. Therefore, those same 17 dwelling units would only occupy 17 acres of the site, leaving 83 acres preserved in open space. The advantage of cluster development in this example then is that each resident would have 84 acres to enjoy - a one-acre private lot plus 83 acres of common open space - rather than only five acres as under conventional development.

Appendices 13-3 and 13-4 provide examples of how cluster development looks in comparison to conventional development, and illustrates how natural areas can be preserved through the clustering technique.

The Rural Cluster Development Guide (Southeast Wisconsin Regional Planning Commission, 1996) identifies that lot reductions of less than 4:1 (no density bonus), which result in approximately 55% open space, are not recommended (SWRPC, 1996) to achieve the goal of cluster development. It is also recommended that a density bonus be provided to further encourage cluster developments as an option over conventional development. Experience has shown that optional cluster development will usually not be chosen over conventional development unless a density bonus is provided to the developer, thereby increasing the number of lots allowed. Density should be increased by at least 30% in order for cluster development to become attractive to a developer; doubling the density may not be extreme (SWRPC, 1996).

Tables 13-1 and 13-2 present examples of how cluster developments could be implemented with a density bonus provided. The outcome of conventional subdivisions is also portrayed. It is necessary in the examples above to both decrease the minimum lot size and to add a density bonus in order to make cluster development attractive to the developer. Simply reducing the minimum lot size would achieve the desired outcome of cluster development, however if density remained constant, the developer would be allowed the same number of lots under all scenarios. Experience has shown that if this is the case, the developer will select to proceed with the conventional development over cluster development.

The town land division ordinance language should be the tool used to approve and regulate cluster development.

Permanent Open Space Dedication in Cluster Developments

Most often, the open space created through cluster development remains as common open space owned by the residents of the subdivision (homeowners association). Each of the individual homeowner’s deeds will account for this land; each homeowner will own a said amount of acreage plus a percentage of the open space, which will be deeded as such to each homeowner. Each homeowner should have an equal interest (% ownership) of the open space, regardless of individual lot size ownership.

The dedication of such land to a town or municipality is rather unsuccessful for the primary purpose that doing so takes this land off of the tax roll. Management of the open space is the responsibility of the homeowners association. Issues such as timber management, woodcutting, hunting, and recreational use should be addressed through covenants established by the homeowners association.

Management/Maintenance of Cluster Sanitary Systems in a Cluster Development

The management/maintenance of a cluster sanitary system in a cluster development should be addressed by forming an independent sanitary sewer district which is under town supervision. Experience has shown that allowing a homeowner’s association to manage and maintain a cluster system is unsuccessful. There are two primary reasons why a homeowner’s association should not be responsible for the management of a cluster sanitary system: 1) homeowners are often uninformed buyers whereby many do not understand what they are buying into in such a development; and 2) homeowners often do not know how to maintain the sanitary system (i.e. how often to inspect system, what to look for, how to inspect system, etc.). Therefore, towns must be involved in the management of cluster sanitary systems in these situations to ensure proper maintenance of the system.

The following example which was implemented on the east coast demonstrates how a town(s) could successfully undertake the management of cluster sanitary systems in cluster developments. Several towns grouped together and hired one inspector/engineer to inspect all the cluster sanitary systems established as part of cluster developments within these towns. The inspector would report back to the towns the maintenance needs of each sanitary system. The towns, in turn, would contact the residents of the respective subdivisions and identify the maintenance that should be completed on the system. The residents of the subdivision were then responsible for hiring an engineer to make repairs to the system, at their own expense (homeowner’s association expense).

Cluster sanitary systems can be very successful if established correctly and under proper management. It is imperative that the towns are involved in the monitoring of these systems. Therefore, the management of numerous cluster sanitary systems is a concern the town must be prepared to address prior to permitting cluster developments in which cluster sanitary systems would be required. In addition, the town land division ordinance language should require that developers proposing cluster developments create consumer information packets, especially in the case of having a cluster sanitary system, to ensure that home buyers are informed of their responsibilities.

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Table 13-1

Cluster Development Scenario

Minimum Lot Size of Five (5) Acres


 

Conventional Development

50% O.S. 50% D.B

50% O.S. 100% D.B

60% O.S. 50% D.B

60% O.S. 100% D.B

75% O.S
50% D.B

75% O.S.
100% D.B

Acres

80

80

80

80

80

80

80

Conventional Lots
(1 du/5 acres)

16

16

16

16

16

16

16

Total Lots with Density Bonus

N/A

24

32

24

32

24

32

Min. Lot Size*

5 acres

1 acre

0.75 acre

0.75 acre

0.5 acre

0.5 acre

0.375 acre


Max. Lot Size**


N/A


1 acre


0.75 acre


0.75 acre


0.5625 acre

0.5 acre

0.375 acre

Flexibility Factor

N/A

20%
(16 acres)

20%
(16 acres)

17.5%
(14 acres)

17.5%
(14 acres)

10%
(8 acres)

10%
(8 acres)

Total Acres Developed

80

24

24

18

18

12

12

O.S. = Open Space

D.B. = Density Bonus

Flexibility Factor = Accounts for land to be used for roads and lotting inefficiencies.

* Indicates minimum lot size allowable.

** Indicates maximum allowable lot size required to still obtain desired amount of open space - Total Developed Acres is based on number of lots developed at maximum lot size.

Note: Subdivisions with lot sizes under 1 acre will likely require a cluster sanitary system.

Table 13-2

Cluster Development Scenario

Minimum Lot Size of 20 Acres





Conventional Development


50% O.S. 50% D.B


50% O.S. 100% D.B


60% O.S. 50% D.B


60% O.S. 100% D.B


75% O.S. 50% D.B


75% O.S. 100% D.B


Acres


80


80


80


80


80


80


80


Conventional Lots

(1 du/20 acres)


4


4


4


4


4


4


4


Total Lots with Density Bonus


N/A


6


8


6


8


6


8


Min. Lot Size*


20 acres


1 acre


1 acre


1 acre


1 acre


1 acre


1 acre


Max. Lot Size**


N/A


4 acres


3 acres


3 acres


2.25 acres


2 acres


1.5 acres


Flexibility Factor


N/A


20%

(16 acres)


20%

(16 acres)


17.5%

(14 acres)


17.5%

(14 acres)


10%

(8 acres)


10% (8 acres)


Total Acres Developed


80


24


24


18


18


12


12

O.S. = Open Space

D.B. = Density Bonus

Flexibility Factor = Accounts for land to be used for roads and lotting inefficiencies.

* Indicates minimum lot size allowable.

** Indicates maximum allowable lot size required to still obtain desired amount of open space - Total Developed Acres is based on number of lots developed at maximum lot size.

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Forestry Management Programs

(See Appendix 8-1)

Environmental Improvement

Conservation Reserve Program (CRP)

Purpose: To provide wildlife benefits, tree planting benefits, water quality benefits, and economic benefits.

Practices: Environmental practices to be performed include tree planting, wildlife ponds, grass cover, etc.

Benefits: Incentives are in the form of annual rental payments and cost-share assistance in return for establishing long-term, resource-conserving measures on eligible lands. Rental payments are based on the agricultural rental value of the land, and cost-share assistance is provided in an amount up to 50% of the participant’s costs to establish approved practices.

Contract: 10 years up to 15 years (if planting hardwood trees, restoring cropped wetlands, etc.), and is transferrable with a change in ownership.

Eligibility: To be eligible, land must: 1) have been planted or considered to be planted for two years of the five most recent crop years, or 2) be marginal pasture land that is either enrolled in the Water Bank Program or is suitable for use as a riparian buffer to be planted to trees. In addition, the crop land must meet at least one of the following conditions:

Ranking: All eligible CRP offers are ranked using an Environmental Benefits Index (EBI) based on the environmental benefits that would potentially accrue if the land were enrolled in the CRP. The EBI makes the program highly competitive. Therefore, USDA representatives urge farmers to consider the continuous sign-up option to enroll the most environmentally desirable land. Under the continuous sign-up option, small amounts of land serving much larger areas such as riparian buffers, grass waterways, and filter strips can be enrolled at any time. The EBI factors include:

Contact: NRCS, FSA, LCD

Wetland/Wildlife Programs

Wildlife Habitat Incentives Program (WHIP)

Purpose: To develop or improve fish and wildlife habitat on privately owned land.

Practices: seeding, fencing, in stream structures, etc.

Eligibility: Almost any type of land is eligible, including Ag and non-Ag land, woodlots, pastures and stream banks.

Contract: Normally 10 year contact to maintain habitat. Up to 75% of restoration costs, to a maximum of $10,000. Other organizations may provide the remaining 25% cost share.

Public Access: Not required.

Contact: NRCS

Wetlands Reserve Program (WRP)

Purpose: To restore wetlands previously altered for agricultural use.

Practices: Wetland restoration and wildlife habitat establishment.

Eligibility: Land which has been owned for one year and can be restored to wetland conditions.

Contract: Landowners may restore wetlands with permanent or 30 year easements or 10 year contracts. Permanent easements pay 100% of the agricultural value of the land and 100% cost sharing; 30 year easements pay 75% of the agricultural value and 75% cost sharing; 10 year contract pays 75% cost share only. Permanent or 30 year easements recorded with property deed. Ten year contact is not recorded with deed.

Public Access: Not required.

Contact: NRCS

Partners for Fish and Wildlife

Purpose: Restoration of wetlands, grasslands, and threatened and endangered species habitats.

Description: Up to 100% cost share provided to restore wildlife habitat on private lands.

Eligibility: Land which can be restored to wetland conditions. Degraded or former grasslands that can be restored. Land that can be restored to provide habitat for threatened and endangered species.

Contract: 10 years.

Public Access: Not required.

Contact: FWS

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