Title:اساسنامه منطقه بندی برای توسعه پایدار در جوامع روستایی و حومه شهر CM قانون

۰۵-۰۸-۲۰۱۱ ارائه کننده: دانیل اسپیتزر این جلسه یک بحث پیشرفته در مورد استفاده از قانون منطقه بندی برای ترویج توسعه پایدار در مناطق غیر شهری است که با انواع گره های حمل و نقل سنتی مناطق رشد ارتباطی ندارند.

قسمتي از متن فيلم: I just want to welcome everyone it is now 1pm so we will begin our presentation shortly today on august 5th we will have our presentation on zoning statutes sustainable development in rural and suburban communities given by daniel spitzer just a moment while i get my slide to move forward uh

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Select today’s date august 5th and then select today’s webcast zoning statutes for sustainable development in rural and suburban communities this webcast is available for one and a half cm credits we are recording today’s webcast and it will be available along with a six slide per page pdf of the presentation at www.utah.apa.org

Webcast dash archive at this time i would like to introduce arthur buckley who will introduce our speaker for today daniel spitzer hello and thank you for joining us for today’s webinar it is my distinct pleasure to introduce today’s speaker daniel spitzer is a partner in the environment and energy practice of the

Hots and rust law firm mr spitzer concentrates his practice on a variety of issues involving environmental law renewable energy land use law municipal law and real estate development he has drafted numerous local statutes incorporating smart growth principles his renewable energy work from project inception through successful litigation

Includes some of the largest wind farms in the eastern united states he has also worked on landfill get esta energy biomass and solar projects he recently successfully represented a miss municipality in a case of first impression successfully upholding the municipalities right to regulate power generating facilities based on greenhouse gas emissions

Mr spitzer is a frequent speaker and author on renewable energy land use and zoning and green building issues mr spencer thanks a lot art and thank you very much for having me today i greatly appreciate this opportunity um good afternoon everybody uh it’s a great pleasure to

Talk to you about a topic that i think is very important to all of us which is although we use the term sustainable development it’s really how do we do a better job of running our communities financially how do we do a better job of running our communities so that in the

Future uh we can achieve the type of livable communities we want given the constraints of our current society and particularly financially so the intent of the program is to explore the benefits of sustainable development for rural and suburban communities too often discussions about sustainable development center on cities

The city of new york has rightly garnered a lot of attention for its programs through the greener greater new york and the other programs and there’s a lot of discussion about how greater density within cities allows those communities to achieve a sustainable development but rural areas and suburban areas can also

Greatly uh benefit from these principles and in fact a lot of the costs really of unsustainability of sprawl in particular are imposed on the rural and suburban communities but without completely rewriting the book there are ways of addressing this that’s what i hope to do today and i certainly hope we’re going

To have a great discussion and lots of questions we’re going to examine the mechanisms and strategies for incorporating sustainable development principles by means both mandatory and voluntary into your community’s land use process and ways to get developers wanting to build green in your community so what do we mean by sustainable

Development if you’ve looked at the term at all you’ve probably noticed that it’s been criticized as being so broad as to be meaningless that it it can develop anything that a lot of people claim their development is sustainable really are just rewording what they’re doing so-called green washing if you will that they’re

Really not changing anything they’re really not improving anything so what do we mean when we use the term sustainable development well there’s a number of definitions that i think are appropriate for what we hope to uh discuss today the general services agency decides sustainable design as seeking to

Reduce the negative impacts on the environment and the health of comfort of building occupants thereby improving building performance the basic objectives of sustainability are to reduce consumption of non-renewable resources minimize waste and create healthy productive environments these are good goals to go by as gsa goes on to talk about some of the

Specific principles that are very related in terms of land use for sustainable design optimal site potential non-renewable energy consumption minimized using environmentally preferable products from day one planning to reduce waste protecting and conserving water have to stop looking at stormwater as the enemy and start looking at it as a resource

Enhancing indoor air quality optimizing operational and maintenance practices this is now the law for the federal government and some states as well but it’s harder for municipalities to get the private sector of course to uh adopt these because you’re the planners you’re the zoners but you’re not the operators

Of course of the private sector um so we’re going to address a whole bunch of concept today green buildings of course water conservation energy efficiency alternative energy smart growth principles and so on and i hopefully we’re going to come away with some ideas that you can use in your practice

Um so why should you promote sustainable development after all we’re coming out of one of the worst recessions uh in in our lifetimes why not just seek all possible growth isn’t all growth good growth and you know the answer to that i believe is no i believe if we’re just willing to let

People uh develop willy-nilly if you will or uh just continue the pattern that we’ve had we’re simply going to find that we are in effect limiting our resources but more importantly we’re creating communities that are financially unsustainable we’re simply running into the same patterns as we have over our history where communities

Cannot support the infrastructure that has been built to uh sane themselves um if our obligation is to promote successful affordable communities with solid growth potential absolutely the best option even in rural and suburban communities is implementing smart growth and other sustainable practices so sustainable development as i define and

I got this for professor john durnbach one of the leading sustainable development gurus if you will in the united states sustainable development would have us achieve environmental protection and restoration at the same time as we achieve development goals environmental protection and restoration would not be in lieu of these goals they

Would accompany them the core factual premise of sustainable development is that environmental degradation undermines or limits economic development social well-being and security similarly actions that improve environmental quality can also foster economic growth social development peace and security too often you read that those who support sustainable development are really

Supporting no growth or even reverse growth that’s not true at all development is essential especially in terms of bringing up those here united states and elsewhere who don’t have the standard living that we want them to have no one is talking here about reducing economic development it’s the mechanisms

Have how we go about economic development and i want to talk about why municipalities when we talk about sustainable development usually people start with energy and alternative energy and you know it is an energy policy largely the province of the federal government with its credits and incentives and various energy policy

Laws well if you want to start with what municipalities should act let’s take a moment to examine our national energy policy um this is our national energy policy as far as i could tell it’s a jackson powered taking which i think basically reflects our national energy policy which frankly is not particularly coherent

Ever since the 1973 oil embargo congress has passed one energy policy law after another saying we’re going to increase energy efficiency but mostly we’re going to reduce our dependence on far oil supplies we’re going to be energy secure so how are we done not so good as of today

This is from the u.s energy administration which has a wonderful website u.s energy information agency we import about 9 million barrels of oil a day we use about 18 million barrels of oil a day so think about it this way every morning you wake up roughly 778 million dollars in debt and

That’s at 85 dollars a barrel of oil which oil hit this morning which is the lowest it’s been in six months uh so you basically we go through each year owing about 350 billion dollars to people many of them really don’t like us um so so much for national energy policy but

Why should you act even if you know if you want to say why should i act how do i convince my council we need to do this well any effort addressing the future of your community as well as broader issues of greenhouse gas emissions energy security or resource conservation

We have to address the built environment it really isn’t transport as much as it is the built environment that we really have to make changes in residential and commercial buildings accounted for 38 of total u.s energy consumption that’s all types of energy buildings were responsible for 72 percent of total electricity usage and

Electricity generation is where most of our greenhouse gas emissions arise from building occupants account for 13 of the potable water consumption according to the epa this is actually an old estimate it’s the last one they did construction and demolition debris alone just what we’re throwing away from our construction projects is 136 million

Tons a year and this is a rather startling statistic this last one that as we look at green buildings and sustainable buildings that we need to really think about forty percent of all office sick days are related to poor indoor air quality literally the idea of one person gets

Sick and everybody gets sick and studies have shown consistently that if you approve air quality uh you you can improve the quality not only in your municipal building but in private buildings this study estimated that two hundred million dollars or two billion dollars a year could be saved by improving air quality

Other reasons why you should take the lead municipalities are simply the best suited agencies to address the built environment we’re the ones who are on the ground both in reviewing and approving land use applications administering building codes doing the planning sitting with the developers in terms of

Their goals we’re the ones who have to provide the sewer and water service we’re the ones who have to plow the roads or pave the roads or otherwise take care of the services we are the built environment that is creating these issues therefore we should take the lead and

Keep in mind that local government may be the only government that private sector deals with on many development products projects and if it’s important to you that projects involve proper public participation particularly large projects we’re virtually the only level of government where there is that’s charged with ensuring public participation in the review

Process so you have a lot of responsibility but here’s something else and this is what i want you to really think about when your council members or your leaders say to you why are we doing this green means green every municipal official has a fiduciary duty to deliver public

Services at the lowest cost implementing sustainable development principles will will save your taxpayers money they’ll save utility rate payers money you’re going to have shorter roads you can have less infrastructure you can have less sprawl that all translates to less tax dollars spent it also translates to higher property values

This is the lesson that you take to these people green means green and that’s why this is not just in these days a luxury these kind of principles that we’re going to talk about today are essential um it also falls upon us because of what i call the planning paradox

We can green our own buildings the federal government a lot of the state and local governments have really moved on in terms of leed certifications to really try to create greener buildings uh and a municipality can green its own buildings and operations but land use planning relies upon the private sector we plan

We authorize we license but they build and they invest and we have to create that mix of carrots and sticks that’s going to entice private capital to build the sustainable community we want this is not by any means an easy task if it was we’d all have wonderful

Communities looking exactly the way we all want them to it’s not easy to get the private sector think of the typical developer they generally want to build and go they don’t want to invest additional funds up front because the people who buy their homes or buildings may save money down

The road it’s simply not within their profit structure so we’re going to talk about ways to through mandatory means and non and through incentives incentives are the way to get people to do things sometimes in this in the environmental world we create some very perverse incentives a

Good example is in europe where as part of their efforts to uh deal with greenhouse gases they collated the clean defense mechanism and they paid people in effect to clean up certain gases and so a number of companies in india were literally creating pollution just uh through certain gases in order just to

Get paid to uh destroy those same gases uh so we have to be careful because people do respond to incentives and the law of unintended consequences is a real part of what we set out to do um no you see that a lot too in this area with the green buildings and green

Energy with feed-in tariffs that ontario now uh new jersey with direct credits but also a lot of countries really got into where they put so much money into uh subsidies for solar in particular that they quickly ran out of their program or their programs became unaffordable and

Had to be cut back i think even this week los angeles ran out of its 30 million budget because so many people wanted to do it so they cut the subsidy in order to increase the budget then the number of people they’re going to be able to help so

I’m not again trying to downplay that this is hard but it can be done but i also want to emphasize to you that change is a fact not an option this is one example currently the world produces 88 to 90 million a barrel of oil a day if

Everybody in china and india the two fastest growing countries and that’s just those two countries use the same amount of per capita oil as we do in the united states we will need 200 million barrels of oil a day now there’s nobody who thinks that we can produce 200 million barrels of

Oil a day and you can imagine what the price of that would be our economy runs on oil and it will for some time and we need to recognize that the world is changing as the rest of the world catches up with us not necessarily in efficiency but in terms of uh lifestyle

So strong medicine is needed this is important part you cannot we have lots of books out there about 50 ways to be green and 50 green things you can do for the planet it’s i have my doubts that do uh i think most people who have really looked at

This that it’s that easy changes in our society require strong public policies and that’s where our role comes in auden schindler who does a sustainability for the vale ski resort the great flaw in the sustainable business movement today is that few are willing to admit that achieving sustainability is difficult and may be

Impossible without big changes in the way we operate the smartest environmentalist we have is kermit the frog it’s not easy being green so not meaning to be pessimistic what do we do where do we go forward well like all good planning efforts we’re going to start with the comprehensive plan

Um the starting point should be your master plan sustainable development is now a common element in new plans and plan revisions and i’m sure most of you have probably been on the net there’s wonderful efforts examples of plans the new york city plan nyc has 128 initiatives including housing energy water

Numerous areas of sustainability other ones that are on the net the miami one is really neat in terms of how they have very specific achievable milestones that they set up to to measure their progress not just goals but actual progress is being measured and people are being held accountable for

And the planning document is the way to do this so here’s an example from the village of scarsdale here’s their first their policy the green design which incorporates environmentally friendly materials minimizes automobile use encourages walking bicycling and public transportation provides green planting with native vegetation uses porous pavement notice that they’re

Not just talking energy there they’re also talking about water conservation should be encouraged low energy street lights they then go on to have specific goals to embrace innovation in green principles they’re going to adopt sustainability policies that will require all public and private development in the particular area to have green aspects

Such as open space green roofs water and air treatments and green construction practices they’re going to require new and public private development to follow the lead system they’re going to use zoning incentives to encourage green building above and beyond in other words it’s nice to have a goal but we’re going

To make it the law and that’s why it’s going to happen a combination of sticks and carrots so here’s some things for you to think about if you want to go to the website for the smart growth leadership institute this is their policy audit and they talk about the kind of things

That are important now not all of these are going to apply to all the rural areas or all the folks who are on the phone um the plan for example that i see all the time as soon as you get into smart growth they say well you want to be transit-oriented development

The reality is in rural areas unless you have significant subsidies public transit does not work financially public transit requires density there’s a reason new york city produces 30 percent less greenhouse gas emissions than other cities a lot of people don’t drive they take public transit that kind of public transit

Or transit oriented developments i’m going to sort of stay away somewhat from transit oriented development in our discussions today but that doesn’t mean that you can’t have programs like zip cars and car sharing you can’t have bike lanes you can’t have other things that uh it’s a plan certainly small

Communities within their communities can encourage walkability um you don’t have to have everything car centric you can’t have specific areas that are not land use does your plan allow and encourage mixed land uses are you getting are you encouraging density in those parts of the town or can you have home occupations

So that people can walk to the dentist’s office i used to walk when i was a little kid to my dentist office he was halfway between my house and my school and i lived in a suburban area on long island affordable housing there’s the plan promote attainable housing

We get to incentive zoning affordable housing is one of the great things that we can do to give people additional density and return for producing housing for low and moderate income households a lot of communities to be honest with you though they have plenty of affordable housing they need other housing

To create a better mix and so a lot of incentive laws focus on its available housing but you want to you can use incentives you can use smart growth to encourage a mix of folks um these are some other ideas community character you know what is it you want

Your community to look like and how are you making sure your zoning policies and your plans pull that off how is your development process done is it is it a pro is it a process where you need lots of lawyers like me and lots of architects uh do you make it really hard

To redevelop old and vacant properties is it so much easier to develop green fields that you’re not going to get infill look at your development process a lot of communities are making it harder to do green fields and they’re giving expedited reviews um the uh to um encourage infill to encourage

Redevelopment of historic properties and so you can use your process to gather the goals that you want um and that’s part of encouraging development and established communities as well as green buildings so in terms of your policies uh if you want it to happen this is

Where it starts now i know the reality is it’s not easy to get a community to invest in a new comprehensive plan or even an amendment of comprehensive plans i think most of the communities i deal with especially the rural communities planning happens with each project that comes up that’s a financial reality

You can still use this checklist when you get into projects you um even in states like new york work which are supposed to follow a comprehensive plan don’t we don’t particularly require one other states are much more formal about comprehensive plans england by the way just is proposed a

Law that basically says if it’s not in the plan the assumption is it’s allowed it’s kind of an interesting way to look at planning um but uh certainly you should not think that if you don’t have the funds to put together a comprehensive plan or if you come from

A relatively a poor community that you still can’t use these principles as you look at developments smart growth promotes sustainable development the development with the goal of preserving environmental quality natural resources and livability smart growth particularly fights sprawl which is a dispersed auto dependent development outside of compact

Urban and village centers and again even in rural areas we may we can focus development in certain areas and reduce the cost of sprawl again you probably noticed already into this presentation i’m very reality oriented it is easier to get grants for roads than open space and communities do

Compete with each other by claiming to have the lowest barriers to development come to our community everything’s shovel ready most zoning euclidean zoning from the village of euclid case most zoning still promotes separation of uses even between residential types mixed uses are often prohibited these are all things that are going to

Emphasize greater infrastructure and therefore greater costs of running your communities they’re also going to move people apart and smart growth to most of these many communities is any growth they can get you have to be honest with yourself if you’re not willing to say no to developers

You’re wasting your time here today if you’re not willing to say it’s our community is a place worth coming to and we’re going to work with you but you are welcome here but we’re not going to give away the ship to have you um it’d be great if people were opening 10

۰۰۰ job factories around the country that’s not the kind of development that reality is that we’re looking at in most places and there’s ways of building up small businesses and building up uh if you will areas of small businesses and cells in different areas without having to put too much cost on those

Developers but without sacrificing your principles and those kind of young businesses are really what you want to try to encourage for your communities in terms of they’re the ones who often want want the benefit of smart growth as i said earlier smart growth is not just for urban areas although public transit

Oriented development may not be economical many of the principles are applicable um strategies for smart growth incentive zoning is one that you’ll hear me promote again and again incentive zoning to encourage balancing of benefits and impacts promote infill changing your zoning to promote mixed uses flexible setbacks site development

Standards i’m going to get into some very specific examples for you as we get into this a little further one important thing that you hear all the time from developers i can’t afford to do these things i won’t get my money back i need to get in and get out the reality is

That if you look at the communities in most areas even a poor city like where i am in buffalo if you look around here the cities the communities with the toughest standards are the communities with the highest property values and even when the city gets tougher on on on

Projects they often have better and more successful projects an epa study phone found that not only the smart growth developments enjoy market acceptance but they’ve actually shown housing resales and smart growth developments have greater resale appreciation um excuse me um they uh they they enjoy that because people people

Want to live there that’s what it’s all about and that’s what we’re trying to create here so i know you’re going to hear that story from your developers you’re going to hear that story from your your leaders in your communities again even when you have areas where you impose more costs

You have the ability to make to increase profits through incentive zoning increased density bonuses relax standards to make it profitable and preferable for developers to go to those areas so let me talk about incentive zone of formally i don’t want to assume that anyone knows what i’m talking about i don’t

Know obviously everybody’s level of knowledge as to the particular concepts and i realize that different states have different enabling legislation but incentive zoning is one that’s found in most areas uh zenozone can take many forms including the standard found in most zoning enabling legislation the key is a

Promise usually of greater density in return for a particular community development if you build condos and 10 of those condos are reserved for low-income people we will let you build 10 more condos if you build a green building home that’s lead silver servified or above we will expedite the review process and

Waive building permit fees so relaxing of the development standards you create a financial incentive and return for the the benefit to the community and new york has for example has a formal incentive zoning law that lists all the different types of community incentives that are appropriate one project i worked on

A company bought a new snow plow another project i work on a community that’s an island in a river has an incentive zoning that says if you give the public access to the river public increased public access to the river we’ll let you have another floor in your

Building we’ll lack parking we’ll trade that community benefit for a profit-based benefit that’s the whole idea some call it contract zoning that’s not an unfair statement but this is authorized contract zoning it can be used in a lot of various situations one of the ones that new york

Court upheld the town ordinance that used uh incentive zoning to regulate utility scale wind farms they specifically said in their law that if you want to build a wind farm there are some negative connotations in terms of visual in terms of noise and therefore the community as

A whole needs to receive benefits uh commensurate with what we consider to be the um impacts on the community uh here’s a sample density bonus you can find a lot of these all over but here’s a sample one from a new york community 10 percent increase over the base lot count normally allowed

If the houses adhere to the new york state energy star guidelines or its low impact development guidelines or the or lead standards as they may be amended in other words you build energy and water efficient homes and we’re going to make it more profitable for you we’re going

To find a way that you recover the cost of that better home and you increase your profit and that’s the kind of community that developers want to be in uh let’s talk about now how do we use incentives to encourage smart growth and so i’m going to talk about redevelopment

And infill programs by redevelopment i mean the use of previously developed land trying to avoid green fields and infield infill in particular means construction on underutilized or vacant land between existing structures perhaps you had a lot where you tore down a um a building that was um become

Derelict and uh or you have it simply was so run down it it had to be destroyed so you have spaces redevelopment and infill promote sustainable communities by promoting use of vacant land or existing structures in already built areas rather than greenfields your community has already built the infrastructure for these areas

By putting new developments in these areas you can increase your property tax base you can increase all of your working capital as a community but you avoid the increased maintenance costs of new roads and utilities in an era when the federal government in particular is really moving away from

Supporting a water and sewer for example that’s essential that the private sector act in a way that doesn’t oppose costs that we simply can’t afford going forward we have a real problem in this country that a significant amount of our sewer systems were built in the 1970s using substantial grants from the

Clean water act and the old 208 program which some of you may remember that level of funding has been decreasing since the reagan administration and you have a lot of these facilities now 40 years old that require significant updates significant repairs they don’t really stand on their own because the original capital costs

Were grants and yet taxpayers are now having to take on those costs um in order to do that in some communities you’re having to give up other things you may have to give up some of your park programs in order to support your sewer and water programs therefore it is essential

That all development going forward be built in a way that encourages the use of existing and improvement of existing infrastructure historic preservation areas are a great example for using incentives to reduce how about if you say to a company you move into this building will reduce the on-site parking requirements

So you can use a greater amount of space for your operations or you can use this a property that might not otherwise be allowed but we reduce some of our our requirements we relax our use requirements put your business on the first two floors rent out to residents

The third floor allow home occupation doctors lawyers real estate agents in houses to maintain these larger houses and a form where there’s investment in them use to the extent you can afford and you’re allowed use property tax exemptives for investment historic properties this is the way to establish historic preservation zones

Where there are reduced permit fees for investing in the zones or guaranteed that won’t be more than say two months for a particular review process nothing drives a developer crazy than to have to be paying again for more meetings more lawyers more architects more engineers while the review process drags on and on

And on so if you have if you say look this is something we want and therefore we promise you we will review this and a number of communities have done this very successfully you reduce that time for that developer that’s going to encourage private investment another example of infill programs this

Is off the new hampshire department of environmental services they have this great checklist that they go through about proposed infill and i i assume everyone will get copies of the slides afterward but um so you’ll have these and i if people want i can also email any websites if you can’t find these

But will the project improve the appearance of the immediate area in other words is an infield project going to make something better or is it just a dollar general going next to two historical buildings no offense to dollar general but i think you know what i mean in terms of the differences in

Terms of types of development and what you want in your local economy will the project make use of you underutilized infrastructure how is this something that’s really going to benefit you because you’ve invested in this infrastructure and now you’re going to be able to get increased usage are

You getting the benefit of increased density will the project make the area more pedestrian friendly a more livable community will it create jobs improve the housing supply these are the things we want in infill and these are the things we want to find at ways for incentives will the project provide tax

Revenue directly or indirectly from a result of new investment it might just be sales tax from new residents living in the area will the project provide or encourage better utilization of other land by reducing sprawl reducing say demand for housing on farms and other open spaces

So this is a great checklist to think about when you’re in the redevelopment or the infield projects to evaluate is this something that i want to reward and one thing that we find and i find this a lot when i work for developers a lot of times infill is harder to do

Whether it’s because people have got nimby attitudes or whether people don’t realize but a lot of codes make infill harder than greenfield you are creating a perverse incentive to go out and tear up that greenfield space if it’s harder to build in an existing area or to re do

Re-adaptive uses than it is to go out into a new area if a new area can be easily rezoned if a new area has allowable uses that are broader where are you going to put the project well the developer’s going to put projects where they maximize their

Profit that’s always going to be the case except there are yes there are a lot of very selfless developers in a lot who really make an effort um to be proactive in the community but end of the day they’re responsible to their companies they’re responsible to the banks and uh

We need to make sure we’re not making it too difficult to do what we want and there’s a lot of codes that could really stand uh some review um one of the things that we talk about is traditional neighborhood developments a concept that most people refer to as the new urbanist movement

Meaning complete and integrated communities containing housing shops workplaces parks and civic facilities designed so that activities are within easy walking distance you know sometimes when i talk about tnds i get a lot of size that people are like oh you mean the rich yuppy neighborhoods

Yes i understand that a lot of that is uh that’s how a lot of these communities are seen but the fact of the matter is a lot of these concepts can be applied to communities that uh are uh essentially more more dense in scope or old village communities uh there’s a lot

Of good concepts in here of trying to integrate things and reducing the scope of uh the distance between services there’s a redevelopment going on in long island in one of the suffolk county communities they’re using they’re really trying to put traditional neighborhood developments located near a railroad station the transit-oriented development trying to

Build up that village life and they’ve written their codes there and they’ve designed the project to try to really focus on increasing and improving the housing supply in the area creating greater jobs for people who live there rather than people driving all over the island or

Into new york city for jobs and there’s a lot of these concepts that can be used in um rural areas i want to give you an example of two different types of approaches to tnbs this is from the city of syracuse code so this is their general urban district where they want

To provide a primarily residential mixed-use neighborhood in which non-residential uses are present but they’re small in scale you’re not going to find a best buy in this neighborhood you’re not going to find those kind of large stores a variety of types is in courage different styles of houses different types of businesses

A variety of houses such as attached row houses but only one single family home with an accelerating unit on each lot they’re trying they’re not necessarily building a lot of um mixed of apartment use in another district where they specifically are trying to build up urban center

Districts the purpose of the t5 district is to create a dense fully mixed neighborhood with a vibrant street life um these folks have been reading jane jacobs and they’re trying to create exactly what she was talking about in their community and they’re writing their codes to get developers to build

In this area residential users are primarily in apartments they’re trying there’s a lot of incentives in their law to encourage developers to build in this approach um i think what’s equally important and this is a lesson i think for all of us as we look at sustainable development and these communities

What don’t we want what do we want to say no to and as even when it’s uh not necessarily politically correct in our particular communities this is from columbus ohio in terms of what they don’t lie in low in their tnd districts no drive through commercial uses in other words reducing

The drive through banks to mcdonald’s that are really require really encourage uh automotive based use no big box stores no billboards no single tenants of greater than 10 000 square feet no nuisance type uses scrap yards or landfills or the dumps they’re really trying to designate what kinds of things

They want in these areas and keeping out things that are allowable elsewhere but not in this zone so they’re designing and thinking about what do we want and they’re writing the code to make it happen and they’re putting faith in their ability to attract developers who will make it happen the way they

Want um another tool i’m sure most of you used to but this is a great way to encourage uh smart growth and and reduction in in sprawl and that’s to use cluster developments and not just a custom development but to require developers with joining developments to try to put

Set up their cluster developments in a way so that two or three centers of density within the cluster development adjoin each other so you create a little hamlet you create a walkable area trusted development allows greater flexibility and subdivision approval for the purpose of achieving more efficient use of land containing unusual features

So for example if you have wetlands on a property they stay away from the wetlands you stay away from the sea slopes if there’s areas with nice views you stay away from those unique areas and you allow greater density you allow smaller setbacks you in effect put the

Same amount of development that you would get on the larger parcel in a smaller area and what you get is you save dollars for your taxpayer you save dollars for your community you don’t have as big a road well that means you don’t have to plow as much that’s a

Very big course there’s a lot of little communities i work with in upstate new york virtually their entire municipal budget is their plowing the highway budget and the plows uh they don’t provide a lot of other services but that’s an essential service if their subdivisions are built

In a sustainable manner in it with smaller streets they literally save money on fuel they literally save money on personnel costs and increase the life of their equipment we preserve open space this way and it can be used with other tools like incentive zoning to create compact mixed-use communities really sort of

Trying to create the density that you need to do a lot of things that otherwise aren’t available all right i’m not sure how we’re doing on time if you have questions or anything i’m assuming at some point you’ll interrupt me whenever you have questions at all um

But um going forward uh i want to talk about going green um see what do i mean by going green isn’t everything we’re talking about going green no i’m talking about specifically here the idea of requiring green buildings how do we get developers to build green buildings how do we get developers to

Build developments that really reduce the amount of water use how do we go about it do this and this is an area where your code is an essential tool and you can really encourage developments but you can also really requirement and we’re seeing more and more literally hundreds and hundreds of communities

Mandating that this is the way that things are going to be built now overall in this country we’ve increased and improved our energy codes each year the current 2009 model code which many communities had to adopt in order to receive funds under the stimulus funds most states have adopted it again increased

Energy consumption the next set of codes coming along the 2012 codes are even tougher but the current codes that are just now being put in place requires tighter houses greater insulation not necessarily expensive things thomas friedman who wrote hot fat and crowded has a whole chapter that he calls if it’s not

It’s not cheap it’s not green you don’t necessarily have to require spending a lot of money to achieve these goals communities can take a number of steps and what we’ve seen often most often is the um the development of green building standards so how do we get into this why

Do we do this why do we look at this well there’s numerous model energy and building codes that are out there so you have the legal structure you need you don’t have to go out and invent the wheel you don’t have to pay consultants to design the standards that

You want the or the water savings that you want you can take a lot of recognized and usable codes and employ them to create the kind of community you want um you want to encourage or require green buildings you’ve got to have a standard or other benchmark to measure

Performance what’s a green building well green building is something that reduces energy consumption as compared to a standard building so how much energy savings how much water savings etc determining if a building is green requires a benchmark against which the new or improved structure can be

Measured now this is not a new concept i’m sure to most of you think about it every building that gets built now is measured against your zoning code your setback requirements your height limits your other requirements it’s also measured against your building codes in terms of how it must be built uh the

Structure the electrical requirements and the like but these systems go a lot further and they’re comprehensive systems that can serve as a template for your code saving time and expense and establishing standards you’re also dealing with with standards that a lot more people are familiar with most architectural firms of any size

These days have someone who’s familiar with leed or green globes or the national home building code or other standards that are becoming commonplace the aia forums are starting to incorporate a lot of these into construction projects so they’re becoming more mainstream and employing these uh permits you to

Have a faster implementation of green building requirements than if you were just sort of using the official building code and municipal zoning regulations alone where you are hiring a team to work for you so let’s talk about some of the issues with green building codes most communities get into lead the

Leadership in energy and environmental design and the u.s green building council which has promoted this system over the years really deserves a lot of credit for for creating a movement towards green buildings for creating public attention but the lead method particularly for homes there’s a lot of people have a lot of

Problems with it and don’t think it goes far enough it used to be for example that you can get leed certification without getting any points for energy efficiency now you have to get at least two points are required in that category but compared to the 2009 energy code that’s

Only 10 to 14 better than that code so it’s not always the nes the best system and it may not be what you want you have to consider what is it that you’re trying to accomplish let’s assume for a minute that you’re in a community that’s dealing with combined sewer overflows um

The story out yesterday that st louis signed a four billion dollar consent order cleveland signed one for three billion dollars a few months ago a lot of communities are facing incredible costs to upgrade their aging sewer and storm water infrastructure lead doesn’t necessarily require the maximum efforts to address that situation some

Of the others that we’re going to talk about in a few slides particularly adopting the epa’s water sense program go further than leed requires so look at these as templates but don’t necessarily look at them as the other way to go also one of the things that’s very important from a

Legal point of view is to consider how you adopt these um if you adopt a requirement of um uh actually requiring projects to register with and obtain a certification there’s a number of things to consider and some of this depends on the state but there’s it’s very problematic first

Of all the lead system takes time the certification often the final certification can take months afterward now if you’re a developer of a commercial building and you require leed certification to get your final certificate of occupancy and you can’t get your final draw until of your construction loan or close out

Your construction loan until you have that certification you’ve got a real problem wanting to be part of that process moreover there’s a concept in law known as the delegation principle where municipalities should not be turning over governmental functions to non-governmental entities the lead system has a particular appeal process

And a particular way of doing it but it’s not a public judicial backed system and there’s real concerns whether or not communities in most states have the legal authority to in effect turn their building code systems over to a private entity moreover it costs a lot to go through lead

And that cost may not be where you want people to spend their money you may want them to frankly spend it instead on improving the buildings in the built environment within your infrastructure so let’s talk about that how do we get around it well my recommendation this is what most communities are doing

Is to what we call create certifiable standards so you create a standard that says you will get you will get an architect or engineer to demonstrate that the design and construction of a project would obtain a lead silver status if it went through the requirements the city of boston follows this leed certifiable

Approach they describe it as a structure that is planned and designed and constructed to achieve the level certified using the lead building rating system most appropriate for the proposed project so you avoid the cost you avoid the delays you devoid the legal pitfalls of represented by formal certification yet you get the benefit

Of the u.s green building council’s work on um standards same thing with the other standards if you uh use the national home builder standards which is a typical standard that’s really aimed at homes you can use those systems the national home builders standard is a little bit better on energy conservation

The green globe system is also better on energy conservation than leed leed does other things better than the other systems you should feel free to work with your professional community to mix and match what things you want one community on long island requires leed certifiable for certain commercial buildings uses the

Energy star program for homes and particularly has a program established with the local utility the long island power authority where they have certain standards where they will give you benefits if you meet those standards that town is required that level of standards in terms of energy conservation so um

If you move if you move through that that way but be very careful legally and talk to your legal counsel before you simply adopt a and require that people actually get certified by one of these particular systems so now i want to talk about doing some interesting things i want to talk about

You’ve adopted a green building code how can we mix it with other tools by the way i apologize if you’re hearing a siren in the background and it’s hopefully it’s not keeping you from hearing me i am in downtown buffalo and um uh it is sometimes there’s some outside so i

Apologize if you’ve had any problems last couple of moments hearing me but i want to talk about one code that i think is really cool this is brick township new jersey in their mixed use district they basically take green building codes and other tools and they basically mix

Them together they they create various standards but they leave the implementation of each project to the planning board and what they say is you are required to do lead standards you were required to do these things but the exact mix is up to the planning board they write their code

If you if you’re familiar with the laws for planning boards a planning board must be given standards to follow as opposed to a town board in most states can pretty much make a decision on anything that’s reasonable subsidiary boards must be delegated specific standards to follow so in brick township in their media

Mixed use district they’re trying to create a pedestrian oriented neighborhood they’re trying to encourage shops and jobs and mass transit they’re creating what they call the pedestrian realm with increased side work space rear of the building parking limiting the drive-through uses and other automotive centric uses requiring roofs to have rain gardens

Lead must be integrated and i want to go through with you and give you an example this is from their code this is their example what they require these are the factors that must be considered it must be considered the utilization of alternative and sustainable energy systems such as solar power new jersey

Has one of the best systems for subsidizing solar power through their renewable energy credits if you ever wondered why a northeastern state like new jersey is number two behind california in its solar installations it’s because their renewable their solar renewable energy credit system they’ve made a statewide decision this

Is a community that’s channeling that into better better properties into its own area they also want to see green areas and green roofs storm water discharge recharging systems they don’t want in other words they want the properties not just most communities most states they follow the rule of well you can’t make

The storm water any worse than it was before the developer this community is saying you’ve got to use that storm water as a resource you got to help us deal with storm water you talk about communities like new york city where as little as a quarter of inch of rain can

Flood the subways these are huge issues and storm water is one of those things that we have not done a good job of using requiring it to be used for irrigation requiring less pervious areas really doing the things necessary to keep storm water out of our water and sewer systems

All starts with our zoning codes and brick new jersey gets into the utilization of water conservation techniques is the property going to use gray water you use is it going to have high efficiency fixtures instant water heater is um a way of uh significantly reducing someone like myself is often away from

Home the instant water heaters save me a lot of money and it saves it’s because it’s sort of an on-demand use so you’re not always paying for that hot water to be in the in the tank particularly when nobody’s home you do that as a community you can save

A significant amount of energy um even if your your community doesn’t have a public utility saving energy is is essential because of the capacity of our electric grid is limited in many areas and so energy efficiency requiring inefficiency really permits greater development to occur um until we

See the kind of development if you want to be uh a little bit worried about our smart grid and all of those efforts keep in mind that according to a leading author in the last few years the u.s utility industry has spent less money on research than the u.s pet food industry

It tells you something i guess where our priorities are as a society but because the grid uh well is older because it’s not being upgraded because we don’t want to really pay as a society to upgrade it these energy efficiency requirements become very important a conservation of rainwater for green

Use we’re going to talk about green use more in a minute we’ll recapture this is one integration of materials to reduce the heat island effect new york city and other cities actually require the use of reflective surfaces a pretty easy requirement new buildings you must have a reflective payment

Surface you must have a reflective roof low maintenance landscaped areas you must do what you can to reduce your energy costs within the building and while it benefits the property owner you reduce the cost of the uh uh of the whole community um brick goes on to say they want to see

Energy efficient and recycled building materials locally sourced whenever possible rapidly renewable responsibly harvest all the buzzwords of sustainable development they’re not looking for rare teak wood to be paneling all their stores they wanted you to show them that you used recyclables you used waste reduction a number of cities i think san diego’s

One have waste reduction laws where you have to show them in each building project that you have submitted to a a construction recycling center a certain percentage of your waste stream and you’ve limited that waste stream and you pay a waste fee up front and you get the feedback

If you meet the requirements of minimizing waste so um they then go on here in terms of energy efficient to require high performance glazing on windows to specify lights that do not contribute to both the light pollution but also they require high efficiency features using energy star appliances by the way

Many of you may be aware there’s been a lot of press on this city of albuquerque got into trouble by requiring more efficient facili appliances and hvac equipment than the federal government requires under the various energy acts the courts have said that is one area where the federal

Government has preempted and there’s a very specific preemptive language within some of these energy laws where the federal government sets the standard that’s unfortunate because the standard tends to become a line that people don’t go above or don’t have to the energy star program does reward those who appliances that um

Are the top 25 percent they’re now looking at super energy star which is supposed to be the top five percent if you require the use of energy star appliances um and you follow the federal standards um or you give if you know if you give bonuses for using the energy star

Appliances and the like you’re going to significantly decrease water and energy usage and you’re going to increase the value of these properties well i mentioned indoor air quality there are specific standards from ashrae of how to reduce indoor or air pollutants if you look at the living building challenge which the cascadia

Region green building council has put out the the living building challenge is a building that literally is zero carbon use zero water use uh as far as you can go in terms of an off the grid zero emissions building they’ve got this extended list of materials that cannot

Be used and that’s a list that’s easily adaptable and it’s not just formaldehyde or some of the more obvious emissions emitting materials they’ve got a very comprehensive list of materials that that introduce pollutants into the working environment leed has methodologies for airing out buildings prior to their going into use

That you can write into your laws you can really increase the health of your community by imposing these standards or rewarding developers for including them in the standards so hopefully you understand why i like the the um uh the uh the standard under um the brick new jersey they sort

Of incorporate everything and they tell the developer come to us show us how you’re going to meet this mixed u these requirements in the mixed use area excuse me water conservation in storm water i mentioned this before we’ve really got to change our attitude about

Storm water it is a major problem it is a major cost and we have got to change around the way that developers use it it’s got to stop just sheet and into the sewer with our parking lots we need to have more pervious areas within our

Parking lots if you go over to europe just about every country requires a lot of parking lots to actually use pavers with uh dirt literally in the spaces um and you know it’s greater maintenance cost on the uh the property owner but you have a lot less runoff from those properties

There’s a lot of things again that you can do for water conservation if you reduce your parking requirements assuming you’re allowing a walmart for example i mean do you really need a thousand spaces out there or some of the other giant parking lots that some of

These super walmarts have and i’m not by any means picking on walmart i’m just using the example of the best of a big box store um a target or any of these do you really look at your parking requirements you reduce your parking requirements you’re reducing your storm water runoff so

Look in particular zones in particular is your park is your parking encouraging uh greater drainage runoff is um is your parking encouraging more use of automobiles than you need use incentives also this is the one from new york city in particular get everybody looking at rain barrels in

Gray water where you collect all the non uh if you will except for water from toilets but you accept you collect gray water from sinks and the like and or you accept rain barrels and use that to replace potable water for irrigation and in new york city they’ve configured that um

۴۰ of the water used by residents in the city is actually going to irrigation that’s within the city so they give away rain barrels that saves homeowners on their water bills that reduces the stress on the city storm water system uh new york has one of the biggest combined sewer overflow

Problems and here’s a way to just say let’s just use that free water in a better way rather than collecting it in our sewers um let’s talk about green roofs which is related to water conservation i think green roof is something that is growing and something that you should

Very much include in your codes either mandatory or as a benefit there’s a lot of benefits from having a green roof of vegetated roof in terms of improved air quality storm water management through reduced runoff you improve the building efficiency uh because of the way the

Roofs have to be built you actually have longer roof life um the regulations can pertain to structural support there’s a lot out there in terms of how to you look at chicago you look at new york you look at a lot of other cities that have green roof regulations there’s plenty of

Regulations out there that show you how to properly and safely build a green roof with proper waterproofing drainage growing medium the vegetation types that are appropriate um in los angeles county for example they require that the plant coverage 90 of the plant coverage must be required within two years they don’t want blank

Garden up there they want it actually grown chicago has roof regulations uh that’s virtually mandatory in a lot of large buildings chicago and portland oregon they give floor bonuses they give you put a green roof in we’ll let you build a taller building let’s build a bigger building because you’re reducing the

Impact on our infrastructure um so um you also have the tax credits um let me just finish up on green roofs and then i think we’re going to start talking about some questions um whenever are your ready art to if you want to start talking about questions

That’s fine dan we can take questions uh as you go as you finish up your presentation if folks have questions now we can we can certainly forward them to you okay um i haven’t are the questions coming i don’t know if they’re coming to me if they’re coming to you uh

But i’m ready at any point that people want to jump in by all means let’s this is the time to send them in we’re uh as we wind down um i want to show you as we wait for them uh an example from clinic helmet connecticut this is a really impressive

Use of various tools of overlay zone specifically designed for watershed protection purposes they had a situation involving a lake the columbia lake where they had persistent problems related to the amount of phosphorus that was going into the lake uh problems that were increased by storm water infiltration and so they created

A zone around this resource called the watershed protection overlay zone now overlay zones are zones that sit on top of the regular zoning that are designed to create additional requirements or allow certain uses as long as certain standards are made and um i got this from the green valley

Institute website the overlay zones require certain best management practices to reduce the amount of phosphorus and examples of the things we’re talking about permeable pavements bioretention structures vegetated swells and to obtain a building permit within the overlay zone the land owner must show and the landowner has the burden of meeting it

The amount of phosphorus exported from a project site is less than the allocation within their plan so you create a plan you you will you create principles and then you reduce the cost to the community and reduce the impact on this lake by the way that you go about

Allowing the property you’ve transferred that burden to the private sector um another example is in terms of water conservation the potential for water usage reductions is substantial lowering the cost of maintaining both water and sewer systems everybody knows about the epa energy star program not as many people are

Aware of the water sense program which is sort of the water equivalent but new york city for example has required that effective in july 2012 about a year from now all plumbing fixtures have to earn the water sense label and these are structures that of course are are highly uh if you will

Water savings um give you an example typical toilet uses about 3.5 million gallons per flush a low flush toilet uses 1.6 gallons so the epa says you know you change to a high efficiency toilet you reduce toilet usage by over 50 percent indoor water usage by about 16

For a family of four that’s 15 to 20 000 gallons a year so here’s what the city of tampa florida did there were other cities that have done this also very successfully they replaced nearly 27 000 toilets saved over 800 thousand gallons of water per day the cumin is savings over 20

Years of nearly 6 billion gallons of water that’s 6 million gallons of water that they’re not paying to treat that they’re not worrying about where it ends up simply because they replace toilets some communities do this by giving a hundred dollar rebate if you switch over to i tell it

Certainly there’s no reason not to require that new developments meet these high standards for water efficiency this is simply a way to reducing the cost that your taxpayers are going to pay for new development by reducing the inputs from those developments um let’s see are we i apologize to the

People for i’m just about through whenever you’re ready let me know all right any time um lastly um i want to talk about uh something that i’ve seen that i’ve written for a community um it’s kind of a neat way of addressing things this is combined incentive zoning overlay zones lead

And a few other things an energy efficiency overlay zone where a developer agree where where the rezoning requires that only zero or low carbon emission homes be built you have acquire a renewable energy aspect whether it’s small wind or small soil or solar you have passive home standards for

Those of you not familiar with the passive house standards which are super insulated homes that rely on very efficient heat transfer systems on their air efficiency and we have one in syracuse there’s a number of them around the country these combs basically rely on body heat and the heat from appliances to heat

Them the average cost if you pass at home is about the same amount as it takes to run a hair dryer in terms of the electricity significant savings usage significant savings for users build the passive home allows these folks greater density allow them to recover the cost the greater cost of

Actually building the home because the developer has that upfront cost while the homeowner earns the the savings so reward the developer by allowing greater density require energy star appliances and if you you know you may require leed certified but you may want a lot tougher standards for example

You may say no it’s not good enough to be lead certified uh of a certain level and only get the minimum two credits you have to get at least four or five credits in the energy efficiency category um there’s a lot that you can do with these

Codes so you create an overlay zone for a developer you allow them greater density you put a lot of these things together like a tnd type standard and you can have a very high value community within your mist that’s going to be very low impact on your community budget

Hey i’m ready when you are um go ahead i’m not sure if art is able to see the questions so i’m just going to go ahead and facilitate them um the first question we have um is it all realistic to believe more oil drilling will occur in the united states

Are there any advances on biofuel technology using construction and farming waste to create fuel okay let’s take them one at a time there is a political football going on obviously in terms of whether or not to open up the um various areas where we know there are um available resources uh

Shell this past week got permission to drill in the arctic uh from a from an administration that’s generally considered to be pro-environment um the last administration was looking at opening up the atlantic coast to drilling it’s a it’s a political question um i you know there’s a lot of books you

Can read on the end of oil in the end of peak oil what pretty much everybody agrees on is we’re at the end of cheap oil the easily the lower cost oil that was very easy to get i think there will be greater oils we have a lot of

Controversy in our state and a lot of other states about how to deal with the marcellus shale and the other the other natural gases that are available from fracking because of the potential environmental impacts for fracking and there’s a lot of impacts on communities and this is an area that art in

Particular spent a lot of time on a lot of impacts on communities besides just from the fracking there’s also significant issues related to the truck traffic and to the wastewater and to a lot of other things so a lot of communities are dealing with that that natural gas boom though has really

Changed the equation in our country of uh gas so i think there will be more drilling particularly in the national natural gas in terms of biofuels it always seems like and we’re always just there we’re just you know another couple of years we’re going to be there certainly biodiesel is available now

From a variety of stocks one company that i’m aware of takes uh waste streams including sewage waste streams turns them into a substitute for acetylene gas i work with a lot of clean tech programs it’s amazing how many companies are in the bio gas business we haven’t yet seen the algae-based biofuels

Able to really create the enzymes they need to really scale up but there’s a number of country companies here in the united states and in germany in particular that are starting to really gear up problem with biofuels that you have so far most people are probably aware with

Ethanol ethanol is not that great environmentally it has certainly uh been a great deal for the farmers uh but it’s very heavily subsidized it doesn’t just have a credit like a lot of energy sources do it has a credit it’s backed up by a tariff on alternative ethanol sources

From sugar cane and it has a mandate that a certain amount of ethanol must be built it’s taken those three steps of subsidies to make it viable and most people don’t feel it’s either economically or environmentally viable yet we focus more on ethanol in this country

Than we do on biodiesel which has been very successfully both economically and environmentally i think we’re going to see more and more waste streams converted into various forms of biofuels waste heat other types of things we’ve got a number of cheese companies here in the orchestra where four

Digesters where they’re churning out bio gases that are then used to to provide those companies more and more around the country we’re seeing biofuels i think that’s an area that yeah that we’re really moving forward on well dan yes we have several of our participants asking about what do rural

Communities do when they’re they don’t have the staff to actually produce or manage these types of projects in their communities the rural communities themselves especially the poorer ones have considered considerable problems keeping up with for the ex or don’t have the expertise necessarily to follow through with the green

Energy programs and the you know and or the ability to keep up with the the zoning and master planning yeah it’s a very real problem unfortunately and you know most towns the planners there are no planners uh there’s a planning board which is composed of volunteers art you and i

Deal with this art you’re the head of a regional planning board where i don’t think there’s a single community in your county that has a professional planner other than yourself at the county level that’s very typical this is a real problem obviously the internet provides

A lot of resources that you can use or plagiarize and like one of the things you have to look at and this depends on your state enabling legislation when projects come in most states will allow you to have the review fees charged to the developer look at your codes carefully and make

Sure your taxpayers aren’t paying for the cost of reviewing development beneficiaries should be paying that the developers should be paying for the cost of the system new york and other states have specific limits uh they’re not profit making ventures but they also have specific requirements where you’re allowed to enact legislation so the

First thing is look at your code in your state law and make sure that you’re doing everything you can to recover costs on particular applicants beyond that i think with a lot of what we do is things like this get together with your fellow groups and work on plans and projects together

I belong to a listserv for example of various planning attorneys i belong to a listserv of municipal attorneys and there’s times where i’ll just put a question out has you ever dealt with this have you ever dealt with this and um though i get some great answers as often

State officials as part of those listservs there’s a lot of people who have run into situations before there’s some very creative it’s frankly a way to get a lot of free legal services in terms of of the municipal law one that i belong to you get some of the brightest minds

In the state and thinking through your problems um i’m not in any way trying to limit the problem it clearly is a problem especially in communities where we have a balkanization of communities and with home rule the development burden is on those communities and they may not have the resources to carry it

But you need to turn to your fellow planners you need to turn to the internet and you need to make sure that you’re not subsidizing the developer by failing to recover the cost from them to the extent you’re allowed to in a particular state there’s a question how would planning

Staff be able to enforce the energy star appliances if they were actually installed in homes after the incentive zoning has been granted one of the real problems we face in green building the new york and city has really wrestled with this is we really only control things up to the

Point of construction and that’s why you occasionally see studies that say green buildings performing less than expected we can’t control tenants we can’t control people who decide to buy humongous energy inefficient refrigerators you can only control what your state allows you to control at certain points you can create incentives

And require for example the first set of appliances to be energy efficient you cannot stop someone from running their air conditioner with the windows open in new york city by the way if in the summer if you have the uh your doors open of your commercial enterprise and your air

Conditioners on they will give you a ticket they enforce it against commercial businesses but the reality is you do have limits on enforceability now there’s a number of things that people can do one of the things that you do and again this is more aimed at commercial than at

Residential one of the things is to require what’s known as commissioning this is being made part mandatory part of lead and some other programs commissioning is in effect a mandatory period prior to the if you will the opening of a building where systems are really put through their

Paces by experts where the hvac is really run all the equipment is really run by people who are the environmental experts the energy experts to confirm that all that equipment all of that other stuff runs as a proposed a number of laws are now requiring commissioning to prove that um commit there’s uh

A number of good articles of one i mentioned north arden schindler before he did one i believe on the grit website where he talked about how commissioning can save a lot of money commissioning is one way to make sure that at the beginning of a project you’re really

Getting what you promised so look at putting that in the new york city um has a law that says uh commercial buildings on a rotating basis but basically every year have to provide the amounts of their energy usage now there is no law that says if you use above a certain amount

You must change that or you must upgrade your energy mayor bloomberg actually proposed such a law but the common council blocked the that so but there is a reporting law and the goal of the city is if that information is public that the marketplace will act as an incentive

That people will want to be located in buildings with greater energy efficiency in order to save money so the marketplace will create an incentive um i have to be honest with you i’m not totally sure but even on the new york law of the legalities of requiring that

Information and being allowing it to be made public something you need to look at but that type of benchmarking has been used in a number of areas to do this so you can look at commissioning you can look at benchmarking but in terms of the person who won’t buy an energy star the

Appliances themselves federal government sets minimum standards the days when the really low efficiency equipment could be purchased and used really are not are gone and it’s fascinating to see what the amer federal government is achieving there refrigerators is a good example refrigerators have gotten bigger and bigger over the years the average size

Refrigerator has gotten larger and larger they’ve also gotten more energy efficient and cheaper to run even as they grow in size on average so the federal government has upped its standards the industry has responded to that into that requirement and as the marketplace has required more efficiency energy start is really

Done but the one thing we can’t do through excuse me through zoning is regulate behavior now if you have a municipal utility that’s the whole point behind smart meters and time of day pricing and require and making price use of electricity during peak periods more expensive and encouraging people to run

Their appliances later at night if you have control over your utility structure then you can in effect create price incentives for people to use energy star materials where they if they don’t get more efficient if they don’t run them efficiently they’re going to pay a greater share bill than someone who does

Again gets into a lot of civil liberty issues if you mandate that but if you create a pricing structure if you have that power and that’s the whole point about the smart grid is that smart meters will allow people to realize how much power they’re using of course what happened in

A lot of places people realized how much power they were using this type of alternative processing the people who were not properly using energy had huge spikes in bills they complained to their um elected representatives i think it was out in california with pacific gas that

One person had a meter he claimed was defective one assemblyman complained and they spent millions of dollars auditing their meters so the roll out of smart meters has been not as effective because it’s very very tough to change consumer behavior um dan have you come across any incentives or techniques that

Could likely win over rural communities and uh get that buy-in from local at the local town levels from rural communities themselves it’s usually with that level that you’ve got to find a financial incentive it’s usually you’ve got to find this is going to let you lower taxes or avoid a raise in taxes

In most rural communities you tend to have an attitude towards development that people property rights are paramount and that the communities is is best served by promoting property rights as long as we’re not talking about nuisance uses um there’s a joke in the wind industry

Where i spend a lot of time that you can’t build a wind farm within 50 miles of a starbucks it’s that same idea that you and you get into rural areas people’s homes are their castles i find in rural areas when i’m talking about infrastructure and i say and i show how

Zoning requirements and zoning conditions on particular projects will reduce taxes or reduce the cost of a development going forward that’s where i get incentive but the more rural i am frankly the more green means green hey dan um would you mind putting up your contact information oh yeah i guess

I should go to that last slide there if anybody wants to find me thank you yeah if your question hasn’t been answered today definitely go ahead and give dan and shoot him an email i think i’m sure he’d be happy to answer any further questions that we haven’t been able to get to

I’m going to have to go ahead and end this webinar it’s been a really great session thank you so much dan and art for participating and giving this great presentation i think everybody really enjoyed it thank you i’m going to go through just a couple reminders for anybody who’s still in attendance um

Just on how to log your cm credits for today’s webinar so um thanks again dan and art for the great presentation go ahead and take down dan’s email address if you would like to contact him further i’m going to go ahead and switch over to how to log your cm credits okay okay

First off to log your cm credits for attending today’s webcast please go to www.planning.org cm select today’s date august 5th and then select today’s webcast zoning statutes for sustainable developments this webcast is available for one and a half cm credits we are also recording today’s webinar um and you will find this recording

Along with a six slide per page pdf at www.utah.apa.org webcast archive this concludes today’s session and i want to thank everyone again for attending okay are we out so to speak i guess jennifer or i mean brittany

ID: MVoMdDjqC4Y
Time: 1344102572
Date: 2012-08-04 22:19:32
Duration: 01:31:51

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