The Act continues to require local governments to discourage the proliferation of urban sprawl. For the first time, urban sprawl has been defined in the Community Planning Act, as:
“a development pattern characterized by low density, automobile-dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses.”
The Act also codifies the urban sprawl indicators from Rule 9J-5 into the statutes – if the future land use element or amendment does these things, it does not discourage sprawl:
- Promotes, allows or designates low-intensity, low-density, or single-use development or uses;
- Promotes, allows or designates urban development in rural areas at substantial distances from urban areas while not using available undeveloped lands suitable for development;
- Promotes, allows or designates radial, strip, isolated, or ribbon development patterns
- Fails to adequately protect and conserve natural resources
- Fails to adequately protect agricultural areasFails to maximize use of existing public facilities and services
- Fails to maximize use of future public facilities and services
- Allows for land use patterns or timing which disproportionately increase the cost in time, money, and energy of providing and maintaining facilities and servicesFails to provide a clear separation between rural and urban uses
- Discourages or inhibits infill development or redevelopment of existing communities
- Fails to encourage a functional mix of uses
- Results in poor accessibility among linked or related land uses
- Results in the loss of significant amounts of functional open space
However, a new list of urban sprawl remedies is provided and, if at least 4 of the 8 are met, the element or plan amendment is deemed to discourage urban sprawl:
- Directs growth to areas that avoid adverse impact on natural resources and ecosystems
- Promotes efficient, cost-effective provision or extension of public infrastructure and services
- Promotes walkable and connected communities, provides for compact development and a mix of uses at densities and intensities that will support a range of housing choices and a multi-modal transportation system
- Promotes conservation of water and energy
- Preserves agricultural areas and activities
- Preserves open space and natural lands & provides for public open space & recreation needs
- Creates a balance of land uses (residential vs. nonresidential)
- Provides uses, densities, and intensities of use and urban form that remediate an existing or planned sprawling development pattern or provides for an innovative development pattern such as transit-oriented developments or new towns
The relationship between the definition and the indicators is unclear. Time will tell whether this new approach will provide a meaningful constraint on urban sprawl.
Author(s): Susan L. Trevarthen
