New Codes for a New Age

CJ Midwest Magazine, February/March 2010, by Donald L. Horine

Whether in the urban core or in the suburbs, the process of successfully developing a property is complex and rife with both potential pitfalls and opportunities. The nature of suburban development in particular has changed dramatically in recent years, moving away from the era of “sprawl” that began after World War II and guided suburban growth through the end of the 20th century. Today the industry supports a new era, one of smart growth that encourages sustainability and energy efficiency in all types of development, from the design of conventional, single-use properties to the development of new, mixed-use communities. It is a rapidly changing environment, and successfully navigating the complexities of site development is particularly challenging.

Even before the current economic downturn, the emphasis on sustainable, energy-efficient development was growing. The recession has only added momentum to the movement, encouraging more thoughtful plans and designs that incorporate efficiencies and cost savings of all types. The American Recovery and Reinvestment Act (ARRA) has further encouraged the pursuit of a more energy-efficient and sustainable future by awarding funds to projects that incorporate green initiatives. Meanwhile organizations such as the U.S. Green Building Council (USGBC) and the American Society of Landscape Architects (ASLA) continue to define the process of sustainable development through the Leadership in Energy and Environmental Design (LEED) program and the new Sustainable Sites Initiative. All of these factors have created a watershed moment for the development sector, a period of change that will forever impact how projects are planned, designed and built.

Reacting to sprawl as well as current regulations and zoning ordinances that separate and buffer single uses, many cities and counties today are adopting form-based codes as well as mixed-use zoning ordinances and design guidelines. Form–based codes look at the physical form of a given project rather than its separation of uses; they are thus designed to control the character of developments rather than to establish land use types.

Adopted into city or county law as regulations rather than guidelines, form-based codes typically include a plan or map of the regulated area that designates the locations at which different building form standards apply. They also set standards for pubic space and building form, clearly define a process for project application and review, and include a glossary to ensure the terminology used in the guidelines is universally understood. Form-based codes and mixed-use ordinances may also affect architecture, landscaping, signage and environmental resources.

These codes, ordinances and design guidelines are tools designed to help communities achieve a vision and encourage smart growth. By adopting them cities will encourage a greater mix of uses, the preservation and enhancement of public areas such as open spaces, and increased connectivity.

Today form-based codes or their derivatives are impacting all types of development. Where developers once built to maximize use on a site, today they must adhere to regulations and zoning guidelines that call for open and/or public spaces. The same regulations may govern such diverse, site-specific features as sidewalks, street trees, site furnishings, architectural materials, landscaping, plant materials, signage and storm water facilities.

While the move to form-based codes and mixed-use ordinances is widespread, specific requirements and approval processes vary greatly from one city to another. Many cities publish a development approval checklist, including a time frame for submitting required documents. In other cases plan approval will require action on the part of the city planning commission or governing body to revise a code or ordinance. Engineers, architects, and planners work closely with city planning and public works departments, and they are familiar with regulations that may impact a development even before the master planning stage. Knowledge of these regulations early in the planning stages is vital to successful development.

An analysis of existing site issues, both natural and manmade, is also an important part of the development process that is changing to emphasize sustainability as well as environmental protection and enhancement. The days are gone when a site was simply “cleared” for development without consideration for wetlands, trees and native wildlife habitats; no longer is protected land bulldozed, are floodplains ignored or is storm water piped away. Instead natural features of the site are often being incorporated into developments as amenities that add interest and value.

Indeed throughout the years environmental protection has become an increasingly important part of the site development process. The Environmental Protection Agency, for example, requires an environmental site assessment to identify issues that must be addressed prior to the development of a property.

The federal government protects wetlands and other “waters” of the United States in other ways, as well. Section 404 of the Clean Water Act declares these “waters” must be identified, delineated and, if necessary, mitigated as property owners plan, design and build out their sites.

Today’s approach is more all-encompassing; it respects and protects the environment while preserving and enhancing a site’s natural features and systems to add sustainability and value to a property. At the very least this approach makes developers aware of the elements that can be considered; at most the approach provides goals for stimulating sustainable practices.

In addition to official codes and zoning ordinances, the USGBC and ASLA, in conjunction with the Ladybird Johnson Wildlife Center and the United States Botanic Garden, have created voluntary national guidelines and performance benchmarks for sustainable land design, construction and maintenance.

What’s more, LEED promotes a whole-building approach to sustainability, recognizing performance in key areas. Important considerations include the wise selection of a building’s site and management of that site during construction. The “sustainable sites” category is designed to minimize a building’s impact on ecosystems and waterways, encourage regionally appropriate landscaping, reward smart transportation choices, control storm water runoff, and reduce erosion, light pollution, the heat-island effect and construction-related pollution.

In fact the Sustainable Sites Initiative – the nation’s first rating system created solely to encourage sustainable sites – addresses site selection as well as pre-design assessment and planning; the ecological, human health and materials selection issues involved in site design; actual construction; and operations and maintenance. In each of these areas, new, more sustainable practices replace aged, environmentally unsound approaches to land development.

Today, as in the past, engineers, architects and planners play a vital role in the development process and can help a project’s owner/developer navigate the numerous challenges and changes ahead. Properly managing and thoroughly understanding the elements of this process can mean avoiding time-consuming and costly delays.

Analyzing the steps in the process can ultimately help weed out the projects that are financially viable from those that are not. True and comprehensive oversight can result in successful, sustainable developments built today under these new guidelines for future generations to enjoy.

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