Implementation tools for comprehensive planning

hnplementation Tools for CoDlprehensive Planning
GeorgiaDepartment ofCommunityAfrairs
Office ofCoordinatedPlanning
1200Equitable BtriJcting 100Peachtree SCzeet
Atlanta, Georgia 30303 (4M) 656-7526 February 1993

Table of Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

How to Use this Guidebook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Chapter One: Choosing the Right Tools for the Job . . . . . . . . . . . . . . . . . . . . . 5

Regulatory Solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Development Incentives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Strategic Allocation of Public Investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Organizational or Administrative Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Fostering Public-Private Partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Chapter Two: Economic Development Tools

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Implementing Economic Development Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Local Economic Development Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Economic Development Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Downtown Development Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Chambers of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 State and Regional Marketing and Recruitment Mechanisms . . . . . . . . . . . . . . . . . . 13
Maintaining a Local Site Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Promoting Regional Tourism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Local Tax Incentives and Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Tax Abatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Exemptions from Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Business Incubators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Freepon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Labor Force-Related Incentives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Job Tax Credit Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Quick Start and Job Training Partnership Act Programs . . . . . . . . . . . . . . . 15 Local Availability of Programs Offering Business Financing .............. . . . 16
Local Development Corporations (LDCs) . . . . . . . . . . . . . . . . . . . . . . . . . 16 Small Business Administration Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Assuring the Availability of Suitable Sites with Adequate Infrastructure . . . . . . . . . . 18 City Business Improvement Disnicts (CBIDs) and Other Special
Tax Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Tax Increment Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Industrial Park Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Chapter Three: Tools for Managing Natural and Historic Resources . . . . . . . 21

Part One: Natural Resource Management Tools . . . . . . . . . . . . . . . . . . . . 21

Subdivision Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Environmental Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

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Protecting water Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Wetlands, Watersheds and Groundwater Recharge Areas . . . . . . . . . . 24 Erosion and Sedimentation Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Managing Development in Floodplains . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Septic Tank Regulation and Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . 29-. Centralized Sewage Treatment and Waste Discharge . . . . . . . . . . . . . . . . . 29 Assuring Air Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Managing and Preserving Scenic Resources and Open Space . . . . . . . . . . . . . . . . . 32 Nomination as a Regionally Important Resource (RIR) . . . . . . . . . . . . . . . 33 Conservation of Agricultural Lands and Woodlands . . . . . . . . . . . . . . . . . . 33 Defming Urban Service Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Land Acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Partnerships with Land Trusts and Conservancies . . . . . . . . . . . . . . . . . . . 34 Encouraging Private Donations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Lease-Purchase Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Option to Purchase and Right-of-F~t-Refusal . . . . . . . . . . . . . . . . . . . . . 36 Purchase and Resale with Restrictions or Leaseback . . . . . . . . . . . . . . . . . . 36 Conservation, Open Space or Scenic Easements . . . . . . . . . . . . . . . . . . . . 37
Part Two: Historic Preservation Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Surveying Historic Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 National Register Nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Forming a Local Historic Preservation Commission or Board . . . . . . . . . . . 40 l..ocal Historic Preservation Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Historic Preservation Districts and Conservation Districts . . . . . . . . . . . . . . 41 Facade Loan and Grant Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Adaptive Use of Buildings by Public Agencies . . . . . . . . . . . . . . . . . . . . . 42 Historic Preservation Tax Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Chapter Four: Tools for Developing Community Facilities and Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Strategies for Providing Capital Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Making the Most Efficient Use of Public Funds . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Land Use Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Phased Infrastructure Extension and/or Urban Service
Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Capital Improvements Program and Annual Budget (CIP) . . . . . . . . . . . . . 47 Leveraging Local Government Funds with Loans and Grants . . . . . . . . . . . . . . . . . 48 Local Development Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Farmers Home Administration Programs . . . . . . . . . . . . . . . . . . . . . . . . . 48 FS:cilio/ ~ing and .Tum-Key Arrangements . . . . . . . . . . . . . . . . . . . . . . 49 Privattzatton of SeiVIces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Legal Tools for Developing Capital Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 I..and Banking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Official Mapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Condemnation ofI..and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Capital Facility Financing Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 User Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
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Debt Fmancing (Bonds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Property Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 One Percent Local Option Sales Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Hotel and Motel Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Chapter Five: Tools for Assuring Adequate and Affordable Housing . . . . . . . 57
Housing and Public Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Housing Programs and Strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Low-Income Housing Tax Credits (LlliTC) . . . . . . . . . . . . . . . . . . . . . . . 59 Georgia Housing and Finance Authority (GHFA) Programs . . . . . . . . . . . . 59 Opportunities from Distressed Properties . . . . . . . . . . . . . . . . . . . . . . . . . 60 National Affordable Housing Act of 1990 (NAHA) Programs . . . . . . . . . . . 60 Department of Housing and Urban Development (HUD) Programs . . . . . . . 60 Employer-Assisted Housing Programs . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Ho~sing Counseling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Incentives and Linkage Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Relaxation of Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Impact Fee Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Promoting Mixed Use Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Chapter Six: Tools for Managing Growth and Controlling Land Use . . . . . . . 65
Promoting Quality Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Future Land Use Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Annexation Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Variable Utility Pricing Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Controlling Roadway Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Construction Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Subdivision Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Unified Land Use Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 :ZOning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Conditional :ZOning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Incentive :ZOning and Density Bonuses . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Transfer of Development Rights (1DR) . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Permitting Innovative or Flexible Site Design . . . . . . . . . . . . . . . . . . . . . . 76 Floating :ZOnes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Required Land Dedications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Restrictive Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Sign/Street Graphics Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Landscape Requirements, Tree Protection Ordinances and the Tree City Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Keep America Beautiful Programs (KAB) . . . . . . . . . . . . . . . . . . . . . . . 83
Interim Tools for Handling Transitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Building Moratoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Interim :ZOning Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Selected Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
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Introduction
This guidebook presents a toolbox of ideas and techniques that may be useful in implementing a local government's comprehensive plan. It describes both innovative new approaches to community development and time-tested planning tools. While actual implementation of many programs and initiatives generally occms after the plan document is adopted, the final phase of the planning process involves preparing a specific implementation strategy including a Short Term Work Program that addresses the problems, needs and opponunities identified in the assessment phase. This guidebook is intended to be used both in developing the plan's implementation strategy, and in refining programs and initiatives after the plan is adopted; however, it may be used at any time during the planning process to stimulate productive discussion~ or broaden the range of possible options considered in brainstorming sessions.
Local governments are encouraged to consider and discuss a broad spectrum of alternative strategies and implementation ideas as the plan evolves. Input from planning task forces or citizen groups should not stop with problem identification or even goal setting. Some level of public involvement should also be encouraged as local governments engage in policy discussions and strategy development. O.tizens' responses to possible administrative or regulatory approaches can help elected officials gauge the political feasibility of an idea. Business leaders, local government employees or private citizens with different types of expertise or experience may help to uncover or invent creative alternatives, or fine-tune a combination of tools to achieve maximum success. This guidebook, like Georgia's Minimum Standards for Local Government Comprehensive Planning, is intended to inspire elected officials, public sector administrators and technicians, non-profit organizations, the business community and private citizens to develop a deeper understanding of interrelated planning issues, to fonn ongoing coalitions and to cooperate in designing, organizing and fmancing a wide range of desirable services and programs.
Georgia communities need not reinvent the wheel. This guidebook will present an overview of strategies that others have used successfully - not only in Georgia, but in other states

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as well However, not every tool and technique described here will be suitable or workable for every community. In each case, the methods or programs that seem appropriate will need to be carefully adjusted or refined to suit the particular local situation. Before any implementation action is pursued, the possible long and short-tenn risks and benefits should be carefully evaluated. Any local government policy or action can have unintended consequences and, thus it is also important to establish a process for assessing the impacts and evaluating the effectiveness of implementation tools over time. However, by promoting networking and providing contacts with other cities and counties that have tried similar methods, this guidebook can help local governments to save time, avoid costly mistakes, reduce frustration and increase the likelihood of successful plan implementation.

How to Use this Guidebook
In Chapter One, planning tools and techniques are described in tenns of general categories ranging from regulatory and administrative to voluntary. Categorizing implementation strategies by these general types is intended to provide a frame of reference for discussing which approaches work well for various types of problems, opportunities or situations. Because this guidebook is specifically tailored for use in Georgia's comprehensive planning process, descriptions of specific tools have been organized in the remainder of the guidebook under chapter headings that roughly correspond to the basic planning elements that all Georgia governments are asked to consider in their plans - economic development, natural and historic resources, community facilities, housing and land use. (lbere is no separate section for population and demographics, since growth strategies will be implicitly incorporated in the goals established for the other five planning elements.) For ease of use, some of the chapters are further broken down under subheadings that group similar or related tools together. For example, in the chapter on community facilities, financing techniques are separated from administrative and regulatory tools.
The bibliography in the appendix will help the reader locate more in-depth reading material
far on specific tools - example, case studies from other communities that have tried similar
programs or regulations. It is also important to network while developing implementation strategies. State agencies mentioned in this guidebook, as well as non-profit groups and local

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governments, can provide assistance or advice and answer questions about plan implementation strategies.

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Chapter One: Choosing the Right Tools for the Job
As discussed in the introduction, it may helpful to think of plan implementation tools as falling under five main categories. These are:
regulatory solutions; development incentives; strategic allocation of public resources; organizational or administrative processes; and fostering of public-private partnerships
Some programs and policies designed by local governments may overlap or integrate these categories. Recognizing and anticipating the general characteristics and possible side-effects of each type ofimplementation tool can help a local government tailor an overall implementation strategy that will be effective and acceptable to the community. In most cases, it will be possible to fine-tune a local solution to avoid, or at least minimize, any negative responses of the public to plan implementation. The most effective methods of achieving community goals will often involve both carrots and sticks.

Regulatory Solutions

Adopting local ordinances to control or direct growth or support public policies is the most obvious approach to plan implementation. In general, regulations offer the strongest control of private sector activities; however, they may also be viewed by the public as the most negative and restrictive alternative. Furthermore, it is important for a local government not to adopt regulations that it cannot or will not enforce. Thus, it is important to consider carefully the administrative requirements of proposed regulations, as well as the penalties that would need to be imposed on violators. In general, regulations should be applied as a last resort, or when a great deal is at stake.

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For example, protecting a community's water supply is critical to the health and safety of the public. Thus, limiting intensive development near streams or reservoirs by ordinance would generally be more acceptable to the public than laws that might be perceived as more arbitrary such as dictating architectural styles in a subdivision or passing a curfew for teenagers to keep the downtown quiet.
Even if a comprehensive plan does not recommend adding new regulations, it is important to make sure that existing regulations are not working counter to the goals established in the plan. For example, ifimproving the visual character of a community or promoting tourism have been established as plan goals, it may be important to review and/or revise existing sign ordinances to ensure the protection of scenic resources and avoid the proliferation of 'sky litter.'

Development Incentives
Another way to direct growth and development or create desirable public behavior is to offer incentives. The public and the development community will generally support incentives over rules. Incentives can be used to accomplish a broad spectrum of community objectives. Incentives can take many forms and can be offered directly by a local government or instituted by other organizations in the community. Examples of incentives include subsidizing site preparation for projects that provide affordable housing, offering low interest mortgages or housing rehabilitation loans in community revitalization districts or the provision of daycare to encourage more women to enter the work force.
The down side to incentives is that they can sometimes cost money or reduce local government revenues. Local governments are often tempted to attract large employers to their areas by absorbing start-up costs or reducing fees or taxes. The assumption that new growth will automatically increase net revenues for local government and improve the community's economy is a questionable one. The negative environmental impacts and/or the cost of providing public services and infrastructure to certain kinds of development will far outweigh any tax revenues generated - even before incentives are figured in. Before implementing development incentives, it is critical to perform a thorough cost/benefit analysis.

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Incentives are most effective when there is no strong public preference for one alternative over another, and small incentives can be applied to tip the decision-making scales in desirable direction. For example, reducing utility tap-on fees for multi-family housing might encourage a developer to build more apartments if there is a market demand for them; but if vacancy rates for rental units in the community are quite high, he may still prefer to build single-family houses. It is difficult to design incentives to counteract strong market forces or to stop very profitable, but undesirable, activities. It is also important to publicize incentives properly. As successful retailers know, a sale will not bring in customers unless it is advertised.

Strategic Allocation of Public Investments
All local governments spend money, and allocating public resources strategically is one of the most efficient ways to implement a comprehensive plan. Investing in infrastructure or public facilities or programs that suppon planning objectives can have only positive consequences. Decisions about where to locate schools or parks, which roads to improve, or where water and centralizedwastewater treatment should be made available can either support or subven the goals and policies a community has established in its plan.

Organizational or Administrative Processes

In order to achieve. plan goals, it is often necessary for a local government to examine its own structure, administrative procedures and existing regulations with a critical eye. Before adopting a program, policy or regulation, it is important to follow the tool through the administrative process to ensure that it will function smoothly and will not disrupt or complicate related government functions. Does the supervisor responsible for carrying out an implementation activity have the appropriate skills as well as adequate budget and personnel? Are sufficient legal and fiscal controls in place? For example, a decision to charge impact fees may require the county manager to reorganize the local government's accounting system, train personnel, or add new computer software. Will a program or policy change require designing new mechanisms for interdepartmental or intergovernmental cooperation? Perhaps the creation of a utility authority will

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require designing a system to ensure that developments are not connected to the pubic water supply until all local government development requirements have been met Is adequate site design information being delivered to the planning commission to help them make wise decisions on rezoning requests? A new strategy may even create the need to eliminate, combine or restructure local government departments. For example, if a plan goal is to streamline the development process, the local government may want to combine the long-range planning function with building inspection, zoning review, economic development and public housing activities as a single division or department
Fostering Public-Private Partnerships
CoordiDating the efforts of the public, private and non-profit sectors of a community is one of the most effective and morale-building approaches to plan implementation. Each of these sectors has capabilities not possessed by the others. For example, the public sector can impose regulations and fees, assemble large parcels of land (if necessary through the power of condemnation) and obtain low-interest long-tenn bond funding. The private sector can often move more swiftly and efficiently than government, with less administrative red tape; private companies are also more willing than the public sector to experiment or innovate or to take financial risks iil order to obtain profits; and, businesses can act without worrying about the next election. The nonprofit sector can lower costs through the services of volunteers and donations and need not worry about making a profit; thus it can provide some types of services more economically than either of the other sectors. Whether a public/private partnership involves a joint venture or simply entails tackling a common community problem from a number of directions at once, combining strengths and capacities can work wonders in a community.

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Chapter Two: Economic Development Tools

Implementing Economic Development Policy
While a few communities in Georgia may take an anti-growth stance, most will have decided, as a matter of policy, that some new growth should be encolD'aged. Encouraging gro":th in the economic base without sacrificing the uniqueness of a community and its quality of life will require some selectivity and forethought on the part of community leaders. The economic development section of this guidebook addresses three main issues:
defining desirable growth;
defining a process and assigning responsibilities for a recruiting commerce and industry; and
designing and evaluating incentives to attract quality prospects

In the course of developing an implementation strategy for economic development, it is important to determine how the community wishes to grow. Before setting about attracting new development it is important to reach general consensus within the community about how much long range growth is desirable, how fast this growth should occur and what kinds of economic activities are appropriate and beneficial. Local governments and the public often make the assumption that growth in the tax base equals greater prosperity and the availability of more public revenues for discretionary programs. In fact, the opposite is often true. The expanded services and facilities required by some types of new development may cost more than the newcomers pay in local taxes. New development may create additional jobs and pump more money into the local economy, but unless a community is somewhat selective in the way it attracts and manages growth, expanding the local economic base can also have negative, and sometimes irreversible, consequences.

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For example, the impacts of new developmenton existing businesses is an important factor to consider. As any community that has ever permitted one large shopping center too many can attest, over-building can lead to disaster. Business retention and expansion should be given equal weight with recruitment in any economic development game plan, especially if existing businesses are expected to be recruitment supponers. New jobs added at an existing plant often cost less to develop and translate into greater net tax revenues than those created by attracting a new industry.
A companion issue to be carefully considered is diversification. Encouraging diversification in a community's economic base can buffer the local economy from cyclical reversals. However, diversification works best when economic activities targeted for recruitment are not in direct competition with existing industries for the job skills or natural resources. For example, local textile industryleaders may be enthusiastic about recruiting a high-tech software factory or attracting a new hotel to promote tourism, but may be less eager to attract another major carpet factory that will tempt trained employees away or compete for wastewater treatment capacity. Seasonal trends may also be a consideration. For example, if the local tourist season occurs in spring and summer, an outlet mall that employs part-time labor in the fall and winter could complement rather than compete for the part-time labor force.

Local Economic Development Mechanisms

Businesses and industries seeking a new location look at a number of factors. They may look for amenities and high quality of life for their employees. Certainly, location in relation to their primary markets, adequate infrastructure, a low cost of doing business and a well-educated work force are of primary importance; however, from the first point of contact, prospects will be evaluating whether they are welcomed by all sectors of the community and how smoothly and harmoniously local government works with the existing business and financial community and the public. Thus, the first thing a community seeking to grow should do is coordinate recruitment responsibilities and strategies. A local government may be directly involved in recruitment or may designate another entity to take the lead; in the most successful communities, attracting prospects may be a finely orchestrated team effort that begins with the Georgia Department of Industry and

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Trade and Tomism (DIT&T) and eventually involves the entire community down to the local press and the school board.
Along with or on behalf of local elected officials, the following entities usually take the lead in recruitment activities:
Economic Development Authorities - Known variously as industrial development authorities, payroll development authorities, or simply development authorities, these public/private corporations have many of the advantages of both private business and governmental agencies. They are separate entities from the governments that create them, having their own corporate powers and bylaws. They have a single area of responsibility -economic development Authority directors are appointed rather than elected and generally have relatively long tenns of office. These characteristics give them a level of independence and freedom from minor political considerations that allows a long-term approach to their task. Authorities can enter into contracts with local governments and others and can receive public funds. They can issue tax-exempt industrial revenue bonds, can borrow and lend money, and can own, manage, lease, and sell real estate. Authority-owned property is exempt from taxation. There are city development authorities, county development authorities, and joint city/county development authorities.
Downtown Development Authorities- Downtown development authorities (DDAs) focus on the downtowns of cities of all sizes. Most were created under a 1981 general law which allows their establishment by resolution of city council. Some were created by local constitutional amendment or other local legislation. Having powers similar to those of industrial development authorities, most were created to provide tax-free financing of downtown business projects. Since 1986, such financing has been limited to manufacturing projects resulting in the deactivation of many DDAs. A DDA can serve as a redevelopment agency of local government and can actually develop property where the private sector is not sufficiently active. DDAs take a long-term view and concentrate primarily on downtown issues, unlike city government which has numerous concerns.

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Over thiny cities in Georgia have become members of the national Main Street Program and organized themselves as 'Main Street' communities. Usually the DDA, the city, the downtown business association and often the chamber of commerce and the county government work together through this program to improve the downtown. The key to a successful Main Street Program is the hiring of a full-time downtown manager and the implementation of the organization's well-tested and effective methcxlology. This involves downtown marketing and seasonal promotions, economic restructuring, organization and physical design.
Chambers of Commerce - Chambers of commerce are non-profit associations of local merchants and businesses that generally focus on maintaining the economic health of a community. A chamber may serve only a city or may be a joint city/county chamber. In addition to their traditional industrial recruiting and business retention efforts, chambers typically sponsor promotional events, keep records of consumer complaints against businesses and often lobby local governments concerning issues that affect commercial or industrial development In some communities, chambers actually oversee or administer downtown community projects such as streetscapes or river parks.
An aggressive chamber of commerce is one of the most effective development tools a community can have. However, a close working relationship between the chamber, elected officials and a community's development authority is imperative. Because chambers are made up of existing businesses, they may not always support attracting competing economic activities. In recruiting new businesses to an area, consideration should be given to filling market niches that are not served by existing businesses. Industry and business leaders can be helpful in attracting compatible economic partners; that is, businesses that use the by-products of existing industries, improve the retail mix of a shopping area, or stimulate local trucking or transportation services. Chambers of commerce can assist a community in fine-tuning recruitment goals.

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State and Regional Marketing and Recruitment Mechanisms

The Department of Industry Trade and Tourism (DIT&T) works to attract new industry to Georgia by providing out-of-state businesses with information and local contacts. A data base on individual counties and cities is maintained and the department prints summary sheets each year which give population, employment and per capita income projections, and facts about infrastructure capacity, transportation facilities, schools, hospitals and other community services and tax rates. Prospects are referred to suitable counties by the department based on their stated requirements. DIT&T also conducts multi-county 'Whistle Stop Tours' by train for prospects. At . each stop, visitors get off the train and see major attractions or receive a presentation prepared by local economic development recruiters. DIT&T also assists businesses that wish to expon products to other countries. Local governments that are interested in attracting major industries may benefit from further exploring DIT&T programs.

Maintaining a Local Site Inventory - A site inventory is a recruitment tool that helps prospects, especially those unfamiliar with the local area, to quickly identify potential facility locations. The ~ventory usually includes information about individual parcels including acreage, square footage of existing buildings and potential for adaptation, transportation alternatives and routes (highway, air, rail or water), and water and wastewater treatment availability. Sometimes photographs of the site are attached. A local site inventory can be developed by creating a form for local landowners to fill out and then publicizing that the networking service is available to persons wishing to market propenies. The inventory may be used locally and/or made available to DIT&T. However, to be an effective tool, the inventory must be updated often.

Promoting Regional Tourism- The majority of Georgia's communities may not have outstanding tourism potential by themselves. But, as pans of a larger whole, they can realistically include tourism in their overall economic development strategy. Often the best tourism development strategy will involve selling a larger area than a city or county. The DIT&T has a great deal of experience in working with communities to market Georgia's attractions by region and by tour 'trails' (for example, the Andersonville Trail, the Antebellum Trail, the Presidential Pathways, and even several regional and cross-state

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..

bicycle routes). DIT&T has also promoted attractions thematically. For example, Main Street Cities and bed-and-breakfast inns have been well-publicized as groups in ads and brochures.

Local Tax Incentives and Credits

Tax Abatement - Although used in a number of other states, tax abatement is uncommon in Georgia. State laws generally do not permit local governments to offer direct abatements. (One exception is the City of Atlanta's enterprise zone law which allows reduced taxes in designated zones.) Because Georgia's tax rates are already low in comparison to that of many other states, there has been little reason to reduce the tax load further. In some cases, indirect abatement of property taxes is possible for new industries through the use of development authority.lease agreements. This approach carries political and legal problems, however, and is not widely used. In most cases, companies leasing property from a development authority pay taxes based on their leasehold interests.
Exemptions from Impact Fees - Impact fees are one-time fees charged to new developments to help defray the cost of the additional capital facilities or infrastructure they require. In Georgia, the imposition of impact fees is governed by the Georgia Development Impact Fee Act (DIFA). The act allows a local government to exempt projects that offer "extraordinary economic benefits" to the community. To offer this exemption, DIFA requires the local government to include an exemption policy in its comprehensive plan. If this incentive is offered, a local government may not use impact fees collected from non-exempt projects to pay for infrastructure to serve the exempted projecL

Business Incubators - Business incubators house small start-up enterprises during their difficult early years. Most are facilities where rents are low and certain business support services (e.g., office services, accounting, marketing, management, and technical

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assistance) are provided. A few are private operations, but most are governmentally operated and subsidized. Some specialize in certain enterprise types such as high-technology, agribusiness or defense subcontracting. Only a handful of business incubators exist in Georgia. Two are operated by the University System of Georgia -- one at Georgia Tech and one at the University of Georgia. The Advanced Technology Development Center of Georgia Tech operates satellite incubators at Augusta and Wamer Robins.
Freeport - Normally, industries in Georgia pay ad valorem taxes on their inventories as well as on real estate. ''Freeport" is an exemption from such taxation that may be offered by local governments as an incentive to attract new industries. It is established locally by referendum under procedures set by state law. Upon passage, local officials may select a level of exemption of20, 40, 60, 80, or 100 percent. They may also choose to exempt only certain classes of inventory such as raw materials and goods-in-process. Over twothirds of Georgia's counties have instituted freeport in some form.

Labor Force-Related Incentives

Job Tax Credit Program - To encourage development in the less-developed half of Georgia, the State allows companies creating ten or more new jobs to take job tax credits on state corporate income taxes. Beginning in 1993, businesses creating jobs in the fli'St 40 poorest counties can receive a $2000 credit per job, while those in the second 40 can qualify for a $1000 credit. Tax liability for any one year can be reduced by up to 50 percent. Manufacturing jobs are eligible for the credits in all eighty counties. Other types ofjobs are generally eligible in the first 40 counties, but not, with certain exceptions, in the second 40.

Quick Start and Job Training Partnership Act Programs - The Georgia Quick Start program is a customized training program offered as an incentive to companies

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locating or expanding in Georgia. Administered by the Georgia Department of Technical and Adult Education, Quick Start tailors its training to the needs of particular companies to save time and money during the crucial start-up period. Prospective employees are trained for specific jobs to be ready to go to work when needed.
While operating a similar customized training sub-program that can work with Quick Start, the Job Training Partnership Act (JTPA) program, as a rule, takes a more general approach, training people in specific areas without tying the training to specific jobs at particular companies. Through a job placement program, JTPA offers a number of companies the opportunity to hire trained workers. JTPA also promotes on-the-job training by paying part of employers' training costs when they hire riPA-eligible workers.

Local Availability of Programs Offering Business Financing
Locally available financing or participation by a local government in various governmentally sponsored programs may be helpful in attracting small to mid-sized entrepreneurial ventures to a community. Public programs range from revolving loan funds to grants linked to job creation in low-income areas. They have various requirements for paperwork and credit standing. The appendix of this guidebook tells where to get complete details on such programs in Georgia. This section mentions only a few of the major programs that may be available to help local businesses get started.
Local Development Corporations {LDCs) -Revolving loan funds are sometimes administered by a city or county or their agents for the purpose of promoting local economic development. Loans are made to privately-owned businesses, not public projects or nonprofit organizations. Maximum loan amounts are often $100,000 or less. To qualify for a loan, the business must demonstrate that it will create a substantial number of jobs in the community. Often loans are made in conjunction with those of banks and other lenders. Local governments not served by an LDC may wish to consider establishing one.

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In many parts of Georgia, the role of a LDC is fllled, to some extent, by a Certified Development Corporation (CDC) staffed through a regional development center; however, . an LDC may be involved in a wider range of economic activities than a CDC. (CDCs are described in the next section.)
Small Business Administration Loans- The U. S. Small Business Administration (SBA) offers several loan programs to complement conventional lending. The workhorse program at SBA is the guaranteed loan program, also known as the 7(a) Program. Operating primarily through banks, the guaranteed loan program encourages bankers to make loans to those small businesses that have good potential but fall just short of meeting the bank's lending requirements. SBA does this by guaranteeing a portion of the loan and by allowing the bank to sell the guaranteed portion in a secondary market The bank retains the unguaranteed portion which is called its 'exposure.' This unguaranteed exposure, along with SBA's own requirements of the borrower, ensure that few high-risk loans are made. Substantial collateral is required of the borrower; the SBA guarantee is not a substitute for collateral. Because start-up businesses are considered by both bankers and SBA to be inherently risky, owners of start-ups should not expect a guarantee or a loan without a solid business plan that meets bank and SBA requirements.
Another major SBA program is the Certified Development Corporation (Section 504) program in which SBA loans are made through local entities called Certified Development Corporations working in conjunction with banks. While the guaranteed loan program can finance both working capital and fixed assets, 504 loans are for fixed assets only. Accordingly, the terms are typically much longer, up to 20 years. Additionally, the interest rate on the CDC loan is fixed rather than variable, normally an advantage to the borrower.

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Assuring the Availability of Suitable Sites with Adequate Infrastructure

New economic activity cannot be attracted to a community unless suitable potential sites are available. Such sites must generally be located with ready access to transportation systems, power, water and wastewater treatment, and in some cases, access to fire protection services. Beyond these basics, a site will be more attractive ifit is of a suitable size to accommodate the prospect Highly desirable industrial land may be passed over by prospects ifit is fragmented by multiple ownerships, since dealing with many property owners makes land acquisition more time consuming and expensive. The following sections discuss ways of providing the higher levels of infrastructure required by industrial and commericial businesses and ways of consolidating landownership to simplify its development.

City Business Improvement Districts (CBIDs) and Other Special Tax Districts - The Georgia Constitution authorizes local governments to create special tax districts to provide "local government services" within such districts (Article 9, Section 2, Paragraph 6). In addition, state law provides for the establishment of tax districts to meet some of the special needs of both downtowns and outlying commerciaV office centers. The City Business Improvement District Act, enacted in 1981, allows the creation of tax districts for "supplemental services" such as advertising, promotion, sanitation, security, and business recruitment and development. Designed for improvement of downtown management programs, the CBID. provides downtown development authorities with a potential revenue source for its programs. CIBDs are different than Community Improvement Districts (CIDS), which are designed to pay for infrastructure in rapidly urbanizing unincorporated areas. CIDs pay only for hard costs and would not cover many of the services listed above.

Tax Increment Financing - Somewhat similar in concept to a special tax district is tax increment financing (TIF). Communities can establish TIF districts under a state redevelopment law. The district is required to meet criteria for underdevelopment or urban blight, and a redevelopment plan must be formulated. Increased tax revenues generated by the redeveloped property are used to pay off bonds issued for infrastructure improvements

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in the TIF district This method has not, to date, been used in Georgia. Atlanta, Macon, and Warner Robins have considered the use of tax increment financing but have not implemented a project
Industrial Park Development - A common development strategy for many years, the building of industrial parks has slowed as federal money for such projects has dried up. In smaller and mid-sized cities, the local industrial and business market is inadequate to attract a private developer, so industrial and business parks are commonly a partnership between city, county, local banks, and builders.
Some communities have built speculative 'shell' buildings as a way to attract the attention of those industrial prospects looking for readily available buildings. The shells are designed so that they may be finished or expanded to the prospect's needs in a relatively short time. (While this strategy may indeed improve the community;s competitiveness, it bears very significant short-term costs and risks. Failure to attract buyers or tenants as projected can leave a local government and its taxpayers responsible for large interest payments for an indefmite period. It is a strategy that should not be undertaken until all of the other parts of a comprehensive, unified, well-designed economic development program are in place and working.)

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Chapter Three: Tools for Managing Natural and Historic Resources
This chapter is divided into two main parts. The frrst is entitled Natural Resource Management Tools and the second, which begins on page 39, is entitled Historic Preservation Tools.
Part One: Natural Resource Management Tools
Many natural resources are vulnerable to the activities of man. While the optimum way to reduce potential negative impacts from such activities is to prohibit development, this is rarely a realistic possibility. Economic issues and the rights of property owners to use their land must be taken into consideration. However, since air and water quality have a direct impact on the public health and welfare, many of the controls on these natural resources are regulatory in nature. The intensity of regulatory restrictions placed on land and natural resources should be considered in light of the following factors:
the level of vulnerability of the resource;
the rarity or innate beauty of the resource, and/or its importance to preserving unusual ecosystems;
the economic potential of the resource as part of future recreation or tourism strategies;
the community's attitude toward the resource and its implications for the public health, safety and welfare;
the extent to which the impact of development on the resource will be irreversible.

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The next two headings cover general types of land use regulations as applied specifically to natural resource preservation, and the following secth.ms discuss water quality, air quality and scenic resources.
Subdivision Regulations - Many communities have no zoning, but the minimum lot sizes established in their subdivision regulations and the associated plat review process exert some control on the density and quality of development A more detailed discussion of the subdivision process is included in Chapter Six. However, this tool is mentioned here because restricting the subdivision of land can be used as regulatory method of preventing urban sprawl, preserving open space and maximizing the efficiency of service delivery. With clear public policies in place, subdivision requests may be denied in areas with inadequate infrastructure or severe environmental constraints, or in areas that are remote from urban centers. Such policies should be supported by an infrastructure extension map that has been adopted by the local government or the local utility authority. Defining areas that are not yet ripe for development as a basis for rejecting subdivision requests will minimize legal challenges to this technique. Further legal support can be gained by explaining the rationale for the restrictions in a community's comprehensive plan.
Environmental Zoning - Overlay zoning, which is discussed in Chapter Six of this guidebook as it applies to general development issues, involves the creation of special zones, with a set of additional restrictions, which may partially or completely overlay one or more previously established land use zones. Development within the area of overlap is subject to the regulations established for each particular zone.
Environmental overlay zones are often imposed to protect environmentally sensitive areas, areas of aesthetic appeal, or areas where development is unwise due to natural limitations. Areas protected in this way include floodplains, wetlands, habitats of rare or endangered species and areas of severe slope. Scenic overlay zones may be applied to shorelands, mountain ridges, stream banks, traditional farm landscapes or rural roads, particularly pleasing vistas and archeological sites.

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Development within overlay zones is administered through a special pennit and site review process, which is generally more stringent than the process established for other zones. If .. a community wishes to use this tool, it should make sure that the administrative review system is well organized and integrated with other pennitting and regulatory systems in place. It is also important that the planners, building inspectors, planning commission or other personnel performing the review are well-trained and competent
Traditionally, communities add overlay districts to their conventional zoning ordinances; however, environmentally sensitive review zones could be instituted without resorting to jurisdiction-wide zoning. For example, a community might zone only river corridors and 100-year floodplains under a special ordinance.
Increasingly, there is a change toward performance controls (page 73) in managing sensitive lands. Under an ordinance based solely on performance standards, development in environmentally sensitive areas would be permissible as long as it did not interfere with the natural processes. For instance, vacation home communities in scenic areas often impose ordinances that strictly control site clearing, water runoff, and the amount of impervious surfaces such as driveways. 1
Protecting Water Quality
Many communities will wish to include policies or define actions in their comprehensive plans that addiess local water quality. A community's domestic water supply may be derived from either surface water (lakes and streams) or from groundwater (wells). Surface water quality is important, not only for drinking, but also for recreational uses such as swimming and fishing and for the health of wildlife. Water quality issues are also complicated by the fact that activities of a

1

Stonnwater runoff is often altered by development, both during and after construction.

Municipalities can evaluate the effects that new development is likely to have, using the HYDROS computer model

described in the U.S. Soil Conservation Service'sNational Engineering Handbook. The model evaluates the effects

of a 25-year stonn event Conditions can be varied to reflect pre-development and post-development conditions, and

a variety of mitigation measures, such as retention and detention ponds, can be factored in.

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single community (or even an individual industrial user) can potentially affect downstream users, or pollute a regional groundwater supply.
Among the most complex natural features that can affect the quantity and quality of our water supply are groundwater recharge areas, wetlands, stream banks, and floodplains. All of these vulnerable features must be be given adequate protection in order to assure good local water quality. In addition, water concerns are often related to the varying capacities of soils to sustain development. For example, sand dune ecologies protect islands from being washed away by wave action. Natmal vegetation is also critical to preserving water quality because it slows runoff after rains, preventing erosion and loss of fertile top soil, and at the same time, protecting streams and rivers from damaging sedimentation. The following sections address a number of key tools for communities committed to protecting local water resources.
Wetlands, Watersheds and Groundwater Recharge Areas - The Georgia Depanment of Natural Resources (DNR) has established a set of standards for the protection of wetlands, water supply watersheds and groundwater recharge areas. These standards are addressed in another guidebook entitled, How to Address 'The Environmental Planning Criteria" in Your Local Plan. Local governments may wish to refer to this publication for more detailed information.
Water supply watersheds are defined as drainage basins that are directly upstream of a governmentally-owned public drinking water supply intake. In establishing these standards, DNR has divided watersheds into two categories: (1) large watersheds, which have 100 or more square miles of land within the drainage basin upstream of the water supply intake; and (2) small drainage basins, which have less than 100 square miles of land upstream of the water supply intake. Within a seven mile radius of public water intakes, some land uses are restricted in order to protect water quality. Requirements in these two types of watersheds vary, but both involve minimum setbacks and undisturbed vegetative buffers and along some streams and rivers. The criteria for small water supply watersheds also set a limit on the total percentage of impervious surface area that can be constructed throughout the watershed.

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Groundwater recharge areas are places where rain water and surface runoff are most likely to seep back into underground storage areas called aquifers. DNR has divided groundwater recharge areas into levels of vulnerability and developed appropriate development standards based on the potential risk of runoff from various land uses polluting underlying groundwater. Within these recharge areas, minimum lot sizes are specified to control overall density, landfills must have special liners and chemical storage tanks and toxic waste facilities are required to have special containment features. Some controls are also placed on agricultural wastes. Groundwater recharge areas judged to be of medium to low susceptibility to contamination have somewhat less restrictive criteria with regard to agricultural waste impoundment areas.
It is well established that wetlands serve a variety of important ecological functions and that their protection is imperative. These functions include: (1) the removal of waste and sediment from surface water; (2) serving as storage areas for flood waters; (3) serving as reservoirs for groundwater recharge; (4) acting as habitats for many plant and animal species, including some commercially important species; and (5) serving as recreation areas. The federal government protects wetlands through Section 404 of the Clean Water Act, administered jointly by the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA). Developers who contemplate construction in a wetland must often go through a permitting process for dredge and fill administered by the Corps and the EPA prior to the beginning of construction. The State of Georgia offers additional protection to coastal marshlands through its Coastal Marshlands Act. Many local communities have established additional regulations.
It should be noted that not all wetlands are protected by Section 404 and that some land uses are exempted from the permitting process of 404. These exemptions include normal farming activities, such as plowing, seeding and harvesting, and ongoing timber operations. In addition, 36 activities which have been ruled to have minimal impact on wetlands have been exempted through the issuance of "Nationwide Permits," including a general permit for activities in wetlands under ten acres in size which are isolated from other water bodies. It should be noted that conversion of a wetland to new farmland is no longer exempted.

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The determination of wetland boundaries is a difficult issue and a major contributor to delay in the permitting process. The presence of wetlands on a particular parcel may, in a general . way, be indicated by refering to National Wetland Inventory Maps, U.S. Geological Survey Maps, or County Soils maps. However, site inspection by a competent authority is necessary to detennine, with reasonable certainty, whether wetlands are present on a particular parcel. A determination of the presence of wetlands must be made by the regional Corps office. A preliminary determination, by a qualified consultant acceptable to the Corps, can greatly speed this process. A list of qualified consultants is obtainable from the regional Corps office.
Erosion and Sedimentation Control - All construction entails a certain amount of cut and fill of the existing landscape. Uncontrolled and unmitigated excavation can lead to severe erosion, altered drainage, increased runoff, and increased levels of sedimentation downstream. Poor development practices can significantly affect a community's water quality or that of its downstream neighbors. In Georgia, a statewide comprehensive soil erosion and sediment control program was established by the Erosion and Sedimentation Act of 1975. The Act authorizes each county and municipality to establish ordinances governing land-disturbing activities within their botlndaries. These activities include clearing, dredging, grading, excavating, transporting, and filling of land. In jurisdictions that do not establish a local ordinance, a series of State rules and regulations for erosion and sediment control are in force. These rules and regulations include a number of minimum standards that must be met, including:
(1) Development activities, such as removal of vegetation, excavation, and grading, shall be conducted in a manner that minimizes erosion; ,
(2) Cut and fill operations must be kept to .a minimum;
(3) Development plans must conform to topography and soil type;
(4) Whenever feasible, previously existing vegetation must be retained;
(5) Duration of exposure of disturbed areas shall be kept to a minimum;
(6) Disturbed soils shall be stabilized as quickly as practicable;

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0) Exposed critical areas shall be protected by temporary vegetation or mulching; (8) Permanent vegetation and erosion control structures shall be installed as quickly
as practicable;
(9) Sediment in runoff must be trapped by the use of silt traps, retention ponds, or similar measures;
(10) Adequate measures must be taken to minimize damage from surface water to adjacent properties;
(11) Cut and fill may not threaten adjacent property; (12) Fill may not encroach on existing waterways; and (13) Grading equipment must cross existing waterways by the use of culverts or
bridges.
The Act also identifies a number of exempted activities. These include surface mining operations and quarrying, construction of single-family residences when the owners of the property are constructing the house for their own use, pasturing or livestock and poultry management, projects of the Department of Transportation (DOT), public utility projects, and any project involving less than 1.1 acres.
DNR does not have the manpower to routinely inspect the large number of development sites throughout the state. While spot insp~tions do occur, the department relies heavily on notification of violations from private citizens or local governments in areas without local land development regulations in force. In areas where topography or soil conditions create erosion and sedimentation problems, local governments may wish to consider the need for local regulations as part of their comprehensive planning processes.
Generally, where such local environmental ordinances are in place, submittal of a plan for grading and erosion control both during construction and upon project completion must be submitted along with the preliminary plat required for subdivision or development approval. The developer is not allowed to begin clearing or grading the project site until a

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ground disturbance permit based on this grading plan is issued. To ensure that the plan is followed as approv~ the local building inspector can issue a stop-work permit if the developer fails to carry out the grading plan during construction. The ordinance may require a final inspection for soil stabilization before occupancy permits are granted.
The developer should design the grading plan so that removal of vegetation and alteration of natural contours and drainage are minimized. For large projects, it is generally wise to phase grading and excavation so that the amount of landscape laid bare at a particular time is minimized. Efforts should be made to control the rate of runoff. Runoff can be minimized by construction of retention and detention ponds, which act as storage facilities during. storm events. Ponds can be retained in the final design as attractive site features. Developers can also be required to provide protection against erosion in drainage swales, either by inclusion of various kinds of grass or by lining the swale with riprap. Appropriately placed sediment fences can also minimize erosion during construction and should be required prior to approval of a project.
Managing Development in Floodplains- Approximately 90 percent of the losses suffered from natural disasters are caused by floods. Regulation of development within floodplains is, therefore, of primary concern to government at the federal, state, and local levels. The development of local floodplain regulations has been greatly encouraged by the Federal Flood Insurance Program (FFIP), which subsidizes flood insurance. Local governments are required to adopt floodplain regulations in order for development projects within their jurisdictions to be eligible or federal insurance. Usually banks will not lend money on projects within the 100-year floodplain unless the builder has FFIP insurance. Guidelines for these local regulations are administered by the Federal Emergency Management Agency (FEMA). Although there have been a number of challenges to these to local floodplain ordinances and to the federal insurance program, the courts have consistently upheld the legality of limiting development within floodplains. Generally, the courts have weighed the rights of the landowner against the public interest in spreading flood losses through insurance. Local regulations severely limit the type and density of development within the floodplain. Permitted uses generally include agriculture, as well as parking and recreational uses. These regulations may make a distinction between the

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floodway, the area directly adjacent to the stream channel and subject to strong currents during floods, and the flood fringe, an area within the limit of the 100-year flood but outside the floodway. Some structures are allowed within the flood fringe if they are elevated above the height of the 100-year flood.
Septic Tank Regulation and Inspection - Soils vary widely in their ability to accommodate waste from septic systems. Limiting factors include porosity, mineral content, depth, and underlying geology. In areas where soils lacks the permeability to absorb waste, septic tank effluent can run along the surface of the ground and fmd its way into surface water. On the other hand, porous soil overlying fractured rock layers can allow untreated effluent to seep into groundwater recharge areas and pollute well water some distance from the point of entry. The more growth a community anticipates, the more important it is to examine public policies regarding wastewater treatment Centralized sewer or smaller neighborhood treatment plants should be considered as alternatives to septic tanks in areas expecting high density development.

Appropriate regulation and careful ongoing inspection of sewer systems is necessary to ensure that the systems are properly installed and utilized. In the state of Georgia, septic tank installation and inspection is governed by the Georgia State Plumbing Code, which establishes a two-tiered system of review and requires that a permit for construction be obtained from a county's Board of Health (which oversees the County Health Department). Large projects, including commercial, industrial, travel trailer or mobile home parks, subdivisions or multiple family dwellings of five or more family units, must have plans, specifications, soil data and percolation tests signed by a registered professional engineer. Smaller projects may be approved when plans, specifications, soil data, and percolation tests are submitted by a person who the Board of Health considers knowledgeable of individual sewage system design and percolation tests. The septic system may not be covered with soil until the Board of Health has inspected it.
Centralized Sewage Treatment and Waste Discharge- The Clean Water Act of 1977, also known as the Federal Water Pollution Control Act, established a set of effluent standards which must be met by dischargers of waste into the nation's waterways.

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Standards have been set for organic material, suspended solids, bacteria, pH and toxic pollutants. Dischargers of these wastes must acquire a discharge permit from the U.S. Environmental Protection Agency (EPA) or a state agency approved by the EPA. In Georgia, pennits are issued by the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources (DNR). General criteria for all waters have been established, and include prohibitions of discharge which:
(1) Settles to fonn sludge deposits that become putrescent, unsightly or otherwise objectionable;
(2) Includes floating debris which is unsightly or interferes with legitimate water uses;
(3) Produces turbidity, color or odor which interferes with legitimate water uses; and,
(4) Includes toxic, corrosive, acidic, or caustic substances discharged in sufficient amounts or concentrations to present a danger to humans, animals or vegetation.
Three types of pennit are issued: National Pollution Discharge Elimination System pennits for point-source pollution, Land Application System permits for discharge of wastewater to a land treatment system, and Pretreatment permits for discharge of industrial effluent to publicly-owned treatment facilities.
As with soil and sedimentation and wetland disturbance violations, DNR relies heavily on complaints from local governments or private citizens to supplement routine water quality inspections. Within the EPD, concerns about drinking water safety should be addressed to the Drinking Water Section. Citizens or local governments concerned with water quality in wells or surface water may contact this office to have their water tested. Concerns about contamination smface water from sewage or other types of point source releases should be addressed to the Water Protection Section.

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Assuring Air Quality
Air quality standards have been established at both the federal and state levels. Standards set at the state level are met when air quality is in compliance with the standards set by the U.S. Environmental Protection Agency (EPA). Although many other substances can pollute, ambient air quality standards have been established for only seven types of air pollutants -- the most common and those that have the most widespread potential to affect public health. These are carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter and sulfur dioxide.
These standards have been set for one hour, eight hours, and twenty-four hours. Under the Oean Air Act, these standards are not permitted to be violated more than once a year. However, violation of the standards, particularly for ozone, is common in larger metropolitan areas and is a source of considerable environmental concern.
Presently, a thirteen county region of Georgia, which includes metropolitan Atlanta, does not meet the National Ambient Air Quality Standards (NAAQS) for ozone, as stipulated by EPA. The region is required to meet these standards by 1999 and must demonstrate that programs are being instituted to meet this goal. These interim requirements include enhanced automobile inspection and emissions testing to be established during 1993. New industries which have the potential for producing ozone may not be allowed to locate in the region, unless they can negotiate with established industries to reduce the amount of ozone pollution they currently emit. If the NAAQS for ozone are not met by 1999, EPA is empowered to withhold federal highway funds from the state. However, this is a matter of discretion for EPA, which may elect to give the state an extension of the deadline if the state can demonstrate good faith in addressing the problem.
Under state law, a facility that generates air-born contaminants must obtain an Air Quality permit prior to construction or modification of the facility. Emission standards have been established for a variety of contaminants, including, but not limited to asbestos, fluorides, hydrogen sulfide, mercury and oxides of nitrogen.

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Industries are required to install, maintain and use emission monitoring devices and sample specific emissions. The state maintains the right to conduct periodic, unannounced inspection of sites to evaluate compliance with air quality requirements.
Local governments generally hire private consulting finns to monitor air quality. This activity typically involves collecting air samples to establish base levels of pollutants and then periodic checks over a year or more to analyze variations and narrow down point sources. Since air quality monitoring is highly technical and labor intensive, it can be relatively expensive. Local governments in Georgia with serious concerns about air quality may also seek assistance from the Georgia Institute ofTechnology, which will perform air quality studies at the request of local governments at a lower rate than for private clients.

Managing and Preserving Scenic Resources and Open Space
Many natural parts of Georgia can be categorized both as scenic resources and as environmentally sensitive areas. Typically, marshy areas, stream and river conidors, dunes, coast lines and mountainous areas are both beautiful and somewhat fragile or difficult to develop. Even if a parcel of land is perfectly suitable for development, a community may decide that it should be maintained as natural open space or used as a passive park, greenbelt or trail because of its proximity to other kinds of development, its ability to serve as a pedestrian or bike route, its potential tie-ins with a recreation master plan or (in urban areas) simply because it is the only open space available for preservation. The following section describes methods of providing various levels of protection and public access to scenic or rural resources. The appropriate method to use will depend on the nature of the resource, how critical the community feels it is to preserve or manage, how much the public will use it, and the financial resources and administrative capabilities of the community. The section ends with some financing techniques that are typically used for recreation and natural resource protection. Additional financing mechanisms that might also be used for open space, park and recreation projects are found in Chapter Four.

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Nomination as a Regionally Important Resource (RIR) - The Georgia Planning Act of 1989 calls for the Deparonent of Community Affairs (DCA) to develop planning procedures with respect to regionally important resources (RIRs). RIRs are defmed as natural or historic resources that have mappable boundaries extending beyond a single government's jurisdiction or have value to a broader public constituency and that are vulnerable to the actions and activities of man. Potential RIRs have been nominated by the eighteen regional development centers and submitted to the Board of Community Affairs, which will formally designate RIRs and authorize the preparation of a resource management strategy for each one. A resource management strategy is a set of policies and practices designed to manage and protect each individual resource. Once designated, RIRs will be incorporated into local plans, and any actions potentially affecting an RIR will be submitted by the local government for RDC review.
Conservation of Agricultural Lands and Woodlands- A common problem faced by many communities is how to preserve the productive agricultural lands and woodlands especially those lying adjacent to their urban fringe when there are strong economic incentives for their conversion to urban land uses. Placing these areas in an agricultural or estate-residential, low density zoning district may slow such conversions, but unless zoning restrictions are backed by an enforceable public policy limiting the extension of infrastructure such as roads and sewer in these fringe areas, a local government will usually face substantial day-to-day pressure from developers and landowners to rezone agricultural or timber land to more intensive uses.
Establishment of agricultural districts is one approach to the problem, especially where property values are increasing and rising property taxes are threatening to drive out farmers. In most states, agriculture districts are legally recognized geographic areas whose formation is initiated by farmers in the district approved by a government agency (Mandelker, 1990). No agricultural districts have been formed in Georgia to date. Generally, the districts are created for a fixed and renewable time period and taxes within the district are based on the value of the l~d for agricultural production rather than rising with the valuation of surrounding subdivisions or commercial lands.

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{~:.:~::~

In 1991, the State of Georgia passed The Conservation Use Assessment and Timber

...... ,~:.-

Taxation Act, encouraging preservation of forestry, agricultural land use, and

environmentally sensitive lands. The law provides for land to be taxed on the basis of its

current land use instead of a fair market value assessment This assessment is limited to

family-owned fann corporations, thereby disqualifying large timber companies, and

owners must covenant to keep their land in its current use for ten years. The land must also

be devoted to commercial production of agricultural products or timber, and for

environmentally sensitive lands, the land must be maintained in its natural condition. The

maximum allowed acreage per taxpayer is 2000 acres. Standing timber is exempt from ad

valorem taxation until it is harvested encouraging landowners to let their trees mature for as

long as possible.

Defining Urban Service Boundaries - Urban service boundaries have been used in other states to preserve rural landscapes, protect open space and promote more compact urban development. It involves setting limits on variJus kinds of infrastructure extensions and is described more fully in Chapter Four.

Land Acquisition - Outright public ownership of environmentally sensitive land or scenic resources is the most secure way to protect or manage it; however, in most cases, buying land is the most expensive alternative. Most local governments do not have the funds to acquire all the land they would like to see protected. This section discusses several methods of acquiring land. The following section will deal with some other ways to preserve or provide public access to scenic areas. Methods of reserving or obtaining land for public pwposes are discussed in Chapter Four under the topics of Land Banking, Official Mapping and Condemnation. This section of the guidebook covers some techniques and methods of land acquisition and/or control that are particularly applicable to protecting environmentally significant or scenic resources.

Partnerships with Land Trusts and Conservancies - Public agencies involved in acquiring or otherwise protecting important natural areas and recreational corridors (greenways) can find invaluable assistance from non-profit organizations known as land

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trusts. Two well-known conservancies that have helped to preserve scenic resources in Georgia are The Trust for Public Land and The Nature Conservancy.
Conservancies have as their mission the protection of sensitive lands by acquisition or by legal protection through easements or similar agreements. They often work with governmental agencies to protect specific sites, acting in many cases as extensions of agency staff. Governmental agencies are often handicapped in acquiring property or easements because they typically cannot move quickly to take advantage of opportunities. In addition, landowners are often more comfortable dealing with private organizations. Local conservancies may also be formed, and this may be appropriate if private donations and public support are available at a scale that would justify the paperwork.
Not all of the properties managed by the Resolution Trust Corporation (RTC) are houses (page 60). Some may be undeveloped areas with potential for recreation or open space preservation. The RTC is currently involved in disposing of these properties. As a result, lands that were previously prohibitively expensive can now be acquired by municipalities at a fraction of their true worth. Land trusts have been instrumental in helping to secure many of these properties across the country.
Encouraging Private Donations - In addition to the satisfaction of being a public
a benefactor, there are number of tax advantages to donating property or easements for
public pmposes. A local government will be more successful at soliciting private land donations if it makes information on tax credits and estate planning available to the public. For example, a property owner might wish to maintain a life estate in his property, that is the right to exclusive use and control of the land until his death -- or might even grant an estate to his family for the lifetime of his surviving children -- after which it would become part of a trail system. Or he might wish to create a private trust that would allow his heirs to own the property jointly, permit the public some use of the land and prevent his estate from paying taxes on the property. Numerous options should be explored with potential land donors to make potential land contributions more attractive.

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Lease-Purchase Agreements - A lease-purchase agreement allows a local government to tie up land without a large capital outlay and assure that it will not be sold to someone else at the end of the lease period. This technique is suitable for recreation sites because seeming the land should make it safe to build amenities such as tennis courts or picnic grounds during the lease period. The lease should specify acceptable alterations to the property. It may be a particularly good option if the local government expects loc~ land prices to rise dramatically over the term of the lease.
Option to Purchase and Right-of-First-Refusal - A purchase option is an agreement whereby one pany pays a sum of money for the right to purchase a property any time during the life of the option, usually at a prearranged price. It allows a local government to lock in a purchase price without actually committing itself to buy the property. An option should not involve paying a great deal of money, since it grants no rights to use the land until it is purchased. A right-of-first-refusal does not lock in a sales price and often has no termination date. If and when a valid contract to purchase property is offered by a third pany, the holder of a right-of-first-refusal has the right to match the offer at the same price and terms, or refuse to do so and allow the other transaction to proceed. Because this mechanism does not tie up his property or prevent other sales, the landowner should be willing to grant a right-of-first-refusal for very little money. The disadvantage to the holder is that he may have only a short time to make a decision (sometimes as little as 24 hours) and arrange financing.
Purchase and Resale with Restrictions or Leaseback - These techniques may be useful in developing greenbelts or preserving scenic areas or farm land. Several variations are possible. A local government or non-profit might buy only a fee interest, in which case the owner would still own an interest in the property and have the use of it, but the fee interest holder would own some of the development rights (or the right to prohibit certain kinds of development). A local government might purchase the land outright and then resell it, either to the original owner or to someone else, attaching deed restrictions that would limit the types of activities or developments that could occur on the property or permitting some form of public access to the property. Or, if the local government has some long-range plan for active public use of the land, it might purchase the parcel and

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lease it to pay some or all of the debt service on the purchase until money is available to complete its own development plans.
Conservation, Open Space or Scenic Easements - An easement is a right to use the real property of others in a certain legally defmed way. A typical use of an easement would be a utility right-of-way for a power line across private property. The power company may acquire from the owner the right to place and maintain its transmission line on his property. The land retains all other property rights and essentially continues to own the land. Acquiring an easement costs less than acquiring simple title to property and may be the best course of action, where the public interest is adequately served by the easement
In the South, the Blue Ridge Parkway is an outstanding example of the use of conservation easements. Many of the picturesque farms seen along the parkway are cultivated and maintained under easements negotiated by the National Park Service as long ago as the 1930s. Georgia law specifically authorizes the use of conservation easements to preserve natural and scenic resources under the Uniform Conservation Easement Act.

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Implementation Tools/or Comprehensive Planning
Part Two: Historic Preservation Tools

Since a great deal of infonnation on historic preservation techniques is published by the Department of Natural Resources as well as various non-profit preservation organizations, this guidebook presents only a brief summary of the major preservation tools available. Other valuable publications that deal with preservation of historic assets are listed in the appendix.
In addition to the quality of life a community can reap by preserving historic resources, heritage tourism (attracting tourism based on historic resources) can provide substantial benefits to a local economies. Georgia counties are becoming increasingly aware of their historical resources as potential economic assets. Lincoln County surveyed its historic resources with an eye towards promoting heritage tourism and Fannin County recently commissioned a study of ways to develop its tourism based on natural and historic resources.
Surveying Historic Resources - Before a community can preserve and manage its historic structures, it must identify them. Often, ordinary, unimposing buildings have unique historical features or significance. Identifying historic assets is usually done through a historic survey process. The Office of Historic Preservation can provide technical and financial assistance, and regional development centers often employ a historic preservation planner that can help a community get started on a survey. Survey grants, although in very limited supply due to funding constraints, are available through the Office of Historic Preservation.
Surveys are exacting tasks requiring some specialized knowledge. Before hiring a preservation consultant or recruiting local volunteers, it is important to defme the scope and scale of the project being undertaken. A community with limited resources may want to focus first on known concentrations of historic buildings and/or local landmarks and complete the survey in defined segments.
National Register Nominations - The National Register of Historic Places is the nation's official list of historic buildings, structures, sites, objects and districts worthy of

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preservation. The list is maintained by the U. S. Department of the Interior with the assistance of the states. In Georgia, the Historic Preservation Section of the Department of . Natural Resources (Office of Historic Preservation) administers the National Register program.
The primary value of National Register listing is the recognition that it gains for a historic property. This adds real economic value to tens of thousands of properties nationwide. It also makes the owners of the property eligible for federal tax credits for rehabilitation work which meets certain standards. It is important for participants in the comprehensive planning process to understand that National Register listing does not limit the use of property or encourage public acquisition of or access to property. It does not zone properties or dictate the types of changes to buildings or their sites. It does not prevent a building from being demolished. It does, however, make it more likely to qualify for historic preservation grants. Federally funded projects such as highways must include an impact study before disturbing National Register properties, but such a study is not required for local actions affecting them. More substantial protection of historic resource or district is only possible through a local preservation ordinance.
Forming a Local Historic Preservation Commission or Board - The Georgia Historic Preservation Act of 1980 provides a minimum framework for the establishment of local preservation programs. Specifically, it details the provisions necessary for adopting a local preservation ordinance and establishing a preservation review commission.
Historic preservation ordinances usually call for the creation of a voluntary historic preservation commission or board whose primary task is to administer the ordinance. Members may be professionals (historians, architects, and planners) or nonprofessional. Some of the responsibilities a board assumes include surveying and identifying historically and architecturally significant structures and areas; designating and protecting landmarks and their surroundings and landmark districts; and reviewing applications for Certificates of Appropriateness to alter, construct, or demolish landmark buildings and all structures within a historic district.

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Local Historic Preservation Ordinances -Historic preservation ordinances are usually designed to work in conjunction with conventional zoning but may be used even without it. They may be implemented jurisdiction-wide, but are typically implemented as overlay districts that cut across several different pre-existing zoning districts requiring special architectural controls and review processes. Preservation ordinances are adopted for the purpose of maintaining an area's traditional character. In an overlay zone, the uses and densities of the underlying zone are generally permitted, but infill development is required to be built or maintained to conform with the historic character of the area. Typically, appropriate building materials, roof treatment, facade proportions, porch and entry design and signage are specified. Also, special review procedures are usually required to demolish or renovate an existing structure in a historic district.
Historic Preservation Districts and Conservation Districts - Historic districts are usually defined in a historic preservation ordinance. Generally, such districts are also placed on the National Register of Historic Places. Consultants are sometimes hired to define appropriate district boundaries, which may differ slightly from those submitted for National Register Nomination. In order to ensure maXimum eligibility for preservation grants, it is important to draw boundaries to exclude as many non-historic buildings as possible. Areas surrounding or adjacent to preservation districts may be locally designated at conservation districts. In many cases these areas are too large, or have to many modem 'intrusions' to be subjected to the same level of design review required in a preservation district; however, it may still be important to develop design guidelines for compatible infill development or to create incentive programs to rehabilitate historic structures in these areas. Revitalizing potential conservation areas may provide opportunities for developing affordable housing. In some cases, improving the surrounding environs can be critical to the economic success of a local historic district.
Facade Loan and Grant Programs - Many cities in Georgia and the nation have set up small incentive programs to encourage property owners to improve ~e appearance of their buildings. This is often done in conjunction with a rejuvenation of public spaces. The idea is to enhance the appearance of the whole urban space. As a condition of paying part of the costs of the improvements or providing a low-interest loan, the public agency is able to

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_.--,\
(r;- - J

$50,000 and are often much smaller. Local governments or other entities providing a

facade grant may or may not require the property owner to give them a facade easement to

insme that the building front will be improved as agreed and not altered inappropriately at a

later date. Some facade grants are provided or administered by DDAs (page 11) or Main

Street Programs.

Adaptive Use of Buildings by Public Agencies- Older buildings can often be converted to new uses. In downtown areas and residential neighborhoods, this strategy can be used to reduce vacancies while preserving architectural character. Renovation can also be used in old downtowns to increase foot traffic. Neighborhood or downtown renovation is most often accomplished by numerous small investments and commitments from its tenants, both public and private. There are advantages to privatization of these renovated properties, as opposed to public acquisition, including keeping the privately owned buildings on the tax rolls. However, the opportunity for acquisition of affordable space is an inducement to renovate and convert older buildings to office space for county or city government Expansion of county and city offices is common. An example is Tift County's reuse of an old school and Tifton's reuse of part of an old hotel. Post offices, libraries and schools are often among the supply of older buildings available for reuse.

Survey and planning grants from the Office of Historic Preservation may be useful in adapting historic resources for public purposes. Preliminary design work for buildings listed on the National Register of Historic Places may be funded in part by these grants. This fund is greatly restricted at the present time due to budget constraints, but is nevertheless a source to explore. A variety of predevelopment activities such as historic structure reports, feasibility studies, and plans and specifications are eligible. A 50 percent match is required, but matching funds can include indirect costs and donated labor and materials, as well as cash.

In the past two years funds have been restricted to Certified Local Governments (CLGs), of which there are over 30 in the state. To become a CLG, a local government must enact a

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historic preservation ordinance and appoint a Historic PreseiVation Commission. Though most are municipal governments, there are three county CLGs.
A possible source of assistance for preliminary planning and design is the PreseiVation Services Fund (PSF), a grant program of the National Trust for Historic PreseiVation. Projects must be in an early stage, before the 'brick-and-mortar' work begins. Thus, the development of conceptual plans and cost estimates would be eligible, but the preparation offinal plans and specifications would not
The PSF fund for the Southeastern U.S. is administered by the Charleston, South Carolina office of the National Trust. Grant amounts are typically in the $1,000- $2,000 range, although grants as high as $5,000 are possible. An equal matching amount is required. Cash matches are considered to be a strong sign of local commitment, but in-kind matches such as donated services and supplies are considered as well. The PSF application is simple and is accepted three times annually, with deadlines of February 1, June 1, and October 1. The National Trust usually makes funding decisions within six weeks.
Historic Preservation Tax Credits - Historic preseiVation tax credits are available for substantial rehabilitation of certified historic structures. Eligible properties must be income-producing rather than owner-occupied residential structures. The rehabilitation work must also be certified as meeting the Secretary of the Interior's Standards for Rehabilitation. In effect, the federal government pays for 20 percent of the rehabilitation costs.
Georgia is one of the nation's largest users of the preseiVation tax credits, which have been used in a wide variety of projects in towns of all sizes. For example, a private owner renovated the old Landmark Hotel, Dalton, Georgia's only ltaliannate style 'sky-scraper,' built in the 1920s, using preseiVation tax credits. The six-story building now houses professional offices, government seiVices and a fine-dining restaurant. Since the building was restored, the adjacent historic Depot has been renovated as another restaurant and grill, streetscape projects have been initiated and the entertainment district proposed in the city's

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comprehensive plan continues to take shape. For more information on preservation tax credits, contact the Office of Historic Preservation.
It is important to think of historic resources as more than just buildings. Roads, bridges, traditional agricultural areas, archeological sites, trails and various other scenic resources can also be placed in a historic context Since local governments are asked to consider scenic and rural resources in their local plans, this guidebook attempts to provide guidance on identifying and managing some of these less obvious types of community resources in the next chapter.

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Chapter Fou_r: Tools for Developing Community Facilities and Infrastructure

Strategies for Providing Capital Facilities
One of the primary responsibilities of local governments is to provide capital facilities and services to its current and future citizens. While many people think of capital facilities as buildings such as fire stations or health departments, other types of infrastructure such as roads, water lines, sewer mains, landfills and park land are also capital expenditures. The tools in this section fall into three groups -- administrative and fiscal tools for making responsible and efficient infrastructure investments, legal mechanisms for land acquisition and financing methods typically used to pay for capital improvements.

Making the Most Efficient Use of Public Funds

Land Use Planning - In order to effectively locate and size capital facilities, a community must have some way to estimate (and to some extent, control) where and when growth will occur. By putting policies and regulations in place to limit or stimulate specific types of land use in certain areas, a local government can have greater assurance that appropriate infrastructure will be planned and budgeted as new growth occurs. Land use
regulations help to assure that development will not conflict with goals set by the
community and that local government will be able to keep up with the service demands placed on it by additional population. Land use tools are covered in more depth in Chapter Six of this guidebook.

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Phased Infrastructure Extension and/or Urban Service Boundaries- An urban service boundary map (often combined with or overlain on a future land use map) may be used to define boundaries beyond which infrastructure will not be extended by a local government. Such boundaries are designed to ensure maximum utilization of lands on the fringes of urban areas, encourage cost-effective and energy-efficient growth and protect rural lands outside the boundary from urban encroachment The establishment of an urban service boundary makes certain kinds of development impractical in rural areas, lessening the threat of urban sprawl. Such boundaries give utility providers the legal support to refuse costly service extension to leap-frog development projects, assuring the most efficient use of public infrastructure dollars. Because of the above mentioned benefits, the state of Oregon has mandated the establishment of urban growth boundaries for its towns and cities.
Phased service extension can be used in combination with a service boundary or independent of it. Defining impact fee service areas is a relatively new mechanism for phasing infrastructure (page 52). However, even without using impact fees or setting impact fee service areas, a schedule for the extension of infrastructure or the designation of targeted growth areas in the comprehensive plan can provide legal support for phased infrastructure programming, and can strengthen a local government's rationale for refusing to provide infrastructure prematurely.
One of the best known municipal adherents to phased development is the City of Boulder, Colorado. The comprehensive plan designed for Boulder during the 1970s defined three growth areas. The first area, encompassing the city limits at the time of implementation, possessed a full range of services and infrastructure and was targeted for the area of shortterm growth. A second area was targeted for annexation and service extension during the 15 year life of the plan. A third area was not scheduled for annexation or service extension during the planning period. Phased extension of services has been challenged in several court cases, most notably Golden v. Ramapo Planning Board (1972), and has generally been upheld by the courts.

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Capital Improvements Program and Annual Budget (CIP) - Local governments are constantly seeking more efficient ways of using their limited financial resources. Very few communities have the financial capability of accomplishing all of the public projects and programs that are needed or desired in any given year.
A method of stretching tax dollars which is being used by more and more communities is capital improvements programming. A capital improvements program (CIP) is a multiyear plan which schedules and projects funding for physical public improvements over a given period of time, usually five to ten years. It takes into consideration local priorities and the financial capabilities of the local government. Included in the CIP is a capital budget which lists all projects to be undertaken on an annual basis throughout the planning period. Items typically included in a capital budget are major non-recurring expenses for physical improvements such as new buildings, land acquisition, new equipment, and the construction of major public facilities such as wastewater treatment plants.
A CIP serves as an important internal planning tool for the various departments within a local government. The CIP process provides local government managers with an opportunity to link their projects and programs to the goals, objectives, and policies of the local comprehensive plan.
Used in conjunction with the implementation strategy of a comprehensive plan, a CIP can provide a significant degree of control over where and when development occurs in a community. The need for more restrictive land use regulations is less urgent when serviced land, generally more appealing to cost-conscious developers, is provided. Use of this technique as a method of growth management is less controversial than many regulatory methods. CIPs can also offer an opportunity for citizens and public interest groups to participate in decision making and planning efforts. Unfortunately, CIPs have little impact on the timing of growth in areas where septic tanks and on-site water systems are used.

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Leveraging Local Government Funds with Loans and Grants

While federal and state funding is no longer available to local governments at the levels prevalent in past decades, local governments still fmd these sources an important supplement to local funding sources. To successfully achieve its goals, a local government will need to be more proactive than ever in searching out and applying for government, private sector and non-profit grants. It may be worthwhile to make sure someone assochted with a local government gets additional training in preparing grant applications. RegionL .evelopment centers are usually familiar with the ~st common planning related grant sour .~ and requirements, and in some cases they may offer assistance in preparing grant or loan applica; )OS.

Local Development Fund - The Local Development Fund (LDF), administered by the Georgia Department of Community Affairs (DCA), is a possible funding source for some community facilities projects. LDF grants are given for a broad range of plan implementation activities. For example, a historic house used as a museum or community center may be eligible. Appropriately designed streetscapes and public plazas may also be eligible. IDF funds can be used for planning and design as well as construction. Grants are not usually awarded for projects that might be deemed routine maintenance activities.
Only city and county governments may apply for LDF grants. The maximum grant amount is $10,000. (If two local governments jointly submit an application, a $15,000 limit applies.) Grant applications are accepted semiannually in the Spring and Fall. In evaluating applications, DCA looks at whether the costs of the project are well-supported and realistic and considers the local match available, the project's compatibility with local plans, and the project's feasibility. A minimum local match of 50 percent is required. Although the match may be cash or in-kind or some combination, a cash match generally makes an application more competitive.

Farmers Home Administration Programs - The Farmers Home Administration (FmHA) offers its Community Facilities Loan program as a "credit of last resort." Only rural counties with existing populations of less than 20,000 and counties unable to obtain

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financing through other sources should consider this program. The county must be able to repay the debt and pledge security for the loan. The project must comply with any existing .. plans for the community.
The agency recognizes that county governments are prohibited by law from incurring debt for more than one year. To deal with this limitation, techniques for rolling over the loan annually have been designed. Applications should be made to one of the seven district offices of FmHA in Georgia.
Facility Leasing and Turn-Key Arrangements - Before investing funds to build new facilities to house local government services or public activities, a local government should consider other alternatives. Leasing may be the best alternative if the amount or arrangement of the space needed is expected to fluctuate over time. Leasing may also provide other public benefits. For example, if a community has a high downtown vacancy rate, renting space there may be relatively inexpensive and also add street life and foot traffic in the city center. Many police departments have found it advantageous to rent precinct stations in shopping malls or existing commercial buildings. This allows them to move easily as population expands or need patterns change. A variation on leasing is a tum-key arrangement The local government enters into a long-term lease agreement with a private developer on a building not yet constructed. The developer builds the facility to the local government's specifications. The lease agreement may serve to secure construction financing from a local bank and rent paid by local government retires the debt incurred to construct the facility. The local government may also hold a purchase option (page 36) on the building at the end of the lease period. The lease agreement may allow the local government to sublease the building to other tenants and should specify who is responsible for maintenance and repairs.
Privatization of Services - Privatization is a an administrative arrangement in which a government contracts with or permits free enterprise to develop programs, produce products, deliver services or achieve objectives. The shifting of traditionally public sector activities to the private sector is a growing trend around the country -- especially in the areas of education, water and wastewater management, garbage pick-up and recycling, jail

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management, medical services and fire services. Some communities have chosen to privatize social services such as public housing, nutrition programs and elderly care. In some cases privatization can be both more efficient and cheaper than public sector service provision. Privatization can shift many financial and administrative burdens of setvice delivery off of local governments and allow them to concentrate on other important issues. However, it is important to ensure that service contractors are accountable to the public and that sufficient legal and contractual controls are maintained over the contractor to assure continuing product quality and protection of natural resources.

Legal Tools for Developing Capital Facilities

Land Banking - Land banking is the purchase of land by a local government for the purpose of controlling the timing and type of development planned for such land. Land acquisition is especially useful for implementing land use, transportation, and community facility recommendations. For instance, a city or county may purchase land to be used at a later date for public uses such as fire stations, parks, police stations, government offices, rights-of-way for streets, sidewalks, or airpoJ1s.

Official Mapping - Although official map ordinances are not a well-known planning tool, creation of such ordinances is specifically authorized under Georgia statute. Official mapping can provide an effective tool for communities facing rapid growth and investment in public facilities. This tool has traditionally been used to resetve land for public buildings and roads, but may also be useful in defining and preventing premature development in areas planned for parks, trail systems and greenbelts. An official map is a legally binding document that indicates the precise location of future streets, parks and other public facilities whose land has not yet been publicly acquired.

The official map must be adopted along with an ordinance that prohibits or restricts any further private improvements on lands that have been earmarked for public use. Property that has been publicly earmarked is resetved by the local government for later acquisition.

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The current owner retains title and possession of the land, but receives no compensation until the local government acquires the land either through outright purchase or through the . acquisition of an easement . If land that has been publicly designated cannot provide a reasonable return for the owner, a variance may be sought to minimize the adverse impact.
Because an official map indicates precisely where a community intends to purchase open space for public use or to locate future residential streets and public facilities, a map will have a direct effect upon the direction of future private development Communities that have already implemented traditional zoning or capital improvements programs should be able to effectively incorporate official mapping into their list of planning implementation tools and techniques.
Legal and technical expertise is crucial in the early stages of preparing an official map ordinance. Local governments should be cautious when implementing an official map ordinance. Two primary legal issues must be addressed-- avoiding a 'taking' and assuring map accmacy. A complete ban on all uses on a parcel of land may be interpreted by the courts as a taking, which would require compensation. For example, an official map ordinance that allows vacant land proposed for a future park to be used in limited ways (for farming, hunting, grazing or other such activities) but forbids the issuance of a building permit on the parcel would not be considered a taking because it would not deprive the owner of all economic benefits. Precise drafting of the designated property boundaries and building lines is also critical to the legality of the map and usefulness of the ordinance. Thus, considerable costs may be incurred in developing an accurate base map needed for the ordinance.
Condemnation of Land - Local governments may also acquire property by the use of eminent domain, whereby landowners whose property is acquired receive just compensation. This is a very powerful but usually controversial method of acquiring land. Land is not usually condemned unless the owner refuses to sell it. Upon condemnation the courts determine a fair market value for the property, which may often be a lower price than the owner would be willing to accept voluntarily. Condemnation may be the only method of obtaining land for a controversial project such as a reservoir or landftll. In blighted

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urban areas, landownership may be so fragmented that it inhibits positive redevelopment because dealing with many small landowners creates uncertainty and additional cost to a private developer. A local government may want to establish a public/private partnership whereby it condemns and assembles a tract that can then be sold to a private developer who agrees to build a project consistent with the local governments planning goals. For example, vacant, decaying buildings might be revitalized as senior housing or an in-town mixed use development.

Capital Facility Financing Mechanisms

User Fees - User fees are fees charged by local governments for services or the use of public facilities. The most common user fees are monthly bills for water and wastewater treatment, recreation fees, garbage collection fees and/or tipping fees at public landfills. The advantage of user fees is that they pass costs directly to those who benefit from the facility or service rather than spreading them over the entire population. User fees may be especially appropriate ifmany users of a facility come from outside the jurisdiction that developed it. Some people have criticized user fees for recreation because they may have an exclusionary effect on less affluent segments of the population. User fees are sometimes pledged along with other revenue streams to secure bonds.

Impact Fees - Impact fees are one time fees charged to new development to help defray the costs of providing them with expanded services or additional infrastructure capacity. In 1990, the General Assembly passed the Georgia Development Impact Fee Act (DIFA) which regulates the imposition, collection and expenditure of impact fees. The purpose of the law is to insure that developers pay no more than a "proportionate share" of "system improvements," which are defined as "capital improvements that are public facilities and are designed to provide service to the community at large, in contrast with project improvements." DIFA prohibits local governments from imposing mandatory exactions (required dedications and/or fees in-lieu of such dedications) as a condition of permit approval or other governmental action to the extent that such exactions would qualify as

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system improvements. Exactions for the sole use of project occupants are still legal. DIFA also requires local governments to complete comprehensive planning requirements, including the adoption of a Capital Improvements Element in order to be authorized to impose impact fees. DCA has published two guidebooks on impact fees for local governments interested in this revenue source.
Debt Financing (Bonds)- Municipal debt financing may be accomplished in a variety of ways. Permanent improvements to government infrastructure, such as new public buildings or recreational facilities are often financed by use of general obligation bonds. Through this method, the taxing power of the jurisdiction is pledged to pay interest and principal and retire the debt. General obligation bonds must be approved in a referendum. Another method involves the sale of revenue bonds. Bonds are paid off from the revenues generated by the project itself rather than from the general fund of the local government. This method may be appropriate for projects that will generate revenues adequate to retire the bonds. Generally, voter approval is unnecessary. Taxable bonds are not widely used They are similar to industrial development bonds but the interest they pay is not federally tax-exempt. These should be thought of as a source of capital rather than an incentive program. They should not be used for small projects or for projects with substantial risks, and borrowers must be highly credit-worthy.
Property Tax - Property taxes are one of the most common sources of revenues for financing capital facilities. Property taxes are assessed as millage --1/lOOth of each dollar of assessed property value. Each year the local government establishes the number of mills that will be required to meet their financial obligations in addition to other anticipated revenues. Citizens pay property taxes on real property, that is, land and buildings. Property taxes are routinely collected on a yearly basis by the county tax assessor's office. Ease of collection is one of the advantages of property taxes -- especially for cities, which can assess their own property taxes. City property taxes are generally collected by the county tax assessor and transfened to the city. Property taxes may go into a local government's general revenue fund, but may also be dedicated for special purposes.

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,' ..

There are several disadvantages to relying too heavily on property taxes. The first is that they may place the burden of new facilities inequitably on property owners. For example, if a county has a high percentage of workers commuting in from outside the jurisdiction, these in-commuters may be using roads, water, wastewater treatment capacity and other capital facilities without contributing to their development or maintenance. Property owners often complain about the inequity of being charged for capital facility expansion when a great deal of new development is moving into an area, arguing that they are being charged for new facilities that would not be necessary except to serve newcomers. Since school boards assess property taxes in addition to those imposed by local governments, a need for additional schools in high-growth areas may place a double burden on existing property owners - even the elderly and businesses that do not derive direct personal benefits from such taxes. The counter arguments to these complaints are that newcomers will also pay property taxes over time and that high quality capital facilities and good schools promote quality of life and economic prosperity for the entire community. The second consideration is that new businesses and industry will compare local tax rates when they decide where to locate their facilities. H a jurisdiction's tax rates are significantly higher that its neighbors, but infrastructure availability and other factors are comparable, high taxes may inhibit beneficial tax base growth.

One Percent Local Option Sales Tax - County governments may levy a one percent sales tax for a period of up to five years for specified community facility and infrastructure projects. In recent years, this special purpose local option sales tax (SPLOST) has been a widely used method of funding road improvements, parks, general government office's and courthouse rehabilitation in Georgia.

In any county project involving a real or potential property or sales tax increase, the major challenge is obtaining voter approval. While it is never easy to pass a bond referendum raising taxes, or a measure to raise sales taxes, some communities have successfully funded 'un-sexy' projects such as bridge improvements by attaching them to one percent local option proposals featuring more popular proposals such as new recreation facilities or school improvements.

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Two arguments for the tax appear to have been used successfully in some counties. The first is promoting SPLOST as a revenue raising method which not only spreads the tax burden fairly throughout the entire community but also generates revenues from non-local shoppers and visitors who pay the tax although they live elsewhere. Counties that attract substantial numbers of visitors from outside can use this argument effectively. The second argument has been used to pass referendums in counties where capital facilities were urgently needed. In such cases, local governments have argued that without the approval of the SPLOST, an increase in property taxes would be needed. Property owners, who want tax burdens to be shared by all residents of the county rather than only themselves, have generBlly tended to be supportive of the sales tax alternative.
Regardless of the sales pitch, county governments anticipating a SPLOST vote should plan their projects carefully. The budget should be realistic because in most situations it will be extremely difficult to obtain the voters' approval of a second SPLOSTtax period to complete a project that was to have been finished in the first If the project cost appears to be too high to gain approval in a single referendum, it can be undertaken in phases and marketed as a two-step process. Voters will know from the beginning that the vote is on the fmt phase of a two-phase project. The successful completion of the first will encourage support for the second.
Hotel and Motel Tax - A potential source of funding for some local development projects is the hotel and motel tax. It was enacted to help pay for facilities and to fund activities that benefit the.tourism and meetings industry. For example, the tax was used in Banks County's recent conversion of its abandoned courthouse to a local museum and community meeting center. To finance the project, the county commission increased the existing hotel and motel tax from two percent to five percent, dedicating the additional amount to the cost of courthouse rehabilitation. The Banks County Historical Society and the Banks County Chamber of Commerce borrowed $280,000, the anticipated cost of rehabilitation, from a local lending institution. The loan is being repaid primarily fro~ the dedicated tax proceeds--amounting to approximately $40,000 annually--which are transferred from the county to the chamber of commerce for this purpose.

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Chapter Five: Tools for Assuring Adequate and Affordable Housing

Housing and Public Policy

In most communities, the private housing market will provide housing for most of the population. However, strategies for promoting affordable housing may need to be addressed as a part of the comprehensive plan. To the extent possible, the local housing supply should be in keeping with the needs of the community based on the demographic trends anticipated during the planning period. In most cases, the development community will be sensitive to socioeconomic factors such as wage levels, family size, the age distribution of the population and housing preferences, but public policy may also play a role in assuring that the community's housing needs are met

Housing issues may also affect other planning elements such as economic development For example, housing is related to labor force availability, and thus to recruinnent of new business to the community. Workers must live in housing they can afford. If housing within a community is expensive, business must pay higher wages than might be required elsewhere to employ local residents or to attract workers from ~eighboring areas. In many cases, commuting workers place demands on local government services and infrastructure, while most of their salaries are exported and spent outside of the local economy. Thus, attracting new businesses may not help a community's local economy as much as anticipated.

On the other hand, the per capita cost of police protection and public health services in a community may be somewhat higher in proportion to the number of low-income residents. Thus, some communities are hesitant to promote housing for these groups. Other considerations, such as traffic problems and road expansion costs, can be minimized by providing a healthy balance of

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housing and jobs in reasonable proximity to one another. All of these factors should be considered in establishing the housing policies in a comprehensive plan.

There is also a strong linkage between land use objectives and housing policy. For example, housing patterns can affect property values and the amount of open space that is preserved for future tax base growth. If it is found that a high percentage of the new building permits being issued are for manufactured housing, a local government may decide it is important to take steps to encourage the construction of multi-family housing or other forms of affordable housing.

Density will be a factor in determining how much land will be absorbed by residential uses over the planning period. Accommodating the projected population growth for the planning period will involve calculating the number of new housing units that will be needed and understanding the types of housing that are likely to be developed. In terms of preserving a community's traditional character and natural resources, housing and land use policies can affect how much open space and rural landscape will remain in a community in ten or twenty years. Subdivision regulations typically define the minimum lot sizes desired within a community, and zoning (as well as infrastructure availability) will have some impact on the percentage of the population that live in multi-family homes.

Infrastructure programming is also related to housing preferences and goals. Encouraging infill development where infrastructure is already adequate can relieve local governments of some of the burden of adding new water and sewer lines and adding new facilities. Stimulating appropriate intill housing and participating in housing rehabilitation programs may be equally critical components of a neighborhood revitalization effort. The land use section of this guidebook will deal in more detail with density issues, while this section will focus on way of promoting affordable housing and improving existing neighborhoods.

Housing policy can also relate to quality of life or the provision of social services. Some communities feel that raising the ratio of home owners to renters will strengthen property values and promote long-term citizen investment in the community. Others may wish to address housing needs for special segments of the population such as students, the elderly, or physically or

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mentally challenged individuals. For example, a community might wish to change its zoning regulations to allow adult daycare facilities or accessory units (such as garage apartments) in more residential neighborhoods. The small town of Cohutta, Georgia, which has no nursing homes, expressed its commitment to family care by including a variance provision in its zoning ordinance which allows mobile homes to be placed on single-family lots to house an elderly parent or a child providing assistance to an elderly parent. Strong citizen support for this measure was developed and documented during the planning process. With family sizes decreasing nation-wide and the baby boom population aging, it will be increasingly important in the next decade to provide flexible housing alternatives within our communities.
Housing Programs and Strategies

Low-Income Housing Tax Credits (LIHTC)- The Tax Reform Act of 1986 authorized a low-iricome housing tax credit as a method of encouraging the development of more affordable housing in the State of Georgia. Tax credits are available for ten years to owners of qualified rental projects that reserve at least 40 to 60 percent for occupancy by low-income tenants dming a 15-year period. This program is becoming more important in attracting private capital to the development and management of low-rent housing despite a weak construction market.

Georgia Housing and Finance Authority (GHFA) Programs - GHFA is one of the primary channels for affordable housing funding in the state. The authority provides support for one of the newest mechanisms for developing affordable housing - the formation of regional non-profit housing corporations. There are already sixteen such corporations operating in Georgia. These corporations, which are operated by a local board of directors, have access to low interest federal funding to build apartments and other types of affordable housing. They are also empowered to renovate, rent and resell properties. Additionally, the authority assists low and moderate income households in purchasing a home by making mongage loans at below market interest rates. An allotment of loans is given annually to over sixty approved lenders. GHFA also administers the Section 8 Rental Assistance program funded through HUD. Under this program, very low income individuals and households can have a portion of their rent subsidized. In

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)
addition, GHFA is the designated clearinghouse for the Resolution Trust Corporation (Kl'C) affordable housing program (see below).
Opportunities from Distressed Properties- In 1989, after the deregulation and subsequent collapse of the savings and loan industry, Congress passed the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) which created the Resolution Trust Corporation (RTC). The RTC is charge with disposing of thousands of foreclosed properties now held by the federal government. By mid-1992, the RTC is expected to take over additional thrifts with assets totalling 166 billion dollars. The RTC and other government agencies holding these properties offer cut-rate property prices, reduced fmancing rates for non-profit housing corporations. GHFA notifies local governments, public housing authorities, investors, realtors, and potential home buyers of the availability of specific properties. Local governments participating in such corporations may wish to get information about the RTC-owned properties in their communities and assess local affordable housing options related to their acquisition and resale.
National Affordable Housing Act of 1990 (NAHA) Programs - This federal law established a number of programs designed to increase the supply of affordable housing. The Homeownership and Opportunity for People Everywhere (HOPE) program was designed to promote tenant ownership of public housing. The Home Investment Partnership program (HOME) provides di~cretionary block grants to states, which can be used for a variety of housing needs, although these funds are most commonly applied to moderate rehabilitation of rental properties.
Department of Housing and Urban Development (HUD) Programs - HUD provides direct federal assistance to the state's most populous cities and counties through the Community Development Block Grant (CDBG) Entitlement program. Direct loans below market interest rates, with a repayment schedule up to 40 years, are available for the provision of multi-family housing for the elderly and disabled. In Georgia, CDBG grants are awarded through the Department of Community Affairs. Local governments in larger cities often administer their own CDBG grants; however, smaller communities often

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contract with regional development centers or private sector grant administrators to oversee CDBG project development
Employer-Assisted Housing Programs -As stated earlier, employers benefit from having affordable worker housing in reasonable proximity to their facilities. Favorable housing costs compared with other areas is one reason major cotporations have relocated to Georgia over the past decade. However, housing costs have risen 93 percent for singlefamily housing since 1980s. Median rent has gone from $153 to $344 per month in the same period. Many large employers have discovered that providing housing-related employee benefits can save money by promoting a stable workforce and reducing turnover and retraining costs. Housing assistance is increasingly being added to the flexible benefit packages offered by major cotporations, universities and employers around the country. The newly created Magnet Program introduced by the Federal National Mortgage Association (Fannie Mae) helps employers provide assistance to workers in the areas of down payments, closing costs and monthly mortgage reduction. Typically, assistance is provided by the employer in the form of a grant, loan or loan guarantee. Employers may also participate in a group mortgage origination plan, which provides lower than market rate mortgages to qualified employees by assuring a fmancial institution of a certain level of business from company employees. Sometimes the employer reduces the lenders risk by guaranteeing payment of all or part of an employee's mortgage if he defaults. Local governments can play a role in educating local employers about housing assistance programs and encouraging the private sector to participate in designing local housing solutions.
Housing Counseling - For communities seeking to encouraging home ownership as a planning goal, public/private efforts at financial counseling may play an important role. Some segments of the population have adequate income to buy a home but need education and information to become successful homeowners. Typical counseling topics include personal finance, pre-home purchase, home maintenance, foreclosure prevention and tenant/landlord counseling. In some communities local banks or non-profit organizations such as the United Way provide financial counseling programs. There are only ten HUD

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approved housing counseling agencies in Georgia. More infonnation on starting local counseling programs can be obtained by contacting GHFA.
Incentives and Linkage Policies - Some communities, especially those experiencing severe development pressures, have addressed the problem of affordable housing by requiring that a percentage of building permits issued be used for affordable housing. Some communities make it mandatory that developers include a certain percentage of affordable housing in every development. This approach is not usually politically feasible except where housing pressures are very great and the private market is strong. For example, Key West, Florida requires that at least 40 percent of residential development be constructed as affordable units. In the case of Key West, affordable housing is defined as rental rates less than 30 percent of median family income and sale prices no more than three times median family income.
More commonly, communities prefer to provide financial incentives to developers that include such units in their subdivisions or multi-family housing. As opposed to a strictly regulatory approach, some communities give permitting priority to projects that will include affordable units, or by providing other economic incentives to include affordable units. Encouraging the private sector to provide affordable housing will require using a combination of techniques. For example, Hilton Head Island, South Carolina has designed an affordable housing overlay zone with a density bonus (see Chapter Six) and relaxation of site development standards.
Relaxation of Development Standards - Some communities have a special (and less expensive) development standards for affordable housing developments, allowing builders to pass site development savings on to the home buyer. For example, a developer building a subdivision or project with units in an affordable price range may be allowed to build nam>wer streets, observe different setbacks, use PVC instead of metal water pipes or .construct less expensive types of curbs or gutters. Alternative standards can substantially reduce construction costs. However, it is important to make sure local regulations conform to minimum state building codes. It is also important to ensure that per unit cost savings

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actually reach the home buyer and that the overall development is attractive and well built so that it will not deteriorate and result in a blighted area over time.
Impact Fee Waivers - A waiver from paying impact fees may be offered as an inducement to build affordable units. Like adopting special development standards, this will have the effect of reducing per unit housing costs. The Georgia Development Impact fee Act allows local governments to waive fees for affordable housing provided that they do not use the fees paid by non-exempt new development to subsidize the cost of providing capital improvements to such projects. To exercise this option, the comprehenSive plan must contain a policy statement exempting affordable housing from paying the fee.
Promoting Mixed Use Development - During the planning process, local governments may wish to reconsider from a policy standpoint, the tendency of their existing regulations to segregate housing by price or income level. Traditional subdivisions tend to be limited to single-family housing within a narrow price range. However, developers across the country are finding that this need not be the only way to develop land. By varying lot sizes to incorporate townhouses, condominiums or rental units in a project (while maintaining the same visual quality, landscaping and architectural styles as more expensive homes) it is possible to integrate affordable housing seamlessly into traditional looking neighborhoods. Developers have found that consumers also enjoy having recreation facilities and neighborhood commercial activities within walking distanceof their homes. Adopting development regulations that allow the inclusion of such amenities can recreate a sense of neighborhood identity and strengthen community ties.

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Chapter Six: Tools for Managing Growth and. Controlling Land Use

Promoting Quality Development
The introduction to this guidebook distinguishes between administrative tools, regulatory tools and development incentives. This section contains examples of all of these types of tools. In fact, many land use regulations can be strengthened and refined by adding rewards to developers that help to achieve community goals. This section also includes public/ private effons and volunteer and non-profit programs. Land use tools can have significant impact on the physical form of our communities in the future. They may have other benefits such as the efficient provision of services and facilities and the protection and wise management of natural and historic resomces. Other land use tools are aimed at addressing community aesthetics or other "quality of life" issues.
Future Land Use Map - The future land use map is the only land use implementation tool required to be included in comprehensive plans under the Georgia Planning Act. Whereas an existing land use map is a graphic reflection of actual land uses that existed at the beginning of the planning process, the future land use map gives graphic form to the goals, objectives and policies that a community establishes in its comprehensive plan. It defines how the agenda established by the plan will apply to the built environment and the distribution of various development activities. The future land use map should not be confused with a zoning district map or with an 'official map' 2 (described on page 50).

2

The future land use map is a policy tool which may or may not be supported with zoning or other

land use regulations. A future land use map (unsupported by other land use regulations) cannot be used to deny a

building permiL Nor would a future land use map or a zoning map give a local government a legal basis for refusing

to issue a building permit for a permitted land use in a given zoning districL In contrast, the official map (backed by

a special ordinance) would allow a local government to refuse a permit because the proposed land use would interfere

with future public use of the land, even if the parcel of land falls within a zoning district where the proposed use

would nonnally be pennitted. The future land use map need not be as accurate as an official map and may be at a

bigger scale.

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The future land use map is a policy tool rather than a regulatory tool. However, if a local government adopts a zoning ordinance, the zones established on the zoning map should bear a logical relationship to the future land use map. A future land use map (combined with other tools such as infrastructure phasing and subdivision regulations) can be used to guide community development even in the absence of a zoning ordinance.
Land use maps prepared for comprehensive plans must employ the eight standard land use categories established by DCA under the Minimum Standards and Procedures. These categories may be further subdivided if a community wants to describe its desired land uses in greater detail with regard to density or usage. The eight categories were designed to be compatible with the Standard Industrial Classification (SIC) codes. SIC codes are used by state and federal agencies to tabulate economic data and by some local governments to codify or provide information on tax parcel records, business licenses and zoning classifications. The eight categories include:
(1) Residential; (2) Commercial; (3) Industrial; (4) Public/Institutional; (5) Transportation/Communication/Utilities; (6) Park/Recreation/Conservation; (J) Agriculture/Forestry; and (8) Undeveloped/Unused.
Based on the conditions reflected on the existing land use map, environmental
considerations, growth and employment projections and policies regarding land use, the
future land use map identifies general areas within a jurisdiction that are suitable for (or targeted for) the various land uses listed above. It also indicates any transitions from old land uses to more appropriate new ones that will be encouraged through local government policy or land development regulations.

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Annexation Agreements - Annexation is the process whereby unincorporated land becomes part of a municipality. There are three methods of annexation under state law. A property owner may request to be annexed A city may annex several parcels of land if 60 percent of the registered voters and 60 percent of the landowners vote in favor of annexation; or, land may be annexed by an act of the General Assembly. Many conflicts between local governments revolve around annexation issues and land use incompatibilities on the urbanizing fringes of municipalities. The planning process is an excellent forum within which local governments can resolve such problems.

Annexation is not necessarily bad for county government. Vigorous growth of urban centers, promoted by the more extensive range of public services cities are often able to provide, tends to increase the land values and overall economic prosperity in sUITounding unincorporated areas as well. Counties do not lose tax revenues on property that is annexed since county property taxes continue to be applied to annexed parcels. Furthermore, annexation may relieve the county of responsibility for providing annexed areas with services such as fire and police protection or garbage collection. However, when cities have separate school systems, the millage base for a county school system can be eroded somewhat by major annexations.

By the same token, annexation is not automatically good for a city. The two primary reasons that cities seek to annex new territory are to increase municipal property tax revenues or to gain more control of land development activities along their boundaries. In seeking new growth, however, cities often underestimate or fail to consider the increased costs of providing ongoing services to annexed properties (as required by state law).

If a city's primary motivation for annexing territory is to control the quality or direction of growth on its urban fringes, agreements with the county regarding compatible land uses and development standards may often remove the impetus for annexation. Such agreements may involve infrastructure coordination and the provision of services, joint involvement in defining future land uses around city borders, or the development of compatible regulations regarding signage, right of way development or transportation

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design. For example, Gwinnett County is considering establishing an extraterritorial sphere of influence for each municipality in the county and allowing city governments some , form of representation on its planning board-- at least with regards to land use decisions within a certain proximity to city boundaries.
Variable Utility Pricing Policies- Variable utility pricing can be used to reduce leapfrog development in remote areas as well as discourage development on inappropriate soils and environmentally sensitive terrain. This policy prevents developers of easy-to-setve parcels from having to subsidize infrastructure extension to hard-to-setve areas. Instead of charging an average fee, which levels out costs to all capital facility users, cost-based pricing systems raise development costs in some areas and may thus cause a market adjustment in land values to favor appropriate development sites.

Controlling Roadway Access - This regulatory strategy maximizes traffic efficiency and is also a useful tool for controlling strip development and encouraging commercial growth nodes. Clustering commercial and other high density development promotes the most cost-effective delivery of setvices and lowers infrastructure costs. By limiting center turn lanes and curb and median cuts on arterial roads as well as at-grade access points to major highways, communities can significantly presetve road capacity. Requiring commercial and other high traffic developments to share entrance drives or create common access roads can help keep public roads flowing smoothly and reduce dangerous accidents. In the same way, requiring subdivisions to link their road systems can further expand arterial traffic capacity by providing alternate routes during peak travel times and facilitate the use of emergency vehicles.
Construction Codes - The adoption and enforcement of standards for building construction are essential for the protection of consumers from structural, ftre, and health hazards that can be associated with new construction. This, in tum, protects the community as a whole. Construction codes are actually a family of separate yet related regulations for different aspects of construction. The building code establishes regulations for the types of materials that can be used in structures and the type of construction that is acceptable to provide structural and fire safety. The electrical code regulates the type of

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wiring and electrical equipment that may be installed in a building and the manner in which it must be connected and insulated. The plumbing code prescribes the nature and kind of hardware that may be installed in a building to assure the provision of water and the sanitary disposal of wastewater.

Gas, mechanical systems, fire prevention and other supplemental codes have similar functions. The housing code provides standards for keeping existing housing sound and sanitary, equipped with basic facilities and not overcrowded. In a sense, this code is an extension of other codes, ensuring that structures previously approved for occupancy continue to meet minimum standards for basic human shelter.

Collectively, this family of codes provides local governments with the legal tools necessary to protect the public from inferior design, materials, or techniques in new construction and from the neglect, abuse or misuse of existing housing.

In the absence of a codes enforcement program, a community has little protection against shoddy construction. Poor construction practices have always existed and the likelihood that they will continue is increasing. For example, the high cost of land in many areas is forcing developers, particularly those constructing moderately priced housing, to consider sites in more distant rural areas. The quality of housing built may be undesirable because it is sacrificed for the sake of economy, unless safeguarded by local codes. Without a codes program, a local government has virtually no protection against beco~ng a dumping ground for inferior housing and other developments which are excluded from other communities.

Subdivision Regulations - Subdivision regulations establish rules and procedures to be followed when 'raw' land (primarily residential) is divided into parcels or lots. In this way, basic safety and health requirements are met and raw land is transformed into lots having adequate road access, utilities, drainage, etc. Subdivision regulations also establish standardized requirements for how plats are prepared and recorded. More importantly, subdivision regulations set forth provisions that certain physical improvements be made by the developer (provision of roads, water, sewer, etc.) and that they be installed even if the

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developer defaults before the subdivision is completed. This helps to protect consumers from buying a lot and not receiving services that were originally 'advertised' with the lot The advantages of regulating the subdivision of land are many. In addition to the benefits mentioned above, subdivision regulations help:

The local government, by providing minimum design standards, by requiring assurances for project completion and by ensuring a uniform record of property division;

The developer, by establishing a standard set of procedures for gaining project approval, so as to eliminate hidden costs of procedural 'surprises'; and



The citizens and consumers, by protecting their general interest in the timely

completion of roads, water, sewer systems and the general quality of

residential development.

If the subdivision of land is not adequately managed, growth will not occur in an orderly manner. Public facilities and services may become overburdened and the natural environment may be banned by unsuitable development

Local governments should keep in mind that all divisions of land are important Large scale subdivisions will have immediate impacts and a number of small scale subdivisions will have cumulative impacts over a longer period of time.

Unified Land Use Ordinance- Traditionally, zoning and subdivision regulations are separate ordinances and documents and entail separate administrative processes. A unified land use ordinance is an administrative tool for streamlining development A developer who may want to rezone a piece of property to build a subdivision will be subjected to two separate review processes. This may take a lot of time, and may be very expensive. Some communities have found it very useful to combine their zoning and subdivision ordinances into a unified ordinance. Only one review process is necessary under a unified ordinance,

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but the review may have two phases. Staff time can be more effectively utilized and excessive bmeaucratic delays that are expensive to the developer may be minimized.

Zoning - Zoning is one of the most commonly used tools for implementing local comprehensive plans. Zoning ordinances have two interrelated components. First, there is a text containing written regulations regarding requirements such as minimum lot sizes, building heights, setbacks from property lines, parking and other development requirements within each zoning district The second component is the zoning map which shows the locations of various zoning districts throughout the community.

Two primary types or schools of zoning are compared in this section. These are pyramid zoning and performance zoning. Also described are a number of variations and specialized 'bells and whistles' features that can be combined or incorporated within either type of zoning. These are covered under separate headings.

Conventional (or Pyramid) Zoning, the first model of zoning to be accepted by U.S. comts (in the 1930s), involves the use of a hierarchy of land uses based on desirability of land use, with single-family residential being considered most desirable (or highest), followed by multi-family residential, commercial and heavy industrial land uses. Based on this philosophy, higher land uses are allowed in all lower use categories, but lower uses are prohibited from locating in higher use zones. A simple listing of allowed land uses per zone would, thus, resemble a pyramid in shape.

In order for pyramid zoning to have the desired effect of separating land uses, it is important that the proper amount of land is designated in the commercial and industrial categories. Zoning too much land as industrial (where all land uses are allowed) can lead to a chaotic development pattern such as might result from no zoning at all. For this reason the incompatibility of residential and industrial land uses has led some communities to modify their hierarchical approach by banning residential land uses from industrial zones. On the other hand, zoning too little land for commercial development or industry may cause artificial elevation of land prices or provide an insufficient number of large tracts to attract major economic development projects. For this reason, communities should generally

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calculate the acreage needed for these uses based on historic patterns of need, projected employment or population growth, and, taking the economic development strategies of the plan into account, build in a extra margin of acreage to allow the private market to make flexible locational decisions. However, it is much more common for communities to overestimate the amount of land needed for such land uses than to underestimate it.
A 'rezoning' of land enables property owners to change the way a particular property is zoned, from one zoning district to another. Requesting a zoning change requires official action by elected,officials to change the zoning map incorporated in its ordinance. Some ordinances give a citizen planning commission the responsibility for hearing zoning requests and making recommendations to local officials. Rezoning requests should be carefully considered (by both bodies) to make sure that granting them will not conflict with the goals and policies of the comprehensive plan. It may be that the requested zoning change is inappropriate. On the other hand, conditions may have changed, warranting an amendment of the local plan. If so, it is best to amend the plan and/or future land use map first and grant the zoning request afterwards, to make sure the plan and its regulatory tools stay in sync.
Peiformance Zoning is a relatively new version of zoning that allows a more flexible mix of land uses than traditional pyramid zoning. Rather than strictly separating residential, commercial and other land uses, performance zoning allows a broader mix of land uses in a single zone, but requires higher intensity land uses to mitigate any potential negative impacts on its neighbors. Whereas traditional zones are defined by a list ~f permitted land uses, performance zoning ordinances focus on protecting neighboring uses from each other by establishing a set of measurable standards which must be met by all proposed projects in a particular zone. A wide variety of standards may be established, including traffic generation rates, noise levels, limitations on lighting, the amount of vegetation that can be removed from the site, volumes of stormwater runoff and, often, landscape buffers with widths based on the intensity of the land use. Rezoning requests are less common in performance zoning than pyramid zoning because there are fewer zones and these are based on the actual carrying capacity of the land.

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Performance zoning is becoming popular because it has a number of advantages over traditional pyramid zoning. The specification of land uses is a rather crude method of land . use control which can unnecessarily reduce the amount of land available for residential, commercial and industrial development. Performance zoning results in a mixture of compatible uses at the neighborhood level. This reduces demands on the transportation system because it allows people to work, shop and play closer to where they live. In urban areas mixing uses can promote a lively, pedestrian-friendly atmosphere. By assigning industrial and commercial activities to zones based on their intensity and their possible negative impacts and by requiring mitigation measures to reduce undesirable impacts, such uses become more acceptable neighbors.
One of the weaknesses of traditional zoning is that it assumes that by banning certain uses from neighborhoods or environmentally sensitive lands, these areas will be protected from the impacts of high intensity uses. However, in reality, residential zones are often negatively affected by activities in nearby zones through polluted runoff or groundwater infiltration, erosion, air quality degradation, noise, light, pass-through traffic or nearby signage. Using performance standards can reduce these spillover effects and ensure cleaner, safer businesses and industries wherever they are located.

Performance Standards - Performance standards may be employed through performance zoning, incorporated in pyramid zoning ordinances or even included in subdivision regulations. Typical standards include the ratio of the area of a building to the total area of the development parcel (floor area ratios) and the amount of the property that is devoted to open space (open space ratio). Limitations on the size of the building are achieved by imposing off-street parking requirements, setback of a building from the street and adjoining properties, the size of the lot and the height of the building.

A performance based system offer advantages to both the community and the developer. The use of a performance system tends to be less confrontational than conventional approaches. A zoning administrator may be more successful expressing to a landowner why a proposal does not fit the standards rather than simply denying the application. He can then demonstrate to the owner how the proposal may be altered for compliance.

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Performance standards allow lower-priced, more accessible land to be used for higher density uses without the need for rezoning. While performance standards precisely defme the level of mitigation of negative impacts a community wants, they allow developers to chose the methods by which the community's standards will be achieved.

Standards are difficult to write precisely, which may result in lengthy negotiations between the public and local government officials. 1)le success of imposing performance controls is also dependent upon effective enforcement, that is, follow-through by local government officials to ensure compliance. However, while the review process requires time and expertise on the part of the developer, local government staff and officials, the enforcement of performance standards is usually less time consuming.

The land use intensity system (LUI) is a comprehensive set of performance standards developed by the U.S. Federal Housing Administration (FHA). Under a LUI system, the standards take the form of six ratios which are used to control density of development. In communities opposed to zoning, these standards could be enforced without dictating or restricting types of land use. These ratios include:

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(1) Floor area ratio, which specifies a ratio between square footage of a building and square footage of the lot on which it is placed;
(2) Open space ratio, which establishes a ratio between square footage of the building and square footage of dedicated open space;
(3) Living space ratio, which establishes a ratio of minimum amount of open space other than parking and square footage of floor area;
(4) Recreation space ratio, the ratio between required recreation space and square footage of floor area;
(5) Total car ratio, which allots a minimum area for parking space per living unit; and
(6) Occupant-car ratio, a ratio of the minimum amount of parking space per building occupant.
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LUis have been used in a number of states, with varying success. One drawback is. the complexity of managing a LUI system and the technical expertise required of available staff.
Conditional Zoning - Conditional zoning is a zoning variation or technique used to secure, prior to approval of a rezoning request, binding conditions related to use, density, design, architectural materials or style, timing and other features of development that exceed the basic stipulations of the district to which the parcel is being rezoned. Typically, conditional zoning involves a reclassification of a parcel to a district permitting more intense use. If, in the opinion of the local government officials, the intended use will have an adverse effect on surrounding properties or public facilities, the owner of the rezoned property may be required to agree to special conditions relating to the ultimate use or development of the property, as a part of the rezoning.
Incentive Zoning and Density Bonuses - Incentive zoning is a form of conditional zoning under which a developer may exchange the provision of specified amenities beneficial to the public in exchange for a variance from the zoning code. Originating in large cities, this technique has most often been used as a method of providing more public open space or recreational amenities or to promote affordable housing. Typically, the developer is allowed a density bonus orfloor-area ratio bonus (the ratio of total parcel area to building footprint area) in exchange for amenities provided. To avoid legal challenges, a density bonus program must be carefully designed and administered. The ordinance that establishes the program should specifically define the amenities that will be acceptable under the program and the level of bonus awarded. This is known as an 'automatic' or 'as of right' density bonus. In contrast to automatic density bonus systems, negotiated, or 'discretionary,' density bonuses have been tried in some major metropolitan settings and have met with varying success. Ad hoc negotiations with developers are likely to be long, painful and possibly legally indefensible. Managing a discretionary program is considerably more complicated than administering an automatic program.

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Transfer of Development Rights (TDR) - This technique combines regulatory and incentive concepts by limiting the development rights in one area, but transferring these rights to a target area elsewhere in the jurisdiction. For example, in return for preserving open space on a tract along a river corridor or limiting building height or density adjacent to a beach, a community might allow a developer to add extra housing units to a multi-family apartment project he wishes to build across town, or he could sell his open space IDR credits to someone else who wants to increase densities on a different development project in a receiving _zone. To make IDRs work, urban-scale development must not only be limited in the sending zone, but also in the area to which credits may be transferred. The receiving zone must be a desirable place to develop, and its infrastructure must be able to support the additional density created by the extra units. Otherwise, the credits will not be as valuable as the benefits forfeited in the sending zone. IDRs can be voluntary or mandatory, but voluntary IDR systems rarely work when the sending zone is a hot
development area. Mandatory IDRs are most suitable for preserving scenic areas in
development climates where developable land is scarce and there is a strong real estate market. Such systems require relatively good administrative capabilities on the part of local government.
Permitting Innovative or Flexible Site Design - City planning is an ever-evolving discipline. Styles and concepts in land use change as people's needs, perceptions and
lifestyles change. In some cases, good ideas from the past are rediscovered or adapted to
new situations. This section briefly describes some innovative forms of site planning that have recently gained notice around the country.
Planned unit developments, or PUDs, evolved during the 1960s as an alternative to large-
lot zoning. The PUD concept was an attempt to build good design into the site planning and review process of very large-scale projects, which were then becoming increasingly common. They offer the developer an opportunity to be more creative in the use of available space. Rather than regulating development on a lot-by-lot basis, with allowable land uses strictly defined, large tracts are planned as a unit, without the patterned rigidity enforced by traditional subdivision regulations. Site planners are thereby encouraged to address more creatively site characteristics and limitations. This often results in lessening

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the amount of cut and fill necessary during construction, greater use of natural drainage, lower building costs for infrastructure, and a more varied and interesting landscape. It allows for more compact and efficient development, as community shopping facilities can be placed within easy walking distance of residential neighborhoods. PUDs have often been used in environmentally sensitive areas to encourage clustering of development and preservation of open space.
Cluster development is frequently used to increase the amount of available open space to develop sites with sensitive natural environments and to preserve particularly beautiful portions o(a development tract. Rather than dividing a subdivision into standard-sized lots, smaller lots are grouped on the most buildable portions of a site while scenic or environmentally sensitive areas are preserved as common open space.
There are several advantages to cluster development. First, the provision of large amounts of open space can preserve more of the rural character, natural topography, vegetation, wildlife habitat and water features that may have attracted new residents to an area in the first place. Second, cluster development has the additional benefit of much lower site preparation and utility extension costs, and therefore, clustering homes can be of real benefit in projects designed to provide affordable housing. Third, carefully designed cluster development can increase sales and raise the market value of individual units. Many home buyers are anxious to ensure that their scenic views and the rural character of their neighborhood will be protected in the future. It is usually advisable to design small private outdoor spaces for each cluster housing unit. Designing enclosed private yards or patios while leaving open spaces in attractive native vegetation can reduce the cost and inconvenience of yard work to the individual property owner.
Clustering is often incorporated into PUD design. In some communities, clustering may be the only type of development allowed in a scenic or environmentally restricted area. While some land use plans may designate special zoning districts for clustering or PUDs, others allow clustering in regular residential zoning districts, contingent upon an administrative design review. Clustering in a given zoning district may be mandatory or optional, although the option to cluster may be ignored (especially by developers in areas unfamiliar

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with innovative subdivision design,who may be reluctant to risk marketing this new

' I

approach). Often, a density bonus is provided as an incentive for developers to build

cluster developments. Performance zoning (see page 72) is particularly compatible with

cluster concepts.

Zero lot-line construction is another innovative subdivision design concept that can make the most of available space. Zero lot-line suspends some setback requirements and allows structures to be built directly on at least one lot-line. Residences constructed in this way benefit from larger yards than would otherwise be possible, thus creating a more open, spacious landscape. Smaller lot sizes can be allowed without resulting in a crowded and unappealing vista. Zero-lot line design is often combined with clustering and PUD concepts and can be another useful tool for reducing land and construction costs to promote affordable housing.

Floating Zones - A floating zone is one way of developing standards for specialized kinds of developments such as regional shopping centers, schools or PUDS without defming precisely where they should be located. Floating zones are described in a zoning ordinance, but are not shown on the zoning map until a request for such a use is made and approved by local elected officials. They may be allowed to float only within certain other zone districts such as commercial or industrial. While floating zones encourage flexibility in land use decisions, they may not always please the public. PUDs are often permitted using a floating zone designation in order to avoid neighborhood resistance to rezoning for mixed-use development.
Required Land Dedications - In some situations, approval of a development project may be made contingent upon a required dedication of land, most commonly as an easement for required on-site utilities or infrastructure. Greenways and off-street pedestrian walkways can also be provided through land dedication. If the new residents of the developed propeny are the chief or exclusive beneficiaries of improvements that result, required dedications cause little controversy. On the other hand, the Georgia Development Impact Fee Act (DIFA) now limits the rights of local governments in Georgia to require land dedications of developers for "system improvements" Oand used to benefit the

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community at large) as a condition of governmental actions such as development approvals, rezoning, utility hook-ups, granting of variances, or issuance of building or occupancy permits. While voluntary land dedications for capital improvements or public uses may still be accepted by local governments, these must be offset by credits against any impact fees charged by the local government for the same type of facility.

Even in the case of voluntary land dedications, there is the possibility that the developer will wish to dedicate land that might prove wholly unsuitable for the community's needs-especially in the area of recreation. Land dedication programs should therefore be carefully managed, and proposed land dedications should be assessed in relation to the local government's goals and policies regarding capital facility programming.

Restrictive Covenants - Restrictive covenants are privately administered land use controls which are incorporated into property titles. As such, they constitute a private contract between the landowner and a small group of administrators, usually an organization of landowners in the same subdivision. Covenants can be relatively simple, listing a few restrictions on what the landowner may do with his property, or they may be a lengthy and complex series of dos and don'ts. Because they are voluntary contracts between buyer and seller of the property, they can be much more prescriptive and deal more with aesthetics than land use regulations.

Usually restrictive covenants are in no way connected to the local zoning regulations. Local governments are not usually involved in their enforcement If the covenants are more restrictive than zoning requirements, they generally take precedence. Conversely, if zoning is more restrictive, these regulations take precedence over the covenants. In cases where the zoning code and private covenants are in conflict, private covenants can be abrogated if the covenants impose an illegal set of conditions or if they conflict with the protection of constitutionally protected rights.

Although a local government could not require private parties to enter into a contractual relationship, restrictive covenants might be used to protect rural character and maintain the natural areas within a subdivisions. Although this is not a common approach in Georgia, it

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may be possible to condition development approval in scenic or environmentally sensitive areas on the developer selling homes subject to appropriate restrictive covenants. Such covenants might require maintaining yards as unfenced open space, prevent tree clearing or protect ridgeline views. Or, for example, such covenants might reduce the visual impact of homes built on a scenic mountainside by specifying that only unobtrusive materials such as wood or stone be used on the exteriors of homes, or requiring parking to be hidden from view.
Sign/Street Graphics Ordinances - One of the most common problems faced by communities concerned with improving their visual appearance is the clutter created by signs and billboards. As a result, many communities have enacted regulations controlling the size, location, spacing and, in some cases, the design and landscaping of outdoor advertising. Many communities limit billboards to appropriate areas, and some municipalities have banned billboards entirely.
Federal courts have upheld the principal that aesthetic concerns are a sufficient basis for imposing sign ordinances. A sign ordinance tied to the beautification efforts of a city's comprehensive plan is more likely to withstand judicial scrutiny than one imposed without a supporting policy framework. The courts have further maintained that a distinction between off-site and on-site signs is justifiable, that an ordinance whi?h leads, ultimately, to the failure of a sign business is constitutionally acceptable and that a total ban on off-site commercial signs is constitutional.
Legal challenges to sign ordinances have generally been based either on arguments that disallowing signs or regulating their.contents violates the constitutional right to free-speech, or on arguments regarding just compensation for investments owners have made in existing signs. To avoid these problems, local sign ordinances usually make provisions to allow political campaign signs and historic and religious markers. They also recognize the validity of on-site commercial signs and often grandfather, slowly phase out (amortize), or offer compensation for non-conforming signs that were in place before the ordinance was put into effect.

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The federal government enacted its own sign ordinance in 1958, the Highway Beautification Act, and strengthened the Act in 1965. This Act requires the states to prohibit all billboards within 660 feet of the rights-of-way of federal interstate and primary highways, with an exemption for on-site signs. States not complying with the Act are subject to a penalty of ten percent of their state and federal aid highway funds. In Georgia, a permit is required from the Department of Transportation (DOT) prior to the erection and maintenance of advertising signs within 660 feet of the right-of-way of a primary or interstate highway, with the exception of signs which advertise the sale or lease of property upon which the signs are located, service club and religious notices which do not exceed eight square feet in area, and signs advertising activities conducted within 100 feet of the sign. DOT is authorized to acquire non-conforming signs -- that is, signs that were already in place before the federal law was passed; however, just compensation to the owner is required.
Landscape Requirements, Tree Protection Ordinances and the Tree City Program - Tree protection ordinances and local government tree planting programs are becoming more prevalent across the country as the environmental benefits of trees are recognized. Trees greatly improve the livability of urban areas by providing shade and wind protection. Trees absorb carbon dioxide and give off oxygen which, in most climates, improves air quality. In both city and suburban settings, tree buffers are routinely employed to screen unattractive views, separate different intensities of land use and reduce ambient noise and light pollution.
However, the cheapest way to build on a parcel of land is often to strip it of its trees. While sophisticated subdivision developers in urban areas generally recognize that trees add to the value of homes and try to save some of them, the value of preserving natural vegetation may be less appreciated by developers in rural areas where trees are perceived to be plentiful. Nevertheless, even in rural communities the public may be surprised by the negative visual impact of tree loss as new development diminishes their natural woodlands. Commercial developers in both urban and rural areas are often more concerned with packing the maximum number of parking spaces or square feet of rentable space onto their parcels than in preserving significant trees. While soil erosion and sedimentation

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regulations (page 26) may provide some protection for vegetation, many communities have felt the need to go further in preserving and protecting their trees.
Many communities have parking lot landscaping requirements and development regulations that require submitting a landscape plan as pan of the site approval process. Parking lot landscape requirements may also be included in a freestanding tree protection ordinance. Such ordinances vary widely in the degree of tree protection or the amount of landscaping they require. They often limit cutting (or regulate the pruning) of trees over a certain trunk diameter and/or require the developer to replant so many trunk caliper inches of new trees for every inch of trunk caliper destroyed Restrictions on cutting or pruning may apply only on public street rights-of-way and other public spaces, or may be extended to private property. Resort areas or historic communities to whom tourism or leisure activities are important often require natural buffers (or strips planted carefully with native vegetation) along all major thoroughfares. Hilton Head Island, South Carolina, has city horticulture crews that design and maintain landscaping on private property bordering its streets. To successfully implement a tree protection or streetscape program, it is critical to make the public aware of the benefits to be derived and to propose regulations that are somewhat compatible with community standards and values.
Tree protection and landscape ordinances sometimes require planting or replacement with species suited to the local environment, or that will grow to a shape or scale appropriate to the sidewalk width or building height in a certain district and flourish without requiring excessive upkeep or producing too much litter. In an urban environment, trees are subject to stress from air contaminants and mechanical abuse and root compaction by surrounding paving. Many tree ordinances deal with maintenance issues and some require the installation of sprinkler systems to serve any street trees or vegetative buffers installed.
Georgia's Tree City program recognizes local governments that have established a tree board and adopted a local tree ordinance. In addition, participating communities must commit at least one dollar per capita to tree planting, maintenance or other horticultural programs and hold an annual ceremony in celebration of Arbor Day.

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Keep America Beautiful Programs (KAB)- Founded in Georgia, the Keep America Beautiful organization has expanded into a nationwide program with chapters in all 50 states. The non-profit local chapters reduce litter through education and behavior modlfication methods. Over sixty Georgia communities participate in the program. In addition to traditional KAB activities such as waste surveys, litter patrols, and educational presentations, Georgia KAB chapters have been increasingly active in other solid wasterelated activities such as designing and promoting local government recycling and reuse programs, drafting solid waste management plans and providing a clearinghouse for information on recycling markets. The national KAB organization has a ooard of directors made up of representatives of corporations, public service organizations and federal agencies. Each local non-profit chapter is required to have at least a part-time staff person and is administered by a ooard made up of local citizens and business and industry leaders. Financial aid and in-kind contributions are provided by concerned businesses, private citizens and local governments. KAB activities in Georgia are coordinated through the Department of Community Affairs.

Interim Tools for Handling Transitions

The following group of tools are not intended or proposed as long-term solutions to land use problems, but are specifically designed to deal with emergency situations or transitions in public policy that may occur as a result of the planning process.

Building Moratoria - Various types of moratoria can be used as a measure of last resort to limit or halt short-term development These include limiting or temporarily halting utility extensions or connections, establishment of a building permit or subdivision approval freeze, and a freeze on approvals of rezoning to higher densities. Like the use of interim zoning (described below) moratoria are legally defensible if their temporary nature is respected, the municipality does not attempt to use them as substitutes for planning, and if public health and welfare are protected by their implementation. The most common and legally defensible reason for a moratorium is a severe infrastructure overload, particularly

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water and sewer deficiencies that threaten public health or groundwater quality. Before imposing a moratorium for less serious reasons, a local government should examine less severe alternatives. Moratoria tend to create a temporary artificial shortage of available land for development, thereby driving up costs. There is the potential that some land uses, notably residential development, may be more profoundly affected by this inflation than others.
Interim Zoning Ordinances - Several approaches may be used to slow or direct development while new comprehensive plans (or land use regulations) are prepared. Interim zoning ordinances have been used by a number of communities as a brake to development while new strategies are being developed. An interim ordinance may be a useful tool to provide day to day guidance to a community's planning commission, staff and elected officials while land development regulations are being revised for consistency with a new or amended comprehensive plan. For example, the future land use map in the new plan might propose quite different land uses for a given parcel of land than those exhibited on the existing zoning map. Which controls decision-making in the interval between plan adoption and implementation of a new zoning ordinance? An interim ordinance can provide legal safeguards and provide guidance for local planning commissions by clarifying relationships between old and new land use categories or identifying transitional areas where remnings, conditional approvals or variance decisions will be postponed until the final ordinance is adopted.

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Conclusion

Implementation Tools for Comprehensive Planning

As this guidebook demonstrates, many planning tools and techniques have been developed to address community problems and channel growth in positive directions. Hopefully, this guidebook will provide communities beginning to plan or reaching the plan implementation stage with ideas to explore as they look toward meeting their particular needs. However, these tools can be effective only iflocal citizens promote and support them. Since the adoption of the Georgia Planning Act of 1989, our state's most successful local planning efforts have been those that forged strong working partnerships between local elected officials, the business community and committed citizen-planners. Giving all of these groups a hand in both goal formation and strategy development is vitally important to local governments that wish to raise public awareness and build coalitions capable of balancing healthy economic development with other quality of life concerns.
More detailed information about most of the implementation tools featured in this guidebook ~ be obtained from the materials listed in the bibliography, by contacting the American Planning Association, or by calling the Office of Coordinated Planning, Department of Community Affairs (404-656-7526).

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Selected Bibliography

General
Allor, David I., The Planning Commissioners' Guide, American Planning Association,
Washington, DC, 1984.
The American Institute of Architects, Designing Your Town, Georgia Power Company, Atlanta,
GA, 1992.
Babize, M. and W. Cudnohufski, Designing Your Corner ofVermont: Protecting Property Investment Through Good Design, Village Press, Williston, VT, 1991.
Brudney, I. L., Fostering Volunteer Programs in the Public Sector, Iossey-Bass Publishers, San
Francisco, CA, 1990.
Mantell, M.A., S. F. Harper, and C. L.Propst, Creating Successful Communities: A Guidebook to Growth Management Strategies, Island Press, Washington, DC, 1990.
Mater, I., Public Hearings, Procedures, and Strategies: A Guide to Irifluencing Public Decisions,
Prentice-Hall, Inc., Englewood Cliffs, NJ, 1984.
McHarg, 1., Design with Nature, John Wiley and Sons, Also available from the American
Planning Association, 1991 (original1967).
So, F.S. and I. Getze1s (eds.), The Practice ofLocal Government Planning, Washington, DC,
International City Management Association, 1988.
Successful Communities Foundation, Resource Guide for Creating Successful Communities,
Island Press, Washington, DC, 1990.

Economic Development
Council of State Community Mfairs Agencies, Evaluating Development Loan Funds :A Handbook, Washington, DC, 1987.
Georgia Industrial Development Association, Incentives Manual, Georgia Power Company,
Atlanta, GA, 1990.
Lassar, T. I., Carrots and Sticks, The Urban Land Institute, Washington, DC, 1989.
Lyons, T. S. and R E. Hamlin, Creating an Economic Development Action Plan: A Guide for Development Professionals, Praeger, 1991.
Mills, E. S. and I. F. McDonald (eds.), Sources of Metropolitan Growth, Center for Urban
Policy Research, 1992.
Porter, D. R, Special Districts, The Urban Land Institute, Washinton, DC, 1987.

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Natural Resources

Arndt, R., "Conserving Rural Character and Open Space Through Innovative Land Use Techniques," 60 minute VHS video slide show, available through the American Planning Association, Chicago, IL, 1989.

Bosselman, F. and D. Callies, The Quiet Revolution in Land Use Control, Council for
Environmental Quality, U.S. Government Printing Office, Washington, DC, 1971.

Diamant, R., J. G. Eugster, and C. J. Duerksen, A Citizen's Guide to River Conservation, The
Conservation Foundation, Washington, DC, 1984.

Georgia Department of Community Affairs, How to Address "The Environmental Planning Criteria" in Your Local Plan, Atlanta, GA, 1991.

Georgia Department of Natural Resources, Managing Georgia's Natural Resources in the 1990's: A Five Year Strategy and Summary ofPrograms, Atlanta, GA.

Keys, J., "A Summary ofHB283: The Conservation Use Assessment and Timber Taxation Act,"
Georgia County Government, Association County Commissioners of Georgia, Atlanta, GA. May,
1990.

Kundell, J. E. and G. Swanson, Georgia's Air Quality: Status and Implications ofthe Federal Clean Air Act of 1990, Carl Vinson Institute of Government, University of Georgia, Athens, GA
1991.

Kundell, J. E., Management ofGeorgia's Marshlands under the Coastal Marshland Protection Act of 1970, Governmental Research and Services Division, Carl Vinson Institute of Government,
University of Georgia, Athens, GA, 1988.

Kusler, J. A~ and T. M. Lee, Regulations For Floodplains, American Society of Planning

Officials I American Planning Association, Planning Advisory Service Number 227, Chicago, IL,

1972.

.

Simonds, J.O., Eanhscape: A Manual for Environmental Planning and Design, Van Nostrand
Rheinhold, New York, NY, 1978.

Rowe, P. G., Making A Middle Landscape, MIT Press, 1991.

Thurow, C., Performance Controls ofSensitive Lands, American Planning Association, Planning
Advisory Service Report Number 307, Chicago, IL, 1977.

Yaro, R. D., A Design Manual for Conservation and Development, Lincoln Institute of Land Policy I Environmental Law Foundation, 1988.

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Historic Resources
Waters, I. C., Maintaining a Sense ofPlace: A Citizen's Guide to Community Preservation,
Institute of Community and Area Development, University of Georgia, Athens, GA, 1983.
Morris M., Innovative Tools for Historic Preservation, The National Trust for Historic
n... Preservation/American Planning Association, Planning Advisory Service Report Number 438,
Chicago, 1992.
Stokes, S. N. and A. E. Watson, Saving America's Countryside: A Guide to Rural Conservation, , The National Trust for Historic Preservation, Johns Hopkins University Press, Baltimore, MD,
1989.
SCtheiicnaegr,oF, .nR..,,1E98c4o.logical Planning For Farmlands Preservation, American Planning Association,
Community Facilities
Georgia Department of Community Affairs, Volume One: Impact Fees-- A General Overview,
'How to' Planning Series, Atlanta, GA, 1991.
Georgia Department of Community Affairs, Volume Two: Impact Fees-- Georgia's Comprehensive Planning Requirements, 'How to' Planning Series, Atlanta, GA, 1991.
Bureau of Local Government Assistance, A Local Official's Guide to Capita/Improvements Programming, Division of Local Resource Management, Washington, DC, 1981.
National Center for Small Communities, Innovative Grassroots Financing: A Small Town Guide to Raising Funds and Cutting Costs, National Association of Towns and Townships, Washington
DC.
Nelson, A.C. (ed.), Development Impact Fees, Planners Press, Chicago, IL, 1988.
Housing
American Planning Association, Community-Based Housing for the Elderly, Planning Advisory
Service Report Number 420, Chicago, IL, 1989.
American Planning Association, Housing Trust Funds, Planning Advisory Service Report
Number 406, Chicago, IL, 1987.
Frank, K. A. and S. Ahrentzen (eds.), New Households, New Housing, Van Nostrand
Reinhold, 1989
Georgia Housing and Finance Authority, Georgia Housing Goal Report, Atlanta, GA, 1992.

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Georgia Housing and Finance Authority, Comprehensive Housing Affordability Strategy,
Atlanta, GA. 1991.

Land Use

American Planning Association, The Language ofZoning: A Glossary ofWords and Phrases,
Planners Advisory Service Repon Number 421, Chicago, IL, 1976.

Brough, M. B.~ A Unified Development Ordinance, APA Press, Washington, DC, 1985.

Back, P. L., Modern Control ofLand Development, The Practicing Law Institute, Real Estate
Law and Practice, Course Handbook Series, No. 175, 1980.

Bair, F. H. Jr., The Zoning Board Manual, American Planning Association, Washington, DC,

1984.

.

Duerksen, C. J., Aesthetics and Land-Use Controls: Beyond Ecology and Economics, American
Planning Association, Planning Advisory Service Number 399, Chicago, IL, 1986.

Freilich, R. H. and E. 0. Stuhler, The Land Use Awakening, American Bar Association, ABA
Press, Chicago, IL, 1981.

Georgia Department of Community Affairs, The ABC's ofPlanning and Zoning, Atlanta, GA,
1988.

Georgia Power Company, A Guide to Community Planning in Georgia, Prepared by a special task
force and published by Georgia Power Company, 1976 and 1978 supplemental (prepared by Roben Eichler and Associates). (Out of print).

Hinds, D. S., N. G. Cam and N. Ordway, Winning at Zoning, McGraw-Hill Book Company,
New York, 1979.

Kendig, L., Performance Zoning, Planners Press, Chicago IL, 1980.

Lewis, S., ''The Town that Said No to Sprawl", Growth Management: Theory and Practice,
American Planning Association, Planning Advisory Service, Chicago, IL, 1980.

Mandelker, Daniel. R. and Roger A. Cunningham, Planning and Control ofLand Development,
The Bobbs Merrill Publishing Co., Charlottesville, VA, 1990.

Meshenberg, M. J., The Administration ofFlexible Zoning Techniques, American Planning
Association, Planning Advisory Service Number 318, 1976.

Moore, A. B., Community Handbook for Planning and Zoning, Institute for Community and
Area Development, University of Georgia, Athens, GA.

Moore, C. G. and C. Siskin, PUDs in Practice, The Urban Land Institute, Washington, DC,

1985.

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Office of Coordinated Planning

Implementation Tools for Comprehensive Planning
Ndubisi, F., Planning Implementation Tools and Techniques :A Resource Book for Local Governments, Institute of Community and Area Development, University of Georgia, Athens, GA, 1990.
Schretter, H. A., Zoning the Countryside: What's Wrong With It and An Alternative Approach, Institute of Community and Area Development, University of Georgia, Athens, GA, 1977.
Smith, Herben H., The Citizen's Guide to Zoning, The American Planning Association, Planners Press, Washington, DC, 1983.

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DCA
Georgia Department of Community Affairs 1200 Equitable Building 100 Peachtree Street Atlanta, Georgia 30303
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