Part IV Implementation Systems - shelbyal.com

Part IV

ImplementationSystems

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IV-1IV-1IV-1IV-1IV-1

Implementation Systems

Introduction

As stated elsewhere in this plan, ShelbyCounty faces a myriad of challenges in imple-mentation, such as advancing a countywide/regional planning scope, or altering the pat-tern of land development without full use ofthe most common and effective land use tool- zoning. Nonetheless, Shelby County in-tends to fully pursue its vision of an inte-grated network of compact, walkable andsustainable communities, woven into a can-vas of functional green infrastructure. Byexploring, developing and using "out-of-the-box" methods, tools and techniques, we planto harness the power of "the market" toadvance the development of traditional com-munities, and stem the tide of sprawl. Ratherthan reacting to development as it happens- as has largely been the case to date -Shelby County intends to proactively directwhere, when and how development occursfollowing the goals and vision of the Plan.

This plan is not intended to be a staticdocument. It is merely the current itera-tion of the County's vision and goals and amanifestation of the planning process thatthe County intends to use to achieve thosegoals. As such, it is intended to guide theCounty's action consistently toward theachievement of that vision, while maintain-ing sufficient flexibility for embracing andincorporating any new tools, techniques,mechanisms, etc., that may arise as newopportunities present themselves.

To fully achieve this vision, the Countygovernment will seek to help Shelby mu-nicipalities and communities develop and ar-ticulate their own vision of the future, uponwhich they may build and implement asound comprehensive plan. Through wise,consistent, and coordinated planning, allShelby County citizens can have the truecommunities we want rather than settlingfor the limited choices that the market cur-rently provides. Furthermore the pattern

of traditional communities in equilibriumwith green infrastructure, addresses andsolves many of the problems inherent inconventional suburban sprawl, such as traf-fic congestion and the difficulties local gov-ernment has in paying for the infrastruc-ture and support facilities needed to sup-port such development. Our vision can, andwill, accommodate growth effectively andefficiently, while also protecting the ruralcharacter so cherished by the citizens ofthis County; in short, "we can have ourcake….and eat it too". Through regional/countywide planning and partnering, we can- and will -- advance community buildingtogether, as a Community of Communities.

The Tools, briefly summarizes a numberof tools and strategies that will be employed- or developed for future employment - to-wards achieving the vision and goals of thiscomprehensive plan. Many of these itemswere developed with the guidance and ap-proval of first, the Implementation SystemsCommittee (ISC), and then, the Action PlanCommittee (APC). These committees of citi-zen planners included members of theShelby County Commission, the PlanningCommission, representatives of municipali-ties, the Shelby County Board of Education,the land development and business commu-nities and the public at large. The ISC andthe APC were convened by the PlanningCommission to evaluate and prioritize thefeasibility, applicability and use of varioustools and strategies proposed for plan imple-mentation. The process also produced a listof action items or action steps, intended toserve as the basis for building the County'scomprehensive plan implementation workprogram. The original list of action itemsthat emerged was subsequently expandedby staff to address issues identified sincethe end of the committee process, consis-tent with the focus of committees and thevision and goals of this plan. This The Ac-tion Plan, follows this next section.

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The ToolsA work program for implementing the

policies of this comprehensive plan will beinitiated subsequent to adoption. The imple-mentation strategies below discuss keyactions that collectively can advance thevision and goals set forth in this plan.Those actions have been itemized underthe heading The Action Plan, which com-pletes this section. Together, The Toolsand The Action Plan, provide general andspecific guidance for the development ofregulations, guidelines, planning initiativesand programs to be implemented in pur-suit of advancing the goals of the plan.

The following tools and strategies havebeen organized under the following sub-headings: Regulations, Incentive Programs,Partnering Public - Public & Private - Pri-vate, and Fiscal Planning & Public Facili-ties. Use of these categories is intendedonly to help the user better understandthe differences in how the tools are in-tended to be employed. No other intentshould be interpreted by this organization,as some of these tools could easily fall un-der more than one category.

Regulations

Zoning and Subdivision Regulations, Gen-erally

Zoning regulations protect and stabilizeproperty values by ensuring that the den-sity, intensity, use, and configuration of landis complementary, compatible, and predict-able. In growth areas, zoning is a criticaltool for ensuring that development is con-sistent with the goals and vision of thePlan.

Subdivision regulations are designedand intended to address the physical at-tributes of land development, such as streetand roadway design and dimensions, blocksize and scale, infrastructure and sitedrainage issues. As place making is firmlyrooted in physical form and function, itfollows that subdivision regulations willplay a critical role in successfully imple-menting the plan, as a tool with signifi-cant potential for impacting developmentpatterns consistent with the vision of theplan.

Shelby County's current zoning and sub-division regulations are conventionallystructured (Euclidean) regulations, man-dating strict separation of use and inten-sity and the virtual prohibition the type ofplace making the Comprehensive Planseeks to promote. The affect of these regu-lations has been the suburban sprawl de-velopment pattern that the ComprehensivePlan seeks to discourage. This is clearlyincompatible with plan implementation.

Zoning and Subdivision Regulations in Un-incorporated Shelby County

The Code of Alabama does not providecounties with zoning authority; without it,virtually no type or intensity of develop-ment can be stopped or mandated, pro-vided it has necessary infrastructure avail-able, such as sewer service. Pursuant tothe Code, all counties are authorized toregulate the subdivision of land. ShelbyCounty has special enabling legislation thatdesignates the Planning Commission (PC)with the authority to develop a "masterplan" and implement subdivision regula-tions in the county's unincorporated ar-eas. However, it provides the PC with zon-ing authority in those unincorporated"beats" (a geographical area) having votedfor zoning following a complicated, publiclyinitiated petition process. Of the 804square miles of land area in Shelby County,54% is un-zoned and unincorporated, whileonly 19% of the unincorporated land areaare zoned. The remaining 27% is in mu-nicipal jurisdictions, all of which is zoned.State law (Section 11-19) provides coun-ties with the authority to enact land-useand control measures, such as zoning andsubdivision regulations and building codes,etc., in non-municipal, flood-prone areas(areas within the 100 year flood plain).This authority has not been acted upon inShelby County.

Often, new development occurs on un-incorporated, unzoned land, as develop-ment seeks the path of least resistance(read: less regulations), ultimately beingincorporated into municipality after receiv-ing development approval. Zoning is thesingle most effective tool for ensuring thatland development follows a path consis-tent with the vision of the plan. Addition-ally, the effectiveness of many of the non-regulatory tools discussed below will be

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significantly reduced in areas having noCounty zoning.

Strategy for Implementation:

The County's enabling legislationprovides for the "control of height, area,bulk, location, and use of buildings andland", through zoning. As previouslydiscussed, most unincorporated landremains unzoned. Clearly, where zon-ing authority exists, those designationsmust be reevaluated for consistency andcompatibility with this plan. Likewise,where zoning is authorized, but notimplemented, such as with flood-proneareas, it must be established, consis-tent with this plan. Finally, for areascurrently unzoned and not in flood-prone areas, the regulatory strategyprimarily relied on for implementationshall be accomplished through relianceon the subdivision regulations.

As subdivision regulations focus onthe planning and design of many of theelements of form and function in a de-velopment, our strategy is to addressthose components not specifically en-abled through zoning -- such as streetdesign and scale, block size, signage,landscaping, parking - through the useof the subdivision authority. Both thezoning and subdivision regulations willbe revised and integrated into a uni-fied land development system, to reflectthe vision of the plan as well as thisstrategy. In combination with otherincentivizing strategies discussed below,this approach represents the best op-portunity for advancing the vision ofthe plan through regulations, withoutzoning in place.

Additionally, the County must con-tinue to pursue all avenues that expandthe County's zoning authority in theunincorporated area. This includes ex-ercising the County's statutory author-ity to enact land use control measuresin unincorporated, flood-prone areas, asdefined by the 100-year flood plan.However, the results of the recent Up-per Cahaba Watershed Study suggestthat the current practice of regulatingdrainage in-flow and discharge on a site-specific basis is not adequate, as all newdevelopment upstream in a watershedaffects all land downstream in the ag-

gregate. Consistent with the holistic,one-system philosophy underpinningthis plan, a question has arisen thatsuggests that this contemporary devel-opment practice of considering impactsin relative isolation, may have renderedthe 100-year flood plain a "moving tar-get", and further study is warrantedto determine whether this is true, and/or what the current extent of the 100-year flood plain is.

Further, as the ability to mandatethese implementing regulations is sig-nificantly restricted, our implementationstrategies are most focused on achiev-ing voluntary participation by offeringvarious incentives in exchange for com-pliance with the vision of the plan.Project developers will continue to havethe right to develop under the conven-tional regulations that they have becomeaccustomed to. However, those regula-tions and processes will become in-creasingly complicated and time con-suming, as additional regulations, suchas open space clearing and grading (seebelow), and additional time for staff re-view are incorporated.

Processing fees will be evaluated tomore accurately reflect the County'sprocessing costs, and the fee structurerevised accordingly. As a result, feeswill likely be markedly higher and theprocess lengthier, and among the in-centives to be offered for implementingthis plan, will be reduced or waived feesand streamlined review and process-ing as the preferred development sce-nario of this comprehensive plan;projects choosing conventional process-ing will not be eligible for these ben-efits.

Clearing & Grading Regulations

Shelby County currently does not regu-late the clearing, grading or other alter-ation of land from its natural or historicalcondition. Notwithstanding the impacts ofunregulated mass clearing and grading onneighboring and "down-stream" proper-ties, such disregard for the natural, his-torical, aesthetic and other less tangibleassets of the land is clearly incompatiblewith the vision and goals of this compre-hensive plan.

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Clearing and grading regulationsmust be developed and adopted thatensure the continued functional integ-rity of the County's green infrastruc-ture. The intent is to regulate any actof removal, destruction or physical al-teration of vegetation, soil and rocksby mechanical or chemical means.Such activity will be required to receivea Clearing Permit from the County. Fur-ther, if the proposed clearing is associ-ated with a legal subdivision, then thepermit would only be granted upon ap-proval of the preliminary plat. Certainactivities such as mowing, or normalcultivation associated with an agricul-tural or forestry operation are to beexempted from these requirements.

Conservation Subdivision Regulations andConservation Easements

The conservation subdivision is amechanism for preserving green infra-structure by clustering a site's overall de-velopment potential, into areas having theleast amount of impact on the system ofgreen infrastructure. Density bonuses maybe used in unzoned areas, to encourageuse of the technique, and rural designguidelines will be required for master plandevelopment, consistent with the plan.

The Code of Alabama defines a conser-vation easement as:

A nonpossessory interest of a holderin real property imposing limitations oraffirmative obligations the purpose of whichinclude retaining or protecting natural,scenic, or open space values of real prop-erty, assuring its availability for agricul-tural, silvicultural, forest, recreational, oropen space use, protecting natural re-sources, maintaining or enhancing air orwater quality, or preserving the historical,architectural, archaeological, paleontologi-cal, ore cultural aspects of real property.(§ 35-8-1, Code of Alabama)

This type of easement can be used forprotecting the less tangible natural or cul-tural value of land by limiting activitiesthat reduce that value, and as with anyeasement, it runs with the land. Conser-vation easements can be donated or pur-chased. Donors can receive significant

tax benefits for the development value ofthe donated land or easement. Farms maycontinue to be lived on and farmed, whilethe farmer or land owner enjoys a reducedproperty tax burden reflective of the post-easement, agriculture-only use of the site.The easement may be transferred to a landtrust or non-profit, such as the FarmlandTrust or Nature Conservancy, for manage-ment, or to a homeowners association, suchas with development of a conservation sub-division where the conserved land becomesa cooperatively owned feature or amenityof the residents of the new conservationsubdivision.

Again, the effectiveness of this tool inunzoned areas will be hindered by theCounty's inability to deny certain activi-ties, forcing a greater reliance onincentivization packages for successfulimplementation. That notwithstanding, thewide applicability, flexibility, and voluntarynature of this powerful tool, provides manyopportunities for its use with other incen-tive based strategies discussed in this sec-tion, ensuring that conservation easementswill be a prominent tool in the drive to-ward successful implementation of thisplan.


A conservation subdivision compo-nent shall be incorporated into the sub-division regulations. Development un-der these regulations, shall involve closecooperation with staff, and follow a pro-cess that begins with a comprehensivesite analysis that identifies and mapsprimary conservation areas, (undevel-opable land such as flood-zones, steepslopes, wetlands and other sensitive eco-systems), and secondary conservationareas (developable land such as woods,farms and pasture, view-scapes andother rural features). Once the conser-vation areas are identified, streets,roads, civic sites and green spaces areto be laid out in the remaining primarydevelopment areas, following rural de-sign guidelines (see below), in harmonywith the system of green infrastructure.Homes and buildings are then com-pactly distributed about the frameworkof streets and parks, following placemaking guidelines consistent with thisplan, with lot lines being drawn only

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once the buildings are sited. Conserva-tion easements will be utilized to en-sure the protection of the final con-served portion of the subdivision.

Conservation subdivisions shall in-clude no less than the number of resi-dences that would be allowed undercurrent zoning and subdivision regula-tions, the entitlement minimum of onedwelling unit per 10 acres, or as wouldotherwise be developable under the con-ventional regulations. In some cases,particularly in unzoned areas, additionalunits (density bonus) may be allowedto encourage use of this technique. Thistool is most effective with parcels oraggregations of 40 acres or more.

Community Design Manual/Rural DesignManual

Maintaining the rural characteristicsvalued by County residents requires a com-prehensive approach that always beginswith the preservation of green infrastruc-ture, and includes design controls thatensures that rural places are rural. ACommunity Design Manual (CDM) or Ru-ral Design Manual (RDM) is a tool for pro-viding design standards and criteria fordeveloping a community master plan.These are "form-based" regulations, fo-cused on achieving the physical charac-teristics necessary for successful placemaking. The look and layout of a street iscarefully controlled to reflect desired neigh-borhood scale, parking standards, and pe-destrian accessibility, while allowing build-ing owners and occupants maximum flex-ibility to determine how the buildings willbe used. These guidelines or regulationswill be "scale sensitive", with sufficientflexibility for use in guiding the design ofa town center or a hamlet. Land use dis-tribution is secondary and intuitive, asmarket demand, as well as the contextand scale of the place, will dictate the ap-propriate use mix.


An illustrated Community DesignManual (CDM)/Rural Design Manual(RDM) will be developed and imple-mented that provides the necessarystandards and criteria for proper ru-ral place making, consistent with Com-munity Design (Manual) section of this

plan. This manual will guide all facetsof site design, including initial site evalu-ation (natural and cultural resources),opportunities and constraints analysis,transportation, street and block design,public spaces and buildings, the rela-tionship of the community to the sur-rounding countryside, and architecturalthemes appropriate for the setting. Thesubdivision and zoning regulations willbe revised to incorporate rural designguidelines consistent with this plan.Developments taking advantage of thevarious incentive programs describedin the plan, such as TDRs (see below),density bonuses and conservation sub-divisions, will be required to use theCDM/RDM. In unzoned areas, incen-tives will be must be sufficiently attrac-tive to motivate the willing participa-tion of land owners and land develop-ers in order to fully realize the County'sgoals of protecting and maintaining itsrural characteristics and functionalsystem of green infrastructure.

Master Plans/Area Plan

Area plans are specific land use plansfor larger areas, which are broadly focusedon seeking balance between growth ab-sorption and green infrastructure andidentifying locations and types of places,their connections and interrelationships.They are intended to guide growth anddevelopment over an extended time period,or in several phases.

Master plans are more focused on thedevelopment of particular places, and thephysical form and design required for cre-ating walkable and livable communitiesconsistent with Community Design Manual(CDM) and the vision of this comprehen-sive plan. They are essentially special-ized site plans, providing more detailedguidance for site development with regardto the placement and dimensions of streets,blocks, open spaces, civic buildings, sitesand features, which together shape thephysical form of the community.


The County will develop a processfor developing area plans and masterplans as part of the land developmentprocess. Using the place designationsindicated in the Strategic Development

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Plan Map (SDPM) as a guide, area plansand subsequent master plans are to beprepared, consistent with the goals andobjectives of this plan. SDPM locationshave been identified largely from thehistoric locations of villages, hamlet andcrossroads, and particularly those thatcontinue to provide a community-cen-tric service or focal point, such as thoseexhibiting relative concentrations ofstores and/or churches and/or resi-dents, as well as intersecting, inter-lo-cal transportation corridors. However,though priority exists to support effortsto develop place making master plansat existing, historic locations, othernearby lands that possess acceptablelocational characteristics, consistentwith the goals and policies of this plan,may be substituted. Again, without theavailability of the most compelling regu-latory tool - zoning - access to incen-tives including reduced fees, streamlinedapproval processing, increased densi-ties and intensities beyond entitlement,targeted public investment in infrastruc-ture, roads, community buildings, facili-ties and services, will be associated withthe preparation or participation in anarea planning/master planning effort.

Preparation of an area plan will betriggered at the time a place makingproject is proposed consistent with thisplan. The area plan process will seekfirst to identify a "hinterland", or ser-vice area, for the proposed community.The hinterland should encompass anarea of land roughly equal to the landarea that would be consumed shouldthe area be developed in conventionalsubdivisions, accounting for all non resi-dential uses that would be generated toserve those subdivisions. This is es-sentially a Yield Plan (see conservationsubdivisions, above) in reverse, wherethe units (rooftops) required to supportthe type and scale of retail activitiesexpected in the community is backedinto acreage using typical suburbanyields for the area. This also estab-lishes the base, or entitlement, densityfor the plan area.

Once this area is determined andmapped, other conditions affectingdevelopability, such as steep slopes, floodplains, the transportation network and

proximity to other communities of place,are accounted for before establishingthe final hinterland boundary. The vi-ability of each place is a high priority,so the final hinterland should be am-ply expansive to assure that the pri-mary center is sufficiently dispersedfrom other similar type and scale cen-ters as to assure each center's viabil-ity as self contained communities ofplace. Each plan area may have onlyone primary center, and its hinterlandshould avoid substantial overlap withthose of adjacent places of the sametype and scale. Along with the primarycenter, an area plan may include a num-ber of subordinate centers as warranted,sufficiently dispersed about the hinter-land to assure their own viability.

After establishing the boundaries forthe hinterland, the natural and culturalresources (green infrastructure & ru-ral landscape) in the area must bemapped. These lands will be prioritizedfor preservation, through the use ofconservation subdivisions, and as thesending areas from which transferabledevelopment rights (TDRs - see above)are to be acquired (for transfer to themaster planned places of the area plan).A successful area plan will accommo-date most (upwards of 75%) of its de-velopment within the core and focusarea of its center(s), with the balanceseamlessly woven into the rural land-scape.

The mapping of primary conserva-tion areas also yields the most suitabledevelopment sites. Detailed masterplans will be prepared for each centerlocated within the boundaries of thearea plan, consistent with the "form-based" Community Design Manual/Ru-ral Design Manual (CDM/RDM) and theplace making policies of this plan. Eachcenter shall have the greatest densityand mix of uses at its core, with inten-sity and scale transitioning to ruralalong a transect (or continuum of in-tensity, scale and design) into the Ru-ral Landscape. A well connected net-work of streets and pedestrian paths,concentration of commercial, institu-tional and civic facilities and spaces inand around the core, generous provi-sion of neighborhood scale green space,

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and a reasonable diversity of unit typesand affordability throughout, are pri-orities for development of place makingmaster plans.

Each master plan shall be preparedto accommodate twenty years growth,with an automatic evaluation triggeredafter 15 years to determine whetherand how additional growth or intensifi-cation should be accommodated at thesecenters. If warranted, the master planshall be revised to accommodate newgrowth, by providing for additional in-tensification around existing core ar-eas, as well as through extending thestreet grid and adding new neighbor-hood centers warranted. A determina-tion that a particular center is ap-proaching its desired maximum sizeand scale in the face of a need to ac-commodate additional growth, is an in-dication that new communities of placeare needed, and should be sought andestablished accordingly, following thesearea plan and master plan guidelinesor their contemporary equivalents.

Criteria and performance standardsshall be developed for: guiding centerlocation; for ensuring the sustainabilitygreen infrastructure; for ensuring theviability of master planned places; forestablishing the relationship betweenplace making master plans and theirsurrounding green infrastructure andrural landscape; for ensuring that placemaking design is consistent with thecontext and scale of its location; to en-sure the adequate, appropriate and com-patible diversity and distribution of usesin place making master plans; to en-sure and fair, equitable and functionaldistribution of housing affordability; toensure that rural roads remain ruralroads; to ensure manageable, efficientand cost-effective provision of infrastruc-ture and services by local governmentsand service providers; to ensure thewilling participation of land owners andland developers in the process of suc-cessful place making; and to ensure in-clusion or incorporation of all of theconditions and characteristics neces-sary for successful place making withinin a Rural Landscape of functioningGreen Infrastructure.

Incentive Programs

Generally

Shelby County will pursue authoriza-tion for, develop and/or implement any toolor mechanism having a reasonable poten-tial to facilitate development and conser-vation practices and activities that advancethe vision and goals of this plan. As dis-cussed above, the use of traditional regu-latory tools is limited by state law. Conse-quently, successful implementation of thiscomprehensive plan will require the cre-ative application of non-traditional strate-gies, seeking to spur voluntary compliancewith the goals and policies of this plan.

Following are discussions of a numberof incentive driven mechanisms having thepotential to help Shelby County achieveits vision and goals, as expressed in thisplan. Some of these tools are related toregulatory processes, and have been dis-cussed to some extent above in the con-text of their applicability for use with thosetools. These are incentive driven tech-niques that seek to reward participants(land owners, developers, municipalities),with density bonuses, streamlined process-ing, reduced fees, etc, in exchange for theiradherence to the goals and policies of thisplan.

Transferable Development Rights/DensityBonuses

In its essence, the transfer of develop-ment rights (TDR - aka purchase of devel-opment rights - PDR) is the removal (ortransfer) of the right to develop or build,from one lot or parcel to another, or froma portion of a lot to another part of thesame lot. It is expressed in dwelling unitsper acre or an equivalent non-residentialequivalency of 1,000 square feet per dwell-ing unit. Areas to be preserved or pro-tected from development are designatedsending areas in the comprehensive plan.Villages, hamlets, infill areas and other lo-cations designated by the plan as appro-priate for higher densities or intensities,become the receiving areas. Conservationeasements (see above) are established onthe sending property, and run with theland. The land owner may continue tolive on and use the property as before (e.g.:preserved farmland may continue being

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farmed), with a reduced tax burden re-flective of his new conservation status.

The use of TDRs represents a poten-tially powerful tool for implementing thevision of this plan. Currently, there is nospecific authorization of TDRs in the Codeof Alabama, so there is no specific prohi-bition of their use. However, as countiesdo not enjoy the right of presumptive au-thority, as do municipalities, enabling leg-islation will likely be required to fully imple-ment a TDR program. Additionally, thelack of zoning authority makes it difficultto establish base development densities onthe land.

Despite these apparent difficulties, op-portunities may exist to facilitate the vol-untary transfers of development rights be-tween willing partners, using density bo-nuses to incentivize participation in a TDRprogram. A density bonus is an additionalallotment of dwelling units or non-residen-tial floor area which exceeds the other-wise maximum density/intensity for a po-tential development site, in exchange forsome other public goal being met, such asconserving green infrastructure or provid-ing affordable housing.


Resources designated as Green In-frastructure (GI) or Rural Landscape(RL) on the Strategic Development PlanMap (SDPM), constitute the sendingareas consistent with this plan. Amethodology for determining a realisticentitlement density or the otherwisemaximum development potential of landunder existing regulations will be de-veloped. Such methodology shall usezoning (where it exists), proximity tocritical infrastructure, relative locationto growth corridors and other appro-priate factors that affect developmentpotential, in determining developmentpotential. An entitlement density of noless than one dwelling unit per tenacres shall apply.

A system of density bonuses will bedeveloped based on the relative desir-ability of lands for conservation andfor development, and applied accord-ingly, in order to incentivize the trans-fer of development rights from GI andRL designated lands, to designated pri-ority villages and hamlets. The initial

implementation strategy calls for allow-ing the conventional development ofsending areas (ie: GI or RL designa-tion) to occur at entitlement densities,or alternatively, offering a density bo-nus beyond that density, for transferonly. Once a conservation easement isin place, the development rights (includ-ing bonus units) "float", to be trans-ferred, traded or sold to another partyfor use in a SDPM designated centermaster plan, consistent with this plan.

Center/receiving areas will have abase density/intensity appropriate fortheir location, again based on the vari-ous factors affecting development po-tential following the conventional, sub-urban pattern. A master plan will berequired to be developed following ap-propriate place making design guide-lines, before a site can receive TDRs,with a minimum density entitlement inplace. This center will be "magnetized"to attract TDRs, by encouraging greaterdensities/intensities, only through theuse of transferred development rights.

Land Trusts

Land Trusts are local, regional, or state-wide nonprofit organizations whose pri-mary goals are the protection of natural,scenic, recreational, agricultural, historic,or cultural property. They work to preserveopen land and resources that are impor-tant to the communities and regions inwhich they operate, and are able to re-spond rapidly to conservation needs. Landtrusts can acquire land through purchaseor donations, secure conservation ease-ments, manage the lands or easementsunder their stewardship, as well as part-ner with each other, private or govern-mental entities involved in land conserva-tion.


To ensure the maximum effective-ness of conservation easements, TDRsand other conservation and preserva-tion tools, the County will establish ap-propriate relationships with existingconservation land trusts, such as theAmerican Farmland Trust, the NatureConservancy, or the Black Warrior-Cahaba Rivers Land Trust, for the pur-pose of receiving and managing con-servation easements and lands. Shelby

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County may also consider establishinga local land trust.

Partnering Public - Public &Public -- Private

Joint Land Use Management Areas/Inter-governmental Agreements

A Joint Land Use Management Area(JLUMA) is a multi-jurisdictional (County,Cities, School District, etc.) area designatedfor joint, planning and land development.The purpose of the JLUMA is to enable aunified planning and land developmentprogram across an area of multiple juris-dictions. Through an IntergovernmentalAgreement (IGA), participating entitiesagree to synthesize their planning and landdevelopment activities under a commonlydeveloped area master plan. Again, thepotential effectiveness of this tool is lim-ited by the statutory limitations on Countyzoning, which restriction does not existfor municipalities. Therefore, to fully re-alize the potential of this tool, legislativeaction will be necessary to ensure theCounty, municipalities, and other govern-mental entities have the full authority nec-essary to develop and execute such agree-ments.


Shelby County will pursue all oppor-tunities to develop JLUMAs with willingmunicipalities and/or the Board of Edu-cation, in pursuit of the advancementof the vision of this plan. In exchangefor agreement to conduct and enforce aunified, multi-jurisdictional planning andland development program in the sub-ject area, consistent with the goals andpolicies of this plan, the County will com-mit its planning staff and resources to-wards administering the planning area,seeking and acquiring grants and otheroutside funding sources.

Furthermore, the extent to which aJLUMAs/IGAs advances vision andgoals of the plan, will directly impactthe prioritization of capital investmentsin public facilities, such as roads andinfrastructure, as well as other com-munity facilities such as communitycenters, parks and recreation facilities,and schools. The County does not in-tend to enter into or support JLUMAs

that advance conventional developmentpatterns that are inconsistent with thegoals and policies of this plan.

Tax/Revenue Sharing

A large obstacle to achieving the levelof intergovernmental cooperation and co-ordination being advanced by this plan isthe intense competition among neighbor-ing municipalities for tax revenue. It isdifficult for one community to say "no", toa proposed development that does not con-form to its vision and plans, when approvalwould include a desirable addition to itsrevenue stream, and a neighboring com-munity is willing to say "yes", regardlessof what its own plan says, if it has a planat all. Coordinated planning among neigh-boring communities yields better planningresults generally, as well as leading to"win/win" land development practices.

The concept of tax or revenue sharinghas the potential to mitigate the "cut-throat" competition for revenue. By low-ering or eliminating the competition forrevenue, inherently multi-jurisdictional is-sues such as transportation and conser-vation that cannot be solved unilaterally,can be addressed and solved comprehen-sively and equitably. A metropolitan area-wide system is ideal and potentially themost effective scale for revenue sharing.A county-wide program would have themost potential for advancing the goals ofthis plan in Shelby County. More likely, isthe development of a revenue sharing com-ponent of a JLUMA IGA.

Simply put, a fair revenue sharing agree-ment would have participating governmentscommit some portion of their revenuestream into a common fund. Those fundswould then be apportioned for use in ad-dressing the common goals of the agree-ment, such as JLUMA planning implemen-tation, and/or transportation or conser-vation priorities. Such agreement wouldalso include a redistribution of a portionof the common funds back to the membergovernments following some proportionateshare model. The pooling of resources al-lows the members to apply economies ofscale towards achieving more effective andefficient solutions to those problems thatcan't be solve unilaterally. Having eachmember sharing in the largesse of all themember governments, provides a poten-

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tially powerful incentive for cooperativeand effective planning; in contrast the sta-tus quo promotes an "every man for him-self" reality that ultimately will live all ofthe players less well off.


The County will promote the devel-opment of tax sharing arrangementsas a component of JLUMA agreements.Such agreements are seen as criticalfor reducing the type of contentiousintergovernmental relationships thatplague efforts to achieve effective andcomplementary planning in multi-juris-dictional areas.

Adequate Public Facilities Ordinance

An Adequate Public Facilities Ordinance(APFO), is an ordinance that ties or condi-tions development approval to the avail-ability and adequacy of public facilities.Adequate public facilities are those facili-ties relating to roads, sewer systems,schools, water supply and distribution sys-tems and fire protection. The location,amount, type or mix of development is aproduct of the comprehensive plan, asimplemented through zoning, subdivision,or other land development regulations. AnAPFO paces growth by affecting the tim-ing of development to ensure that it ismatched with the availability and adequatecapacity of public facilities as indicated bythe 5 year Capital Improvement Plan.Adequate capacity means that sufficientcapacity in the facility exists, such thatthe absorption of the additional impacts ofa proposed project will not reduce the levelof service currently being enjoyed by ex-isting users.

The successful implementation of anAPFO requires a coordinated, multi-juris-dictional effort on the part of neighboringlocal governments. All municipalities orservice providers in a particular area mustagree to condition or phase zoning andland development approvals to the avail-ability of planned facility improvements tobe successful. If nearby municipalities arewilling to waive or "green light" projectsin advance of facility availability, then thegoals of arresting sprawl and controllingpublic budgets can not achieved with thistool. Therefore, the ideal ordinance wouldbe implemented through an IGA that in-cludes all of the county's local governments

and the School Board, and may or maynot involve a JLUMA. Again, the potentialeffectiveness of this tool is limited in ar-eas lacking zoning.


The County will promote and seekthe development of an Adequate PublicFacilities Ordinance, involving as manyof the County's municipalities and theSchool Board as possible. Additionally,adequate public facilities requirementsshall be given a high priority for inclu-sion in intergovernmental agreements(IGAs) when establishing Joint Land UseManagement Areas (JLUMAs).

Fiscal Planning & PublicFacilities

Funding, Generally

As has been emphasized throughout thissection, successful implementation of thisplan will rely heavily on providing incen-tives to land owners and developers. Someof those incentives will necessarily requirefunding, so funding must be available forimplementation.

Many Federal programs and privatefoundations promote conservation devel-opment practices, environmental protection,agricultural preservation, housingaffordability, alternative transportationoptions, and brownfield development, byproviding grants, low interest loans andother financial assistance to projects ad-vancing those goals. Access to these fundsusually requires matching funds on thepart of a government or non-profit agency,as well as documentation that demonstrateshow the subject project meets the require-ments for receiving these funds. Most de-velopment scenarios favored by this planwould qualify for at least some of this typeor funding. Therefore, Countyincentivization strategies should includeseeking and acquiring any such fundingopportunities, thereby magnifying the im-pact of each County tax dollar spent to-wards successful plan implementation.

For this type of proactive implementa-tion strategy to be effective, a dedicatedsource of funding must be established andreadily available for inclusion in incentivepackages that will be developed on a caseby case basis. While some funding may be

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secured as County budgets arereprioritized for consistency with this plan,this is not likely to yield the levels of fund-ing necessary to be truly effective. There-fore, the County must consider committingadditional funds to the implementation pro-cess, such as through the imposition ofadditional fees or by selling bonds.

A number of additional mechanisms arepotentially available for funding projects,such as Capital Improvement CooperativeDistricts, Alabama Improvement Districtsand Tax Increment Districts. With each,specific districts can be established for thepurpose of financing capital improvementswithin its boundaries. Tax Increment Dis-tricts may have the most applicability forplan implementation. Capital improve-ments are financed by capturing the in-creased revenue generated by the prop-erty taxes for the increment of increasedproperty (relative to its pre-existing basevalue) that results from the capital im-provements funded through the district,over a period of time.


The County will establish a dedicatedsource of funding for implementationprograms. These resources will be al-located specifically for funding plan ini-tiatives and implementation mecha-nisms largely through targeted or pri-oritized capital spending and the Capi-tal Improvements Plan. Where eligible,the County will leverage additional fundsfrom all federal, state and/or privatefunding programs, for which favoreddevelopment projects and initiatives ofthis plan qualify.

The County may secure these imple-mentation funds by evaluating existingbudgets and priorities against the goals,objectives and policies of this plan, re-vising existing fee structures, as wellas seeking additional funds through thesale of bonds or other funding mecha-nisms, such as Tax Increment Districts.

Capital Improvement Program/Plan, Pri-ority funding

The Capital Improvement Plan/Program(CIP) is a program of scheduled capitalfacility improvements, which schedulespermanent improvements for a minimumof five years in the future, consistent withthe County's projected fiscal capability. The

program is reviewed and revised annu-ally for conformity and consistency withthe comprehensive plan. Prudent plan-ning also suggests maintaining a longerrange version of the CIP that is consistentwith the planning horizon of the compre-hensive plan.


A continuing theme throughout theplan and this section, centers on theCounty's lack of full statutory authori-zation to use zoning to implement thevision and goals of this plan. As a con-sequence, much of the emphasis in thissection has been on the County's in-tention to develop creative and uncon-ventional mechanisms for incentivizingproperty owners and land developersinto developing projects that implementthe plan. Additionally, as land develop-ment activity is heavily dependent onthe existence of publicly funded infra-structure, the CIP and the comprehen-sive plan must be consistent if theplan's vision is to be advanced.

In the past, public facility develop-ment has only occurred in response todevelopment and the drive to "keep up"perpetually plagues budget-challengedlocal governments and school boards.Therefore, with the most compelling toolsfor plan implementation unavailable, theCounty will use its capital facility spend-ing as an implementation tool, with theintention of funding only those capitalimprovements that are compatible andconsistent with plan implementation, tothe fullest extent allowed by law. Thisincludes all transportation projects, pub-lic facilities such as community/seniorcenters and libraries, parks and recre-ation facilities, water and sewerprojects, as well as any participationin school development as might resultfrom future IGAs. Additionally, consis-tent with the plan's countywide visionof a community of communities, theCounty intends to use its capital spend-ing to promote place making in munici-palities, where possible.

Shelby County will prepare, and an-nually revise, a 5 year Capital Improve-ment Plan for all County funded capitalimprovements. Each item in the CIPmust be determined consistent and com-

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patible with this comprehensive planduring the annual revision process. TheCounty's capital improvement budgetmust therefore, be consistent with theCIP.

Consistency and compatibility of aproposed capital expenditure with thecomprehensive plan shall be determinedby evaluating the relationship of theexpenditure to the objectives and poli-cies of this plan, and/or the location ofthe project relative to the Strategic De-velopment Plan Map (SDPM). Depart-ments proposing capital expendituresmust coordinate with Development Ser-

vices staff to determine appropriateapplicability. Should a proposed expen-diture appear consistent with the plan,but find that no supportive policy ordirective exists, an appropriate revisionor amendment of the plan may be war-ranted. Such CIP item should not beincluded in the 5 year plan until thecomprehensive plan has been success-fully amended accordingly. Final ap-proval of plan amendments shall bemade by the Planning Commission, re-lying on a demonstration that the pro-posed amendment advances or supportsthe vision and goals of the plan.

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The Action PlanAs discussed previously, a number of

action items have been developed withthe guidance and direction of first, theImplementation Systems, and then theAction Plan Committees (ISC & APC, re-spectively), to provide direction for planimplementation activities. These commit-tees of citizen planners were convenedby the Planning Commission to evaluateand prioritize the feasibility, applicabilityand use of various tools and strategiesproposed for use in plan implementation,and develop a list of action items for planimplementation. The list of action itemsthat emerged was subsequently expandedby staff to address additional issues, con-sistent with the focus of committees, andthe vision and goals of this plan. A planimplementation work program will be ini-tiated subsequent to adoption of this plan,following the guidance and direction pro-vided by The Action Plan, for developingregulations, guidelines, planning initia-tives and programs that advance the vi-sion of this comprensive plan.

The action items have been organizedfollowing the same organization as theprevious section: Regulations, IncentivePrograms, Partnering Public - Public &Private - Private, and Fiscal Planning &Public Facilities. Use of these categoriesis intended only to help the user betterunderstand the differences in how theactions are intended to be employed. Noother intent should be interpreted by thisorganization, as some of these actionscould easily fall under more than onecategory.

Regulations

Incorporate all development regula-tions and review processes into asingle, unified development review sys-tem, consistent with the goals, objec-tives and policies of the Comprehen-sive Plan.

Revise the scope of the zoning regula-tions to remove items not required tobe included the enabling legislation.

Revise the scope of the subdivisionregulations to include all componentsof land development regulations not

mandated for inclusion in the zoningregulations.

Develop and implement a separate LandDisturbance Ordinance, applicable to allunincorporated lands in Shelby Countywith appropriate penalties, and consis-tent with the goals, objectives and poli-cies of this comprehensive plan.

Develop and implement a process forcreating specific area/sector plans, foruse in County initiated planning efforts,joint planning efforts with other localgovernments and for developing specificmaster plans with developers seekingto implement the goals of the Compre-hensive plan.

Develop appropriate performance crite-ria for siting and locating communitiesof place, and assuring their proper de-velopment and long term viability, con-sistent with these guidelines and thegoals, objectives and policies of this com-prehensive plan.

Develop and implement revisions to theexisting Development Services admin-istrative fee structure and proceduresthat more accurately reflect the actualcosts.

Establish zoning authority and appro-priate zoning designations in unincor-porated areas falling within the 100year flood-plain.

Develop standards for utilization anddevelopment of land adjacent to or con-tiguous with any land in the proximityof a waterway which provides drink-ing water or is considered a floodway,an environmentally sensitive stream,waterways, lake, river, etc.

Map the current boundaries of the 100-year flood plain, and evaluate the ef-fect of unplanned and uncoordinatedland development,

Develop and implement a program de-signed to educate the public on whatzoning can and can't do.

Request that the Shelby County Com-mission begin exploring appropriatezoning options for effective growth man-agement with the Shelby County Legis-lative Delegation.

Require the use of conservation ease-ments for ensuring the conservation or

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preservation of green infrastructure asresults from development of a conser-vation subdivision, or any other mecha-nism for land preservation.

Establish a program for the reclama-tion and appropriate redevelopment ofunused or abandoned quarries, mines,refuse piles, gas wells, pits andbrownfields.

Develop an historic preservationprogram(s), ordinance(s), and incen-tives that protect buildings, sites anddistricts of historical, architectural andcultural significance.

Develop and enact a countywide accessmanagement plan to alleviate conges-tion.

Prepare an overview and analysis ofthe way that affordable housing initia-tives in the County in relationship tothe comprehensive plan.

Develop and implement a transit planconsistent with regional mass transitefforts and the goals and policies of theComprehensive Plan.

Develop and adopt roadway design stan-dards necessary to create the compact-walkable developments prescribed bythis plan.

Develop and implement a sidewalk planto provide for a network of pedestrianmobility facilities throughout communi-ties, especially in residential, mixed use,and school areas.

Incentive Programs

Determine the feasibility of developinga tranfer of development rights (TDR)program in Shelby County.

Develop and implement a program withincentives for encouraging the preser-vation/ conservation, and/or sensiblemanagement of the County’s green in-frastructure resources.

Develop relationships with appropriatelocal or regional land or conservationtrusts, or seek establishment of a ShelbyCounty Land Trust.

Develop and implement a proffer sys-tem process to encourage developersand/or landowners to donate land forschools or other public facilities.

Develop and implement an incentivepackage of information technology, in-cluding GIS, fiber optics, and wirelessnetworks to advance the developmentof activity centers and placemaking.

Partnering Public - Public &Private - Private

Develop and implement a Joint Land UseManagement Area (JLUMA) program tofacilitate and encourage multi-jurisdic-tional (sector) planning.

Research and develop revenue/tax shar-ing strategies for inclusion as part ofJLUMAs or Intergovernmental Agree-ments (IGAs), to mitigate conflict be-tween parties participating in a JLUMAplanning district.

Pursue the development and implemen-tation of an Adequate Public FacilitiesOrdinance. Proposed infrastructureexpansion shall be included in the Capi-tal Improvement Plan, adopted consis-tent with this comprehensive plan.

Develop an agreement with the prop-erty owners to master plan the CahabaRiver Wildlife Management Area to per-manently protect a significant portionof that resource.

Develop and implement a program forestablishing wildlife corridors from pub-lic lands such as Oak Mountain StatePark.

Assist businesses in finding space forexpansion and start-ups within ShelbyCounty.

Explore more effective methods of deliv-ering tourism activities that supportplacemaking, consistent with the com-prehensive plan.

Provide planning services to municipali-ties and communities such as planninggrants and/or the support of membersof the County planning staff to advancethe development of activity centers andplacemaking, consistent with this plan.

Develop program materials and agree-ment templates for communicating theintent and merits of the JLUMA pro-gram to the various municipalities andother applicable governmental agencies.

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Evaluate the statutory implications ofsuch agreements, and develop appro-priate legislative remedies as necessary.

Cultivate positive working relationshipswith the elected officials and staffs ofShelby County’s local governments andthe School Board, and advocate to thosecommunities and entities, the benefitsof implementing development strategiesconsistent with this plan.

Evaluate the statutory implications ofimplementing an APFO, and develop ap-propriate legislative remedies as nec-essary.

Study the needs of seniors, i.e. livingquarters, activity facilities, walkablecommunities, and transportation needs.

Fiscal Planning & PublicFacilities

Establish a dedicated revenue sourcefor the specific purpose of funding com-prehensive plan implementation initia-tives, programs and projects, particu-larly for capital projects targeted toadvance place making, consistent withthis plan.

Evaluate applicability of using Tax In-crement Districts, Capital ImprovementDistricts, Alabama Improvement Dis-tricts, or any similar mechanisms thatmay be available, to fund capital im-provements for advancing plan imple-mentation consistent with this plan.

Commission a study to determine an al-ternative fee structure for the capitalfacilities necessary to advance the goalsof the Comprehensive Plan. This studyshall be a collaborative project coordi-nating efforts with the Partnership,which represents the interests of gov-ernments and business, the ShelbyCounty Legislative Delegation and theCounty.

Further refine the County Capital Im-provement Plan/Program for managingthe expenditures, resources, design, andlocation of capital facilities consistentwith the goals and vision of the plan.

Develop and implement a County Trans-portation Plan.

Develop and periodically update a fis-cal plan that identifies diverse meth-ods and sources of revenue and estab-lishes public policy for funding the de-velopment, expansion, and maintenanceof infrastructure, land preservation, andother County programs and activities

Continue developing recreational andcommunity amenities/facilities through-out the County, only when advancingthe goals and policies of the plan.

Explore expanding public sites to en-hance the viability of public transpor-tation, consistent with the comprehen-sive plan.

Develop and implement a rail gradeseparation program to identify at graderailroad crossings and plan for theirimprovements and/or reductions.

Develop an intergovernmental mainte-nance study of infrastructure capacity,allocated capacity, and anticipatedgrowth to ensure adequate facilities tomeet the future demand.

Research the feasibility of developingalternative energy producing technol-ogy for both county and private facili-ties.

By FY 2007, the County’s Capital Im-provement Budget shall be consistentand compatible with the CIP adoptedconsistent with this plan.

Part IV Implementation Systems - shelbyal.com

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Transcript of Part IV Implementation Systems - shelbyal.com