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October-December 2000 PlanningNewsletter of the Connecticut Chapter of the American Association SPRAWL: What Can We Do About It In Connecticut? by Christopher J. Smith, Esquire

prawl. Most of us have an idea of runaway effects. I suggest that education what sprawl means. However, defin- is the primary weapon required to con- ing sprawl in two sentences or less front sprawl successfully. Educating soci- often leaves one feeling that one has ety about the significant adverse effects of Smore to say. Perhaps the best way to de- sprawl on our human environment, the scribe sprawl, to paraphrase a United urgency for action, and the tools available States Supreme Court Justice when defin- to address sprawl, is the critical first step. ing pornography, is: “Sprawl…It’s diffi- Once one understands the problem and cult to define, but I know it when I see possible solutions, one is more open- it.” Everyone recognizes that sprawl is a minded and tolerant of required change, Register today for the problem. However, until society appreci- and more willing to contribute to the so- Regional Conference ates the indirect costs associated with lution. sprawl, efforts to effectuate policy and The article first addresses the problem in New Haven on legislative shifts may be challenged, or, at of sprawl, and then discusses how best to October 19-20! minimum, require great perseverance. educate communities about effectuating There have been numerous seminars, meaningful changes and implementing t is not too late to sign conferences, articles and entire books on possible solutions. Iup for the 2000 NEW sprawl. What is ENGLAND PLANNING perceived by Education: CONFERENCE, October some as the so- the Critical 19 and 20 in New Haven. lution to the First Step Two full days of sessions, problem of Once again, mobile workshops, and a sprawl — smart we know it big party are waiting for growth, or the when we see it more efficient — and we see it you at the Omni Hotel in growth manage- everywhere. New Haven. Topics cover ment of our hu- But, let’s go to all of the hot button issues man environ- the next level we deal with daily. See the ment — has — what are green brochure you re- risen to the top causes and ef- ceived in the mail a few of many agen- fects of sprawl weeks ago for more infor- das. Indeed, one that adversely mation. Or call Sally can’t go to a planning conference (or pick impact our day-to-day human environ- Pickett at (860) 236-1013, up a planning newsletter such as this) ment? Dan Tuba at (203) 452- without being exposed to a workshop or The first comment generally heard 5424, or any of the offic- article on these topics. from “experts” on sprawl is that sprawl ers listed in this newsletter. This article is one small “call to arms” results in a loss of sense of community See you in New Haven! to attack (yes, it’s a war) sprawl and its (continued on page 8) Sprawl costs everyone Sprawl (cont’d from p.1) costs (i.e., schools, municipal services such as police, fire and refuse disposal, roads money — big money. and . This is certainly the and sewers). The suburban towns cry for case. However, this “loss” is extremely state funding, and often receive it at the Indeed, it’s one of subjective, means different things to dif- expense of our urban centers. This acceler- society’s largest single ferent people, and as a result, is difficult to ates the loss of property values and tax re- assess for the purpose of encouraging in- source revenue for the urban areas which, cost items. Worse, it’s centives to reform current patterns of de- in turn, increases suburban flight — and a cost that does not velopment. the cycle continues generating huge costs An adverse result of sprawl that is for everyone. provide any meaning- more objective and compelling is money. The objective monetary costs associ- Sprawl costs everyone money — big ated with sprawl, as well as the subjective ful offset in return. money. Indeed, it’s one of society’s largest loss of quality of life, are self-evident to single cost items. Worse, it’s a cost that most. Unfortunately, hard-cost numbers does not provide any meaningful offset in aren’t readily available, and how these return. numbers relate to the specific effects of It is almost universally accepted that sprawl are often difficult, at best, to un- urban decay and suburban sprawl are in- derstand and appreciate. tertwined — one simply feeds off the In the recently completed Rhode other. A main contributor to urban decay Island study entitled Grow Smart Rhode is suburban flight. Suburban flight results Island, real numbers were attributed to in a loss of human and financial resources the aforementioned results of sprawl. The for our urban centers and first ring sub- Report concluded, in part, that urban de- urbs. This flight of resources causes a loss cay and suburban sprawl will cost Rhode in property values, with attendant loss of Island taxpayers almost $1.5 billion over tax revenue, for the urban centers. As the next twenty years. A substantial por- property values and tax revenue decrease, tion of this figure is attributed to the loss there is greater flight from our urban cen- of tax revenue associated with the decline ters. This problem is exacerbated by a lack of urban property values, and the costs of government assistance for the mainte- for new infrastructure to support subur- nance of existing, or construction of new, ban build-out. (For example, the Report urban infrastructure, or promotion of ur- found that Rhode Island’s core urban ban and (critical for centers experienced a 24% decline in any municipal, regional, state or national property values (more than $3.3 billion) economy). over the ten-year period from 1988 to As a result of suburban flight, we have 1998.) suburban build-out. Often this build-out Educating ourselves about the actual requires new suburban infrastructure — monetary costs associated with sprawl is a the concept of “concurrency” has not first step to effectuating critical policy and been established as a prerequisite to build- legislative action addressing the causes of out in most suburban communities or re- sprawl (e.g., encouraging urban infill and gions. The build-out generates significant redevelopment measures, and requiring

Page 2 better for suburban economy when we should be directing One key to curbing areas). Money talks. surplus resources to mea- How do we in Connecticut generate sures such as brownfield redevelopment sprawl is to reverse numbers? Perhaps a legislative “task force” and urban infill. or “blue ribbon commission” to study the Brownfield redevelopment and urban urban decay. Society’s issue is appropriate (similar to Connecti- infill must be encouraged. Brownfield re- current “throw away cut’s recent Blue Ribbon Commission on development can be further promoted ). The media coverage with legislation that effectuates Brownfield the old urban center” alone generated by such “commissions” is redevelopment in an expedited manner, mentality is perverse. substantial. In addition, organizations such with financial incentives and greater liabil- as the Connecticut Conference of Munici- ity protection, without compromising the palities, the Connecticut Homebuilders environment. Urban infill may be encour- Association, Inc., Connecticut Chapter of aged by the effective utilization of munici- the American Planning Association, and pal blight ordinances to clear unused ur- any of the numerous universities in our ban areas for redevelopment. Tax credits State, can combine resources in such an for infill and historic preservation may be effort. Several agencies provided. Funds to preserve, maintain and have addressed these issues in updating rebuild existing urban infrastructures are regional plans of development. Certain also essential (e.g., schools, roads, utilities, non-profit organizations are promoting sewers, and public transit). These funds studies (e.g., Connecticut Fund for the would be in addition to revenue generated Environment, Inc. recently completed a by property taxes. paper/report on sprawl in Connecticut). The high degree to which Connecticut Studies emanating from smart growth ini- rely upon the tiative states such as Rhode Island, New to fund local services also works against Jersey and Maryland may provide assis- smart growth. Each town and fights tance on these issues. to retain a piece of the commercial and With concrete fiscal numbers in hand, industrial pie in order to generate local tax we can campaign to generate a public con- revenue. High property taxes in urban ar- stituency for smart growth initiatives. eas, when compared to the , dis- courage both businesses and individuals What Policy or Legislative Action from locating in . In Connecticut, Options Are Available? — Macro or recent State legislation authorizing inter- “Big Picture” Solutions municipal tax sharing represents a first As found in the Rhode Island study, a step in addressing this issue. An Act Con- key to curbing sprawl is to reverse urban cerning Voluntary Municipal Revenue decay. Society’s current “throw away the Sharing, adopted by the General Assembly old urban center” mentality (similar to the in the 2000 Session, allows two or more case of an old television set where it’s municipalities to enter into an agreement “cheaper to buy a new one than fix the to share revenues received for payment existing set”) is perverse. This attitude of real and personal property taxes. The feeds sprawl even in the current healthy (continued next page)

Page 3 Though this may smell Sprawl (cont’d from p.9) thority to promulgate such regulatory re- quirements in Connecticut is unclear like the first scent of effective utilization of this law by munici- without explicit enabling legislation. palities can begin to strengthen urban Another tool to encourage municipali- “regionalism,” we centers, and their suburban towns, by ties to at least consider sprawl issues is a may consider legi- allocating tax revenues for infrastructure mandate that municipal plans of conserva- costs on a more appropriate “user” basis. tion and development provide for a con- slation that requires A shift by government in transporta- currency or growth management analysis. large scale develop- tion, tax and urban redevelopment poli- Legislation could also mandate that natu- cies provides a market incentive for indi- ral resource-based or agricultural-based ments to receive both viduals and businesses to redirect their concepts be included in such plans. local/municipal and locational decisions from the sprawling Perhaps the zoning enabling legisla- suburbs to existing, ready to be utilized, tion (Section 8-2 of the Connecticut Gen- regional or state land urban centers. The survival and rejuvena- eral Statutes) should be amended to ex- tion of our urban cities is the best first de- plicitly authorize, as opposed to give use approval. fense against suburban sprawl. “reasonable consideration” of, natural re- As to the effects of sprawl upon subur- source-based and/or agricultural-based bia, zoning enabling legislation mandating zoning. Connecticut’s Environmental (or explicitly authorizing) “concurrency” Protection Act (“CEPA”) should be or “growth management” zoning regula- amended to clarify that prime agricultural tions is necessary. Concurrency regulatory land (a significant rural land resource) provisions requiring that the timing and constitutes a “natural resource of the sequencing of development be concurrent State” as provided by CEPA which our with the availability of public services and State Supreme Court held otherwise over facilities (infrastructure) have worked else- a decade ago. where. Whether a municipal zoning or Finally, though this may smell like the planning commission has statutory au- first scent of “regionalism” (a perceived

Page 4 evil in our old Yankee Constitution State), municipal zoning, planning, zoning Educating our citizens we may consider legislation that requires boards of appeals, conservation, and in- “large scale developments” to receive both land wetlands and watercourses commis- about the costs of local/municipal and regional or state land sions. In Connecticut, this group is the use approval. Such legislation would pro- “common denominator” for de- sprawl is the critical vide concurrent review of, for example, cision-making on how a is first step on the road residential developments greater than 100 redeveloped (as to our urban centers), or dwelling units, or retail developments developed (as to our suburban towns). to reversing urban with buildings exceeding 60,000 square Finally, this group’s authority is limited to decay and controlling feet in total floor area. Each reviewing au- the statutory powers delegated to it by the thority would have veto authority (subject State General Assembly. suburban sprawl to judicial review). In the alternative, a Therefore, it is essential for this group negative recommendation from a regional to be authorized to implement certain through effective or state authority could require a two- “growth management” options through growth management. thirds (2/3) majority vote of a municipal the enabling statutes, and to understand agency to approve such development. This these options (how to effectively utilize review process would encourage the effi- them, and how they fit into the larger cient use of infrastructure for such propos- framework). To accomplish this, we must als by redirecting locational decisions to first have appropriate legislation. Second, urban areas first, thereby encouraging ur- we must educate this group. ban infill/redevelopment over suburban/ Some effective land use measures to greenfields sprawl. promote growth management at the local level, that may be created or strengthened Micro or “In the Trenches” Solutions legislatively, include: a) concurrency or se- The individuals who address land use quencing requirements; b) issues for our communities are municipal (land purchased outright by a municipality professional planners and those serving on (continued next page)

Page 5 MEMBERSHIP NEWS Sprawl (cont’d from p.11) moting regional “town meeting style” public meetings to discuss sprawl. An edu- by Alan L. Weiner, AICP or land trust); c) acquisition of develop- cational program for school-age children CCAPA Membership Chairman ment rights — where ownership of the land (similar to recycling) could also be spon- is not acquired, but the land’s development sored by the State. ■ Current CCAPA rights are controlled through the purchase Membership of development rights (“PDRs”), or trans- People have to care…and act As of August 15, 2000 (the latest fer of development rights (“TDRs”); d) Educating our community about date for which such information is mandated cluster zoning for every munici- sprawl will help to sustain and energize a available), CCAPA had a total enroll- pality (as opposed to simply being autho- meaningful anti-sprawl constituency. As ment of 432 members. rized by zoning enabling legislation); with recent societal mobilization efforts ■ e) conservation easements (with or with- successfully carried out to address recy- Welcome to Our out public access); f) agricultural-based cling, protect our wetlands, and require Newest Members! zoning; g) natural resource-based zoning; environmental controls for air emissions The following are the newest mem- h) village districting; i) historic districting; and discharges into our rivers and the bers of CCAPA (through 8/15/00): j) ridgeline protection zoning; k) aquifer Long Island Sound, educating our citizens protection zoning; l) watershed-based about the costs of sprawl (both monetary Susan Cullen, Pawcatuck zoning; m) for urban areas — adaptive and loss of quality of life) is the critical Mark Healey, Stamford reuse zoning provisions; flexible setback first step on the road to reversing urban Christopher Hynes, New Haven Matthew McKay, Suffield requirements to permit redevelopment of decay and controlling suburban sprawl Chandra Sekhar Parasa, New Haven nonconforming buildings; and shared or through effective growth management. Michael Piscitelli, Hamden alternate parking schemes (off-site, pay- Once again, this article is a call to our Norma Williams, Ridgefield ment in lieu) to promote the more efficient legislative leaders and citizens to encourage use of parking areas; and n) for suburban and support initiatives necessary to ad- ■ Members In the News areas — zoning provisions for multi-family dress urban decay and suburban sprawl. Recent personnel changes zoning districts, accessory , and Many of these measures involve change. abound at the Central Connecticut home occupation/home offices. Without question, a change to a more ef- Regional Planning Agency in Bristol: An appropriate forum for educating ficient land use growth management prac- • Mel Schneidermeier, AICP, our municipal land use authorities on tice is required. Whether we have the long-time Director of CCRPA, retired these measures may be the Connecticut resolve to take effective action to save earlier this year. Land Use Education Partnership and preserve our human environment • Ken Shooshan-Stoller, for- (“LUEP”) which currently provides a remains to be seen — but we can’t wait merly one of the agency’s staff three-part education program for mem- too long. planners, is now Assistant Town bers of municipal land use agencies. The Planner for the Town of Southington. program is sponsored by a number of or- Christopher J. Smith is a member of the He can be reached at Town Hall, 75 ganizations including the Connecticut law firm of Pullman & Comley, LLC. He Main Street, Southington 06489. Chapter of the American Planning Asso- is past chairperson of the Planning and Phone: (860) 276-6248; Fax: (860) ciation. Indeed, municipalities could re- Zoning Section of the Connecticut Bar 628-8669. quire that the new members of their land Association (1997-2000). Mr. Smith’s • Barbara Breslin, the agency’s use agencies attend these training sessions. legal practice focuses on zoning, planning, former Deputy Director, now works In addition, the State may consider pro- wetlands and environmental issues.

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