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A SUSTAINABLE SMARTCODE FOR COMMUNITIES IMPACTED BY NATURAL AND MAN-MADE DISASTERS Smart Growth and Sustainability: Principles & Practices Professor William Shutkin University of Denver, Sturm College of Law Spring Semester 2011 Submitted By: Dave DeNovellis, Ian Rainey, and Kimberly Jackson 28 April 2011

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Page 1: S C F C I B N A -M · conservation of open lands, transit options, and walkable and mixed-use neighborhoods.7 It is designed to prevent wasteful sprawl development, automobile-dominated

A SUSTAINABLE SMARTCODE FOR COMMUNITIES IMPACTED BY NATURAL AND

MAN-MADE DISASTERS

Smart Growth and Sustainability: Principles & Practices

Professor William Shutkin

University of Denver, Sturm College of Law

Spring Semester 2011

Submitted By: Dave DeNovellis, Ian Rainey, and Kimberly Jackson

28 April 2011

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I. INTRODUCTION

The goal of the paper is to create a sustainable SmartCode for communities impacted by natural

and manmade disasters. This paper combines the functionality of a SmartCode with the newest

thinking in sustainable development and smart growth and applies these ideas to formulate a

framework for communities impacted by natural and manmade disasters. This SmartCode is designed

to help these communities by giving them the tools and resources of the newest smart growth and

sustainability designs in order to maximize efficiency in the rebuilding process [Please see Mission &

Vision Statement, in Appendix].

The separate pieces themselves are not innovative. We draw on the principles of sustainability

and the SmartCode template. The innovation is combining those existing principles and templates and

making them ready to use in those communities that need to implement them the fastest. Distressed

communities may be more willing and able to implement a sustainable SmartCode because

maintaining the status quo is no longer an option. The goal of many distressed communities is to get

back on their feet as soon as possible. Our sustainable SmartCode will be available to them so that the

opportunity to create a stronger, thriving community does not pass. Our hope is that communities using

our sustainable SmartCode will become the template for other similarly situated communities, be it

those in flood plains, tornado alleys, or those susceptible to wildfires. As our communities transform

from distressed to thriving, those similar communities can then see the benefits and adjust proactively

rather than reactively.

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II. BACKGROUND

A. What is a Sustainable SmartCode?

A SmartCode is a document to guide new growth. A SmartCode directs new development, for

use by property owners, developers, designers and builders, as a means to preserve, protect and extend

the qualities that make a city unique.1 A SmartCode is a unified land development ordinance for

planning and urban design, and basic architectural standards into one compact document.2 A

SmartCode is prepared and brought before the board and legislative agencies and, if approved, voted

into legislation replacing the city zoning code.3 The SmartCode is meant to be locally customized by

professional planners, architects and attorneys and is intended to implement the community vision by

coding specific outcomes designed for particular places.4

A SmartCode is a model transect-based planning and zoning document based on environmental

analysis. It addresses all scales of planning, from the region to the community to the block and

building. The template is intended for local calibration to each town or neighborhood.5 As a form-

based code, the SmartCode keeps settlements compact and rural lands open, literally reforming the

sprawling patterns of separated-use zoning. A SmartCode promotes understanding of the built

environment as part of the natural environment, through the planning methodology of the rural-to-

urban transect.6

1 Available at smartcodecentral.org.

2 Id.

3 Id.

4 Id.

5 Id.

6 Id.

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A successful SmartCode supports these outcomes: community vision, local character,

conservation of open lands, transit options, and walkable and mixed-use neighborhoods.7 It is designed

to prevent wasteful sprawl development, automobile-dominated streets, empty downtowns, and a

hostile public realm. It allows different approaches in different areas within the community, unlike a

one-size-fits all conventional code. This gives the SmartCode unusual political power by permitting

buy-in from all stakeholders. The goal of a SmartCode is not to proscribe what a city will do, but rather

to give a city ideas and resources for smart growth and sustainability innovations that may be effective

in the rebuilding process.

B. The Two Step Process

Forming and executing a workable and sustainable SmartCode is a two-step process. The first

step involves information gathering. This step requires learning about the city‘s local culture and

interests, as well as its previous development.8 The team performing this stage in the rebuilding

process should spend time listening to what residents valued about living in the particular city, looking

at different parts of the city, and researching local history. Because this step is contingent upon

individual communities and concerns, the framework is not static, and each community‘s finding will

be substantially different.

7 Id.

8 Id. See also Bay of St. Louis Doc. For example, when looking to rebuild the town of Bay of St. Louis, Mississippi after

hurricane Katrina, the SmartCode planners gave substantial weight to the town‘s history and culture in the rebuilding

process. In the information gathering stage, SmartCode planners keyed in on town history, culture, and community

personality. They found that the town of Bay of St. Louis was founded by French Explorers settled in 1699, with Spanish

and English settlements forming later. The influence provided from its historical past provided the town with a rich culture

and distinct personality. People in Bay of St. Louis know how to relax leisurely and make an art of enjoying life. The

planners also found that open space is viewed as the connective tissue of our environment. Residents further found

importance in rebuilding the town similarly to what it was, with continuous green and open space between and through all

of the neighborhoods of the town.

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The second step of creating a sustainable SmartCode involves creating a conceptual framework

for rebuilding the city, by using the principles of smart growth. This step is focused on outlining a

framework to successfully implement this stage of the rebuilding process. The team should create

conceptual plans identifying potential neighborhood centers, ways to rebuild the business areas,

potential redesign of main thoroughfares, the location for temporary housing (FEMA trailers, for

example), and pedestrian trails. The smart growth and sustainability ideas, discussed in section III

below, are geared toward this step in the process.

C. The Need for a Sustainable SmartCode for Devastated Communities

Today, rebuilding communities after natural disasters is a pertinent issue, as strongly supported

by the recent catastrophes in Japan, New Zealand, Chile, the US Gulf Coast, and Greensburg, Kansas.

A good example of how a community looks to rebuild sustainably is Greensburg, Kansas.

In 2007, 95 percent of Greensburg was destroyed by a tornado. The rebuilding plan expressed

the Greensburg/Kiowa County community‘s vision for recovery in the aftermath of the May 4, 2007

tornado. This recovery plan was the result of an intensive 12-week process involving multiple

meetings and discussions between long-term recovery planning team, local, state, and federal officials,

business owners, civic groups, and citizens.9 Hundreds of residents turned out for the community

meetings to share their ideas on how to rebuild Greensburg and Kiowa County. Community

participation provided an invaluable source of input and feedback that was used to refine and prioritize

the projects contained in this plan.10

A community spirit and resolve to build back better, safer, and in

9 Available at http://www.greensburgks.org/

10 Id

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a more sustainable manner served residents well as they moved forward with implementation of the

plan.11

At the heart of their plan was a simple guiding principle – keep the things that have made

Greensburg and Kiowa County a good place to live, work, and own a business, and then suggest ways

to build upon strengths of the community in order to make it even more prosperous, appealing, livable,

and sustainable.12

Unlike a traditional planning document that presents general guidance to a

community, the Greensburg Long-Term Community Recovery Plan is an action-oriented menu of key

projects intended to be used for making critical funding and resource allocation decisions.13

D. How to Create a SmartCode

A SmartCode is created by a Charrette Discussion group, a resident group that will be

challenged with providing solutions and processes for rebuilding. The Charrette process consists of an

intensive on-site work session that last several days, brings together a broad discipline of professionals

and experts, and includes as a wide a range of local policy makers, regulators, enactors, and citizens as

possible.14

The work environment is open, collaborative, energetic, infectious, and productive. The

main purpose is to maximize public engagement and participation in a process that affects their lives

and to adjust professional input to respond to the unique character and conditions of the community.15

11

Id 12

Id 13

Id. One of the key concerns throughout this rebuilding process was sustainability. In the rebuilding process, Greensburg

created a wind farm, and completed 7 LEED platinum projects such as the Kiowa County Memorial Hospital and Centera

Bank. Greensburg's per capita ratio of LEED buildings weighs in at one per approximately every 129 citizens. This is an

amazing statistic for a town of 900 people. People are going the extra mile because they are committed to the concept of

Greensburg as America's model green community. 14

Available at http://www.extension.iastate.edu/communities/ toolsdecisions/charette.html 15

Id

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The thrust of the Charrette is two-fold: educate the Charrette team about the history, culture,

wishes and needs of the local citizenry, and educate the local citizenry about means and methods for

accomplishing their goals.16

The Charrette procedure is a group idea generating and prioritizing tool.

Its strength is its ability to address several issues at once in a highly interactive group setting. The

Charrette procedure involves several small groups simultaneously discussing parts of the "big picture,"

then passing their ideas on to the next group for refinement, enlargement, and eventually,

prioritization. The Charrette procedure is especially useful when a group has decided what they want to

do, but is unsure of all the details involved in how to do it.

III. SUSTAINABILITY & SMART GROWTH CONCEPTS FOR ANY SMARTCODE

A. Brownfields—An Introduction

Brownfields are real property, the expansion, redevelopment, or reuse of which may be

complicated by the presence or potential presence of a hazardous substance, pollutant, or

contaminant17

. As part of a comprehensive SmartCode, brownfields redevelopment has the potential to

return non-productive real estate assets to a more viable, economic use, promoting the financial

development of many of the nation's most economically distressed areas and regions18

.

In areas impacted by environmental and man-made devastation, brownfields redevelopment

takes on an even more vital role. Areas that may have been far removed from the realities of

brownfields designation may very well find themselves identified as exactly that once damage has been

assessed and environmental impacts have been evaluated. Entire city blocks can be transformed into

16

Id 17

Knox, Paul. Urbanization: An Introduction to Urban Geography, 68 PUBLIC MANAGEMENT MAGAZINE 14, 19 (2004). 18

Stasiak, Elizabeth. Partners in Planning: Strategies from the 2005 Brownfields Peer Exchanges. Washington, DC:

International City/County Management Association (2005).

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potential brownfields candidates due to their proximity to previously identified areas of concern

regarding lands that are contaminated by previous commercial or industrial activity.

Whereas this may be viewed as a problem for many, this designation also allows the

opportunity for growth and reformation in ways that may not have been possible prior to the natural

disaster. By looking at brownfield sites and expanding the definition to include not only environmental

brownfields (where active or potential contamination exists) but structural brownfields (areas of

abandoned retail, commercial, or residential areas that existed prior to the devastating event), regional

planners and managers can enact drastic, positive change that provides the framework for additional

community enhancements. Brownfields present the perfect canvas on which to implement SmartCodes

in areas devastated by natural or man-made disasters.

Brownfield Redevelopment, Zoning Before a Disaster, and the Segue Into a SmartCode to Guide

Future Development

Brownfields that are repurposed as part of a comprehensive regional redevelopment plan goes

to the heart of a smart growth agenda by simultaneously revitalizing blighted urban areas, supporting

local economic growth, and advancing environmental health and protection goals19

.

In order for brownfields to be redeveloped to their fullest potential under a SmartCode, the

existing municipal zoning in the area will have to be overhauled or eliminated entirely20

. Zoning

districts designated decades ago may no longer be relevant to the new economy in the area or the

vision for redevelopment, and could hinder the potential redevelopment of a property. Also, a thorough

19

Vossman, Laura. How Many Artists Does It Take to Build a Downtown, 22 PLANNING 20,23 (2002). 20

Finneran, Catherine. Attracting Development to Brownfields Sites: A Local Challenge, 8 PUBLIC MANAGEMENT

MAGAZINE 14, 19 (2006).

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assessment of past versus future uses should be undertaken as early as possible in the redevelopment

process.

In the absence of a clear vision or master plan for a brownfield site, the cleanup goal for a

particular location may be set unnecessarily high or low based on the existing zoning scheme21

. As a

result, a brownfield site in a residential district could be required to clean up to residential standards,

when it could actually be reused within the context of the surrounding neighborhood for some other

use that would normally require less intensive cleanup, such as a parking lot, due to a lower risk of

exposure22

. The existing zoning in this case makes the brownfield redevelopment significantly more

expensive and less attractive. On the other hand, a brownfield located within an old industrial zone

may be better used for mixed residential and commercial space, and may require a higher cleanup goal

than that of continued industrial uses within the industrial zone23

.

Existing zoning may not allow for mixed use or more intensive uses that a SmartCode could

identify as an ideal redevelopment scheme for certain properties (such as an old mill building site or

waterfront parcel) damaged or destroyed in a natural disaster. If pre-SmartCode zoning appears to be

outdated and out of context with the economic development goals of the municipality, it should be

reviewed and updated to accurately reflect the desired use of existing brownfield sites within the new

SmartCode24

. The next section of this paper will address what should be evaluated before the

implementation of a new SmartCode takes shape.

21

Smart Growth/Smart Energy Toolkit/ National Governors Association. Where do we grow from here? New Mission for

Brownfields, Attacking Sprawl by Revitalizing Older Communities, Washington, D.C. (2010). 22

Id. 23

Finneran, supra, at 18. 24

Id.

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The “Ideal” Brownfields Site: Practical and Legal Considerations

Redevelopment of a brownfield site can be a significant undertaking for a municipality that is

seeking to ‗overlay‘ the redevelopment within a SmartCode, but it can have an even more significant

pay-off in the end. These projects often benefit from pre-planning on the part of the municipality,

which may include a brownfield site inventory of the community, a review of existing bylaws or

ordinances, and a discussion about how the existing laws will be eliminated, replaced, or enhanced by

the envisioned SmartCode.

The ‗visioning‘ for the area in which a brownfield site is located can make the implementation

of a SmartCode within these areas much easier for the municipality. Further, a better vision of what the

SmartCode will do for the existing brownfield going forward and articulating this to the public early

and often will enhance both public outreach and involvement.

Although there are a number of benefits that are generated by redeveloping brownfield sites

and incorporating these developments within a SmartCode, some sites are better candidates than

others. A number of elements should be considered when selecting appropriate sites.25

25

Acquiring Title – Who holds legal title to the property and how will that title be conveyed? Are there any encumbrances

on the deed, such as liens held by state, federal, or local agencies? Is acquisition of title something that would be beneficial

to the project under the proposed SmartCode? Mixed Uses—Ideally, a brownfield site should be situated to promote the

mixing of land uses within its boundaries. The site should also allow for higher density uses as would be identified within

the newly created SmartCode. Size – Is the property size appropriate to accommodate the proposed redevelopment? Can it

be scaled to fit a larger redevelopment? Is it adjacent to properties that could be assembled to provide a larger

redevelopment parcel? Transportation Access – Is the property within proximity of public transportation or within

walking or biking distance to services and jobs? If this property is being considered after a natural disaster or catastrophic

event, can the site be incorporated into the envisioned public transportation hub going forward? Historical

Districts/Empowerment Zones – Is the property within a historical district or a special economic empowerment zone

(such as a state approved Economic Target Area (ETA))? Is there funding available to support the restoration and

development of those areas? Access to Major City Health, Social, Retail, and Other Institutions—Brownfields may

provide a focal point or ‗hub‘ for redevelopment after a natural disaster or catastrophe. In evaluating how brownfield sites

fit into the proposed SmartCode, discussions should take place regarding the suitability of the brownfield site for important

community ‗infrastructure sources‘ such as schools, libraries, health clinics, and retail centers. Public Benefit – Will the

redevelopment of the property provide a public benefit? Within the drafting of the SmartCode, will the public benefit be

articulated and will the public be allowed to voice their opinion? Can additional financial or technical support be

leveraged? Cost – Have the project costs and benefits, including public and environmental benefits, been calculated and

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The Benefits of Brownfield Redevelopment

The overarching goal of most SmartCodes is to address all scales of planning—from the region

to the community to the block and building. Brownfields are the perfect canvas on which to create a

SmartCode that is both adaptive to the community in which it is built as well as reflecting the needs

and wants of those that are left to repopulate the community that was devastated. Since these are form-

based codes, SmartCodes keep settlements compact and rural lands open, literally reforming the

sprawling patterns of separated-use zoning26

. Brownfields redevelopment is ideal as a means of

integrating other smart growth techniques into any community, in particular those that have been

impacted by changes to large areas of the landscape as would occur after a natural disaster.27

balanced against all available financial support? Contamination – Has any environmental information been generated for

the site, or surrounding properties? To what degree has the nature and extent of contamination at the site been

characterized? What are the costs for bringing the site to a permanent solution and how long will that take? If no

environmental problems exist as a result of the catastrophic event, is there documentation to prove that the site was ‗clean‘

prior to the event? Liability – What is the liability of the municipality that owns a brownfield if an assessment finds

contamination? What is the liability of the private owner? What is the liability of a municipality that acquires a property for

failure to pay taxes or other mechanism? How can the municipality limit its liability? Are there partners that may be

interested in sharing the liability as part of a redevelopment venture? 26

SmartCode v. 9.2. Available at: http://www.transect.org/codes.html 27

Revitalization of blighted urban areas. Areas that were underutilized or abandoned can gain from the incorporation of

SmartCode-induced growth and redevelopment. Reduction in sprawl and development of "greenfield" sites. After a

natural disaster, greenfield sites that may have been ripe for development may present problems that were unanticipated or

non-existent prior to the catastrophic event. Redeveloping and reusing abandoned or underutilized property reduces demand

to build on undeveloped property. Creation of new jobs. The reuse of abandoned or underutilized property provides an

opportunity for new businesses to locate, for existing businesses to expand, and a new customer base for sites that

incorporate residential uses. This benefit is increased significantly if the underutilized properties are designated as ‗mixed-

use‘ under the SmartCode. Healthy neighborhoods. A neighborhood that is no longer exposed to contamination reduces

health risks and improves overall environmental quality. Further, a neighborhood in which one can live, work, and play

reduces the community‘s dependence on fossil fuels. Environmental benefits and open space. Although not a possibility

for all brownfields, many designated brownfield sites located in densely settled neighborhoods can be redeveloped to create

open space or a regional park, providing needed green space and recreational opportunities in dense urban communities.

Urban low impact development practices can be installed to improve water quality in adjacent rivers, recharge runoff to

groundwater, and increase energy efficiency (e.g. green roof) thereby reducing smog and the urban heat island effect.

Environmental justice. Given that brownfields are often located in low-income communities and communities of

minorities, remediation and redevelopment of these sites improves environmental quality and public health and creates new

opportunities for environmental assets such as parks and urban forestry. Economic development. A brownfield

redevelopment can create an economic benefit worth 10 to 100 times more per dollar than is paid in27

. Expand the local

tax base. More people and businesses operating in a space that was formerly sitting unoccupied leads to an expansion of

the tax base that can generate revenue for an entire community.

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B. Walkable Neighborhoods—An Introduction

A SmartCode is not solely a template for developers. A well-designed sustainable SmartCode

helps enhance the community‘s quality of life. One way a SmartCode can help communities raise

quality of life is to help create and promote walkable neighborhoods. Walkable neighborhoods are a

cornerstone of any sustainable community. In fact, the EPA has declared creating walkable

neighborhoods to be one of its ten smart growth principles.28

A walkable neighborhood can support a

resident‘s daily needs with little or no automobile travel. In short, a walkable neighborhood allows a

resident to live and work, learn and worship, eat and play, all within a short, simple walk.

Walkable neighborhoods are by no means a new concept. Before the automobile age, limited

mobility necessitated that those cumulative daily needs be in close proximity to each other. However,

traditional Euclidean zoning, combined with automobile-dependent development and infrastructure,

has effectively segregated a resident‘s daily needs into separate and distinct geographic areas. The

SmartCode can specifically address and modify these areas that have helped foster single and

segregated uses and encourage and require higher densities, mixed uses, and pedestrian-friendly

standards. By looking back into neighborhoods of the past with today‘s knowledge and vision,

planners and developers can create sustainable cities and communities now and into the future.

The Characteristics and Benefits of an Ideal Walkable Neighborhood

An ideal walkable neighborhood takes into account three related factors; distance, destination,

and density.29

Planners should consider distance as not only physical expanse but also the ease in

which pedestrians and bicyclists can travel, including the slope of the neighborhood and sidewalk

28

EPA, Smart Growth Principles, Available at: http://www.epa.gov/smartgrowth/about_sg.htm#principles. 29

City of Portland Bureau of Planning and Sustainability, Portland Plan Status Report: 20-minute Neighborhood, Available

at: http://www.portlandonline.com/portlandplan/index.cfm?c=45722&.

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access. The destinations included in the neighborhood should allow residents to live, work, and play in

the same areas. Housing, offices, and retail stores should be interspersed with public facilities like

schools, libraries, and parks. The neighborhood density should be sufficient enough that it is capable of

supporting the mixed uses.

The walkable neighborhood provides environmental, economic, and social benefits. By shifting

from automobile-dependent development, green space can be preserved by reducing the need for new

infrastructure and development. Communities that reduce automobile use also reduce greenhouse gas

emissions and their carbon footprint. Low-income workers that live far from job centers spend up to 37

percent of their income on transportation costs.30

Significantly lowering transportation costs for

workers frees up income that can most likely be spent supporting the various destinations in the

neighborhood. Besides reducing automobile infrastructure cost, some places have seen walkable

neighborhoods increase both property values and tourism revenues.31

By promoting pedestrian travel,

walkable neighborhoods encourage physical activity and overall healthier lifestyles in their residents.

Developing a walkable community gathering area encourages greater community involvement.

To fully realize the benefits of a walkable neighborhood, community planners must assess the

three ―D‘s‖; distance, destination, and density. The three D‘s of every neighborhood and district will

be different in some aspects. Some places will contain more hills than others and will change how

distance will factor into the code. Some areas will already have more residential units and other will

already be more suited to retail spaces. Community planners should implement a SmartCode that

expects and allows for flexibility, from entire districts down to streets and single structures, so that

each ―D‖ can be tailored to each walkable neighborhood.

30

EPA, Smart Growth and Affordable Housing, Available at: http://www.epa.gov/smartgrowth/topics/ah.htm. 31

Center For Community Economic Development, University of Wisconsin-Extension, ―Let‘s Talk Business,‖ Issue 83,

July 2003.

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Zoning for Walkable Neighborhoods

A SmartCode is comprehensive and necessarily encompasses all aspects of community

planning. When creating walkable neighborhoods, it is important to address three key facets: mixed-

use development, increased density, and walkability.32

Incorporating walkable neighborhoods into the

SmartCode requires both slight adjustments to existing codes and, in other places, pieces that seem like

complete overhauls.33

Mixed-Use Development

Conventional zoning, at its essence, exists to separate incompatible land uses. Today, many

communities are zoned to separate industrial uses from residential uses. Often, public health and safety

concerns make this system reasonable and expected. Just as it was prudent to separate schoolyards

from slaughterhouses, it is still worthwhile to separate coal plants from hospitals. However, not all

different uses are incompatible. Combining residences with office spaces and restaurants creates very

little, if any, health and safety issues. Additionally, by reducing vehicle miles traveled and the resulting

reduction in greenhouse gases, these combined uses could help alleviate some health and safety

concerns.

To alleviate the problem of use-segregation, a SmartCode should require mixed-use zones. A

simple addition to the SmartCode is to allow residences in spaces that are currently commercially

zoned. Allowing apartments and office parks to share a building can quickly increase density and

reduce vehicle miles traveled.34

32

EPA, Essential Smart Growth Fixes for Urban and Suburban Zoning Codes, November, 2009. Available at:

http://www.epa.gov/smartgrowth/essential_fixes.htm. 33

Id. 34

Id.

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A SmartCode should allow for many varieties of mixed-use developments. Neighborhoods and

streets are all different and the zoning districts should account for that. Where some single structures

will mix uses vertically, some streets should mix horizontally. Imagine the resident leaving her

building that holds an apartment and a bank and walking onto a block that passes a grocery, a church, a

school and connects to a small park. Because of street and neighborhood characteristics, a SmartCode

cannot be ―one-size-fits-all,‖ but must retain flexibility, even down to the street level. However,

properly assessing and tailoring each zone and incorporating flexibility at the front-end should make it

easier for different neighborhoods to synchronize with each other.

Increasing Density

As discussed, a walkable neighborhood needs sufficient density to support the neighborhood

economy and to justify available public services. Higher density also helps to protect green space by

limiting the need for sprawl. Public transit options, like buses and trains, depend on sufficient density

to support and maintain facilities.

To address density, community planners should first identify neighborhood centers and focus

on ways to increase density in those spots. Density requirements, unlike separate mixed-use zones,

should be less flexible throughout the comprehensive SmartCode. Traditionally, density requirements

have been based on maximum-allowable densities. Planners should require minimum densities as

well.35

To encourage and support the use of the live, work, and play amenities, planners and developers

should first look to ―at least this many‖ before ―no more than.‖

35

Id.

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Walkability

Walkability is an essential part of a ―walkable‖ neighborhood. Simply put, a community will

never fully realize and enjoy even the most-expertly zoned districts and proposed high-density

community centers if people cannot easily walk or ride to the areas. Planners have traditionally

designed communities with automobiles in mind. Streets are primarily based on traffic and parking.

Sidewalks and pedestrian access can sometimes seem like an afterthought.

Planners should declare pedestrian and cyclist access a priority.36

Street development should

begin first with pedestrian and bicyclists safety and convenience. Parking should be located around the

neighborhood centers, rather than dispersed with in, to encourage pedestrian travel. Like mixed-uses

and increased density, walkability will not be ―one-size-fits-all.‖ Flexibility is a must, as each

neighborhood is different, but only after incorporating higher minimum standards of pedestrian safety,

access, and convenience.

C. Building Sustainable Housing—An Introduction

Building sustainable housing is an essential part of developing a sustainable SmartCode. By not

only focusing on rebuilding a safer community that will be protected from similar devastation in the

future, planners should take the opportunity to rebuild in a more sustainable way, utilizing and

implementing ideas of New Urbanism and Smart Growth. By using renewable energy sources and

energy efficient housing materials and designs, these rebuilt communities can significantly reduce

energy consumption and CO2 emissions creating a low impact system.

37

36

Id. 37

Available at http://www.passivhaustagung.de/englisch/index.html

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Many New Urbanist designers have already begun developing passive communities. Passive

communities are remarkably energy efficient, with very low energy costs. Excellent insulation, high

quality windows and heat recovery make it possible not only to reduce energy requirements, but also to

substitute the main part of the demand.38

Products suitable for passive houses have been developed in

Europe, and can be produced locally and installed by local handycrafts.39

The goal for these SmartCode planners should be to include many of the already existing

sustainable housing improvements into the community rebuilding process. Some of the new urbanist

housing ideas that these planners should look at include insulation technology which reduces waste in

housing heating and cooling systems, energy efficient materials which better insulates houses, active

and passive solar energy techniques like southern facing windows which capture and heat homes

naturally, and housing designs that utilize geo-thermal energy techniques which can both heat and cool

homes more efficiently.40

41

Neighborhood Design and House Placement

When designing these rebuilt communities, planners should look at the strategic placement of

each home on a checkerboard design.42

This means that every other home sits on the front of the lot

38

Id. 39

Id. 40

Id 41

Available at http://www.discovergeos.com/geos_team_bios.php. Planners should look at passive neighborhood designs

like GEOS in Arvada, CO, for designs and ideas for passive house communities. Lead developer of GEOS, Norbert Klebl,

has integrated and consolidated some of the latest New Urbanism ideas, and developed methods for building a true passive

house neighborhood where all buildings will be so well insulated and airtight, that passive solar and geo-thermal energy

will allow heating and cooling with an energy recovery ventilation (ERV) system. These concepts will reduce energy needs

by 75 percent compared to current building practices and make sustainable residential buildings affordable. Neighborhood

designs like GEOS, which are nearly zero carbon neighborhoods, can be successfully implemented into the rebuilding

process of communities impacted by natural disasters. These rebuilt communities could succeed as the comfortable, modern

and attractive neighborhood that community members are accustomed to, while cleverly allowing environmentally

sustainable function to dictate form. By integrating livability with sustainability, these communities could implement

forward-thinking community models that break established design rules to create a new generation of sustainable

communities.

42 Id.

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whereas its neighbor sits to the back, minimizing the shadowing that could impede a home‘s solar

collection.43

This innovative, solar sensitive pattern differs markedly from a typical neighborhood

where homes are designed with a linear setback – each the same distance from the property line in a

configuration that can block access to the sun.44

This checkerboard concept minimizes space-wasting

side yards and instead creates one larger, courtyard-like front yard or backyard for each home.45

Homes should also be situated so the home‘s longest expanse is on the south side to maximize

passive solar collection.46

Windows should be minimized on the colder, north-facing walls. When

climates allow, deciduous trees should be planted on the south side of homes, making the indoors feel

more comfortable for residents by providing shade. Generous tree plantings along the east, south and

west sides of buildings will further provide shade in environments that have harsh summer sun. Where

possible, houses should utilize ―living fences‖ to divide spaces – hedges of hardy shrubs instead of

wood or metal fencing.47

Each neighborhood should also offer an extensive and integrated system of

pathways and parks.

Food and Water

Community gardens should be emphasized and implemented to offer opportunities for residents

to grow their own food. One idea is planting a different type of fruit tree in each resident‘s yard, with

the vision of an orchard co-op.

Furthermore, rain gardens should be implemented and cultivated throughout the community to

harvest water and filtrate rain and snowfall.48

Storm water should also be managed alongside each

streetscape. One idea is creating a street-side rain garden, which is submerged six inches below street

43

Id 44

Id. 45

Id. 46

Id. 47

Id. 48

Id.

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level, thus diverting the water to the tree located alongside the street.49

Then, cobblestone dissipates the

velocity of the water before it reaches a drain that recycles the excess water back to the neighborhood

parks instead of sending it through a storm drain.50

Social Impacts

These communities should also be built with the goal of nurturing the community in mind.

Provisions for ample community spaces will encourage social activities, as will pedestrian

promenades, common greens, community gardens and event/meeting places. As a result of the

consistent emphasis on energy and resource conservation and preservation, and the integration of

natural systems into the neighborhood, these rebuilt neighborhoods will also foster a strong culture of

neighborhood environmental stewardship. It demonstrates how the actions of individuals – in

collaboration with their neighbors – can make a difference in environmental quality.

Energy Conservation

A goal for these rebuilt communities should be to significantly raise the bar for sustainable

residential development, and to create a net-zero energy, master-planned community. These

communities should strive to generate enough renewable energy to offset the annual energy needs of

the community‘s planned homes. Each neighborhood should incorporate on-site solar and geothermal

systems that are designed to supply 100 percent of the community‘s energy needs, and work in

conjunction with energy consumption patterns that are markedly lower than those found in the nation‘s

average homes.

Each home should look to maximize solar energy. Energy from the sun should provide a

majority of the homes‘ daytime heating and electric energy through both active and passive solar

energy collection.51

49

Id 50

Id

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Each home should also incorporate geothermal energy. While the sun will provide the base

load of the homes‘ heating needs, geothermal energy can be the heat source for overcast days and

during the evening.52

Underground geothermal exchange systems can capitalize on the earth‘s

constantly moderate temperature, and utilize an underground loop field to extract energy that will be

used for domestic hot water, space heating in the winter and space cooling in the summer.53

Each home should also minimize air leakage. A leaky home compromises even the most

energy-efficient heating and cooling systems. Each rebuilt home should incorporate airtight

construction.54

This innovative system can transfer 75 percent or more of the heat from air exiting the

home to the fresh, filtered air entering.55

Focus on Low Income Housing

Another consideration for designers when rebuilding these communities should be the creation

of low income housing. By focusing on creating affordable housing, communities will have greater

capacity to take advantage of federal, local and private grants and other funding sources. Programs

like the Rural Housing Program assist low-income families in obtaining financing.56

51

For example, developers could implement state-of-the-art rooftop photovoltaic solar panels as well as passive solar

heating designs. Also, houses should be designed with a minimal amount of windows and doors on colder, north-facing

walls. Scientifically engineered awnings could also be implemented to shield the windows from the sun in summer, yet

accommodate the lower angle of the sun in winter, allowing solar rays through the windows when they‘re most needed. 52

Id. 53

Id. 54

By contrast, the majority of U.S. homes currently being built average between 0.5 and 0.7, according to the Energy Star

program, letting more hot air out and cold air in. Heat recovery ventilators (HRV) can also be used to make the homes‘

heating systems even more energy efficient. 55

Id 56

http://www.greensburgks.org/. Aid for businesses should also be made available. For example, when rebuilding

Greensburg Kansas, planners looked implement programs like the Business Restoration Assistance Program, which created

a $5 million grant for businesses in Kiowa County damaged by the tornado. The relief bill also includes a sales tax

exemption for items and services purchased to construct, reconstruct, enlarge or remodel a business facility (including

agricultural fencing) within Kiowa County. Other disaster assistance programs in Greensburg further help residents

become eligible for other state and federal assistance programs. Communities should look to these programs for further

assistance in providing financial incentives for both housing and businesses during the rebuilding process.

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IV. CONCLUSION

The unfortunate truth is that disasters, both natural and man-made, will occur. Affected

communities and their neighbors will be eager to rebuild but it is important to strategically consider

how these communities could and should be rebuilt after a disaster to maximize the principles and

practices of smart growth and sustainable development inherent in a SmartCode. Each community has

unique and important characteristics that make them special and distinctive to their residents. The goal

of rebuilding the community is to retain those essential characteristics but also to rebuild smartly and

sustainably.

The Sustainable SmartCode for Impacted Communities is an innovative tool that combines

sustainable principles and SmartCode designs for communities that have the need and opportunity to

rebuild and redesign today. It provides impacted communities with a flexible and adaptive template to

address the challenge of re-creating their neighborhoods in a way that maintains the history and culture

that made the area special without sacrificing their future needs and aspirations.

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APPENDIX—MISSION STATEMENT AND VISION STATEMENT

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MISSION STATEMENT

We are dedicated to helping communities impacted by natural and man-made disasters by transforming

distressed regions into sustainable, adaptive communities that respect the historic values of the land, enhance the

natural spaces that remain, and foster a built environment that is sustainable, efficient, inclusive, and

economically viable…a place where people choose to live, work, and play.

VISION STATEMENT

To create a SmartCode that encourages cultural, economic, social, and civic vitality through resourceful

community-focused sustainable development and smart growth. For each unique locale we strive to design a

thoughtful, well-planned and context-sensitive development scheme that respects the natural character, open

spaces, historic value, and urban/ rural landscapes that made __________________ so vital before the

devastating event took place. At the same time, we will work tirelessly with the community to construct a

SmartCode that will make _______________ a desirable place to live for many generations to come, using

sustainable practices and the best land management techniques to enhance those aspects that make this region

extraordinary. In order to accomplish this goal, our SmartCode strives to:

1. Foster growth and development in appropriate locations and densities consistent with the developed

SmartCode.

2. Incorporate the concept of mixed land uses to maximize efficiency of the built environment as well as

creating larger areas for open space and natural corridors.

3. Work to improve transportation sectors within the community, including the introduction of mass-transit

(where applicable) and bike/walking paths that will markedly reduce community reliance on automobiles.

4. Improve coordination between county, state and federal agencies, and foster cooperation with adjacent

municipalities to incorporate sustainable practices.

5. Actively rehabilitate and integrate brownfields and underutilized areas to become centers of commerce—

including the utilization of mixed-use concepts to create areas where residents can live, work, and play.

6. Provide sufficient educational, recreational, and community facilities to meet future needs.

7. Design residential, industrial, and commercial projects that embrace sustainable development principles,

including but not limited to increased efficiency, use of active and/or passive solar, and LEED certification

for appropriate built structures.

8. Create a wide variety of housing options, including affordable housing, as a means of promoting a larger

array of housing types for the community at varying sizes, price-points, and locations.

9. Promote the protection of the region’s natural resources, open spaces, and wildlife corridors.

Consistent with this vision, this SmartCode is intended to balance preservation with growth, to improve the built

environment within this community, to enhance transportation options by providing more spaces in which to

walk and bike, to create and sustain economic opportunities, to strengthen the community and surrounding

region by promoting sustainable development policies, preserve existing open space while expanding open

space options, and promoting environmental health and protection.