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SUBURBAN SPRAWL

Suburban sprawl describes land use characterized by scattered, low-density developments spreading out from urban centers or springing up in rural areas. It differs from other growth patterns by little functional open space and economic inefficiency. It is driven by individual choices, government policies and market forces.

Sprawl started after WWII with inexpensive federal housing loans and the great highway boom starting in the 1950’s. The results are suburban "edge cities", i.e., low-density networks around a weakened center. Some see sprawl as a serious problem negatively affecting communities and the environment. Others view it as a chosen growth pattern, the price of progress, a sign of vigor.

FACTORS IN SPRAWL

About 106,700 people moved out of Ohio between 1990-97. At the same time the population increased 3.1% to 11.2 million, with many pursuing the American dream of a single-family, detached dwelling with lawn. Many homeowners want homogeneous neighborhoods and oppose mixed-use and higher density buildings.

In the U.S., between 1969-90, the percentage of women in the workforce increased by 99% and the total workforce grew by 56%. Also, female drivers increased by 84% while the number of all drivers grew by 58%.

Between 1960-90 Ohio’s urban population increased by 13% while urbanized land grew by 64%, 4.7 times faster then the population. High rents encourage the movement from central business districts and because land may not be "clean", developers often find it profitable to use undeveloped land beyond the city.

Government policies encourage sprawl by building infrastructure and providing money for local economic development. Federal transportation policies make the entire country accessible supplanting railroads and waterways in many places. The 1997 Ohio Department of Transportation (ODOT) budget allocated 25% to major new construction that will increase road capacity to suburban counties. ODOT’s Access Ohio proposes "macro-corridors" connecting most of Ohio’s counties and highway widening. With new roads for subdivisions and parking, local government policies affect sprawl.

All taxpayers bear transportation policy costs because subsidies are needed to supplement low gasoline taxes that fund road maintenance. Yet there is little government investment in public mass transit. The 1998 ODOT budget had 19 times as much money (both federal and state) for highways as for transit.

The Ohio Environmental Protection Agency (OEPA) regulates distribution and treatment of water supply and waste. The Ohio Department of Development (ODOD) funds extensions of water and sewer lines into new areas through its Community Development Block Grant program. The Ohio Public Works Commission provides money to local governments for infrastructure expansion. Such government infrastructure and transportation policies can open the entire state to development.

The federal tax code has favored new housing vs. rehabilitating older structures and with mortgage interest deductions, larger mortgages are encouraged. Ohio policies support development of rural areas and farmland but little to redevelop center cities and inner-ring suburbs. The ODOD affects the location of housing through its Ohio Housing Finance Agency which allocates credits against income taxes, prefers certain types of areas and includes new construction. Thirty-three Ohio counties have enterprise zones originally designed to aid distressed cities. As amended in 1987 the law includes "vacant and undeveloped land" as criteria for economic distress and was extended to rural areas.

Local zoning regulations are legal ways to control land use. Zoning, a restrictive approach, is often challenged in courts and enforcement may be weak. A lack of expertise on local planning and/or zoning bodies whose members are appointed contributes to zoning weakness.

 

EFFECTS OF SPRAWL

ENVIRONMENT With suburban growth, open space is lost which destroys plants and animal habitat. In Ohio less than 10% of original wetlands remain. Removing ground cover and trees for construction and agriculture causes silting, flooding and contamination of streams and rivers. Replacing green space with asphalt reduces the land’s ability to absorb precipitation and road salting in winter harms plants. The use of land, a local responsibility, affects surface water quality. Nonpoint runoff from urban and urbanizing areas and loss of waterway integrity are serious treats to water quality. Long-term, regional planning is deemed essential to avoid further degradation as land development continues. Air, light, noise pollution increase as suburban growth spreads.

TRANSPORTATION In the last 40 years, the number of vehicle miles traveled (VMT) increased four times faster than the population. While fuel efficiency of cars doubled between 1973-90, 19% more gasoline was burned. The Federal Highway Administration considers 59% of its major roads in poor-to-fair condition. Fifty-five percent of Ohio’s roads were rated as such in 1995 and one-third of the bridges need improvement. ODOT reports that the percentage of road pavement classified as poor-very poor" rose from 8% in 1989 to 17% in 1994.

According to the 1996 ODOT Report, although 35th in geographic size, Ohio is sixth in population. With one of the nation’s largest transportation networks, Ohio is fifth among the states in volume of traffic, fourth in the size of its interstate highway network and second in the number of bridges. The state’s road system has grown 1.3% in 20 years, but traffic has increased by 30%. While interstate highways in Ohio comprise 1.7% of the roads, they account for 12.6% of VMT and have become a main route for commuters. Traffic on interstates in urban areas has increased by 49%.

Scattered suburbs make mass transit less efficient. There are 55 transit systems in Ohio (22 urban [buses] and 33 rural [vans, taxis]). Thirty-eight counties have no public transit. Although investment in transit has increased, fleet size is stable, vehicle ridership has decreased by 25% in urban areas and increased by 18% in rural areas but the rural riders remain a small percentage. The state’s percentage of funding has been constant for 10 years.

SOCIAL Social effects of sprawl stem from decentralization of activities. With houses separated from workplaces, schools and shops and farther traveling distances, fewer destinations are shared and there is a loss of a sense of community. A shortage of affordable or low income housing in suburbia contributes to the polarization of communities by income compounded by a scarcity of public transit. Those who cannot afford to move out of cities become concentrated in older city areas and the need for social services increases there.

Ohio’s seven major metropolitan areas continue to sprawl with Columbus’ population growing most rapidly. Between 1980-95, 90% of new housing was constructed in those seven areas: 50% in the seven counties and 40% in the 26 counties adjacent to those seven. Little underdeveloped land is left in Cuyahoga county, the state’s most developed county. It is expected to be completely built up within the next 20 years. Most sellers in all seven areas move away from the central city, move upward in price (at least 50%) and most higher-priced houses are located farther out.

ECONOMY Sprawl accelerates an insidious progression of decline that rolls from center city through the older suburbs. In 1996 dollars, the assessed valuation of Ohio’s central cities rose 68% from 1948-1996, but their share of the metropolitan area’s taxable valuation shrank from 52.5% to 22.4%. Growth in the metropolitan area’s share went marginally to the inner-ring suburbs (15.5% to 17%) and dramatically to the outer-ring suburbs (32% to 60.6%) The 1996 assessed valuation of the latter exceed that of the central cities and the inner-ring suburbs combined.

From 1995-97, Ohio ranked 1st in the country in attracting new businesses, 16% more than any other state. Almost 3,000 new or expanded facilities were added, an indication of the determination to spur growth in the state. Sprawl drives up land prices near cities, and Ohio’s main business, farming, is suffering as prime farmland is converted to other uses.

Competition in the marketplace has moved from local to global. The concept of city-states is being applied today to sprawling metropolitan areas that encompass satellite cities, areas that do not respect old political jurisdictions. Potentially the regional city-state is a competitive unit with other city-states in the global economy. The economy of suburban areas is tied into that of the city they surround. If they contribute to city’s deterioration, they negatively affect their own economy and the ability of the entire region to compete is reduced. Detroit provides an example. In five Ohio communities, it costs the local government on average $1.42 to service each household per $1.00 in taxes paid by that household. Servicing other land uses is less costly.

EDUCATION In 1996-98, 76 new schools opened in Ohio: 32 elementary, 29 middle and 15 high schools. Located in 33 of the 88 counties, the most new schools are Cuyahoga with 13 and Franklin with 10. During the interval, 36 schools closed in 21 counties: 26 elementary, 4 middle, 5 high schools and 1 adult center. City closings included 7 in Youngstown, 3 in Lorain, 2 in Cincinnati, 1 in Cleveland.

Between 1989-98 about 1.5 times more school districts had enrollment increases than decreases. Of the 11 fastest growing districts, six are in the vicinity of Columbus, two near Cincinnati and one near Dayton. The suburban locations of many of these schools are an indicator of the extent of sprawl and the education costs associated with it.

POLITICS Conflicts arise over development projects and their impacts. Economic and political boundaries rarely coincide providing a reason for cooperative efforts among neighboring jurisdictions. Without regional planning, incompatible land uses cause friction between suburbanites and farmers, and annexations pit cities against townships. Water fights have erupted over extensions of water and sewer lines. Interjurisdictional competition for new businesses can jeopardize regional cooperation.

OHIO’S HISTORY

Ohio municipalities obtained the right to zone in 1915. In 1926 the U.S. Supreme Court upheld the constitutionality of zoning. Zoning in unincorporated areas of Ohio was extended to townships and counties by enabling legislation in 1947, but no planning has been mandated in the Ohio Revised Code.

Ohio is called a "small box" state because of its many jurisdictions: 88 counties, 942 municipalities and 1,317 townships, the fourth largest number governing units (2,347) in the USA. Such fragmentation is a hurdle to regional planning, without which there is little coordination among jurisdictions. Most of Ohio’s counties lack comprehensive plans. Wayne county’s new plan may be a model for the state with a bottom-up approach involving many citizens. Main recommendations include: concentrating development in existing municipalities and encouraging higher densities in order to save land, and reduce sprawl and the need for new infrastructure.

Assessing impact fees (paid by developers to finance public improvements needed because of new development) are used by cities in Ohio to recoup additional infrastructure investments due to new developments. Because there is no state legislation authorizing such fees, they are often challenged and decided on a case-by-case basis. Courts have ruled such fees constitutional when assessed on a rational and proportional basis. Thus, the additional need must be proportional to population growth due to the development and the funds collected must benefit that development.

Planning in the 1970’s was abandoned in the 1980’s because of an economic downturn. Controversy over land-use planning continues and little planning is underway in the state. The federal "takings" bill, recently debated, would jeopardize local land-use planning by allowing developers to sue in federal court on rejection of a land-use proposal and evade local jurisdiction.

SOLUTIONS

Begun in the 1970’s, growth management proposals are an effort by governments to reach a balance between natural systems (land, air, water) and development (industrial, commercial and residential). Government policies that subsidize sprawl could be reformed to support revitalizing cities. More compact development patterns that would reduce land consumption, such as cluster development, could be used. Supporting a well-designed, environmentally sound, mixed-use mass transit-oriented development could help control sprawl. Also assessing true costs and benefits and taking a regional approach to land-use planning could be utilized.

Implementing changes might include state mandates requiring county and local land-use planning and zoning. Enforcement measures might include sanctions such as withholding state money or incentives such as state financial support for planning and growth management.

Zoning could be changed to encourage mixed-use areas. Other methods of controlling growth can supplement zoning. Some communities restrict the number of building permits, sewer hookups, or similar services over certain periods of time. Some require environmental impact assessments for all proposed projects (review and demonstration of compliance with the requirements of the National Environmental Policy Act of 1970).

To support urban revitalization, incentives for living in the city and mass transit could be developed with public/private funds. User fees could be charged for direct costs of automobile transportation while encouraging alternative methods of transport such as bikepaths and sidewalks. Charges for new infrastructure could bear true costs. Equivalent resources for all schools is important to the economic well-being of a region and the state.

Other tools include:

land trusts: community-based conservancies that protect land by a variety of techniques;

conservation easements: permanent legal protection against damaging uses of the land by conferring some of the property rights on a qualified organization;

purchase of development rights: state/local government buys development rights to conserve green space.

Interest in "smart growth" programs aiming to rebuild older urban areas, reduce subsidies for sprawl and preserve open space and farmland is growing in the U.S. A Smart Growth Agenda for Ohio has been proposed through the environmental planning organization EcoCity Cleveland.

OTHER STATES

Eleven states have comprehensive planning and growth management legislation. Hawaii’s growth management law dates from 1961. It set up four zones, one dedicated to agriculture. In 1965, California required all local governments to plan. Oregon pioneered statewide land use planning in 1973, requiring all counties and cities to draw up comprehensive plans that complied with 14 goals. Florida’s 1985 Growth Management Act is based on concurrency: local governments set minimum levels of service for infrastructure and new infrastructure at that level must be concurrent with new growth. The New Jersey 1986 State Planning Act led to a Development and Redevelopment Plan in 1992 that guides state policies. Maryland passed five Smart Growth and Neighborhood Conservation initiatives designed to fight sprawl, fix old cities and save farmland by making sprawl pay for itself.

URBAN REVITALIZATION

Many cities grew up next to prime farmland. As population increases and suburban sprawl continues, megalopolises are growing. Cities run into each other: Bowash (Boston to Washington, D.C.), Chipitts (Chicago to Pittsburgh), including Toledo, Cleveland, and Akron is growing closer to home. Resulting city problems include: deteriorating services, aging infrastructure (streets, bridges, building, water and sewer lines), dwindling tax revenues.

Ohio state policies are not designed to maintain or redevelop cities as they age. New development in outlying areas has been encouraged and subsidized. Economic incentives could be offered. Regional tax-sharing could provide more equitable distribution of an area’s wealth. Cleaning brownfields could restore these sites to productive use for cities. Many public transportation options are needed along with the redevelopment of housing including higher end housing in inner cities.

Cities need to provide good services at reasonable prices and on time. Livable cities also need to be safe places with clean air, more green space, better schools and kid friendly areas.

FARMLAND PRESERVATION

The challenge to protect farmland and the open space it provides has increased. Farmers are pressed to make a living in farming. Communities are struggling to accommodate increasing populations and the development that goes with population growth. Globally 3% of the land on earth is suitable for growing food. In the U.S., farmland is being lost at a rate of 1.4 million acres per year. From 1954-92, 28% of Ohio’s farmland was converted to non-agricultural use. In the two decades preceding 1990, while Ohio’ population increased 2%, consumption of farmland increased five times that rate.

In 1995, Ohio had 74,000 farms covering more than 15 million acres with an average size of 205 acres. From 1974-92 Ohio lost:

21,447 farms
23.3% of all Ohio farms
1,420,269 acres of farmland to other uses
9.1 % of Ohio farmland to other uses

A 1997 American Farmland Trust study identified the Eastern Ohio Till Plain as the 7th most threatened agricultural region in the nation.

Farmers make up 2.4% of the nation’s population and one in sixteen rural dwellers lives on a farm, yet farmers own or rent most of the private land in America.

A 1977 State Task Force examined land use decisions. Recommendations included:

• individual landowners should be authorized to create agricultural districts voluntarily;

• government actions should respect the long-term commitments by landowners forming agricultural districts;

• the state should adopt a policy which encourages agricultural land use;

• the primary application of agricultural use value assessment should be in agricultural districts;

• zoning enabling statutes should authorize the recognition of agriculture as a principal use.

Although modified, two important programs for agricultural protection resulted: Current Agricultural Use Value (CAUV), a means of determining property taxes on agricultural land and Agricultural Districts, a voluntary participation program for farmers/landowners which protects from nuisance suits and from assessments on water and sewer line construction for the length of time enrolled. The county auditor administers both programs.

Programs and incentives for preserving agricultural land are available. These tools include: Purchase of Development Rights (PDR), Transfer of Development Rights (TDR), zoning, land trusts, cluster development, deed restrictions, tax programs and growth management.

Resulting from the 1997 Farmland Preservation Task Force, an Office of Farmland Preservation has been created under the Ohio Department of Agriculture and Ohio House Bill 645 was proposed but not acted upon. Two other pieces of legislation have been signed into law. In March 1998, the Governor signed the Family Farm Loan Guarantee Program designed to aid family farmers secure low interest loans to assist in start-up operations or improvements. And in January, legislation was signed that enables local governments to purchase the development rights from landowners who voluntarily sell those rights to protect farmland or open space. It permits counties to raise funds to acquire those development rights known as "conservation easements".

The Ohio Department of Development has $10,000 matching grant money available for communities willing to begin comprehensive planning addressing farmland preservation. Many Ohio counties are expected to participate in this project.

At least 18 states and some counties across the nation have active farmland preservation programs. Ohio farmland preservation proponents, including the Ohio Farm Bureau, have organized field trips to visit areas, administrators, and farm owners in states where agricultural protection programs have been in operation, including Pennsylvania and Maryland. Maryland’s PACE (Purchase of Agricultural Conservation Easement) programs and its "Smart Growth" Initiative were observed.

Washington Township in Shelby county has adopted an agricultural zoning code designed to deflect development and the costs incurred. Development is directed to areas in the township most prepared to deal with it. Preble county, north of the Cincinnati Metropolitan area, has adopted a strict zoning code of 40-1, 40 acres to 1 dwelling. These new zoning ordinances have yet to stand a court challenge.

GLOSSARY

Agricultural District A district is voluntarily created by landowners who receive benefits such as: exemption from sewer and water assessments, greater protection against eminent domain, possibly use-value taxation and eligibility to sell development rights, usually in return for not developing the land for a certain number of years.

Cluster Development This open space development option allows development to occur in a manner which leaves large blocks of open space or farmland. Cluster development often provides a municipality more flexibility regarding regulatory controls, preserving environmentally sensitive areas while concentrating development on the most suitable land.

Conservation Easement A legal document that restricts the use of land to farming, open space, or wildlife habitat. A landowner may sell or donate an easement to a government agency or a private land trust. A conservation easement generally precludes future or additional development of the land.

Enterprise Zone (EZ) An area in which economic development may be encouraged by incentives offered to businesses as inducements to locate or expand there.

Farm Land and buildings devoted to the production of crops and/or livestock. The U.S. Census of Agriculture defines a farm as producing at least $1,000 a year in crops and/or livestock. A commercial farm can be defined as producing at least $10,000 a year in gross sales.

Growth Management The use of regulations and incentives to influence the rate, timing, location, density, type and style of development in the community.

Impact Fee Money collected from developers to finance public improvements needed due to new developments.

Land Trust A private non-profit organization that qualifies as a charitable organization under Section 501c(3) of the Internal Revenue Code. A land trust may receive donations of property, development rights or money. Donations may qualify as tax deductions. A land trust may also purchases property and development rights.

Purchase of Development Rights (PDR) The voluntary sale of the rights to develop a piece of property by the landowner to a government agency or a land trust. The sale price is determined by an appraisal. The land is restricted to farming or open space.

Tax Abatement The reduction of taxes for a short period of time, often offered to business in enterprise zones.

Transfer of Development Rights (TDR) Property that may not be used on the land from which they come. TDR may be sold to be used on a designated site in a receiving (growth) area. When TDRs are sold, the land they came from is restricted to farming. TDRs require that zoning be in place in both the sending and receiving areas.

Zone An area, or areas, of the community or county in which certain land uses are permitted and other uses are prohibited by the zoning ordinance. Common zones are residential, commercial, industrial and agricultural.

Zoning Efforts Zoning is the traditional method for communities to control development into rural and underdeveloped areas. It is different from typical zoning in that agricultural zoning is intended to protect a resource rather than just give order to development. Increasingly, zoning efforts have become more innovative, often including such schemes as sliding scales and agricultural security areas. Agricultural security areas help protect blocks of agricultural land, are initiated by a landowner, require a large minimum lot size and must be kept in agricultural use for the length of the agreement. In exchange, the community agrees to minimize the impact of adjacent development on agriculture. Other zoning options include lowering the density permitted in agricultural areas or utilizing cluster development layouts to protect farmland. Other zoning techniques include: overlay zoning, quarter-quarter zoning and sliding scale zoning.

CURRENT LWVO LAND USE POSITION

LAND USE

Positions

LWVO believes:

(Adopted March 1975)

1. The State of Ohio should provide authority and incentives for local governments to exercise innovative land use planning and regulatory techniques such as: land banking, planned unit developments, transfer of development rights, limited development ordinances, and scenic easements.

2. There should be an enforcement system that includes a method of appeal or arbitration where conflicting land use needs exist.

(Adopted March 1977)

3. Eminent domain shall be used by the appropriate governmental or "quasi" governmental body as a means of acquiring land for the following purposes, providing that good land use planning and decision-making procedures have been instituted and provided that such application is used only after all other methods of acquisition fail:

a. highways and railroads

b. parks and open spaces

c. utility corridors

d. power siting

e. public developments (i.e., schools and hospitals)

f. urban renewal

g. transportation terminals

h. areas of critical concern such as fragile or historical lands.

 

CURRENT LWVUS LAND USE POSITION

The League supports:

* management of land as a finite resource not as a commodity, since land ownership, whether public or private, carries responsibility for stewardship;

* land-use planning that reflects conservation and wise management of resources;

* identification and regulation of areas of critical concern;

* fragile or historical lands, where development could result in irreversible damage (such as shorelands of river, lakes and streams, estuaries and bays; rare or valuable ecosystems and geological formations; significant wildlife habitats; unique scenic or historic areas; wetlands; deserts);

* renewable resource lands, where development could result in the loss of productivity (such as watersheds, aquifers and aquifer recharge areas, significant agricultural and grazing lands, forest lands);

* natural hazard lands, where development could endanger and life and property (such as floodplains, areas with high seismic or volcanic activity, areas of unstable geologic, ice or snow formations);

* reclamation of lands damaged by surface mining waste disposal, overgrazing, timber harvesting, farming and other activities;

* acquisition of land for public use;

* identification and regulation of areas impacted by public or private investment where siting results in secondary environmental and socioeconomic impacts;

* review of environmental, social and economic impacts of major public and private developments;

* review of federally funded projects by all government levels;

* conformance of federal land resource activities with approved state programs, particularly where state standards are more stringent than federal standards.

 

CURRENT LWVUS RESOURCE MANAGEMENT POSITION

Resource management decisions must be based on a thorough assessment of population growth and of current and future needs. The inherent characteristics and carrying capacities of each area’s natural resources must be considered in the planning process. Policy makers must take into account the ramifications of their decisions on the nation as a whole as well as other nations.

To assure the future availability of essential resources, government policies must promote stewardship of natural resources. Policies that promote resource conservation are a fundamental part of such stewardship. Resources such as water and soil should be protected. Consumption of nonrenewable resources should be minimized. Beneficiaries should pay the costs for water, land and energy development projects. Reclamation and reuse of natural resources should be encouraged.

The League believes that protection and management of natural resources are responsibilities shared by all levels of government. The federal government should provide leadership, guidance and financial assistance to encourage regional planning and decision making to enhance local and state capabilities for resource management.

The League supports comprehensive long-range planning and believes that wise decision making requires:

• adequate data and a framework within which alternatives may be weighed and intelligent decisions made;

• consideration of environmental, public-health, social and economic impacts of proposed plans and actions;

• protection of private property rights commensurate with overall consideration of public health and environmental protections;

• coordination of the federal government’s responsibilities and activities;

• resolution of inconsistencies and conflicts in basic policy among governmental agencies at all levels;

• regional, interregional and/or international cooperation when appropriate;

• mechanisms appropriate to each region that will provide coordinated planning and administration among units of government, governmental agencies and the private sector;

• procedures for resolving disputes;

• procedures for mitigation of adverse impacts;

• special responsibility by each level of government for those lands and resources entrusted to them;

• special consideration for the protection of areas of critical environmental concern, natural hazards, historical importance and aesthetic value;

• special attention to maintaining and improving the environmental quality of urban communities.

February 1999

League of Women Voters of the Cincinnati Area
103 William Howard Taft Road, Cincinnati OH 45219
phone (513) 281-8683, fax (513) 281-8714
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