1. Greening the Codes WMPF Land Use Training Institute
Land Use Law Center
Pace University School of Law
© 2008

2. Part I: Our Footprints: Carbon, Land, Building, Water

3. Climate Change
IPCC Consensus Climate Change is Real and Humans Contribute
Largest Contributor to Climate Change = CO2 Emissions
US is Largest CO2 Emitter in the World (China?)
Transportation Sector = 33%+

4. Socolow’s Stabilization Wedges
Energy Efficiency
Demand Reduction
Capture or Sequestration
Helps Organize Approach
Who Can Act
Based on Existing Technologies

5. The Land Use Stabilization Wedge
Shift Human Settlements to Reduce Use of Vehicles – Zoning and Planning
Energy Efficient Buildings and Appliances – Zoning and Code Amendments
Wind and Solar Energy – Facilitated by Zoning
Protection of Undisturbed Lands – Local Env. Laws = Sequestration

6. It Could Get Worse! The Next 100 Million
100 Million by 2043
70 million New Homes
100 Billion Square Feet of Non-residential development
Where this goes on the land is critically important

7. Overall Impact: Development “Opportunities”
66%+ of Development on the Ground by 2050 Will be Built between Now and Then
What we have here is a planning challenge, in need of a strategic approach.

8. Current Planning Paradigm The Business as Usual Approach
Suburban zoning creates single-family homes on individual lots
Markets and zoning produce 2600 sq. ft. homes
Vehicle Trips/day
VMTs Are Growth in Population
Impervious coverage/lot = c sq. ft.
No local energy efficiency requirements
Past Decade: 60% of Households Chose to Live in Single-family neighborhoods

9. Urban Sprawl Created by Local Planning
Zoning Districts Prescribe Low Density Pattern in Suburban and Exurban Areas
Developers Apply for Subdivision and Site Plan Approvals
Uncoordinated With Transportation
Slowly the Municipally-Created “Plan” for the Region is Built Out = Sprawl
The Phantom Region is found in the provisions of local zoning codes

10. DoE Forecast: Business as Usual
59% Increase in Driving Between 2005 and 2030
Outpaces 23% Projected Increase in Population
Overwhelms Both Gains in Vehicle Fuel Economy and Lower Carbon Fuel Content

11. The New Demography Aging – Empty Nesters (40 million)
Never Nesters/Singles (26 million)
Young Immigrant Households
60% of 100 Million will be inclined toward Urban Living – 20 million households

12. Shifting Ground by Planning for Compact Development
Compact, mixed-use development features:
smaller residential units
can be more affordable,
can offer bike and walking paths to
retail and services and to
schools and recreation, and, in some areas
transit stops.

13. Two Types of Compact Developments – TED and TOD
TED: Compact Development: 7-15 du/ acre. Requires fewer or shorter vehicle trips but most are not served by transit…yet = Less Driving.
TOD: Higher Density Urban Development: du/acre - connected to a transit stop and integrated with it = Less Driving.

14. Impact on Climate Change
Shifting 60% of New Population to Compact Development will save 85 Million Metric Tons Per Year of CO2 Emissions by 2030 (based on gradual increase of average density from 7.6 to 13 du/acre)
Growing Cooler: ULI et al.

15. Why the Carbon Footprint is Lighter
Fewer Cars
Service and Goods Within a Short Walk
Transit and Parks Within a Short Walk
Dwelling Units:
Are Smaller
Share Heating and Cooling
Have Less Exposure to the Elements

16. Shifting Ground: 60% Half to TED and Half to TOD
100 Million = 40 Million Households
Shift so that 60% chose either TED or TOD
Shifts 8 Million Households from Single Family Pattern to TED or TOD
If half chose TOD, we need places for 4 million households (10 million people) in Transit Oriented Developments at Higher Urban Densities

17. CO2 Saved Due to Shift of 4 Million H.holds (10 Million People)
National Average CO2 Emissions: 25 metric tons
Estimated TOD CO2 Emissions: 10 metric tons
Savings Per Person: 15 metric tons
10 Million X 15 mt = 150 Metric Tons Saved

18. Impervious Coverage Pollution – The Water Footprint
Single Family 1 Acre: sq. ft/unit*
Hudson Park South: 370 sq. ft/unit
Difference sq. ft./unit
X 4 Million = Less 33 Billion sq.ft
*EPA Estimate

19. Stormwater Runoff Flooding – The Water Footprint
Single Family 1 Acre* 18,700 cubic feet/year/unit
Hudson Park South: 266 units on 2.26 acres 229 cubic feet/year/unit
18, 471 cubic feet less
X 4 million households = 74 Billion cubic feet less
*EPA Estimate

20. Potable Water Used Shortages in 36 States - The Water Footprint
Single Family Homes Use 28 gallons/day/capita*
More than Multi-family Because of Outdoor Use
28 X 10 Million People x 365 days
100 Billion Gallons/Year Less
* U.S. Public Health Service Estimates

21. Single Family Homes: 2600 sq. ft. TOD Housing: 1500 sq. ft.
The Building Footprint Natural Resource Consumption Fossil Fuel Used in Manufacture and Construction
Single Family Homes: sq. ft.
TOD Housing: sq. ft.
Difference: sq. ft.
X 4 Million: Billion sq. ft.
Less Material and Construction

22. Benefits of Lighter Footprints
Reduced Driving
Reduced Size of Homes
More Thermally Efficient Buildings
Reduced Use of Building Materials
Less Development on Undisturbed Land
Less Water Use, Pollution, and Flooding

23. Part II: Planning the Land Use Stabilization Wedge

24. Northeast Climate Impacts Assessment
Municipal Zoning Laws and Local Incentives One of Top 3 Options for Mitigating Climate Change
Can Provide Low-Emission Transportation Alternatives
This requires Re-planning Human Settlements: Shifting Ground!

25. Zoning Implements TOD and TED Objectives and Standards
Evidence of Local Zoning Implementing TOD and TED – carefully coordinated with present and future transit services – is emerging.
Experimental Stage: What “Existing Land Use Technologies” are There & How are They Working?

26. Signs of Intelligent Life The Land Use Solution
Yonkers, New York
Bloomington, MN
South Salt Lake City, Utah
Town of Malta, New York
Chapel Hill. North Carolina
Austin, Texas

27. Common Elements Transit Area Defined – Present or Future
Transit Area Development Standards
Codified into Law
Mixed-Use, Compact Developments
Streamlined Approval Process
Incentives to Developers
Public Investments

28. Energy Star Construction Requirements
Greenburgh, Brookhaven, Riverhead and Babylon, Boston, Chicago, and Livermore (CA)
McMansion laws
Marin County, California
Wind Energy Conversion System Ordinance
Eden, New York
Solar Permit Ordinance
Albuquerque, New Mexico

29. Greening the Code Resources
EPA Energy Star Program
U.S. Green Building Council - LEED & LEED-Neighborhood Development
Center for Watershed Protection
Urban Land Institute
American Planning Association
Planetizen.org
Gaining Ground Ordinance Database (
Congress for New Urbanism
WMPF Brown bag on April 22nd

30. Scarsdale ARB Application

31. A TOD Case Study

32. Yonkers Land Use Plan Master Plan for the Waterfront
Amended with Hudson Park Project in Mind
Plan Contains Development Details
Plan Contains Performance Objectives
Plan Approved by City Council following Public Participation

33. Yonkers Zoning Waterfront Area Zoned PDR
PDR = Planned Development and Redevelopment
PDR Allows As of Right All Development Details Contained in Developer’s Site Plan
Site Plan Must Conform to Waterfront Plan

34. Environmental Review
Generic Environmental Impact Statement Prepared on Waterfront Plan
Development Details and Impacts Mitigated
Citizens Involved in SEQRA Process

35. Site Plan Approval
Developer’s Conforming Site Plan Approved by Planning Commission
Site Plan Requires No Further Environmental Review
Site Plan Approved
Development Review Process Streamlined

36. TOD Elements of Plan
Create Connection Between the Renovated Train Station and the Waterfront (Metro-North)
Promote Mid-Rise, High Density Development
Include Restaurant and Retail On Street
Include Office Development
Improve Public Access and Activity on the River (Scenic Hudson Easement)

37. PDR Zoning - Summary Waterfront Master Plan Approved by Council
Site Plan Approved by Planning Commission
Site Plan Conforms to Master Plan
Upon approval of the site plan the uses and building details contained in it “are deemed to be the permitted uses and dimensional requirements of the district.”

38. Intergovernmental Planning
Local Zoning and Planning
MTA Support and Cooperation
Federal Transportation Funding
County Recreation Funds and Plan
State Brownfields Regulations, Funding, and Tax Incentives
State Empire Zone Tax Credits
Private Sector Risk Taking

39. TED in Malta, NY Downtown Overlay Zoning Adopted Mixed-Use Town Center
¼ mile Radius – TND Design and Layout
Promotes Walkability – 5 Minute Standard
New developments “should be located within 1,320 feet of an existing or future transit stop.”
Compatible with Capital District Transportation Plan

40. More To Come Data Calculations Are Preliminary
Ordinances Being Posted:
Go there for Commentary and Ordinances
Contact me:

41. Planning for a New Direction