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rv(|uirv b**f<»rf tl may be
<br />ission. 'I he approval of
<br />I shall rt-quiro a finding
<br />detrimentally affect or
<br />» us ihukIs, slrfurns.
<br />hut will preserve and
<br />the development’s site
<br />featurt^s and the site's
<br />^d in the designing and
<br />>t.
<br />I)ei‘ii received so that the
<br />trees, and other natural
<br />rat of building operations
<br />»vcd for the placement of
<br />leared.
<br />substantially reduce the
<br />ity of any watercourse,
<br />e and volume of flcKjJ at
<br />ditions are suitable for
<br />n and the drainage is
<br />and environmontallv
<br />r«!C from offensive noise,
<br />Llier particulate matter,
<br />r pollution, and other
<br />bstantially damaged by
<br />ded development outside
<br />gni/es that there may be
<br />natural environment and
<br />isi/es the reasonableness
<br />alternutivcs to the use-
<br />id sets out some g<*nerul
<br />ting the proposal. This
<br />potential u.se of his land
<br />tiH:hnique for providing
<br />. They allow landowners
<br />5 from one part of their
<br />insfers are similar to
<br />pt that they are not sold
<br />’ a formula which relates
<br />; Oro.Mo ordinance allows
<br />urtion of the wethmds as
<br />s connected to a public
<br />1 land within the Flood
<br />n Area, the owner or
<br />with an amount cf this
<br />Wetlands Conservation
<br />iig the amount of his
<br />ialifies for develojiment
<br />L-s of complying with the
<br />jildmg-uniL-to-land-area
<br />iremenfs (*f the land
<br />es of the Villaije cM-ept
<br />ll.se.s.”
<br />this technique in its
<br />liding-bcalc formula: li e
<br />47
<br />» t
<br />.■iff
<br />4
<br />■; '.!■
<br />•>
<br />■*• ■el'.'/■f
<br />gre.tftT the percentage of total pro|H»rty in the floodplain,
<br />the less the |H*ri'eiitage of that area which can In* used to
<br />calculate density and floor ait‘a transferable to the
<br />remainder of the tract. Palatine has also includetl a
<br />provision which allows contiguous landowners with less
<br />than rive acres to assemble property with adjacent owners
<br />to deveh*p a unified plan. They hope this will lend to more
<br />integrated land planning in these areas, as indicated by
<br />this excerpt from the ordinance:
<br />“Density Transfer The Flood-Plain Areas in calculating
<br />the floor area or lot-size density for an entire tract of land
<br />I hereinafter referred to as 'density transfer'! in accordance
<br />with the following conditions and restrictions:
<br />111 Density Iransfers shall not be permitted for tracts of
<br />land less than five (5) acres in size; provided that owners of
<br />two or more tracts of contiguous land may agree to have
<br />such tracts considered as a single unit in order to qualify
<br />for density transfers hereunder.
<br />(2) A plat of survey shall be submitted with each
<br />application for density transfer, together with a
<br />tcrlification by a registered professional engineer in the
<br />State of Illinois, certifying as to that portion of floodplain
<br />which covers the subject tract or tracts of land. IVecise
<br />location of the floodplain shall shown on a topographic
<br />map at a contour inverval of not greater than two (2) feet.
<br />131 1 he maximum allowable density which may be
<br />transferred shall be computed in accordance with the
<br />following talile:
<br />Portion of Tract in Flood-
<br />Percentage of Total Tract plain Which May Be Usetl
<br />in I* loodplain in Calculating Density
<br />for the Entire Tract
<br />lx!ss than 25%
<br />25% to 50%
<br />50% U>75%
<br />75% or more
<br />100%
<br />75%
<br />50%
<br />25%
<br />(4) 1 he f resident and Board of Trustees may prescribe
<br />such other rea.sonable limitations, conditions, and
<br />restrictions upon transfer of density in each case os are in
<br />the interests of preserving the public safety, health,
<br />comfort, and welfare.
<br />Similar ti>chniques are cmploycti by allowing the
<br />wetlands to count as yard requirements or open-space
<br />requirements in cither residential zones or planned unit
<br />developments.
<br />The courts have frowned on highly restrictive districts
<br />which continue to tax and assess the land on the basis of
<br />developed use. The communities cannot restrict all uses
<br />and .still continue to levy taxes or assessments which
<br />assume that a land will developed. Most communities
<br />have attempted to adjust for this consideration by
<br />developing special tax ami assessment policies. It is
<br />difficult to do this with the property tax since it goes
<br />against the uniformity requirements of constitutional
<br />provisions in many states. Presumably the value of the
<br />land will decline because of the local government's
<br />restrictive rcj^ulation. The uncertainty of whether a
<br />piircha.sei will bo able to use the land through a special-use
<br />p<>rmil or through variance procetlures or zoning
<br />changes should dei>rvss the value <»f the land. I,o/pcally.
<br />this will lower the properly tax assesstnenl against the
<br />land, hut unfurt'iiiat<-ly these assessments reflect market
<br />yalne, and the market does not follow local zoning
<br />considerations.
<br />One way of giving special tax consideration to these
<br />lands, however, is through .some process of ea.'^trnents or
<br />dedication.s which do not necessarily require public access.
<br />If the landowner provides the community with a
<br />permanent scenic or conservation easement to run with the
<br />land, t hen the valuation of the land can he adjusted for the
<br />purposes of real estate taxation. In addition, the land-
<br />owner can use the value of the easement for an income ta.x
<br />deduction as a contribution or gift.
<br />Some communities have put such provisions into their
<br />wetlands ordinances. '1 hi.s has the advantage of
<br />publicizing this possibility to landowners and also places
<br />responsibility on the community for accepting any of these
<br />casements and adjusting property taxation accordingly.
<br />A nraore general technique for providing a landowner
<br />financial con.sideralion for his land is to remove his
<br />obligations of special assessments to defray the cost of
<br />municipal improvement projects such as .sanitaiy sewers,
<br />water nuiin.s, and storm sewers. These asse.ssments
<br />represtml a much smaller amount of revenue than the
<br />property lax, but the technique does provide a break Uir
<br />the landowner. Since the special assessments are not a
<br />tax, the community has considerable discretion in
<br />adminisierir.g them. The only requirement is that they
<br />cannot charge more than the special benefits derived, but
<br />tan defer or adjust to them. Coiise(|uently, most
<br />communities do n»)t count the area within a wetland
<br />protM ti(.n district when calculating tho.se assessments.
<br />1 here is .some advantage in deferring assessment, rather
<br />than granting a zero assessment for these areas, since it
<br />would tieflatc the value of the land for development, ’i his
<br />would operate as a check on a landowner taking advantage
<br />of a special a.sscs.sment break and then tryine, to develop
<br />the land lali-r when the value has increased. Another check
<br />on this alnise i- *o rcciuire an ea.sc-ment in the same manner
<br />as that for preq., .-ly lax devaluation. If the easement route
<br />is taken, then the.<e conditions are included in the
<br />wetlumis ordinance.
<br />Buffers to Control l.'eveinpment Activity Adjacent to the
<br />Wetlandji District
<br />Obviously, it niukc«s little cnvironim-ntal sense to place;
<br />.strict controls over the wetlands and ignore activities
<br />occurring at the hnundarie.s of the wetland district. Hence
<br />the buffer concept is a useful device who.se essenti.d
<br />purpo.se IS to maintain compatible develofiment adjacent
<br />to tho wellands district.
<br />Areas adjoining wotiands districts tcfui to exhibit
<br />continued sensitivity. Sensitive .soils, watercourses, steep
<br />s opc areas, and 4echarge areas are often near wetlaitd
<br />areas. Further, rven if the adjacent land is not sensitive in
<br />I'self. the pro.cimity to the cvetland calls for special
<br />otJci'Hon, which the buffer zone* cBn provide.
<br />A wetland buffer zone can follow two basic ap
<br />proaches. First, the Iniffcr can he a fixetl area from the
<br />houndaries of the wetland district. This n.ighl rang- from
<br />aO fisft to 200 feet depending on the-importance of the
<br />1
<br />/
<br />r
<br />.-t
<br />I .
<br />1-y
<br />M
<br />!{
<br />h
<br />wet Lout area,
<br />iixed area, r
<br />sensitive lam
<br />.New York
<br />rec-oinnu-tuled
<br />I.OtKIfoot hi
<br />im|M>rvious su
<br />Shoreline Ma
<br />running 200 fr
<br />line to all wei
<br />fixed area, the
<br />mental contro
<br />uses. Key amo
<br />the by-produc
<br />runoff, erosion
<br />exjrcised thn
<br />through exten!
<br />erosion and rui
<br />stringent regu
<br />mercial and in
<br />would also be
<br />IM.ssibility of
<br />commercial pre
<br />be to limit com:
<br />significant liqu
<br />The floating
<br />the same purpi
<br />more stringen
<br />by-products of
<br />the local comm
<br />coupled with th
<br />preser. eofrelui
<br />the buffer could
<br />type, sIo|ie, dr
<br />Imundary woul<
<br />adjacent sensiti
<br />ment within thi:
<br />show the relatif
<br />sensitive land a
<br />and account for
<br />The principal
<br />simply the aval
<br />tho.se -t^reas will
<br />the fixed buffer
<br />with extensive
<br />buffer would n
<br />objective of the I
<br />u.so.s while placir
<br />the.se uses. The
<br />basic wetlands c
<br />mental consequvi
<br />Controlling the z
<br />The final diffic
<br />districts is simpk
<br />reflection of the
<br />watershtnl will <
<br />wetland. So, the
<br />closely tied to the
<br />In the waters
<br />directly related to
<br />procc.sses of runo:
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