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Perspective by ALFRED R. PAGAN, P.E., P.L.S.
<br />Has government regulation of land
<br />development gone too far?
<br />overnmental authorities, at
<br />just about all levels, may be
<br />stifling reasonable development
<br />of our nation's resources. I am motivated to write a column on this
<br />subject as I scan the first of 23, 36- by 24-inch site plan sheets for
<br />a 20-acre piece of property that is being considered for develop-
<br />ment The site is in asemi-residential municipality, not too far
<br />from where I live and practice engineering. Most, if riot all, of the
<br />environmental and other concerns listed on the site plan should be
<br />addressed. Each item, taken individually and out of context,
<br />appears to be reasonable. But the listing of information required to
<br />seek and get approval for the project, when taken as a whole, may
<br />be excessive. For example, the various, local deliberative bodies
<br />assess the following information and restrictions in deciding
<br />whether to approve site development:
<br />• building floor area proposed;
<br />• a "Bulk Requirements" listing of 88 types of use permitted or
<br />regulated, primarily by the municipality -including perform-
<br />ance standards involving fire hazards, radioactivity, smoke,
<br />atmospheric pollutants, liquid and solid waste, vibration, noise,
<br />odors, glare, and tragic;
<br />• type of land use permitted;
<br />• free-standing sign requirements -five types are noted;
<br />• regulations regarding attached signs (different from free-stand-
<br />ing signs), including the number, location, maximum dimen-
<br />sion, and total area of all signs;
<br />• four standards describing flag poles -only one is permitted
<br />with only one flag flown and only specified types of flags (U.S.,
<br />state, county, or foreign country), the maximum height is 40
<br />feet or 5 feet above the principal building, whichever is less;
<br />• buffers for residential and non-residential areas listing visual
<br />separation requirements;
<br />• environmental protection standards listing flood damage
<br />prevention, potable water protection, well monitoring, mining
<br />specifications, stormwater management rules, and control rate
<br />of runoff specifications;
<br />• street grades, curb return radii, sight easements, street and pave-
<br />ment material, and pavement thickness design standards;
<br />• sidewalk specifications, including widths, required illumination
<br />levels, maximum light fixture heights, maximum lawn gradients,
<br />embankment slope reyuirements, and minimum gradients;
<br />• detailed loading dock standards;
<br />• parking saturation and specifications regarding the type of
<br />angle parking permitted;
<br />• minimum two-way and one-way driveway widths, minimum
<br />widths for 90-degree parking, parking lot gradients, and spac-
<br />ing data for the handicapped; and
<br />• landscaping requirements, including minimum tree and shrub
<br />size and parking lot shade tree density-at least one tree per 25
<br />parking spaces is required.
<br />Other required data and restrictions include on-line septic
<br />disposal rules, conservation area(s), permitted shoreline develop-
<br />ment (if applicable), stream encroachment rules, wetlands data,
<br />seasonal high water data, soil removal specifications, and permitted
<br />solid waste collection and disposal details. Another listing on the
<br />same cover sheet spelled out many additional requirements, such as
<br />a saturation parking plan, pursuant to minimum parking provision
<br />requirements; architectural renderings, including side and rear eleva-
<br />tions; and a statement regarding sanitary sewage volumes permitted.
<br />Also, rerycling must comply with local requirements (Does this
<br />need to be stated?)> all utilities must be underground, and curbing
<br />must be made of Belgian block or concrete.
<br />Additionally, a stormwater drainage report must be provided,
<br />groundwater monitoring wells are required, and a minimum
<br />distance of 25 feet from wetlands must be maintained. Wetlands
<br />must be protected prior to construction with snow fences and
<br />filter fabrics.
<br />The following variances and waivers also are fisted:
<br />• the scale of the drawings will be 1 / 16 inch, although in this
<br />case, the permitted scale is 1/8 inch scale;
<br />• the plan meets Americans with Disabilities Act requirements
<br />that differ from the municipal requirements; and
<br />• the ordinance requires 9- by 20-foot parking space site, but a 9-
<br />by 18-foot size is provided to reduce impervious area and
<br />permit more landscaping area.
<br />I have not included all of the requirements or data shown on this
<br />one sheer, but you get the idea. One is titled "Indiana Bat
<br />Restrictions," banning tree removal during the breeding season for
<br />that endangered species, since the site is habitat for the Indiana bat.
<br />To summarize, local control of medium to large commercial
<br />projects is good for the environment, as well as for the people who
<br />live near them. But sometimes this leads to governmental overkill.
<br />The project discussed here may be such an example.
<br />As an aside, since I sometimes review projects such as this one
<br />in my consulting practice, perhaps I should shut up, do my
<br />reviewing, and just get paid for the work. But maybe less bureau-
<br />cratic overkill is necessary to ensure a high quality of life in and
<br />around acreage that is being developed.
<br />Governmental regulation of land development projects proba-
<br />bly has not gone too far. But perhaps detailing all of the precau-
<br />tions that must be taken should be left to the design professionals
<br />who have the responsibility -and expertise - to protect the
<br />environment, rather than to bureaucrats trying to anticipate all
<br />possible variations on the theme of land development. ^
<br />glfred R. Pagan, P.E., P.L.S.,'is a consulting`engineer in
<br />Hackensack, N.J. He can be reached at 201-441-9719; or
<br />e-mail him at pagan@cenews.com.
<br />22 CEMews I July 2006 ~ www.cenews.com
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