Transit-Oriented and Joint Development: Case Studies and Legal Issues (2011) / Chapter Skim
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III. STATUTORY/REGULATORY LAWS This section provides summary descriptions of statutory and regulatory programs adopted by federal, state, and regional governments to facilitate or promote TOD, TJD, and other related development types.
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according to "existing land use, containment of sprawl, transit supportive corridor policies, supportive zoning regulations near transit stations, tools to implement land use policies, and the performance of land use policies."32 ISTEA's successor, the Transportation Equity Act for the 21st Century (TEA-21) ,33 readopted the prior language on transit-supportive land use and added consideration of "cost of urban sprawl" and possible "reductions in local infrastructure costs achieved through compact land use development."34 In its subsequent implementing regulations, adopted in 2000, FTA elaborated on the statutory criteria, indicating that it intended to "evaluate existing conditions in the corridor and the degree to which local land use policies are likely to foster transit supportive land use, measured in terms of the kinds of policies in place, and the commitment to these policies."35 In making this evaluation, FTA announced the following factors as important: existing land use, likely impact of transit on future land use, 28 Pub.
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As Renne identifies, state-level policy on TOD can play an important role in financing strategic and stationarea planning, infrastructure, and streetscape improvements. Other roles for state government include promoting regional planning and coordination across state agencies, setting goals to facilitate tax savings, encouraging environmental stewardship, creating funding programs and incentives, reducing regulatory and statutory barriers to land use, promoting public–private partnerships, and establishing pilot programs.48 One of the earliest state-level TOD policies in the United States is California's Transit Village Development Planning Act of 1994,49 which establishes a planning goal for local, regional, and state agencies to direct new development into transit station areas50 and authorizes cities and counties to adopt transit village development districts meeting certain specified land-use and transit operational standards.51 Local governments that implement such districts may grant density bonuses of up to 25 percent to development projects meeting certain standards52 and may become eligible for special state funds allocated for transportation improvements in transit village districts.53 Once a local government adopts a transit village district, only public works projects, subdivision and parcel maps, and zoning ordinance amendments that are consistent with the district may be approved.54 Although tax-increment financing and land-assemblage authority were included in the original version of the Act, these powers were excised from the legislation before final passage.55 Insufficient state funding has reportedly hampered the Act's impacts on local TOD planning and zoning.56 The California Jobs-Housing Balance Improvement Program was created by the state legislature in 2000 to encourage the housing development of areas experienc 47 E.g., CERVERO ET AL., supra note 4; DITTMAR & OHLAND, supra note 8.
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Incentives include preferential access to state grants and technical assistance from a task force that includes representatives from state environmental, planning, economic development, housing, and transportation agencies.69 To qualify, local governments demonstrate a commitment for future housing, employment, and population growth; have a rail, light rail, ferry, or bus transfer station; and have vacant or underutilized land within walking distance of that station. The local government must also have an adopted TOD redevelopment plan or zoning ordinance that contains transit-supportive land-use designations, densities, site and architectural design guidelines, and parking regulations.70 Since the program's inception in 1999, 19 transit villages have been designated.71 A 2005 evaluation of 16 villages showed that in the program's first 5 years, more than 800 new housing units worth $191 million and more than $330 million in nonresidential development had been built in the villages.72 Connecticut's Transit-Oriented Development Pilot Program, adopted by the state legislature in 2007, authorizes the State Bond Commission to issue up to $5 million in bonds to support the creation of a TOD program in the state's department of transportation.73 The target of the program is to promote TOD planning and zoning initiatives in four rail and bus rapid-transit corridors in the state.
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Though not targeted exclusively at TOD, the program's goals are consistent with TOD outcomes: to encourage a diversity of mixed-income residential neighborhoods, employment, shopping and recreation choices at the activity center, town center, and corridor level; provide access to a range of travel options including transit, roadways, walking and biking to enable access to all uses within the study area; develop an outreach process that promotes the involvement of all stakeholders.82 Using $10 million in Federal Surface Transportation Program dollars, the LCI program has funded 86 planning studies for four development types in the Atlanta region: town centers, activity centers, corridors, and emerging regional centers.83 Planning grants are awarded according to an application's consistency with the policies of ARC's Regional Development Plan "to encourage activity and town center development."84 Transportation projects identified in the planning studies are then eligible for special funding through the region's long-range transportation plan and transportation improvement program. Selection of these projects for funding hinges on the applicant community's progress in implementing zoning amendments identified in the LCI planning study and the project's role in supporting a mixture of transportation modes.85 Funding for supplemental planning studies is also available for those communities that show a strong level of commitment to implementation of policies developed through the planning process.86 To date, more than $500 million has been allocated for the program.87 In 2004, three LCI study area plans were evaluated for their likely impacts on travel and air quality indices.
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A 2006 analysis of development capacities and market conditions along those transit extensions not currently meeting the policy's threshold levels indicates that the thresholds can be met with appropriate planning initiatives.96 The Indirect Source Review system of the San Joaquin Valley Air Pollution Control District in the Fresno, California, region imposes an impact fee on new landuse development to help mitigate transportation-related air pollutants (NOx and PM10) associated with the new development and to encourage developers to create projects that minimize emissions.97 The program, which applies to all development types over a minimum base level, assesses fees for the estimated 10-year total emissions associated with the development.
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While the policies do not, as a whole, call specifically for the creation of TOD/joint development projects and planning, they certainly implicate that style of development. The California Regional Blueprint Planning Program, administered by the state's department of transportation, provides grants to MPOs to engage in scenario planning analyses that will lead to the articulation of "regional consensus and performance outcomes on a more efficient land use pattern that supports improved mobility and reduces dependency on single-occupant vehicle trips," while accommodating an adequate supply of housing, reducing impacts on natural resources and air quality, and promoting a prosperous economy.103 Similar to the objectives of TOD, the 99 San Joaquin Valley Air Pollution Control District, On-Site Emission Reduction Mitigation Measures (2007)
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. 118 Southern Nevada Regional Planning Coalition, Southern Nevada Regional Policy Plan 20 (2001)
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Accompanying programs include a Smart Growth Incentive Zoning Program, a Smart Growth School Cost Reimbursement Program, a Priority Development Fund, and a Planning Assistance Grant Program.142 The San Diego Association of Governments' (SANDAG) Smart Growth Incentive Program uses infrastructure funding incentives to encourage coordinated regional planning to bring transit service, housing, and employment together.
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at 17. The loans help provide "bridge" funding of costs that are typically incurred through the development stages leading up to actual construction of housing projects, including land acquisition, professional services, site preparation, permitting and entitlement, and infrastructure expenses.150 Entities eligible for these loan funds include government agencies and nonprofit organizations that provide assisted housing for primarily low-income households.151 While the Department is required to give priority to projects located in public transit corridors when making general allocations of Predevelopment Loan Fund monies,152 the legislature has specified that funds from the Jobs–Housing Balance Improvement Program must be used for projects located within 0.5 mi of an existing or planned transit station "where two or more mass transit modes, or one transit mode with three or more mass transit lines, are accessible to the public."153 California's Transit-Oriented Development Implementation Program was established in 2006 by ballot initiative as part of the Housing and Emergency Shelter Trust Fund Act of 2006.154 The twin purposes of the Transit-Oriented Development Housing Fund, as the program is titled by the Department of Housing and Community Development, are to provide grants to local governments for TOD-related infrastructure and loans to help finance the construction of TOD-located housing.155 The latter component requires that loan recipients provide at least 15 percent of the housing units in a project at rates that are affordable for low- or verylow-income households and that the project be located no further than 0.5 mi from an existing transit station,156 or a future station that is part of a metropolitan or state transportation improvement program.157 While projects may include nonresidential components, including retail,158 the primary purpose of the fund is to provide gap financing for rental-housing projects and mortgage assistance funds for home-ownership projects.159 To maximize the fund's potential transit rider 150 Id.
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. would normally receive through other incentive programs.168 Oregon's Transit Supportive Multi-Unit Housing Property Tax Exemption Program allows cities and counties to provide property tax exemptions for affordable multifamily housing constructed on vacant or underutilized sites in rail station areas.169 Projects that qualify may be exempt from ad valorem taxation for up to 10 years.170 C
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