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9 Appalachian J.L. 21 (2009-2010)
Utilization of Cluster Developments, Conditional Zoning and Transfer of Development Rights in Conjunction with Conservation Easements as a Means of Sustainable Land Development in Virginia

handle is hein.journals/appalwj9 and id is 27 raw text is: UTILIZATION OF CLUSTER DEVELOPMENTS, CONDITIONAL ZONING AND TRANSFER OF DEVELOPMENT RIGHTS IN CONJUNCTION WITH CONSERVATION EASEMENTS AS A MEANS OF SUSTAINABLE LAND DEVELOPMENT IN VIRGINIA Scott L. Reichlet I. INTRODUCTION The intent of this study is to perform an analysis of the various land use planning mechanisms available in Virginia for sustainable land develop- ment with an emphasis on determining whether mechanisms exist such that developers could obtain approvals for smaller, denser developments in exchange for setting other real property aside permanently for conserva- tion. The study considers and analyzes Virginia's legal framework to determine what techniques are currently available considering the limita- tions placed on localities under Dillon's Rule. In addition, the study also analyzes and gives recommendations for future legislative and/or regula- tory changes and improvements. Consideration is given to the required balancing of the demand for future development in the coastal regions and other environmentally sensitive areas against the unique and potentially significant environmental impacts within these regions. Also, the study considers the development of market-driven approaches as opposed to reli- ance on regulatory restrictions alone. One of the primary focuses of the article is to investigate the possible mechanisms for land development companies to get approvals for smaller, higher-density developments, and in exchange for these concessions by the localities, set other properties aside in conservation easements that will prohibit future development on the areas set aside. From the perspective of the localities, this approach has appeal for several reasons. First, if the locality increases the zoning density on a parcel of property, and the land developer sets aside and retires a comparable amount of property within the same zoning district to offset the additional density, then there is no net change in the total density. Hence, the overall design is still consistent with the comprehensive plan for the locality. To illustrate, consider a developer that wishes to increase the zoning on a ten-acre waterfront par- cel from single-family, mimmum one-acre lot zoning to multi-family zon- ing for either condominiums or townhouses, wherein he can place approximately 40 units. In exchange for the 30 additional units, the devel- t P.E., Esq., Assistant Professor, Batten College of Engineering and Technology, Old Dominion University, Norfolk, VA. 21