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Monday, March 11, 2019

PUDD & TDR NOT WORKING TOGETHER




Residents are calling for the elimination of PUDDs in Ballston

Within our proposed zoning amendment, there are 2 concepts in strong opposition. Both are known for their unique qualities and characteristics to bring forth change in 2 very different ways.

The first is a well-known concept called a Planned Unit Development District or PUDD for short.   This is a method of instituting a separate zoning rule within a township that has very strict regulations that a development concept cannot fit into.   It is looked at holistically to ensure continuity, value, and alignment with the comprehensive plan.   In theory it is a very nice capability that is useful when a project is presented that adds significant value to the township and is appreciated by all residents.   The town board has the ability to create this district with it’s own zoning to appeal to the town, residents, and developer.  

The second concept is also known within the state and supported by Agriculture and Markets to help save precious farmland while offsetting the forces of development into designated areas in which the town and the comprehensive plan intended.   It is not designed to stifle development, rather it is meant to target preservation and development.   This is known as the Transfer of Development Rights. (TDR).   The TDR is driven off the needs of the farmer to either use their land as a retirement, investment, or expansion.   A farmer can sell his or her development rights, thus applying a deed restriction on the land to be forever farmland.   In return a monetary payment is given.  You may ask, where does that payment come from?   The developer pays for it.   When choosing a “receiving” property, the developer must pay credits towards the chosen density.   In short, the TDR is a method of bartering density credits between farmland and designated lots that have been chosen by the town.

Now, this is where the opposition occurs.   When you put both concepts together, the incentive to pay for a TDR receiving lot is diminished.   It is much easier and financially beneficial to opt for a PUDD rather than pay density credits towards a TDR.  That is what we have in this legislation.  The PUDD and other such zoning concepts that are similar such as the Senior Living District contradict the goals set forth by instituting a TDR.   The question is, are we serious about “smart” development while supporting our cherished open space?   Let’s get rid of PUDD’s and Senior Living Districts.   Our town board dictates what is welcomed and cherished when selecting these projects.   Not you. 

- Join your neighbors at the Town Wide Public Hearing on Tuesday, March 12, 2019 at 6:00pm at Town Hall  and ask that PUDDs be eliminated from our town's zoning.

4 comments:

  1. Please include in a post like this one that it an individual or individuals position and thoughts. Not necessarily facts, but opinions. This resident is not calling for elimination of PUDDs, and as a matter of fact, find them to be useful many times in bringing benefits to a town that might not otherwise be available. Not all PUDDs are approved nor should they be, but many are the right way to approach development.

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  2. This is the expert the opinion of Rick Pruetz, FAICP. Rick invented the idea of TDRs. He is on the record saying there should be little to no other development options when going to a TDR zoning plan. PUDDS should not be a "work around" to TDRs. There is no more qualified expert on successfully implementation TDRs than Rick. Check out his site
    http://smartpreservation.net/about-rick-pruetz/
    - Eric Connolly

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  3. PUDDs are just a trick from developers to skirt zoning laws. I live in one approved in 2003. It was supposed to have commercial development and professional offices. None so far, so Ballston is allowing them to build more condos instead. Do ANY of the TOB PUDDs have commercial sites?

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  4. I'm glad to see the great detail here!. Krushia

    ReplyDelete

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