070615_Act 24 Online Web Text - Appalachian Trail Conservancy

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PA Act 24 Online
Act 24: A Brief History & Project Implementation
In June 2008, the PA Appalachian Trail Act was amended by Act 24, requiring the 58 PA municipalities along
the A.T. to take action to preserve the natural, scenic, historic, and aesthetic values of the trail and to
conserve and maintain it as a public natural resource. The legislation was prompted by a Commonwealth
Court case related to a proposal to construct a country club for sports car enthusiasts, which threatened a
portion of the Appalachian National Scenic Trail (A.T.) in Monroe County, Pennsylvania. Act 24 requires
such actions – including the adoption, implementation and enforcement of zoning ordinances as the
governing body deems necessary – to preserve those values. The PA Department of Community &
Economic Development (DCED) was further authorized to assist municipalities in complying with directives
listed in the act. An A.T. map showing the municipalities through which the Trail passes, enumerating Trail
protection challenges, and discussing the amended PA A.T. Act can be viewed here. The Appalachian Trail
Conservancy (ATC) now manages the Act 24 implementation project with oversight from the National Park
Service (NPS). ATC has expanded its capacity on this project through a technical assistance partnership
with Natural Lands Trust (NLT), a regional land conservancy with headquarters in Media, PA.
In September 2008, DCED appointed a Task Force to design a program to implement the intent of Act 24.
The Task Force identified the need for resource material to assist municipalities in developing zoning and
other conservation strategies most appropriate to their circumstances. The resulting Conservation
Guidebook for Communities Along the Appalachian National Scenic Trail (Guidebook) identifies seven
characteristics of communities that are most likely to be effective in addressing issues associated with the
Trail. Those characteristics – also known as the Seven Principles – provide the basis for a suggested
checklist for municipalities to use in making their own assessments of how well the Trail experience is
conserved in their community. The Seven Principles are introduced here. In addition to providing a
checklist, the Guidebook offers sample zoning standards and other resources that municipalities can use to
incorporate Trail and natural resource protections into their ordinances.
ATC Conservation Assistance Mini-Grant Program
In order to help municipalities implement Act 24, the ATC – in cooperation with the Kittatinny Coalition –
established the ATC Conservation Assistance Mini-Grant Program. Mini-grants are intended to stimulate
sound local land use planning, zoning regulations, and conservation-related municipal actions that align with
Act 24. $35,000 is available for award in the 2015 Round. Grant requests should be at least $2,500 but not
exceed $17,500. Funding priority will be given to municipal projects that implement five of the Seven
Principles. Funding cannot be used for land acquisition projects. Download application documents here.
Successful grant applications shall demonstrate how the project will protect the A.T. experience for future
generations of residents and visitors. Priority projects will be those that bring local zoning regulations and
plans into compliance with the Principles from the Guidebook, as follows:
1. Local Recognition of the Trail and its Significance/Trail-Related Landscapes (see Principles 1.0
and 2.0). Such projects could include amending a Comprehensive Plan to recognize the A.T. and its
adjoining resources; conducting an Environmental Resource Inventory; mapping a municipality’s natural,
scenic, and cultural resources and their relationship to the A.T; forming an Environmental Advisory
Council (EAC) and/or developing training for EAC members to advise them on the range of resources
and impacts associated with the A.T.; and adopting an Official Map under the Municipalities Planning
Code, which displays those existing and proposed public lands and facilities in the A.T. landscape.
2. Zoning for Landscape Protection (see Principle 3.0). Municipalities can amend their zoning
ordinances to conserve natural resources by limiting disturbance to steep slopes, woodlands, and water
resources. Natural Resource Overlay districts, or standards that address individual features such as
steep slopes, are examples of this technique.
3. Zoning and SALDO Mandates and Incentives for Conservation Design (see Principle 4.0). These
standards apply to residential development, setting aside open space each time a property is developed.
The resulting interconnected open space can add to local greenway networks and buffer the A.T. from
the impacts of new development.
4. Regulating Potentially High Impact Uses (see Principle 5.0). Priority also will be given to zoning
amendments that address high impact uses and the A.T. including light and noise pollution, wind
turbines, power lines and pipelines, cell towers, and buffering of adjacent incompatible development.
The ATC has completed an assessment, or review, of the Zoning and SALDO regulations adopted by each
municipality along the A.T. The ordinance updates suggested in the assessment are priorities for funding
under the mini-grant program. Please contact Alicia Riegel-Kanth at the ATC to discuss the assessment for
your municipality.
Navigation Buttons on Page 1:
The Seven Principles
Conservation Guidebook
PA A.T. Act Trail Map
Navigation Buttons on Page 2:
The Seven Principles
Conservation Guidebook
PA A.T. Act Trail Map
PRINCIPLE 1.0:
Local Recognition of the Trail & Its Significance
1.1 Local Access and the Trail Experience
1.2 Recognition in the Comprehensive Plan
1.3 Actions to Enhance Community Appreciation of the Trail
The community is aware of the Trail’s significance as a National Scenic Trail and recognizes that the
landscapes within its jurisdiction contribute to the quality of the Trail experience. It also recognizes the Trail
as a community asset and has adopted policies to protect the Trail and its related landscapes in its
Comprehensive Plan or other planning documents.
Read about Principle 1.0 on Page 17 of the Guidebook.
Examples
Northern Berks Joint Comprehensive Plan (2003) – Chapter 2: Community Development Goals and
Objectives
Schuylkill County Comprehensive Plan (2006)
Schuylkill County Open Space and Greenway Plan and Map (2006)
The Great Allegheny Passage (Cumberland and Pittsburgh Trails), Allegheny Trail Alliance – group rides,
events, and festivals
PRINCIPLE 2.0:
Trail-Related Landscapes & Key Parcels
2.1 Landscapes Contributing to the Trail Experience
2.2 Patterns of Current Ownership and Use
2.3 Identification Key Parcels
What is a landscape? It is a land mass that has at least one similar aspect across its entire
area. Landscapes have a large extent (1,000 to tens of thousands of acres). It’s is a complex concept and
can be defined in many ways. A landscape can be defined by various aspects that include terrain, wildlife,
habitat, natural resources, recreation, history, and culture – or a combination of these and more. What
makes a certain area a landscape is that the land mass in question has at least one of these aspects in
common.
An effective trail municipality has identified lands contributing to the Trail’s landscape experience, and it has
assessed patterns and trends in their ownership and use. In addition, it has identified key properties whose
future ownership and use could impact the Trail.
Read about Principle 2.0 on Page 19 of the Guidebook.
Examples
County Assessment in Open Space Plan – Berks County Greenway Plan – Hawk Mountain Region
Assessment
Municipal Assessment – Potentially Vulnerable Resources in Lower Merion Township, Montgomery County
PA
Article IV of the MPC – Official Map Language (Text)
Chestnuthill Township, Monroe County - Official Map (Image)
PRINCIPLE 3.0:
Zoning for Landscape & Natural Resource Protection
3.1 Applicability of Base Zoning to the Trail and Its Related Landscapes
3.2 Standards and Overlays to Protect Specific Resource Features
3.3 Regulations Addressing Narrow Sections of the Trail’s Protected Corridor
The municipality is using its zoning powers to help protect landscapes associated with the Appalachian
National Scenic Trail and other greenways within its jurisdiction. Its base zoning districts reflect the inherent
suitableness and limitations of such landscapes. It has adopted performance standards and overlay districts
to protect specific resource features. Its zoning regulations also contain standards that control incompatible
uses on lands adjacent to the Trail corridor.
Read about Principle 3.0 on Page 21 of the Guidebook.
Examples
Appalachian Trail Overlay District, Moore Township, Northampton County
Model Appalachian Trail Overlay, prepared by WRT
Appalachian Trail Overlay District, Eldred Township, Northampton County
Woodland Conservation District, South Middleton Township, Cumberland County
Rural Preservation District, Pine Grove Township, Schuylkill Township
Guiding Principles, TND Overlay Districts, Cranberry Township, Butler County
TND Overlay District Ordinance, Cranberry Township, Butler County
Village Historic Overlay District, South Middleton Township, Cumberland County
Environmental Protection Ordinance, Greenwich Township, Berks County
Hillside District & View Protection Overlay District, Pittsburgh, PA
Hillside and Ridgetop Regulations: a Recommendation for Asheville, NC Prepared by the Asheville Planning
Department (2005). [Note: this study includes national case studies and an analysis of existing ridgetop
regulations.]
PRINCIPLE 4.0:
Mandates & Incentives for Conservation Design
4.1 Local Experience with Conservation Design
4.2 Current Conservation Design Standards
The municipality’s zoning and subdivision regulations contain mandates and incentives to encourage
“conservation design” of residential subdivisions. It recognizes that conservation design provides
opportunities for protecting landscapes and creating interconnected greenways through the development
process.
Read about Principle 4.0 on Page 23 in the Guidebook.
Examples
Conservation Subdivisions [see Zoning (Section 119-38 – Conservation subdivision design) and SALDO
(Section 119-31 –Conservation Design Process)], Chestnuthill Township, Monroe County
Section 232, Conservation Subdivision Overlay Zone (SCO), Silver Spring Township, Cumberland County
Note: Section 232 can be found on Page 141 of the Zoning Ordinance.
Growing Greener: Conservation by Design (1999, Island Press, paperback, ISBN: 9781559637428)
Ebook format published in February 2013.
ISBN: 9781610910811
Growing Greener Model Ordinance Version 2.0, Natural Lands Trust
PRINCIPLE 5.0:
Regulating Potentially High Impact Uses
5.1 Current Uses and Future Prospects
5.2 Adequacy of Current Regulations
In addition to its general regulations for controlling noise, visual, and other environmental impacts; the
municipality’s zoning regulations address potentially high impact uses such as wind energy turbines, cell
towers, major truck terminals, extractive industries, and ski areas.
Read about Principle 5.0 on Page 25 of the Guidebook.
Examples
Performance Standards, Penn Township, Perry County Zoning Ordinance (Article XIII)
Environmental Protection Standards, Tilden Township, Berks County (Section 15)
Simple Guidelines for Lighting Regulations, International Dark-Sky Association
Model Lighting Ordinance, International Dark-Sky Association
Model Ordinance for Wind Energy Facilities in Pennsylvania, (PA DEP, DCNR, and others)
Southwest Windpower Model Ordinance (Southwest Windpower - Producer of small residential wind
turbines)
PRINCIPLE 6.0:
Working Relationships with Key Landowners
6.1 Community History of Voluntary Land Conservation
6.2 Knowledge of Key Landowners
6.3 Potential for Landowner Outreach
The municipality is prepared to work with key landowners currently or potentially interested in conservation
and / or limited development plans for their properties. It is also willing to collaborate with a qualified land
trust in such efforts.
Read about Principle 6.0 on Page 27 of the Guidebook.
Examples
Conservation Options, a Landowner’s Guide, Land Trust Alliance, 2003
Green Infrastructure: Linking Landscapes and Communities; Mark A. Benedict, Edward T. McMahon, and
The Conservation Fund, Island Press, 2006 (paperback, ISBN: 9781559635585)
Ebook format published in September 2012 (ISBN: 9781597267649)
Preserving Family Lands: Book I – Essential Tax Strategies for the Landowner, Stephen J. Small, 2009
The Conservation Easement Handbook, Elizabeth Byers and Karin Marchetti Ponte, The Land Trust Alliance
and The Trust for Public Land, 2005 (ISBN: 9781932807004)
Conservancy: The Land Trust Movement in America, Richard Brewer, Dartmouth College Press, 2003
Pocono Land Trust
PALTA
PRINCIPLE 7.0:
Municipal Capacity to Address Trail Issues
7.1 Municipal Interests and Capabilities
7.2 Access to Technical Assistance
The municipality has the capacity to address various issues associated with the Trail because of the
knowledge and interests of its elected officials, staff, or volunteer commissions and committees. It takes
advantage of educational opportunities to stay up-to-date on “best practices” related to growth management,
land use regulations, and resource protection. As needed, it has access to professional expertise through its
relationships with the county planning commission, consultants, and nonprofit conservation organizations. It
shares information with neighboring municipalities through which the Trail passes.
Read about Principle 7.0 on Page 29 of the Guidebook.
Examples
Bushkill Township Environmental Advisory Committee, Northampton County
Monroe County Planning Commission
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