Implementing Infill Development on Brownfields in Rural Areas and Small Towns

• Research shows infill development can reduce driving by bringing housing closer to daily destinations, relieving environmental costs of increased travel and sprawl. (Ewing, Reid, and Robert Cervero. “Travel and the Built Environment.” Journal of the American Planning Association 76 (3). 2010.)
   
• Infill development helps small towns and rural communities that are under growth pressure to conserve farm land, natural landscapes, and rural/small town traditions. (Putting Smart Growth to Work in Rural Communities, (ICMA, 2010), p.1)
   
• An EPA-sponsored study by George Washington University found that for every acre of brownfields that are redeveloped, 4.5 acres of greenfields are saved from development. (Public Policies and Private Decisions Affecting the Redevelopment of Brownfields: An Analysis of Critical Factors, Relative Weights and Area Differentials, 2001)

 

• Infill development could be a response to America's changing demographics. While there is still demand for suburban lifestyle, a strong tendency has recently emerged, particularly among the millennials, for living, working, and entertaining in vibrant, walkable neighborhoods in historic downtowns. (What’s Next? Real Estate in the New Economy, (Urban Land Institution, 2011), p.9)
   
• Aging Baby-boomers seek smaller homes with less upkeep typically found in infill locations. [What’s Next? Real Estate in the New Economy, (Urban Land Institution, 2011), p.9]
   
• Investment in established neighborhoods and downtowns can bring distressed communities back to life. (Attracting Infill Development in Distressed Communities: 30 Strategies (EPA, 2015), p.6)
   
• Infill development can alleviate spatial segregation. It can help achieve mixed-income communities and promote social equity by offering diverse housing options. (Achieving Mixed Income Communities Through Infill? The Effect of Infill Housing on Neighborhood Income Diversity (Kim, 2015), p.280)

• Brownfield redevelopment reduces pollution emissions and contaminants in the built environment and helps promote public health and wellness. [Brownfield Redevelopment: Why Public Investments Can Pay Off (Kotval-K, 2016), p.276]
   
• Infill Development contributes to the public health of the community not only by promoting walkability but also by offering wide-ranging transportation options, improving air quality, increasing access to health-promotional services, and providing quality affordable housing. [Infill Development in a Post-Redevelopment World (Domus Development, 2014), p.2; https://www.communitycommons.org/2014/10/benefits-of-infill-development/]

 

Identify other stakeholders and potential partners and form a task group that is capable of representing the various points of view in the community and working together toward a common agenda.

These stakeholders may include:

• Local government representatives
• Neighborhood organizations
• Property owners
• Realtors
• Home builders and commercial developers
• Bankers
• Faith based organizations
• Developers
• Consultants

Discussions in the task group meetings should include the following:

• Determine the "type" of your rural community (e.g., gateway community, resource-dependent community, edge community, traditional main street community, second-home and retirement communities).
• Based on the stakeholder identified community "type", develop economic strategies that best serve the needs of your community.
• Re-evaluate the outcomes of the core steering committee meetings that occurred in Step 1 with the stakeholder task group.

Step 2b - Assess Where You Are

Launch a community engagement effort that will identify major objectives and goals for the project and identify community priorities. Discuss the following issues:

• Reach a consensus on the character and identity of your community both existing and desired.
• Discuss potential impacts of the existing brownfield sites (e.g., are there any water quality or human health issues that need to be urgently addressed?).
• Identify community assets and needs.
• Identify both tactical and strategic goals with respect to brownfield sites. As part of this process, the team should develop a clear vision.

Consider multiple avenues for community engagement such as community meetings and charrettes, local media, social media, and newsletters. Consider who the community is and the best way to reach them (e.g., if you have a larger elderly population, consider having meetings at the senior center, if you have a large population that is working from 9-5, consider having after-hours meetings and/or virtual meetings).

This step is critical in creating a solid base for the development of a practical and implementable infill redevelopment strategy. Knowing exactly what elements you have and how to best approach them provides the roadmap necessary to accomplish desired goals.

The following steps represent the basic process for identification and prioritization of potential infill sites that are brownfields. These steps can be modified to best meet a community’s particular goals. Although many of these steps can be completed without direct community engagement, it is recommended that community input be garnered where applicable.

Step 3a - Identify infill priority areas on brownfield sites

Involve the task group in identifying priority areas for infill development in your community. Compile the following information about priority areas:

• Make the distinction between "growth" and "investment".
• Identify areas that are both big enough to offer opportunities for change and small enough to bring about tangible improvements that will spur investment.
• Do these areas have access to adequate infrastructure and services?
• Consult with realtors and developers to assess the remediation costs and real estate market for new infill development in these areas.
• Determine what types of development would be feasible, and what would be the most appropriate density and selling prices that would allow the community's identity to remain.
• Create a funding strategy for the proposed infill redevelopment. Create a budget that tabulates the proposed expenditures and outlines the funding gaps for the project. Applications such as SMARTe™ help communities to locate funding sources based on proposed reuse scenarios. In addition, organizations such as The Council of Development Finance Agencies (CDFA) provide assistance to communities seeking funding. Typical funding sources for infill development include: U.S. EPA Brownfields Assessment Grants
  • U.S. EPA Brownfields Cleanup Grants
  • U.S. EPA Brownfields Revolving Loan Fund (RLF) Grants
  • U.S. EPA Environmental Workforce Development & Job Training Grants
  • U.S. EPA Leaking Underground Storage Tank (LUST) Trust Fund
  • U.S. HUD Community Development Block Grants
  • U.S. Department of Labor, Employment and Training Administration (DOLETA) Grants
  • USDA Rural Development Agency (RDA) - Rural Business Development Grants
  • Appropriate State Grants
  • More Funding Sources (Link to NJIT TAB’s “Federal, State and Tribal Funding Sources” webpage)

Step 3b - Carry out an infill parcel inventory in priority areas

Create an inventory of brownfield properties in the priority infill areas identified in Step 3a. Make sure to include the following information for each parcel:

• Size of parcel
• Zoning designation and ordinance
• Environmental conditions (e.g., wetlands, floodplains, contamination, etc.)
• Possible development limitations for each infill parcel
• The age, condition, and residual capacity of public facilities serving each parcel
• Location and configuration of parcel
• Access to the site (e.g., highway, rail, pedestrian, etc.)
• Size, condition, quality, and value of existing structures
• Character of the neighborhood
• Dynamics of real estate market
• Capacity and condition of infrastructure
• Surrounding amenities and support services
• Potential to be clustered with other sites

 

Step 3c - Identify potential barriers to infill development on brownfield sites

Involve stakeholders in evaluating factors that may work against encouraging infill development in the areas identified above. Typical barriers to infill development on brownfields include:

• High land cost
• Complicated financing environment
• Uncertain cleanup standards
• Costs associated with the perceived or potential contamination level
• Liability concerns
• Larger social deterrents, such as high crime rates or low-performing school systems
• Community resistance or Lack of political leadership on the part of the community
• Aged or insufficient infrastructure
• Slow Return on Investment
• Complicated Network of Regulation
• Administrative delays

 

Step 3d - Prioritize the Infill Parcels

Prioritize the properties based on their potential for achieving community-identified objectives using the parcel data gathered in Step 3b and potential barriers identified in Step 3c. It is also critical to confirm that the community objectives are consistent with the local master plan, zoning ordinance, as well as any existing redevelopment plans.

The data used for prioritization should be weighted to reflect the desired community objectives. For example, if the community desires to pursue infill development to promote economic revitalization and would like to pursue sites that have minimal environmental/contamination issues then more favorable weighting might be given to parameters such as good access, appropriate zoning, sites with minimal contamination, no wetlands, no floodplains, and potential to be clustered with adjacent sites.

The identified barriers to infill development will point toward elements that need to be included in your infill development program. Work with your stakeholders to select and refine these elements to fit the local situation.

Devise a set of remedies for every barrier listed in Step 3c. Examples remedies include:

High land cost

• Consider various incentives such as below-market financing through mortgage revenue, bonds, tax abatement, and fee waivers that might compensate for the high price of land.

Complicated financing environment

• Work with local, state, and federal agencies to identify relevant brownfield cleanup grants and available infill development financial assistance.
• Devise innovative public-private partnership schemes.

Uncertain Cleanup Standards

• Collaborate with state and federal agencies to develop detailed cleanup standards for brownfield sites in your community.

Perceived or potential contamination level (Poor Public Perception)

• Provide examples of liability concerns from successful infill development projects.
• Launch educational programs i.e., workshops, seminars and webinars.

Larger social deterrents, such as high crime rates or low-performing school systems

• Engage stakeholders in promoting community-driven initiatives aimed at addressing larger social deterrents.

Community resistance or lack of political leadership on the part of the community

• Create design standards for ensuring compatibility of new infill development.
• Require developers to meet with residents of the surrounding area to solicit their input on project design before finalizing their development plans.

Aged or insufficient infrastructure

• Utilize public funding for off-site capital improvements (e.g., streets and utility extension or upgrading).
• Create a tax allocation district.

Slow Return on Investment

• Eliminate administrative and legal delays and increase internal and external efficiencies of the process.

Complicated Network of Regulation

Administrative delays

• Eliminate inappropriate development regulations (e.g., revise zoning for particular site).
• Encourage cooperation between counties and municipalities to clarify applicability of statute authorizing the cancellation of delinquent property taxes on contaminated property.
• Reassign tax delinquent brownfield property deeds.
• Revise staff review procedures.
• Eliminate unnecessary review steps or hearings.
• Designate an ombudsman or review expeditor.

 

Develop an infill community plan, which reflects stakeholder input for your infill development program. Based on the latter, develop infill regulating plans (ordinances).

Sources for drafting ordinances include:

SmartCode Central (Version 9.2)
The SmartCode is an open source, transect-based planning and zoning document based on environmental analysis. The SmartCode is a form-based code that incorporates Smart Growth and New Urbanism principles. It is based on the rural-to-urban transect rather than separated-use zoning, thereby able to integrate a full range of environmental techniques. The SmartCode differs from some other form-based codes in that its community-scale and block-scale articles are written explicitly for zoning. Zoning reform is essential to allow walkable and mixed-use neighborhoods, thereby combating sprawl, preserving open lands, and reducing energy use and carbon emissions. (https://transect.org/codes.html) (See ARTICLE 4. INFILL Community scale plans)

Neighborhood Conservation Code
The streamlined Neighborhood Conservation Code is based on the model SmartCode in-house Version 9.5 and intended primarily for the mapping and zoning of existing urbanism while discouraging sprawl patterns, thereby conserving open lands along with neighborhoods. Its transect-based approach is uniquely effective in protecting and completing traditional neighborhood patterns which are not preserved by their current zoning codes. (http://bungalowstudio.org/neighborhood.htm) (See Chapter 3. The Infill requirements for areas already urbanized)

Neighborhood Development Floating Zone
The Neighborhood Development Floating Zone is a model ordinance to foster green community development using the LEED for neighborhood development rating system. When promoting sustainable development, local governments are faced with a common problem: current zoning regulations are not equipped to permit the types of density, connectivity, and mix of uses typified by green neighborhoods. Floating zones, or zoning classifications authorized for future use, are applied to a specific location when a developer demonstrates compliance. These flexible zoning agreements achieve desired development outcomes while saving municipalities time and money on otherwise expensive. (http://www.usgbc.org/) (See the handbook)

Model Community Agriculture and Forest Protection District
The Agriculture and Forest Protection District as Model Community is intended to protect areas of the community that are well suited for production of food, fiber, and wood fiber. It is also the intention of this ordinance to minimize conflicts between incompatible uses by directing nonfarm/forestry residential uses to other Districts within the community. Communities may wish to protect just one of the resources (soils, historic agriculture, working forests). If the community wishes to focus on just one resource, the ordinances can be modified to specify just agricultural lands, forest lands, or some other resource-specific definition. (http://www.crplanning.com/) (See the handbook)

Village Mixed-Use District
The Village Mixed Use District is designed to recognize and enhance the vitality of Model Community’s village center by allowing and encouraging retail, service, residential and civic uses that are compatible with the scale and character of the village center. (http://www.crplanning.com/) (See the handbook)

Design Standards for Pedestrian-Oriented Districts and Corridors
This Article provides design standards that will enhance the appearance, pedestrian character and safety, and economic viability of specific districts and corridors within Model Community. (http://www.crplanning.com/) (See the handbook)

Natural Resources Performance Standards
The Model Community design standards for natural resources are established to protect natural areas as defined in the Model Community’s Comprehensive Plan, natural resource inventory, and natural resource assessment. The model ordinance is designed to integrate development with natural resources to maximize value of both, minimize fragmentation of natural resource areas in Model Community, protect and restore water quality in Model community’s lakes and streams, and maintain Model Community’s unique character, including neighborhoods, natural heritage, and historic buildings. (http://www.crplanning.com/) (See the handbook)

Brownfield Prevention Model Ordinance
The Brownfield Prevention Model Ordinance is designed to create an incentive for pollution prevention planning, and to establish an assurance that larger companies have the capacity to address contamination problems should they occur. The ordinance would make pollution prevention a requirement for doing business in each community. (www.delta-institute.org) (See South Suburban Chicago Brownfield Coalition Brownfield Prevention Program: Model Ordinance, Resources, and Data).

Promote Use of Model Salvage Ordinance
This model ordinance is designed to promote the salvaging of non-structural materials from vacated properties. (See Brownfields Study Group 2015 REPORT, Investing in Wisconsin. Promote Use of Model Salvage Ordinance, p.26).

Present the ordinance to local elected officials for official adoption. Abide by all applicable notice and public meeting requirements.

Target the elements in the master plan that can play a role in framing a successful infill development strategy. Examples of elements that could be targeted are as follows:

• Population Element- Support the diversity of incomes, ages, cultures and lifestyles in the community.
• Economic Element - Encourage the retention and appropriate expansion of population serving business opportunities in the central business district.
• Natural and Historic Resources Element - Protect sensitive historic and natural resource areas from unsuitable development.
• Community Facilities - Provide for the maintenance and improvement of public facilities in older areas, especially those capable of supporting infill development.
• Housing - Provide incentives for mixed-income housing to be located closer to major employment concentrations.
• Land Use - Promote the preservation of neighborhood identity and character through appropriate infill and redevelopment.

Inform builders, real estate professionals, and lenders about your infill development program and encourage them to take advantage of it. Active marketing of brownfields opportunities helps these sites to be “found” by developers.

Example strategies include:

Form a marketing sub-committee and develop communication tools
There are many communication methods that can be used to market brownfield sites for potential redevelopment. We are focusing on two methods, marketing on the internet and outreach materials.

Ideally, a marketing subcommittee within the Core Steering Committee should be formed and in collaboration with the municipal staff should be the lead in developing communication tools.

The marketing subcommittee should have or recruit someone who is familiar with creating graphic material or developing web material content.

Highlight the desirability of redeveloping priority sites
Site characteristics that in the past made these properties great locations for industrial or commercial use can now position them for new reuses.

These attributes include existing infrastructure at the site (i.e. water, sewer, electric/gas), proximity to transportation systems (i.e. highways, trains, airports), close proximity to a local workforce, and larger sites under one ownership.

Some potential strategies for promoting your site include:

Provide basic information about the potential redevelopment sites including the following:

• Create a 1-2 page briefing sheet for the site that can be distributed to potential project partners that describes the key aspects and key benefits of the site.

  Include information on the status of the site and the remaining site needs (such as specific funding requests).

  Include contact information, and update the briefing sheet as goals are achieved and as new partnerships are created.

  • Map of property location (aerial photograph and/or road map are most useful)
  • Example layout or conceptual site design to provide an idea of the type of use expected or preferred
  • Description of proximity to transportation hubs, key roadways, railways, economic centers, port areas, or other local attractions
  • Zoning and building information, including lot dimensions, setbacks, conceptual building size, and height
  • Brief identification or description of neighboring property occupants or neighborhood character
  • Photo and description of any potential for phased development and any known occupants/buyers if the property is more than one parcel or unit
  • Improvements and utilities
  • Taxes
  • Purchase price, if available
  • Incentives/requirements for energy efficiency, low impact development, water conservation, affordable housing, etc.
  • All other development incentives, including any tax abatements, funding, or other innovative programs
  • Contact information
  • Highlight the desirability of the community and the municipality

• When developing marketing materials, consult any municipal staff who are involved with economic development and who are knowledgeable about assets that make the community a desirable location.

  Marketing materials should enumerate the special character, assets and history of your community and what makes your community a great place to live, work, and/or play; they should focus on the assets that support the redevelopment opportunity(s) that correspond to community goals.

  Marketing materials should answer the question, “Why is your community the place to be?” It is also useful to consult local real estate brokers that have local market knowledge, local contacts, and experience in creating marketing materials. They can help to facilitate negotiations and bring potential buyers to the table for discussions.

• Collaborate with the County Economic Development Department to include features that portray the region as a business-friendly environment.

Advertise the Property

• Put priority sites on a State Database Website. Collaborate with state officials, other municipality and county officials, and private developers to develop a state-wide searchable database of brownfield sites. NJ Site Mart website (http://www.njbrownfieldsproperties.com/default.aspx) could serve as a good example of such websites.
• Create a webpage to describe the property and potential project concepts
• Advertise the property and outreach materials in local and state newspapers as well as on appropriate websites (e.g. Brownfield Listings https://brownfieldlistings.com/ )
• Collaborate with the municipality website developers as the information on the brownfield sites and the outreach materials should also be added to the economic development or redevelopment section of the municipality website

Periodically reevaluate your infill development program to determine if it is encouraging infill development of the types and locations desired by the community. If not, adjust the program accordingly.