MODULE-6 Smart Growth Opportunities

Introduction
Transfer of Development Rights (TDR)
Brownfields Redevelopment
Overlay Protection Areas
Low-Impact Development (LID)
Open Space Residential Design (OSRD)

Creating an Overlay Zoning Protection Area is an effective tool to protect the health and viability of critical drinking water resource areas. An Overlay Zoning Protection Area is a layer of protection that can be added to a community's zoning codes to create additional development restrictions for important resource areas, such as wellhead protection areas. As suggested by its name, this type of zoning can be "overlaid" on existing zoning, without significantly changing it. Overlay zoning regulates activities that threaten drinking water quality, such as: the storage and handling of hazardous materials; construction and use of on-site septic systems; stormwater runoff management; or the use of fertilizers and pesticides for agriculture or otherwise.

Implementing Overlay Zoning Protection Areas

Overlay Zoning Protection Areas are established through a process of planning and consensus-building. The process begins with a community's Local Comprehensive Plan, which is used to guide the determination of sensitive areas in need of further protection. Communities should determine the location of the aquifer recharge area or Wellhead Protections Area (WHPA) to create an Overlay Zoning Area that encompasses the key resource areas.

Diagram of WHPA Overlay Zone

Language for the ordinance should specify allowable and prohibited land uses (i.e., on-site handling and storage of hazardous materials, minimum lot size, or use of onsite septic systems) within the Overlay Protection Area, including penalties for infringement. The ordinance should also include guidance for a Site Plan Review process for any new development within the protection area.

Overlay Protection Areas Case Study

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