Introduction

The League of Women Voters (LWV US) includes Air Quality, Water Resources, Land Use, Energy, Waste Disposal, and Nuclear Waste in their position on resource management. The League of Women Voters of LaPorte County (LWV LPC) study on Land Use in LaPorte County, Indiana focuses on the County-wide Comprehensive Plan, with emphasis on land use, development, and protection of the environment. We realize that many of the resource management topics have overlapping areas, and some elements of Air Quality, Water Resources, and Waste Disposal are therefore included here.

The four major elements that should be included in the Plan are Watershed, Environment, Development, and Agriculture. Each is broken down into subcategories. An overriding concept that should be applied in all of these categories is the effect of change on already existing conditions, including natural habitats, current uses, and current property owners. The idea of land as a commodity or personal property is in direct conflict with the overall view of environmental awareness if we fail to look at the big picture.

Identified Elements

The four major elements in this study:

Benchmarks

We established or identified benchmarks for each element. The maps that have been prepared by Duncan Associates provide many of the measurements needed for these elements.

Watershed

Our benchmarks have been identified in the Trail CreekWatershed study and the MS4 regulations. The NWI, DNR, and IDEM records can be used for measurement, to assure no net loss or degradation of wetlands or tree canopy. While much is currently being done to alleviate flood-plain status for already developed areas, new development should avoid such areas. Water quality must be maintained and improved if possible, and can be measured against current records of the LCHD, DNR, and IDEM. Mitigation of wetlands must be a last resort, and should be considered specifically for public uses, with concentration on native plants, removal of invasive species, and careful monitoring and documentation in perpetuity due to the high failure rate ofmitigated areas.Wemust protect “fragile or historic lands where development could result in irreversible damage.” These include shore lands, lakes, streams, rare and/or valuable ecosystems and geological formations (dunes),wildlife habitats (including habitat corridors between those areas), unique scenic or historic areas, and wetlands. Northwest Indiana has a wide range of biodiversity, and since the 1780’s, it is estimated that 85% of our wetlands have been lost to development.

Environment

Agents of pollution include septic systems, air particulate matter, light pollution, water pollution, groundwater pollution, brownfields, and both point and non-point sources. Benchmarks are current measurements of air,water, and groundwater pollution as determined by MS4,LCHD,DNR, IDEM, and EPA records. Light pollution is benchmarked by NOAA, as are many non-point sources. Development must meet MS4 standards, even if this requires removing old septic systems and extending sewer systems. “Renewable resource lands where development could result in the loss of productivity” include watersheds, aquifers, aquifer-recharge areas, forest lands, and significant agricultural and grazing lands. Trash Disposal & Recycling facilities (transfer stations, landfills, and materials recovery facilities) have a major effect on the environment, with a great potential for pollution, and must be carefully monitored. Efforts must be made to educate citizens about their importance aswell as their potential effects on environment and groundwater. Provision of recycling services should be encouraged, as should a comprehensive, easilyunderstood programfor permitting and regulating such uses. We must define locations for both interior and exterior storage of recyclable materials. We must provide long-term dedication to not only reaching, but surpassing, the state-mandated waste reductions goals.We must provide a process to regulate disposal of solid waste and HHWmaterials, whether by careful location of landfills, or by othermeans. This must be accomplished by strategic location to avoid damage to surrounding areas, and in a manner that best protects the county’s health, safety, andwelfare. Finally, reclamation of brownfields for development would accomplish two purposes: cleaning up the pollution to prevent its spread, and curbing other instances of urban sprawl.

Agriculture

Farmland must be preserved, although there must be a distinction made in levels of impact. There is a great deal of difference between the impacts of trees, food crops, animals, CFO’s, and CAFO’s. The best available benchmarks are the Duncan Associates maps. In siting specific agricultural endeavors, there must be consideration of wetlands, high ground water, management of runoff, and the filtration qualities of each specific site to protect the entire ecosystem. Large, nonagricultural forested areas should be protected, with one possible side benefit being terrestrial carbon sequestration as a trade commodityfor greenhouse gas emissions.The encroachment of development in agricultural areas must be carefully considered to preserve quality farmland. The designs must consider water and sewage systems without individual septic systems. Ideally, well-planned developments in agricultural areas should include collector roads, berms, access to schools, parks, and utilities, and should be designed as clusters, to lessen the costs of service.

Development

New development (to include expansions and add-ons)must consider the addition of collector roads as well as highways, and the spread of infrastructure (water, sewers, utilities, schools, and parks). Benchmarks are the maps from Duncan Associates. Roads should be designed as Complete Streets. Sustainable communities and conservation developments are a better alternative than strip developments. Compact, contiguous developmentmust be directed toward areas where utilities and infrastructure exist orwhere they can be easily provided. Municipalities should develop and enforce “greenspace” or “landscape development” ordinances to streamline the development process while protecting the environment and followingMS4 and Rule 5 regulations. Considerationmust be given to maintaining urban forest canopy, preserving greenspace and habitat corridors, andminimizing the cost of services by clustering developments where infrastructure already exists. Attracting new growth and business is vital to our economy, but should be carefully planned and scrutinized to maintain or improve the current quality of life which in itself can attract and hold those businesses. Zoning should consider major divisions and differing sublevels. Significant buffer zones should be included between different types of areas to protect current landowners and residents from intrusive development at higher levels of impact (e.g., a factory should not be placed in the midst of existing residential housing). This could be extended to include lesser buffers between similar sub-levels (e.g., a buffer of trees between single-family and multi-family housing).

Other Concerns

We support acquisition of land for public use, such as for parks. We support identification and regulation of areas impacted by public or private investment where siting results in secondary environmental and socioeconomic impacts (e.g., environmental justice). Shopping centers, golf courses, hospitals, schools, prisons, parking lots, “big box” stores, and government buildings produce significant impact on these areas.We recommend careful review of sites for such facilities. A review of federally funded projects on all government levels would maximize the benefits and achieve the goals of the comprehensive plans by using thewidest range of funding options.Complete streets could reduce the use of automobiles, increase the use of non-polluting modes of travel, improve pedestrian safety and convenience, and improve traffic flow throughout the county.

We encourage diversity in all kinds of development, allowing a variety of construction styles and choices to allow for all incomes and special needs.We must preserve and maintain each city's core neighborhoods and those of the local communities in the county, and provide space for future industrial, commercial, cultural, and artistic enterprises and endeavors.

We strongly recommend the creation of a county-wide Area Plan Commission as defined in IC 36-7-4-102. Such a plan would eliminate conflicts between cities, towns, and unincorporated areas, and would enhance the benefits to be gained by the adoption of a County-wide Comprehensive Plan.

We encourage all planning departments, under any plan commission, to develop comprehensive checklists for all development activities. Such checklists would require “signing off” on elements that do not apply to a particular proposal, and would eliminate the “falling through the cracks” syndrome whereby development occurs because developers are not made aware of such environmental safeguards as MS4 and Rule 5 regulations before they cause (sometimes irreparable) damage. Plan Commissions (advisory or area) should develop and rely on input from Citizen Advisory Committees when discussing plans that will change the use or character of an area. This would, by default, bring local citizens into the process. Public notice for zoning or use changes must still, by law, be sent by certifiedmail to registered owners of abutting properties. A more proactive approach would be to continue that process, and in addition, send informational letters by non-certified mail to the actual street addresses of those properties as well as to the next level, outward, of properties abutting those original abutting properties. This would include residents who might not own the properties but would still be affected by development.

In zoning ordinances, whether for city, town, county, or “Area,” if any variances will be allowed, there must be a plan for careful choice of and mandatory training for variance board members, and rules of procedure to allow maximum communication among all affected parties. Both landowners and directors of Planning and Zoning should be able to appeal decisions of the Board of Zoning Appeals.

Complete Land Use Study in PDF 13.9 Mb

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