Wisconsin model TND code ready for approval

No hurdles in sight for the passage of a code that 60 of the state’s largest cities and towns must adopt by 2002. Wisconsin is the first state in the nation to attempt to set statewide standards for traditional neighborhood development (TND). A 1999 Smart Growth law required the University of Wisconsin Extension to write a model TND code that would form the basis for new codes to be adopted by all cities, towns, and villages with more than 12,500 residents. Brian Ohm and James LaGro of the Department of Urban and Regional Planning at the University of Wisconsin-Madison have completed this assignment and presented the model code for approval by the state legislature. “There has been no opposition to the code and I don’t foresee any problems in the legislature,” Ohm says, but the approval has been delayed by extended budget negotiations. Even before the model ordinance is approved, several towns have begun the process of adoption, Ohm says, although they will not use the code as is. As stated in the introduction to the ordinance, “Each community must adapt the language and concepts of the ordinance to fit the unique circumstances found in that community.” Cities and villages must enact an ordinance similar to the model by January 1, 2002. Although the scope of the initiative is unprecedented, the ordinance itself breaks no new ground. It is based on core new urbanist principles: New development must be compact and designed for the human scale; a mix of uses should promote walkability and provide a community with a center; interconnected streets should be narrower than the existing norm and must accommodate multiple modes of transportation; and new development should be responsive to the cultural and environmental context of the site. The code is inspired by a wide range of new urbanist standards from Florida, Texas, Oregon, and Western Australia, among others. The format is similar to many planned unit development (PUD) ordinances. Wisconsin’s model code includes language on the application procedure and approval process, general TND design standards — for neighborhoods, mixed-use areas, open space, streets, blocks, and lots — and architectural guidelines for building heights, facades, garages, and accessory units. The authors also provide a running commentary next to the code, explaining the goals and principles in plain English. Crucial numbers such as dwelling units per acre, percentage of open space, building setbacks, and street widths are not set in stone, but left open for municipalities to set standards appropriate to their community. “We give cities a lot of flexibility to structure their own ordinance,” Ohm says. “This is a state with a strong home rule sentiment, and our cities and towns have tremendous variation in layout, architectural styles, and density.” A municipality may choose to adopt the code as an overlay ordinance or a floating district, for example. However, all communities must reassess their review process and “adopt a streamlined review process that encourages the use of TND principles and does not create a disincentive to the use of the TND ordinance,” the document states. “Given the interest I have seen in the communities, I am optimistic that we are going to see a lot of innovation,” Ohm says. The Wisconsin Builders and Realtors Associations have reviewed the model ordinance and support its approval by the legislature. The complete code can be viewed and downloaded at www.wisc.edu/urpl/facultyf/ohmf/projectf/tndord.pdf