To preserve irreplaceable agricultural resources by protecting prime and unique soils on farmland and forestland from development.
For all projects
Locate the project on a site that is not within a state or locally designated agricultural preservation district, unless any changes made to the site conform to the requirements for development within the district (as used in this requirement, district does not equate to land-use zoning).
Option 1. Protected soils not impacted
Locate the project development footprint such that it does not disturb prime soils, unique soils, or soils of state significance as identified in a state Natural Resources Conservation Service soil survey.
Option 2. Infill sites
Locate the project on an infill site.
Option 3. Sites served by transit
Comply with SLL Prerequisite 1, Option 3, Transit Corridor or Route with Adequate Transit Service.
Option 4. Development rights receiving area
Locate the project within a designated receiving area for development rights under a publicly administered farmland protection program that provides for the transfer of development rights from lands designated for conservation to lands designated for development.
Option 5. Sites with impacted soils
If development footprint affects land with prime soils, unique soils, or soils of state significance, as identified in a state Natural Resources Conservation Service soil survey, mitigate the loss through the purchase of easements providing permanent protection from development on land with comparable soils in accordance with the ratios based on densities per acre / hectare of buildable land as listed in Tables 1 and 2.
Table 1. Mitigation ratios for projects in metropolitan or micropolitan statistical areas, pop. 250,000 or more
|Residential density (DU per acre of buildable land available for residential use)||Residential density (DU per hectare of buildable land available for residen tial use)||Nonresidential density (FAR of buildable land available for nonresidential use)||Mitigation ratio (acres of easement : acres of project on prime, unique, or significant soil)|
|> 7 and ≤ 8.5||> 17.5 and ≤ 21||> 0.50 and ≤ 0.67||2 to 1|
|> 8.5 and ≤ 10||> 21 and ≤ 25||> 0.67 and ≤ 0.75||1.5 to 1|
|> 10 and ≤ 11.5||> 25 and ≤ 28.5||> 0.75 and ≤ 0.87||1 to 1|
|> 11.5 and ≤ 13||> 28.5 and ≤ 32||> 0.87 and ≤ 1.0||.5 to 1|
|> 13||> 32||> 1.0||No mitigation|
Table 2. Mitigation Ratios for projects in metropolitan or micropolitan statistical areas, pop. less than 250,000
|Residential density (DU/acre of buildable land available for residential use)||Residential density (DU per hectare of buildable land available for residential use )||Nonresidential density (FAR of buildable land available for nonresidential use)||Mitigation ratio (acres of easement : acres of project on prime, unique, or significant soil)|
|> 7 and ≤ 8||> 17.5 and ≤ 20||> 0.50 and ≤ 0.58||2 to 1|
|> 8 and ≤ 9||> 20 and ≤ 22||> 0.58 and ≤ 0.67||1 to 1|
|> 9 and ≤ 10||> 22 and ≤ 25||> 0.67 and ≤ 0.75||0.5 to 1|
|> 10||> 25||> 0.75||No mitigation|
|DU = dwelling unit; FAR = floor-area ratio.|
All off-site mitigation must be located within 100 miles (160 kilometers) of the project.
Up to 15% of the impacted soils area may be exempted from the density requirements if it is permanently dedicated for community gardens, and may also count toward the mitigation requirement for the remainder of the site. Portions of parking structures devoted exclusively to parking must be excluded from the numerator when calculating the floor-area ratio (FAR).
The mitigation ratio for a mixed-use project is calculated as follows:
- Determine the total area of all residential and nonresidential uses.
- Calculate the percentage residential and percentage nonresidential of the total area.
- Determine the density of the residential and nonresidential components as measured in dwelling units per acre (per hectare) and FAR, respectively.
- Referring to Tables 1 and 2, find the appropriate mitigation ratios for the residential and nonresidential components.
- If the mitigation ratios are different, multiply the mitigation ratio of the residential component by its percentage of the area and multiply the mitigation ratio of the nonresidential component by its percentage.
- Add the two numbers produced by Step 5. The result is the mitigation ratio.
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