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7 PLANNING COMMISSIONERS JOURNAL / NUMBER 33 / WINTER 1999 FEATURE Growing Greener: S ubdivision regulations are one of the principal tools for shaping our communities. It is through the subdivision review process that communities most directly assure that residential development is designed in a way which promotes community objectives such as the preservation of open space and natural areas. But to back up a step, why should we be concerned about protecting open space? In a nutshell, by preserving open space we protect streams and water quality, provide habitat for plants and animals, preserve rural “atmosphere,” provide recreational areas, protect home values, and reduce costs of municipal ser- vices. In short, land conservation makes our communities better places to live. As you will see on the following pages, the conservation subdivision approach involves small, but significant, changes to the subdivision design and review process. When integrated with comprehensive plan and zoning provi- sions which encourage the preservation of open space, a community can — over a period of years — protect an intercon- nected network of conservation lands. Developers can easily become the com- munity’s leading conservationists, as each new subdivision adds another link to an area-wide open space system. One Michi- gan community 1 has, in fact, conserved more than 1,000 acres through this approach in the last eight years, a conser- vation value of at least $10 million! It is critical to realize that conserva- tion subdivision design is not only fair to developers, it actually enhances the value of development. Studies comparing developments built according to conser- vation design principles with those fol- lowing more conventional, land- consumptive, layouts show that houses tend to sell faster and real estate values appreciate more with conservation design. This should not be surprising. Homebuyer surveys show that people strongly desire open space, recreation areas, and scenic views. See pages 8-9 for more on this. Conservation subdivision design dif- fers in several significant ways from the more familiar “cluster development” approach. Under conservation design principles (as you will see in the model ordinance), full density is achievable only when at least 50 percent of poten- tially buildable land is set aside. This compares with cluster provisions that frequently require only 25 to 30 percent of the gross land area to be conserved. Moreover, with cluster development this open space is often comprised of left over, undesirable areas such as stormwa- ter management facilities or land under high-tension power lines. Although clustering has produced a few small “green islands” here and there, conservation design can protect blocks and corridors of permanent open space. These areas should be pre-identified on a community-wide map of potential con- servation lands in the comprehensive plan (see page 11) so that each new development will add to — rather than subtract from — the community’s open space acreage. Another result is that conservation subdivisions make it easier for munici- palities to implement community-wide greenway plans, which may depend on developers to provide critical links along particular stream valleys or hilltop ridges. On the following pages you’ll learn more about conservation subdivision design, and how this approach might benefit your efforts to plan for a more liveable community. 1 Hamburg Township, Livingston County. CONSERVATION SUBDIVISION DESIGN by Randall Arendt Editor’s Note: On the following pages, excerpts from Randall Arendt’s Model Ordinance Provisions for Conservation Subdivision Design are set out, along with discussion of nine key issues — including the “economics” of conservation subdivi- sions. As a planning commissioner I’ve found it is often helpful in understanding how a proposal really works to see it in ordinance form. In reading through the model ordinance note, in particular, how the focus is on identifying land to be con- served before moving on to locate house sites and streets. Our thanks to Island Press for allow- ing us to excerpt from the Model Ordi- nance, which appeared in Arendt’s Conservation Design for Subdivisions (Island Press, 1996). Note also that Island Press will be publishing Arendt’s Growing Greener Workbook this Autumn. It will contain illustrated case studies, and much additional material. For information on either publication, call Island Press at: 800-828-1302. continued on page 8

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F E AT U R E

Growing Greener:Subdivision regulations are

one of the principal tools forshaping our communities. It is through the subdivision review processthat communities most directly assurethat residential development is designedin a way which promotes communityobjectives such as the preservation ofopen space and natural areas.

But to back up a step, why should webe concerned about protecting openspace? In a nutshell, by preserving openspace we protect streams and water quality, provide habitat for plants andanimals, preserve rural “atmosphere,”provide recreational areas, protect homevalues, and reduce costs of municipal ser-vices. In short, land conservation makesour communities better places to live.

As you will see on the followingpages, the conservation subdivisionapproach involves small, but significant,changes to the subdivision design andreview process. When integrated withcomprehensive plan and zoning provi-sions which encourage the preservationof open space, a community can — overa period of years — protect an intercon-nected network of conservation lands.Developers can easily become the com-munity’s leading conservationists, as eachnew subdivision adds another link to anarea-wide open space system. One Michi-gan community1 has, in fact, conservedmore than 1,000 acres through thisapproach in the last eight years, a conser-vation value of at least $10 million!

It is critical to realize that conserva-tion subdivision design is not only fair todevelopers, it actually enhances the valueof development. Studies comparingdevelopments built according to conser-vation design principles with those fol-lowing more conventional, land-consumptive, layouts show that housestend to sell faster and real estate valuesappreciate more with conservation

design. This should not be surprising.Homebuyer surveys show that peoplestrongly desire open space, recreationareas, and scenic views. See pages 8-9 formore on this.

Conservation subdivision design dif-fers in several significant ways from themore familiar “cluster development”approach. Under conservation designprinciples (as you will see in the modelordinance), full density is achievableonly when at least 50 percent of poten-tially buildable land is set aside. Thiscompares with cluster provisions thatfrequently require only 25 to 30 percentof the gross land area to be conserved.Moreover, with cluster development thisopen space is often comprised of leftover, undesirable areas such as stormwa-ter management facilities or land underhigh-tension power lines.

Although clustering has produced afew small “green islands” here and there,conservation design can protect blocksand corridors of permanent open space.

These areas should be pre-identified on acommunity-wide map of potential con-servation lands in the comprehensiveplan (see page 11) so that each newdevelopment will add to — rather thansubtract from — the community’s openspace acreage.

Another result is that conservationsubdivisions make it easier for munici-palities to implement community-widegreenway plans, which may depend ondevelopers to provide critical links alongparticular stream valleys or hilltopridges.

On the following pages you’ll learnmore about conservation subdivisiondesign, and how this approach mightbenefit your efforts to plan for a moreliveable community.

1 Hamburg Township, Livingston County.

CONSERVATIONSUBDIVISION DESIGN

by Randall Arendt

Editor’s Note: On the following pages,excerpts from Randall Arendt’s ModelOrdinance Provisions for ConservationSubdivision Design are set out, along withdiscussion of nine key issues — includingthe “economics” of conservation subdivi-sions. As a planning commissioner I’vefound it is often helpful in understandinghow a proposal really works to see it inordinance form. In reading through themodel ordinance note, in particular, howthe focus is on identifying land to be con-served before moving on to locate housesites and streets.

Our thanks to Island Press for allow-ing us to excerpt from the Model Ordi-nance, which appeared in Arendt’sConservation Design for Subdivisions(Island Press, 1996). Note also that IslandPress will be publishing Arendt’s GrowingGreener Workbook this Autumn. It willcontain illustrated case studies, and muchadditional material. For information oneither publication, call Island Press at:800-828-1302.

continued on page 8

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MODEL ORDINANCEPROVISIONS FORCONSERVATIONSUBDIVISION DESIGN

MINIMUM PERCENTAGEOF OPEN SPACE

The minimum percentage of land thatshall be designated as permanent openspace, not to be further subdivided, andprotected through a conservation ease-ment…

A minimum of fifty percent (50%) of thetotal tract area, after deducting the follow-ing kinds of unbuildable land…

wetlands… floodway and floodway fringewithin the 100-year floodplain… land withslopes exceeding 25%, or soils subject toslumping… land required for street rights-of-way (10%) of the net tract area)… landunder permanent easement prohibitingfuture development…

LOCATION OF OPEN SPACE

The location of open space conservedthrough compact residential developmentshall be consistent with the policies con-tained in the Open Space, Recreation, andEnvironmental Resources Element of thecomprehensive plan, and with the recom-mendations contained in this section andthe following section (“Evaluation Criteria”).

Open space shall be comprised of twotypes of land: “Primary ConservationAreas” and “Secondary ConservationAreas.” All lands within both Primary andSecondary Areas are required to be protect-ed by a permanent conservation easement,prohibiting further development, and set-ting other standards safeguarding the site’sspecial resources from negative changes.

1. Primary Conservation Areas.

This category consists of wetlands, landsthat are generally inundated (under ponds,lakes, creeks, etc.), land within the 100-yearfloodplain, slopes exceeding 25%, and soilssubject to slumping. These sensitive landsare deducted from the total parcel acreageto produce the “Adjusted Tract Acreage,” onwhich density shall be based

2. Secondary Conservation Areas.

In addition to the Primary ConservationAreas, at least fifty percent (50%) of theremaining land shall be designated and permanently protected. Full density creditshall be allowed for land in this category

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�1 Are conservationsubdivision regulations fair to developers?

Conservation Design rearranges thedevelopment on each parcel as it isbeing planned so that half (or more) ofthe buildable land is set aside as openspace. Without controversial “downzoning,” the same number of homescan be built in a less land-consumptivemanner, allowing the balance of theproperty to be permanently protectedand added to an interconnected net-work of community green spaces. This“density-neutral” approach provides afair and equitable way to balance con-servation and development objectives.

Conservation zoning is fundamen-tally fair because it allows landowners

Mown trail through open space. Stillmeadowdevelopment. Waukesha County, Wisconsin.

Tot lot in Garnet Oaks development. Bethel Township, Delaware County, Pennsylvania

that would otherwise be buildable underlocal, state and federal regulations, so thattheir development potential is not reducedby this designation. Such density credit maybe applied to other unconstrained parts ofthe site.

... The locations of Secondary Conserva-tion Areas shall be guided by the maps andpolicies contained in the Open Space,Recreation, and Environmental ResourcesElement of the comprehensive plan, andshall include all or part of the followingkinds of resources: mature woodlands,aquifer recharge areas, areas with highlypermeable (“excessively drained”) soil, sig-nificant wildlife habitat areas, sites listed onthe [state natural areas inventory], primefarmland, historic, archaeological or cultur-al features listed (or eligible to be listed) onnational, state or county registers or inven-tories, and scenic views into the propertyfrom existing public roads. Secondary Con-servation Areas therefore typically consist ofupland forest, meadows, pastures, and farmfields, part of the ecologically connectedmatrix of natural areas significant forwildlife habitat, water quality protection,and other reasons. Although the resourcelands listed as potential Secondary Conser-vation Areas may comprise more than halfof the remaining land on a developmentparcel (after Primary Conservation Areashave been deducted), no applicant shall berequired to designate more than 50% of thatremaining land as a Secondary Conserva-tion Area.

EVALUATION CRITERIA

In evaluating the layout of lots and openspace, the following criteria will be consid-ered by the Planning Commission as indi-cating design appropriate to the site’snatural, historic, and cultural features, andmeeting the purposes of this ordinance.Diversity and originality in lot layout shallbe encouraged to achieve the best possiblerelationship between development and con-servation areas. Accordingly, the PlanningCommission shall evaluate proposals todetermine whether the proposed conceptu-al preliminary plan:

1. Protects and preserves all floodplains,wetlands, and steep slopes from clearing,grading, filling, or construction (except asmay be approved by the governing body foressential infrastructure or active or passiverecreation amenities).

2. Preserves and maintains mature

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value 13 percent more over a 20 yearperiod than the conventionallydesigned subdivision (which had muchlarger individual houselots, but littlecommunity open space).2

In conservation subdivisions withsubstantial open space, there is little orno correlation between lot size andprice. These developments have some-times been described as “golf coursecommunities without the golf course,”underscoring the idea that a house on asmall lot with a great view is frequentlyworth as much or more than the samehouse on a larger lot which is boxed inon all sides by other houses.

and developers to achieve full densityunder the municipality’s current zoning.

Although conservation zoning pre-cludes full-density layouts that do notconserve open space, this is legalbecause there is no constitutional“right to sprawl.”

Second, no land is taken for publicuse. None of the land which is requiredto be designated for conservation pur-poses becomes public (or even publiclyaccessible) unless the landowner ordeveloper wants it to be. In the vastmajority of situations, municipalitiesthemselves have no desire to own andmanage such conservation land, whichthey generally feel should be a neigh-borhood responsibility.

�2 The “economics” ofconservation subdivisions

The first advantage of conservationsubdivision design is the opportunity itoffers to reduce infrastructure engi-neering and construction costs.Because the development pattern ismore compact, street and utility costsare reduced. In addition, conservationdesign can reduce the number of costlywetland crossings needed, since those

parts of the site are within the openspace conservation area.

The second advantage occurs dur-ing marketing and sales, when devel-opers and realtors can capitalize on theamenities that have been preserved orprovided within the development.These positive features can form thebasis for an environmentally-orientedmarketing strategy highlighting thebenefits of living in a communitywhere forest habitat, meadows, wet-land buffers, and/or productive farm-land has been preserved.

A national survey of homebuyersconducted in 1994 by American Livesrevealed that of 39 features critical totheir choice, homebuyers ranked “lotsof natural open space” and plenty of“walking and biking paths” as the thirdand fourth highest rated factors affect-ing their decisions.1

The “art” of marketing conserva-tion subdivisions emphasizes that buy-ers of smaller lots are actuallypurchasing much more than their indi-vidual lots. With open space rangingfrom 50 to 65 percent, sales strategiesfocusing on this kind of amenity strikea responsive chord among many home-buyers, particularly when lots are laidout to maximize views of the conserva-tion land.

When the conservation area abutsother similar land, as in the communi-ty-wide open space network, a furthermarketing advantage exists.

�3 How do residential values in conservation subdivisionscompare to conventionalsubdivisions?

Homes in conservation subdivi-sions tend to appreciate in value fasterthan their counterparts in conventionaldevelopments. A fairly long-term studycomparing two Amherst, Massachu-setts, subdivisions built at about thesame time, with very similar homesthat originally sold for almost the sameprice, found that homes in the “openspace” subdivision (which includedmore woodlands, meadows, and trails,but smaller house lots) appreciated in

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Ponds at Woodward development. KennettTownship, Chester County, Pennsylvania.

1 See page 5 for citation

2 Jeff Lacy, “An Examination of Market Appre-ciation for Clustered Housing With PermanentOpen Space.” Center for Rural Massachusetts1990. For information, call: 413-545-2612.

�4 Wildlife management benefits

Conservation biologists tell us thatriparian woodlands along rivers,creeks, and streams offer our best hopefor creating a system of interconnect-ing corridors for a variety of wildlife —from aquatic organisms and fish toamphibians and small terrestrial mam-mals (such as raccoons, muskrats, andotters) — that link the aquatic systemto the adjoining upland.

Natural areas preserved in conser-vation subdivisions provide importanthabitat for wildlife to dwell in and trav-el through. The greenways that are oneof the hallmarks of conservation sub-division design provide cover and naturally selected corridors for variousspecies to move through, as they travel

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woodlands, existing fields, pastures, meadows,and orchards, and creates sufficient bufferareas to minimize conflicts between resi-dential and agricultural uses.…

3. If development must be located on openfields or pastures because of greater con-straints in all other parts of the site, dwellingsshould be sited on the least prime agricul-tural soils, or in locations at the far edge ofa field, as seen from existing public roads.…

4. Maintains or creates an upland buffer ofnatural native species vegetation of at least100 feet in depth adjacent to wetlands andsurface waters, including creeks, streams,springs, lakes, and ponds.

5. Designs around existing hedgerows andtreelines between fields or meadows, and mini-mizes impacts on large woodlands (greaterthan five acres), especially those containingmany mature trees or a significant wildlifehabitat, or those not degraded by invasivevines. Also, woodlands of any size on high-ly erodible soils with slopes greater than10% should be avoided. However, wood-lands in poor condition with limited man-agement potential can provide suitablelocations for residential development. …

6. Leaves scenic views and vistas unblockedor uninterrupted, particularly as seen frompublic thoroughfares.…

7. Avoids siting new construction onprominent hilltops or ridges, by takingadvantage of lower topographic features.

8. Protects wildlife habitat areas of specieslisted as endangered, threatened, or of spe-cial concern…

9. Designs around and preserves sites of his-toric, archaeological, or cultural value, andtheir environs, insofar as needed to safe-guard the character of the feature, includingstone walls, spring houses, barn founda-tions, cellar holes, earthworks, and burialgrounds.

10. Protects rural roadside character andimproves public safety and vehicular carry-ing capacity by avoiding developmentfronting directly onto existing public roads.Establishes buffer zones along the sceniccorridor of rural roads with historic build-ings, stone walls, hedgerows, and so on.

11. Landscapes common areas (such ascommunity greens), cul-de-sac islands, andboth sides of new streets with native specieshade trees and flowering shrubs with highwildlife conservation value.…

12. Provides active recreational areas insuitable locations that offer convenientaccess by residents and adequate screeningfrom nearby houselots.

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from their nests and burrows to theirfeeding places or hunting grounds.

In addition, conservation subdivi-sions can include areas managed aswildlife or wildflower meadows.

�5 Community map ofpotential conservation lands

Although many communities haveadopted either Comprehensive Plansor Open Space Plans containingdetailed inventories of their naturaland historic resources, very few havetaken the next logical step of pulling

View from porch. Farmcolony development.Greene County, Virginia.

13. Includes a pedestrian circulation systemdesigned to assure that pedestrians canwalk safely and easily on the site, betweenproperties and activities or special featureswithin the neighborhood open space sys-tem. All roadside footpaths should connectwith off-road trails, which in turn shouldlink with potential open space on adjoiningundeveloped parcels (or with existing openspace on adjoining developed parcel, whereapplicable).

14. Provides open space that is reasonablycontiguous. For example, fragmentation ofopen space should be minimized so thatthese resource areas are not divided intonumerous small parcels located in variousparts of the development.

ELEMENTS OF THEPRELIMINARY PLAN PROCESS

1. Pre-Application Discussion.

A pre-application discussion is stronglyencouraged between the applicant, the sitedesigner(s), and the Planning Commission.The purpose of this informal meeting is tointroduce the applicant and the site design-er(s) to the zoning and subdivision regula-tions and procedures, and to discuss theapplicant’s objectives in relation to the offi-cial policies and ordinance requirements.…

2. Existing Resources (Site Analysis) Plan.

Plans analyzing each site’s special featuresare required for all proposed subdivisions,as they form the basis of the design processfor greenway lands, house locations, streetalignments, and lot lines. The applicant orhis/her representative shall bring a copy ofthe Existing Resources (Site Analysis) Planto the on-site walkabout. Detailed require-ments for Existing Resources (Site Analysis)Plans are contained in another section ofthis ordinance, but at the minimum mustinclude:(1) a contour map based at least upon topo-graphical maps published by the U.S. Geo-logical Survey; (2) the location of severely constraining ele-ments such as steep slopes (over 25%), wet-lands, watercourses, intermittent streamsand 100-year floodplains, and all rights-of-way and easements; (3) soil boundaries as shown on USDA Nat-ural Resources Conservation Service medi-um-intensity maps; and (4) the location of significant features suchas woodlands, treelines, open fields or

continued on page 12

Figure 1. The conservation lands (shown in gray) were deliberately laid out to form part of an inter-connected network of open space in these three adjoining subdivisions.

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sheds). It will also reveal gaps whereno features appear.

Although this exercise is not anexact science, it frequently helps localofficials and residents visualize howvarious kinds of resource areas are con-nected to one another, and enablesthem to tentatively identify both broadswaths and narrow corridors ofresource land that could be protectedin a variety of ways.

Not surprisingly, the most impor-tant step in designing a conservationsubdivision is to identify the land thatis to be preserved. By using the com-munity-wide Map of Potential Conser-vation Lands as a template for thelayout and design of conservation areaswithin new subdivisions, these devel-opments help to create an intercon-nected network of open spacespanning the entire municipality.

Figure 1 shows how the open spacein three adjoining subdivisions hasbeen designed to connect, and illus-trates the way in which the Map ofPotential Conservation Lands canbecome a reality.

�6 Stormwater management & water quality

Conservation subdivision designoffers a more effective and less costlyapproach to stormwater managementthan conventional subdivision layout.This is because conservation designcauses less disturbance to the subdivi-sion parcel as a whole (leaving agreater percentage of woodlands andmeadows in their natural state), pro-viding larger areas of natural vegetationthat act as buffers to help filterstormwater.

together all that information and creat-ing a Map of Potential ConservationLands.

Such a map is vitally important toany community interested in conserv-ing an interconnected network of openspace. The map serves as the toolwhich guides decisions regardingwhich land to protect in order for thenetwork to eventually take form andhave substance.

A Map of Potential ConservationLands starts with information con-tained in the community’s existing

planning documents. The next task isto identify two kinds of resource areas.Primary Conservation Areas compriseonly the most severely constrainedlands, where development is typicallyrestricted under current codes and laws(such as wetlands, floodplains, andslopes exceeding 25%). SecondaryConservation Areas include all otherlocally noteworthy or significant fea-tures of the natural or cultural land-scape—such as mature woodlands,wildlife habitats and travel corridors,prime farmland, groundwater rechargeareas, greenways and trails, river andstream corridors, historic sites andbuildings, and scenic viewsheds. TheseSecondary Conservation Areas areoften best understood by the local resi-dents who may be directly involved intheir identification. Usually these

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Homes backing onto open space. Prairie Crossingdevelopment. Grayslake, Lake County, Illinois.

View from hill. Ponds at Woodward development.Kennett Township, Chester County, Pennsylvania.

resource areas are totally unprotectedand are simply zoned for one kind ofdevelopment or another.

A base map is then prepared onwhich the Primary Conservation Areashave been added to an inventory oflands which are already protected(such as parks, land trust preserves,and properties under conservationeasement). Clear acetate sheets show-ing each kind of Secondary Conserva-tion Area are then laid on top of thebase map in an order reflecting thecommunity’s preservation priorities (as determined through public discussion).

This overlay process will reveal cer-tain situations where two or more con-servation features appear together(such as woodlands and wildlife habi-tats, or farmland and scenic view-

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meadows, scenic views into or out from theproperty, watershed divides and drainageways, fences or stone walls, rock outcrops,and existing structures, roads, tracks andtrails…

These Existing Resources (Site Analysis)Plans shall identify both the Primary Con-servation Areas (floodplains, wetlands, andsteep slopes, and Secondary ConservationAreas … The Existing Resources (SiteAnalysis) Plan shall form the basis for theconceptual Preliminary Plan, which shallshow the tentative location of houses,streets, lot lines, and greenway lands in newsubdivisions, according to the four-stepdesign process described below.

3. On-Site Walkabout.

After the Existing Resources (Site Analy-sis) Plan has been prepared, the PlanningCommission shall schedule a mutually con-venient date to walk the property with theapplicant and his/her site designer. The pur-pose of this visit is to familiarize local offi-cials with the property’s special features, andto provide them an informal opportunity tooffer guidance (or at least a response) to theapplicant regarding the tentative location ofthe Secondary Conservation Areas and thepotential house locations and street align-ments. If this visit is not scheduled beforesubmission of the sketch plan or the Con-ceptual Preliminary Plan, it should occursoon thereafter.

4. Pre-Submission Conference.

Prior to the submission of the sketch planor a Conceptual Preliminary Plan, the appli-cant shall meet with the Planning Commis-sion to discuss how the four-step approach

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Reducing runoff velocity allowsstormwater to be absorbed into the soiland be taken up by the vegetation.Buffers also offer important infiltrationand “recharge” benefits because theyhelp maintain adequate flows of fil-tered water to underground aquifers.Aquifer replenishment is essential formaintaining stream flow during drysummer months, which is, in turn,necessary for the health of aquatichabitats.

Although the groundwater impact ofan individual development may not beterribly significant, the cumulative effectof hundreds of acres of native woodlandand meadows being evenly graded and

Figure 2. The Four-Step Process. Step 1, Part One.Identifying Primary Conservation Areas

Step 1, Part Two. Identifying Secondary Conservation Areas

Step 1, Part Three. Identifying Potential Development Areas

to designing subdivisions, described below,could be applied to the subject property. Atthe discretion of the Planning Commissionthis conference may be combined with theon-site walkabout.

5. Conceptual Preliminary Plan.

After the pre-submission conference, asketch plan or a Conceptual PreliminaryPlan shall be submitted for all proposedsubdivisions. As used in this ordinance, theterm “Conceptual Preliminary Plan” refersto a preliminarily engineered sketch plandrawn to illustrate initial thoughts about aconceptual layout for greenway lands,house sites, and street alignments. This isthe stage where drawings are tentativelyillustrated, before heavy engineering costsare incurred in the design of any proposedsubdivision layout.…

A Conceptual Preliminary Plan shall besubmitted by the applicant to the zoningofficer who will then submit it to the Plan-ning Commission for review for the pur-pose of securing early agreement on theoverall pattern of streets, houselots, Primaryand Secondary Conservation Areas, andpotential trail linkages (where applicable),prior to any significant expenditure onengineering costs in the design of streets,stormwater management, or the accuratedelineation of internal lot boundaries.…

6. Four-step Process.

Each sketch plan or Conceptual Planshall follow a four-step design process, asdescribed below (See Figure 2 below)

a. Designating the Open Space. During the

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covered with streets, driveways, patios,rooftops, and lawns (which allow for asurprisingly high amount of runoff) canbe very considerable.

By reducing the overall area ofimpervious surfaces and suburbanlawns that would otherwise be created,conservation design reduces the totalvolume of stormwater runoff.

�7 Sewage TreatmentConservation subdivisions offer

greater opportunities to implementenvironmentally sensitive sewage treat-ment and disposal systems, knownalternatively as “land treatment,”

“spray irrigation,” and “wastewaterreclamation and reuse.” These termsdescribe variations of a well-document-ed technology that is superior to con-ventional mechanical systems in manyways because they produce only verysmall amounts of sludge by-productsand help to replenish local aquifers.

With spray irrigation, wastewater isheavily aerated in deep lagoons whereit receives a “secondary” level of treat-ment, similar to that provided by con-ventional sewage plants. It is thenapplied to the land surface at rates con-sistent with the soil’s natural absorp-tion capacity. A growing number ofenvironmentally sensitive golf coursesare irrigated and fertilized with waste-water treated in this way. The practicehas been well accepted by golfers andnearby residents because it is safe,odorless, and environmentally sound.

Although the conservation designmakes it easier to use land treatmentsystems, a conservation subdivisioncan, of course, be served by conven-tional sewage plants, individual septic systems, or community septicsystems.

�8 Who will own and maintainthe conservation land?Ownership Choices.

There are basically four options,which may be combined within thesame subdivision where that makes

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Creek and meadow. Ranch at Roaring Fork.Garfield County, Colorado.

Step 2. Locating House Sites Step 3. Aligning Streets and Trails Step 4. Drawing in the Lot Lines

the most sense.

• Individual Landowner

At its simplest level, the originallandowner (a farmer, for example) canretain ownership to as much as 80 per-cent of the conservation land to keep itin the family. (At least 20 percent of theopen space should be reserved forcommon neighborhood use by subdivi-sion residents.) That landowner canalso pass this property on to sons ordaughters, or sell it to other individuallandowners, with permanent conserva-tion easements running with the landand protecting it from developmentunder future owners. The open spaceshould not, however, be divided amongall of the individual subdivision lots asland management and access difficul-ties are likely to arise.

• Homeowners’ Associations

Most conservation land within sub-divisions is owned and managed by homeowners’ associations (HOAs). Afew basic ground rules encourage agood performance record. First, mem-bership must be automatic, a precondi-tion of property purchase in thedevelopment. Second, zoning shouldrequire that bylaws give such associa-tions the legal right to place liens onproperties of members who fail to paytheir dues. Third, facilities should beminimal (ball fields and trails ratherthan clubhouses and swimming pools)

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to keep annual dues low. And fourth,detailed maintenance plans for conser-vation areas should be required by themunicipality as a condition ofapproval. The municipality hasenforcement rights and may place alien on the property should the HOAfail to perform their obligations tomaintain the conservation land.

• Land Trusts

Although homeowners’ associa-tions are generally the most logicalrecipients of conservation land withinsubdivisions, occasionally situationsarise where such ownership mostappropriately resides with a land trust(such as when a particularly rare orsignificant natural area is involved).Land trusts are private, charitablegroups whose principal purpose is toprotect land under its stewardshipfrom inappropriate change. Their mostcommon role is to hold easements orfee simple title on conservation landswithin new developments and else-where in the community, to ensure thatall restrictions are observed. To covertheir costs in maintaining land theyown or in monitoring land they holdeasements on, land trusts typicallyrequire some endowment funding.

• Municipality or Other Public Agency

In special situations a local govern-ment might desire to own part of the

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conservation land within a new subdi-vision, such as when that land hasbeen identified in a municipal openspace plan as a good location for aneighborhood park or for a link in acommunity trail network. Developerscan be encouraged to sell or donatecertain acreage to municipalitiesthrough additional density incentives,although the final decision wouldremain the developer’s.

Maintenance Issues.

Local officials should require con-servation area management plans to besubmitted and approved prior to grant-ing final subdivision approval. �

Trail sign. Garnet Oaks development. Bethel Township, Delaware County, Pennsylvania.

first step, all potential conservation areas(both primary and secondary) are identified,using the Existing Resources (Site Analysis)Plan. Primary Conservation Areas shallconsist of wetlands, floodplains, slopes over25%, and soils susceptible to slumping. Sec-ondary Conservation Areas shall comprise50% of the remaining land, and shallinclude the most sensitive and noteworthynatural, scenic, and cultural resources onthat remaining half of the property.

Guidance on which parts of the remain-ing land to classify as Secondary Conserva-tion Areas shall be based upon: • the procedures described in ConservationDesign for Subdivisions… • on-site visits or “walkabouts” • the open space locational criteria • the evaluation criteria• information from published data andreports, and • conversations with existing or recentowners of the property, and members of theplanning commission.

b. Location of House Sites. During the sec-ond step, potential house sites are tentative-ly located. Because the proposed location ofhouses within each lot represents a signifi-cant decision with potential impacts on theability of the development to meet the 14evaluation criteria, subdivision applicantsshall identify tentative house sites on theConceptual Preliminary Plan and proposedhouse sites on the detailed Final Plan.House sites should generally be located notcloser than 100 feet from Primary Conser-vation Areas, but may be situated within 50feet of Secondary Conservation Areas, inorder to enjoy views of the latter withoutnegatively impacting the former.…

c. Street and Lot Layout. The third stepconsists of aligning proposed streets to pro-vide vehicular access to each house in themost reasonable and economical way. Whenlots and access streets are laid out, theyshall be located in a way that avoids or atleast minimizes adverse impacts on boththe Primary and Secondary ConservationAreas. To the greatest extent practicable,wetland crossings and streets traversingexisting slopes over 15% shall be stronglydiscouraged. Street connections shall gener-ally be encouraged to minimize the numberof new cul-de-sacs to be maintained by thetownship and to facilitate easy access to andfrom homes in different parts of the proper-ty (and on adjoining parcels).…

d. Lot Lines. The fourth step is simply todraw in the lot lines (where applicable). …�

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Randall Arendt is aland use planner, sitedesigner, author, lecturer,and advocate of conser-vation planning. He isvice president of conser-vation at the NaturalLands Trust in Media,Pennsylvania. Arendt isthe principal author of Rural by Design: Main-taining Small Town Character (APA PlannersPress, 1994), and authored “Open Space Zoning:What It Is & Why It Works,” in PCJ #5 (1992).If you have any questions, you can contactArendt at: Natural Lands Trust, 1031 PalmersMill Rd., Media, PA 19063; 610-353-5587.More details on the Growing Greener approachoutlined in this article can be found at the Natur-al Lands Trust web site: www.natlands.org