Conservation Restrictions in Conservation Subdivisions Joel Russell and Robert Levite March 2012

1. Conservation Restrictions in Conservation Subdivisions Joel Russell and Robert LeviteMarch 2012

2. Conservation Subdivisions •Purpose: to preserve important open space while allowing compatible development; also called Clustering, OSRD, NRPZ, flexible development, etc. • Statutory framework: Ch 40A, Sec. 9; Home Rule Amendment; Ch. 184, Sec. 31-33; Subdivision Control Law (Ch. 41) • Why a CR? Why not note on plan or deed restriction? • Relationship to OSRP, trail networks, town master plan, CPA, APR program, self-help grants, etc. • Importance of Conservation Analysis

3. - Conservation analysis ensures that a mandated conservation restriction achieves its purpose. - It should be done in cooperation with the land trust that will be the prospective grantee of the restriction.

4. Example - Step 1: Map Existing Conditions

5. Step 2: Identify Site Constraints (primary conservation areas)

6. Step 3: Identify Natural and Cultural Features (secondary conservation areas)

7. MATURE BEECH STAND - Need to protect trees and root systems from damage WOOD LOT - Provides visual buffer from adjacent offsite development PRIME AGRICULTURAL SOILS - Preserve for agricultural use STONE WALL - Visual and cultural resource

8. ROLLING LANDFORM -Contrasts with flat agricultural fields and wetlands -Grading should reflect rolling character STREAM CORRIDOR -Provides visual interest and ecological benefits -Protect riparian buffer HISTORIC MILL RUINS -Has educational value as a point of interest along public trail and road. ROAD VIEWSHED -Preserve rural road edge (i.e. landform, vegetation, shoulder) -Opportunity for natural screening (existing/new) of new structures from road

9. Look at Context of Town Open Space Planning and Linkages

10. Step 4: Conservation Findings (before doing a development plan) • Preserve prime agricultural land and beech stand • Preserve stone walls • Preserve historic mill ruins • Preserve “Unbuildable Land” (10.5 acres of floodplain, wetlands, stream, steep slopes) • Provide visual buffer from road

11. Potential Conservation Restriction Plan

12. Without conservation analysis: fragmented open space serves no conservation purpose

13. Same plan showing wetlands and buffers

14. “Leftover” open space

15. Case example: 100-acre Site in Dutchess County, New York

16. Conservation Analysis: Slopes

17. Conservation Analysis: Soils

18. Conservation Analysis: Water Resources

19. Natural Features and Conservation Findings • Do not develop on steep slopes • Protect views of hillside • Minimize disturbance of water resources • Protect the best farmland • Maintain intact tract of wildlife habitat • Provide visual buffer from road

20. Acceptable Plan

21. Unacceptable Plan

22. Conservation Analysis – Summing Up • Conservation Analysis puts the community in the driver’s seat to ensure that preserved land has conservation value and is not just “leftover land.” • Should be done before any subdivision design occurs and before the formal approval process begins. • Ties in the community’s comprehensive plan and open space and recreation plan • Informs decisions on uses, management, and ownership of open space land , establishing the basic terms of the conservation restriction • Should not be confused with minimum open space or density calculation.

23. GETTING BOARDS TOGETHER • Townwide discussion on communication between boards • Required: Plg., ConsComm; Should include Open Space, BoH, CPA; Ag Comm. • Key: local and/or regional land trust • Consider town bylaw for active cooperation on how and under what circumstances open space connected to OSRD/NRPZ to be preserved; Joint board discussions • Ensure Plg. Bd. has ability to standardize all conditions and standards

24. Issues to be Addressed - Adequate Plg Bd. Record – Historical; useful to other boards (ConsComm; Assessors; BoH); written record - Plg. Bd. hiring of experts to ensure quality of conservation analysis and relationship to other protected lands within the town - Complete survey of property and land to be protected; markers at all angles; - CR Devp. (Plg. Bd., ConsComm, Open Space, local land trust; Ag Comm.; use state model CR/APR); - Who holds the CR / fee: town, land trust; homeowners assoc.; other non-profit); CR condition of approval; CR recorded and referenced on definitive plan - CR provision for back-up CR holder;

25. ISSUES TO BE ADDRESSED - Resolve public access issues early on • Funding from developer to cover initial monitoring/stewardship - Deadline for recording CR; sooner, not later • Respons. of each party: process for funding to cover annual stewardship, monitoring, repair; • Required membership for homeowners assn; yearly fee for maintenance; automatic lien provisions • Consider town ordinance that preserves the continuity of homeowners assn.

26. ISSUES TO BE ADDRESSED • Plg. Bd. to ensure that what is supposed to happen, happens: bond, road hold back, other conditions • Plg. Bd. order that open space area/buffer not be part of staging area during constr. • Include periodic review and final walkthru of devp. before releasing bond, road hold back, etc. • Signage issues for public, abutters • Baseline documentation report (BDR) for open space; use photos and GPS coordinates

27. ISSUES TO BE ADDRESSED • Plg. Bd. determination on detention and retention ponds, swales re: maintenance, repair, replacement (POTW) • Memorialize decisions on permanent signage for access; usage; banned activities • Consider town bylaws/regulations involving protected property – allows for better commun. between entity doing enforcement and local police