Conservation subdivisions are a useful alternative to traditional subdivisions that are both ecologically and economically beneficial. Not only are conservation subdivisions aesthetically pleasing, but they also serve to preserve sensitive lands for an areas’ biodiversity and ecological functions. Generally speaking, a conservation subdivision is a clustering of homes or development away from environmentally sensitive areas while leaving some substantial percentage of the property perpetually as open space through use of a legally binding easement or other legal apparatus. It is a variant of a Planned Unit Development (PUD) – a common tool used by communities to craft a specific development plan for a parcel meeting various community objectives. The principal difference between a PUD and a Conservation Subdivision is the required linkage of unit-density clustering in one or more portions of the site to set-aside conservation areas on other portions of the site and having these areas perpetually remain undeveloped and appropriately managed under strict and perpetual legal tools such as a conservation easement.
The open spaces in conservation subdivisions are often not just for resident’s amenities and recreation, but represent a means to achieve perpetual set-asides for the purpose of ecological conservation within the context of a development (or group of neighboring developments). The open space is protected with a conservation easement or other legal arrangement that ensures the undeveloped common land will be left undeveloped in perpetuity. Through this arrangement, two or more sizeable environmentally sensitive areas on the property can be linked when it may not be feasible to protect large, continuous tracts of land. This linkage ability provides an increase in functional habitat and corridors through which wildlife can be sustained.
The design and usefulness of a given conservation subdivision to wildlife will largely depend on the local objectives and specifications (detailed by the comprehensive plan and implementing ordinances), the desires of the developer, and the topography of the land being developed. This tool is most useful in suburban and rural areas, and in areas with mitigation and restoration potential, such as: old pasture/fields, historic sites, sensitive ecosystems, riparian zones, wetlands, and critical habitat. Conservation subdivision developers actively choose and design to augment conservation strategies, purposely supporting healthy habitat; the open space is not a mere left-over from development.
General Ecological Guidelines to Site Protection
When developing a conservation subdivision there are some general ecological guidelines that should be followed with regards to habitat protection and conservation. The first rule of thumb is to know the lay-of-the-land and the potential wildlife and habitat types both on site, and proximate to the site. It is important not to disrupt, fragment or otherwise isolate the habitats because the native plants and animals depend on a certain level of continuity and stability of particular local features for their survival. It is also important to keep in mind that all wildlife depend on food, water and cover of specific types or durations to meet their survival needs.
Degraded habitats cause a loss of biodiversity and allow for exotic species of plants and animals to thrive. Isolation and fragmentation of habitat can lessen the chances for genetic exchange between adjacent populations of the same species which can contribute to local or regional extinctions. When planning the site, every effort should be made to retain contiguous blocks or swaths of habitat and to minimize habitat breaks or long thin corridors that limit or impede wildlife movement and habitat sustaining features (e.g., microclimates that allow humid growing conditions such as in a hardwood hammock or dry sandy soils of regularly burned xeric scrub areas).
Corridors of undisturbed habitat can allow species to move freely, and can be linked with corridors on adjacent parcels to maximize the benefit to flora and fauna. Edge habitat is good for some species such as deer, but interior habitat with particular microclimate features is crucial for many other species such as passerine birds, frogs, salamanders and bats. Reduction of edge habitat where possible provides a more balanced conservation unit by increasing biodiversity in the area. Conservation subdivisions offer a pragmatic means by which habitat fragmentation and edge effects can be reduced over that of conventional subdivisions.
The final consideration is that of management of the open space. A management plan might be necessary if your goal is restoration of a specific habitat or community, or if the goal is mitigation. It may be beneficial if local officials require conservation area management plans to be submitted and approved prior to granting final subdivision approval. A management plan should spell out the special characteristics of the conservation area, the specific goals of the plan (i.e. rehabilitation of the Red Cockaded Woodpecker population) and list the best management practices that are to be used to that end. A management plan may be attached to a conservation easement as an appendix. The party in charge of management of the common space is largely dependent upon who holds title or easement to the property. In many cases, the Home Owners Association is in charge of management. If the area is of particular ecological concern, a land trust may be willing to get involved in the management. Once a management plan has been accepted by all parties, and the land placed under easement, it is possible to revisit and alter the management plan if needed, but usually only if circumstances have changed enough to warrant changes to the plan since altering an easement can be difficult, though not impossible.
If the development abuts a riparian zone, there are other guidelines that should be considered. When rivers and karst features are involved, be cognizant that all actions adjacent to a water body can have drastic affects on the system downstream as well as the wildlife that depend upon the water system. For this reason, any development should be located as far away from the water body as practicable. The negative effects of development on the water can be mitigated by leaving a buffer of natural vegetation along the banks and discouraging or prohibiting the use of pesticides in the development. Placing natural buffers and conservation areas adjacent to water features ensures that wildlife will have continued access to water and will not have to go elsewhere to find their water supply.
Design, Construction and Landscape Guidelines
There are generally two stages in the construction of a conservation subdivision; the background stage and the design stage. The background stage is used to map out conservation areas in order to determine areas that should be conserved and those that are suitable for building. First, identify all primary conservation areas, such as floodplains, wetlands, slopes and habitat of wildlife species. Then identify secondary conservation areas, such as wildlife habitats of lesser significance; intact woodlands or forests; areas with historic, archaeological or cultural significance; areas with soils suitable for filtering septic effluent; and areas with aesthetic value to the future homeowner. Once these areas are identified, all layers should be mapped together to view areas that are suitable for building and those that should be conserved. Buildable lands are those not in the Primary Conservation Areas and provide the greatest possible consideration to the Secondary Conservation Areas.
After identifying those areas which should be protected, we enter the design stage which consists of the following steps: location of home sites; design of street alignments, trails, and pedestrian paths; and drawing in the lot lines. There are a number of considerations that must be made in designing a conservation subdivision that we do not encounter with traditional subdivisions. When locating house sites it is important to maximize the number of lots with views of water or open space. This can be achieved in some lots by creating “view tunnels” whereby limbs are trimmed to allow a view of water or an open space while removing as few trees as possible. A design approach that has proven advantageous and profitable in conservation subdivisions is the use of single loaded streets, meaning streets with houses located only on one side of the street. These aid in the aesthetic value of the conservation subdivision because homeowners have nicer views from the front and back of their homes instead of facing a neighbor’s garage or carport.
When designing street alignments and trails one should avoid large trees, mature tree stands, and wildlife habitat to the greatest extent possible so as to leave wildlife and habitat as undisturbed as possible. Long, straight streets should be avoided to control speed, and bicycle and pedestrian trails should be added to reduce the overall traffic in the subdivision. Finally, we must draw in the lot lines. Typically, the most efficient use of a lot is when the house is “off-center and up front,” off-center houses allow for larger side yards. Lot depth is related to the presence or absence of open space along rear lot lines. Smaller-scale lots have become popular due to the reduction of yard maintenance responsibilities, and the sighting of homes near to open space can make up for the ill-perceived “clustering” of neighbors into developable lands.
Construction and Landscaping Guidelines
During construction there are three key differences between traditional subdivisions and conservation subdivisions that must be considered; streets, stormwater management, and site preparation. Streets should be designed at the minimum allowable width to reduce impervious surfaces; using porous pavements where allowed is also recommended. Traditional curb and gutter systems collect and concentrate pollutants and prevent stormwater runoff from being naturally treated through contact with soil and vegetation, therefore curb and gutter systems should be replaced with vegetated swales and infiltration basins whenever feasible. During site preparation, every effort should be made to protect the trees, soil, and to not disturb habitat. Clearing and grading should be limited around the construction site and adjacent areas should be fenced or ribboned off to protect trees and topsoil from heavy construction equipment, and habitat from being disturbed during the construction process.
When landscaping in a conservation subdivision, one should use permeable surfaces to the greatest possible extent. A certain amount of impervious surfaces are inevitable, but a proper selection of surfaces and plant materials can improve infiltration potential. Efforts should be made to keep drainage onsite through the construction of dry wells, cisterns, holding ponds and swales which are low maintenance and aesthetically pleasing alternatives to traditional drainage sewer systems. In additional to leaving the open space undisturbed, trees should be planted on and around the homes. Deciduous trees contribute greatly to the efficiency of the heating and cooling systems in homes by blocking the sun in the summer and allowing the sun through in the winter. Finally, native plants should be used to landscape on and around homes. Choosing vegetation proper for the climate and ecosystem type increases functional habitat for many species and reduces costs involved with maintenance.
In areas that are not connected to sewer service, wastewater management can become a limiting factor on the use and scale of conservation subdivisions. Minimum lot size requirements for home sites without sewer may be prohibitive, and the minimum lot sizes may increase depending on soil type and whether a well is also present on the property. This may not be an issue if the zoning on the property requires a minimum lot size greater than this. If this becomes an issue there are ways to deal with this problem such as constructing an on-site small centralized wastewater treatment facility, or allowing the septic drain fields to be constructed within the open space.
Legal Tools to Protect Common Space
There are three tools by which the open space of a conservation subdivision can be protected: conservation easements; dedication of common space to a local government or land trust; or covenant conditions and restrictions. There are many variables that should be considered when deciding which tool will work best in your development. Many local governments now have conservation subdivision ordinances, some of which proscribe the tools that must be used to protect the open space.
Conservation easements are legally binding agreements that combine the benefits of homeowner participation in the maintenance of the common space with an enforceable right to restrict the use of the land. Easements are advantageous because they last in perpetuity, are well accepted in the courts, and are not easily changed. Easements spell out in detail the allowable uses of the land and also those activities that are prohibited on the land. This approach is economically beneficial to developers through possible income tax breaks. Additionally, property resale values of homes adjacent to the protected common space have been shown to increase more than parcels that do not abut protected land.
Dedication of the common space involves transferring the title of the property to a second party (usually either a land trust or local government) through a charitable donation or bargain sale. Either method can be advantageous to the landowner through federal tax deductions and transfer of the ongoing maintenance costs and management duties to another party. The disadvantage to landowners is that they lose control over the land, so they must have substantial trust in the entity to which they transfer the land. This approach can be challenging because it may be difficult to strike a bargain with a land trust or local government unless the property is of particular interest to them. By taking title of the land, the second party also assumes the costs associated with management of land as well as liability of owning the land. Additionally, dedication of land to a local government typically results in public access to the land which is the primary deterrent for many Home Owners Associations.
The final option involves relying on the Covenants, Conditions and Restrictions (CCRs) of a community association’s Declarations to protect and maintain common space. While it is important to continue to have such deed restrictions, they are not enough on their own. The problem with relying solely on the CCRs is threefold. First, CCRs are typically dynamic in nature and can be changed by a vote of the community association’s members. Second, the term of the covenants is subject to each state’s common law. Finally, enforcement of the CCRs can be problematic.
The party who is responsible for monitoring the land largely depends on the protection tool that is used. Under conservation easements, the management of the land is usually done by the Home Owners Association, while an outside party such as a land trust or local government monitors the land and has the legal power to enforce any noncompliance with the easement. This method usually requires a financial grant from the landowner to the land trust or local government to cover the monitoring and enforcement expenses associated with the easement. If the land is dedicated to a land trust or local government, then that entity assumes the responsibility and costs for management of the land.
Economic Costs, Benefits and Incentives
Building a conservation subdivision can be substantially less expensive than building a conventional subdivision because site preparation activities are limited to only a portion of the tract. Because homes are clustered and part of the parcel is undeveloped, conservation subdivisions generally have lower infrastructure costs compared with conventional subdivisions. Road, sidewalks, water lines and other utility lines can all be reduced in length, to the economic benefit of the developer. These savings are modest if small amounts of open space are preserved but increase considerably the more homes are clustered and the more space is left intact. Omitting curbs and gutters alone can save an estimated $15 per foot.
Several studies have established that homes in conservation subdivisions appreciate in value more swiftly than homes in conventional subdivisions. Additionally, homes adjacent to the protected common space tend to have a higher re-sale value than other lots. Density bonuses also provide an incentive for developers who use this tool. Some conservation subdivision ordinances allow for a density bonus to developers, while others provide a de facto bonus based on the method used for calculating density.
There are two particular costs that may apply to a conservation subdivision that you may not encounter in a traditional subdivision; regulatory costs and costs associated with protecting and monitoring the common space.
According to some developers, the greatest cost associated with conservation subdivisions, compared to traditional designs, is in obtaining rezoning, variances, and permits to allow for clustering. Inflexible zoning and overly restrictive design standards are typically the principal barriers, but wastewater management regulations can also be an obstacle in areas without sewer service. Many developers and designers of conservation subdivisions have said that removing these impediments and speeding up the approval process was one of the most effective incentives that local governments can provide for conservation subdivisions.
There is a modest cost associated with conservation easements or restrictive covenants associated with drafting the legal document itself. Additionally, some land trusts also require a stewardship fee from the developer to fund the long-term costs of monitoring and enforcing the easements that they hold, including periodic site visits to ensure compliance.
Conservation Subdivision Ordinances
Increasingly more municipalities are adopting zoning ordinances that allow for conservation subdivisions without having to obtain special variances and permits. Some municipalities are creating land use categories while others are creating overlay zones or other mechanisms. Existing ordinances have minimum open space requirements ranging from 20% to 50% or more. From an environmental perspective, a relatively high minimum requirement is desirable.
The open spaces in conservation subdivisions are often not just for resident’s amenities and recreation, but represent a means to achieve perpetual set-asides for the purpose of ecological conservation within the context of a development (or group of neighboring developments). The open space is protected with a conservation easement or other legal arrangement that ensures the undeveloped common land will be left undeveloped in perpetuity. Through this arrangement, two or more sizeable environmentally sensitive areas on the property can be linked when it may not be feasible to protect large, continuous tracts of land. This linkage ability provides an increase in functional habitat and corridors through which wildlife can be sustained.
The design and usefulness of a given conservation subdivision to wildlife will largely depend on the local objectives and specifications (detailed by the comprehensive plan and implementing ordinances), the desires of the developer, and the topography of the land being developed. This tool is most useful in suburban and rural areas, and in areas with mitigation and restoration potential, such as: old pasture/fields, historic sites, sensitive ecosystems, riparian zones, wetlands, and critical habitat. Conservation subdivision developers actively choose and design to augment conservation strategies, purposely supporting healthy habitat; the open space is not a mere left-over from development.
General Ecological Guidelines to Site Protection
When developing a conservation subdivision there are some general ecological guidelines that should be followed with regards to habitat protection and conservation. The first rule of thumb is to know the lay-of-the-land and the potential wildlife and habitat types both on site, and proximate to the site. It is important not to disrupt, fragment or otherwise isolate the habitats because the native plants and animals depend on a certain level of continuity and stability of particular local features for their survival. It is also important to keep in mind that all wildlife depend on food, water and cover of specific types or durations to meet their survival needs.
Degraded habitats cause a loss of biodiversity and allow for exotic species of plants and animals to thrive. Isolation and fragmentation of habitat can lessen the chances for genetic exchange between adjacent populations of the same species which can contribute to local or regional extinctions. When planning the site, every effort should be made to retain contiguous blocks or swaths of habitat and to minimize habitat breaks or long thin corridors that limit or impede wildlife movement and habitat sustaining features (e.g., microclimates that allow humid growing conditions such as in a hardwood hammock or dry sandy soils of regularly burned xeric scrub areas).
Corridors of undisturbed habitat can allow species to move freely, and can be linked with corridors on adjacent parcels to maximize the benefit to flora and fauna. Edge habitat is good for some species such as deer, but interior habitat with particular microclimate features is crucial for many other species such as passerine birds, frogs, salamanders and bats. Reduction of edge habitat where possible provides a more balanced conservation unit by increasing biodiversity in the area. Conservation subdivisions offer a pragmatic means by which habitat fragmentation and edge effects can be reduced over that of conventional subdivisions.
The final consideration is that of management of the open space. A management plan might be necessary if your goal is restoration of a specific habitat or community, or if the goal is mitigation. It may be beneficial if local officials require conservation area management plans to be submitted and approved prior to granting final subdivision approval. A management plan should spell out the special characteristics of the conservation area, the specific goals of the plan (i.e. rehabilitation of the Red Cockaded Woodpecker population) and list the best management practices that are to be used to that end. A management plan may be attached to a conservation easement as an appendix. The party in charge of management of the common space is largely dependent upon who holds title or easement to the property. In many cases, the Home Owners Association is in charge of management. If the area is of particular ecological concern, a land trust may be willing to get involved in the management. Once a management plan has been accepted by all parties, and the land placed under easement, it is possible to revisit and alter the management plan if needed, but usually only if circumstances have changed enough to warrant changes to the plan since altering an easement can be difficult, though not impossible.
If the development abuts a riparian zone, there are other guidelines that should be considered. When rivers and karst features are involved, be cognizant that all actions adjacent to a water body can have drastic affects on the system downstream as well as the wildlife that depend upon the water system. For this reason, any development should be located as far away from the water body as practicable. The negative effects of development on the water can be mitigated by leaving a buffer of natural vegetation along the banks and discouraging or prohibiting the use of pesticides in the development. Placing natural buffers and conservation areas adjacent to water features ensures that wildlife will have continued access to water and will not have to go elsewhere to find their water supply.
Design, Construction and Landscape Guidelines
There are generally two stages in the construction of a conservation subdivision; the background stage and the design stage. The background stage is used to map out conservation areas in order to determine areas that should be conserved and those that are suitable for building. First, identify all primary conservation areas, such as floodplains, wetlands, slopes and habitat of wildlife species. Then identify secondary conservation areas, such as wildlife habitats of lesser significance; intact woodlands or forests; areas with historic, archaeological or cultural significance; areas with soils suitable for filtering septic effluent; and areas with aesthetic value to the future homeowner. Once these areas are identified, all layers should be mapped together to view areas that are suitable for building and those that should be conserved. Buildable lands are those not in the Primary Conservation Areas and provide the greatest possible consideration to the Secondary Conservation Areas.
After identifying those areas which should be protected, we enter the design stage which consists of the following steps: location of home sites; design of street alignments, trails, and pedestrian paths; and drawing in the lot lines. There are a number of considerations that must be made in designing a conservation subdivision that we do not encounter with traditional subdivisions. When locating house sites it is important to maximize the number of lots with views of water or open space. This can be achieved in some lots by creating “view tunnels” whereby limbs are trimmed to allow a view of water or an open space while removing as few trees as possible. A design approach that has proven advantageous and profitable in conservation subdivisions is the use of single loaded streets, meaning streets with houses located only on one side of the street. These aid in the aesthetic value of the conservation subdivision because homeowners have nicer views from the front and back of their homes instead of facing a neighbor’s garage or carport.
When designing street alignments and trails one should avoid large trees, mature tree stands, and wildlife habitat to the greatest extent possible so as to leave wildlife and habitat as undisturbed as possible. Long, straight streets should be avoided to control speed, and bicycle and pedestrian trails should be added to reduce the overall traffic in the subdivision. Finally, we must draw in the lot lines. Typically, the most efficient use of a lot is when the house is “off-center and up front,” off-center houses allow for larger side yards. Lot depth is related to the presence or absence of open space along rear lot lines. Smaller-scale lots have become popular due to the reduction of yard maintenance responsibilities, and the sighting of homes near to open space can make up for the ill-perceived “clustering” of neighbors into developable lands.
Construction and Landscaping Guidelines
During construction there are three key differences between traditional subdivisions and conservation subdivisions that must be considered; streets, stormwater management, and site preparation. Streets should be designed at the minimum allowable width to reduce impervious surfaces; using porous pavements where allowed is also recommended. Traditional curb and gutter systems collect and concentrate pollutants and prevent stormwater runoff from being naturally treated through contact with soil and vegetation, therefore curb and gutter systems should be replaced with vegetated swales and infiltration basins whenever feasible. During site preparation, every effort should be made to protect the trees, soil, and to not disturb habitat. Clearing and grading should be limited around the construction site and adjacent areas should be fenced or ribboned off to protect trees and topsoil from heavy construction equipment, and habitat from being disturbed during the construction process.
When landscaping in a conservation subdivision, one should use permeable surfaces to the greatest possible extent. A certain amount of impervious surfaces are inevitable, but a proper selection of surfaces and plant materials can improve infiltration potential. Efforts should be made to keep drainage onsite through the construction of dry wells, cisterns, holding ponds and swales which are low maintenance and aesthetically pleasing alternatives to traditional drainage sewer systems. In additional to leaving the open space undisturbed, trees should be planted on and around the homes. Deciduous trees contribute greatly to the efficiency of the heating and cooling systems in homes by blocking the sun in the summer and allowing the sun through in the winter. Finally, native plants should be used to landscape on and around homes. Choosing vegetation proper for the climate and ecosystem type increases functional habitat for many species and reduces costs involved with maintenance.
In areas that are not connected to sewer service, wastewater management can become a limiting factor on the use and scale of conservation subdivisions. Minimum lot size requirements for home sites without sewer may be prohibitive, and the minimum lot sizes may increase depending on soil type and whether a well is also present on the property. This may not be an issue if the zoning on the property requires a minimum lot size greater than this. If this becomes an issue there are ways to deal with this problem such as constructing an on-site small centralized wastewater treatment facility, or allowing the septic drain fields to be constructed within the open space.
Legal Tools to Protect Common Space
There are three tools by which the open space of a conservation subdivision can be protected: conservation easements; dedication of common space to a local government or land trust; or covenant conditions and restrictions. There are many variables that should be considered when deciding which tool will work best in your development. Many local governments now have conservation subdivision ordinances, some of which proscribe the tools that must be used to protect the open space.
Conservation easements are legally binding agreements that combine the benefits of homeowner participation in the maintenance of the common space with an enforceable right to restrict the use of the land. Easements are advantageous because they last in perpetuity, are well accepted in the courts, and are not easily changed. Easements spell out in detail the allowable uses of the land and also those activities that are prohibited on the land. This approach is economically beneficial to developers through possible income tax breaks. Additionally, property resale values of homes adjacent to the protected common space have been shown to increase more than parcels that do not abut protected land.
Dedication of the common space involves transferring the title of the property to a second party (usually either a land trust or local government) through a charitable donation or bargain sale. Either method can be advantageous to the landowner through federal tax deductions and transfer of the ongoing maintenance costs and management duties to another party. The disadvantage to landowners is that they lose control over the land, so they must have substantial trust in the entity to which they transfer the land. This approach can be challenging because it may be difficult to strike a bargain with a land trust or local government unless the property is of particular interest to them. By taking title of the land, the second party also assumes the costs associated with management of land as well as liability of owning the land. Additionally, dedication of land to a local government typically results in public access to the land which is the primary deterrent for many Home Owners Associations.
The final option involves relying on the Covenants, Conditions and Restrictions (CCRs) of a community association’s Declarations to protect and maintain common space. While it is important to continue to have such deed restrictions, they are not enough on their own. The problem with relying solely on the CCRs is threefold. First, CCRs are typically dynamic in nature and can be changed by a vote of the community association’s members. Second, the term of the covenants is subject to each state’s common law. Finally, enforcement of the CCRs can be problematic.
The party who is responsible for monitoring the land largely depends on the protection tool that is used. Under conservation easements, the management of the land is usually done by the Home Owners Association, while an outside party such as a land trust or local government monitors the land and has the legal power to enforce any noncompliance with the easement. This method usually requires a financial grant from the landowner to the land trust or local government to cover the monitoring and enforcement expenses associated with the easement. If the land is dedicated to a land trust or local government, then that entity assumes the responsibility and costs for management of the land.
Economic Costs, Benefits and Incentives
Building a conservation subdivision can be substantially less expensive than building a conventional subdivision because site preparation activities are limited to only a portion of the tract. Because homes are clustered and part of the parcel is undeveloped, conservation subdivisions generally have lower infrastructure costs compared with conventional subdivisions. Road, sidewalks, water lines and other utility lines can all be reduced in length, to the economic benefit of the developer. These savings are modest if small amounts of open space are preserved but increase considerably the more homes are clustered and the more space is left intact. Omitting curbs and gutters alone can save an estimated $15 per foot.
Several studies have established that homes in conservation subdivisions appreciate in value more swiftly than homes in conventional subdivisions. Additionally, homes adjacent to the protected common space tend to have a higher re-sale value than other lots. Density bonuses also provide an incentive for developers who use this tool. Some conservation subdivision ordinances allow for a density bonus to developers, while others provide a de facto bonus based on the method used for calculating density.
There are two particular costs that may apply to a conservation subdivision that you may not encounter in a traditional subdivision; regulatory costs and costs associated with protecting and monitoring the common space.
According to some developers, the greatest cost associated with conservation subdivisions, compared to traditional designs, is in obtaining rezoning, variances, and permits to allow for clustering. Inflexible zoning and overly restrictive design standards are typically the principal barriers, but wastewater management regulations can also be an obstacle in areas without sewer service. Many developers and designers of conservation subdivisions have said that removing these impediments and speeding up the approval process was one of the most effective incentives that local governments can provide for conservation subdivisions.
There is a modest cost associated with conservation easements or restrictive covenants associated with drafting the legal document itself. Additionally, some land trusts also require a stewardship fee from the developer to fund the long-term costs of monitoring and enforcing the easements that they hold, including periodic site visits to ensure compliance.
Conservation Subdivision Ordinances
Increasingly more municipalities are adopting zoning ordinances that allow for conservation subdivisions without having to obtain special variances and permits. Some municipalities are creating land use categories while others are creating overlay zones or other mechanisms. Existing ordinances have minimum open space requirements ranging from 20% to 50% or more. From an environmental perspective, a relatively high minimum requirement is desirable.
