HomeMy WebLinkAbout1991-10-30 - AGENDA REPORTS - OPEN SPACE ACQUISTION MAINT (2)CITY OF SANTA CLARITA
INTEROFFICE MEMORANDUM
T0: City Manager
City Council
FROM: Jeff Kolin, Deputy City Manager, ParksR 4rer rCb
DATE: October 30, 1991
SUBJECT: OPEN SPACE ACQUISITION AND MAINTENANCE STRATEGY
BACKGROUND'
Preservation of open space has been a high priority with the residents of the
Santa Clarita Valley. Telephone surveys,public .forums, focus groups and
strategic planning processes have all confirmed the: community's interest in
preserving significant ridgelines, hillsides -and open'space areas. .
The City Council authorized a study of the Santa Clara River to determine what
should be done with the river to enhance its potential for water features and
recreational uses.: The consensus planning, process used in the River Study
helped formulate a- clear picture of what the community would like to see this
important open space asset be in the future. One of- the most strongly
expressed desires of the planning process and citizen'.s committee was to
acquire and preserve the open space represented by the River..
The City Council requested staff to begin researching methods and techniques
to acquire and preserve open space in the City. Tonight's Study Session will
highlight a number of possible alternatives for open space acquisition and
maintenance as well as present a comprehensive process for planning for open
space preservation and acquisition, regulation' of development to protect and
acquire open space, acquisition alternatives and regional approaches to the
acquisition and maintenance of open space.
The League of California Cities published an excellent series of work books
entitled, "Building Sustainable Communities." One entire volume is dedicated
to Open Space: Preservation and Acquisition. A copy of the introduction to
the work book is contained in.Attachment I. It highlights many of the issues
which will be discussed this evening and. identifies many of the opportunities
present through a coordinated open space acquisition and maintenance strategy.
A brief presentation will also be made by Scott Parker, Project Manager for
the Western Region of the Trust for Public Land. The Trust for Public Land is
anon -profit land trust which works with units of government to acquire land
for open space. Information on the Trust for Public .Land and one of its
recent projects is contained in Attachment II.
Agenda Item:
City Manager/City Council
Open Space Acquisition
October 15,'1991
Page 2
ELEMENTS OF ANOPENSPACE ACOUISITION.STRATEGY
Planning to determine what is open space within our community is an essential
step in the process of developing an overall open space strategy. A mission
statement should be developed for the open space program which clearly
communicates the program's goals and objectives. The process should include
development of criteria and a grading system to review possible acquisitions
for open space.
Criteria which will be used for to determine whether a property should be
acquired for open space should follow naturally from the program mission
statement. The environmental values of the proposed acquisition, public
access to the parcel, possible environmental hazards, legal. issues,
stewardship or maintenance costs and consistency with the program mission and
goals should all be included.
An inventory of the existing open space resources within the Santa Clarita
Valley is already been undertaken as a part of the City's General Plan. The
Open Space and Conservation Element of the General Plan includes some of the
criteria necessary to help define open space in our community. An overview of
the open space resources has also been mapped as part of the General. Plan
efforts. A much more detailed assessment of the open space should be
completed. which includes the habitat and resource values of each parcel.
Another possible option would be to establish urban growth boundaries for
future development. Growth boundaries can be used to identify agricultural
lands,- open space and park land. Some of these urban growth boundaries may.
have already been established through the creation of national forests, state
parks, SEA's and purchases, of park land by the Santa Monica Mountains
Conservancy.
The second major element of an open space strategy involves the use of
regulatory powers and techniques. The primary focus of this area is contained
in the City's General Plan and its zoning ordinances or unified development
ordinances. Establishment of zoning to protect open space is critical to the
overall strategy. The use of open space zoning, agricultural zoning, overlay
zones and special standards zones or performance zoning can help protect
important environmental features while encouraging the development of a
diversity of housing types and land uses.
The Santa Clara River Recreation and Water Features, Study also. recommended
establishing buffer zones or special standards districts for the :preservation
of riparian corridors and wetlands. As part of the City's Open Space and
Acquisiton Strategy it .may be desirable to develop and adopt a wetland and
flood plain protection ordinance, special standards districts, or riparian
corridors. These types of measures should be carefully crafted to avoid
possible inverse condemnation issues. Land owners still must retain rights to
develop properties at their currently zoned levels if the City is to avoid
purchasing the property.
City Manager/City Council
Open Space Acquisition
October 15, 1991
Page 3
Development Impact Fees are another form of regulation which can be
incorporated into open space acquisition. Development Impact Fees are the
latest step in the continuing process of shifting the cost for facilities from
the community at large to those who benefit. The City is currently employing.
the consulting firm of Recht-Hausrath and Associates to establish a program of
impact fees. These `fees 'could include funds to be used for the acquisition of
open space and park land.
The third step in an open space acquisition strategy is the acquisition of the
actual open space. Many open space preservation strategies are currently in
use in California, each of them being effective in varying degrees. Some
strategies are more effective for preserving large parcels. of land when
limited resources are available for acquisition purposes, and other strategies
are more effective when funds are needed to maintain and operate the open
space as well as acquire it. Attachment III provides a matrix for identifying
in summary form a number of different acquisition and operational strategies
and lists some of the disadvantages and advantages for each strategy.
The next portion of this report is a discussion of some of the open space
preservation strategies that can be used in the Santa Clarita Valley,
including comments on their advantages and disadvantages. It is ' not
anticipated that any single strategy by itself will provide .the maximum
benefit for open space preservation and acquisition. Staff feels that a
coordinated effort using almost all of the strategies at one time or another
in different situations will provide the Santa Clarita Valley, the best
opportunity to preserve and protect its natural resources, and better manage
its growth.
Preservation of open space may take several forms, only one of which is
outright acquisition by fee simple. Private corporations, conservation groups
and private land holders may still hold fee title, but are restricted from
developing the land through assignment of development rights to others, prior
agreements, conservation easements, etc., thus preserving the open space
without the need to spend public funds for acquisition.
There are many types of open space. Small open. space parcels adjacent to
development are desirable to preserve as scenic outlooks, wildlife corridors
or hedges against further development. While these parcels are -desirable to
preserve, they are distinct 'from larger open space preserves which are usually
characterized as a wildlife land area comprised of a single parcel of land or
a group of. contiguous parcels. This open space preserve is generally acquired
to protect the natural resources of the areafor the benefit of present and
future generations. A good example of this type of open space acquisition is
the proposed Santa Clarita Woodlands Park.
Certainly both types of open space are desirable to preserve in the Santa
Clarita Valley, but often different types of preservation strategies are most
suitable for their preservation. Open space should be evaluated according to
the City's established criteria and goals for open space to determine whether
public funds should be spent.for their acquisition and long term maintenance.
City Manager/City Council
Open Space Acquisition
October 15, 1991 - - - -
Page 4
RECOMMENDED OPEN SPACE ACQUISITION METHODS FOR THE SANTA CLARITA VALLEY
1. Donation - Outright donation can be an effective strategy for preserving
a desirable parcel of open space. The obvious limitation of this
strategy is that land in the Santa Clarita Valley is very valuable and
the. landowners are seldom willing to donate it for public use without
some trade for development rights, zoning or other financial
consideration.
2. Homeowner's Associations - Often the slopes in canyon areas that are
adjacent to new development are cared for and owned by homeowner's
associations. This preservation strategy provides a distinct advantage
to the. City in that no City revenues, are associatedwith the
preservation, and there is no liability exposure to the City. The
downside is that there is limited regulation of how these areas are
maintained, and there is limited access, except in those cases where a
trail easement is identified and acquired during the approval process.
Access to these areas is generally not required as they are usually
buffer zones and viewscape improvements only. It is possible.to place
an underlying LMD under the homeowner's association open space
preservation,. which can become activated if the homeowner's association
fails,disbands, or fails in its maintenance responsibilities.
3. Conservation Easement - There are instances when there is no need for
public access to a piece of property; that is, no need for trails or
parking. However, the City would like to see the property preserved as
a scenic backdrop and would consider a conservation or open space
easement, in which the City would.acquire only the development rights
and preclude any future disturbance to the.land. This is less costly to
the City, yet preserves the natural habitat. This conservation easement
provides a tax relief to the fee holder because the parcel is
reassessed, yet the City benefits from the property remaining on the tax
roll. Access to the property is only available by permission of the fee
holder on a case-by-case basis. Liability and maintenance and
operations are theresponsibility of the property owner.
4. Trail Easements When public access is necessary, the City can acquire
a trail easement only. This strategy does not prevent future
development, but does provide access. The fee holder retains
maintenance and operations responsibilities, liability exposure and does
not receive the tax relief that a conservation easement provides. This
lack of tax relief is a benefit to the City.
5. Leasebacks - This strategy is used when a rather large piece of
property, say 100 acres including a ten acre section of ranch buildings,
is targeted for open space preservation. The City could buy the entire
property and lease back the developed ten acre site for a long period of
time, or the owner could retain a life estate. This strategy requires
funding for both acquisition and operations and maintenance, and has
liability exposure.
City Manager/City Council
Open Space Acquisition
October 15, 1991
Page 5
6. Bargain Sale - This preservation and acquisition technique is .used when
the landowner desires the tax advantage which is secured when selling
the land for less than market value and claims the balance of the value
as a charitable contribution. This strategy requires the owner to
obtain an appraisal on his own because tax laws preclude the purchaser
from being involved in the appraisal. This strategy requires funding
for.both acquisition and maintenance and operations, and of course .has
liability exposure. The obvious advantage to the City is the reduced
acquisition cost.
7. Wildlife Habitat Enhancement Council (WHEC) - This newly formed
preservation group demonstrates the concept of a non-profit conservation
group working in partnership with corporations to manage their
undeveloped lands. In this concept, large parcels of wildland area are
jointly preserved by corporations and conservation groups for wildlife
habitat enhancement purposes. The fee title remains in corporate hands
or may be shifted to the conservation group. The intent of WHEC.,is to
be a broad based group, not owned by any single company or conservation
group. Since corporations own one quarter of the U.S. land base, this
strategy could be a useful tool in an overall preservation strategy.
This strategy generally offers public access, yet does not impact City
revenues for either acquisition or -maintenance and operations.
8. Landscape Maintenance Districts - Generally, this strategy is used to
fund operations and maintenance costs for medians and side panels in
developed areas. However, it can also be used to preserve open space.
around and within developments. This strategy is most often used when
new development occurs and a portion of the development is being
dedicated as open space to a publicly held LMD. This strategy provides
access, revenues for operations and maintenance and generally all the
rights associated with outright ownership. This strategy is generally
limited to smaller. areas adjacent to new development and brings
liability responsibility, but has no impact on general fund monies.
9. Bond Act - When general fund monies are limited and the City is
aggressively pursuing an open space acquisition strategy, a.Bond Act is
an effective strategy. This is accomplished through a. local or
statewide election and when successful, provides funds for immediate
purchase of desirable lands. Some drawbacks to this process are the
sometimes risky, costly,and drawn-out ballot process, and the fact that
the interest on the bonds can make this an expensive strategy. However,
a local electorate firmly behind open space preservation and growth
management may be favorably disposed to adopting such an initiative.
10. Grants - Grant funds and federal programs which.provide funds for open
space acquisition are a valuable means of preserving open space.
Frequently these funds are available on a matching basis and therefore
require a general fund commitment. While this strategy reduces local
government capital outlay, it is a competitive process and cannot be
depended upon for any long term preservation .strategy. An additional
disadvantage of grants is that they frequently require that funds ,only
be used for acquisition and not for operations and maintenance of the
open space. This strategy can play an important role in an overall
preservation plan.
City Manager/City Council
Open Space Acquisition'
October 15, 1991
Page 6
11. SEA - Significant ecological areas are designated by the County of Los
Angeles through its SEATAC Committee. Significant ecological areas are
designated to help preserve particularly valuable habitat and wildlife
areas. SEA'S- establish a goal of limiting development in order to
preserve the open space. However, there have been numerous examples
where the land use authority, such as the Board of Supervisors, has
decided to permit development within SEA's.
12. Trust for Public Land - Non-profit land trusts such as the Trust for
Public Land can work cooperatively with local governments to help
acquire options for the purchase of property at bargain rates. 'A
non-profit land trust negotiates with private property owners to acquire
tracts of open space and then transfers ownership .of the land at or
below the appraised value.
13. Open Space District - One strategy that appears to have some of the
advantages required for a long term open space. acquisition strategy is
the formation of an Open Space District. This strategy provides funds
for operations and maintenance as well as acquisition, "provides an
ongoing source of revenue for long term planning.
The creation of an open space district does not require the use of
general fund monies for acquisition purposes, yet in most circumstances
allows the placement of open space lands acquired through Genreal Fund,
Grants, Bond Acts, etc., into the district itself. The proposal and
legislation are outlined below.
Proposal - Under existing state law, a regional park and open space
district could be established in Los'Angeles County to address our
growing park, recreation and .open space needs. The proposed
regional district could raise funds to acquire, improve, operate
and maintain park, beach, recreation and open space lands
throughout the County. Under the Landscape and Lighting Act of
1972, a regional park and open space district may form a special'
assessment district to levy a per parcel assessment for park,.
recreation and open space purposes.
The proposed Los Angeles County Regional and -Open Space District
would be county -wide and would include, all .incorporated and
unincorporated areas. Funds raised by the district would be
allocated to all areas within the district, including all cities,
and would be used primarily to acquire and improve land for park,
beach, recreation and open space purposes. voter approval is
required to form the regional district and to levy the assessment.
Funds raised through a landscape and lighting assessment district
could be used to secure issuance of a bond for land acquisition and
improvements.. Proceeds from assessments. could also help fund
annual operations and maintenance costs. A special benefit
assessment must be directly 'related to the amount of benefit
received by those property owners being, assessed; it is therefore
not a property tax under Article 13A of the California
Constitution. A county -wide regional park and open space district
would benefit everyone in the County, as all funds generated would
be spent throughout the County.
City Manager/City,Council
Open Space Acquisition
October 15, 1991
Page 7
Legislation - Senate Bill 659 (Mill) has been introduced to
amend the Regional Open Space Law (Public Resources Code Sec.
5500) to address the specific needs of Los Angeles County in
forming a regional park and open space district. Rey provisions
of SB 659 would: require voter approval to form the district and
levy the assessment; combine the elections for formation of the
district and levying of the. assessment; require allocations of
funds generated to all cities within the district; and require
presentation of a specific expenditure plans to the voters.
The original draft of this bill provided that individual cities could choose
to exclude themselves from the District. The SMMC has indicated that legal
problems have surfaced which prohibit the ability of the cities to exclude
themselves, so all incorporated and .unincorporated areas of the County will be,
included in this District should the initiative pass.
A number of thoughts arise when considering this initiative:
a. Who would be the- governing body? The County Board of Supervisors is
identified as the governing body of this District.
b. The creation of the District and the creation of the Benefits Assessment
District per the 1972 LLA require a 50X majority vote of the electorate.
C. Can the City join with non profits to purchase open space in
unincorporated. areas and then deed the land to the District? Yes, but
the City .would then have operations and maintenance responsibilities for
that land.
d. Does this prohibit formation of a special park and open space district
locally? Yes, the preliminary indication is that the Regional District
would prevail. Staff has not secured a legal opinion on this matter,
however.
e. What does this cost the voters? While final figures are not completed,
the estimate is -somewhere between $26 to $30,per parcel per year.
f. Mow much money will go to the City? $1,500,000 plus per capita M&O
money and possible inclusion of special regional projects.
14. Establish a Municipal Land Trust — similar to a non-profit land trust,
this technique is to establish a land trust with a more focused
mission. This would involve possible combination of City resources with
those of other partners wishing to participate in an effort toward
community wide open space acquisition.. This new non profit organization
would then manage the combined assets in order to acquire options on
possible open space acquisition properties.
City Manager/City Council
Open Space Acquisition .
October 15, 1991
Page 8
v
15. Transfer of Development Rights - Transfer of development rights is a
devise by which the development potential of a site is severed from its
title and made available for transfer to another location. The owner of
a site within the transfer area retains property ownership, but not
approval to develop. The owner of a site within the receiving area may
purchase transferable development rights, allowing a receptor site to be
developed at greater density. TDR allows transfer of developmentaway
from environmentally sensitive areas to areas where development is more
appropriate. This may be particularly useful for protecting sensitive
lands or agricultural lands.
16. Establishment of a Local Park, Recreation or Open Space District - The
City may choose to form its own park, recreation and/or open space
district if the Los Angeles County Park, Beaches and Recreation Act
fails to receive approval from the electorate. The process necessary to
form a local district is similar to that explained for the :Countywide
district. The boundaries of the local park,'. recreation and open space
district .can include. areas outside of thecity limits. . State
legislative sponsorship -as well as approval of the County Supervisors
for. County unincorporated areas is a requirement of the formation
process.
Regional approaches such as the Los Angeles County Park, Beach and
Recreation Act are another way of preserving open space. Joint Powers
Authorities can be formed which involve the cooperation of existing
units of government in order to acquire open space. There are several
examples of such joint powers authorities such as;. the Mountains
Recreation and Conservation Authority, . the Conejo Open Space and
Conservation Authority and several more in the northern California
area. One possible area for the developmentof a joint powers authority
is. the extended preservation, planning and development of recreational
features for the Santa Clara River. This potential joint powers
authority would include the County of Los Angeles, the County of Ventura
and the cities of Santa Clarita, Fillmore, Santa Paula, Oxnard and San
Buenaventura.
Public information and education are also important parts of an overall
open space and acquisition and maintenance strategy. Sponsorship of a
local open space conference is one way of focusing public support and
educating citizens on the importance of open space preservation.
Several civic groups have already undertaken to -support the County's
designation of SFA's. Santa Monica Mountains Conservancy has also
hosted a conference recently on wildlife corridors.
The Parks and Recreation ,and Public Works Departments are also working
together with the Pride Committee to develop a program of environmental
education for use in parks and schools. These types of outreach efforts
and educational programs are critical to the development of a
constituency in the future. The Parks and Recreation Department is also
working to develop a series of tours, educational programs and outdoor
adventure programs to help increase our citizen's awareness of the value
of open space.
City Manager/City Council
Open Space Acquisition
October 15, 1991' -
Page 9
RECOMMENDATIONS
It is recommended that the City Council:
1. Direct staff to begin preparation of a Comprehensive Open Space
Acquisition, Preservation and Maintenance Program.
2. Support the Los Angeles County Park, Beach and Recreation -Act as a
regional resource for open space acquisition and maintenance.
3. Authorize use of the Trust for Public Land to begin negotiating options
for the acquisition of high priority open space within. the' Santa Clarita
Valley.
4. Direct Community -Development and Parks and Recreation 'Departments to
work together to establish a wetlands and. flood plain protection
ordinance, a program of development impact fees .for acquisition of park
land and open space, and special standard zones for hillsides,
ridgelines and riparian areas.
5. Authorize staff to begin work on a local Park and Open Space District
formation process should the LA County Parks, Beaches and. Recreation Act
fail to be enacted.
SCK:gmm
OPEN SPAC
Attachment I - Open Space: Preservation and Acquisition.
Attachment II - Trust For Public Land Background
Attachment III - Financing and Acquisition Options
ATTACHMENT #1
f 6
Open Space:
Preservation and Acquisition
Recommend Referral To. Elected Officials, City Manager, Planning Commis-
sioners, Planning Director and Staff, Parks and Recreation Director -and Staff,
Conservation Commission, Zoning Board, Local Land Trust.
..... .....
Overview of the Challenge
The challenge for
Open space may be as expansive as a wilderness area, or as intimate as a neighbor-
local government
hood park. Open space in the Great Plains might be in the form of a prairie, while ocean
is to develop a
cliffs provide open landscape along the coasts. A community garden in New York City
cohesive program
offers some of the same benefits as a family farm in the Midwest. But the inevitable con-
that places open
flicts over a common resource beset open space as it appears in different forms across the
country.
space
Current open space policies in many ways reflect a dichotomous view toward the
preservation Into
land. We want to retain access to the land in its natural state to reap the benefits; such as
the larger context
clean air and water, scenic beauty, and recreational resources, that open space provides.
of conservation
Many local governments pursue land use policies reflecting this goal. Yet to promote eco-
and development
nomic growth, we often pursue policies that favor land development, covering farms and
goals.
fields with houses, shopping malls, factories, and roads.
. The challenge for local government is to develop a cohesive program that places open
space preservation into the larger context of conservation and development goals. This can
be done by evaluating open space resources, establishing priorities for I protection, devel-
oping a framework of plans and regulations that direct growth to appropriate locations,
and utilizing appropriate tools to protect those lands that have been identified as priorities
..for preservation. Although local government will have the primary role in this process, a
comprehensive program will involve working with other localities, other levels of govern-
ment, community groups and citizens, and with the private and nonprofit sectors.
.. There is a direct relationship between the future of out cities and the future of open
space. Urban planning and growth management techniques must be used to shape growth
into compact patterns and away from areas unsuited for development. -
. No single method will serve as the miracle tool for preserving open space. For public
uses of land, acquisition may be necessary. For larger parcels, and for land in private own-
ership, regulation and management
growth ment techniques will be n=ssaiy to protect open
space. The various types of land and differing development pressures ensure that no one
technique will be universally applicable. This handbook presents a range of projects using
a variety of techniques that should enable a local government to tailor a land preservation
strategy appropriate to its needs.
Value Of Open Space
Scenic beauty, which can be enjoyed by all who live, work, and play in the area, is
the most obvious justification for preserving open space. However, the aesthetic value of
Open space is only one of myriad economic and environmental benefits provided by unde-
velOPed land.
Open space protects water quality in many different ways — providing aquifer
Open space 1
Categories of Open Space
State and local legislation may define open space in a variety of ways, sometimes
even placing minimum acreage on what qualifies as open space. In densely populated
urban areas, however, a small pocket park may be as valuable as 100 acres out in the coun-
try. Some important types of open space are described below.
Farmland is an important economic resource, providing food and fiber for the United
Open Space 2
ATTACHMENT #1
Building Sustainable Communities
PAGE 2 of 6
Overview
recharge areas, reducing urban runoff into surface waters, preventing erosion and sedi-
mentation that typically accompany shoreline development, and filtering out pollutants as
continued
water percolates through the soil. Similarly, preserving open space can protect air quality
by avoiding the air emissions that accompany development. Vegetation can absorb carbon
dioxide (a powerful greenhouse gas) and other pollutants from the air.
Land preservation is tied closely to maintenance of biological diversity. Plant and
animal extinction is caused predominantly by destruction of habitat by human activities.
Each species plays a role in preserving the balance of the ecosystem. Although the full
If a community
health and welfare risks from species extinction remain unknown, for many communities
continues to allow
local plants and wildlife are also an important part of the regional heritage.
Open spare is important for recreational opportunities, including walking, hiking,
unchecked
bicycling, backpacking, horseback riding, cross-country skiing, bird watching, and nature
development
photography. In 1986, a report of the President's Commission on Americans Outdoors
without faking
indicated that nearly 50 percent of Americans consider themselves to be outdoors people,
ft I
action to preserve
and an even greater number, 89 percent, participated in some form of outdoor recreation
open space, there
Health is the primary reason most American adults participate in outdoor recreation, and
[2)
will be 8
ill be ant
the availability of outdoor recreational resources is likely to encourage physical activity.
Protection of sensitive lands may be important to protect public health and safety.
p
Buffer zones around rivers and coasts provide flood control, which may protect against
decline in the
loss of life and property. Land use regulations controlling development -on hillsides and
community's
other erosion -prone areas may reduce the risk of landslides and other natural disasters.
quality of life.
Land is a valuable educational tool. Certain states, such as California, Minnesota,
and Wisconsin, require environmental education as a component of elementary school
curriculum.[31 Outdoor education is an effective way of teaching science and natural his-
tory, as well as nature appreciation. The importance of open space for research and educa-
tion does not end after elementary school. New research on coastal ecosystems, for
example, and on the ability of forests to protect against the greenhouse effect, is carried
out daily. We lose invaluable knowledge when natural systems are destroyed.
Environmental quality and a strong economy are inseparable. Certain sectors of the
economy, such as the fishing and farming industries, wilt become less viable in the
absence of appropriate land protection measures. Open space is often an important attrac-
tion for tourism, especially in coastal states and in rural areas. Service and high-technol-
ogy industries will not choose to locate in areas that employees consider unlivable. In
recent years, cities experiencing the strongest economic growth, such as Seattle, WA, are
those judged to be most livable, a definition that includes environmental quality and open
space. Open space within a city can create a sense of civic pride and community identity.
Instilling this sense of pride may lead to future neighborhood revitalization.
There are also economic benefits to be gained by providing services to a cohesive
urban area. By preserving the open space surrounding a city, thereby limiting urban
sprawl, the provision of urban services is less costly and more cificient
Finally, in rural areas, open space may be integral to protecting cultural heritage.
Small towns across the country face the threat of urbanization and the corresponding loss
of their individual local characters. The working landscape of productive farmland, once a
common sight, is rapidly disappearing across America. Each year 1 million to 2 million
acres of farmland are converted to non-agricultural uses.t4l With it disappears part of
American history.
This summary of benefits provided by open space illustrates what many people real-
ize intuitively: if a community continues to allow unchecked development without taking
action to preserve open space, there will be a permanent decline in the community's qual-
ity of life.
Categories of Open Space
State and local legislation may define open space in a variety of ways, sometimes
even placing minimum acreage on what qualifies as open space. In densely populated
urban areas, however, a small pocket park may be as valuable as 100 acres out in the coun-
try. Some important types of open space are described below.
Farmland is an important economic resource, providing food and fiber for the United
Open Space 2
Building Sustainable Conanunkies
Overview
continued
After establishing
priorities for
protection
through local
planning efforts,
local government
can acquire land
that is to be used
for public purpose
in a pattern
consistent with the
community's
vision. for the
future.
Open Space 4
ATTACHMENT #1
PAGE 3 Of 6
nation is experiencing rapid increases in the number of people participating in outdoor
recreational activities, leads to overuse and subsequent deterioration of existing resources.
ments Can Do
Land Use Planning and Regulation
The first step local governments can take to protect open space is to establish a com-
prehensive set of policies and plans that place open space preservation in the context of
overall conservation and development goals. This can be done through general and spe-
cific plans, as well as through through zoning and land use regulations. While many of the
projects in this handbook present options for open space planning and regulation, a wider
range of land use projects, including those related to transportation and energy use, are
presented in another Global Cities handbook, Land Use: Stewardship and the Planning
Process.
Acquisition
On a regional level, large areas of open space are and will remain in private owner-
ship; however, acquisition maybe an important tool for smaller jurisdictions. After estab-
lishing priorities for protection through local planning efforts, local government can
acquire land that is to be used for public purpose in a pattem consistent with the communi-
ty's vision for the future. Local government can purchase fee simple title to land, which
gives the government full property, ownership, or it can purchase a conservation ease-
ment. An easement is a legal agreement a property owner makes to restrict the type and
amount of development that may take place on his or her properly. This provides open
space protection while retaining land in private ownership and on the tax rolls. In cases
where development pressures are strong, purchasing a conservation easement may be
almost as expensive as a fee simple purchase.
Land or easements can be bought at full market price, or as a bargain sale, in which
the landowner can take as a tax deduction the difference between the market price and the
bargain price. It may also be possible to obtain land or easements as donations from pri-
vate landowners, as a bequest, or in exchange for the tax benefits that the donor receives.
If it is not possible or desirable to immediately acquire a particular parcel of land,
local government can explore temporary or non-binding measures to protect and monitor
development pressures on that parcel. These measures include:
• Leases. Leases provide a temporary land protection measure, usually until
more permanent protection arrangements can be made. The lease gives the
holder exclusive access rights for the term of the lease, This may be useful
for protecting certain fragile on-site resources.
• Management agreements. These agreements specify a plan under which
the property will be managed by the landowner or a land trust. Usually these
agreements are recorded and remain in force until they expire, even if the
land changes hands.
• Registration programs. Establishing a community registry of significant
properties may be useful for monitoring potential development threats to
those properties. A registration program is a non-binding agreement under
which a landowner registers his/her property and agrees not to develop the
property and to notify the local government agency or land trust of any threat
or plans to sell
• Options. Options provide the option holder with the exclusive right to pur-
chase a property under certain terms by a certain date. It does not obligate
purchase.
• Right of first refusal. This is an agreement between landowner and govern-
ment or land trust that gives the holder the right to match any offer made on
the property within a specified period of time after the offer is made. Right of
first refusal does not obligate purchase.
it
BuiMing Sustainabk Communities
Overview
ME
Open Space6
ATTACHMENT #1
PAGE 4 of 6
Endnotes
1. President's Commission on Americans Outdoors, Americans Outdoors- The i egwa. The
allen (Covelo: Island Press, 1987) p.17.
2. Presidenfs Commission on Americans Outdoors, Americans Outdoors- The Legacy. The
Challenge (Covelo: Island Press, 19M P.D.
3. President's Commission on Americans Outdoors, America_ Outdoors- The 1,cpacv. The
Challenge (Covelo: Island Press, 1987) p.95.
4. Samuel N. Stokes, Saving Americas Countryside, A Guide to Rural Conservation,. (Balti-
more: Johns Hopkins University Press, 1989) p. 30.
5. New York Tunes, May 14,1991, p.Cl.
ATTACHMENT #1
PAG EBu7fdQ&fSAaiaable Communities
:k::8t.Sisix.^x<zkx'aYfkX:':xa::xa`?>:>,:•.:a::x,: n:?sr::axg>.
1 40
FACT
By 1954, percent of the nation's wetlands had been
destroyed. The U.S. Environmental Protection Agency esti-
mates that remaining wetlands are being lost at a rate of
458,000 acres per year.ttl For Louisiana, the -decline of wet-
lands has resulted in a loss of $145 million a year in sport and
commercial fish and wildlife resources.121
FACT 2
Ninety percent of all organisms live in the top one inch of soil.
This is a fragile inch that takes centuries to build up and a
moment of carelessness to wash or blow awaytll
FACT 3
Nationwide, more than 1 million acres of cropland go out of
production each year due to loss of topsoil from water em-
FACT 4
The U.S. Soil Conservation Service estimates that more than
60 percent of American rangeland is in poor or fair condition 151
FACT 5
One acre of marsh is capable of absorbing or holding 300,000
gallons of water, thus helping to protect a community against
flooding and drought.161
FACT 6
Coastal floods associated with storm surges surpass even earth-
quakes in loss of life and property damage worldwide.m
FACT 7
The U.S. Army Corps of Engineers reports that of the 134,984
kilometers of American coastline, 24 percent could be classi-
fied as "seriously" eroding.181
FACT 8
Of 380 different biological communities in California, 147 (47
percent) are either naturally rare or threatened by habitat
destmction.191
FACT 9
In 1986, tourism represented the third largest retail activity and
ranked among the top three employers in 40 states.1101 Tourism
is closely linked to outdoor recreation opportunities iul
FACT10
Building sites in the vicinity of park and recreation areas have
=
an enhanced value of 15 to 20 percent. An analysis of property
around Pennypack Park System in Philadelphia showed that
the park accounted for 33 percent of the land value.1121
Open Space 7
2. President's Conunission on Americans outdoors, Americans Outdoors, The Legacy, The Chal-
- lenge {Washington D.C.: Island Press. 1986) p.25.
Il
3. Renew America, Communities at Risk (Washington D.C.: 1989) p.17.
4. Samuel N. Stokes, Spying America's Countryside (Baltimore: Johns Hopkins University Press,
1989) p.25.
5. Conservation Foundation, State of the Env ironment• An Assessment at Mid -Decade (Washington
D.C.: Conservation Foundation, 1984) p.172.
6. Charles Thurow, et al., Performance Controls for Sensitive Lands: A Practical Guide for Local
Administrators, Parts 1 and 2. Planners Advisory Service Report # 3071308 (Chicago: American
Planning Association, 1975) P.M.
7. Lester R. Brown, et al., State of the World 1990.'A Worldwatch Institute Report on Progres
Towards a Sustainable Society (New York: W.W. Norton & Company,1990) p.86.
8. Lester R. Brown, et al., State _f the World 1990• A Worldwauh In time Report on Progres
Towards a Sustainable Society (New York: W.W. Norton & Company, 1990) P.M. -
9. Judith Kunofsky, Policy Before Planning; Solving CalifOmia's Gmwth Problems Sierra Club
California Green State of the State Report (San Francisco* 1991) p.7.
10. John D. Hunt, 'Tourism Development A New Industry Comes of Age" Western Wildlands
(Summer, 1987). _
Il. Task Force on outdoor Recreation Resources and Opportunities, Outdoor Recreation in it
Nation of Communities: Action Plan for Americans Outdoors (Washington, D.C.: July, 1988) p. 47.
12. AmeriianHome BuildersAsspciationReport. 1980. -
.,_f.. ..
r
i
Open Space 8
I
ATTACHMENT # 2
PAGE 1 of 6
TRUST
PUBLIC
LAND
March 13, 1991
Mr. Jeff Kolin
Director of Parks and Recreation
City of Santa.Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA: 91355
Dear Jeff.
It was most interesting to speak with you recently about Santa Clarita's interest in
providing open space recreational opportunities for its citizens along the Santa Clara
river, the ridgelines around the city, and the potential trail linkages along the proposed
oil pipelines. And, if I recall our conversation correctly, today is the day that the plan
for the Santa Clara river will be presented. I am anxious to learn of the city's response
to the plan.
As a vital, growing community, Santa Clarita has the vision and the opportunity to
create these important open space amenities for the present and the future. And, as a
vital and growing environmental organization, the Trust for Public Land may be able to
help Santa Clarita move ahead and realize its dreams with careful planning and
judicious land acquisitions. As examples, I enclose the most recent edition of the Trust's
publication, Land and People, which features two river restoration and protection
projects -- the North Fork of the St. Lucie in Florida (pg. 4), and the Colorado river
near Grand Junction, Colorado (pg. 11). I would like to think that one day in the not -
too -distant future the Santa Clara river might be featured as well.
I'd also like to let you know that the Trust will be actively involved in crafting State
Assembly Bill 350, which may specifically designate funds for urban riparian restoration
projects. As such, I'd like to work to ensure planning and acquisition funds are
dedicated for the Santa Clara river.
MPR .�� 1991.
"scam°A
WESTERN REGION
116 NEW MONTGOMERY
THIRD FLOOR
SAN FRANCISCO
CALIFORNIA 94105
FAX (415) 495:0541
(415) 495.5660
P.mrcd m mnkd wm
ATTACHMENT #2
PAGE 2 of 6
Page Two
Mr. Jeff Kolin
As I'm frequently in the Los Angeles area, I'd be delighted to meet with you again to
discuss what role; if any, the Trust might perform in working with Santa Clarita.
Tentatively, I expect to be in Los Angeles the first and last weeks of April. Please give
me a call and let me know if either of these two times would be convenient. I look
forward to hearing from you soon.
Sincerely,
Scot Parker
Project �Manager
SJP:fda
enc.
ATTACHMENT #2
PAGE 3 of 6
T H E
TRUST
F O R
PUBLIC
LAN D
Fact Sleet Winter 1991
Mission
The Trust for Public Land is a national nonprofit land conservation organization that protects land as a
living resource for present and future generations. A problem -solving organization, TPL helps
communities, public agencies and nonprofit organizations acquire and protect open space. TPL shares
knowledge of nonprofit land acquisition processes and pioneers methods of land conservation and
environmentally sound land use.
Scope
TPL' s experts in real estate, law and finance work in partnership with public agencies, businesses and
citizens' groups to acquire land of environmental, recreational, historic or cultural significance. A
nonmembership organization, TPL's role is to acquire an interest in these lands until they can be sold to
public agencies or nonprofit conservation groups for permanent protection as parks, community gardens,
recreation areas. and open space.
Land Conservation
Since 1972, TPL has protected over a half million acres of land valued at more than $560 million in 38
states and Canada. TPL works with local community groups and with municipal, county, state and federal
agencies, including the National Park Service, Forest Service, Department of Fish and Wildlife and Bureau
of Land Management to protect land for public use.
Land Trusts
TPL has worked with over 200 of the nation's 800 land trusts. These local nonprofit organizations
currently protect more than two million acres nationwide. TPL's National Land Counselor Program offers
in-depth training for land vests in conservation real estate transactions.
Key Projects
Walden Woods, Concord, MassachLsetts (pending)
Columbia Gorge National Scenic Area, Oregon and Washington, 1979-90
East Side Community Gardens, New York, 1979-90
Grand Island Recreation Area, Munising, Michigan, 1990
Great White Heron and National Key Deer Refuges, The Florida Keys, 1976-86
Martin Luther King Historical District, Atlanta, Georgia, 1982
Kilaeua Point National Wildlife Refuge, Kauai, Hawaii, 1988
Roxborough State Park, Central Colorado, 1984•
Sinkyone Wilderness State Park, The Lost Coast, California, 1989
Wheeler Creek, Admiralty Island, Alaska, 1986.90
Founded
1972, San Francisco, California
President
Martin j. Rosen
WESTERN REGION
116 NEW MONTGOMERY
THIRD FLOOR
SAN FRANCISCO
CALIFORNIA 94105
FAX (415) 4954541
(415) 495.5660
Nin ..,, IW'M
(mu)
The Trust for Public Land Offices
National
116 New Montgomery Street
Fourth Floor
San Francisco, CA 94105
(415) 495.4014
(415) 495-4103 FAX
Regional
Mid -Atlantic
666 Broadway
New York, NY 10012
(212)677-7171
(212) 353-2052 FAX
Mid-West/New England
67 Batterymarch
Boston, MA 02110
(617)737-0261
(617) 737-3464 FAX
Northwest
Smith Tower
506 Second Avenue
Suite 1510
Seattle, WA 98104
(206)587-2447
(206) 382-3414 FAX
Southeast
1310 Thomasville Road
Tallahassee, FL 32303
(904)222.9280
(904) 224-5445 FAX
Southwest
Post Office Box 2383
Santa Fe, NM 87504
(505)988-5922
(505) 988.5967 FAX
West
116 New Montgomery Street
Third Floor
San Francisco, CA 94105
(415) 495.5660
(415) 495-0541 FAX
Field
Chesapeake
312 Massachusetts Avenue, NE
Washington, DC 20002
(202) 543-7552
(202) 544.4723 FAX
Mid -West
45 South Seventh Street
Suite 3018
Minneapolis, MN 55402
(612)333-1959
(612) 333.1054 FAX
New England
67 Batterymarch
Boston, MA 02110
(617)737-0261
(212) 737.3464 FAX
New Jersey
55 Maple Avenue
Second Floor
Morristown, NJ 07960
(201)539-9191
(201) 539-2769 FAX
Oregon
1211 SW Sixth Avenue
Portland, OR 97204
(503)228-6620
(503) 228-4529 FAX
For more information, please contact the
Public Affairs Department, (415) 495-4014.
YX
hvQ'JI4"i
o
7 '19
"mJnr
i
'. go
.15v'
tI 4-
A Mitigation
Settlement for the Birds
California
A dozen years ago, the 400 -acre Blue Sky
Ranch, in Poway, San Diego County,
California, didn't look much different from
the pretty country surrounding i't: rolling,
chaparral -covered uplands, a rugged oak -
lined canyon threaded by a wandering
ribbon of creek.
But pretty country has a way of disap-
pearing under houses in San Diego County,
among the fastest-growing counties in the
state. In recognition of this fact, State
Senator William Craven, Citizens to
Preserve Blue Sky Ranch and the City of
Poway approached TPL in the spring of
1988. Could a way be found to save this
green canyon?
Today Blue Sky Ranch is an island in a
sea of development, a spacious retreat in
urban -weary Southern California and, if all
goes as hoped, a brand-new State Wildlands
Reserve.
As.the $2.55 million deal was put to-
gether, it seemed sometimes as though TPL
was one of a cast of thousands, or at least
dozens: nine landowners and four sources of
funding, including San Diego County, the
City of Poway and the California Wildlife
Conservation Board (see sidebar).
A fourth source of money for Blue Sky
Ranch came on the wing, in a way. Across
the county, a golf course was planned on a
piece of land inhabited by the black -tailed
gnatcatcher, a gray, diminutive bird with a
penchant for creek bottoms and dry arroyos.
To meet county requirements that they
mitigate for this habitat loss, the developers
agreed to pay $300,000 toward Blue Sky
Ranch, also prime gnatcatcher territory.
This was the first use of so-called off-site
mitigation funds in the county.
Using the mitigation monies and its own
funds, the county was able to purchase 80
acres of the ranch. The balance was acquired
by the California Department of Fish and
Game. If approved in the Governor's
budget as a State Wildlands Reserve, the
land will host a nature center and an
interpretive naturalist. The City of Poway is
already planning hiking trails in the canyon,
paths of retreat from the encircling city.
-ATTACHMENT #2
PAGE 5 of 6
The Blue Sky Ranch
is prime habitat for
the threatened
California
gnatcatcher.
J.. R Gallagher
S. & Sage Audubon Society
The Wildlife Conservation
Board Is the California state
agency responsible for the ac-
quisition of sensitive habitat
lands for the Department of
Fish and Game.
Through the pioneering efforts
d'm uq of the Board and its dedicated
staff, the WCB has acquired and protected unique and
vital wildlife areas throughout the state, including
wetlands in San Francisco Bay and Sonoma County and
riparian habitat along the Feather, San Joaquin and Sac-
ramento rivers. In the last 1S months, the WCB has
acquired over 35,000 acres of prime wildlife habitat .
throughout California, ranging in size from several
thousand acres In the Sierra Nevada to a single lot In the
Santa Cruz Mountains. TPL is proud to have worked In
partnership with the WCS in such areas as California's
Central Valley wetlands, Hope Valley, and the
Blue Sky Ranch.
5
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F"
ATTACHMENT # 3
PAGE 1 Of 18
JoxES HALL HILL & WHITE,
A PROFESSIONAL LAW CORPORATION
ATTORNEYS AT LAW
CHARLES F. ADAMS
FOUR EMBARCADERO CENTER
HAROLD W. BANK'
NINETEENTH FLOOR
STEPHEN R. CASALEOOIO
SAN FRANCISCO, CA 94111
BRUCE 8. COLEMAN
THOMAS A. DOWNEY
(418) 391.6780
ANDREW C. HALL, JR.
_
KENNETH I. JONES
FACSIMILE
WILLIAM H. MADISON
DAVID J. OSTER
(416) 391-6784
BRIAN D. QUINT
(416) 391-6786
PAUL J. THIMMIO
(4161 986-8306 '
SHARON STANTON WRITE
•AnN ..To Naw Yoe.wren
DISTRICT OF COLUNMA 8AH8 ONLY
ROBERT J. HlI L (1922.19881
OUTLINE OF REMARKS
AT THE
1990 INTERNATIONAL
OPEN SPACE CONFERENCE
PALO ALTO, CALIFORNIA
KENNETH L JONES
FINANCING OPEN SPACE ACQUISITION
AND MAINTENANCE
SEPTEMBER 23, 1990
ATTACHMENT #73
PAGE 2 of 18
FINANCING OPEN SPACE ACQUISITION
AND MAINTENANCE
I. Underlying Assumptions
A. Interested parties are public agencies:
- cities
- counties
- special districts
- authorities.
B. Some form of borrowing or additional revenue production is required; cash
resources are limited.
C. No significant revenues are generated by the open space facility.
II. State Law Borrowing Mechanisms
A. Financing Structures:
* a) Long term lease or installment sale agreements with seller;
* b) Certificates of participation In (a);
***` c) Lease revenue bonds;
**•• d) General obligation bonds;
*`•• e) Mello/Roos bonds;
* f) Marks/Roos bonds;
** g) Special assessment bonds.
B. Revenue Streams:
a) Special taxes - use of proceeds restricted to open space:
**•• t) Ad valorem property tax - general obligation bonds;
Authorizing Procedures
Governing Board approval only
Authorizing Election
• Majority Vote
• 2l3rds vote
•.. Public Hearing, Notice, Benefit Findings.
'*** Referendum Election- Majority Vote.
**•i 2) Parcel property tax - Mello/Roos;
**** 3) Excise tax:
- Utility user
t .-Transient occupancy
- Parcel excise: non -property
- Business license
- Combination
- Miscellaneous.
b) General taxes -part of general fund:
*w**. 1) Excise tax (see (a) (3) above).
* c) Tax Allocation: redevelopment.
* d) Developerfees. Quimby Act.
*** e) Special Assessments.
III. Maintenance
ATTACHMENT j#2
PAGE 3 of 18
LA'j /�0
GLrjr :r;. L �1"J 9 n2'"
G
All revenue streams Identified under 11. S. (except (a) (1) and (c)) may be used for
maintenance.
IV. Federal Tax Considerations
A. The IDB Test.
Interest exempt unless both Private Business Use Test and Security Interest
Test are met.
a) Private Business Use Test.
More than 10% of proceeds used in private business:
- farming
- cattle
- crops.
Authorizing Procedures
Governing Board approval only
Authorizing Election
• MajorityVate
2nrds vote
••• Public Hearing, Notice, Benefit Findings.
•"' Referendum Election- Majority Vote.
-2-
ATTACHMENT #3
PAGE 4 of 18
b) Securily Interest Test.
More than 10% of present value of debt service derived from property
financed.
B. Related Use Test.
No more than 112 of private business use can be "unrelated to
governmental use.
C. Private Loan Test.
D: Arbitracie.
E. Rebate.
V. Specific Applications
A. Santa Rosa - Agricultural maintenance.
B. East Bay Regional Park District - General. obligation bonds.
C. San Diego - Special assessment bonds.
D. Cupertino - Utility users tax.
E. Novato - Parcel excise tax.
F. Tracy - Quimby Act.
VI. Caveats: Proposition 136 and Tax Measures Generally
Authorizing Procedures
Governing Board approval only
Authorizing Election
• Majority Vote
• 213rds vote
"' Public Hearing, Notice, Benefit Findings.
"" Referendum Election -Majority Vote.
MH
CGATTACHMENT "
PAGE 5 of 18
GOVERNMENT AND NONPROFIT OPEN SPACE ACQUISITION
GOVERNMENT OWNERSHIP ENTITY OPTIONS
TECHNIQUES EXPLANATION ADVANTAGES DISADVANTAGES
FEDERAL Acquisition by National Park Ser- Acquisition is at federal level, Acquisitions are limited due to
vice, Forest Service, U.S. Fish and eliminating financial obligation agencies' specific criteria for
Wildlife Service or Bureau of Land for locality. acquisition. Needs congressional
Management authorization.
E, mistoric
3 , ; Envlronmi
NJ: Dep
Protection
CT:`: Dep
-: Protection
eation Statewide bond acts can provide
)pt., ofr.!'significant funding resources for
V, ' +Important open space acquisi--
nental F. tions throughout"�a state. � Pro.
- `.vides-revolving Goan funds to
rental'; ` -'.leverage nonprofit activity,
. Government may ,miss aoqui.
sition opportunities due to.long
:'time -frame:'+- for , acquisition
approvals.
LOCAL - _. Acquisition by county. or munici. Local government can be more Limited local funds and expertise
pality.,._ - - flexible about the type of open limit the number of acquisitions,
space it acquires.
GOVERNMENT AND NONPROFIT OPEN SPACE ACQUISITION
NONPROFIT PURCHASE & OWNERSHIP ENTITY OPTIONS
TECHNIQUES EXPLANATION
NONPROFIT tA ;nonprofit can;...Help to
ACQUISITION/ implement government programs
CONVEYANCE TO . ;
ATTACHMENT ##3
PAGE 6 of 18
GOVERNMENT AND NONPROFIT OPEN SPACE ACQUISITION
TYPE OF OWNERSHIP OPTIONS
TECHNIQUES EXPLANATION ADVANTAGES DISADVANTAGES
FEE SIMPLE Outright purchase =of full..title to ` fawner has full control of land. Acquisition can be costly,
land and all 'rights-: asociated Allows forpermanent protection Removesland-from tax base.
with land.- - and public access. - Ownership responsibility Includes
- . liability and maintenance..
CONSERVATION
EASEMENT/
DEVELOPMENT'
RIGHTS
FEE SIMPLE/`
LEASEBACK
LEASE
A partial Interest in propertytrans-
ferredto an appropriate nonprofit
or governmental entity either by
gift or purchase. As ownership
changes, the land remains sub.
ject to the easement restrictions.
Less expensive for purchasers
than fee simple. Landowner
retains ownership and property
remains on tax rolls, often at a
lower rate because of restricted
use. Easement may, allow for
some development. Potential
Income and estate tax benefits
from donation.
Public access allowed only upon
landowner approval. Easement
must be enforced. Restricted use
may lower resale value.
comprehensive preser- Leaseback would not necessarily
)gram .,of land banking. provide . public access. Land
hrough'_leaseback. Lla- - must be appropriate for lease.
management responsi. back (e.g., agricultural land).
:I(�/IYlI}f1 rASCGR
Short or long-term rental of land. Low cost for - use of land. Lease does not provide equity.
Landownerreceives income and and affords only limited control of
retains control of property. property. Temporary nature of
lease does not assure permanent
protection.
D.vnershilfdif Prevents one owner Thom acting ;Several landownerscen compli-
ferent owners,• wnh '.each`fraansent-•of :.!the ' tate property?-', management
lion alinterest extending'ove: the other(sJ = Issues, •:;especially,payment of
whole parcel.; fzch owner. has = taxes.
equal rights to entire property.:.
5
ATTACHMENT #3
PAGE 7 of 18
GOVERNMENT & NONPROFIT OPEN SPACE ACQUISITION
TRANSFER OF TITLE OPTIONS
TECHNIQUES EXPLANATION ADVANTAGES DISADVANTAGES
i FAIR MARKET Land is sold at a price equivalent Highest sale income (cash Inflow) Can be expensive to acquire.
VALUE SALE to its value at highest and best to seller.
use.
BARGAIN SALE
OUTRIGHT
DONATION
Part donation/part sale -property . Tax benefits to seller since differ-
Is sold at less thanfairmarket once between -:fair market value
value. - and sale price is considered a
charitable contribution. Smaller
>. capital gains tax. -
A donation by landowner of all or
partial interest In property.
Allows for permanent protection
without direct public expendi-
ture. Tax benefits to seller since
property's fair market value is
considered a charitable contribu-
tion.
A receiving agency or donation
must be willing to accept dona.
tion, and capable of
management responsibilities.
OTHER DONATION
:, BY Devise: . Landowner' retains
Management. responsibility for
Date of acquisition is uncertain
ownership until death ",
; �`aoquiring entity; often deferred
a-
with , either. option. ' (By Devise: -.
--
Reserved Life Estate: Landowner
7until donor's -death. '(Reserved
,.
Donor does not. benefit 'from:r
,donates during. lifetime but -has ':;-Lfe
Estate:-., Landowner'. retains
income tax deductions.) •,
lifetime use - - ' -•
.use but receives tax benefits from
= -
.
donation.)
LAND EXCHANGE
Public agencies or nonprofits can
Relatively oost-tree technique if
Property owner must be willing to
exchange developable land for
trade parcel is donated. Reduces
accept exchange. Property must
land with high conservation
capital gains tax for original
be of comparable value. Compli•
value.
owner of protected land.
cated and time-consuming trans-
action.
EMINENT DOMAIN
The -right of the government to
: Provides government with a tool
777
High..acquisition costs. Can -:
(GOVT.) - i
=_ take . private : property for public _�.
to acquire desired , properties if
reghi In speculation. o. target,:_
.purpose upon�payment.of -lust ''other
acquisition techniques are
.: properties.- Potentially. expensive :..
compensation.'< - •
notworkable -
and time-consuminglitigalion.
TAX Government acquires land by tax Urnited government expenditure.
FORECLOSURE payment default.
(GOVT.)
AGENCY Certain government ' agencies Agency, transfer' eliminates the
TRANSFER may have'surplus. prope4!nap- ,t need . for any, expenditureon -
(GOVT.) , propriate for,: their needs which d'parkland acquisition. •" -
could be transferred to aparks
agency for park use.: -
RESTRICTED Government can restrict the Property still sold to highest bid.
AUCTION future use of their sale property to der but restriction lowers price
(NONPROFIT) open space. and competition.
E
Land acquired from tax foreclo-
sure might not be appropriate for
public open space, but can be
sold to provide funds for open
space acquisition. Cumbersome
process.
Surplus property available may
not tie appropriate for park use or
the owning agencymay want to
sell to,a private party togenerate
revenues.
it may be difficult for a nonprofit
to convince government- that a
restriction will serve to benefit the
general public. Purchase price
may still be expensive.
GOVERNMENT & NONPROFIT OPEN SPACE ACQUISITION
NONPROFIT FINANCING OPTIONS
TECHNIQUES EXPLANATION ADVANTAGES
INSTITUTIONAL Conventional loan from bank or Less time-consuming process
LENDER, savings and loan. than fundraising.
INSTALLMENT Alows buyer to pay for property H seller -financed, can lower taxes
SALE over time, for seller. Buyer can negotiate
better sale terms (lower interest
rates).
' FUNDRAISING Through foundations, -.corpora- Fundraising createIspublicityand
' tons and local community. Pro- `: support through community. -
- gram -related investments - -
_ (foundations), non-standard in _
vestments (corporations) or chars -
table rcreditors '(community)can -
provide no- or low-interest loans - -
- for acquisition.
REVOLVING A public or private organization Encourages projects with rev -
FUND/ LOANS OR makes grants to localities or non- enue-generating potential.
GRANTS profits for land acquisition based
on a project's revenue -generating
potential.
ATTACHMENT #3
PAGE 8 of 18
DISADVANTAGES
Long-term financial commitment
for nonprofit. Higher interest
costs than owner financing.
Mortgage lien.
Long-term financial commitment
for nonprofit. Mortgage lien.
Obtalning grants and contrlbu-.
tions is a long, uncertain and
time-consuming process. -
Projects with low revenue -gener-
ating potential have lower priority.
PARTIAL' z A nonprofit can purchase prop- .%Acquisition is financed-.by;resale �- Complex negotiations,. ff lease•
DEVELOPMENT/ -' erry; `,limit -future? development or leaseback. _ Resale at less than -. back, nonprofit'retains_ esponsi
;[ - ".; : ; ,through restrictive covenants, and .: fair; market ;value, (because:,: of -. bilityfor Iand;Fnding a buyer for
SALEBACK OR
resell or lease back part or all of ,restrictions), makes' land; afford- restricted property may be diffi-
?I LEASE "'.: , , property ::.) -„. able for buyer.., Sale can finance cult.
preservation of part of site -
7
ATTACHMENT #3
PAGE 9 of 18
GOVERNMENT & NONPROFIT OPEN SPACE ACQUISITION
GOVERNMENT FINANCING OPTIONS
TECHNIQUES EXPLANATION
GENERAL FUND Appropriation from general state
APPROPRIATION or local government fund,
BOND ACT
-'Borrowing'.,,,-. money .through
- - • .3 `
,
,' issuance a of bonds is common
-way to provide' funds' for?open
space. Usually approved through
`referendum 'on; -_a -:local ;"ror
statewide basis.-,- F
LAND AND WATER .
Federal funds are provided to
CONSERVATION
local governments on a 500.5o
FUND
matching - basis ` for acquisition
- - and development of outdoor
-; recreation areas..
GRANT/LOW grants of
REAL ESTATE Acquisition funds obtained from a
TRANSFER TAX:,: tax on property transfers, which is
--- _ -a -small percentage of purchase
Price. Percentage and .amount
exempted varieswith locality,
v held fora shortperiod of time:-
Tax -:.rate varies,, depending+ion`
- "-holding period,
91
ADVANTAGES DISADVANTAGES
Avoids Interest and debt service
cost.
: Availability, of funds allowsfor
immediate purchase of open
,spacer Distributes cost of acqui-
sition.
Cost of acquisition for local gov-
ernment is lowered by subsidy.
State fundingencourages looali- '
-ties `to preserve:: important open
space by leveraging limited local
'funds. - Donated._ lands' may be
•- used as a match.'::
Unpredictability of budget alloca.
tions. Might not provide
sufficient funds and competes
with other programs.
Requires' approval of general
public.:; Can be. expensive—inter-
est charges are tacked on to cost
of project.
Receipt of funds is dependent on
federal approval. Limited funds
available. Only $2.8 million
awarded to NY/NJ/CT In FY
1988.
Localities must" compete for
limited funds and be able to
match state funds.
Growth creates a substantial fund Discriminates between new and .
for open space -acquisition. - existing residents. Can inflate
Enables local communities to real estate values. Works effec-
generate their own funds for open tively only in growth situations.
space protection, reducing
reliance on scarce state funds.
scourages speculative Bevel Can Inflate real estate values and
ment. Has � a...regulatory and .'slow market.
renue Impact,.:,:"
NEW YORK
Common technique.
NEW JERSEY
Common technique.
CONNECTICUT
Common technique.
Jed '$250 . $30o: million authorized by: 1M. ', Since 1986, State legislature has
of, park Bond Act : Funds will be used for authorized $37 million under the
ty, 09W ; 'matching grants and low-interestRecreation and Natural Heritage
provides loans for open space and farm--. '.::Trust • Program. ..: Some .of this
ie'proteo-:-'land_"t acquisition - by' this state; . -funding, must be matched on a
Ids. ' "-_ localities,: and nonprofits. Mon- ; one -tonne basis;" by;. nonprofits
- mouth; County: 'has' provided . and ":conservation: commissions.
$483 million, through bonds in -. The Town ofWiltonhas. autho-
` the last five years.' ' ' rized a $24 million bond issue.
From 1965 through 1988, NYS
t received $187.8 million. In NYC,
{ 96% of LWCF has been spent on
' park development
A bill has been introduced but not
passed in New YorkStatewhich
would enable localities to impose
a 2%: taxon a. property's pur-
chase price' Revenueswould be
used for. acquiring, administering
and managing open: spaceand
park lands.
From 1965 through" 1988, NJ
received $95.4 million from
LWCF.
is at 2% interest ai
municipalities -� un
High
Various Senate and: Assembly
bills have proposed Increases in
realty transfer fee paid by buyer
to provide funds for open space
acquisition,'' shore protection,
flood control, " park restoration
and dredging. -
From 1965 through 1988, CT
received $50.5 million. DEP will
provide 25% grant for local parks
as supplement to LWCF funds.
CGS 7131d authorizes giants to
towns-forr�aoquiiing, open lands.
Can pay up to 140% of acquisition
ATTACHMENT #3
PAGE 10 of 18
OTHER STATES
Common technique.
A 1988 $776 million bond issue
referendum was approved by
California voters. In .1987, Florida
issued a$200 million bond for
acquisition of oceanfrontand
beachfront lands.
Through 1988, 34,923 state
acquisition and development
projects have been aided with
this fund. 34% of funds have
been for acquisition projects.
In Indiana, state appropriates up
to $5 million in. 50% matching
fundsfor acquisition and man-
agement of naturalareas as pd -
veto contributions %dare. raised.
Similar '::programs In, Delaware
and Alabama
State has considered transfer tax. A 1983 Nantucket, MA land Bank
Program had generated over $6
million by 19W through a 2%
transfer tax. Florida, Mas-
sachusetts, Vermont, Maryland
and Tennessee have successful
programs.
Not iriLse in -
of in use in NJ.`. . ' " Not In use In CT. [
t.'.
An established tax in Vermont on
- land held for 6 years or less. Tax
rates range from 5%l0%.
91
10
ATTACHMENT #3
PAGE 11 of 18
GOVERNMENT
& NONPROFIT OPEN SPACE ACQUISITION
GOVERNMENT FINANCING OPTIONS
TECHNIQUES
EXPLANATION
ADVANTAGES
DISADVANTAGES
PAYMENT IN LIEU
Local government requires
New construction pays for its
Acquisition funds dependent
• OF DEDICATION
developers to pay an impact fee
impact on open space.
development. May be lack.
- - - -
to a municipal trust fund for open
accountability for funds.. Legal
space acquisitions,
of method depends on relatic
ship of open space to new dev
opment.
SPECIAL _
'ASSESSMENT
Special tax district for area bene.""Users•'
finance acquisition and ,', -'i Increases taxes. , �� Timely a.,
• _
fitted. by an open space project:
, management..
costly to Implement
DISTRICT "
TAX RETURN
On state income tax forms, a filer
Convenient and successful
Vulnerable to competition: fro
CHECK OFF
may appropriate a small amount
means of generating sufficient
other worthwhile programs.-:
of taxes owed toward revenues
financial resources.
.
for natural lands acquisitions.
- -
"OTHER FUNDS
Taxes on cigarettes, sales, gasp -With
income .from', fees and
Revenues from taxes can be as
TAXES
liW':and ,- natural resource;,".
licenses for boat, off-road vehicle.';-
ily diverted for other uses unlw
-
exploitation, as -well as revenue
and snowmobile: use, park entry,
_'firmly;' dedicated >.to=.park ar
from: fees and licenses,can'-be••-•and'
hunting, _users pay foc.
recreation purposes. Feescrea'
used toward park acgwstions "�
"' resources they use. - - ;'
pressures for money to be spec
- -
' '
_ on special Interest uses. -
-`
`
f 3
SALE OR
Sale of tax default` property can
Funds for acquisition are
Need to assure that sale pr(
TRANSFER OF TAX
provide a fund for open space
acquired with little cost to tax-
ceeds we specifically allocated I
DEFAULT
acquisition. Also if site meets
Payers•
open spaacquisition. M t
PROPERTY
coterie, d can be transferred to
not r
provide a significant income
appropriateagenryforparkuse.
Very political process.--.- - "
10
NEW YORK
Under NY State law, localities
accept either payment or land,
but requirements vary signifi.
cantly.
management funds from'. special
park district
i-
NY Department of Environmental
Conservation acquires land for
wildlife habitats through checkoff
revenues. In 1987, taxpayers
contributed $5 million to fund.
NEW JERSEY
Midtown Properties, Inc. v. Madi-
son Tp. (1951), Superior Court
found compulsory payments in
lieu of dedication of eland for
school facilities to be a coercive
abuse of police power and a
taking.
Under N.J.SA 40:5&1,. munici-
palities may, Impose - special
assessments .for certain
improvements. -
NJ has non -game and endan-
gered species checkoff fund
which has raised $500,000 annu-
ally for wildlife management and
research.
CONNECTICUT
Under Aunt Hack Ridge Estates,
Inc. v. Planning Comm. of Dan-
bury, payments in lieu of dedica•
tion are not allowed but ruling
does not prohibit payment if
limited to benefit the purchasers
of subdivision's homes.
CGS 12.1071 -precludes the impo-
sition of a special,. assessment
district for Improvements to open
space owned by a nonprofit.
Not in use in CT.
NYC Dept. of Real Property has
transferred . property acquired
from tax foreclosure to NYC
Parks Dept Long Island Regional
Planning Board reviews all tax -
foreclosed properties for envi-
ronmental significance.
Berkeley and Lakewood Town.
ships have used tax default prop-
erties for public parks.
ATTACHMENT #3
PACE 12 of 18
OTHER STATES
CA: Associated Home Builders v.
City of Walnut Creek upheld use
of payment in lieu of dedication if
money is used for acquisitions
serving the subdivision.
Between 1962-1982, number of
special districts In .the U.S.
increased by 57%. Commonly
used inCAdue to Proposition 13
reduction In local property tax
revenue.
Over 30 states use the checkoff
as a source of open space acqui-
sition revenue.
ation are - Florida and Michigan successfully
park boat "use, revenues. from sweranoe
taxeson exploitation of nonre-
newable resources. Many states.
use revenues from cigarette and:.
gasoline taxes, fees and licenses.:
In Westport, the sale of the
Town's surplus property has gen-
erated $1.5 million for the Real
Property Acquisition Fund.
In Oregon, State Law 271.330
allows a public agency to transfer
title of foreclosed land to another
public agency as long as the land
continues to be used for a public
purpose.
11
DEVELOPMENT REGULATORY TECHNIQUES
ZONING/SUBDIVISION PROVISIONS
TECHNIQUES EXPLANATION
LARGE LOT Large minimum -lot sizes restrict
ZONING ` the density of development.
ATTACHMENT #3
PAGE 13 of 18
ADVANTAGES
An established land use control
used as part of a comprehensive
plan. Effective at maintaining low
densities and protecting water
resources, particularly in rural
areas.
DISADVANTAGES
Since zoning is subject a
change, not an effective devia
for permanent preservation. Car
increase real estate values am
infrastructure costs and can fos
ter urban sprawl.
CARRYING Based on the ability of an area to Zoning Is based on an area's Requires a comprehensive enyi
-. CAPACITY ZONING -. accommodate growth and devel- physical capacity to aocommp- ronmental inventory for imple
- - opment within the limits defined date development. Can be mentation. Determining carrying
by existing ; infrastructure and implemented through - cluster capacity can be a difficult pro
natural resource: capabilities. development, cess, subject to differing
Often called Current Planning opinions, quality -of -life assump
Capacity tions and changing technologies.
PRESERVATION At discretion; of municipality,
OVERLAY ZONING overlay zones with development
.. _ .. restrictions can be established to
protect agricultural and natural
areas, scenic views and historic
neighborhoods.
CONSERVATION
DENSITY
SUBDIVISIONS
12
municipal -:
space: Als
open spacc
environmer
Permits developers the option of
building roads to less expensive
specifications In exchange for
permanent restrictions In number
of units built. Roads can be pub-
lic or private.
Special zones .have regulations
specific to thb needs of a unique
area and may be subject to
mandatory clustering, pedor-
manoe standards, special permits
and site plan and architectural
review..
Increases open space and
reduces traffic. Discourages
higher densities to pay for the
higher cost of road building.
Language in special district ordi
nance must be specific enough
to avoid varying Interpretations.
Requires enforcement of ease-
ments. Private roads limit public
access and require homeowner
association maintenance.
ATTACHMENT #3
PAGE 14 of 18
NEW YORK NEW JERSEY CONNECTICUT
Zoning allowed under Section Lot size may be regulated under Chapter 125 of CT -General
263, Town Law; Section 20, City N-J.S-A C.40:55D-55D-65b. Statutes gives communities the
Law; Section 700, Village Law. Grand Land Company v. power to regulate land use by
Township of Bethlehem, NJ (1983) zoning. CT courts have approved
struck down a large -lot ordinance large -lot zoning.
as "arbitrary and exclusionary'
A few - Dutchess County Allowed under N.J.S.A. C.40:55D- . Not commonly used.
communities are beginning to 65d:'. Medford Twp.; NJ, has a
use - performance zoning to performance zoning ordinance..
protect unique natural and
cultural features.
Not used by New York communi- Possible under N.J.S.A. 40:550- Not used by CT communities.
ties. North Salem limits density 28 and 40:55D-62, which require ` Soil classification has been used
on lots containing wetlands, that master : plans[; and.. zoning to regulate density of homes with
steep slopes and/or Inappropri• must take intoaccount natural septic systems In Canturbury and
ate soils. resources and ° '; Infrastructure. Washington.
Implemented in Hillsborough and
West Milford.
GeneralCity Law, Section 37; Under N.J.S.A
Town Law,. Section 281; Village - municipalities
Law,: Section 7.738.'Cluster pro--, tricts -withW_ w
board to
Under General Municipal Law ,Agricultural zoning all
and Special District provisions of, (C.4:IC-1) and flood'
Village and Town Law, some NY der Municipal .1 Land
communities have historic dis• (C.40:SSD-66e). ' C:
trios, view preservation districts -lows` for the design
and natural areas districts. - - regulation ,:of historic
districts.
OTHER STATES
Commonly used.
Use of soil classification to regu-
late installation of septic systems
is a technique used In all three
states. - Bucks County, PA,
adopted. performance zoning in
1973.
Petaluma, CA, and some
counties in Florida have time
growth plans which consider
future strains on physical
capacity.
W:550.39c,
40-55D-65,al-
nation
'- Cluster development permitted
In Concord, MA, an increase in
signate dis-
.�: under,: local =zoning , ordinance;
density. is allowed for oonfor-
-PVDs.; are '
:'originally under: the Connecticut
mance to stringent requirements.
A: C.40:513-,
--'. Planned,,. ,. Unit. - Development
.-zoning is ,.
: -Statute (Ch. 124a). - -
-
�3
i
owed under '
Some coastal `. towns have a
Nantucket, �; MA: special
districts un-"
,'resource protection overlay
"Moorland"; -, District Zone.
`Use:, Law -
�� district �' - -
'-Concord, MA: Watershed Protec-
tion Zone.
.and
`sites: and
• "Village : - Law, Sections' N.J.S.k C.40:55D-42 allows exac- " CGS 8-25 empowers. planning
70728.730, 732; Town Law, -.tions for `-on and s off-site "'.'.commissions to set forth provi-
Sections :276, 277, 278; infrashuctum, but not specificallysions for open space. Upheld in
Municipal':. Law, Section for open: space,"`h. Marlboro and = -Aunt Hack Ridge case.
239; City Law, Sections 32, :- .Colts • Neck- require mandatory -
33,34, `. buffers and bikeways as part of
e ' Requirements for land - +Infrastructure. Trenton requires -
dedication and payments - `open spaceset-aside.
vary::" --
Adopted by the Town of Not in use in NJ.
LaGrange.
In use in the Towns of Sharon
and Sherman.
Commonly used in many states.
CA's Subdivision' Map Act also
requires public access to be pro-
vided to publicly -owned water
bodies.
Commonly used in several Mas-
sachusetts localities.
13
DEVELOPMENT REGULATORY TECHNIQUES
GROWTH CONTROL
TECHNIQUES EXPLANATION
PHASED GROWTH Phased growth permits a limited
amount of growth each year.
MORATORIUM A moratorium. is a legal post-
ponement or delay- imposed
:upon land development.
TRANSFER OF ;, Under an established program,
DEVELOPMENT. an owner of publicly -designated
RIGHTS(TDR) land can sell development rights
to other landowners whose prop-
. 'erty:'can 'support Increased den.
s-ty.
ATTACHMENT #3
PAGE 15 of 18
ADVANTAGES
Phased growth is effective as a
comprehensive planning strat-
egy.
Moratoria are often useful as an
interim measure during the
formulation of a master develop-
ment plan.
Cost of preservation absorbed by
property owner who purchases
development rights.
DEVELOPMENT REGULATORY TECHNIQUES
FINANCIAL INCENTIVES
TECHNIQUES
PREFERENTIAL Un
ASSESSMENT . fore
to
tore
est
EXPLANATION
State laws, agricultural and
iistricts can be established
ass land as farmland or
tnd rather than at its high -
t best use.
LAND
CONSERVATION
GRANTS
14
State programs pay or otherwise
enable landowners to preserve
land, enhance wildlife and pro-
vide public access.
ADVANTAGES
Promotes resource conservation
and management. - Especially
benefits landowners in areas with
development pressure. Tax base
loss can be partially reclaimed
through penalty ,tax on
landowners.':'. who terminate
enrollment. -
,can derive"income.- from 'selling
-development rights and continue
to, own' land..- Lower property
value shouldreduce--property
taxes.`
Landowners derive revenues from
preserving land without selling
Interests in land.
DISADVANTAGES
Under phased growth, there must
be an equitable system to
approve development. Future
development pressures may be :
difficult to predict
A moratorium provides only C,
temporary solution and can - "
create a rush on land::
development prior to its taking:;{'d
effect. -reg
Difficult to implement. Preserva-
tion and receiving areas must be
Identified.
DISADVANTAGES
Voluntary participation. Does not
provide long-term ,protection.
-
Minimum acreage for - entry.
Strength of program depends on
penalty from withdrawals. Local
government, bears- burden of
reduced tax base.
Acquisition of development rights
can be costly, particularly in a
community with high Teal estate '
values.
Preservation of land or provision
of public access requires public
expenditures.
NEW YORK
In 1969, Ramapo, NY, adopted a
development. timing ordinance
based on availability of public
services.
Commonly. used, Including East
Hampton.. Southampton - an
municipalities in Westchester
County; -
NEW JERSEY
Phased growth is neither specifi-
cally permitted nor prohibited.
CONNECTICUT
Not In use in Connecticut.
Municipalities may not impose Some towns have imposed'mora-
d moratoria, but may adopt interim - toria on certain ;types of devel-
- zoning (N.J.S.A -:: C.40:550.90). - l ;opment CT allows moratoria on
i' The State imposed a' - 3 -year •'. new permits pending .adoption of
moratorium In the Pinelands.. new zoning regulations. - -.
Chapter 40 of the Laws of 1989
authorizes municipalities to use
transfer of development rights to
protect lands and sites of special
historic, cultural, aesthetic or
economic value.
No statewide enabling legislation
for . TDR's. ..Although the
Pinelands TDR program has been
upheld, an East Windsor
ordinance was struck down by
the Superior Court. Chapter 86 of
the Laws of 1989 authorizes a
TDR demonstration program in
Burlington County.
Public Act 87-490 enables locali.
ties to use transferof develop.
ment rights. Hasnot yet been
used.
NEW YORK NEW JERSEY CONNECTICUT
New York Agricultural -Mar- N.J.S.A, C.4:1 C-1. Under the 'Since .;:1%3,':CGS' 12.63, -"The
kets .law provides. for State Farmland Assessment. Pro- Open,rSpace, Act"'•has allowed
establishment of agricul. ',gram, owners of: active'agricul• iassessment ot:farmland, ;forest
turaldistricts. tural -land are � eligible: .,for, ; land and open space at its use
Real Property Tax Law pro. • preferential assessment- In1986, ._' value. Eligibility is determined by
vides tax incentives for NJ Supreme Court -,upheld Planning Commission or DER.
owners of productive forest concept of lowered assessments - -
land. - on land restricted by conservation
easements.
Various bills have been proposed State' program inaugurated: in, Public'Act 86135 - -allows -State
in New Yorklegislature to create -:1983! By Wiinter,'19W, 5 counties Dept. of ; Ag.--, to -.co-purchase
a ,state' fund -:to-,finance Aocal had purchased' agricultural ease- 'development fights with Town:`. In
acquisition offarmland develop- mens over 1,400, acres. State - - 1987, 11,500 acres were enrolled
mentrights. Suffolk ;'County will pay up to. 80% of purchase in. PDR program. Eastonandcreated PDR program in 1974. price. .Goshen were first two towns to
have PDR ordinance.
Under Agricultural Retention and
Development Act, farmers
accepting grants must agree not
to develop their land for eight
years.
NJ Open Lands Management Act
provides funds to develop recre-
ation facilities, to fix damaged
facilities, and to underwrite lia-
bility insurance. By 1988, 17
owners had opened 2,200 acres
to the public at an average cost
of $14 per acre per year.
CT manages hunting rights in
exchange for public access.
ATTACHMENT #3
PAGE 16 of 18
OTHER STATES
Amherst, MA recently enacted a
point system for rating new
development that limits new units
to 250 every 2 years.
Commonly used.
At least 15 states have communi-
ties with TDR programs. Mont-
gomery Co., MD, Initiated a pro-
gram in 1981 which has
protected 11,700 acres.
OTHER STATES
At least 16 states have preferen-
tial assessment programs. In use
since 1965; the CA Williamson
Act, which allows assessment of
open land at Its use value, has
protected 15 million acres.
Many states' have. enacted PDR
programs (WA, NC, CA, MA).
Under 19W Farm Bili, the Federal
Department of Agriculture pays
farmers to preserve wetlands and
stream corridors. Also,
authorizes debt for conservation
land swamp. MI, NE. and NC
have program which pays
landowner for public access and
habitat enhancement.
15
ATTACHMENT #3
PAGE 17 of 18
DEVELOPMENT REGULATORY TECHNIQUES
ENVIRONMENTAL REVIEW
TECHNIQUES EXPLANATION ADVANTAGES DISADVANTAGES
FEDERAL/STATE
REVIEW
CRITICAL
ENVIRONMENTAL
AREA
DESIGNATION
(CEA)
LOCAL
ENVIRONMENTAL
ORDINANCES
W
Through legislation, government
agencies can require public Envi-
ronmental Impact Statements
(EIS) and mitigation measures to
reduce impacts of specific devel-
opments or can restrict develop-
ment through permit review.
Any development proposed in a
state or locally -designated CEA
requires ' an environmental
assessment or EIS. -
Often, under mandate of federal
or state legislation, localities must
regulate development in sensitive
areas. Includes floodplain, wet-
land, watershed and tree removal
ordinances.
Commission members are.
appointed to oversee the com-
munity's natural .. resources and
adviser.: the', planning'. board t on
development applications.
Encourages preservation of sig-
nificant natural areas and allows
for objectivity and creative solu-
tions to development conflicts.
An effective tool for preventing or
mitigating theimpact of devel-
opment • on sensitive natural
areas.
Development in protection areas
requires permit. Permit issued
only if proposed development is
within ordinance guidelines.
The Commission can advise the
planning board on ways of miti-
gating development's impact on
natural resources."
Environmental impact review can
be a time-consuming and com-
plicated process which can stall
development, adding to project
costs.
Does not.. assure preservation'
since determination of environ.'
mental impact is discretionary.;,.
Ordinances do not always pro-
hibit development (e.g., in flood-
plains). Regulatory guidelines
are often broad enough to allow
subjectivity in permit application
approval.
Usually advisory capacity only. -
Strength of board depends; on
ability of volunteer members and
influence?on governing`. body.
Technical - expertise sometimes
lacking.
r
NEW YORK
• State Environmental Oual-
ity, Review Act.
• NY Tidal 8 Freshwater
Wetlands Acts.
• Coastal Erosion Zone Man-
agement Act.
• .Authorized under State
Environmental Quality
Review (Sec. 6.1, 7.40)). ,
• ;
In. Southampton and East. `
Hampton, all critical._
recharge -areas are
'declared CEAs. -
State Tidal and Freshwater
Wetlands Act administered by
DEC enables localities to adopt
wetland ordinances.
NEW JERSEY
1973 Executive Order (#53)
requires EIS for many State -
funded projects. EIS require-
ments are often written into local
ordinances (N.J.S.A. C.40:55d-38
and 41). Under Coastal
Resource Development policies,
the State reviews coastal devel-
opments.
No enabling;' legislation for
municipal I designation of CFAs,
but the State has effectively done
so in the Meadowlands, Pine -
lands, and coastal areas.. DNR
Canal Commission has regulat-
ing powers.
DEP. standards for water and air
pollution may be used by
municipalities in justifying devel.
opment regulation through
zoning (inferred from the MLUL,
C.40:55D36). Freshwater Wet-
lands Act (PL 156) encourages
municipalities to adopt conform -
Ing ordinances.
FAuthorized ,under, Article ,12F, Localities ,are permitted to .-
General'; Municipal Law: 234-y... appoint Environmental : Commis -
Many -NY': communities have „, sionsunder. N.J.S.AC.40:55-1.9.
councils or boards. --
CONNECTICUT
CEPA requires EIS for all State
actions. Connecticut Coastal
Area Management Act (Public Act
79-525) requires municipalities to
evaluate development impacts in
designated coastal areas.
Coastal areas receive special
review under Public Act 79-535.
Guided by Ch. 440 of Connecti-
cut General Statutes, Connecticut
towns regulate their wetlands
through municipal inland wetland
agencies or commissions.
CGS 7.131a allows establishment
of conservation commissions for
conducting resource inventories
and acquiring lands. Commis-
sions often in conjunction with
wetland agencies.
ATTACHMENT #3
PAGE 18 of 18
OTHER STATES
Al federal actions or federally.
funded projects require EIS under
National Environmental Policy
Act. Vermont's Act 250 is a state
development permitting process.
Florida's 1972 Environmental
Land and Water Management Act
authorizes Governor to establish
critical areas,. 1984. Chesapeake
Bay Critical Area Protection -Law
protects 1,000 ft. buffer in MD.
Commonly used.. National Flood
Insurance Program requires local
floodplain ordinances.
MA local conservation commis-
sions implement. State Wetland
Act (issues permits; enforces
regulations and conducts open
space plans).>f - _
17