Conservation subdivision law considered; Lumberland law would make them mandatory

Posted 9/30/09

Most of the attention to the proposed new zoning code for the Town of Lumberland so far has gone to Article 10, which would ban some high-impact industrial uses in the town such as gas drilling. But …

This item is available in full to subscribers.

Please log in to continue

Log in

Conservation subdivision law considered; Lumberland law would make them mandatory

Posted

Most of the attention to the proposed new zoning code for the Town of Lumberland so far has gone to Article 10, which would ban some high-impact industrial uses in the town such as gas drilling. But there is another element of the law that will also represent a significant change: the adoption of mandatory conservation subdivisions in some areas.

According to the proposed zoning, which is posted on the town website at www.townoflumberland.org, subdivisions of five lots or more will require that half of the land in the subdivision be set aside as open space in the Rural Residential and Mongaup River Valley districts. Of that amount, not more than 50% can be wetlands, steep slopes, water bodies or other unusable areas. According to the zoning map, these two districts represent about 30% of the land in the town.

While mandatory conservation subdivision laws exist in many communities in the country, if adopted, this is believed to be the first such zoning law in Sullivan County. The River Reporter asked three local planners their opinions of conservation subdivisions, and their answers follow.

Planning consultant Tom Shepstone wrote, “Conservation subdivisions are a great idea but don’t work everywhere and aren’t suited for every property. That’s why I oppose mandating them, especially for very small projects. You can be sure any town that does this will quickly be looking for a way around the provision because they’ll learn you cannot write a rule for every situation when it comes to subdivisions. It’s essentially planning by the textbook, not real world planning. Flexibility is essential.”

Planning consultant Alan Sorensen wrote, “The devil is in the details.” He posed a number of questions, such as: “Can the ‘open space’ be contained within a residential lot or does it have to be part of a separate ‘open space’ parcel which is held in common by a homeowners association or land trust? The latter would likely provide the best opportunity for meaningful open space that preserves wildlife habitat and perhaps provide opportunities for recreation.” In this case, the open space will either be owned by a homeowners association or by “a private conservation organization acceptable to the town.” Sorensen added, “I suspect there will be an increase in four-lot subdivisions, which would avoid the 50% open space requirement.”

Luiz Aragon, Sullivan County Commissioner of Planning and Environmental Management, whose office served as a consultant on the proposed zoning update, answered with a lengthy email. It said among other things, “While Lumberland has an abundance of open space, the predominance of the land is in private ownership. A whittling away of this open space through conventional subdivision, even into large lots, would result in a suburban-style community not in keeping with the parameters set forth in the town’s Comprehensive Plan. All communities were once an abundance of open space, including cities and suburbs. Once rural areas have become monotonous

suburbs resulting in the degradation of qualities Lumberland seeks to preserve. Even in the case of large lot subdivision, the open space is still not protected, and can result in a suburban feel.

“Conservation subdivision allows the same number of units as conventional subdivision, and offers density bonuses when a project meets higher design criteria or offers increased community benefits. The resulting development pattern is the predominant change that would be a result of conservation subdivision. The concept of conservation subdivision arose out of a desire to preserve farmland and other important land features and evolved into a method of serving ecological roles as well. It is a development strategy strongly connected to preservation of rural areas. Conservation subdivision is currently a part of the town’s zoning law, and the planning board currently has the right to require a conservation subdivision from a developer proposing to subdivide property.”

Comments

No comments on this item Please log in to comment by clicking here