Tools and Strategies--Preserving Open Space: A Guide for New England

76 Pages·1992·4.6 MB·English

by  Marx, Stacey

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PRESERVING OPEN SPACE:
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A GUIDE FOR ENGLAND
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the Rivers, Trails Conservation Programs of the National Park Service
U.S. Department of the Interior
National Park Service

Tools and Strategies
PRESERVING OPEN SPACE:
NEW
A GUIDE FOR ENGLAND
StaceyS. Marx
March 1992
Ajoint projectoftheTaubman CenterforState and Local Government,
John F. KennedySchool ofGovernmentat HarvardUniversity
and the
Rivers, Trails and Conservation Programsofthe National ParkService

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Mill. Whitinsville
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This project was jointly undertaken ofmanyofthe New England States.
through a Cooperative Agreement by the
A battery ofpeople also contributed their
Taubman Center for State and Local Govern-
skills as editors and reviewers. A panel oi
ment, John F. Kennedy School of Govern-
state practitioners (see page iii) checked over
ment at Harvard University and the Rivers,
the manuscript, measuring its contents
Trails and Conservation Programs of the
against their knowledge and experience. In
National Park Service. The guidebook is part
addition, this guide benefited greatly from
of the National Park Service's effort to help
the critical eye of Dr. Arnold Howitt, the
practitioners, citizens, and local policy-mak-
Taubman Center's Associate Director. Finally,
ers protect and conserve this country's natur-
Linda Marx acted as copy editor, ferreting
al resources.
outerrors that eluded otherreviewers.
The research owes an intellectual debt to The Taubman Center for
the Trust for Public Land, the Regional Plan State and Local Government
Association, and Professor Philip B. Herr of
The Taubman Center serves as the focal
M.LT; their work on land conservation prac-
point for Kennedy School research on and
tices created the foundation from which this
relationships with state and local govern-
report could build. In addition, the National
ments. The Center's agenda includes educa-
Trust for Historic Preservation, Northeast
tion, land use, transportation, infrastructure,
Regional Office, generously shared draft
economic and community development, and
material collected for Project PREPARE, a
housing, along with broad questions of lead-
project which focused on historic preserva-
ership, public management, intergovernmen-
tion and land conservation in the Northeast.
All these resources were invaluable in tal relations, public-private partnerships, and
public finance. With the Ford Foundation,
preparingthis document.
the Center sponsors Innovations in State and
The findings and conclusions of this Local Government, a research and awards
report represent the personal views of the program.
author, and should not be regarded as the
The National Park Service
official position of either Harvard University
With holdings of over 80 million acres,
orthe National Park Service.
the National Park Service (NPS) is the fore-
Project Staff
most park agency in the country. In the New
Stacey S. Marx was Project Director for England (North Atlantic) Region, this
the Taubman Center; Christopher Soller, includes numerous historic sites and natural
Outdoor Recreation Planner, oversaw the areas ranging from Acadia National Park in
project for the National Park Service. Maine to Cape Cod National Seashore in
Research design and early data collection Massachusetts to the Appalachian National
was accomplished under the guidance of Scenic Trail, from St. Gaudens National His-
Renee Robin, Esq. As Research Associates, toric Site in New Hampshire to the Frederick
Patricia Lang and Bruce Stedman provided Law Olmstead National Historic Site in
detailed information and thoughtful analyses Massachusetts. But the Park Service does
^
more than manage parks. Through its Rivers, lohn Del Vecchio
Trails and Conservation Programs, the Program Manager
National Park Service is responsible for Office ofComprehensive Land Use Planning
developing national policies and programs Department ofEconomic andCommunity
concerning the conservation of the nation's Development
river and trail resources. The Service also Maine
helps local organizations create conservation
ArnoldM. Howitt
plans for the development and protection of
Associate Director
regional greenvuays and park resources out-
Taubman CenterforState and Local Govern-
side ofthe national parks.
ment
Reviewers
Harvard University
William Abbott
Stephen Johnson
Executive Director
Directorof Land Policy
Land Conservation Investment Program
Executive Office ofEnvironmental Affairs
New Hampshire
Massachusetts
Alan Altshuler
Derwent Riding
J.
Director
Principal Planner
Taubman Center forState and Local Govern-
Office ofMunicipal Affairs
ment
Rhode Island
Harvard University
Renee R. Robin, Esq.
ludy Benedict
BakerandMacKenzie
Chief, Division of Planningand Develop-
California
ment
Department of Environmental Management lames Rollins
Rhode Island Principal Planner
Office ofState Planning
James Bernard
New Hampshire
Director
Natural Resources Policy Division Mark Siegenthaler
State PlanningOffice Land Use PolicyAnalyst
Maine Municipal Division
Executive Office ofCommunitiesand Devel-
lonathan Besse
opment
PlanningCoordinator
Massachusetts
DepartmentofHousingand Community
Affairs ChristopherSoller
AgencyofDevelopment and Community Outdoor Recreation Planner
Affairs National ParkService
Vermont Washington, DC
Richard Couch Anthony R. Sullivan
Director Planning Specialist
Planningand Development Division Office ofPolicyandManagement
Department ofEnvironmental Protection Connecticut
Connecticut
LE OF Contents
Aboutthe Project iv
Table ofContents vi
Introduction
1
HowCan We Save Open Space?
1
Howto Use this Guide 1
State Profiles 2
Connecticut 2
Maine 2
Massachusetts 2
NewHampshire 3
Rhode Island 3
Vermont 3
Inventory ofOpen Space Preservation Tools 4
Regulatory Tools
Zoningand Subdivision Regulations 4
Large LotZoning 4
PerformanceStandards 4
Carrying CapacityZoning 6
ClusterZoning/PUD 6
DensityBonuses 8
Special Districts/Overlays 8
SitePlan Review JO
Conservation DensitySubdivisions JO
Curb Cuts 12
SetbacksandBuffers J2
ViewshedProtection J4
State Overrides ofLocalZoning J4
Growth Management Regulations 16
Service Limits 16
Adequate FacilityRules 16
PhasedGrowth J8
Moratorium 18
TransferofDevelopment Rights (TDR) 18
Environmental Regulations 20
LocalEnvironmental Ordinances 20
Critical EnvironmentalAreas (CEAs) 20
Conservation Commissions 22
State/Regional Review 22
CoastalZoneManagement 24
^
Exactions andSpecial Taxes 24
Dedications 24
Impact Fees 26
Current Use Valuation 26
SpecialAssessmentDistricts 28
Acquisition
Government FundingMechanisms 28
BondIssue 28
General FundAppropriation 30
Real Estate TransferTax 30
LandGains Tax 32
Tax Return Check-offs 32
DedicatedFeesand Taxes 32
ProgramsThat Provide Funding forAcquisition 34
State Grants 34
PurchaseofDevelopment Rights (PDR) Programs 36
Landand WaterConservation Fund 36
LandBanks 38
Loans 38
TransactionTypes 40
Outright Donation 40
Bargain Sale 40
FairMarket Value (FeeSimple) 40
Installment Sale 40
Land Exchange 42
EasementAcquisition 42
Partial Development (LimitedDevelopment) 44
Purchase with Intention forResaleorLeaseback 44
UndividedInterest 44
(Government Only)
Agency Transfer 44
Eminent Domain 44
Tax Foreclosure 46
SaleorTransferofTax Default Property 46
Ownership and Management 46
Government Ownership andManagement 46
IntergovernmentalPartnership 48
Public-PrivatePartnership 48
PrivateOwnership andManagement 48
Case Studies 50
Battle Road Farm: Open Space and Housing 50
Chittenden Greenways Project 53
Keeping New Hampshire, New Hampshire: A Public-Private Partnership 56
forOpen Space Conservation
Intergovernmental Partnership: The Blackstone RiverValley National Heritage Corridor...60
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