If you own land and would like to conserve it but need to receive some income, too, limited development or conservation subdivision may offer you the opportunity to do both. Both of these techniques attempt to strike a balance between the desire to preserve open space and the need to address financial and family goals.
Generally speaking, limited development and conservation subdivision plans develop a part of a property and leave the rest as permanently protected open space. The landowner can benefit from the income of developing the land while ensuring that a portion of the land remains open.
There are different approaches to limited development and conservation subdivision, and such plans often involve a combination of conservation techniques. The process can be complicated and requires in-depth knowledge of local zoning and subdivision ordinances. There are planners who specialize in such projects; you can find them at larger conservation organizations like Natural Lands Trust and in private practices.
The information and examples that follow are presented for illustrative purposes only. Please remember that Natural Lands Trust does not offer legal or financial counsel. You should contact your personal advisors before undertaking any conservation project.
Limited Development
Simply put, limited development means subdividing off fewer lots for housing than local zoning codes would permit. This allows the landowner to realize the financial gain of developing some of the land while protecting most of it. In fact, the landowner may be able to sell the resulting home lots for a higher price than if he or she had built at the maximum number of units permitted by local zoning.
Example:Under local codes, a landowner with 40 acres zoned for 2-acre lots could subdivide the property into about 16 lots. (The actual number will be less than 20 because some land must be set aside for roads and other improvements.) As an alternative, he might be able to get almost as much return on his investment by selling two twenty-acre tracts. The new owners might then be convinced to place conservation easements on their properties. In the end, the land may not be completely preserved, but critical environmental features can be protected and development and its related impact minimized.
Conservation Subdivision
A conservation subdivision, on the other hand, is development with the maximum permitted number of dwellings, but on smaller lots, thus dedicating a portion of the property as permanently protected open space. However, to develop a conservation subdivision, the local municipality must have zoning in place that permits it.
Natural Lands Trust has particular expertise in conservation subdivision planning and is working with the Commonwealth of Pennsylvania to promote this type of zoning through a program called "Growing Greener: Conservation By Design." We would be happy to speak to your township officials about the program and the benefits of allowing for conservation subdivisions.
Example:The landowner with 40 acres zoned for 2-acre lots could subdivide the property into 16 lots (after allowing for roads and other improvements). But, instead of each lot being 2 acres, they are 1-acre each, leaving 50% or more of the tract in common open space. This open space, which adds to the attractiveness of the subdivision, is protected by a conservation easement or donated to a conservation organization, township or homeowners’ association. Thus, the landowner receives full return from the development as well as satisfaction that much of the land has been preserved.
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