Articles | Case Studies | Concept Tour

In this column, we have explored many different aspects of conservation development over the years. The most significant characteristic of a conservation development subdivision is the presence of a large block of open space, over 40%, which is designed and managed to protect resources on the development site. In our region, we now have well over two dozen of these conservation development projects with large open spaces in place. At this point, many communities and homeowners’ associations are asking for more information about the management of open space, and how quality
management practices can be ensured into perpetuity. There are several areas where these issues must be addressed:

Planning
The initial layout of the project open space must be based on an evaluation of site resources (natural, agricultural, cultural and scenic) and identification of priorities for conservation that take into consideration the long-term viability of the resource. For example, a species of tree that is highly sensitive to changes in light and drainage levels may be a lower priority for conservation than one that could withstand the inevitable rigors of nearby construction. On the other hand, that sensitive species could do quite well if planning involved a large surrounding buffer area that allowed light and drainage patterns to remain the same. Riparian areas and wetlands in particular should receive adequate setbacks in the planning stage. Such careful considerations during planning can greatly reduce the maintenance efforts needed at a later stage in the development.

Detailed Design
Once the overall plan for the site is worked out, detailed plans for supplemental planting species, grading controls, protection of vegetation and riparian areas during construction, and related issues should be designed and implemented with the conservation purpose in mind. Once again, good design decisions will minimize maintenance and management efforts later on.

Maintenance
Once construction is complete, a management plan, whether formal or informal, should be implemented to ensure that the resources continue to be protected. Specific issues such as prevention and removal of undesirable weeds and invasive species, management of hydrology in wetland areas, mowing schedules in natural meadow areas, maintenance of erosion control facilities, and monitoring of wetland and riparian setbacks, will be ongoing. Homeowners’ association leaders will need ongoing education in the importance and management of these issues.

Legal
While there are many different options available for the ownership of and responsibility for the open space, most often these fall to a homeowners’ association. The original deed restrictions and bylaws should be set up to provide a strong association structure that fully involves all homeowners and has the authority to enforce maintenance and management concerns, including the leveraging of funds necessary for long-term upkeep of the open space. It has been suggested that deed restrictions should also provide the local community with the authority to remedy problem situations should they arise and not be addressed adequately by the association.

Regulatory
The zoning and subdivision regulations authorizing the development should have basic provisions requiring a strong homeowners’ association structure and adequate long-term maintenance. The authority of townships, counties and municipalities in this area have some differences, and the zoning code should be properly set up to provide basic protections available under the law.

One of the Countryside Program’s goals for the next year is to commission a legal study that will address specific issues and remedies related to the management of common open space. It is also critical that we work on solutions for long-term, ongoing education for homeowners’ association leadership in maintenance and management issues. There is much our Soil and Water Conservation Districts, Park Districts, Land Trusts, and related organizations can do.

On June 18, 2004, the Smart Growth Education Foundation (a project of the regional Homebuilders’ Associations), in partnership with the Countryside Program, and design, legal and conservation professionals, will present a program on the planning, design and management of common open space in subdivisions. For more information, contact Kirby Date, coordinator of the Countryside Program, at 216-295-0511 or k.date@csuohio.edu.