Articles | Case Studies | Concept Tour

In the last column, we gave you an overview of the Countryside Program Resource Manual, which was developed to help communities implement Conservation Development concepts. One of the important parts of the Manual is a model regulation for Residential Conservation Development Subdivisions.

The Model Regulation was a response to the many requests we received for language that communities and counties could use as a starting point in developing zoning codes and subdivision regulations to incorporate Conservation Development. While models had been developed in other states, very little had been done in Ohio to establish a thorough approach that was compatible with the Ohio Revised Code.

The model regulation was a product of a yearlong effort with extensive input from township officials, county officials, technical experts, developers, and subdivision designers. It was prepared by the Countryside Program, with assistance from D.B. Hartt, Inc., planners, of Cleveland, and Alan Weinstein, attorney at law, of Cleveland State University.

The model is set up to provide a basis for zoning codes for townships, cities or village; a model for subdivision regulations is also included. The overriding principles of the model provide:

1) that a significant percentage of the land is set aside as open space, in exchange for a reduction in the spacing requirements between units.

2) The resulting project can be “density neutral” with density equal to what would be permitted under conventional development, or the community may allow a density bonus.

3) The resulting flexibility allows for higher quality site design, with accommodation for resource protection measures through use and layout of the open space.

The model regulation has several unique characteristics that carry through the Countryside Program’s philosophy about balancing conservation and development in subdivisions. The model:

• Emphasizes negotiation between developer and community, through use of a Planned Unit Development format
• Encourages the community to set priorities for later open space conservation in individual projects
• Uses the PUD format to focus review and approval at the local level
• Sets up Conservation Development as a permitted use, to ..encourage its use by developers instead of standard development
• Uses a formula to calculate permitted density, avoiding the yield plan, which is a disincentive to implementing Conservation Development
• Sets objective standards for high quality open space design
• Sets objective design criteria for conservation in the required open space
• Sets unit spacing requirements instead of lot sizes

Of course, the model is intended as a starting point. The text is fully explained with detailed notes for decision makers outlining choices to be made by the community. We encourage those drafting the regulation to understand the options at each decision point, and to make adaptations that will suit the special characteristics of their communities. The Countryside Program can provide technical assistance to help in this process.

To obtain a copy of the model regulation and the Countryside Program Resource Manual, which contains it, contact your local Soil and Water conservation District, or the Countryside Program.