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Apolacon Twp..
Bridgewater Twp.
Choconut Twp.
Forest Lake Twp.
Franklin Twp.
Jessup Twp.
Liberty Twp.
Middletown Twp.
Rush Twp.
Silver Lake Twp
Friendsville
Little Meadows
Montrose

PROCESS FOR DERIVING CONSERVATION AREAS FOR LAND USE PROTECTION

Developing a set of zoning ordinances that will protect the rural qualities of the region requires a process that will identify where it makes sense to develop, and what kind of density such development should be built at. Such a process is outlined below using Randall Arendt’s method of conservation design and is the process that this report has, in part, set up for the NTC with inventory set forth in the earlier part of the report.

The initial stages in conservation land planning require identifying threats and then prioritization of ‘significant’ areas. Prioritizing should begin by designating areas of conservation significance into primary and secondary categories. Primary areas are determined based on three sub-categories: steep slopes, floodplains and wetlands (Arendt, 1999) (Figure 2.27). Such a prioritization should also rely on local knowledge. Secondary Conservation (Figure 2.28 & 3.24) zones take into consideration soils, wildlife habitat, woodlands, farmland, historic and cultural features, views and aquifer recharge areas. Historic and cultural features are another secondary conservation item (Figure 3.25). These can be determined by the use of various register, the local historical society or through surveying and interviewing members of the community as was done for this report. Secondary areas should be categorized based on an understanding of what is more special, unique, irreplaceable, environmentally valuable, historic, scenic, and so on, compared with other similar features or compared to different kinds of resources altogether (Arendt, 1999, p. 63).

This concept for designating conservation areas has been done for the NTC above in Sections II and III. Now, community stakeholders should be involved in a process to identify a final set of areas that would require special attention and protection. Taking this process one step further involves using it to locate areas for agricultural and rural resource protection zoning, and zoning for other specific uses such as landfills and high density development.

AGRICULTURAL, RURAL RESOURCE AND CONSERVATION ZONING

Zoning and other land use ordinances are powerful legal tools for conserving farmland and maintaining the rural character and natural resources in an area. Zoning is simply designed as a way for the broader community to decide the type of uses and character of their landscape, and the types of new development that they prefer. In the NTC area the land uses are predominantly very low density residential development, a few concentrated areas of commercial development along the Rt. 706 corridor and hamlets and crossroads in the region, and farming, timber harvesting and quarrying. Most of the land in the county is in forest, or agricultural use, and therefore zoning that reflects and protects these land uses is crucial to protecting the rural quality of life that NTC residents currently enjoy.

Agricultural Protection Zoning (APZ) is a type of zoning ordinance that can help preserve the agricultural base of the region. It is also designed to maintain the concentrations of forests that are necessary for good forestry practices and will yield a successful timber industry over the long term. Ultimately, this type of zoning benefits the working landscape of the farmer, quarryman and forester, as well as the amenity landscape of the rural resident and community by maintaining open space and rural scenic quality. And it results in the protection of the large tracts of open landscape that support the types of recreational uses found in the NTC area such as hunting, snowmobiling and horse riding.

APZ can be built to exclude non-agricultural uses and designate lands for agricultural uses and sets limits on what other types of uses may exist on the land – primarily residential uses. One way to do this is to set a very low density standard for the property. The American Farmland Trust defines APZ as ordinances that allow no more than one house for every 20 acres, which would increase the amount of land that can be subdivided by the provisions set forth in the Clean and Green Act in Pennsylvania. For example, if land was designated into an APZ, the comprehensive plan’s zoning regulations could limit the subdivision of agricultural land by allowing only one unit of residential development per 50 acres. This could, of course, be changed to whatever density the community would prefer – but twenty to thirty acres would be a likely minimum. This does two things: 1) it prevents the development of large separate lots of development (the typical, poorly designed large lot zoning) while still allowing for some residential development in the area and 2) APZ allows those living on the parcel (as well as the community) to enjoy the rural character of the parcel while maintaining large, undeveloped areas of farmland and forest for the region’s economic and recreational development.

APZ ordinances take a number of forms – from an exclusive use zone (which requires that nonagricultural uses be excluded from the land zoned in the APZ) to a sliding scale system in which the larger the acreage of the parcel becomes, the smaller the amount of developable land becomes. For instance, if the parcel was less then thirty acres, three lots may be allowed (a one unit per ten acre density) but if the parcel was two hundred acres perhaps only ten units would be permitted – a density of one unit per twenty acres. This sliding scale helps ensure that smaller parcels closer to existing development will develop first, and at higher densities, then those farms that are larger and require more contiguous land for production. Several types of APZ ordinances are provided in Appendix Two as examples.

Figure 6.8 uses a piece of land outside of Montrose to shows how this type of zoning would work on the ground, and juxtaposes it with development as it happens currently. The image on the left shows a large parcel subdivided now into lots with various different owners, and no hope of future agricultural use due to the small size of the lots. Hence, this landscape is now lost to agricultural use, and in addition, is in danger of having its forest fragmented by roads and residential uses – reducing the likelihood of either sound, profitable forest or game management. Moreover, instead of one owner owning the majority of a contiguous parcel, now there are several owners from whom permission must be gained for hunting, snowmobiling, and other recreational uses. The image on the right depicts what could happen on a parcel under APZ. Several lots are set aside for development – the type of development that is common in the NTC – while also allowing the remaining area for agriculture or forest use. Moreover, those living on the lots get to enjoy the amenities of the area without fragmenting the land into individual ownerships.

TRADITIONAL DESIGN ORDINANCES

Agricultural Protection Zoning, and the process used to identify conservation areas, is important for setting up zoning and protecting large areas of the NTC. In places where development will occur, and where the community determines it makes sense to encourage it, a variety of ordinances can be developed to make sure that the type of development occurs in a way that is compatible with the character of the community. Traditional design ordinances and subdivision regulations are one way to ensure the quality and type of design that new, higher density developments have in the NTC area. Such ordinances regulate the design of new developments – setting standards for dividing larger lots into smaller lots, the shape of lots, the location of open space, utilities, and other improvements, and in some cases the massing of the building on a site (the set-backs from the street, where the parking goes, etc.) and architectural style and size of the building allowed.

The planning board of a community creates such subdivision regulations and development proposals must abide by those regulations when the development is designed. These design guidelines are crucial in determining what type of new development occurs on the plots of land set aside for development and the drafting of such ordinances is one of the most important tasks that the NTC will undertake in the planning process. The communities of the NTC have an opportunity to adopt such ordinances and prevent the suburban style sprawl from dominating their township’s landscape in the future. This is particularly important if development pressure would dramatically increase. Such ordinances could allow increased densities in hamlets or development areas while maintaining a “rural” character of broader landscape of field and forest, and a “crisp edge” between them. Other neo-traditional ordinances require village greens and other qualities and details of existing hamlets remain to be implemented in newer developments. Ordinances can also regulate the types of signage of the community and the architectural style of the buildings built. NTC communities are primarily of colonial and Victorian style, with stately Georgian and Greek Revival homes in some areas, and development should harmonize with that heritage. Several types of neo-traditional design ordinances are provided in Appendix Two as examples.

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