Local Open Space Planning Guide Local Open Space Planning Guide 2004

Reprint May 2007

This publication was prepared jointly by the State Department of Environmental Conservation and the Department of State in collaboration with the Valley Greenway, New York State Department of and Markets and the Office of Parks, Recreation and Historic Preservation.

David A. Paterson Governor

NYS Department of NYS Department of State Environmental Conservation Division of Local Government Acknowledgements

The knowledge and expertise of many individuals and organizations are reflected in this Local Open Space Planning Guide. In addition to staff members at the NYS Departments of State, Environmental Conservation, Agriculture and Markets, Office of Parks, Recreation and Historic Preservation, and Hudson River Valley Greenway, we are grateful to the New York Planning Federation, , Land Trust Alliance of New York, and the Westchester Land Trust for their contributions.

And, above of all, we extend sincere thanks to New York State’s local government officials for their interest and efforts in the field of open space protection and for the many success stories we have documented in this guide.

This guide was printed as part of the Quality Communities Technical Assistance Program and was made possible in part through a grant from the Governor’s Office for Small Cities.

Cover images: Poets’ Walk Park photo by Darren McGee; Salmon River and forest photos courtesy of the New York State Department of Environmental Conservation. Local Open Space Planning Guide 2004

INTRODUCTION ...... 1 Open Space Conservation - A Cornerstone of Quality Communities

CHAPTER 1: THE NEED TO CONSERVE OPEN SPACE ...... 3 What Exactly is Open Space ...... 3 Why Plan for Open Space Conservation ...... 3 The Benefits of Open Space ...... 4 Social Benefits...... 4 Environmental Benefits ...... 5 Economic Benefits...... 5 The Role of Local and County Governments in Protecting Open Space ...... 6 Local Comprehensive Planning...... 7

CHAPTER 2: THE LOCAL OPEN SPACE PLANNING PROCESS ...... 9 Introduction ...... 9 Legal Authority...... 9 Comprehensive Plan or Open Space Plan ...... 10 Purpose of Plan and Planning Area ...... 11 State Programs ...... 12 Local Waterfront Revitalization Program (LWRP) ...... 12 Hudson River Valley Greenway ...... 13 Process ...... 13 Planning Partners ...... 13 Local Government ...... 13 Local Open Space Groups ...... 14 Land Trusts...... 14 Conservation Advisory Councils (CACs) ...... 14 Environmental Management Councils (EMCs) ...... 15 Involving the Public and Key Community Land Users ...... 15 Planning Charettes ...... 15 Procedures ...... 16 Inventory...... 17 Overlay System ...... 18 Product ...... 18

CHAPTER 3: OPEN SPACE RESOURCES TO BE CONSERVED ...... 21 State and Federal Programs ...... 21 ...... 22 Species and Habitats ...... 22 How Can Open Space Planning Conserve Biodiversity ...... 22 What to Protect ...... 22 Wetlands ...... 23 Forests ...... 24 Open Uplands: Shrublands, Grasslands, Barrens and ...... 24 Cliffs and Caves ...... 25 Other Important Habitats ...... 25 Shorelines ...... 25 Riparian Areas (Stream Corridors) ...... 25 Parks and Preserves ...... 26 Water Resources ...... 26 Protecting Water Resources with Open Space ...... 27 Flood Plains and Stream Buffers...... 27 Wetlands ...... 28 Groundwater Aquifers ...... 28 Lake Shores ...... 29 Drinking Water Sources ...... 29 Estuaries ...... 30 Watershed Planning ...... 30 Working Lanscapes ...... 31 Agricultural Resources ...... 31 Forest Resources ...... 31 Urban and Community Forestry ...... 32 Recreational Resources ...... 32 Public Access ...... 32 Local Parks and Open Spaces ...... 33 State and Regional Open Space Lands ...... 33 Trails and Trail Systems ...... 33 Scenic Resources ...... 34 Historic Resources ...... 35 Connecting Important Open Space Areas ...... 36 Greenways ...... 36 Urban greenways ...... 36 Recreationways ...... 36 Scenic and historic routes ...... 36 Ecologically significant natural corridors ...... 36 Greenbelt ...... 36 Bibliography ...... 37

CHAPTER 4: OPEN SPACE CONSERVATION TOOLS ...... 39 Local Conservation Techniques ...... 39 Voluntary Programs ...... 39 Deed Restrictions/Restrictive Covenants ...... 39 Conservation Easements ...... 39 Municipal Open Space Regulations ...... 41 Local Land Use Regulations ...... 41 Zoning ...... 41 Site Plan Approval ...... 42 Subdivision Regulations ...... 43 Cluster Development ...... 43 Planned Unit Development (PUD) ...... 43 Recreation Land Dedication or, Alternatively, Recreation Fees ...... 43 Transfer of Development Rights...... 44 State Environmental Quality Review Act (SEQR) - Critical Area Designation ...... 44 Taxation Policy ...... 45 Agricultural Districts...... 45 Forest Tax Law ...... 45 Assessments ...... 45 Land Acquisition ...... 46 Fee Simple ...... 46 Purchase of Development Rights ...... 46 Financing Local Open Space Planning and Implementation ...... 46 Local Programs ...... 47 Dedicated Revenue Sources ...... 47 Local Bond Acts ...... 48 County and Local Capital Funding for Open Space and Land Preservation ... 49 State Programs ...... 50 Fund (EPF) ...... 50 Clean Water/Clean Air Bond Act ...... 50 Clean Water State Revolving Fund (CWSRF) ...... 50 Gifts and Donations ...... 51 Federal Programs ...... 51 Land and Water Conservation Fund (LWCF) ...... 51 Pittman-Robertson Program...... 51 Rivers, Trails and Conservation Assistance Program ...... 52 Sport Fish Restoration Program ...... 52 Transportation Efficiency Act (TEA-21) ...... 52 Farm Security and Rural Investment Act ...... 52 Resources ...... 55 Private Programs ...... 55 Private Sector Donations ...... 55

CONTACT LIST ...... 57 Federal Agencies ...... 57 NYS Agencies ...... 58

OTHER SOURCES OF ASSISTANCE ...... 61 the quality of life in communities throughout New York. The Task Force was chaired by Lieutenant Governor Mary O. Donohue and vice chaired by Alexander Treadwell, New York State’s former Sec- retary of State. Eighteen State agencies participated in the Task Force, as did representatives of a broad INTRODUCTION range of conservation, business, local government For more than 100 years, New Yorkers have and civic organizations. The Task Force studied worked together to create parks and to protect open community growth in New York State and made rec- space resources. In 1885, New York made Niagara ommendations to assist communities in implement- Falls the first state park in the nation. The ing effective land development, preservation and re- Adirondack and Catskill Forest Preserve, also cre- habilitation strategies that promote both economic ated in 1885, was the country’s first designated wil- development and environmental protection. derness. Central Park is a priceless asset to New York City and a model for other urban parks. But these and other well-known accomplish- ments are only a part of the story. Each community, each town, each county has unique places, special recreational resources, treasured historic sites and important natural areas. New York State also has many economically vital farms and forests, and thou- sands of miles of waterfront. Our ancestors recognized that these open spaces may not survive without care and attention. Com- munity planning is needed to create and maintain parks and preserves. Local land use regulations can guide the patterns of development on the land to avoid loss or damage to important natural and cul- tural resources. In response to an act of the State Legislature, The recommendations of the Quality Commu- New York adopted its first statewide Open Space nities Task Force represent the first comprehensive Conservation Plan in 1992. The plan was developed attempt by State government to deal with the nega- through a grassroots process involving citizens in tive environmental and economic consequences of all parts of the State. One recommendation of the unplanned land use and growth. A central finding plan was that State government should encourage of the Task Force’s report, State and Local Govern- the development of local open space plans. Such ments, Partnering for a Better New York, is the need plans could be consulted to ensure that future revi- for the State to conserve open space resources, in- sions of the statewide plan really reflect the views cluding forest land, farmland and critical environ- and ideas of all New Yorkers. Local open space plans mental areas as part of an overall Quality Commu- can help shape a better future for individual com- nity effort. munities across the State. In his January 2002 State of the State address, OPEN SPACE CONSERVATION - Governor Pataki outlined a goal to preserve a mil- A CORNERSTONE OF QUALITY lion acres of land across New York State during the next decade. Governor Pataki said, COMMUNITIES “We must do more. And so today I n January 2000, Governor Pataki issued an am setting a goal of preserving over 1 Executive Order establishing the Quality I million acres of open space over the Communities Task Force to explore ways that the next decade– that’s in addition to the State could enhance its ability to work with local more than 300,000 acres we have al- governments, private landowners, conservation or- ready preserved since 1995. ganizations and other interested parties to preserve

1 Local Open Space Planning Guide Lieutenant Governor Donohue’s Qual- This local open space planning guide is in- ity Communities Task Force and newly tended to help interested local governments develop released Open Space Plan provide the and implement local open space conservation pro- perfect framework for achieving that grams. It will assist local officials, private organi- goal in cooperation with local govern- zations and individual citizens in preparing and ments across the State.” implementing their own open space plans or open Local governments play an important role in space components of their local comprehensive open space conservation through the ownership of plans. The methods and suggestions in the hand- local open space resources, through local planning, book can be applied in rural communities, subur- and through land use controls. County and regional ban towns or densely developed cities. planning boards also have a vital role in this activ- The suggestions in this handbook are strictly ity. voluntary. State government is not imposing new Local governments can conserve significant planning requirements on municipalities, but rather amounts of open space by using their authority to it is assisting those citizens and local officials who control growth and development and to direct de- want help and advice for local open space planning. velopment to those locations which already have This handbook: sewer, water, roads and other public infrastructure. • Explains how the public will benefit eco- The Quality Communities effort encourages devel- nomically, socially and environmentally opment where these conditions exist, because it will from having a viable community open space avoid costly and inefficient sprawl while achieving system. savings in energy and infrastructure costs and pre- • Sets forth a simple, step-by-step process for venting unnecessary loss of farmland, forests and preparing a local open space conservation other valuable open space resources. plan. Increasingly, many local governments, includ- • Describes how to take advantage of the ing several of the “East End” towns on Long Island many laws, programs, technical assistance and municipalities in Westchester and Dutchess and funding resources that are available to Counties, have developed local sources of dedicated pursue open space conservation. funds for local open space conservation activities. Many other communities are considering various • Recommends specific strategies, methods proposals to develop local dedicated revenue and techniques for conserving open space. streams for such activities. • Includes useful sources of information, in- Land Trusts and other private, not-for-profit cluding web addresses, to follow up on spe- conservation, recreation and preservation organiza- cific issue areas relating to open space con- tions have played an increasingly important state- servation. wide and local role in open space conservation. This We look forward to having your response to role includes: raising private funds for acquisition the handbook and to working with you to create part- of lands containing natural or cultural resources to nerships between private landowners and public be held by not-for-profit organizations or conveyed agencies, nonprofit organizations and interested citi- to government; obtaining donations of lands con- zens, to conserve the best of New York State’s re- taining natural or cultural resources or easements markable landscape and valuable open spaces. over such lands from private owners; when public funds are available, acting as an intermediary for the acquisition of land by State or local governments, in part to speed up the acquisition process; manag- ing open space areas, historic sites and cultural re- sources; providing volunteers to assist in the man- agement and maintenance of public lands and cul- tural resources; and providing technical assistance to governments and others involved in land conser- vation.

Local Open Space Planning Guide 2 Significant as they are, open space resources are also fragile. Poorly designed and unplanned de- velopment can permanently mar or destroy them. However, if people decide which areas should be retained as open space and which areas should be developed for more intensive use, then they can save CHAPTER 1: what they love best about their communities while still accommodating desirable growth. THE NEED TO CONSERVE OPEN WHY PLAN FOR OPEN SPACE SPACE CONSERVATION? he process of getting everyone together WHAT EXACTLY IS OPEN SPACE? Tto think about community needs is a worth- while endeavor in itself. An open space plan is much pen Space is land that is not inten- more than a land acquisition plan. It can make a wide O sively developed for residential, commer- variety of recommendations about the future of a cial, industrial or institutional use. It serves many community. purposes, whether it is publicly or privately owned. • An open space conservation plan can recom- It includes agricultural and forest land, undeveloped mend new recreational facilities to enhance shorelines, undeveloped scenic lands, public parks the economic as well as the social life of the and preserves. It also includes water bodies such as community. lakes and bays. What is defined as open space de- pends in part on its surroundings. A vacant lot, com- • It can recommend that a community enhance munity garden or small marsh can be open space in its downtown by planting shade trees and cre- a big city. A narrow corridor or pathway for walk- ating small sitting parks. It can protect wet- ing or bicycling is open space even though it is sur- lands, stream corridors and other ecologically rounded by developed areas. Historic and archeo- important features. logical sites are often associated with significant • It can lead to the establishment of linkages open spaces and are a part of our common heritage. between these areas and sites through The quality of the lives of the people in each greenways and bicycle trails. community in New York State depends upon the An open space plan is the flip side of a devel- quality and character of their environment. Moun- opment plan. After identifying important open tains, lakes, rivers, wetlands, forests, coastal plains spaces, it will be much more apparent where devel- and seashores all provide habitat for a diversity of opment should occur. It can also recommend land plant and animal species and they serve a variety of use regulations that will help protect the commu- human needs. The distribution and character of natu- nity from uneconomic and inefficient sprawl. ral and cultural resources affects transportation and Some people may feel that there is no threat to employment patterns, influences where people live, the natural and cultural resources in their commu- affects how people perceive themselves and how nity. Others may feel that their community already they relate to other New Yorkers and the rest of the has an abundance of open space. However, because nation. open space planning can improve a community’s rec- The open spaces in our communities are all part reational opportunities, aesthetic appeal and eco- of the heritage of the Empire State. Increasingly, nomic growth, communities that are fully developed, businesses make decisions about where to develop communities on the urban/rural fringe and commu- or expand facilities based on the quality of life avail- nities in the most thinly populated regions of the able to prospective employees. Communities that state can all benefit from open space planning. plan carefully for their future and conserve their im- New York’s natural and cultural resources are portant open spaces are better able to attract the busi- finite; they are exhaustible and vulnerable. People nesses and jobs that improve the local economy and have the power to conserve these resources or to that create quality communities.

3 Local Open Space Planning Guide THE BENEFITS OF Local Open Space Priority OPEN SPACE Project Identification pen Space provides numerous The Town of Lewisboro completed an Obenefits to society, direct and indirect, Open Space Inventory in the fall of 2000. short-term and long-term. The earth doesn’t provide A key component of the inventory is the goods and services. People benefit socially, envi- Lewisboro Trail. Stretching from the ronmentally and economically from the conserva- hamlet of South Salem to Golden’s tion of open space in their communities. Bridge, the Lewisboro Trail will be a ten- mile long hiking and horseback-riding Social Benefits trail. The trail will run through a 1,000 acre Open spaces and historic and cultural sites in greenway that connects seven nature our communities make up the heritage of the people preserves, the Town park and the of New York State. These places have substantial County’s Ward Pound Ridge Reservation, social benefits to all New Yorkers. In a world in three schools, and three nature museums which everyday life is often filled with tension and – the Westchester County Trailside uncertainty, parks and preserves can provide the op- Museum, the Wolf Conservation Center, and the Bedford Audubon headquarters. portunity for escape and relaxation for every New The Open Space Inventory has identified Yorker. the Houlihan parcel as key to completion The September 11th tragedy focused attention of the trail and the #1 priority for on the core values of our society, including the im- preservation. portance of family and community. Community The Houlihan property is located in the identification can lead to more social interaction geographic center of the Town and through community and family activities which pro- consists of 110 acres, including four mote a sense of a common heritage. separate high meadow fields, several Interesting and diverse recreation areas and forested areas, two stream corridors and scenic open spaces have a special ambiance and at- extensive wetlands. The streams drain tractive qualities. These attributes help to define into the Cross River Reservoir, which is these communities and they lead residents to a strong part of the New York City Watershed. The property is home to many species pro- identification with their neighborhoods. By becom- tected by New York State, as well as ing partners, or “stakeholders,” in making their com- species that are rare in Westchester munity attractive, people develop a strong sense of County. The property has been ap- community. They will take great pride in a beauti- praised at about 4 million dollars. In ful park or waterfront that they have helped to pre- October 2002, Governor Pataki an- serve for their own enjoyment. In turn, this builds nounced that the State would contribute quality communities. $1,000,000 towards the purchase of the Any society needs food, shelter and a host of property to match contributions of manufactured products in order to survive. New $1,000,000 by Westchester County, York’s productive open spaces - farmlands and for- $500,000 by the Town of Lewisboro and $1.5 million in private donations. This ests - can sustainably provide food and wood prod- project is an excellent example of a ucts to meet the needs of present and future genera- public-private partnership for open tions. space preservation. New York State’s natural and historic land- marks are our common heritage; they provide com- mon ground, bind us together, give us a sense of destroy them. How well the residents of New York belonging, teach us about the past, and are the foun- plan for and conserve open land while providing dation for the future. If we can succeed in making space for homes, commercial and industrial places parks and other public lands accessible to all New and community and transportation facilities, will Yorkers, we can provide meeting places which have a profound impact on future generations. The bridge differences among the segments of our soci- community level is the most important place for open ety. space planning to happen. If it isn’t done there, it As many have written, wild land has spiritual may not be done at all. value. Many New Yorkers may never visit the Local Open Space Planning Guide 4 Adirondack Forest Preserve, a state park or historic residential and commercial cooling and site, but are glad to know they are there. In this State heating, and trap pollutants in the atmo- of 18 million people, the awareness that special sphere. places are set aside from development is a value that • Forests are a primary source of clean wa- is difficult to measure in dollars. ter; the Adirondacks and Catskills are the Forests and fields, beaches and marshes, his- sources of several of the State’s major river toric sites and heritage areas, all offer unique op- systems. Similarly, undeveloped land pro- portunities to educate people of all ages about our tects the quality of underground water sup- environment and our history. plies. For example, Long Island’s sole source aquifer is being protected through Parks are sites for athletic recreation which is an aggressive land acquisition program un- so important to young people. In New York’s com- dertaken by a partnership among the State, munities, court and field sport opportunities offer county and local government and conser- an important outlet for constructive outdoor activ- vation organizations. ity and enrichment. • Conserving open spaces and related natu- An attractive park in an economically depressed ral resources allows important biological re- and physically rundown area makes children feel sources and natural habitats to remain in- better about their neighborhood and themselves. A tact and ecologically healthy. These habi- community sports program provides an alternative tats sustain the many species that exist in for at-risk youths by providing places for children New York State and help to achieve biologi- to play and for young people to participate in ath- cal diversity which is important to the sur- letics. Community conservation programs can also vival of humankind. provide young people with an opportunity to focus • Finally, open spaces provide areas for envi- their energy in a positive way and build self-esteem. ronmental education. Natural areas are liv- In order to have successful programs for children, ing museums of natural history. Interpretive communities must plan for well-maintained parks walks and classes conducted in preserved and open spaces for them to use. Along with other natural areas can increase one’s apprecia- community and educational improvements, carefully tion for the environment. planned open spaces can be helpful in guiding chil- dren toward a successful future. Economic Benefits Open spaces provide a place for recreation and Open space has significant economic benefits maintenance of physical health as well as a place Parks, beaches, scenic landscapes, historic for spiritual revitalization. Physical health often re- sites, lakes, streams and coastal areas are central to duces stress, which in turn, can help to ward off New York State’s tourism and travel industry. State many illnesses. Contemplating an aesthetically ap- Parks and Historic Sites alone generate almost $500 pealing landscape or a beautiful stream can provide million in sales to local area businesses from out- inspiration. When people are healthy, they are mo- of-state visitors. Another $20 million is generated tivated and more productive. through tax revenues. Additional local and regional economic benefits are derived from New York resi- Environmental Benefits dents using these resources. We have come to learn that healthy natural sys- New York State is the 4th largest agricultural tems play an important role in environmental and state in the country. Our agriculture contributes ecological protection: $15.5 billion a year to the State’s economy. • Freshwater and tidal wetlands filter and pro- Timber harvesting on forested lands generates cess polluted water, and buffer developed an estimated $230 million dollars per year in rev- areas from flooding. enue to landowners, public and private. The wood- • Forested areas remove carbon dioxide from using industry employs at least 42,000 people in the atmosphere, thereby mitigating the New York State and generates annual payrolls in threat of global warming. Trees and parks excess of $1 billion. The industry produced $3.2 in urban settings reduce noise, lower tem- billion of value-added to the Gross State Product peratures in the summer, reduce the con- and employment accounts for 5 percent of all manu- sumption of non-renewable fossil fuels for facturing employment.

5 Local Open Space Planning Guide Open land, scenic and historic sites and the nation, recycling, nitrogen fixation and homoeostatic availability of recreation are important to the State’s regulation. For example, most commercially ex- quality of life and thus are a primary factor in at- ploited fish and shellfish species depend on tidal tracting and retaining economic investment. The marshes and other coastal environments for spawn- most rapidly growing states in the country use qual- ing and development. Furthermore, many wild plant ity of life to attract growth. New York State can com- species have important commercial value for me- pete in the global economic marketplace by retain- dicinal, food and energy sources. ing its natural and cultural assets. Retaining open land can be the least costly ap- THE ROLE OF LOCAL AND proach to environmental protection. For example, COUNTY GOVERNMENTS IN New York City can buffer its watershed from inten- PROTECTING OPEN SPACE sive development through the historic watershed ocal government is the level of government agreement, avoiding much of the estimated $5 bil- that is closest to the people. It is also the lion cost of constructing treatment facilities for the L level of government that is closest to the open space Delaware and Catskill sources of its drinking wa- resources that people need and use. Local govern- ter. ments can and do play a vital role in open space Protection of open space can help shape growth conservation. They do this by planning for the pro- in a way which saves money on public services. tection and enhancement of important open spaces, Clustered development can reduce the costs of utili- by managing growth and development in a way that ties, transportation and public works construction will accomplish this, acquiring open space, and by and maintenance. For example, protected open space practicing good stewardship of municipally-owned requires fewer community-supplied services while open spaces. providing recreational benefits to the community. Among the many powers that local govern- A number of recent “cost of services” studies ments have for conserving open space is a provi- conducted in New York State and elsewhere have sion in the Municipal Home Rule Law that autho- demonstrated that undeveloped open space, includ- rizes them to adopt local laws for the protection and ing forest and agricultural land, generates more in enhancement of the physical and visual environment. real property tax revenue than it requires in munici- Section 247 of the General Municipal Law autho- pal services – representing a net economic benefit rizes acquisition of open land in fee or by easement to local governments. New residential development for public purposes. In 1989, State legislation was in previously undeveloped areas, on the other hand, enacted to authorize cities, towns and villages to usually results in a net loss to municipal finances. establish transfer-of-development rights programs, In other words, the costs for local services (schools, which are a specialized form of zoning that can help police and fire, roads, solid waste, sewage treatment to conserve open space. Cluster development and and other public infrastructure) outweigh the in- planned unit development are other techniques that creased tax revenue produced by new residential de- are available to local governments, in conjunction velopment. Targeting development through careful with subdivision approvals, which will help to con- land use planning and redevelopment of areas al- serve open space. Local planning and land use con- ready served by existing infrastructure, thereby pro- trols are important tools for conserving open space tecting open space areas, makes economic sense for resources. These techniques are discussed in detail local governments and helps revitalize urban areas. in Chapter 4. Parks and open space can also enhance the property Planning boards and zoning boards of appeal values of nearby residences. are local agencies, voluntarily established by local governing bodies, which have planning and regula- Many critical economic goods and services are tory control over land development and land use ac- provided by the preservation of open space and the tivity. They administer subdivision regulations, en- species and habitats contained within serve as an gage in site plan review, prepare the official map important source of food, fuel, fiber and medicine. and use other basic community planning tools. Other critical economic services or benefits associ- ated with the conservation and preservation of these County and regional planning boards also have species through open space protection include polli- an important role in land use decisions and open

Local Open Space Planning Guide 6 space planning and conservation. As is true for lo- see the preparation of local comprehensive plans, cal planning boards, they may prepare a compre- which should include an open space element. hensive land use plan or a single functional element The primary purpose of a local open space plan of a comprehensive plan, such as one for transpor- is to cause the important open lands in the commu- tation or open space conservation. They also may nity to be conserved for open space uses. The open prepare separate open space plan components such space plan can play an important role in overall com- as a plan or report on natural areas preservation or munity development. Not only will its implementa- historic preservation. Further, they can provide a tion ensure that the community will have dedicated multi-community perspective on open space needs. important open lands to specific open space uses, Many types of natural resources extend beyond but also that the open space system will provide a the boundaries of a single municipality. For example, framework for more intensive use of other parcels a wetland may be shared by several adjacent towns of land for residential, commercial, industrial, trans- within the same county or by more than one county. portation and community facility purposes. It is es- A county or regional planning board is in a good sential, therefore, that open space planning be fully position to conduct a review or make a decision coordinated and integrated with physical, social and about a project that might affect a natural resource economic planning for the community. system of intermunicipal scope. The General Mu- This handbook strongly recommends that com- nicipal Law authorizes county planning boards to review certain developmental projects that are of munities interested in local open space planning and an intermunicipal nature. These agencies can also conservation work to ensure the full integration of play a key role in planning for a regional open space those activities with the completion and adoption system. of local comprehensive plans. Local governments, usually through the planning board, can prepare and Local Comprehensive Planning adopt more detailed elements of the comprehensive Under State law, cities, towns and villages are plan. Thus, a local open space plan should be struc- authorized to prepare comprehensive plans. The laws tured in a way that meets the needs of the local com- provide directions to local governments about the prehensive plan. Ultimately, the open space plan elements to include in local comprehensive plans, should be adopted by the local governing body as several of which relate specifically to local open an integral part of the comprehensive plan. space planning. Planning boards prepare or over-

Master Plan Development & Coordination The 1987 City of Saratoga Springs Master Plan recommended that a committee be formed to advocate open space conservation and to prepare and help implement an open space plan for the city. As a result, the Saratoga Springs Open Space Project was formed by a group of citizens and is still active today. An open space plan was prepared by the committee and adopted by the City Council with extensive public review and discussion. First published in 1994, the open space plan is presently undergoing an inven- tory review with another set of public meetings. The inventory review is recom- mended in a new master plan adopted in 2001, along with a proposed “ District” and “Conservation Development Subdivisions.” The updated inventory will be used by the Planning Board to review proposed projects. An open space bond act passed on the November 2002 ballot.

7 Local Open Space Planning Guide Local Open Space Planning Guide 8 York State Open Space Conservation Plan defines open space broadly, and simply, as: “Land which is not intensively developed for residential, commercial, industrial or CHAPTER 2: institutional use.” Regardless of how open space is defined by THE LOCAL OPEN the circumstances of a community, the focus of this publication is on open space planning as a compo- SPACE PLANNING nent of the overall community planning process. PROCESS Open space is one aspect of a community. It is an important part of a community’s quality of life, but it should be viewed in terms of its connections to INTRODUCTION the other parts of a community that together make his chapter discusses the options for ap- up the place we call home. proaching the open space planning process. T Open space may also be thought of as the un- Should the open space plan be a separate stand-alone developed land which results from our efforts to con- document or should it be part of a community’s com- serve natural resources and scenic areas, to avoid prehensive plan? Should it encompass the entire ter- development in hazard areas and to provide recre- ritory of a municipality or only a portion of it? ational opportunities. In this sense, conservation of Should the open space plan be prepared by the mu- open space is not an objective in its own right but a nicipal government or by result of efforts to a citizen advocacy group? protect the natural Should the open space plan and scenic envi- be highly detailed or gen- ronment, prevent eral in nature? Should it development in emphasize recreational or risky areas and environmental protection, improve the qual- farmland preservation or ity of our commu- scenic views? The answers nities through out- to these and other ques- tions depend upon the na- door recreation. ture of the community, its Another resources and community quality of open planning structure. Downtown space conserva- tion is that it often Apart from the direct Margaretville, NY benefits of conserving re- provides multiple sources (see Chapter 3), it benefits. Land is important to integrate conserved be- cause it is impor- open space into the overall growth and development tant wildlife habitat often contains wetlands which pattern of a community. Thoughtful consideration aid in flood control and water filtration. Preserva- of how a system of community open space may be used to enhance residential areas, improve traffic tion of farm fields for agricultural activities may si- circulation, provide recreational amenities for multaneously preserve the scenic qualities of a coun- schools and senior housing for example, should re- try road. Prohibition of development on steep slopes may also preserve views of bluffs or ridgelines. Cre- sult in a plan which wins community support. ation of athletic fields results in green space in our There is no single approach to developing an communities. open space plan. Open space plans are as diverse as the communities in New York. Open space in an Legal Authority urban area might consist of a park or bikeway, while In addition to the general power of municipali- in a suburban area, it might mean preserving the ties to engage in matters concerning their property, last agricultural lands from development. The New affairs or government, Article 9 of the NYS Consti-

9 Local Open Space Planning Guide tution provides that local governments shall have of the area studied. It is becoming increasingly evi- the powers granted to them in the Statute of Local dent that conservation of open space can have a Governments. Section 10 (7) of the Statute of Local positive impact on the economy of a community by Governments provides that each local government improving its attractiveness and desirability. Com- has: munities must be careful to ensure that unintended “The power to perform comprehensive or other planning work related to its jurisdiction.” Intermunicipal Cooperation Counties, cities, towns and villages also have In 2000, the Town Board of New Paltz, authority to develop comprehensive plans which Ulster County, created the New Paltz may include any elements related to their “orderly Open Space Committee. This was in growth and development” as well as those concern- response to the town’s 1995 Compre- ing natural resources, recreation and sensitive envi- hensive Plan, which recommended ronmental areas (General Municipal Law §239-d, the importance of protecting the General City Law §28-a, Town Law §272-a, Vil- community’s unique environmental lage Law §7-722). Counties, cities, towns and vil- resources. The Village of New Paltz lages also are authorized to use public funds to ac- has joined the town in their preserva- tion efforts. The committee hired a quire open space land in their respective territories, consultant to conduct an inventory of pursuant to General Municipal Law §247, which their open space resources, including provides the following useful definition of open mapping of streams, wetlands, space: agricultural soils, steep slopes, and Any space or area characterized by (1) scenic views. A final document will be natural scenic beauty or, (2) whose existing produced in 2003. openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or open space conservation does not cause effects such surrounding urban development, or would as increasing housing costs. The best way to address maintain or enhance the conservation of such issues is through integration of open space plan- natural or scenic resources. ning into the overall community planning process. Finally, there also are sources of authority for In 2002, The Conservation Fund published Green st intermunicipal cooperation in planning activities Infrastructure: Smart Conservation for the 21 Cen- which grant flexibility for undertaking joint open tury, by Mark A. Benedict and Edward T. McMahon, space planning. General Municipal Law §239-c pro- which puts forth a compelling case for the strategic vides that county planning boards may furnish land use of open space, rather than a purely reactive, con- use planning assistance to municipalities, and Ar- servation-based use. In essence, the Green Infra- ticle 5-G of the General Municipal Law authorizes structure approach is that open space should be two or more municipalities to jointly engage in any proactively used as part of an integrated land use activity they could separately undertake. management system to improve the quality of our communities. This is the strategic use of open space to accomplish several goals and provide a frame- COMPREHENSIVE PLAN work for growth and development within our com- OR OPEN SPACE PLAN? munities and regions. The rationale underlying this approach argues for open space planning to be con- here is legal authority for either a separate ducted as part of a community’s overall approach to open space plan or inclusion of open space T growth and development, regardless of whether the elements within a comprehensive plan. Tradition- plan is contained in a separate document. ally, comprehensive plans completed by municipali- ties include an open space element, just as they in- It is not just organizations such as The Conser- clude elements on transportation, utilities, commu- vation Fund which recognize that a system of com- nity facilities, housing and other community needs. munity open space can complement the built envi- Regardless of whether the open space plan is pub- ronment: lished as a separate document, it is essential to re- “Building with the environment means seeing late the open space plan to the overall development planned development and natural systems as

Local Open Space Planning Guide 10 intricately linked and viewing natural resources purchase of development rights, would cost taxpay- as an opportunity rather than a constraint.” ers less than full build-out under the then-current National Association of Homebuilders zoning. As a consequence, preservation of prime and AMERICAN FORESTS, farmland was the centerpiece of the Greenprint, that Building Greener Neighborhoods, 1995 linked preservation of community character (thus enhancing property values), identification of areas The integration of open space into the commu- for intensive commercial activity and enhancement nity planning process is what exemplifies the Town of the local agricultural economy. Open space con- of Pittsford’s Greenprint for Pittsford’s Future, servation was looked at in a realistic and practical which has been hailed as a national model of inte- way as a means of leveraging a multitude of other grating open space conservation into preservation community goals. of community character. Located in a fast-growing suburban area of Monroe County, people in Pittsford It makes eminent sense for communities to ana- were concerned about the loss of open space, par- lyze their open space needs in conjunction with the ticularly farmland. Fiscal analysis showed that the range of factors usually reviewed in an open space Town’s preservation of open space, including the plan. Occasionally, however, a single function plan, such as a recreational plan or a water quality pro- The Greenprint Process tection plan may need to be developed. In some The Town of Pittsford, in Monroe County, has cases, a non-governmental organization (NGO) may received State and federal awards for the develop a plan based upon advocacy of its mission, development of a “Greenprint for Pittsford’s such as farmland preservation or wildlife habitat. Future.” The Greenprint is a guide for devel- In these cases, the valuable information developed opment, resource protection and open can be used by the municipal government in devel- space preservation and was adopted by the oping an overall community plan. Town Board in 1996. Reflecting extensive community input, the PURPOSE OF PLAN AND Greenprint is based on recommendations in PLANNING AREA the Town’s Compre- he area to be studied is dependent upon the hensive Plan Update, Tpurpose of the open space planning adopted in 1995. project. The Village of Margaretville in Delaware The Comprehensive County, for example, completed an intensive par- Plan Update reflected cel-by-parcel plan for a half mile stretch of land pri- concern by the marily between the East Branch of the Delaware community that agricultural and open River and Main Street. This area was chosen for space resources were diminishing. The two reasons: (1) to plan for the use of newly ac- Update recommended that 2000 acres of land in the undeveloped portion of the quired parcels which were purchased from private community be protected. The Greenprint owners as part of a floodplain buyout program, and was the methodology developed to evalu- (2) to use the newly-acquired parcels to leverage ate open space vs. development decisions the redevelopment of the adjacent Main Street com- by ranking and rating the open space and mercial area. The outstanding feature of the cultural resources. The Greenprint process Margaretville Revitalization and Recreational Use was coupled with a detailed fiscal model Plan is its use of open space as a primary element of predicting future tax rates based on future Main Street revitalization. The plan also serves as land use patterns prepared by the Center for an example of the multiple uses of open space Governmental Research in Rochester. As a through its enhancement of recreational opportuni- result of these analyses, the Town of Pittsford ties for youth and the community while putting has initiated three programs for resource and floodplain properties to appropriate use. Alternative open space protection: purchase of devel- opment rights on 1,200 acres; incentive concepts were developed through community plan- zoning on about 200 acres, and mandatory ning charettes, and the final plan includes detailed clustering on about 600 acres. cost estimates for such amenities as park benches and outdoor lighting fixtures.

11 Local Open Space Planning Guide Many open space plans, of course, cover the programs to Hudson River Valley municipalities. One entire geographic area of the community. The Town of method is the development of county-based Pittsford, mentioned earlier, is a leading example of Greenway Plans or Compacts. Several of the thir- how to incorporate open space into the community’s teen counties in the legislatively-designated Hudson vision as articulated in its comprehensive plan. Another River Valley are involved in the Greenway Compact example is the Town of Penfield in Monroe County process, including Dutchess County, which has de- which completed a town-wide open space plan in 2001. veloped “Greenway Connections,” a version of which It is available online at www.penfield.org/government/ is online at www.dutchessny.gov. planning/openspace.php. The Penfield Town Board es- A distinctive feature of the Greenway Program’s tablished an Open Space Committee consisting of rep- regional approach is the emphasis on “an intercon- resentatives of town government and the public, and nected approach to land preservation and develop- proceeded to identify open space parcels important for ment linked to landscape patterns.” This approach preservation of Penfield’s character. This approach in- looks at natural landscape patterns such as ridges, volved the use of computerized geographic informa- farmfields, wetlands and mountains and how they re- tion systems (GIS) to plot the location of undeveloped late to the settlement pattern. Landscape features which parcels at least 20 acres in size which contained desir- are important to the quality of the region may then be able open space features. Potential parcels were identified and conserved through a variety of techniques. checked by the Committee. The next step for Penfield is the development of an action plan for conservation of the identified parcels. See Chapter 4 for information STATE PROGRAMS on preservation tools. urrently, State programs are available to Intermunicipal or regional open space plans can Cfoster open space planning which to a cer- accomplish the open space connections between mu- tain extent influence the scope of a community’s plan nicipalities and define the character of entire regions if it decides to participate in such programs. and counties. Recognizing the importance of the open space and scenic qualities of the Hudson River Val- Local Waterfront ley, the Legislature enacted the Hudson River Valley Revitalization Programs (LWRP) Greenway Act in 1991, which established the Hudson The Local Waterfront Revitalization Program River Valley Greenway Communities Council and is administered by the Department of State to en- the Greenway Conservancy for the Hudson River courage planning for waterfront areas of the State’s Valley to foster municipal and intermunicipal plan- coastal zone and inland waterways. Open space and ning and provide technical assistance for Greenway scenic resources are important components of the

Proposed Concept Plan for the Village of Margaretville including recommended uses for several flood buyout properties and a series of interconnected walking trails throughout the Village

Local Open Space Planning Guide 12 LWRP. Technical and financial assistance is avail- Local Government able to municipalities both individually and those Because this publication stresses the fact that conducting joint planning. The benefits of an ap- open space planning should be integrated into the proved LWRP include the requirement that the ac- overall growth and development strategy of a com- tions of state and federal agencies must be consis- munity, it is generally preferable for a municipal- tent with the approved program to the maximum ex- ity, rather than another entity, to undertake open tent practicable. Contact the Division of Coastal Re- space planning. Utilizing open space planning in a sources, Department of State at www.dos.state.ny.us. proactive fashion accomplishes a number of objec- Hudson River Valley Greenway tives. First, a community (or intermunicipal) sys- tem of open space can be used to enhance other land This agency administers several grant programs uses and achieve overall community objectives. For for eligible communities in thirteen counties in the example, a system of bikeways and pedestrian link- Hudson River Valley to undertake projects related ages can reduce vehicle traffic congestion, improve to open space planning, natural resources, scenic re- access to downtown businesses and provide recre- sources, comprehensive planning and trail systems. ational opportunities which make the community a The Greenway Compact is a separate program to desirable place to live. Large swaths of open space foster regional cooperation among the counties and adjacent to residential areas improve property val- municipalities which can result in preferential treat- ues and may maintain wildlife habitat. Moreover, ment for state grant programs which would advance where a municipality has a comprehensive plan for projects identified in the regional compacts. Partici- open space, citizens have some expectation of sta- pating compact communities are also eligible for sev- bility for their neighborhoods. Along these lines, as eral other benefits, including the requirement that Benedict and McMahon say, “When citizens think state agencies coordinate their actions with the plans all land is up for grabs, they oppose development of compact communities. Contact the Greenway at everywhere.” www.hudsongreenway.state.ny.us. The local legislative body may direct its exist- ing planning board to develop an open space plan, PROCESS or it may appoint a special committee for the task. Planning Partners Where it does appoint a special committee, it is im- portant to appoint a member or members of the plan- Successful plans have one thing in common, the ning board to the special committee to maintain com- early involvement of the range of community inter- munication among the boards. Note that charter ests in the planning process. The question of who is counties and cities may have specific processes to undertaking the lead planning role becomes less im- appoint members to boards. There are no specific portant to the success of a plan if representatives of legal requirements for the number of members on government, business, conservation and recreation an open space planning committee or the qualifica- are involved. There are a number of entities that could tions of members. develop an open space plan:

Breakneck Ridge from Bull Hill in the

13 Local Open Space Planning Guide Public/Private Partnerships The Westchester County Department of Planning prepared “A Plan for Parks and Open Space” in the mid-1990’s. Based on the plan, the Department maintains lists of available parcels and a priority listing for various acquisition purposes. Taking the next step, Westchester County has committed $10 million per year over five years towards open space acquisition for both passive and active recreation. The County also recognizes that partner- ships with state and local government and non-profit organizations such as the Westchester Land Trust, Open Space Institute, Trust for Public Land, and Scenic Hudson are extremely important for reaching open space goals. This trend at the county level for protect- ing open space has recently been reflected at the local level. As of March 2002, ten Westchester towns, villages and cities have passed open space referenda to raise moneyfor land preservation. An example of a successful partnership effort was the acquisition of the Unification Church property on the Hudson River by Westchester County in 2001. This 39-acre property links three National Historic Landmarks: Lyndhurst, Sunnyside and Belvedere, and is part of the Great Estates Corridor along the Hudson River. The National Trust for Historic Preservation and Historic Hudson Valley agreed to mange the property. Scenic Hudson helped to negotiate the deal between the various parties.

One of government’s main features is its per- plans. Such groups may find it necessary to develop spective in trying to benefit the “common good.” That an open space plan to raise the issue of open space perspective should ensure that planning commitees conservation in the community. Such a plan may have members who represent a cross-section of com- have the purpose, for example, of focusing atten- munity interests and organizations. It should also tion on threatened natural or scenic resources in the result in an open space plan that is more than a simple community, or proposing a bicycle/pedestrian sys- list of places that should be preserved. The plan tem. should relate open space to the achievement of other community goals, and result in a system of open Land Trusts spaces which serve multiple purposes. There are nearly 100 land trusts in New York, most of them with a local focus. They are private It should be clear at the outset whether a mu- nonprofit organizations dedicated to conserving im- nicipal open space plan will become part of the mu- portant tracts of land and managing them for con- nicipal comprehensive plan. If so, the procedures set servation purposes. Their local orientation makes forth in the municipal enabling statutes cited above them ideal to help develop open space plans and to should be followed, which amount to public hear- partner with others in planning. Their traditional role ings and action by the local legislative body. One is to accept donations of land in fee and conserva- advantage to incorporating an open space plan into tion easements from private owners, as a private the municipality’s comprehensive plan is that the means of conserving open space. Land trusts are capital projects of all government agencies (exclud- good sources of technical and scientific informa- ing the federal government) must take such plans into tion on open space resources in the area, and should account. Where the municipality prepares the open be consulted in plan preparation. An increasingly space plan it would typically contain a section on important role for land trusts will be to work in part- plan implementation, so that the plan may become nership with localities to provide stewardship for part of the municipality’s fiscal planning process, lands conserved as open space by the municipality. zoning regulations and other regulatory requirements. Conservation Advisory Councils (CACs) Local Open Space Groups There are over 300 CACs in New York, cre- Often, local advocacy groups are the stimulus ated by action of the local city, town or village leg- for the development of governmental open space

Local Open Space Planning Guide 14 islative body pursuant to state enabling authority. CACs advise the municipality on natural resource Monroe County EMC’s issues and are authorized to prepare an open space Preservation of Environmentally inventoy and map for adoption by the local govern- Sensitive Areas ing body. Following adoption, CACs are authorized The Monroe County Environmen- to conduct advisory environmental reviews of tal Management Council (EMC) projects before the municipal planning board which formed the Preservation of Envi- may impact the lands described in the open space ronmentally Sensitive Areas (PESA) plan. committee in 1991. The commit- tee worked with conservation Environmental Management boards and environmental orga- Councils (EMCs) nizations throughout Monroe County to compile a list of sites EMCs may be created by counties under Ar- they believed to be sensitive. ticle 47 of the Environmental Conservation Law. Sites were evaluated by local Their membership consists of representatives of naturalists and committee mem- CACs and other at-large members. They advise coun- bers. There is a special emphasis ties on environmental matters and could be of vital on sites that preserve ecosystems assistance in county open space planning. when combined with other sites. The committee recommended Involving the Public and Key that these sites be protected Community Land Users should the opportunity arise. An It is important that key social, economic and implementation committee has institutional land use components be involved in the worked with property owners, residents, County and municipal planning process in order to obtain information on decisionmakers, New York State their goals and understand their needs. The school and environmental organizations district, for example must be consulted with respect to preserve, protect and raise the to recreational open space planning. Often, school awareness of these properties. athletic fields can be incorporated into an overall Through this process, Monroe system of community recreation in conjunction with County EMC has developed a municipal and private facilities. It is common for mu- framework for identifying and nicipalities and school districts to enter into agree- evaluating sites which can be ments for the reciprocal use of facilities. Similarly, used by other New York counties senior citizen housing owners should be consulted looking to protect sensitive areas. to determine how open space might enhance the qual- Copies of the report may be ity of such housing. The business community should obtained by contacting Monroe County EMC; 111 Westfall Road, be consulted in order to obtain views on how parks Room 962, Rochester, NY 14620, and small green spaces might be developed and used (585) 274-8063 or PO Box 92832, for events and festivals to draw people to commer- Rochster, NY 14692. cial areas. Involving the general public is of course neces- sary, but is too often done after the fact, when a draft plan has been developed, and the value of public in- Planning Charettes put becomes reduced. When draft plans are presented A public planning charette is a way to gain for review, the process sometimes becomes meaningful public involvement. Members of the pub- adversarial rather than productive. The public should lic as well as key people involved in various aspects be involved in plan development, and the use of the of open space and community development meet in planning charette, discussed below, should be con- small groups with planners for a few hours at a time sidered. At the very least, meetings of the planning to create proposals for geographic areas. The pro- group should be well-publicized and held at times cess allows for people’s ideas to be represented in and places convenient for public attendance. graphic and practical terms. Planners then take the rough proposals and turn them into more polished representations for later review and refinement.

15 Local Open Space Planning Guide Charettes are often used to develop design plans for ings by the board preparing the plan prior to con- neighborhoods, streets or areas. In this manner, for sideration by the local legislative body. Next, this example, open space plans might be developed for local legislative body must hold at least one public each discrete area of a community in order to as- hearing before making a decision on adoption of the semble an overall community plan. The process may plan. Private groups are not subject to State stat- also be productive in developing a single plan for an utes such as the Open Meetings Law or the State entire community, and need not be based on dividing Environmental Quality Review Act, but government the community into areas. A design charette can be groups must comply with those statutes. used to generate proposals for the use of a specific While groups of volunteers often may be able parcel such as a newly acquired lot for a playground. to develop open space plans, it is very helpful to have professional assistance in many aspects of the plan. Volunteer members of a planning group can be expected to provide direction on community policy issues, and, in many cases, will be able to provide information on open space lands and re- sources. The planning group will also serve to draw Participants meet in public opinion on open space issues, and facilitate planning charettes discussion at public forums. It is a good idea to develop a work program and establish the basic methodology to be used for the development of an open space plan. The meth- odology will be a function of several factors, mostly concerning the development posture of the commu- nity and the funds available for conducting plan- ning work. Every municipality which has enacted land use regulations should conduct a study of the recre- Charettes are useful in translating often general ational needs of the community in order to judge public opinion (e.g., “we should have more parks”) whether new residential development will contrib- into specific proposals that are based on the realities ute to demand for certain facilities. Under munici- and difficulties in implementing generalized goal pal planning and zoning enabling legislation, mu- statements. Attendance at charettes should include nicipalities may require that developers of residen- people in the community who have hard knowledge tial property provide recreational facilities and of the area (e.g., “there’s a on parkland, or cash in lieu thereof, where the devel- that farm” or “the planning board has already ap- opment would impact the recreational needs of the proved a subdivision for that area,” etc.) In addition municipality. The enabling statutes provide that to generating a visual expression for an area, charettes planning boards may require such facilities or give the public a more vested interest in the outcome money based upon findings [which] include an of the planning process, so they are more likely to evaluation of the present and future needs for park remain interested and committed. Members of the and recreational facilities in the [city, town or vil- public have a means of creating, not just reacting to lage] based upon projected population growth to plans, which is a more meaningful way of participa- which the particular [subdivision plat or site plan tion. application] will contribute. Procedure In order to avail itself of this authority, a mu- While there is no particular procedure for the nicipality should have completed a study of its rec- development of an open space plan, whether by a reational and park land needs which enables it to municipality or another entity, there are guidelines conclude that a given residential development will for its approval and implementation. Where an open contribute to increased need. Where a park cannot space plan is being prepared by the municipality as a suitably be located within a given development, the potential amendment to its comprehensive plan, the developer may be required to contribute funds in applicable enabling statutes require one or more hear- lieu of such land. Those funds must be placed in a

Local Open Space Planning Guide 16 separate trust account to be used for park and recreation land purposes. This authority may Local Open Space not be used arbitrarily, but must be based upon Resource Inventory an analysis of the municipality’s needs. Where The Town of Philipstown, Putnam County, is updating a municipality undertakes an open space plan- its comprehensive plan in 2003, after completing a ning process, it should certainly include a park community visioning process - Philipstown 2020. A and recreation needs study as part of such a special board was appointed by the Town Board to plan. prepare the comprehensive plan. As part of this process, a work group of the special board was Many communities are linking open formed to focus on open space. They identified open space analysis to broader questions concern- space features and categorized them by one of four ing growth and development. Certainly, for ex- functions: community character, public health, ample, water quality can be improved as a re- habitat and recreation. An inventory of the Town’s sult of open space conservation, where aqui- open space and natural resources was developed fers are protected from inappropriate devel- and mapped using GIS. This inventory was used to opment, steep hillsides are preserved from de- further refine the community’s goals and to come up velopment and buffers are established along with implementation measures to integrate these streams. In addition to direct environmental goals. The open space/natural resource portion of benefits which can be realized from open space the process received funding through a grant from the US Forest Service and Regional Plan Association conservation (See Chapter 3), various studies in recent years show that low density residen- tial development, which often eats up open space, costs more in services than it earns in tax revenue. Open space, which requires little in services, can have just the opposite result. In this sense, it is especially important for com- munities to link open space planning to the overall growth and development of the com- munity. For example, areas which are diffi- cult to provide with services, such as steep The Oak-Tulip tree slopes, are often important open space re- forest in Philipstown sources. By correlating areas which present is of exceptional quality negative development factors and positive open space values, the highest priority areas as part of the Highlands Regional Study. The open for conservation may be developed. space work group used data from the New York Natural Heritage Program, The Nature Conservancy, Inventory the Hudson River Valley Greenway, Putnam County Regardless of methodology, almost all and Rutgers Remote Sensing Department. community plans begin with an inventory. In the case of an open space plan, the inventory should include the range of items which could sat- • Unique geologic formations such as cliffs isfy a community’s open space needs: and caves; • Scenic roads, views and vistas; • Trails, bikeways, railroad beds and other • Rivers, lakes, ponds and streams; important rights-of-way; • Wetlands; • Historic landscapes; • Wildlife habitat; • Flood plains, erosion hazard areas and steep slopes. • Existing public lands, such as parks, trails, and other recreation areas; More information on resources is found in Chap- ter 3. It is also desirable to map open space resources • Working landscapes such as farms and for- in relation to other features such as roads, housing ests; and commercial development in order to get a sense

17 Local Open Space Planning Guide of the impacts of the built environment on open cels, which can be useful in identifying specific par- space and to understand how open space land might cels for further study. be used in conjunction with these other features. Un- New York State has established the GIS Clear- developed land adjacent to dense housing clusters inghouse, which operates the NYS GIS Data Sharing for example, might well serve youth recreational Cooperative. All State agencies are required to be mem- needs by development of athletic fields. Existing bers of the cooperative, and local governments may parklands, as another example, should be protected join the cooperative at no cost. Membership in the co- from commercial development encroachment operative also includes nonprofit organizations and fed- through appropriate zoning. eral agencies. Membership potentially provides access Another key element to open space planning is to a great deal of GIS data, and will undoubtedly lead to inventory and map areas which people subjec- to more data in the future. Local governments should tively feel are important. A community may have an consider joining the cooperative, which has informa- undeveloped entrance or gateway area, for example, tion online at www.nysgis.state.ny.us. Membership pro- which contributes to a positive visual character. vides several benefits including notices of training, and While such an area might not show up on a tradi- links to a wealth of GIS information. tional resource inventory, it may be of critical im- portance to the character of the community and of Product considerable importance to preserve. Members of Whether open space planning occurs as part of the planning group play an important role in develop- the community’s overall comprehensive plan, or as ing such information. a separate process, the resulting open space plan should be published as a map. Traditionally, loca- The theme of this chapter is that open space tions of parks, recreational facilities, bikeways and resources should be tied to a community’s overall preserves have been mapped by communities as a growth and development goals. That notion is per- way of displaying community assets. Inevitably, haps best illustrated by inventorying both positive when communities are promoting the quality of life open space elements such as scenic beauty and farm they provide, maps of their open spaces are promi- fields and negative development factors such as nent among the amenities, along with the quality of steep slopes and cost of sewer extensions. These their schools. An open space plan map of potential factors, when inventoried and assigned values, protected open spaces serves much the same pur- should then be spatially analyzed to see where they pose by creating a vision of how the community overlap, through an overlay system. should be. Many communities or groups publish a Overlay System summary of the open space plan on one side of a folded open space map. A common method of identifying lands which might be eligible for conservation is the overlay map- The format of the open space plan depends a ping system. In this system, various resources and val- great deal on the approach taken in developing the ues are entered on separate maps, which are then over- plan. In some cases an open space plan will be a laid to reveal clusters of significant resources. These generalized guide for future decision-making. These areas are then analyzed for further review to determine types of plans are the result of “visioning” planning if conservation is warranted. In many cases, potential processes which are concerned with shaping the areas for conservation contain conflicting land use ob- overall character of the community. In these cases, jectives, but often, the objectives are complementary. attention is given to graphic quality, and numerous copies are printed for widespread distribution. This Traditionally accomplished by entering resource is particularly true of open space plans prepared by information on transparent sheets of acetate, comput- private groups, and open space plans which deal with erized Geographic Information Systems (GIS) allow regions. In some cases, an open space plan will be a for far greater analytic capability. It is important for a parcel-by-parcel plan of areas to be conserved, in municipality to consult with nearby communities and which case, a widely distributed version may not be their county and regional planning offices for coordi- necessary. nation in using a GIS system. These local agencies will often already have much relevant data such as soils Implementation is accomplished through regu- and wetlands entered into a GIS system. Counties are lation, acquisition, taxation policy or a combination increasingly using GIS systems to enter tax map par- of all three. Implementation of the open space plan

Local Open Space Planning Guide 18 may be accomplished in a number of specific ways, whether to require that open space land be set aside as outlined in Chapter 4. It is advisable for any open through the cluster development process. Maps also space plan to contain at least a generalized action allow the public to check progress in implementing plan which lists actions needed to implement the open space conservation goals. Where open space plan, so that decision-makers and the public have a plans have been prepared by private non-govern- guide to future decisions. If, for example, the open mental organizations they can be used to convey space plan maps out a preferred bike route through their vision for the character of the community. Gov- the community, the plan should indicate how to bring ernment decision-makers can relate open space lands the bike trail to reality. Of course selection of the to plans for new facilities to ensure that open space route should itself be formed by the realities of is not diminished and to use the system of open space implementation so that, wherever possible, the route to plan for the location of new development. should be located on public land and on public roads. As mentioned above, where the local legisla- In those cases, perhaps implementation could be ac- tive body has caused the open space plan to be pre- complished merely by installing bike trails and cre- pared, it may consider whether to officially adopt it ating bicycle lanes on certain roads. Where a trail as part of the comprehensive plan. If so, the action must cross private lands, the plan should suggest is subject to the State Environmental Quality Re- the alternatives for obtaining access, such as pur- view Act. Non-governmental organizations are not chase in fee or easement. subject to that statute. A map is the key for successful implementa- tion. Planning boards use such maps in determining

19 Local Open Space Planning Guide Local Open Space Planning Guide 20 way access sites, trails and scarce urban open space; • are important as working landscapes that sustain the industries of farming and for- CHAPTER 3: estry while, at the same time, enhance sce- nic landscapes, wildlife habitat or a rural OPEN SPACE way of life; and RESOURCES • have educational or research value. In designing an open space plan, it is useful to TO BE CONSERVED think about each category of open space separately, even though many areas may be important for sev- etlands, scenic views, historic sites, parks, eral reasons. A working farm, for example, may be Wtrails, lakes, streams, forests and farms are important for scenic and historical values, as well among the many open space resources that make a as a working landscape and habitat for plants and community a great place to live. This chapter includes animals. When trying to identify those places within information on these and other resources to be con- a community that are most important to conserve as served and what a community needs to know about open space for the future, these places of multiple them to create an open space plan. value may deserve special attention. A successful open space planning process The first step in the process is to take an inven- should examine all of the open space resources in a tory of the resources in a community. Some re- community to determine the importance of each type sources, such as scenic and recreational, need to be of open space to the people of the community and to identified by each community itself through com- identify those areas that deserve particular attention. munity meetings, surveys, or planning charrettes This chapter discusses several aspects of this inven- (suggested in the previous chapter). Valuable con- tory process, including: tacts and sources of assistance are listed at the end • a description of the many types of natural of this document. and cultural resources that may be found in Mapping is an important part of the open space a community; planning process as well. In addition to the descrip- • the specific benefits that conservation of tion of the resources and the importance of the re- each type of open space can bring to the sources to the community, knowing where resources people of a community; and are located allows the plan to be implemented in the most effective manner. Mapping techniques are • the sources of assistance for preparing an described in Chapter 2, while this chapter includes inventory of each type of resource. sources for existing maps. Resources likely to be identified in an inven- tory are places within a county, city, town or village State and Federal Programs that have meaning and importance to the residents A number of state and federal programs pro- because they: tect portions of the resources described in this chap- • are ecologically important as habitat for ter. Most do not comprehensively protect resources. plants and animals; For example, biodiversity laws generally exist only for endangered and , which is a • protect the quality, quantity or public use of tiny subset of biodiversity. Most federal and state water resources including watersheds, aqui- programs are reactive. Creating a local open space fer recharge zones, lakes and streams; plan is a proactive process and considers a much • have distinctive character, such as sites or greater range of factors than do any of the state and areas of historical, cultural or scenic impor- federal programs in place. These programs protect tance. These features contribute to the sense some of the resources found within the community, of pride, spirit, and uniqueness of a commu- but do not help communities directly with the open nity; space process. It is important to know what these • have recreational value, such as parklands programs protect, so that there is no duplication of or potential parklands, playgrounds, water- effort and that they can be factored in as part of the

21 Local Open Space Planning Guide overall local plan. These programs may also be good Each habitat is home to hundreds of species and sources of information about the resources they were habitat protection is essential to protecting the spe- designed to safeguard. Certain key programs are de- cies that live there and the services the habitat may scribed in the text of this chapter. Other funding pro- provide. grams are described in Chapter 4. Poorly planned development fragments habi- tat. When already small parcels of land are further BIODIVERSITY: separated by development, they become too small to support the complex interactions of organisms Species and Habitats required to maintain the ecosystem. Retaining larger Biodiversity, or biological diversity, is the va- pieces of undeveloped lands is important for reduc- riety of life from genes to species and ecosystems. ing fragmentation and maintaining habitat connec- It encompasses several of the other resources de- tions. This can be accomplished by protecting open scribed in this chapter; forests, water resources, and space networks in rural areas. even farms contribute to diversity. To protect Protecting biodiversity with open space is of- biodiversity, the land that is needed for species and ten consistent with other open space planning goals. ecological communities to thrive must be protected. However, certain species and habitats are very sen- This entails knowing where the key habitat is (map- sitive to disturbance and some recreation goals may ping) and what is needed to allow the habitat to per- be incompatible in those areas. Once the biodiversity sist (). resources in protected areas are identified and pri- Of the three levels of biodiversity (genetic, spe- oritized by the community, the most sensitive areas cies, and ecosystem), ecosystem diversity is the most can be protected from disturbance. complex and least understood. It includes ecologi- Open space is only one part of protecting cal communities, which are groups of plant and ani- biodiversity in a community, though it may be the mal populations that share a common environment. most important. Other considerations that should be Diversity of ecological communities can be consid- part of biodiversity in an open space conservation ered from a local as well as regional point of view. plan are comprehensive or master planning that con- The broadest view considers diversity of ecological siders natural resources, compatible zoning and sub- communities and habitats across a region like New division regulations, best management practices York State. As components of the ecosystem, spe- (BMPs) for stormwater and wastewater, natural cies and their genes are protected when ecosystems landscaping, and managing land for natural habi- are adequately protected. Finally, natural distur- tats. A discussion on these topics is beyond the scope bances, such as fire, floods and landslides are es- of this guide. Books listed in the bibliography can sential to maintaining the diversity of some habitats help communities do this. on the landscape and for sustaining ecosystem di- versity and health. What to Protect? Healthy forests, wetlands, and fields provide If biodiversity is the whole of nature - what many benefits to human communities and are a re- does a community protect? Priorities need to be sult of species interacting with the non-living envi- made by the entity developing the open space plan ronment. The production of oxygen, control of ero- based on its values, but there are some general prin- sion, protection of aquifers, filtration of water sup- ciples to follow: ply, formation of soil, and the cycling of organic • Federal, State and regional rare species and matter are a few examples. These are things society their habitats should be protection priori- values, yet nature provides for free. Development ties. Information on federal and State listed sited without consideration of the natural systems species can be found in the local DEC re- that provide ecological services may interfere with gional office and through the NY Natural the continuation of these natural processes. Heritage Program. Regional rarities can be How Can Open Space Planning found by consulting biology professors at Conserve Biodiversity? local colleges and universities, naturalists, Open space plan implementation is an impor- or other research institutions. tant part of local biodiversity conservation, since it • For overall biodiversity, much can be done protects intact habitats and ecological communites. to conserve biodiversity by protecting in- Local Open Space Planning Guide 22 tact and functioning habitat. Emphasis wetland creation. The value of these wetlands is should be placed on linking habitats on land especially high because of the specialized wildlife adjacent to already protected areas. Link- that may be limited to these areas. ing habitats also connects groups of the Wetlands perform numerous functions, such as same species, which allows them to inter- removing and recycling nutrients from the water that breed and maintain healthy populations. flows through them. These functions, in turn, pro- Larger patches of habitat are better able to vide benefits to the environment and the commu- sustain species and natural disturbance pro- nity. For example, the benefit derived from nutrient cesses, such as fires, floods, seasonal water removal is improved water quality. This water puri- drawdowns, and wind exposure. Natural fying function is valuable for a number of reasons, disturbance processes are essential for main- such as clean drinking water, safe recreation and taining biodiversity and should be allowed secure fish and wildlife habitats. to function wherever possible. Habitats to consider are wetlands, forests, caves and To protect wetlands fully, the existing hydrol- cliffs, and open uplands. Areas that are im- ogy, or the way water moves through the system, portant due to their landscape context in- must also be protected. Buffers around wetlands help clude stream corridors, shoreline areas and protect hydrology for some wetlands, but others such parks and preserves. as groundwater fed fens need other considerations. Leaving natural vegetation as a buffer around wet- The following are general types of habitat and lands helps protect the wetland and downstream important areas local governments should consider from , pesticides, and erosion. Municipali- in creating open space plans. These habitat types ties should also consider uplands adjacent to wet- can be identified by readily available maps, photos lands in their conservation efforts. Mole salamanders and soil surveys. Species and habitat information breed in wetlands, but use upland areas for foraging will supplement open space work, and provide more and hibernating. Protecting the wetland without pro- specific guidance on protection and management. tecting the associated upland habitat can result in Wetlands the loss of salamanders from that wetland. A wetland is a transitional area between In order to protect wetlands for biodiversity and aquatic and upland ecological communities that of- ecological function, a community can incorporate ten has qualities of both. Wetlands also occur where wetland protection into its zoning and other land the groundwater is near or at the surface, saturating use regulations. This should include wetlands pro- the soil and the root zone of the plants that grow tected by New York State and adjacent upland habi- there. Plant species that live in or near wetlands are tat in wetlands that harbor sensitive species. Local adapted to the wet conditions. wetlands that are part of a larger watershed can best An estimated 60 percent of the wetlands in New be protected and managed through intermunicipal York State have been lost since the 1780s. Still, New watershed planning, which is described in the wa- York State harbors a great diversity of wetlands. ter resources section. However, because state and From groundwater fed fens and precipitation depen- federal programs protect only 80% of New York’s dent peat bogs to open marshes that absorb over- wetland resources, local conservation efforts are flows from adjacent waterbodies to small pools that critical in filling this gap. are only wet for a portion of the year, the New York NYS Freshwater Wetland Maps are available State Natural Heritage Program describes 57 differ- from all municipal clerk offices, otherwise contact ent wetland types (Reschke 1990, Edinger et al., the DEC Regional Office, Syracuse Blueprint Com- 2002). pany; 825 East Genesee, Syracuse, NY, 13210, (315- Wetlands are defined by their hydrology, land- 476-4084) or download from Cornell University: scape setting and resident species. Some are wet for www.cugir.mannlib.cornell.edu/index.html. a short time of the year and most of the time are not Tidal wetlands maps are available by calling recognizable as wetlands, yet they are often very the NYSDEC - Stony Brook Office (631-444-0295) important wildlife habitat. The great variety of wet- to identify the map number and writing Nassau-Suf- lands that exist support a wide range of species. folk Blue Print Co., Inc.; 350 Wheeler Rd; Some wetlands, including forested wetlands, fens Hauppauge, NY 11788. and bogs are so unique they cannot be replicated by

23 Local Open Space Planning Guide The US Fish and Wildlife Service maps wet- areas are also extremely important. Research at The lands under the National Wetland Inventory Program. Nature Conservancy has shown that 15,000 acres of These maps are available from the Cornell Institute unfragmented forest is essential for the protection for Information Resource Systems (see Contact List) of the full range of forest wildlife and complete eco- or download them from www.nwi.fws.gov. County system function. Remember though, that forests in soil survey maps, available from your County Soil your community may be locally important, even if and Water Conservation District are also useful be- they cover just a few acres. This is especially true if cause organic and hydric soils are good indicators of a forest is near other important forest habitat. wetlands. Aerial photos, available from the Forests Department of Agriculture through USDA Service A forest in the Adirondacks Centers, also from the Cornell looks a lot different than a forest University Institute for Resource in the Hudson Highlands. Differ- Succession: The natural, Information Systems, and some- ent trees, different shrubs and dif- sequential change in the times from County Planning or ferent animal species inhabit both. composition of a plant Real Property Tax Departments For example, it is unlikely to see a community over time. In can be used to identify forested ar- box turtle in the Adirondacks or a New York, the natural ten- eas. Digital Ortho Photo Quads moose in the Hudson Highlands. dency of plant communities (DOPQ), which are aerial photos Many different types of forest ex- is to turn into forest. at 1:24,000 scale are available ist, which are defined by the plant from www.nysgis.state.ny.gov. species that live there. From chest- The New York Natural Heritage nut-oak, and mountain spruce-fir forests, to maritime Program provides maps of high quality and rare for- red cedar forests, the New York Natural Heritage Pro- est types. gram describes 28 distinct forest types (Reschke Open Uplands: Shrublands, Grasslands, Bar- 1990, Edinger 2002). The different plant communi- rens, and Farms ties also support different types of wildlife. Open upland areas depend on disturbance of Forests provide multiple benefits for communi- some kind to maintain their condition. Without dis- ties. In addition to the many species that use forests turbance these areas will naturally become forests as habitat, there are numerous economic benefits: over time. The soil will become enriched with dead such as recreation, tourism and the forest products plant material, trees will invade and the distinct plant industry. Trees and forests also enhance a assemblage of the open area will be lost. Many of community’s quality of life. They have aesthetic these open areas support rare or declining species. value, provide shade and cooling, reduce soil ero- The federally endangered Karner blue butterfly oc- sion, aid groundwater absorption, filter pollutants, curs only on inland pine barrens in association with and produce oxygen. Some species specialize in large the blue lupine plant, which is dependant on fire to forests, barred owls and bobcat, for example, and can germinate. Grassland birds are in decline statewide disappear as forest lots become smaller and smaller. as farms are abandoned and revert to woodlands. Pine Large, intact forests are becoming less common as barrens, which occur on Long Island, in the Capital habitats are becoming more fragmented. Unplanned District and the Rome Sand Plains, are unique eco- development leaves small parcels of land between logical communities that specialize in poor soil. If developments that cannot sustain their original habi- the soil becomes enriched with dead plant material, tats, leading to a significant loss of species from the trees invade and the unique landscape is altered. area. Many early successional habitats are in decline To best protect forests, one should consider their because of decreased frequency of disturbances. Dis- size, condition, and type. Forest size is important, turbances include fire, floods, and blowdowns. Spe- but how large is an unfragmented forest? It depends cies in the natural environment are adapted to, and on the municipality. In a highly developed commu- may be dependent on, these disruptions on the land- nity, a five-acre lot with relatively mature trees is ex- scape. Some areas of these habitats are no longer tremely significant. In more rural areas, you may large enough to maintain their own disturbance re- consider 100, 500 or 1000 acre areas as most valu- gimes. When a municipality or other landowner takes able. Lands connected to already protected forested responsibility for the stewardship of such habitat ar- eas, they need to consider management options that Local Open Space Planning Guide 24 will maintain the early successional habitat. For Shorelines grasslands, this can easily be done by mowing once The shorelines of oceans, estuaries and large in November. lakes are significant habitats due to their exposure Farming activities, also in decline in New York to permanent natural disturbances. Ocean coastal State, mimic some natural disturbance processes and and estuary shoreline habitats are influenced by can be extremely important to biodiversity for that tides, wave action, and salt water. This leads to an reason. The bog turtle, which is on the federal threat- interesting collection of habitats including coastal ened species list, and a number of grassland bird salt ponds and salt shrub on the coast of Long Is- species have survived and even thrived on active land, and brackish and freshwater tidal mudflats in farms. the Hudson River Estuary. Beaches and dunes are also important features where rare species like the Cliffs and Caves Roseate tern and beachgrass are found. Shorelines Cliffs and caves are exposed rock formations. of large lakes including Lakes Ontario and Erie, as Cliffs are vertical exposures of resistant rock with well as Lake Champlain, Oneida Lake and the Fin- little soil and support unique species of lichens and ger Lakes provide habitat for waterfowl. Shorelines ferns, as well as provide habitat for the state-threat- are made of a variety of material, including sandy ened peregrine falcons and common ravens. Caves and cobble beaches that provide habitat for a vari- are either natural rock formations or abandoned ety of species. Beyond the shorelines themselves, mines. These areas are especially important for bats dunes may be present, as in the Eastern which are beneficial animals because they consume region. Maintaining and buffering these habitats also significant numbers of biting insects. A buffer is has value in reducing beach and shore erosion and needed around the mouths of caves in order to sup- increasing water quality. port the species that use them, particularly bats. Both Submerged aquatic vegetation (SAV) is criti- areas can be important for recreation, so the bal- cal for the support of the aquatic ecosystem. SAV ance between recreation and protection needs to be grows in the shallow areas of lakes, oceans and es- considered. tuaries and provides habitat and food for larval and Other Important Habitats adult fish, waterfowl, and the invertebrate species Shoreline habitats, stream corridors, and parks that feed them. These shallow vegetated areas, which and preserves are important areas due to their land- are the most productive of aquatic systems, are also scape settings. These are collections of habitats that known as littoral zones. Protecting open spaces may include any of the others described in this chap- around lakes and along estuaries and limiting dis- ter. Their settings make them unique in their expo- turbance of SAV beds when boating will help sup- sure to disturbance, such as frequent flooding in port the aquatic ecosystem. stream corridors, tides in coastal areas, or in the case Riparian Areas (Stream Corridors) of parks and preserves, increased habitat value due Riparian areas are located along rivers and to fully developed surrounding areas. streams and are comprised of many other habitats,

Inland Poor Fen: Fens are wetlands fed by groundwa- ter and cannot be recreated by mitigation.

25 Local Open Space Planning Guide such as wetlands, grasslands and forests. Riparian Natural areas within these protected areas are areas are also known as stream corridors or flood- important wildlife habitat. An open space plan plains. Flooding naturally occurs along streams and should consider the need to buffer parks and protect is important to the wildlife that use riparian areas. these ecosystems by strategically acquiring adjacent The trees and other vegetation that grow along land or by effectively regulating land use around streams are adapted to frequent flooding. Green the park or preserve. frogs, wood turtles, pileated woodpeckers, and red- starts are well known riparian residents. Many other species of wildlife use riparian ar- WATER RESOURCES eas during a portion of their lives. Riparian areas ew York State has more than 52,000 miles are used for nesting, foraging, hibernating, migrat- Nof rivers and streams and more than 7,800 ing and access to water. In addition to wildlife ben- lakes, ponds and reservoirs, providing many ben- efits, healthy riparian habitats, particularly natural efits and opportunities for communities and tour- forested communities, provide a number of water ists. Riverfront and lakefront property is in high de- quality and stream stability functions. The roots of mand because people want to have swimming, fish- riparian vegetation help to strengthen stream banks ing, boating and other recreational activities at their and provide resistance to erosion. Streamside veg- doorstep as well as the scenic vistas that a shorefront etation creates habitat such as undercut banks where property can provide. Rivers, lakes, and groundwa- fish find refuge and overhanging tree limbs that cool ter aquifers are sources of drinking water for New the water and shelter macro invertebrates. Forested York State residents and are home to a variety of vegetation provides the primary source of energy plants and animals. From coastal estuaries to fresh- (carbon from trees that drop their leaves in the fall) water mountain brooks, New York’s water resources for life in small to medium sized streams. provide a rich diversity of habitats for many species of fish and wildlife. Riparian areas can be identified by looking for streams and rivers on maps or locating 100-year The water quality of streams, rivers, lakes and floodplains on maps from the Federal Emergency groundwater aquifers can easily be degraded by Management Agency (FEMA). Wildlife may use ri- changes in land use and development in watersheds parian buffers with natural vegetation up to 1000 and recharge areas. To protect water resources it is feet. Smaller buffer widths can provide benefits, important to take a watershed-approach to appro- such as protecting stream banks from erosion, and priately direct changes in land use and development filtering excess nutrients and pollutants in runoff patterns, and explore opportunities to preserve open before they reach the stream. The NYSDEC requires space. Preserving open space, such as forested land a permit for alteration of the banks or bed of a pro- cover, is one of the most important steps we can tected stream or the bed of a navigable stream. take to proactively and effectively protect water Stream banks are defined as those lands within 50 quality. feet of the mean high water mark or top of slope, if This section will discuss how streams, lakes, identifiable. rivers, wetlands and estuaries are connected by a 100-year floodplain maps are available from watershed, how water resources can be degraded the Federal Emergency Management Agency Map and provide tools for protecting water resources Service Center 1-800-358-9616 or go to: http:// through open space planning. www.msc.fema.gov/MSC/; NYSDEC maintains bio- Today, the vast majority of water quality im- logical stream survey maps in paper and GIS for- pacts to a watershed are from nonpoint sources of mat. pollution. The term nonpoint source is used in con- Parks and Preserves trast with the more easily identifiable point source discharges from industrial and commercial pipe dis- Parks and preserves can be extremely impor- charges, which are regulated by the State and fed- tant for biodiversity, especially in urban and heavily eral governments. Land uses can contribute to developed suburban settings. These include State nonpoint sources of water pollution; what is applied parks, wildlife management areas, State forests, State to the land, how the land is manipulated, and what areas, county parks, town and city type of land cover exists in a watershed all affect parks, as well as private conservation land managed nonpoint source pollution loads. Nonpoint sources by lands trusts.

Local Open Space Planning Guide 26 are often diffuse and may not individually have a Protecting Water Resources large impact on a stream or river system, but cumu- with Open Space latively can severely degrade water quality and the Forested and vegetated open space can signifi- biological integrity of a stream system. cantly minimize the adverse impacts on water qual- Nonpoint sources of water pollution include ity from land use practices and development. Veg- runoff from construction activity, impervious sur- etated land cover protects water quality by filtering faces (e.g., parking lots, roofs, roads, sidewalks), pollutants before reaching the groundwater and lawns, logging or timber harvesting, and agricultural streams. Converting vegetated areas to paved sur- areas. Other sources of nonpoint source pollution and faces increases the amount and velocity of water run- construction practices that can have negative effects off, resulting in stream channel damage, such as ero- on water quality and habitat include failing and leak- sion and sedimentation. It also reduces the amount ing septic tanks, acid rain, and hydrologic and physi- of water that recharges aquifers. It may be best to cal alterations to streams, such as channel diversions, keep certain areas in a watershed as open space to bank armoring, and construction of dam lakes and ensure public recreation opportunities and to pro- ponds. Nonpoint source pollution can result in ex- tect water quality and aquatic habitat such as, flood- cessive weed growth, algal blooms, murky water, loss plains and stream buffers; wetlands and their buff- of habitat for aquatic organisms, stream bottom sedi- ers; important groundwater recharge areas; lake mentation, unstable stream channels, and swimmer’s shores; drinking water sources; estuaries and head- itch. In addition, toxic substances are often carried water areas. along with nonpoint source pollution. Some of these Flood Plains and Stream Buffers substances, such as pesticides and heavy metals, can accumulate in aquatic life and in terrestrial wildlife Inappropriate development along stream corri- that are closely connected to the aquatic environ- dors can impact the water quality of streams, mar ment. This can lead to fish and wildlife consump- scenic views and lead to costly flooding problems. tion advisories and/or disruption of wildlife repro- on stream banks can contribute to duction. Negative effects are not limited to natural the destruction of fish habitat as a result of erosion, resources, nonpoint source pollution can also imact sedimentation and nutrient loading from . the quality of drinking water supplies.

27 Local Open Space Planning Guide Vegetated buffers, also known as riparian ar- eas, along stream corridors can help protect the eco- Wetlands Protection logical values of streams as well as provide recre- The Town of Milton, Saratoga County, ational opportunities for walking and biking. Pro- has protected sensitive environmen- tecting stream corridors has multiple benefits, which tal features in their 2001 Comprehen- include the following: sive Plan zoning ordinance update. • Reducing velocity and volume of runoff into All wetlands, steep slopes and flood- streams, which helps to stabilize plains are excluded from the build- able area at a site, so that all mini- streambanks and beds, mum lot requirements do not include • Providing habitat for plants and animals that these areas. Additionally, the Plan- require the narrow band of land along riv- ning Board may require an on-site ers to survive, and wetland survey by a professional engineer, surveyor, or wetland biolo- • Improving water quality through shading/ gist. Also excluded are slopes greater cooling the water, filtering excess nutrients, than 15%, the 100-year floodplain, sediment and other harmful pollutants, and and wetland buffer areas. Any appli- adding important woody debris to the cant applying for a site plan review, aquatic environment. subdivision or special use permit must Although all streams are different, the follow- include the location of these sensitive ing graphic provides a general guideline for estab- areas in plan submissions. lishing stream buffer widths and their associated benefits. A more detailed study may be needed to find the appropriate protection buffer for a specific of surface water and therefore ensures a more pre- stream or river. The New York State Department of dictable water supply. Wetlands also absorb and re- Environmental Conservation requires a permit to al- lease surface flood waters, protecting landowners ter the banks or bed of a protected stream within 50 against flooding. feet of the mean high water mark. A protected stream is one with a C(T) classification or higher. Listed in Although protecting the wet area of a wetland provides numerous benefits to the ecosystem, it is also important to protect the adjacent wetland buffer from alteration. Buffers protect water quality and hydrology, and in doing so help ensure that a wet- land will continue to provide its ecological services. Adjacent upland habitats are also important to many species of wildlife that use wetlands. Wetlands larger than 12.4 acres plus 100-foot buffers and smaller wetlands of unusual local importance are protected by the state Freshwater Wetlands Act. Inside the , the Act protects wetlands as small as one acre. A permit is required to fill, grade or declining order of quality, an “A” stream is consid- alter the wetland or buffer zone. Throughout New ered drinkable, a “B” stream is considered swim- York State, wetlands that are one acre or larger and mable and a “C(T)” stream supports trout spawn- connected to a surface water system are protected ing. A local municipality may enact comprehensive by the federal government, but no buffer is included. regulations for all streams in its jurisdiction. These programs protect about 80% of New York’s wetland resources. Local wetlands that are part of a Wetlands larger watershed can best be protected and managed Wetlands are nature’s sponges. They filter and through intermunicipal watershed planning. recycle nutrients from the water that moves through s them, which helps to ensure cleaner water reaches Groundwater Aquifer our water supply. Wetlands absorb and release Groundwater aquifers absorb and release wa- groundwater which helps maintain constant supplies ter which helps keep surface water levels constant.

Local Open Space Planning Guide 28 Healthy stream corridors, such as the Black Creek in Ulster County, NY, maintain stable banks, good water quality and important wildlife habitat.

Aquifer protection involves protecting the land in commonly associated with poor lakefront develop- recharge areas where water enters the soil and re- ment and encroachment. Nutrients and fertilizers plenishes an aquifer. This can be accomplished, in common to landscaping and gardening practices, part, by limiting or restricting development on key golf course maintenance and agricultural practices parcels of land in acquifer recharge areas and in the can directly runoff into a lake or waterbody possi- watersheds of water supply reservoirs where ground- bly causing eutrophication, algal blooms, weed water may play a major part in replenishing a reser- growth and reduced oxygen levels. Failing septic- voir. These purposes also may be achieved by pur- systems can have similar impacts to lakes by con- chasing land in fee title or by conservation ease- tributing excess nutrients and contributing harmful ment. When considering which parcels of land to pathogens that can restrict public swimming and rec- conserve, a planning group should give special at- reation. Septic systems should be constructed as far tention to those parcels in the recharge area of an away from the lake as possible. Maintaining veg- aquifer or in the watershed of a water supply reser- etated buffers around lake shores can help reduce voir. Communities may need to consult a or prevent some of the impacts of nonpoint source hydrogeologist to identify critical recharge areas pollution, as well as provide important habitat and worthy of protection in their area. In addition to pro- prevent erosion. viding open space, preserving this land will help Drinking Water Sources protect the community’s drinking water. Some com- munities or regions in New York State, such as the Public drinking water sources are sensitive to Tug Hill area and Long Island, have prepared pollution inputs from their watershed, especially if groundwater or aquifer maps, but many areas do not the drinking water source is surface water. Nutri- have mapping resources for groundwater. ents and sediment, as well as other pollutants com- mon to stormwater, in drinking water supplies can Lake Shores create the need for expensive water treatment tech- Lakes can provide recreational opportunities, nologies to yield safe potable water. Protecting pub- scenic views and water supplies, especially when lic drinking water supplies by preserving open space development around them takes place in a respon- in the drinking water source watershed can be a strat- sible manner. Lakes are particularly sensitive to wa- egy that meets many recreation, natural resource, ter quality impacts from nonpoint source pollution and public health goals.

29 Local Open Space Planning Guide Estuaries A direct relationship exists between percent im- Estuaries are where the freshwater from rivers pervious surface area and water quality. As the area and streams meet the salty ocean water. In these ar- of impervious surface and development increases, eas, one finds the mixing zones of saltwater tides water quality declines and the ecological integrity and freshwater flows. In addition to providing habi- of a river or lake will likely be impacted. This can tat for a diverse community of fish and wildlife, hu- be the case even in areas where stormwater is con- mans rely on estuaries for transportation, recreation sidered to be well managed through best manage- and as a food source. Coastal habitats, such as ment practices. To ensure watersheds are not over- marshes and tributaries, warrant open space protec- developed and adequate vegetated open space is pro- tion because of their important connection to key tected, communities should begin to plan on a wa- tershed basis, going beyond political boundaries. A life cycle stages of many species of resident and mi- very effective way to protect water quality in a gratory fish and wildlife. Development occurring in stream, river, or lake, is to consider development an upstream watershed or encroaching into the im- impacts in any watershed planning process. If the portant estuarine habitat (such as the upland buffers watershed extends into other municipalities and around marshes and shallows and mouths of tribu- communities, they should work together as partners taries) can severely diminish stream habitat and wa- in watershed and open space planning. Water qual- ter quality. Degrading these habitat areas can have ity impacts can extend far downstream and the ac- an impact on the overall estuarine ecosystem, ex- tivities of upstream communities can impact the tending well beyond the immediate, localized vicin- water quality of downstream communities. ity of the coastal environment. Open space planning in estuarine areas should also consider important Planning on a watershed-level provides many areas for tourism and water recreation activities. Es- other benefits beyond water quality, including a tuaries in New York State include the Hudson River, St. Lawrence River, Peconic Bay and Long Island Sound. Intermunicipal Watershed Planning Watershed Planning The Dutchess County Environmental Beyond the specific candidates for open space Management Council and the protection, a proactive watershed planning program Dutchess County Soil & Water Con- should be in place to ensure that watersheds are not servation District spearheaded a overdeveloped in the remaining upland area. Wa- watershed planning process in the tershed planning provides tools and strategies for Wappinger Creek Watershed in protecting downstream habitat and water quality. Dutchess County in 1996. The project included forming a Watershed A watershed is the land area that drains to a Planning Committee, land use and common outlet, such as a stream, river, lake, or es- natural resource mapping, water tuary. Watersheds are not only the streams, ponds, quality data collection, watershed wetlands, and waterbodies that drain to a common modeling, and preparation of a place, but also the fields, forests, parking lots, yards, Watershed Management Plan with parks, and other upland acreage that drains into the community input. A Watershed waterbody of interest. Typically, less than one per- Intermunicipal Council was formed cent of a watershed is actually water. Watersheds in 2000, and is presently considering can be of vastly different sizes, ranging from square various implementation options for watershed management. Education acres for a small wetland to thousands of square on wetlands, watershed manage- miles for an area like the Lake Ontario Basin. ment and community leadership Watersheds are dynamic hydrological systems. was conducted throughout the Nutrients, organics, sediment (soil), as well as pol- process, in cooperation with Cornell lutants can be carried many miles downstream from Cooperative Extension of their source. Poor development practices and over- Dutchess County. development in the watershed of a stream, river, or lake can, and often does, lead to nonpoint source pollution impacts in other parts of the watershed, such as in a downstream lake or stream. Local Open Space Planning Guide 30 mechanism to link terrestrial and aquatic environ- ers must move their operations to land that is of lesser ments within a natural boundary, rather than trying quality. Marginal land requires more irrigation, en- to manage and protect natural resources using po- ergy, chemical fertilizers and pesticides in order to litical boundaries. Watershed planning can provide remain productive. An open space plan should con- a multi-disciplinary strategy to address multiple sider ways to preserve both working farms and high natural resource protection, recreation, and eco- quality soils that have the potential to be productive nomic development interests into one cohesive, pro- farmland. If high quality soils are covered by devel- active approach to community growth and develop- opment, the farmland potential is lost. ment. Planning on a watershed level allows mul- Protecting these areas keeps new farms from tiple communities to come together to protect natu- using marginal soils that require more fertilizers and ral resources and ecosystems, which extend beyond other inputs that can pollute other natural resources. their political boundaries, and ensure that the re- Protecting farms also conserves natural habitats. An sources are considered as the community grows. average farm in New York State is 40% wooded. Two watersheds where natural resource plan- Hayfields and pasture are also important for many ning and implementation are successful at a water- species that depend on disturbance such as the fed- shed-level, are the Cayuga Lake in the Finger Lakes erally threatened bog turtle and grassland birds. Region and the Wappinger Creek, a tributary to the Forest Resources Hudson River. Both efforts are being undertaken by a diverse steering committee, including local offi- Forestlands and woodlots are important aspects cials. The Cayuga Watershed Protection and Resto- of open land. They contribute greatly to the environ- ration Plan and Natural Resource Management Plan mental and economic health of both urban and rural for the Wappinger Creek Watershed are providing communities. Forest resources include working land- roadmaps to help communities in those watersheds scapes that provide a livelihood for people in rural plan for the future and protect and restore their natu- areas and habitat and green space in more developed ral resources. parts of the State. Shade trees lining community streets or gracing people’s backyards also contribute to forest resources. WORKING LANDSCAPES There are 18.6 million acres of public and pri- Agricultural Resources vate forests in New York State. It is not generally Working farms in New York State are an im- realized, but more than 60% of the entire State is portant resource because they provide a livelihood forested; forest cover has increased greatly through- for many people and fresh, local food for everyone. out this century as a result of farmland abandonment. The 1997 Census of Agriculture identified 31,757 Forest resources provide an economic base for many farms in the state, occupying 7,254,470 acres of land. communities by affording opportunities for tradi- This is down from 38,000 farms on 8,200,000 acres tional timber harvesting jobs and by providing raw in 1992. Farms are important to local economies and materials to support wood product industries. In ad- to the state economy as a whole. If these businesses dition, they support the growth of the recreation and thrive, farmland will remain in agricultural produc- tourism sectors of the economy. Forests provide many tion and communities will retain the open space ben- assorted open space and recreational benefits such efits that they provide. Agricultural land provides as hiking, hunting, camping and passive recreational food and fiber, exports, jobs, open space and wild- opportunities. Forests help to buffer the effects of life habitat that are all essential for human survival stormwater and urban runoff. They provide shade and and the quality of life. wind breaks and help reduce noise. Numerous plant Productive farms and farmland often have cul- and animals are common to forest lands. tural and historical significance. Working farms rep- Most of the forestland in the State is privately resent a way of life that was once much more com- owned. When preparing a local open space plan, ma- mon in New York State. Farmland protection helps jor landowners should be consulted to determine retain a rural and often scenic environment that has whether they are willing to have their land be part of been fast disappearing primarily due to surbanization a local open space system and, if so, in what capac- over the last half century. ity. For example, it would be useful to find out if As cities expand, high quality agricultural land they are willing to allow public access for hunting, is often developed for other uses. Sometimes farm- hiking or other recreational uses and under what con-

31 Local Open Space Planning Guide ditions. Many of the private forests in the State have that is available for public use and planning. Finally, limited or nonexistent public access which may be the U.S. Forest Service Decentennial Forest Survey due to the landowner’s fear of legal liability for ac- provides specific information about the extent, lo- cidents that might occur. The lack of respect that some cation, ownership, use and growth of New York people have for private property also may be a disin- State’s forest resources which have been collected centive for landowners to provide access to their land. on a ten year basis. The Division of Lands and For- The need for public education and enforcement of ests can copy and send the relevant information from local ordinances continues in this regard. these reports to those who request it. If a parcel of private forestland is not available DEC Regional Foresters can be contacted to for recreational use, it may still provide economic, provide suggestions and information on forest man- watershed and/or scenic benefits to a community. agement techniques and options and to provide as- Measures should be taken to keep the property in- sistance with establishing a Tree City USA. tact, to encourage management for its long term vi- ability for forestry purposes or, as a last resort, to RECREATIONAL RESOURCES plan development within it in a way that will mini- mize the impact and maximize the amount of usable pen space resources often have multiple open space that will remain (e.g., requiring cluster- Ovalues and functions. For example, agri- ing and protection of environmentally sensitive ar- cultural land to which the owner has allowed public eas). access, may be scenic and may have historical val- ues while also providing recreational opportunities, Urban and Community Forestry such as fishing or hunting. However, certain open Urban areas benefit in many ways from an abun- space resources are best suited to providing recre- dance of trees. In addition to creating a more livable ational opportunities. These include urban open environment, urban trees and forests enhance prop- spaces, state, regional and local parklands, public erty values, make downtown shopping areas more access sites, water-based recreation and trail sys- enjoyable and corporate parks more comfortable and tems. less stressful. Trees can enhance and improve the A local open space plan should give particular visual and aesthetic qualities of the city. Trees buffer attention to conserving resources that provide a com- noise, freshen the air, screen visually discordant ob- munity with outdoor recreation opportunities. This jects and provide shade and beauty to the neighbor- section describes the types of open spaces that can hood. Trees properly placed around a building can be included in an open space plan to ensure diverse keep it cool in the summer and can block winds in recreational opportunities for people of all ages, the winter, thus saving energy by reducing the costs abilities and interests. of cooling and heating. A local open space plan should also consider Collectively, the trees in an urban area are re- what kinds of resources may not be readily avail- ferred to as “the urban forest.” Urban forests require able for recreational activities because of limited maintenance and care to ensure their health. They public access. Easements, cooperative agreements also require proper planning in order to be maintained or acquisition of key parcels of land are some of the or expanded. Communities can be greatly improved methods that can be used to create access to trails, and open spaces made more beautiful and enjoyable water bodies and public lands. if a community forestry program is established. Public Access Three surveys of New York’s forest resources Public access can refer to visual, physical can help a community inventory its forest resources. or recreational access to natural or cultural resources. The New York State Forest Resources Assessment Boat launching sites are needed along lakes, streams Documents, published by DEC, are a series of 24 and marine shorelines to allow people to have ac- technical reports that provide a broad range of infor- cess if they do not own property along the water. mation about many aspects of forest resource use. Communities are more pleasant places to live when They can be obtained from the Division of Lands their residents can have visual and direct access to and Forests at DEC in Albany - call (518) 402-9405. diverse views across water bodies. In northern New York, the Northern Forest Lands Access to trail systems requires trailheads and Inventory is a GIS-based natural resource data base parking areas. The type of access that communities

Local Open Space Planning Guide 32 need will vary. In some cases, access across private for its regional open space and recreational value, land may be needed for a trail to maintain continu- but also for environmental education, research, ity. Access to state land, which may be surrounded protection of habitats and protection of the natural by private land or which may have poor access, also environment. These parks generally serve a large may be needed. In some cases, an easement might population and may provide a spectrum of be obtained from a landowner to allow people to recreational opportunities, such as camping or cross- cross the land for certain specified purposes, such country skiing, activities that can not be as hiking or launching a boat. accommodated in smaller local parks. Some landowners may be reluctant to provide State parks have been established to protect public access to their land because of a concern that many of the state’s most scenic and environmen- they would be legally liable for accidents that might tally important resources. These resources include occur. However, under the General Obligations Law, ocean beaches, mountains, cliffs, gorges, lakes and landowners are not liable for injuries to people who rivers. Other state-administered areas that provide are engaging in any of the recreational activities that significant outdoor recreational opportunities and are listed in the law. This law covers a wide array of should be considered in local open space planning recreational activities, including hunting, hiking, include Wildlife Management Areas, Reforestation cross-country skiing, horseback riding and bicycle Areas, Multiple Use Areas and the Adirondack and riding, among others. This exemption does not ap- Catskill Forest Preserve. These lands are managed ply where the landowner charges for use of the land by the NYS Department of Environmental Conser- for recreational purposes or where the injury is a vation. result of the landowner’s willful or malicious con- Other regional open space lands include pri- duct. If entry onto the private land involves activi- vate conservation lands open to the public. These ties other than those that are mentioned in the law, are lands owned and/or managed by a nonprofit or- then the landowner may not be protected if a person ganization. The Nature Conservancy, Open Space is injured. Institute, Scenic Hudson, and local land trusts are Local Parks and Open Spaces examples of some of the non-profit organizations Urban open spaces range from large parks with that own or manage land in New York State. natural areas, playing fields or playgrounds to small Many of the natural areas and features within “passive” parks with a few trees and benches. Ur- State and regional parks are fragile and depend on ban open spaces can include community gardens, areas adjacent to the parks to remain viable and tennis courts, a path through an urban woodland or healthy. When development encroaches upon along a stream corridor or a small water body. They parkland, either directly or indirectly, the environ- could be a well-landscaped median strip along a mental quality of the resources within the park may major boulevard or a park plaza around a major be threatened. An open space plan should consider downtown office building. Urban open spaces serve the need to buffer parks and protect their ecosys- recreational and aesthetic purposes and can greatly tems by strategically acquiring adjacent land or by enhance neighborhoods. These resources can pro- effectively regulating land use around the park. The vide areas for walking, hiking, nature study, biking, fragile resources within parks can only withstand tennis, basketball, picnicking, social interaction or intensive use and be enjoyed if the quality of the just relaxing. surrounding environment remains high. Urban open spaces are often difficult to pre- serve if they exist in the middle of an intensively Trails and Trail Systems developed community and, therefore, are under pres- Trails and interconnecting trail systems are lin- sure to be developed for housing, offices or other ear recreation facilities on land or water which pro- purposes. An open space plan should recommend vide linkages between various natural or cultural re- specific parcels of urban land for retention as pas- sources, recreation facilities or public access to other sive or active recreational open space. areas. They can provide recreational opportunities as diverse as cross-country skiing, nature study, hik- State and Regional ing, bicycling and horseback riding. Existing linear Open Space Lands systems such as railroad corridors, utility Preserving land for use as a state or regional rights-of-way and stream corridors provide a good (county or multicounty) park is important, not only opportunity for the development of trail systems. 33 Local Open Space Planning Guide These features should be inventoried in the open munication, cell towers are appearing all over the space plan and considered for trail development. In countryside. Cell towers are commonly sited on addition, trail systems should be considered in a ridgelines in order to capitalize on the elevation, broader context, within greenway systems. Not all which increases the length of the signal. They are greenways have trails in them, but many do. commonly designed as utilitarian lattice or mono- Many types of organizations can join together pole towers tall and stout enough to accommodate to develop a specific trail or trail system. National, antennas of several wireless providers. This ap- statewide and local organizations deal specifically proach to siting may provide the most efficient sys- with trail development, such as the national tem buildout, but, unfortunately, it also poses a se- Rails-to-Trails Conservancy and the regional NY/ rious negative impact on our landscape because tow- NJ Trail Conference and can provide assistance. ers are highly visible on ridgelines. With local regulation that encourages sensitive and appropriate design, wireless telecommunication SCENIC RESOURCES is possible without jeopardizing the visual quality ew York State is blessed with outstanding of New York’s open space. Following are some Nnatural scenery from the high peaks of the guidelines that can prevent the degradation of open Adirondacks, the breathtaking Niagara Falls, and the space visual quality: renowned Hudson Valley, to the Finger Lakes, the • Groups of contiguous municipalities or beaches of Long Island and Lakes Ontario and Erie. counties should work together to develop Scenic and aesthetic values usually overlay other a unified approach to regulating wireless values. A wetland, for example, may provide a habi- facilities; tat for important species while, at the same time, • Encourage cell tower siting on side slopes provide open vistas along lake shores or sea shores of hillsides rather than ridgelines; or it may have scenic qualities in its own right. • Require camouflage or stealth treatment Roads, particularly scenic roads and scenic byways to disguise towers that would be visible should be considered public space and may be im- from parks, recreation areas, nature pre- portant viewpoints. Views of and from waterways, serves, scenic byways or roads, historic especially rivers, bays and harbors, need to be pro- sites or important viewsheds; tected. Scenic and aesthetic values have been well • Scale and design of cell towers (whether recognized by the courts. Identifying them helps to standard or camouflaged) should be ensure their protection and preservation. thoughtful and appropriate. For example, A scenic community entranceway may symbol- a 160-foot stealth tree looming above a ize the character of a community and attract people grove of 60-foot trees would look out of to spend time there. Aesthetic resources such as a place and, thus, is not an appropriate so- mountain or a waterfall might attract people who lution; want to have access to it or live nearby. These frag- • Be wary of co-location as an approach to ile resources need to be protected so that as increas- minimizing the visual impact of wireless ing numbers of people settle near them, they will facilities. While co-location may reduce continue to be undamaged and enjoyed. the total number of individual towers, the A community may have certain human-made towers necessary to accommodate mul- features that interfere with or diminish the scenic or tiple facilities must be taller, wider and unique value of an area. For example, a prolifera- visually more obtrusive than those with tion of unregulated signs, billboards and poorly de- one set of antennae. signed development, i.e., development out of char- The first step in protecting views in your com- acter and/or scale with the surrounding landscape, munity is to identify them. may clutter the landscape and mar an otherwise sce- nic view. There are several controls that municipali- Scenic America is a national organization dedi- ties can use to maintain scenic values. Communi- cated solely to protecting natural beauty and dis- ties can enact laws that limit the size of signs and tinctive community character. Its website has fact billboards. Zoning ordinances and design guidelines sheets, publications and links on view assessments can be developed to regulate the appearance of de- and other topics for use by communities seeking to velopment. With the proliferation of wireless com- protect their scenic resources. Local Open Space Planning Guide 34 The New York State Scenic Byways Program and a process for reviewing construction projects is administered by the NYS Department of that will affect designated properties. A model local Transportation (http://ww.dot.state.ny.us/scenic/ historic preservation ordinance is available from the descript.html). Communities can nominate a local, NYS Office of Parks, Recreation and Historic Pres- county or state road under one of the following ervations’ Field Services Bureau. themes: scenic, natural, recreational, cultural, or his- Local historic preservation commissions are torical. Nominated sites are reviewed by the Scenic usually given the authority to designate properties Byways Advisory Board. If approved, a corridor man- as landmarks or to designate groups of properties as agement plan is developed for the byway. Informa- historic districts and then review proposed changes tion on the application process is available on the in the districts. A historic district is an area in a com- website. munity which has historic or aesthetic interest as part of the cultural, political, economic or social his- HISTORIC RESOURCES tory of the community, region, state or nation. The istoric properties are a tangible link with area must also be a distinct geographical section of the municipality. Hthe past that help provide a sense of iden- tity and stability for a community. Historic and cul- An historic preservation commission’s author- tural resources include a great variety of property ity depends on the powers given to it in the local types, such as buildings and structures, historic dis- law that establishes it. When an application for a tricts, archaeological and paleontological sites and project that may affect historic properties is sub- natural heritage areas. Many of them are associated mitted to the planning board, the local historic pres- with significant open spaces. Examples of histori- ervation commission reviews and comments on it. cally significant open spaces include estates, parks The local law can require projects which may af- and gardens designed by noted landscape architects, fect historic resources to be referred to the historic battlefields and vernacular landscapes such as the preservation commission. stone wall-lined fields of eastern New York that il- Direct technical assistance and public educa- lustrate the traditional agricultural practices of the tion are provided by the OPRHP’s Field Services region. Bureau (FSB). FSB staff can assist those who are Visiting historic sites is an enjoyable recre- preparing a local open space plan with the identifi- ational activity that provides people with an oppor- cation of historic landscapes and other historic sites tunity to learn about the culture and history of an and features. The FSB administers State and fed- area. A commitment to protecting and rehabilitating eral programs that are concerned with historic pres- historic sites can be an important recommendation ervation. in a local open space plan. Unfortunately, many his- The National Register of Historic Places is the toric sites and areas face demolition, neglect and de- official list of the nation’s important historic prop- terioration. erties. The State Register parallels the federal pro- New York State enabling legislation allows lo- gram. Nearly 60,000 sites in New York State cur- cal governments to protect historic properties through rently are listed on the national and State registers. purchasing, restoring, operating, leasing, acquiring To register a property, the sponsor must prepare a fee title or interests, providing for transfer of devel- nomination form for review by the State Board for opment rights, regulating and establishing historic Historic Preservation. The FSB staff can provide as- preservation boards. Approximately 150 New York sistance. Listed properties are more likely to be con- State municipalities have enacted some form of his- sidered in planning for development and redevel- toric preservation regulations and most of these mu- opment. Also, register listing is usually a require- nicipalities have established historic preservation ment for grant programs such as the Environmental commissions. Historic preservation legislation af- Protection Fund Historic Preservation Grants and firms a community’s commitment to protect and en- the tax credit program. These and other financial hance historic resources. assistance programs are discussed in the funding sec- Local preservation laws take a variety of forms tion of Chapter 4. but typically provide for the designation of landmarks Those who are preparing or implementing a lo- and/or historic districts, the establishment of an his- cal open space plan may want to nominate certain toric preservation commission to administer the law resources for the State and/or federal registers, and

35 Local Open Space Planning Guide they may find it helpful to consult the registers when Hudson River Valley Greenway, the Canal preparing an inventory of open space resources. Both Recreationway and . The the State and federal registers make it possible for is a greenway whose entire focus local governments and groups to obtain recognition is a trail. Greenways vary considerably in length and for important historic resources. width and they serve a variety of purposes. A single Archeological resources are important to con- greenway may encompass some or all of the pur- sider when identifying and protecting historic re- poses described below. sources because they can reveal otherwise unobtain- Urban greenways able information about a community’s past and con- An urban greenway may consist of a ribbon of tribute to the community’s understanding of itself. meadows and woodlands winding through a city, The National Historic Preservation Act and the providing places to relax and offering a refreshing State Historic Preservation Act extend the same pro- natural break in an otherwise harsh urban environ- tection and benefits to archeological resources as ment. An urban greenway might be established along they do to historic buildings, structures and districts. a waterfront to revitalize a community. Some communities have comprehensive archeologi- Recreationways cal survey programs, while others provide for sur- A “recreationway” is a greenway that serves veys, often at the expense of developers, in advance active and/or passive recreational purposes, while of any development that will disturb the ground. In- linking recreational, cultural and natural focal points. cluding archeological resources in an open space A good example of a recreationway has been devel- resources survey can be a valuable contribution to oped by the New York Power Authority, other state the plan. agencies and local governments along 35-miles of the Saint Lawrence River, between Ogdensburg and CONNECTING IMPORTANT Massena. It includes hiking and biking trails, pub- lic access facilities, primitive camping and day use OPEN SPACE AREAS areas and a small boat trail through the islands. It onnected open spaces often have greater emphasizes tourism and recreational benefits. Crecreational, habitat or scenic value than Scenic and historic routes isolated parcels of land. When areas of importance These greenways connect scenic and/or historic are mapped, they can fall into patterns of connected sites and may include roads that people can drive open space. Open spaces can be connected by natu- on. Ideally, this type of greenway will include places ral or manmade linear features, such as a stream cor- to walk or pull off the road. Parkways are the epitome ridor, an old canal or an abandoned railroad line. of this type of greenway. Greenways Ecologically significant natural corridors Greenways are linear features or areas of land These greenways protect ecological resources that can be comprised of any number or combina- and provide habitat for many species. In order to do tion of the natural and cultural resources examined this, they need to be wide and have natural vegeta- in this chapter. They link recreational, cultural and tion. They can also provide natural corridors for natural focal points while conserving open space. wildlife migration when they connect larger patches The term represents a conservation planning and of habitat like state land or a large county park. Many management concept that is very flexible in its ecologically significant natural corridors overlay scope. Greenways may contain a mixture of public stream corridors. Greenways which protect natural and privately owned land and they may extend over resources provide excellent opportunities for nature more than one political jurisdiction. Greenways can study. be located wholly within or encompass urban, sub- urban or rural areas. Some larger greenways include Greenbelt hamlets, villages or even cities within them. The This describes a greenway which consists of a Hudson River Valley Greenway, the Upper Dela- ring of county or regional parks or forest land around ware Scenic and Recreational River, Genesee Val- a city or metropolitan area, specifically planned to ley Greenway and the New York State Canal contain an expanding urban area and provide a natu- Recreationway are examples. Not all greenways ral break between the city environment and the open have trails within them, but many do, including the countryside. For example, the Town of Trenton, in

Local Open Space Planning Guide 36 Oneida County, is creating a greenbelt between the Telecommunications Facilities, Town of Pittsford, villages of Barneveld and Holland Patent by obtain- NY & The New York State ing conservation easements. The project was started Department of State, Albany, NY March 2001 by private landowners and has evolved to include public officials, the CAC and Tug Hill Tomorrow, Reschke, C. 1990. Ecological Communities of New Inc., a regional land trust. The necklace of parks York State. NYS Department of Environmental Con- and other public and quasi-public land that partially servation, Albany, NY. Available from the NY Natu- encircles the New York City Metropolitan area, in ral Heritage Program. suburban counties north of the city, also reflects a Wells, J.V. 1998. Important Bird Areas in New York greenbelt strategy. State. National Audubon Society, Albany, NY. Conceptually, greenways, greenbelts, Wilson, E. O. 1999. Biological Diversity: Our Old- recreationways and greenline parks are variations est Human Heritage. NYS Biodiversity Research In- on the same theme. They emphasize the idea of cre- stitute, Albany, NY. Available from New York State ating partnerships between the various levels of gov- Museum Publication Sales and online at ernment and the private sector for resource plan- www.nysm.nysed.gov/wilson.html. ning and management purposes. Greenways also can promote regional awareness and appreciation of larger recreational, natural or cultural resource sys- tems. When a community has a regional perspec- tive on conservation and development, poorly planned development and urban sprawl are more likely to be avoided. Bibliography Edinger, G., Evans, D.J., S. Gebauer, T.G. Howard, D.M. Hunt and A.M. Olivero. 2002. Ecological Communities of New York State 2nd Edition. NYS Department of Environmental Conservation, Albany, NY. Kiviat, E. and G. Stevens. 2001. Biodiversity As- sessment Manual for the Hudson River Estuary Corridor. NYS Department of Environmental Con- servation, Albany, NY. Available From Hudsonia, Ltd. Navota, J. and D. W. Dreher. 2000. Protecting Na- ture in Your Community. Northeast Illinois Planning Commission, Chicago. This document refers to plan- ning in and around the Chicago, Illinois area. Al- though there are some differences in policies and local ecology, the general concepts discussed here are applicable in New York. Available from the Northeast Illinois Planning Commission Publica- tions Department at (312) 454- 9947. NYSDOS. 2002. Legal Aspects of Municipal His- toric Preservation. Available from DOS Division of Local Government Resources, go to: http:// www.dos.state.ny.us/lgss/localgovt.html. Peck, Sheila. 1998. Planning for Biodiversity. Is- land Press, Washington, D.C. Planning and Design Manual for the Review of Ap- plications for Wireless

37 Local Open Space Planning Guide Local Open Space Planning Guide 38 LOCAL CONSERVATION TECHNIQUES Voluntary Programs Private landowners can help implement a local open space plan by voluntarily agreeing to practice good land management techniques. They also can participate in voluntary stewardship agreements that CHAPTER 4: indicate a strong commitment by the landowners to preserve their land. In some cases, a landowner might agree to allow people to engage in certain activities OPEN SPACE on his land, such as nature education, hiking or hunt- CONSERVATION TOOLS ing, at specified times. Although voluntary conservation programs do hat are the available techniques that can not guarantee protection or accessibility of open Wbe used to conserve open space resources? space resources, they can enhance an open space plan How can the plan and its recommendations be and, if widely used, they can greatly improve a funded? Here are some suggestions. community’s open space system. The increasing development experienced in Deed Restrictions/Restrictive Covenants many municipalities across New York State has in- It has long been the practice of developers of creased the awareness of the importance of open residential properties to voluntarily restrict the use space by local government, involved agencies, of a portion of the property in order to provide an grassroots organizations and residents. Once an open amenity such as open space through deed covenants, space plan has identified which resources are impor- restrictions and easements. For example, the deed tant, the plan also needs to identify ways to preserve that a lot owner receives may also convey owner- them. Conservation is most effective when the tech- ship in common with other lot owners to a common niques are used together. Each municipality encoun- area. This easement usually provides that the com- ters unique situations for which a combination of con- mon area may not be developed except for specified servation solutions may need to be used. A technique purposes relating to open space and recreation. Typi- that is suitable for one situation may not be suitable cally the individual lot owner has a right to bring a in another. legal action against others who seek to develop the Local governments have various authorities to property for more intensive uses. Even earlier than do this, such as by regulation of land development the now widespread use of easements to preserve and the purchase of land or tax policy. Grant and open space in land developments, individual land- financial assistance programs described in this chap- owners often imposed deed restrictions when sell- ter can be used to fund plan preparation or can be ing a portion of their property, to ensure that subse- identified in the plan as sources of funding for con- quent owners would not use it for objectionable pur- servation initiatives. Groups preparing an open space poses. Many deeds, for example, contain restrictions plan should be aware that the techniques and sources against establishing gambling houses, keeping of of funding described in this chapter are ever-chang- livestock, cutting of mature trees, etc. Unfortunately, ing, with new ones being added and old ones being these private deed restrictions and easements often modified. become unenforceable when circumstances change, As discussed in Chapter 2, local comprehensive or individual property owners are unaware of their planning provides a framework for open space plan- abilities to preclude certain uses. ning. The techniques discussed below can be imple- Conservation Easements mented to achieve open space goals while at the same An easement is a voluntary agreement made time achieving the broader goals of a comprehen- between the property owner and an appropriate third sive plan. Open space planners must determine which party, such as a land trust or public agency. The ease- techniques will work best for their particular com- ment is a legal device for conveying the right to en- munity situation. Some of these techniques may be force restrictions on the use of the land. This allows in operation already. Others may require legislative the purchaser to acquire partial rights to a parcel of enactments by the local governing body. land instead of acquiring all of the rights in fee

39 Local Open Space Planning Guide simple. Acquiring land in fee simple means you own For municipalities, an important benefit of con- all of the rights to that land. Conservation easements servation easements, under the statute, is that they impose restrictions on the land and can readily be can be enforced by a third party named in creating used to conserve open space or to protect valuable the easement. This is usually a not- for-profit orga- environmental areas. They have become an increas- nization such as a land trust. By doing so, a munici- ingly popular tool in land conservation because of pality has the legal authority to delegate its moni- the many benefits available to landowners. toring and enforcement responsibilities to the land Sections 49-0301 through 49-0311 of the En- trust or not-for-profit organization, still leaving them vironmental Conservation Law (ECL) provide the with the benefit of the preserved land. Furthermore, authority for not-for-profits or municipalities to use since organizations such as land trusts have greater such a tool. This statute permits a not-for-profit or financial and procedural flexibility than local gov- municipal entity to acquire conservation easements ernments, the environmental needs of communities for the purpose of conserving, preserving, and pro- may be better served. tecting the environmental, historical and cultural re- In order for a nonprofit organization or public sources of the State, including the development, and agency to acquire and enforce an easement in per- improvement of agricultural lands. Municipalities petuity, several steps should be followed. First, the should look to this statute when considering all as- property should be inspected and the condition of pects of the conservation easement, including: re- the property documented. Along with this, an in- cording, indexing, enforcement, amending, and ex- ventory of the important resources of the property tinguishment of the conservation easement. Section should be done. Secondly, the title should be as- 49-0307 of the ECL establishes that a conservation sessed to both identify the legal owner of the land easement that is properly filed and indexed is of per- and to get the required property description. If the petual duration, and can only be extinguished pur- property is mortgaged, the lender must transfer prop- suant to this section. erty rights to the easement holder, to ensure that the In 1984, prior to the passage of this law, the easement will remain intact even if the lender fore- courts sometimes considered a conservation ease- closes. ment to be a two-party contract which could be The conservation easement must be specific, readily broken if there was a change in the owner- thus information that is not specifically addressed ship of the fee title interest and the new owner did is not affected. For this reason, negotiating the spe- not want to honor the terms of the contract. Under cific restrictions of the easement is the most impor- the ECL, easements are recorded on the deed and tant part of the process. Along with the specific terms they become part of the chain of title records for the of the agreement, the easement should also contain land. An easement runs with the land - that is the a monitoring program. For enforcement purposes, original owner and all subsequent owners are bound this program puts the landowner on notice that he by the restrictions of the easement. or she must comply with the terms of the easement. Advantages exist for the community and for If a holder fails to inspect or enforce the terms of landowners who donate conservation easements. the agreement, a court may find this neglect to lead The donation of easements allows the community to extinguishment of the easement. It is important or some third party to receive the open space ben- to note, that enforcement of the easement may only efits of the land without the cost of owning, manag- be pursued by the holder of the easement. However, ing and maintaining the land. Furthermore, when a if the holder of the easement is a not-for-profit or- conservation easement is donated, there are several ganization, then the Attorney General also may en- tax benefits that accrue to the donor. They may be force the agreement. able to take an income tax deduction for the differ- The restrictions and uses agreed upon between ence in the fair market resulting from the donation the parties should be prepared in the form of a legal of development rights. This would be done pursu- document. Additionally, a formal appraisal of the ant to the conditions of Section 170 of the Federal fair market value of the easement should be pre- Income Tax Code. Also, donors may be able to re- pared and if the easement is not being donated, a duce both estate and gift taxes to those they may price should be agreed upon. After these steps have ultimately grant the property to, either by gift or been completed, the parties must sign the agreement bequest. and record it in the office of the local Recorder of

Local Open Space Planning Guide 40 Deeds. Finally, as required by the statute, the agree- MUNICIPAL OPEN ment must be forwarded to the DEC where a file is SPACE REGULATIONS maintained of the conservation easement. Local Land Use Regulations An important question for a municipality when Zoning considering a conservation easement is whether or Local governments regulate the kinds of uses not affirmative obligations are enforceable under the that are allowed on the land through zoning. Zoning legislative scheme. An affirmative obligation would is used to regulate the use of land, but also to regu- be one which requires the landowner to maintain late the intensity or density of the use and the siting the property in a specific manner, such as the color of development on the land. Zoning regulations in- or condition of the exterior surfaces of existing build- clude a zoning map that divides the municipality ings. However, New York courts are among the into districts or zones, with text describing the regu- minority of jurisdictions that prohibit affirmative ob- latory requirements for each of these zones. The zon- ligations that run with the land. The court’s posi- ing board of appeals may issue a variance to a prop- tion then is in direct conflict with New York’s con- erty owner who applies for one on the grounds of servation easement statute. The statute provides that possible hardship. affirmative obligations will not be used as a defense to defeat enforcement of the easement. Therefore, The local governing bodies of some New York if the issue were raised in court, it seems as if affir- municipalities still have not adopted zoning, al- mative obligations would not be binding in perpe- though the State enabling laws for these purposes tuity or upon subsequent landowners. This dilemma have been in effect since the 1920s. In New York, has yet to come before the New York courts and is local planning and land use regulations are optional. still unanswered. A 1999 Survey of Local NYS Governments revealed that 58 percent of towns, 58 percent of villages and Land Trusts 84 percent of cities have a written comprehensive Land trusts are extremely effective vehicles for plan. The same study showed that 69 percent of conserving land. While they are independent entre- towns, 88 percent of villages and 100 percent of cit- preneurial organizations that work with landown- ies have zoning. ers interested in protecting open space, they often work cooperatively with government agencies. Land Many zoning techniques are available to trusts can accept donations of land, funds to pur- conserve open space. Some examples are: chase land, or development rights that permanently • Overlay Zoning. The overlay zoning tech- limit land development, or they can purchase land nique is a modification of the system of con- for permanent protection. ventionally-mapped zoning districts. An In addition to land trusts, there are other non- overlay zone applies a common set of stan- profit land conservation organizations that have been dards to a designated area that may cut involved in protecting significant recreational, en- across several different conventional or un- vironmental and cultural landscapes throughout New derlying zoning districts. When planning to York State. For example, the Open Space Institute protect open space, a zoning ordinance can (OSI) and Scenic Hudson have made substantial be amended to place an overlay zone on an positive impacts on the landscapes of the Hudson area that is determined to be unsuitable for Highlands, Shawangunks, Catskills, Helderbergs development. Development in an overlay and Adirondacks, in addition to providing New York- zoning district can only occur at the density ers with access to the Hudson River and its many which is authorized by the zoning regula- tributaries. Some other major nonprofits are The tions for the underlying zoning district and Nature Conservancy and the Trust for Public Land. without impairing the sensitive environmen- These organizations often work together in their land tal features in the area, if that is the stated conservation efforts and pool their resources. While purpose of the overlay district. In addition they work to protect large landscapes, they also help to protecting a limited environmentally sen- citizen-based groups focus on smaller local initia- sitive area, overlay zoning also can protect tives. larger areas that may encompass several standard zoning districts, in whole or in part. The boundaries of the overlay district do

41 Local Open Space Planning Guide not have to coincide with the boundaries of • Special use permits. A zoning regulation the standard underlying zoning districts. will list “as of right” uses which are allowed • Large-lot zoning. The application of this in a particular district without the necessity technique requires lots in a proposed resi- of obtaining any further review. After these dential subdivision to have a low density. uses are listed, a list of conditional uses or For example, a parcel that is 160 acres in “special use permit” uses may be listed, as size could have two 80 acre lots or four 40 exceptions. The kinds of uses that require a acre lots. The purpose might be to reduce special permit are those which may be de- the number of residential structures and as- sirable but which could have adverse im- sociated activity in or near a sensitive re- pacts that require special review and condi- source area, to help protect it. Thus, large tioning before being approved. For example, lots can serve to buffer sensitive areas. The professional buildings might be listed as a disadvantage of this technique, if it is ap- special use in residential districts. This plied too widely in a community, is that large would allow a proposal for a professional lots can lead to low density rural sprawl, building to be reviewed to be sure that cer- lack of a real community center and loss of tain requirements are met, such as adequate community diversity. In some cases, this parking, landscaping and sign regulation. form of zoning has been ruled to be discrimi- The advantage of this technique is that it natory because it eliminates the opportunity allows for discretionary review of individual for affordable housing. proposals. Criteria for approval of a special permit can be tailored specifically to pro- • Performance standard zoning. This tech- tect open space. For example, special use nique establishes zones which are based on permit criteria can require development pro- an allowable environmental impact to the posals to provide buffer areas and best man- resources of an area as opposed to a spe- agement practices for control of non-point cific allowable use. This technique is a good source pollution adjacent to wetlands. They way for a municipality to maintain control can also require that a percentage of land over development impacts and to ensure that be left as open or green space. development will occur only in ways in which the natural resources will not be se- Site Plan Approval verely damaged. For example, a community A zoning ordinance may require developers to zoning ordinance might require water bod- be subject to site plan approval. For communities ies to be protected with vegetated buffers. that do not have a zoning ordinance, site plan ap- Thus, instead of requiring buffer zones de- proval may be enacted by a separate local law. Site pending on the specific use of the land, plan approval involves a review of the design for a buffer zones would be established regard- proposed development on a particular parcel of land. less of the use. Rapidly changing technol- It ensures that the site design meets the established ogy can create new industries, making it criteria. Site plan approval can be used to ensure difficult in some areas for a municipality to that development in a specific area will be in har- establish effective zones based on specific mony with surrounding existing development. It can uses. In these communities, the performance require vegetative screening of development or it standard approach may be particularly help- can address parking requirements, among other ful. things. Site plan approval also can be used to pro- tect scenic vistas. • Incentive zoning. Incentive zoning provides for a trading arrangement between a devel- For example, if a scenic seaside area can be oper and a community. In return for maxi- viewed from a highway, the zoning ordinance can mizing open space or providing other pub- require site plan reviews to ensure that proposed de- lic amenities, a developer is given a “bo- velopments will not interfere with those views. Site nus,” such as permission to build at a higher plan approval, unlike subdivision regulations, is not density. The list of what can be offered as concerned with how new lots are created. Instead, an incentive to the developer is listed in the it is concerned with how development occurs on a Zoning Ordinance. Town Law 261A pro- single lot. It is commonly used to affect the site de- vides the legislation for this technique. sign for a proposed development, such as a retail Local Open Space Planning Guide 42 store or a service station, but can only deal with on allowed in the affected zoning district by first sub- site open space issues. tracting the area within the parcel that cannot be developed. As already stated, constrained areas, such Subdivision Regulations as steep slopes and wetlands, should not be included Subdivision regulations govern the manner by in the density calculation, except under unusual cir- which land is divided into smaller parcels. They are cumstances, thereby giving the developer the right primarily used to ensure that adequate services and to build those units elsewhere within the parcel. facilities will accompany development. Subdivision regulations help to ensure the existence of desirable The common open space left on a parcel of land conditions, such as the safety of building locations after clustering development can be managed by a on a lot, the adequacy of road design and layout, homeowners’ association, the local government or access for emergency vehicles, adequate water sup- a land trust. ply, a drainage plan and sewage disposal. Clustering benefits the immediate community The New York State Real Property Law re- by increasing the amount of open space while it ben- quires that a map, known as a subdivision plat, be efits the developer and the larger community by de- filed in the county clerk’s office and approved by creasing the need for roads and utilities. Although the local planning board before the sale of any lots in some municipalities clustering may be manda- that have been created from larger tracts of land can tory, when given a choice, many developers choose take place. The plat shows the layout of the lots and to cluster because it is clear from experience that streets or roads in the subdivision. the marketability of the houses will be enhanced by the increased open space and development expenses Subdivision regulations can include provisions are reduced relating to roadways, sewer lines, and which help to accomplish open space conservation other infrastructure and maintenance. through cluster development, planned unit develop- ment, dedication of recreation land or imposition of Clustering works well where sewer and water fees to purchase recreation land, as described be- lines are on-site. It may not work as well where sep- low. Subdivision regulations, for example, can ex- tic systems are used and larger lots are needed to plicitly protect open space resources, such as wet- obtain an optimum area for in-ground wastewater lands, steep slopes, floodplains, etc., by requiring disposal. However, it could be used to advantage that new subdivisions be laid out in a manner that even in these situations if a “community” septic sys- will avoid constrained areas. A municipality’s sub- tem is installed. division regulations should exclude areas such as Planned Unit Development (PUD) steep slopes and wetlands from density calculations. Planned unit development (PUD) is a technique If these provisions are in the subdivision regulations, that is similar to cluster development with the ex- then the authority and basis for individual subdivi- ception that PUD not only provides for flexibility in sion decisions would be more sound and there would the planning and development of an entire tract of be fewer arbitrary decisions. land, but also allows planning for mixed uses (usu- Cluster Development ally commercial and residential), if desired. Some Cluster development is a technique that allows PUDs also may be a mixture of commercial or in- flexibility in the design and subdivision of land. dustrial uses and open space. An application for a Clustering offers the option to require downsizing PUD district is typically reviewed by the planning some lots or units for residential development to board, and a recommendation is made to the legisla- increase open space on the rest of the parcel that is tive body. being subdivided. Cities, towns and villages have Recreation Land Dedication or, Alternatively, the authority to enact ordinances or local laws that Recreation Fees require cluster development. Clustering can also be Subdivision regulations can require develop- applied on a site-specific basis or by overlay dis- ers to set aside a certain percentage of their land for tricts. recreation or parkland purposes or, alternatively, to Whether clustering is simply allowed as a right put an equivalent amount of money into a trust fund or whether it is a requirement, the planning board for the acquisition or improvement of recreational also has the option of requiring the developer to cal- or parkland. The exact percentage can be determined culate the number of lots which normally would be by the planning board and the amount of money may

43 Local Open Space Planning Guide be determined on a per lot, per acre or other reason- TDRs will be less attractive. The concept of TDR able basis. In some communities, these contributions seems to work best on a regional or intermunicipal exceed several thousand dollars per lot. scale. The planning board also may determine whether State Environmental Quality Review Act or not the land that is being subdivided is suitable (SEQRA) - Critical Area Designation for recreational or parkland and whether or not there The purpose of SEQRA is to incorporate the will be a need for recreational or parkland on that consideration of environmental factors into the ex- plat. If it is determined that there is no land suitable isting planning, review and decision making pro- on the plat, then the developer can be required to cesses of government agencies at the earliest pos- pay the established fee. The developer also may be sible time. The SEQRA process is designed to de- given the option of reserving a separate parcel of velop information about how a proposed project land for recreational or park purposes in another part would affect the environment, in order to help state of the community, as an alternative to setting aside and local agencies to make better environmental de- land for these uses in the proposed development. cisions. The open space implications of SEQRA are By requiring planning boards to make a finding that it helps ensure that many environmentally sen- as to whether or not each plat should have parklands sitive areas and significant open space resources will on it, subdivision regulations can require planning be considered when a proposed project is reviewed. boards to examine and plan for the park and recre- As a result of focusing on resources in this way, ational needs of their communities. Having an they may be protected by governmental or private adopted plan which addresses recreational open initiative. space resources simplifies the analysis that the plan- Another opportunity, available under SEQRA ning board is required to undertake for each residen- 617.14 (g), for the protection of open space is the tial subdivision. designation of a critical environmental area (CEA). Transfer of Development Rights A CEA is a specific geographic area within the com- munity that contains sensitive or unique features that A transfer of development rights (TDR) pro- require protection. To be designated as a CEA, an gram basically establishes a market for development area must have one or more of the following char- rights. Transferring development rights allows all or acteristics: part of the development density that is allowed by the zoning ordinance for a particular parcel of land • It can be a benefit or threat to human health; which is to be retained as open space, to be trans- • It can be a natural setting such as open space ferred to other parcels which can support increased or areas of aesthetic or scenic quality; density. Even though the owner of the open land • It can have agricultural, social, cultural, his- parcel sells some or all of the development rights to toric, archaeological, recreational or educa- the owner of the parcel on which the density is to be tional values; increased, the owner of the open space parcel still retains the fee title interest and all other rights to the • It can have an inherent ecological, geologi- open space property. These rights include the ability cal or hydrological sensitivity to change that to use the land for non-intensive uses such as con- may be adversely affected by any change. servation, recreation, farming or forestry. However, To designate a CEA, a local agency or govern- once a development right has been sold, a develop- ing body must give written public notice and hold a ment restriction is recorded on the deed, thereby cre- public hearing. A map of the boundaries of the CEA, ating a permanent conservation easement on the land. a written justification supporting the designation and TDR has been a difficult concept to implement proof of the public hearing are filed with the DEC because it requires a very specific set of circum- in Albany, the regional office of DEC and any other stances for success. Sometimes there are problems agency that is regularly involved in approving, un- in setting up a bank to facilitate buying or selling dertaking or funding actions in the municipality. density credits. The area that is set aside to receive The designation has the effect of requiring, un- the extra density must be able to accommodate more der SEQR, that the potential impact of a Type 1 or units. In addition, if the area that is receiving the Unlisted action on the CEA be a “relevant area of extra density credits can obtain increased density environmental concern and must be evaluated in the through another means, such as zoning variances, determination of significance.” Under the old regu- Local Open Space Planning Guide 44 lations, designation of a CEA converted any action on farmland to file notice with the Department of within the CEA to a Type 1 action, which is no longer Agriculture and Markets and the county agricultural the case. and farmland protection board. A final notice in- cludes a detailed agricultural impact statement. Taxation Policy Agricultural Districts Forest Tax Law The Agricultural Districts Law provides pro- The Forest Tax Law encourages ownership of tection for farmland and farm businesses through woodlands for the production of forest crops so as several measures, including the formation of agri- to achieve a more stable forest economy. As early cultural districts, notice of intent requirements (see as 1912, there were provisions for tax concessions below), agricultural assessments, right-to-farm pro- on forest lands. Various laws and amendments were visions to protect against nuisance complaints and passed over the years, culminating in the present the enactment or administration by local govern- law, Section 480-a of the Real Property Tax Law, ments of laws or regulations which unreasonably which has been in effect since 1974. This law al- restrict or regulate farm operations, among other lows forest owners to apply for up to an 80% tax things. exemption by committing their forest land to a DEC- approved forest management plan. Tax savings may The Agricultural District Law establishes the vary considerably for different properties. The for- authority for the Department of Agriculture and ested parcel must be at least fifty acres in size and it Markets to create agricultural districts comprised must be managed for the production of forest crops of farmland of 500 acres or more. A district is es- for ten years. This commitment is made annually tablished by county legislative action which is initi- and is for the next ten years beginning each year ated by a petition from the owners of the land. This that the landowner receives a tax exemption. The is followed by certification by the Department of management plan must include a description of the Agriculture and Markets in consultation with DEC forest, a detailed map and a work schedule which and the Advisory Council on Agriculture. While the owner agrees to follow. The qualifying tract of there were 19 agricultural districts in 1972, that num- land must be managed primarily for forest crops, ber has grown to 341 in 2002. The number of dis- but other compatible uses such as recreation can also tricts has declined in recent years due to consolida- be included. If the land is sold for development while tion, but the number of acres in districts continues the plan is still in effect, a tax rollback penalty is to rise modestly. levied. Forest owners can get more information by In 1992, the Agricultural Districts Law was contacting DEC at: Private Forestry Assistance Sec- amended to authorize the establishment of county tion, Bureau of Private Land Services, 625 Broad- agricultural and farmland protection boards. These way, Albany, NY 12233 - (518) 402-9425, DEC web boards can be created by county legislative bodies. site: www.dec.state.ny.us. They are charged with advising the county legisla- Assessments tive body about agricultural districts. They also de- Property tax assessment is usually based upon velop and approve county agricultural and farmland a property’s market value, which reflects the protection plans. property’s development potential. If a conservation The State agricultural and farmland protection easement or some other type of development restric- program authorizes the Department of Agriculture tions reduce the development potential of the prop- and Markets to provide technical assistance to erty, it may reduce the level of assessment and the county agricultural and farmland protection boards. amount of the owner’s property taxes. Thus tax in- Under this program, the Department of Agriculture centives may encourage people to preserve open and Markets can develop guidelines for the creation space. of agricultural and farmland protection plans and It is possible to provide tax incentives by re- administer planning grants and a farmland protec- duced assessments based upon the existence of pro- tion fund, as discussed in the funding section of tected wetlands on a property. For instance, the Chapter 4 under the Environmental Protection Fund. Freshwater Wetlands Act, Article 24 of the Envi- Another section of the Agricultural Districts ronmental Conservation Law protects and conserves Law, commonly known as, “notice of intent,” re- freshwater wetlands that are 12.4 acres or larger. quires an agency, public benefit corporation or gov- Smaller wetlands connected to larger watershed sys- ernment which is proposing a development project tems are protected by the federal government. 45 Local Open Space Planning Guide Land Acquisition chased by local governments until the site has been cleaned up and until DEC or the U.S. Environmen- The General Municipal Law (GML) establishes tal Protection Agency has indicated that it is safe to open land preservation as a public purpose. Section use. An environmental audit should be arranged for 247 of the GML authorizes local governments to ex- by the owner to assess the extent of the liability. This pend public funds to acquire interests or rights in usually would be performed by an engineering con- real property to preserve open space. This section sultant. also provides that after acquisition, the valuation of the open space areas for real estate taxation purposes Preserving open space through fee title acqui- will take into account and be limited by the restric- sition allows a high degree of protection for the pur- tion on the future use of the parcel. chased land. The limitation is that purchasing all of the rights and interests in a parcel may be expensive There are two types of land acquisition tech- when all of the costs are calculated. In addition to niques: fee simple acquisition and acquisition of par- obtaining funds for purchasing the land, funds for tial interests or rights by easement. In examining its management and maintenance on a continuing these techniques, it is useful to think of real prop- basis also must be provided. erty as a bundle of rights. A landowner may own all of the rights in the bundle or only some of them. Purchase of Development Rights Fee Simple The purchase of development rights (PDR) can be used to prevent changes in land use from farming Fee simple acquisition is the purchase of the to non-farming practices. These rights to the land fee title interest in a parcel of land. However, a pur- are voluntarily offered for sale by the owner, who chaser can acquire a fee title interest in the property retains all other rights of ownership and a conserva- except for any rights in the property that already tion easement is placed on the land and recorded on may have been transferred to some other third party. the title. The buyer, usually a local unit of govern- For example, a utility company might own an ease- ment, pays the landowner the difference between the ment for a power line or, in the case of river area, a value of the land as restricted and the value of the utility company may own flowage rights for hydro land for its “highest and best use,” which is gener- power development. Several different types of fee ally residential or commercial development. title acquisition include: The development value is usually a high per- • Land can be purchased at its fair centage of the overall value. Preserving farmland for market value. permanent agricultural use is the major benefit of • Real property can be sold below the market this program. Also, the parcel stays on the tax rolls value to a conservation organization or a and therefore continues to contribute to the tax base, municipality. This is referred to as a “bar- but the reduction in market value may reduce prop- gain sale.” The difference between the mar- erty taxes and help prevent them from rising. ket value and the reduced price may qualify PDR gives a community a way to share in the as a charitable deduction from income taxes. costs of protecting farmland with landowners. Non- • An installment sale involves the sale of real farmers have a stake in the future of agriculture for a property over a period of years. This allows variety of important reasons, including keeping lo- the seller of the land to defer, and possibly cally grown food available and maintaining scenic reduce, the tax burden by spreading out the and historic landscapes, open space, watershed and income from the sale. wildlife habitat. • Land can be sold with an option that allows Financing Local Open Space the seller to continue to use the property dur- Planning and Implementation ing his or her lifetime. This allows the land- Funding sources for a local open space plan owner to receive the income now and then vary depending on the type of organization that is have the land transferred when he or she preparing the plan. Local government agencies and dies. ad hoc open space committees appointed by local In general, land which has environmental prob- governing bodies can obtain appropriations from the lems, such as contamination from toxic or hazard- governing body to prepare and publish the plan. ous waste, including oil spills, should not be pur- Some funds for local open space planning are avail-

Local Open Space Planning Guide 46 Legislative Commission on State-Local Relations. Local Open Space The catalog provides information about the flow of Agricultural Partnership aid dollars to local governments from the federal and In October of 1998, the Town of Red state governments, as well as detailing specific grants Hook and Villages of Red Hook and Tivoli and programs that are available. Finally, the Foun- in Dutchess County initiated a project to prepare a comprehensive Open Space dation Directory and The Foundation Grants Index, Plan for the three communities. The which are publications of the Foundation Center, planning process provide information about private grants. This di- began in 1999 with rectory and index are available at libraries. The Na- informational tional Park Service has compiled a list of founda- workshops and tions from these directories that have recently sup- residential surveys to better under- ported open space conservation projects. stand citizen per- ception of open Local Programs space preservation. Dedicated Revenue Sources The survey showed that residents were A permanent or time-limited revenue stream overwhelmingly in favor of aggressive derived from existing or new taxes or fees can be protection of their rural community character by local officials. Completed used to acquire open land. A dedicated fund may be in November of 2000, by the Open Space used as the basis for bonding with the future rev- Subcommittee of the Town of Red Hook enues being used to pay off the interest and prin- Greenway Committee, with the assis- ciple on the bond. This technique allows counties tance of Behan Planning Associates, the and municipalities to bring money from the future plan identified, catalogued, and cat- egorized open space areas within the into the present to acquire lands before the price in- three communities. The plan recom- creases dramatically or the parcels are lost to devel- mends initiatives and techniques the opment. three municipalities can use to preserve Several examples exist in New York State at their rural character. They include the institution of an Agricultural Advisory the county or municipal level: Council, establishment of a purchase of Suffolk County development rights program, utilization of conservation easements, zoning • In 1986, Suffolk County residents approved overlay districts, cluster development, a Drinking Water Protection program, worth and incentive zoning. The plan recom- over $300 million, funded by a ¼% increase mended that the communities protect to the county sales tax. In 1987, this pro- between 8,000 and 13,000 acres of the gram was modified by Suffolk County vot- existing 19,000 acres of undeveloped ers to allow bonding against the future rev- and productive agricultural land. enues of the fund, and in 1996 modified again by voters to prohibit legislative trans- able from public and private sources. If one grant fers of funds above 8% per annum from the does not provide fully for project needs, it can be revenue source into the county general fund. used to leverage other grants. • In 1999, Suffolk County voters approved a Several State, federal and private sources of revised Drinking Water Protection program, funding are available to help carry out the recom- still funded by a ¼% increase in the county mendations of a local open space plan. In addition sales tax, for a 12-year period. This billion to the programs and sources listed below, informa- dollar program provides about $273 million tion about grants can be obtained from the Quality for conservation purposes, including open Communities Clearinghouse website, land purchases, purchase of farmland devel- www.dos.state.ny.us/qc, and the Grants Action opment rights, and implementation funds for Newsletter, published by the New York State As- recommendations from the Long Island sembly. This newsletter describes grants that are Sound Study, the South Shore Estuary Re- available for a wide array of projects. Another source serve study and the Peconic Estuary study. of information is the Catalog of State and Federal The county has leveraged this dedicated fund Programs Aiding New York’s Local Government, for $62 million through a low cost financ- prepared by and available from the New York State ing arrangement, similar to bonding, pro- 47 Local Open Space Planning Guide vided by the New York State Revolving Fund Suffolk County for Clear Water and Air, and administered • In 2002, voters from the Long Island Towns by the Environmental Facilities Corporation. of Brookhaven, East Hampton, Riverhead, • 1n 1998, Southampton, East Hampton, Shel- Shelter Island, Southampton and Southhold ter Island, Southold and Riverhead town resi- passed measures which extended a two per- dents, in five separate town referenda, voted cent tax on real estate transactions to pro- to establish a 2% buyers real estate transfer tect open space. A total of approximately tax, authorized by the NYS Legislature the $360 million will be raised for open space previous summer. This transfer tax (known protection from this source. locally as the Community Preservation Fund • In 1997, Suffolk County residents voted to or CPF) and scheduled to sunset after 12 approve a $62 million Community years, would generate about $300 million Greenways Bond Act. Funds were divided for open space, critical wildlife habitat and four ways: $20 million for open space pur- farmland protection during its lifetime. In chase, $20 million for active recreation, $20 2002, these same towns voted to extend the million for the purchase of farmland devel- CPF until 2020, a move that will generate opment rights and $2 million to fund the an additional $300 million dollars for the development of an environmental education region’s conservation needs. The CPF rev- center on a suitable county-owned site. enue streams in Southampton (for $30 mil- • Southampton - Residents voted to approve lion) and East Hampton (for $20 million) an $8 million conservation bond act in 1987. have been leveraged through a low cost fi- In 1996, voters approved another $5 mil- nancing arrangement, similar to bonding, lion conservation bond act. provided by the New York State Revolving Fund for Clear Water and Air, and adminis- • East Hampton - In 1996, town voters ap- tered by the Environmental Facilities Cor- proved a $5 million conservation bond act. poration. Riverhead town has authorized $30 • Shelter Island - In 1996, town voters ap- million in general obligation bonds against proved a $600,000 conservation bond act. its future CPF revenues. • Southold - In 1983, 1987, 1991 and 1994 • In 1996, Southampton voters approved an town residents approved $1.75 million bond increase in property tax at 20 cents per $100 acts for open space and farmland develop- real property assessment to create a dedi- ment right purchases. In 1996, 1997, 1998, cated fund for environmental conservation 1999, and 2001 town voters approved $2 projects, principally land and development million farmland and open space protection rights purchases. This tax generates about bond acts. In this 20 year period, Southold $1 million a year for the town for this pur- residents have approved $17 million for pose and is restricted by the enabling legis- open space and farmland protection. lation. The program does not sunset. • Riverhead - In 1996, subject to permissive referendum the Riverhead town board ap- Local Bond Acts proved a $4 million open space and farm- Local general revenue bonds can be issued for land protection bond act. the purpose of obtaining funds to acquire open space resources. The local governing body may approve • Brookhaven - In 1999, Brookhaven town the bond measure itself, subject to permissive refer- residents approved their first open space endum, or place the measure on the ballot for direct bond act, $10 million for the protection of approval or rejection by the local electorate. The lo- farmland and open space. In 2002, town cal governing body must specify the maximum residents approved a $20 million bond act amount to be raised and the number of years for re- for the same purposes. payment. • Huntington - In 1997, voters approved a $10 million bond act for open space preserva- Saratoga County tion. • In November, 2002, a $5 million conserva- tion bond act was approved by Saratoga Springs residents. Local Open Space Planning Guide 48 Nassau County • Lewisboro Town - Residents approved a $2 • Oyster Bay Town - In 1999, voters approved million bond issue for open space preserva- a $20 million bond act for open space and tion, November, 2000. drinking water protection. • North Salem Town - Residents approved a Erie County $2 million bond issue for open space preser- • Clarence Town - Voters passed a $12.5 mil- vation, November 2000. lion bond act to purchase farmland devel- • Pound Ridge Town - Residents approved a opment rights and open space in November property tax increase of $1 per $1000 of 2002. assessed valuation, will raise $3 million for • Amherst Town - Has established a bonded open space preservation; November 2000. fund for PDR purchases. Set aside in a capi- • Somers Town - Residents approved a $2 mil- tal program about $900,000 for PDR’s. lion bond issue for open space preservation, • Marilla Town - Set aside $100,000 to November 2000. $300,000 for PDR funds to match Federal • Yorktown Town - Residents approved a $30 and State Programs. a year per tax lot for open space preserva- Monroe County tion in November, 2000. This measure re- quired creation of a special taxing district, • Monroe County received $2 million from the NY State portion of the Tobacco Law Suit which itself required enabling legislation settlement. County officials determined that from the NYS legislature, which has not these funds should be used to protect open voted to allow it. Yorktown still has no ef- space and the money went into 1:1 open fective local open space funding. space conservation matching grants to • Tarrytown Village residents approved a $3 towns and qualifying not for profits in the million bond issue for open space preserva- county, working on open space protection. tion in March 2001. • Penfield Town - Residents passed an Open • Dobbs Ferry Village residents approved a $3 Space Bond for $10 million on April 23rd, million bond issue for open space preserva- 2002. tion in November 2001. • Pittsford Town - Town council passed a bond • Ardsley Village residents approved a $1.5 measure, subject to permissive referendum, million bond issue for open space preserva- for $9.9 million available only for purchase tion in November 2001. of farmland PDR’s, in 1998. • New Castle Town residents approved a $2 • Macedon Town - Town council passed a million bond issue for open space preserva- farmland preservation bond, subject to per- tion in November 2002. missive referendum. County and Local Capital Funding for Rockland County Open Space and Farm Land Preservation: • Town of Orangetown residents voted in No- Suffolk County vember 2002, to approve a special open • For nearly 20 years, Suffolk County has com- space bond for $6.95 million to purchase a mitted $12 to $15 million a year in its an- specific 348 acre tract of land. nual capital budget to acquire open space Westchester County and farmland development rights, in addi- • Bedford Town - Residents approved a prop- tion to all its other revenue sources for open erty tax increase of 58 cents a year per space and farm land protection. $1000 of assessed value, to raise about $3 Westchester County million for open space preservation, Novem- • Starting with its 2001 budget, the Cortlandt ber 2000. Town Board decided to put 10 percent of its • Irvington Village - Residents approved a $3 annual budget surplus in an open space fund. million bond issue for open space preserva- • Starting in 1998, Westchester County Execu- tion, November 2000. tive Andrew Spano put $5 million a year for

49 Local Open Space Planning Guide five years in the county’s capital budget. In which have now been fully committed and no longer the spring of 2001, he modified that, an- available for new projects. nouncing instead that he would put $10 mil- Clean Water State Revolving Fund (CWSRF) lion a year for five years. In 2002, the Clean Water State Revolving Fund • In January 2001, the White Plains City mayor (CWSRF) was expanded to provide not-for-profit and Common Council created a $5.5 million organizations a mechanism to fund land acquisition dedicated open space fund through their projects that protect and enhance water quality and capital budget process. preserve open space. The CWSRF’s low interest State Programs rate financing, which can save a substantial amount on project costs, has previously only been available Environmental Protection Fund (EPF) to municipalities. In 1993, the Legislature enacted the Environ- The CWSRF has been successfully used by mental Protection Act. The Act created for the first municipalities on both Long Island and in Westchester time in the state’s history a permanently dedicated County for land acquisition protects that protect and Environmental Protection Fund (EPF) to meet many enhance water quality. For example, the City of Rye of the state’s pressing environmental needs, includ- in Westchester County used a $3.1 million SRF short- ing: the acquisition of priority open space projects term, zero-interest loan to acquire and protect cru- listed in the State Open Space Conservation Plan; cial land in the Long Island Sound Estuary. This land work on the identification, research and conserva- acquisition, recommended in the Comprehensive tion of the state’s biological diversity; the munici- Conservation and Management Plan for the Long pal parks and historic preservation grant program Island Sound, will protect water quality and preserve administered by OPRHP; local farmland protection and improve the waterfront, tributaries and wetlands projects administered by the Department of Agri- within the city. culture and Markets; local waterfront revitalization projects administered by the Department of State, The CWSRF, administered by the State Envi- and more recently, stewardship funding for DEC and ronmental Facilities Corporation (EFC) and DEC, OPRHP’s land and facility holdings and implemen- was created in 1987 through an amendment to the tation of the Hudson River Estuary Action Plan. federal Clean Water Act. The amendment enabled states to establish loan funds to finance water qual- The EPF has grown substantially, from $31.5 ity improvement projects, including traditional waste- million in appropriations in 1994, to its current annual water treatment facilities, programs that reduce non- funding level of $250 million. point sources of pollution such as land acquisition, The acquisition of open space conservation and projects identified in Comprehensive Conserva- projects is provided for in Title 3 of Article 54 of tion and Management Plans approved by the U.S. the Environmental Conservation Law. Conserva- Environmental Protection Agency. In New York, tion of priority open spaces by either DEC or OPRHP these include the Long Island Sound, NY/NJ Har- is authorized by this law. Title 9 of Article 54 au- bor and Peconic Bay Estuaries. thorizes OPRHP to administer a matching grants pro- In May, 2003, the Open Space Institute, a non- gram for municipal parks, recreation and historic profit conservation organization, reached an agree- preservation projects. ment to acquire the 10,000-acre Tahawus property, Revenues to support the Environmental Pro- strategically located on the southern gateway to the tection Fund include proceeds resulting from a por- High peaks region of the Adirondack Park. The prop- tion of the existing real estate transfer tax, refinanc- erty also contains the headwaters of the Hudson ing of state and public authority obligations, sale of River as well as many other water bodies. Under surplus State lands as authorized by State law, sale the innovative arrangement, OSI will borrow funds or lease of State owned underwater lands and rev- from the CWSRF to purchase the property, and work enues from a conservation license plate program closely with the State to transfer portions of the prop- dedicated to open space conservation land projects. erty to the State Forest Preserve, while the remain- ing portions will be protected by a working forest Clean Water/Clean Air Bond Act conservation easement. This is the first instance of The Clean Water/Clean Air Bond Act, passed a non-profit conservation organization in New York by referendum in November of 1996, provided sig- using the CWSRF to finance the acquisition of land nificant resources for several open space programs, which protects water quality. Local Open Space Planning Guide 50 Increased use of the SRF by local governments quired to develop and maintain a State Comprehen- and qualified land trusts and conservation organi- sive Outdoor Recreation Plan (SCORP). This policy zations can provide a significant new source of fund- and assessment document and this Open Space Plan ing for the protection of locally important open space provides the guidance for the allocation of LWCF resources that improve water quality. monies. Gifts and Donations Revenues from federal offshore oil and gas leas- Gifts and donations are an important way for ing, up to a maximum of $900 million are credited to individuals and businesses to contribute directly to the LWCF account. From a high point in 1979, when the conservation of open space. Gifts and donations the states received $370 million and New York re- of land, in fee or easement, can be made to qualified ceived $23.6 million, allocations to the states were not-for-profit organizations and local, state and fed- eliminated in federal fiscal year 1996 through 1999. eral governments. Gifts of funds for acquisition of Demand, however, has not decreased, as evidenced lands can also be made, and can be targeted to spe- by the requests for park acquisition and develop- cific acquisition proposals. Some private foundations ment under the EPF. have been particularly active and important in land Pittman-Robertson Program conservation in New York State. Foundation fund- The federal Aid in Wildlife Restoration Act, com- ing may continue to be an important source of con- monly known as the Pittman-Robertson program, was servation funds in the future. signed into law in 1937. It is funded by an 11% ex- The Natural Heritage Trust is a public benefit cise tax on rifles, shotguns and archery equipment corporation of the State of New York that can ac- and a 10 percent excise tax on handguns. This money cept private sector gifts and funds for the preserva- is apportioned to the states and is earmarked for tion, protection, and enhancement of the natural and wildlife conservation and hunter education. historic resources for parks, recreation and historic pres- NewYork’s share of about $3.6 million annually is ervation purposes. This provides an opportunity for currently committed to: habitat protection, sportsmen OPRHP and DEC to promote public/private coopera- education and wildlife management. tion. Rivers, Trails and Conservation Federal Programs Assistance Program Land and Water Conservation Fund (LWCF) The National Park Service administers the Riv- Since 1965, New York’s bond act funds for ac- ers, Trails and Conservation Assistance Program that quisition of land and development of outdoor recre- helps citizens and communities develop and imple- ation facilities have been coupled with monies allo- ment local Greenway and Trail projects. For example, cated to the states by the U.S. Department of the in New York State the program helped with the cre- Interior from the Land and Water Conservation Fund ation of both the Genesee Valley Greenway and the (LWCF) for land acquisition and development for Hudson River Greenway. outdoor recreation. During the 1960’s and 1970’s, Sport Fish Restoration Program the LWCF helped stretch state dollars for acquisi- The federal Sport Fish and Restoration Act, com- tion and development of outdoor recreation land. monly known as the Dingell-Johnson Program Since 1965, New York State has received more than amended by the Wallop-Breaux Act, provides for the $201 million from this fund. collection of excise taxes on fishing tackle, imported Under the provisions for the administration of yachts and motor boat fuels. Funds are returned to the LWCF, the state or municipality must provide a the states by the U.S. Fish and Wildlife Service for 50/50 match against the federal funds. States also use in fisheries management and research programs. have the option of passing the federal funds through New York receives about $4.9 million annually which to local governments on a matching basis. In this currently is committed to the following projects: de- way, the federal program provides an incentive to velopment and management of New York’s fresh- the states and their local governments to establish a water and marine fisheries resources, habitat pro- source of funds with which to match the federal dol- tection, boating access, and Lake Champlain. The lars. Thus, the combination of LWCF monies and money generally supports staff, non-personal service state and local monies has totaled more than $6 bil- costs and design and maintenance for boating ac- lion nationally since 1965. Further, the state is re- cess facilities.

51 Local Open Space Planning Guide Transportation Efficiency Act (TEA-21) using Forest Legacy funds to enhance the state’s TEA-21 provides for about $500 million to be Working Forest program and conserve important allocated from the Highway Trust Fund for enhance- forest resources. Projects that have been under- ments such as acquisition, rehabilitation and opera- taken using Legacy funds include the Taconic tion of historic transportation facilities, of scenic Ridge, Sterling Forest, the New York City Water- easements, conversion of abandoned railways to shed in the Catskills and projects in the Tug Hill trails, bicycle and pedestrian facilities, removal of and Adirondack Park. There is strong emphasis outdoor advertising, archaeological planning, and in the program on the purchase of conservation scenic byways. New York State received $110 mil- easements from willing sellers. To the extent fea- lion over a 5-year period from the transportation en- sible, the federal share does not exceed 75% and hancements component and other funds for the states and other participating entities provide the CMAQ component. In addition, New York State has remaining 25%, according to Forest Service been awarded $1.8 in Scenic Byway Grants and $4.4 guidelines. million for the Recreational Trails Program compo- Eligible forest lands include those with one nent. or more resource values, such as scenic, recre- Farm Security and Rural Investment Act ational, cultural and ecological values, as well as Several sections of the Farm Security and Rural riparian areas, fish and wildlife habitats and threat- Investment Act, signed in May 2002, provide funding ened and endangered species. Potentially eligible beneficial to New York State’s open space program. lands also should provide opportunities for tradi- Below are examples of such federal programs: tional forest uses, such as timber management and forest-based recreation. The existence of an im- Wetland Reserve Programs. The Wetlands Re- minent threat of conversion would be a primary serve Program (WRP) was added to the Farm Bill consideration for eligibility and the land should in 1990 and also reauthorized under the 1995 and possess strong environmental values. 2002 farm bills. The WRP provides financial in- centives for restoration and protection of up to All such easements acquired will meet the 2.275 million acres of wetlands. The 2002 reau- conservation objectives and goals contained in thorization increased the acreage cap from one the State Open Space Plan, will limit subdivision million to 2.275 million acres. Technical assis- of the encumbered lands, will provide for perma- tance is also provided to help develop restoration nent forest cover subject to sustainable harvest- and management plans. There are three contract ing of timber and timber products using practices options available to landowners: permanent ease- consistent with state laws and regulations, will ment, 30 year easement, or restoration agreement. prohibit all residential, significant surface disturb- For permanent easements, 100% of all eligible ing mining and drilling, commercial and indus- costs and the appraised agricultural value of the trial uses except for silvicultural activities and land is paid. For 30 year easements, 50-75% of associated natural resource management activi- eligible costs and the appraised land value is paid. ties. On restoration agreement, no easement is pur- In 2002, the existing Hudson Highlands chased, but 75% of restoration costs are paid by Legacy area was expanded to encompass a large the Natural Resource Conservation Service geographic area ranging from the New York/New (NRCS) and the landowner agrees to maintain Jersey/Pennsylvania border, across the Hudson compatible practices for 15 years. River to the Connecticut border where it now Forest Legacy Program. The Forest Legacy links with the expanded Taconic Ridge Forestry Program was established in federal law in the for- Legacy area. Other approved Legacy areas in New estry title of the 1990 Farm Bill. It is designed to York incude the Northern Forest (Tug Hill and identify and protect environmentally sensitive for- Adirondack region), Taconic Ridge, Delaware ests that are threatened with conversion to non- Catskill Watershed and Long Island Pine Barrens. forest uses. The law authorizes the Forest Ser- Farmland Protection Program. Section 388 of vice, through the Secretary of Agriculture, to ac- the Federal Agricultural Improvement and Re- quire land and conservation easements from will- form Act of 1996 established the Farmland Pro- ing sellers, in cooperation with participating tection Program (FPP). The Commodity Credit states. Under the state grant option, New York is Corporation (CCC) administers the program un-

Local Open Space Planning Guide 52 der the USDA Natural Resources Conservation establish a Forest Land Enhancement Program Service. The program provides cost-share assis- for the purposes of providing financial assistance tance to states, tribes, and units of local govern- to state foresters, and encouraging the long-term ment for the acquisition of conservation ease- sustainability of non-industrial private forest land ments or other interests in prime, unique, or other in the U.S. by assisting owners in actively man- productive soil for the purpose of limiting non- aging land and related resources through the use agricultural uses on that land. of state, federal and private sector resource man- Since 1996, the program has provided $53.4 agement expertise, financial assistance and edu- million nationwide to protect 108,000 acres. In cational programs. the 2002 Farm Security and Rural Investment Act, Conservation Security Program CSP). The 2002 the new funding is a nearly 20-fold increase over Federal Farm Bill establishes this new program the amount committed to this program since the for fiscal years 2003 through 2007 to reward last farm bill. The federal program will be under- stewardship and provide an incentive for address- taken in New York State in conjunction with the ing additional resource concerns on agricultural State Farmland Protection Program. working lands. Forest Stewardship Program. The Forest Stew- Urban and Community Forestry Program. The ardship Program (FSP) helps nearly 500,000 non- Urban and Community Forestry Program (UCFP) industrial private forestland (NIFP) owners who provides the leadership, in cooperation with own 85% of the New York’s forestland better states, for improving and expanding urban for- manage and use their forest resources. Under FSP, est ecosystems in the nation’s 45,000 towns and every state has developed and is implementing a cities where 80% of the population of our coun- comprehensive management program to ensure try resides. The program provides leadership for that private forest lands are managed under pro- state of the art technology and grants to urban fessional developed forest stewardship plans. A areas to improve their quality of life through tree companion program, the Forest Land Enhance- planting, maintenance and urban tree protection ment Program, authorized by the 2002 federal actions. Farm Security and Rural Investment Act will pro- The Conservation Reserve Program (CRP). Pro- vide an opportunity for owners to obtain financial vides technical and financial assistance to eli- and technical assistance to implement projects rec- gible farmers and ranchers to address soil, wa- ommended in Stewardship plans. Conservation ter, and related natural resource concerns on their districts recommend extending FSP and increas- lands in an environmentally beneficial and cost- ing its funding authorization to $50 million annu- effective manner. The program provides assis- ally. tance to farmers and ranchers in complying with Forest Land Enhancement Program. The U.S. Federal, State, and tribal environmental laws, and derives tremendous benefits from nonindustrial encourages environmental enhancement. private forest (NIPF). NIPF lands include all pri- The Conservation Reserve Program reduces vate forest ownerships above one acre that do , protects the Nation’s ability to pro- not contain a wood processing facility. Given that duce food and fiber, reduces sedimentation in the management of these forests has a tremen- streams and lakes, improves water quality, es- dous influence on the quality of our nation’s wa- tablishes wildlife habitat, and enhances forest and ter, watersheds, air, wildlife and timber resources, wetland resources. It encourages farmers to con- the owners of these lands must be provided the vert highly erodible cropland or other environ- resources they need to assure proper manage- mentally sensitive acreage to vegetative cover, ment. such as tame or native grasses, wildlife plantings, A recent survey of landowners with Forest trees, filterstrips, or riparian buffers. Stewardship Plans indicates that landowners with The 2002 Federal Farm Security and Rural such plans are almost three times more likely to Investment Act funds the Conservation Reserve implement their plans if they receive financial and/ Program at $1.517 billion and reauthorizes the or technical assistance than if they don’t. program through 2007. The acreage cap for this The 2002 Farm Security and Rural Invest- program has been increased from 36.4 million ment Act directs the Secretaryof Agriculture to to 39.2 million acres. The reauthorization retains

53 Local Open Space Planning Guide program priority areas and expands wetlands pi- likely to be affected by floods are good candi- lot projects to one million acres with all states dates for open space protection and should be eligible. considered in an open space plan. DEC has the Environmental Quality Incentives Program authority to provide technical assistance to mu- (EQIP). The Environmental Quality Incentives nicipalities that want to qualify for the NFIP. This Program (EQIP) was established in the 1996 assistance may involve the preparation of a flood- Farm Bill to provide a voluntary conservation plain management plan, regulations or program for farmers and ranchers who face seri- stormwater management. Identifying floodways ous threats to soil, water, and related natural re- and floodplains where development cannot oc- sources. In the 2002 Federal Farm Security and cur without expensive floodproofing of new Rural Investment Act reauthorization, EQUIP structures, may help to preserve these areas in has been funded at $9 million. open space. In turn, this will help to retain flood- waters in the floodplain rather than pass them Wildlife Habitat Incentives Program (WHIP). downstream at increased velocity and with in- The Wildlife Habitat Incentives Program (WHIP) creased potential to do damage, as so often oc- is a voluntary program that encourages creation curs when floodplains are intensively developed. of high quality wildlife habitats that support wild- Creative stormwater management can serve mul- life populations of national, state, tribal and lo- tiple objectives including erosion and sediment cal significance. Through WHIP, the Natural Re- control, water quality management, flood con- sources Conservation Service (NRCS) provides trol, open space preservation and visual enhance- technical and financial assistance to landowners ment. For example, a system of stormwater re- to create upland, wetland, riparian and aquatic tention ponds in a new development can be aes- habitat areas on their property. Since 1996, ap- thetically pleasing and can serve as a stormwater proximately $62.5 million have been spent management system. through this program to provide cost-share pay- ments on 1.6 million acres. The reauthorization The NFIP is useful for open space plan- of the Federal Farm Security and Rural Invest- ners because it can help identify floodplain ar- ment Act provides $700 million for this program, eas that need protection. Good resource protec- which is greater than a 10-fold increase over the tion is always a superior alternative to insurance amount committed to this program since the last and ideally, protection and insurance should be farm bill. used together. National Flood Insurance Program (NFIP). Coastal and Estuarine Land Conservation Pro- NFIP enables property owners to purchase af- gram (CELCP). This federal program, authorized fordable flood insurance. The program is admin- in 2002, is administered by the National Oce- istered by the Federal Emergency Management anic and Atmospheric Administration (NOAA). Agency (FEMA). The program works by identi- This grant program provides funds for projects fying communities that are likely to have floods; that protect important coastal and estuarine ar- in New York State, all but a few communities eas based on the completion of state coastal and are in this category. FEMA identifies flood haz- estuarine land conservation plans. NOAA will ard areas and then offers the local government work closely with coastal states and territories the opportunity to participate in the program. If to effectively implement this program. the community decides not to participate, no fed- eral disaster assistance will be available. If the Resources: community participates in the program, it must Metropolitan Conservation Alliance. 2002. agree to adopt and enforce floodplain manage- Conservation Area Overlay District, A Model Lo- ment measures to reduce the risk of flood dam- cal Law. Technical Paper Series, No. 3. Bronx, New age in return for having affordable flood insur- York. 46pp. ance available for purchase by people in the com- munity. The floodplain regulations provide pro- For more information on how to use stormwater tection from flooding by requiring new structures management facilities to enhance development to be elevated above damaging flood levels or to projects and preserve open space, see the DEC hand- be structurally flood proofed. Areas which are book, Reducing the Impacts of Stormwater Runoff

Local Open Space Planning Guide 54 from New Development. Another useful stormwater management assistance tool is the NYS Stormwater Management Design Manual. Nolon, John R., Land Use Law Center, Pace University School of Law, Preserving Natural Re- sources Through Local Environmental Laws: A Guidebook for Local Governments. Private Programs Private Sector Donations Many land trusts work with private landown- ers to protect land, often using funds raised from private donations to accomplish local conservation objectives. Community foundations and other phil- anthropic organizations are also sources of private funding for local open space conservation projects. Donations from the private sector can play a large role in open space planning activities. In addition to soliciting funds, an open space planning group can obtain materials from companies that can be used for trails or other conservation projects. For example, a local lumber store or forest owner could donate wood for a foot bridge. A company that makes signs may donate the design expertise and materials for a trailhead sign. A publishing or printing company might print copies of the final local open space plan. Utility companies may be willing to donate wood chips for trails.

55 Local Open Space Planning Guide Local Open Space Planning Guide 56 CONTACT LIST National Park Service Philadelphia Support Service FEDERAL AGENCIES 200 Chestnut Street, 3rd Floor Philadelphia, PA 19106 US Department of the Interior (215) 597-7995 Bureau of Land Management www.ncrc.nps.gov 1849 C Street, NW, LS-406 National Park Service Washington, DC 20240 NY Metropolitan Area Field Office (202) 208-3801 Waterways and Trailways www.blm.gov 1 Bronx River Parkway US Department of the Interior Bronx, NY 10462 US Fish and Wildlife Service (718) 430-4668 Northeast Regional Office 5 www.ncrc.nps.gov 300 Westgate Center Drive US Department of Agriculture Hadley, MA 01035 Wildlife Services (413) 253-8200 1930 Route 9 www.fws.gov Castleton, NY 12033 (518) 477-4837 US Department of the Interior www.usda.gov NY Ecological Services Field Station US Department of Agriculture 3817 Luker Road US Forest Service Cortland, NY 13045 Northeastern Research Station (607) 753-9334 11 Campus Boulevard, Suite 200 www.r5es [email protected] Newtown Square, PA 19073-3200 (610) 557-4103 US Department of the Interior www.na.fs.ned.us US Geological Survey 12201 Sunrise Valley Drive US Department of Agriculture National Center Natural Resources Reston, VA 20192 Conservation Services (703) 648-4000 441 South Salina St. Ste 354 www.usgs.gov Syracuse, NY 13202 (315) 477-6524 US Department of the Interior www.ny.nrcs.usda.gov Geological Survey Albany District Office US Army Corps of Engineers Leo W O’Brien Federal Building 1766 Niagara Street Albany, NY 12207 Buffalo, NY 14207-3199 (518) 431-4341 (716) 879-4200 www.usgs.gov www.lrb.usace.army.mil National Park Service US Army Corps of Engineers Rivers & Trails Program NY District 4097 Albany Post Road 26 Federal Plaza Hyde Park, NY 12538 New York, NY 10278 (845) 229-9115 (212) 264-0100 www.ncrc.nps.gov www.nan.usace.army.mil US Environmental Protection Agency National Park Service Region 2 Boston Support Office 290 Broadway 15 State Street New York, NY 10278-0090 Boston, MA 02109-3572 (212) 637-3000 (617) 223-5051 www.epa.gov/region02 www.ncrc.nps.gov Wetlands Protection

57 Local Open Space Planning Guide NYS AGENCIES Office of Natural Resources (518) 402-8560 Adirondack Park Agency Office of Natural Resources Planning State Route 86 (518) 402-9405 Ray Brook, NY 12977 (518) 891-4050 Division of Lands and Forests www.northnet.org/adirondackparkagency/ (518) 402-9405 NYS Thruway Authority Division of Fish, Wildlife & Marine Canal Recreationway Commission Resources - (518) 402-8924 200 Southern Boulevard Division of Mineral Resources Albany, NY 12201-0189 (518) 402-8076 (518) 436-3055 www.canals.state.ny.us Bureau of Marine Resources 205 Belle Meade Road Cornell Cooperative Extension East Setauket, NY 11733 (607) 255-2237 (516) 444-0430 www.cce.cornell.edu Hudson River Estuary Section Cornell Institute for Resource 21 South Putt Corners Road Information Systems New Paltz, NY 12561-1696 Center for the Environment (845) 256-3016 Cornell University Region 1 302 Rice Hall SUNY Campus Loop Road, Building 40 Ithaca, NY 14853 Stony Brook, NY 11790-2356 (607) 255-6520 or 255-4662 (631) 444-0270 http://cfe.cornell.edu/ciris/ Region 2 NYS Department of Agriculture & 1 Hunters Point Plaza 4740 21st Street Markets Agricultural Protection and Long Island City, NY 11101-5407 Development Services (718) 482-4900 1 Winners Circle Albany, NY 12235 Region 3 (518) 457-7076 21 South Putt Corners Road www.agmkt.state.ny.us New Paltz, NY 12561-1696 (845) 256-3000 NYS Department of Agriculture & Markets NY Soil and Water Conservation Districts Region 4 1 Winners Circle 1150 North Westcott Road Albany, NY 12235 Schenectady, NY 12306-2014 (518) 457-3738 (518) 357-2234 www.agmkt.state.ny.us Region 5 Department of Empire Route 86, PO Box 296 State Development Ray Brook, NY 12977-0296 30 South Pearl Street (518) 897-1276 Albany, NY 12206 Region 6 (518) 292-5100 State Office Building www.empire.state.ny.us 317 Washington St. Watertown, NY 13601 NYS Department of (315) 785-2263 EnvironmentalConservation 625 Broadway Region 7 Albany, NY 12233 615 Erie Boulevard West www.dec.state.ny.us Syracuse, NY 13204-2400 (315) 426-7400

Local Open Space Planning Guide 58 Region 8 NYS Office of General Services 6274 East Avon-Lima Road Bureau of Land Management Avon, NY 14414 Corning Tower (585) 226-2466 Empire State Plaza Region 9 Albany, NY 12242 270 Michigan Avenue (518) 474-2195 Buffalo, NY 14203-2999 www.ogs.state.ny.us (716) 851-7000 NYS Office of Parks, Recreation NYS Department of State & Historic Preservation (OPRHP) Division of Coastal Resources and Empire State Plaza - Agency Building 1 Waterfront Revitalization Albany, NY 12238 41 State Street (518) 474-0456 (General Information) Albany, NY 12231-0001 Bureau of Resource and Facility Planning (518) 474-6000 (518) 474-0414 www.dos.state.ny.us www.nysparks.state.ny.us NYS Department of State Region Office of Local Government Allegany State Park 41 State Street 2373 ASP Route 1, Suite 3 Albany, NY 12231-0001 Salamanca, NY 14779 (518) 473-3355 (716) 354-9101 www.dos.state.ny.us Genesee Park Region 1 NYS Department of Transportation Castile, NY 14427-1124 State Campus, Building 5 (716) 493-3600 Albany, NY 12232 General Information (518) 457-5100 Niagara Frontier Region www.dot.state.ny.us PO Box 1132 Prospect Street Hudson River Valley Greenway Niagara Falls, NY 14303 Communities Council (716) 278-1770 State Capitol Room 254 Central New York Park Region Albany, NY 12224 6105 East Seneca Turnpike (518) 473-3835 Jamesville, NY 13078-9516 [email protected] (315) 492-1756 Finger Lakes Park Region Greenway Conservancy for the 2221 Taughannock Park Road Hudson River Valley PO Box 1055 State Capitol - Room 254 Trumansburg, NY 14886-1055 Albany, NY 12224 (607) 387-7041 (518) 473-3835 www.hudsongreenway.state.ny.us Long Island Park Region Lake George Park Commission PO Box 247 PO Box 749 Babylon, NY 11702-0247 Fort George Road (516) 669-1000 Lake George, NY 12845 (518) 668-9347 Saratoga/Capital District Park Region www.lgpc.state.ny.us 19 Roosevelt Drive Saratoga Springs, NY 12866-2000 (518) 584-2000

59 Local Open Space Planning Guide Taconic Park Region PO Box 308 Staatsburg, NY 12580 (914) 889-4100 Park Region 45165 NYS Route 12 Alexandria Bay, NY 13607 (315) 482-2593 New York City Park Region 679 Riverside Drive Manhattan, NY 10031 (212) 694-3608 Palisades Interstate Park Commission Administrative Building Bear Mountain, NY 10911-0427 (845) 786-2701 OPRHP Historic Preservation Field Services Bureau Peebles Island PO Box 219 Waterford, NY 12188 (518) 237-8643 Tug Hill Commission 317 Washington Street Watertown, NY 13601-3741 (315) 785-2570 www.tughill.org Long Island Pine Barrens Commission 3525 Sunrise Highway PO Box 587 Great River, NY 11739-0587 (631) 563-0385 www.pb.state.ny.us

Local Open Space Planning Guide 60 OTHER SOURCES OF ASSISTANCE

Audubon New York. Local chapters may be able County Environmental Management Councils. to provide information about local biological re- Many New York State Counties have active Envi- sources. (www.ny.audubon.org) ronmental Management Councils. EMCs work closely with local governments, communities, and The American Farmland Trust. A nonprofit orga- other county agencies to foster environmental pro- nization that works with farmers, business people, tection, while also advising decision-makers on en- legislators and conservationists to encourage sound vironmental matters. Some EMCs have taken pro- farming practices and to preserve agricultural re- active, leadership roles in watershed protection pro- sources. This organization publishes a quarterly grams throughout their counties. (www.nysaemc.org) magazine titled, “American Farmland” and infor- mative brochures about protection options for agri- County Soil and Water Conservation Districts cultural land. A helpful guidebook, Agricultural and (SWCDs). Most counties have a Soil and Water Farmland Protection for New York, is also avail- Conservation District which promotes the reduction able from the American Farmland Trust, Northeast of soil erosion, nonpoint source pollution and asso- Office, Six Franklin Square, Suite E, Saratoga ciated environmental impacts. SWCDs have begun Springs, NY 12866. (www.farmland.org) to assume a broader role in local environmental man- The Association of State Wetland Managers. This agement and should be contacted to obtain infor- group has produced the Wetland and Watershed Pro- mation about a community’s farms, watersheds, tection Toolkit: A Compilation of Guidance Materi- lakes, rivers and shorelands. Technical assistance als for Local Government in New York State in 2002. opportunities also should be explored. Phone (518) To order the toolkit, contact the Association of State 457-3738. (www.nys-soilandwater.org) Wetland Managers, Inc., PO Box 269, Berne, NY County Water Quality Coordinating Commit- 12023-9746, (518) 872-1804 or visit ASWM’s tees. Most counties also have a water quality coor- website. (www.aswm.org) dinating committee charged with preparing a water Center for Watershed Protection is a non-profit quality strategy and overseeing its implementation. 501(c)3 corporation that provides local govern- In 1992, federal Clean Water Act funds were allo- ments, activists, and watershed organizations around cated to each county committee in the state for the the country with the technical tools for protecting purpose of developing county water quality strate- some of the nation’s most precious natural resources: gies. Most water quality coordinating committees our streams, lakes and rivers. The Center has devel- have members from the county soil and water con- oped and disseminated a multi-disciplinary strategy servation district, the county department of health, to watershed protection that encompasses watershed the local or county planning boards, lake associa- planning, watershed restoration, stormwater man- tions and other organizations such as the environ- agement, watershed research, better site design, edu- mental management council. They work on imple- cation and outreach, and watershed training. menting specific projects that have been identified (www.cwp.org) in the county water quality plan and they address watershed issues as they arise. This organization can Community Watershed Groups. Some watersheds be contacted for information about the watersheds and streams have been “adopted” by community- in a community and for suggestions about how to based watershed groups. Watershed groups are typi- protect them in an open space plan. cally a locally-led group that draws together a di- verse set of interests and technical capabilities to . Local chapters may be able to accomplish watershed protection and restoration provide information about local biological resources. goals. (www.ducks.org) Conservation Technology Information Center. Con- Hudsonia, Ltd. is a non-profit, science-based re- tains Know Your Watershed guides, and informa- search organization that works throughout the tion on Building Local Partnerships and Putting To- Hudson Valley and beyond. In 2001, they produced gether a Watershed Management Plan. the Biodiversity Assessment Manual for the Hudson (www.ctic.purdue.edu/CTIC/CTIC.html) River Estuary Corridor, which was published by

61 Local Open Space Planning Guide NYS DEC. It is an excellent resource for communi- serve river and trail corridors. The program provides ties in the Hudson Valley, including techniques to technical assistance. Park Service staff participate identify, prioritize and protect important ecologi- in active conservation efforts, they provide assistance cally significant habitats. Hudsonia, Ltd., Bard Col- with preparing inventories of river and trail corri- lege, Box 5000, Annandale, NY 12504, (845) 758- dors and they provide assistance with developing and 7053. (www.hudsonia.org) implementing conservation plans. Contact: NYS Office, Roosevelt-Vanderbilt National Historic Site, Hudson River Estuary Program. Provides tech- 4097, Albany Post Road, Hyde Park, NY 12538, nical assistance to communities in the Hudson Val- (845) 229-9115. (www.nps.gov./ncrc) ley for protecting biodiversity, including informa- tion and interpretation. Contact the Estuary Program Natural Resource Conservation Service (NRCS). at NYS Department of Environmental Conservation, Contains downloadable versions of National Water- 21 South Putt Corners Road, New Paltz, NY 12561, shed Manual and “Aging Watershed Infrastructure” (845) 256-3016. (www.dec.state.ny.us) documents and provides information on Watershed Protection and Flood Control Operations, Watershed The Hudson River Valley Greenway. Provides Surveys and Planning, Wetlands Conservation Com- funding and technical assistance for trail develop- pliance, Wetlands Reserve Program and Wildlife ment and community planning to municipalities in Habitat Incentives Program. (www.nrcs.usda.gov) the Hudson Valley. Greenway staff work with mu- nicipalities and local groups to help them realize their The Nature Conservancy. The world’s largest non- vision for a trail network in their community. Other profit conservation organization, it has five New public and private trail organizations should be con- York offices separated by region. An office closest tacted to determine who will have the responsibility to you can be found on the The Nature Conservancy of maintaining the trail. Contact: State Capitol, Room website. The New York Office is at 415 River Street, 254, Albany, NY 12224, (518) 473-3835. 4th Floor, Troy, NY 12183, (518) 273-9408. (www.hudsongreenway.state.ny.us) (www.nature.org) Invasive Plant Council of New York State. Pro- New York Natural Heritage Program. Is a joint vides information on the effects of invasive plants program of the NYSDEC and The Nature Conser- on biodiversity, their alternatives for gardeners and vancy. The Heritage program inventories the state greenhouses that carry native plants. Located at the for rare plant and animal species, as well as exem- New York State Office of The Nature Conservancy, plary natural communities. The New York Program 415 River Street, 4th Floor, Troy, NY 12180, (518) is part of NatureServe, the Network of Heritage Pro- 271-0346. (www.ipcnys.org) grams in the US and Canada. Contact: New York Natural Heritage Program, 625 Broadway, 5th Floor, Land Trust Alliance of New York. To find a land Albany, NY 12233-4757, (518) 402-8935. trust near you contact the LTA of New York at PO (www.nynhp.org) Box 792, Saratoga Spring, NY 12866, (518) 587- 0774. (www.lta.org) New York State Biodiversity Research Institute. BRI is a clearinghouse for biological information. Lincoln Institute of Land Policy. The Lincoln In- The BRI is located in the New York State Museum, stitute of Land Policy is a nonprofit educational in- CEC 3140, Albany, NY 12203, (518) 486-4845. stitution established in 1974 to study and teach land (www.nysm.nysed.gov/bri) policy and taxation. By supporting multidisciplinary educational, research and publications programs, the New York State Department of Agriculture and Institute brings together diverse viewpoints to ex- Market’s Division of Agricultural Protection and pand the body of useful knowledge in two depart- Development Services. Has the responsibility for ments—valuation and taxation, and planning and de- providing technical assistance to county agricultural velopment. Contact: Lincoln Institute of Lan Policy, and farmland protection boards. Assistance program 113 Brattle Street, Cambridge, MA 02138-3400. information is available on the website. If a county (www.lincolninst.edu) agricultural and farmland protection board exists, it may be in the process of preparing an agricultural The National Park Service Rivers and Trails Con- protection plan. This board can assist with the prepa- servation Assistance Program. This program helps ration of the inventory and the open space plan. states, communities and private organizations con- (www.agmkt.state.ny.us) Local Open Space Planning Guide 62 New York State Department of State Coastal Pro- Quality Communities Clearinghouse Website. To gram. This program provides funding and technical make it easier for all communities to take advantage assistance to coastal communities for water quality of State programs and assistance, the 25 State agency and aquatic habitat protection and restoration. NYS members of the Quality Communities Interagency DOS Coastal also works with communities to develop Working Group collaborated with the Department Local Waterfront Revitalization Plans. For more in- of State to create a Quality Communities Clearing- formation contact: Division of Coastal Resources, 41 house Website. The Clearinghouse provides instant State Street, Albany, NY 12231-0001, (518) 474-6000; access to grant information, technical assistance, suc- Fax: (518) 473-2464. (www.dos.state.ny.us/cstl/ cess stories, data, news and other tools designed to cstlwww.html) assist local governments, community organizations and citizens in their efforts to build Quality Com- New York State Department of Environmental munities. (www.dos.state.ny.us/QC) Conservation’s Division of Water. Protects water quality in lakes, rivers, aquifers and coastal areas by Resource Conservation Development Program. regulating wastewater discharges, monitoring This program is adminstered by The Natural Re- waterbodies and controlling surface runoff. Division sources Conservation Service (NRCS). Under this of Water manages availability of freshwater re- program, several Resource Conservation and Devel- sources, and helps communities prevent flood dam- opment Council offices have been established age and beach erosion, while also promoting water throughout the state to provide technical assistance stewardship and education. (www.dec.state.ny.us/ to farmers. This assistance encourages farmers to website/dow/index.html) continue to work their farms, thus allowing the com- munity to retain the open space benefits that the farm- Non-point Education for Municipal Officials is a land provides. (www.nrcs.usda.gov) program created at the University of Connecticut to educate local land use officials about the relationship The River Network contains a resource library with of land use decisions and natural resource protection. information on watershed protection and restoration, Much of the current focus is targeting town officials to links to major environmental organizations, state plan appropriately at both the town and site level to government agencies, federal agencies and U.S. Con- protect water quality. (www.nemo.uconn.edu) gress River and Watershed organizations and the annual River Rally conference that offers workshops Open Space Institute, Incorporated. The Open on river protection and restoration. Space Institute is a nonprofit land conservation or- (www.rivernetwork.org) ganization protecting significant recreational, envi- Scenic Hudson. Scenic Hudson’s mission is to en- ronmental, agricultural and historical landscapes sure that tomorrow’s Hudson River Valley - from throughout New York State. Establishing areas of Manhattan to the foothills of the Adirondacks - is emphasis throughout the State with particular focus environmentally and economically sustainable and on the Hudson River Valley, OSI has made substan- that its capacity to awe and inspire residents and tial positive impacts on the landscapes of the Hudson visitors is preserved forever. Contact: Scenic Highlands, Shawangunks, Catskills, Helderbergs and Hudson, 9 Vassar Street, Poughkeepsie, NY 12601, Adirondacks. Contact: Open Space Institute, 1350 (845) 473-4440. (www.scenichudson.org) Broadway, Room 201, New York, NY 10018-7799 or call (212) 629-3981. (www.osiny.org) Trout Unlimited. Local chapters that may be able to provide information about local biological re- Pace Land Use Law Center is a resource center sources. (www.tu.org) for land use planning law. Preserving Natural Re- sources through Local Environmental Laws: A Trust for Public Land. The Trust for Public Land Guidebook for Local Governments lists sample or- is a national nonprofit working exclusively to pro- dinances that have been implemented in New York tect land for human enjoyment and well-being. Con- State. It also hosts Community Leadership Alliance tact: The Trust for Public Land, 666 Broadway, 9th Training, which provides training for local leaders Floor, New York, NY 10012, (212) 677-7171. on land use issues and conflict resolution. Land Use (www.tpl.org) Law Center, Pace University School of Law, 78 United States Environmental Protection Agency’s North Broadway; White Plains, NY10603, (914) Office of Wetlands, Oceans and Watersheds. This 422-4262. (www.pace.edu/lawschool/landuse) website contain numerous links to programs de-

63 Local Open Space Planning Guide signed to help the public connect with and protect Large scale maps of the 18 primary aquifers in their local water resources. Here are a few examples Upstate New York, and of selected principal uncon- of the types of information contained within the solidated aquifers are also available in a series of website: Index of Watershed Indicators reports that can be viewed in DEC’s central office (www.epa.gov/watershed/waacademy), Model Ordi- in Albany in the Water Division’s Geotechnical Ser- nances (www.epa.gov/owow/nps/ordinance), Surf vices Section. These reports consist of a set of your watershed (www.epa.gov/owow/watershed), 1:14,000 scale maps describing the hydrogeology Protecting and Restoring America’s Watersheds of specific aquifers including locations of wells and (www.epa.gov/owow/protecting), and Watershed test holes, surficial geology, geologic cross-sections, Restoration (www.epa.gov/owow/restore). water table or piezometric altitude, saturated thick- ness of valley-fill aquifer, estimated well yields, land US Fish and Wildlife Service New York Ecologi- use and other parameters. These reports may be used cal Services Office. The New York Field Office is by State and local government agencies to facilitate responsible for managing all of the Service’s eco- water-management decisions and local open space logical programs and activities in the state of New planning. Primary aquifers are those that are highly York, including endangered species, environmental productive and presently used as a water supply contaminants, federal projects, permits and licenses, source by major municipal water supply systems. Partners for Wildlife, various outreach activities and Principal aquifers differ in that they are known to environmental coordination. Partners for Wildlife is be productive but they are not currently intensively a technical assistance program. The office also over- used as water supply sources for major municipal sees the Long Island ES Field Office in Islip, Long systems. Island, NY. (www.northeast.fws.gov/ny/nyfo.htm) U.S. Fish & Wildlife Service Wildlife Conservation Society. It has two pro- Ecological Services Office grams in New York: 3817 Luker Road Adirondack Communities and Conservation Cortland, New York 13045-9349 Program takes an regional approach to under- Telephone: (607) 753-9334 standing the linkages between community de- FAX: (607) 753-9699 velopment efforts, the surrounding natural en- U.S. Fish & Wildlife Service - Long Island vironment and other conservation issues within Ecological Services Office the Adirondack Park. A working paper de- P.O Box 608 scribes three case studies: Kretser, Heidi. Islip, NY 11751-0608 Adirondack Communities and Conservation Phone: (631) 581-2941 Program: Linking Conservation and Commu- Fax: (631) 581-2972 nities inside the Blue Line. WCS Working Pa- per No. 16, June 2001. Available for download United States Geological Survey’s numerous wa- from the website. Adirondack Communities and ter-related programs can be found on the website. Conservation Program; PO Box 26; Paul (www.water.usgs.gov) Smith’s, NY 12970 (518) 327-6989. The Upstate Groundwater Management (wwww.wcs.org/science) Program and the Long Island Groundwater Man- Metropolitan Conservation Alliance. A pro- agement Program. The location and potential yield gram of the Wildlife Conservation Society at of unconsolidated (sand and gravel) aquifers in New the Bronx Zoo that works with communities in York State have been mapped by the United States metropolitan New York City to identify impor- Geological Survey (USGS) in cooperation with tant biological resources. It has produced sev- DEC. These maps have been published on a scale eral technical papers that identify land use tools of 1:250,000 (one inch equals four miles) and are to protect nature 68 Purchase Street; Rye, NY sold by the USGS in five sheets covering upstate 10580, (914) 925-9164. (www.wcs.org/home/ New York. These maps, sometimes referred to as wild/northamerica/973/) strip maps, also contain a brief summary text and bibliography for the subject area. However, their scale limits their utility for site-specific interpreta- tions. Maps on a larger scale may be necessary, de- pending on their purpose.

Local Open Space Planning Guide 64 David A. Paterson Governor NYS Department of NYS Department of State Environmental Conservation Division of Local Government 625 Broadway One Commerce Plaza Albany, New York 12233 99 Washington Ave, 10th Floor, Suite 1015 Albany, New York 12231