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Barbara L. Hopkins, JD, ASLA
                    Executive Director
                     October 27, 2010




Copies available @www.neighborspacebaltimorecounty.org/Resources.html   1
• THE VAST MAJORITY OF
                                              COUNTY RESIDENTS LIVE
                                              WITHIN THE URDL (≈734,000+)
                                            • POPULATION IS DENSE
                                            • OPEN SPACE IS SCARCE

                                            • N/S CREATED IN 2002
                                            • MISSION ELEMENTS:
                                              o COMMUNITY PARTNERSHPS
                                              o PROTECTING “SMALL”
                                                 PARKS
                                                 GARDENS
                                                 NATURAL AREAS
                                              • FUNDING:
                                                o COUNTY ORDINANCE
                                                  REQUIRING 1000 SF OF
                                                  OPEN SPACE/DWELLING
                                                  UNIT OR PAYMENT OF
                                                  “FEE IN LIEU.”
                                                o N/S MAY RECEIVE UP TO
                                                  10% OF FEES COLLECTED.*
*Baltimore County Code, Section 32-6-108.                               2
• “THE LARGEST ESTATE & MOST
                                                                  EXTENSIVE INTEREST THAT
                                                                  CAN BE ENJOYED IN LAND.”*
                                                                • VERY FEW RESTRICTIONS ON
                                                                  OWNER’S “BUNDLE OF
                                                                  RIGHTS.”




                                                                • A RESTRICTION ON THE
                                                                  OWNER’S RIGHT TO USE THE
                                                                  PROPERTY.
                                                                • WITH CONSERVATION
                                                                  EASEMENTS** USE RIGHTS ARE
                                                                  RESTRICTED “IN PERPETUITY.”



 * Black’s Law Dictionary, 5 th ed.
** A conservation easement is a legal agreement between a landowner and a nonprofit land trust and/or government entity3
   that permanently limits the uses of the land in order to protect specified conservation values.
NeighborSpace Sites
                                                             Urban Rural
                                                             Demarcation Line
                                                             (URDL)
                                                             Council Districts




                                              HAMPTON LANE
                PRESERVE
                BRANCHWOOD
TOLLGATE
WYNDHAM                                                 MEMORIAL
                             EAST PENN. AVE

                                                        GREENBRIER
                                                  EAST AVE


  GWYNN OAK
     AVE                     VOLZ PARK


ROBIN HILL RD




                                                                                   4
TRANSACTION      POTENTIAL BENEFITS TO L/O           RESPONSIBILITIES OF L/T
    TYPE

FEE SIMPLE    • Receives current cash value of total • Baseline documentation
PURCHASE        parcel                               • Recruitment/training of
              • Elimination of property taxes          property manager
                                                     • Annual monitoring
EASEMENT      • Receives current cash value of       • Ongoing
PURCHASE        easement                               landowner/community
              • Likely reduction in property taxes     manager relationships
FEE SIMPLE    • Elimination of property taxes        • Liability/conservation
DONATION      • Federal and State income tax           defense insurance
                deductions                           • Enforcement
              • Federal and State estate/            • Dedication ceremonies
                inheritance tax reductions           • Signs
                                                     • Brochures
EASEMENT      • Abatement of property taxes (5       • Maps
DONATION        yrs, renewable)                      • Fundraising to support
              • Federal and State income tax           administrative activities
                deductions                           • Planning and fundraising
              • Federal and State estate/              for development, where
                inheritance tax reductions             applicable.
                                                                           5
Before   After




                 6
Current Conditions   Proposed Plan




                                     7
8
“Principles of the new urbanism … generate
                             development patterns that use land more
                             economically than does prevailing contemporary
                             practice … [but] natural areas have limited or
                             peripheral roles, typically as edges or
                             boundaries to neighborhoods … A more “green”
                             model would create explicit places for nature
                             and ecological functions, integrate them with
                             the development pattern, and balance the
                             competing spatial demands of open space,
                             streets, and land uses within.” p. 14


                        “The linked network pattern … focuses on a …
                        negotiated distribution and connection of diverse
                        open space elements. Open spaces and connections
                        could be larger, and connections to them more
                        generous, at points of higher environmental value and
                        lesser development value, such as near an important
                        stream corridor. Open spaces could be smaller, and
                        connections to them narrower, at points of high
THE “LINKED NETWORK”    development value and lower environmental value,
PATTERN OF OPEN SPACE   such as near major roads.” p. 15                   9
    DEVELOPMENT
Coffee Creek Center, Indiana
634-acre study area planned for
3,000 dwellings in a series of
mixed-use neighborhoods, each
with a commercial center, and
situated around the Coffee Creek
ecological preserve. Partially
constructed in 2004. Gross
density is 4. 7 dwellings per acre.
Girling and Kellett, Skinny Streets, pp. 41-44.

                                     10
Ellen Dunham Jones on Retrofitting Suburbia

 For more information, please go to www.neighborspacebaltimorecounty.org or contact Barbara
 Hopkins @barbara_hopkins@verizon.net or at 443-610-8601.
                                                                                              11

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Suburban Land Conservation 10 27-10

  • 1. Barbara L. Hopkins, JD, ASLA Executive Director October 27, 2010 Copies available @www.neighborspacebaltimorecounty.org/Resources.html 1
  • 2. • THE VAST MAJORITY OF COUNTY RESIDENTS LIVE WITHIN THE URDL (≈734,000+) • POPULATION IS DENSE • OPEN SPACE IS SCARCE • N/S CREATED IN 2002 • MISSION ELEMENTS: o COMMUNITY PARTNERSHPS o PROTECTING “SMALL”  PARKS  GARDENS  NATURAL AREAS • FUNDING: o COUNTY ORDINANCE REQUIRING 1000 SF OF OPEN SPACE/DWELLING UNIT OR PAYMENT OF “FEE IN LIEU.” o N/S MAY RECEIVE UP TO 10% OF FEES COLLECTED.* *Baltimore County Code, Section 32-6-108. 2
  • 3. • “THE LARGEST ESTATE & MOST EXTENSIVE INTEREST THAT CAN BE ENJOYED IN LAND.”* • VERY FEW RESTRICTIONS ON OWNER’S “BUNDLE OF RIGHTS.” • A RESTRICTION ON THE OWNER’S RIGHT TO USE THE PROPERTY. • WITH CONSERVATION EASEMENTS** USE RIGHTS ARE RESTRICTED “IN PERPETUITY.” * Black’s Law Dictionary, 5 th ed. ** A conservation easement is a legal agreement between a landowner and a nonprofit land trust and/or government entity3 that permanently limits the uses of the land in order to protect specified conservation values.
  • 4. NeighborSpace Sites Urban Rural Demarcation Line (URDL) Council Districts HAMPTON LANE PRESERVE BRANCHWOOD TOLLGATE WYNDHAM MEMORIAL EAST PENN. AVE GREENBRIER EAST AVE GWYNN OAK AVE VOLZ PARK ROBIN HILL RD 4
  • 5. TRANSACTION POTENTIAL BENEFITS TO L/O RESPONSIBILITIES OF L/T TYPE FEE SIMPLE • Receives current cash value of total • Baseline documentation PURCHASE parcel • Recruitment/training of • Elimination of property taxes property manager • Annual monitoring EASEMENT • Receives current cash value of • Ongoing PURCHASE easement landowner/community • Likely reduction in property taxes manager relationships FEE SIMPLE • Elimination of property taxes • Liability/conservation DONATION • Federal and State income tax defense insurance deductions • Enforcement • Federal and State estate/ • Dedication ceremonies inheritance tax reductions • Signs • Brochures EASEMENT • Abatement of property taxes (5 • Maps DONATION yrs, renewable) • Fundraising to support • Federal and State income tax administrative activities deductions • Planning and fundraising • Federal and State estate/ for development, where inheritance tax reductions applicable. 5
  • 6. Before After 6
  • 7. Current Conditions Proposed Plan 7
  • 8. 8
  • 9. “Principles of the new urbanism … generate development patterns that use land more economically than does prevailing contemporary practice … [but] natural areas have limited or peripheral roles, typically as edges or boundaries to neighborhoods … A more “green” model would create explicit places for nature and ecological functions, integrate them with the development pattern, and balance the competing spatial demands of open space, streets, and land uses within.” p. 14 “The linked network pattern … focuses on a … negotiated distribution and connection of diverse open space elements. Open spaces and connections could be larger, and connections to them more generous, at points of higher environmental value and lesser development value, such as near an important stream corridor. Open spaces could be smaller, and connections to them narrower, at points of high THE “LINKED NETWORK” development value and lower environmental value, PATTERN OF OPEN SPACE such as near major roads.” p. 15 9 DEVELOPMENT
  • 10. Coffee Creek Center, Indiana 634-acre study area planned for 3,000 dwellings in a series of mixed-use neighborhoods, each with a commercial center, and situated around the Coffee Creek ecological preserve. Partially constructed in 2004. Gross density is 4. 7 dwellings per acre. Girling and Kellett, Skinny Streets, pp. 41-44. 10
  • 11. Ellen Dunham Jones on Retrofitting Suburbia For more information, please go to www.neighborspacebaltimorecounty.org or contact Barbara Hopkins @barbara_hopkins@verizon.net or at 443-610-8601. 11