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Zoning Commission Packet 2012 07-25-12 United City of Yorkville '`'` 800 Game Farm Road EST. , _ 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 0� a 2p� Fax: 630-553-7575 AGENDA ZONING COMMISSION MEETING Wednesday, July 25, 2012 7:00 P.M. City Hall Conference Room 800 Game Farm Road 1. Welcome 2. Roll Call 3. Citizen's Comments 4. Approval of June 27, 2012 meeting minutes 5. Old Business: a) Continued review and Commentary of Proposed CDD, Conservation Design District • Chapter 11G: Conservation Design District 6. New Business: a) Blackberry Creek Watershed Action Plan—Chicago Metropolitan Agency for Planning • Watershed Plan overview—consideration of potential effect on existing and future development located within the Blackberry Creek watershed area. 7. Adj ournment 8. Next meeting date: July 25, 2012 ZONING COMMISSION MEETING Wednesday,June 27, 2012 7:00 p.m. Yorkville City Hall Conference Room 800 Game Farm Road, Yorkville, IL 60560 Meeting Called to Order The meeting was called to order at 7:03 p.m. and Mr. Crouch welcomed everyone. Roll Call Roll call was taken. A quorum was established. Committee Members in Attendance: Greg Millen Jeff Baker Pete Huinker(arr 7:06 pm) Gary Neyer Michael Crouch City Officials in Attendance: Krysti Barksdale-Noble, Community Development Director Citizen's Comments There were no guests in attendance. Previous Minutes Mr. Baker moved to accept the April 25, 2012 minutes and Mr. Millen seconded. There were no discussions, corrections or additions so a vote to accept was made, unanimously accepted and the motion was carried. Mr. Crouch then turned the meeting over to Ms. Noble to cover Old Business. Old Business: Ms. Noble brought back as a follow-up to the previous meeting discussions regarding Section 11-4-8-B of the Subdivision Control Ordinance (Ord. 2004-52)related to paved and fenced pedestrian crosswalks not less than ten(10) feet wide which may be required by the Plan Commission through the center of blocks more than nine hundred(900) feet long,where deemed essential to provide circulation or access to schools,playgrounds, shopping centers, transportation, and other community facilities. Continuous chain-link fencing four(4) feet high will also be required on both sides of the walkway on an easement. Staff was able to locate an additional example of such a situation where a mid-block walkway was provided in a subdivision in Hampshire, Illinois for access to a nearby park, as illustrated in the photograph below. Although the walkway is partially delineated with a decorative wood split rail-fence,per our City Ordinance, chain-link fencing could occur within the easement along each side of the walk between the adjacent residential homes. Mr. Crouch brought up the common areas in Countryside behind houses where there's no way to the area except through private properties. Although it is not anticipated to ever happen again, this would be something to possibly re-visit when doing the Subdivision Control Ordinance at Plan Commission. 11-11G-1;C: Purpose and Intent: Based on Committee discussions, there was some interest in how they can incorporate some sustainability elements as part of the green land design to promote more uses within the conservation area; less `dead' and more `active' green space. There was discussion on whether or not to promote community gardens as buffers between farmlands and housing. Mr. Baker questioned the need for it to actually be in the ordinance as a"buffer." Mr. Millen stated that with current technology and how creative our minds can be, how can we create subdivisions that are more sufficient and help self-sustain? Mr. Crouch said the Commission needs to delineate so they don't run into the problem Mr. Neyer talked about things being expressly forbidden because they weren't mentioned at all. The Committee needs to delineate as broadly as they can what they're trying to encourage; because, there will be thoughts in the future that are going to go well beyond anything they can come up with right now. It's highly possible someone may think of something in the future that hasn't been considered at this point in time. 11-11G-3: Dimensional and Bulk Requirements: There was debate on the last sentence: "Lots immediately abutting or within 150 feet of an existing or approved subdivision may be no smaller than 80% of the average lot size within the adjacent subdivision." To ensure some degree of protection along the property line, it was decided to change it to a minimum building set-back (buffers)just on the lots abutting existing lots; perhaps `a side or rear yard set-back needs to be a minimum of 80% of the side yard or rear yard set-back of the adjoining, existing subdivision.' The committee will think about it and bring it back to the next meeting. All agree the ideas discussed are better than the current language. 11-11G-4: Maximum Building Height: On Part A., it was agreed to change 2.5 stories to 3 stories. 11-11G-5: Development Standards: Mr. Neyer questioned if the area was being subtracted twice (ROW as existing and already includes streets and Streets as future) and it was agreed that it was. Mr. Crouch explained if you subtract the ROW, you have already included the street. Ms. Noble is going to check with Ms. Schraw for clarification. In the meantime, they are going to use what they have for now. At this point, you have 25 acres of stormwater management and streets subtracted from 100 acres and you have a net site area of 75 acres out of the original 200 acres. In other words, the committee is looking at density bonus (units per acre) provision vs. minimum lot size (normal zoning). Ms. Noble said a Conservation Design District would need to attract a willing demographic who want a communal, environmental-minded type of living space transitioning from rural to suburban. She added they need to create the environment for this to happen and make it desirable for a developer to do and have it on the market to be accepted. Mr.Neyer said it was very laudable to create incentives for Conservation Design elements to take place in the community. If that's what the community wants from a planning standpoint, then the ideal would be to come up with a simple, straightforward manner to provide incentives that will actually induce a developer to do it. That's the `happy medium' the committee is trying to find. He agrees avoiding the P.U.D. route is huge. If you can provide the incentives and keep it on a normal track, that would be ideal and there may actually be some takers on it. Mr. Millen feels it is important that they work on these issues because they will bring a different opportunity to Yorkville—to be able to provide something different. Ms. Noble posed the question to the committee, "So how about not making this a district, should we just make it a chapter titled, "Density Bonus Options?" The committee was quick to point out possible problems by opening it up to all residential zoning. Mr. Crouch suggested `looking first at the Conservation Design to see if there's already a successful model design that would work for us—or not. If there isn't, then let's just dispense with it. Let's see if there's a way to incorporate the other bonuses in the other zonings.' He thinks the issue they want to be careful of is that they also have to not only sell this to the public but they also have to sell it to the City Council. Mr.Neyer stated the ordinances don't have a lot of history in terms of the fact they don't go back very far and he thinks some things may have already been tried. New Business: Ms. Noble told the group she has applied for a grant through CMAP to get technical assistance so she can get some staff to help write and research all of this. She hopes to be able to get through everything (with assistance) by the end of the year. Mr. Crouch asked if there was a timeline for the grant and she said the deadline is August 1 and final approval by October 10. As a note, she told the group Plan Commission will be re- writing at the same time as Zoning Commission is writing the Subdivision Control Ordinance. There was no further business so Mr. Baker made a motion to adjourn; it was seconded by Mr. Neyer and agreed by all. The next scheduled meeting is Wednesday, July 25, 2012 in Yorkville City Hall in the conference room. The meeting was adjourned at 8:28 p.m. Minutes respectfully submitted by: Bonnie Olsem o car Memorandum EST. 1836 To: Zoning Ordinance Commission pFrom: Krysti J. Barksdale-Noble, Community Development Director �oa 5as +� tl��o Ty `• CC: Bart Olson, City Administrator y<<E 1`►� Date: July 20, 2012 Subject: Zoning Ordinance Update—Old & New Business Items Staff has prepared the attached revised Chapter 11: Residential Districts for the Zoning Commission to review based upon the June 27th meeting discussion and subsequent research. The proposed revisions and additional information are detailed below: Old Business: Chapter 11G: CDD,Conservation Design District • Revised Section 11-11G-1C regarding the perceived restrictiveness of the language "by promoting community gardens as buffers between farmlands and housing." Section now reads "Protect productive agricultural soils for continued or future agricultural use by conserving areas of land large enough to allow for efficient farming operations through sustainable means by promoting such community and environmental benefits such as collective gardening, orchards, vineyards and buffers between farmlands and housing." • Revised last sentence in Section 11-11G-3: Dimensional and Bulk Requirements to read "Lots immediately abutting an existing or approved conventional residential subdivision must maintain a minimum required yard of at least thirty feet (30) or be no smaller than eighty percent(80%) of the adjacent lot area ." • Revised Section 11-11G-4: Maximum Building Height to remove "2.5 stories" and replaced with"3 stories". • Revised Section 11-11G-5A-2: Dwelling Unit Yield Formula(Pre Bonus): • Staff was asked to further refine the calculations for determining the base site area(11-11G-5A-2)as well as the Density Bonus requirements (11-11G-5A-3). • Revised calculation for determining Base Site Area to only subtract existing right-of-way (inclusive of streets, utility right-of-ways and easements). • Revised calculation for determining Buildable Area to include: 1. Floodplain 2. Existing bodies of water(ponds, lakes, etc) 3. Areas having a slope greater than twelve percent(1201o) 4. Fifty percent (5001o)for any City approved woodlands, as defined in Section 6: Natural Areas of the Park Development Standards, which will remain as part of the proposed development. • Revised calculations for determining the Net Site Area as follows: 1. Subtract 15%of builable area for proposed stormwater management facilities. 2. Subtract 10% of buildable area for proposed future streets and any additional rights-of-way dedications or easements required by the City Engineer. • Revised Section 11-11G-5A-3: Density Bonus to incorporate the following table: The maximum increase in density shall be limited to twenty (20) percent of the permitted density. The following list of incentives may be utilized to reach a density bonus not to exceed twenty(20)percent. CONSER VA TION DE VEL OPMENT CRITERIA MAXIMUMDENSITY PERCENTAGE CREDITS Internal trails and open spaces are connected with existing or potential multi use trails and open space outside of the development 2% and provide access to the public. Open space must be connected to larger greenway systems when technically possible. The amount of open space provided exceeds the required open space per section_-_-_of the Park Development Standards for 2% the development by ten(10)percent or more. Open space within the development is placed into a conservation easement with a legally incorporated land conservation 3% organization or donated to a public open space agency. Wetland restoration and/or enhancement performed substantially in Soy excess of the U.S.Army Corps of Engineers permit requirements. Remnant prairies, savannas, and woodlands are substantially restored prior to the turnover of the property to the Homeowners Association or land conservation organization. Such restoration 4% and reforestation will consist of the removal of invasive trees, brush, and herbaceous species and the establishment of native herbaceous species. Innovative detention/retention basins such as (a) significant use of native vegetation such as prairies and wetlands to retain water, (b) integration of natural land forms, existing soil filtration characteristics, and natural landscaping into the drainage plan, 4% and/or (c) alternatives to detention basins such as stormwater infiltration in naturalized swales, rain gardens, and gently sloped depressional areas. TOTAL MAXIMUM DENSITY BONUS PERMITTED 20% Additional Business: • Additional research regarding community gardens is attached as it relates to the Zoning Committee's discussion of Section 11-11G-1C above. • Additional research regarding area communities with Conservation Design standards is attached as it relates to the Zoning Committee's discussion of Section 11-11G-5A above. New Business. Blackberry Creek Watershed Action Plan—Chicago Metropolitan Agency for Planning Attached is the executive summary of the proposed action plan for the Blackberry Creek Watershed prepared by CMAP. To view the entire plan, please visit http://foxriverecosystem.ora/WatershedPlanning/Blackberry/DocsBBC_FullPlan-Final.pdf. Chapter 11 Residential Districts ARTICLE G. CDD, CONSERVATION DESIGN DISTRICT SECTION: 11-11G-1: Purpose and Intent 11-11G-2: Permitted and Special Uses 11-11G-3: Dimensional and Bulk Requirements 11-11G-4: Maximum Building Height 11-11G-5: Development Standards 11-11G-1: PURPOSE AND INTENT: The purpose of this chapter is to provide for an alternative zoning procedure for conservation design developments that provide value to the community and the environment over the conventional zoning district and which is consistent with the comprehensive plan and intent of the zoning ordinance. Conservation Design Developments (CDD) are intended to encourage the most imaginative and best possible design of building forms and site planning for tracts of land where unitary plans would best adapt to topographic and other natural features of such sites. The Conservation Design Development district purpose is to: A. Conserve undeveloped land for the purpose of protecting primary and secondary conservation areas in contiguous,un-fragmented, commonly managed landscape to; 1. Protect large, intact wildlife habitat areas and connect patches of wildlife habitat to support greater biodiversity, maintain ecosystem processes and allow larger, healthier populations to exist; and 2. Minimize edge conditions and associated colonization by invasive plant species. B. Contribute to the creation of a community wide greenway system for the benefit of present and future residents; C. eommianity gar-dens as "„gam r-" between f ..,1ands and housing; Protect productive agricultural soils for continued or future agricultural use by conserving areas of land large enough to allow for efficient farming operations through sustainable means by promoting such community and environmental benefits such as collective gardening, orchards, vineyards and buffers between farmlands and housing; D. Encourage innovation and promote flexibility, economy, and ingenuity in development; E. Provide for the conservation and maintenance of greenway land and for active or passive recreational use by residents; F. Provide greater efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads,utility runs, and the impervious cover required for residential development; G. Protect water quality and reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes; H. Implement land use, open space, and community policies set forth in the United City of Yorkville's Comprehensive Plan. 11-11G-2: PERMITTED AND SPECIAL USES: Refer to Chapter 6 of this Title. 11-11G-3: DIMENSIONAL AND BULK REQUIREMENTS: Conservation Design Subdivisions are expressly exempt from the lot area, lot width, yard area, and lot coverage requirements of the Zoning Ordinance. Lots must be of a size and shape to allow for compliance with applicable building codes and to provide for high-quality living environment for subdivision residents. Lots immediately abt4ting or-within 150 feet of an existing of appr-eved subdivisi may be ne smaller- than ° Lots immediately abutting, an existing or approved conventional residential subdivision must maintain a minimum required _yard of at least thirty feet(30') or be no smaller than eighty percent(80%)of the adjacent lot area. 11-11G-4: MAXIMUM BUILDING HEIGHT: A. One- and Two-Family detached dwellings: Forty feet (40') and not more than 2:5 3stories, whichever is less. B. Single Family Attached&Multiple Family dwellings: Eighty feet(80') and not more than six (6) stories,whichever is less. 11-11G-5: DEVELOPMENT STANDARDS: A. Maximum Development Potential 1. Base Density: i. The United City of Yorkville's Comprehensive Plan land use classifications shall be used to determine base densities: Land Use Classification Maximum Base Density (dwelling units per acre) Rural Neighborhood 0.5 Estate Neighborhood 1.5 Suburban Neighborhood 2.0 ii. If the conservation design subdivision is located in more than one land use classification, the maximum number of dwelling units allowed must be determined separately for each portion of the site lying within a different land use classification. Density may be transferred from one portion of the site to another, provided that such transfers do not result in an increase in the number of dwelling units allowed on the overall site. 2. Dwelling Unit Yield Formula(Pre Bonus) i. Determine Base Site Area 1. Determine Gross Site Area 2. Subtract existing Right-of-Way (inclusive of streets,utility right-of-ways and easements) 3. Equals BASE SITE AREA ii. Determine Buildable Area 1. BASE SITE AREA 2. Subtract Regulated wetlands and wetland buffers 3. Floodplain 4. Existing bodies of water(ponds, lakes, etc.) 5. Areas having a slope of greater than twelve percent(12%) 2-76.Fifty percent (50%) for any City Pproved woodlands, as defined in Section 6: Natural Areas of Park Development Standards, which will remain as part of the proposed development. 3-7.Equals BUILDABLE AREA iii. Determine Net Site Area 1. BUILDABLE AREA 2. Subtract 4-015% of buildable area for proposed stormwater management facilities 3. Subtract 410% of buildable area for proposed future streets and any additional rights-of-way dedicated or easements required by the City En ig'neer. 4. Equals NET SITE AREA iv. Determine Maximum Dwelling Units 1. NET SITE AREA 2. Multiple by land use classification base density 3. Equals Pre Bonus Maximum Dwelling Units Allowed 3. Density Bonus i. The maximum increase in density shall be limited to twenty (20) percent of the permitted density. The following list of incentives may be utilized to reach a density bonus not to exceed twenty(20)percent. 1. internal tr-ails and open spaees are eenneeted with &iisting or- potential multi use tr-ails and open spaee outside of the development and provide aecess to the publie. Open spat be connected to lafger- gr-eenway systems,�vhen tec-lmieallypossi 2. The amount of op&A .Jed exeeeds the required open spaee per- seetien €or-the-development-by-ten(10)pe-rcent or- 3. Open-spaee within the development is plaeed into—a eenservation easement with a legally inearporated land eonsefvation or-g niz-AtiA-41 Eff donated to a publie-open spaee agency. 3 5'% 4.Weda tefation anamlor a haneerii nt per-forrmed- substantially in 5. Rewm---t F-- savannas, and woodlands are substantially r-ester-ed the tumovef of the pr-opeAy to the 14E)fneowneFs Asseeiation or- 0 li-e1i3d eenseB,atien or-ganiization. vueli r-esc^vration will ea of the, Femoval of invasive trees, bFush, and er-baeeous speeie9—mac establishment of native hei7baeeens speeles. 3 5% 1. innovative detention,'fetention basins stich as (a) signifieant use of native vegetation stieh as pfair-ies and wetlands to fetain water-, (b) integration ef landseaping into the drainage plan, anEblor (e) aftematives to detention basins stteh as ster-mwater infiltration in naturalized swales, fain gafdens, and gently sloped depressional-afe>as. 3 5%-' MAXIMUM DENSITY CONSERVATION DEVELOPMENT CRITERIA PERCENTAGE CREDITS Internal trails and open spaces are connected with existing or potential multi use trails and open space outside of the development and provide access to the public. Open space 2% must be connected to larger reg enway systems when technically possible. The amount of open space provided exceeds the required open space per section of the Park Development 2% Standards for the development by ten(10)percent or more. Open space within the development is placed into a conservation easement with a legally incorporated land 3% conservation organization or donated to a public open space agency_ Wetland restoration and/or enhancement performed substantially in excess of the U.S. Army Corps of 51%, Engineers permit requirements. Remnant prairies, savannas, and woodlands are substantially restored prior to the turnover of the property to the Homeowners Association or land conservation organization. Such restoration and reforestation will 40/, consist of the removal of invasive trees, brush, and herbaceous species and the establishment of native herbaceous species. Innovative detention/retention basins such as (a) significant use of native vegetation such as prairies and wetlands to retain water, (b) integration of natural land forms, existing soil filtration characteristics, and natural landscaping into 4'%o the drainage plan, and/or(c) alternatives to detention basins such as stormwater infiltration in naturalized swales, rain gardens, and gently sloped depressional areas. TOTAL MAXIMUM DENSITY BONUS PERMITTED 20% B. Open Space Requirements 1. A minimum percentage of land shall be designated as permanent open space dependent upon the United City of Yorkville's Comprehensive Plan land use classification for said property. The open space area shall be including all non-buildable area and a minimum of 20%of the buildable area. Land Use Classification Minimum Open Space based on Base Site Area Rural Neighborhood 60% Estate Neighborhood 50% Suburban Neighborhood 40% 2. Open space must be dedicated or reserved for one or more of the following uses: i. Conservation and protection of areas that potentially pose a significant hazard to people or property (floodplains, wetlands, and lands whose slope and/or soils make them particularly susceptible to subsidence or erosion when disturbed by development activities) ii. Conservation and protection of any identified significant natural areas (stream corridors, woodlands, hedge rows, rare plant communities, important wildlife habitats, etc.) or other environmentally sensitive areas where development might threaten water quality or ecosystems; iii. Provision of active and/or passive outdoor recreation opportunities, including but not limited to,ball fields,playgrounds, tennis courts, swimming pools,basketball courts, golf courses, fishing ponds, shared-use trails, and picnic areas for the use of the general public. Golf courses shall be designed in compatibly with the Audubon Cooperative Sanctuary Program for Golf Courses and shall endeavor to maximize water quality benefits through the following practices: (a) use of reclaimed water, (b) use of native wetland vegetation along ponds, (c) use of landscaping design and plant material that emphasize native species and promote biodiversity, and(d)limited use of pesticides or integrated pest management. iv. Pasture and/or agricultural cropland areas. 3. Ownership and Management i. The petitioner must identify the owner of the open space and is responsible for obtaining and filing an official letter of acceptance of the ownership and maintenance responsibilities. A Property Owners' Association may transfer or convey any and all open space to a land conservation agency or similar entity. ii. The designated owner, or if turned over to a land conservation agency or similar entity, is responsible for maintaining the open space and any associate facilities. If a property owner association is the owner, membership in the association is mandatory and automatic for all property owners of the subdivision and their successors. iii. The petitioner must submit a management plan for the open space and all common areas. The management plan must: 1. Allocate responsibility and guidelines for the maintenance and operation of the open space and any associated facilities, including provisions for ongoing maintenance and for long-term capital improvements; 2. Estimate the costs and staffing requirements needed for maintenance, operation, and insurance and outline the means by which necessary funding will be obtained or provided; 3. Provide that any changes to the management plan be approved by City Staff; 4. Provide for the enforcement of the management plan; 5. A budget must be included which lists operations and capital expenses; 6. Thereafter, yearly inspections will be administered by a qualified consultant selected by and paid for by the property owners' association. A copy of said yearly inspection shall be provided to the City. 4. Legal Instrument for Permanent Protection i. The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The legal instrument must be one of the following 1. A permanent conservation easement in favor of either: a. A certified land trust or similar conservation-oriented, non-profit organization with legal authority to accept such easements. b. A governmental entity 2. An open space tract protected by a permanent restrictive covenant for conservation and/or agricultural purposes in favor of a governmental entity; or 3. An equivalent legal tool that provides permanent protection, as approved by the state's attorney. ii. The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, all restrictions approved by the City Council, and any further restrictions the applicant chooses to place on the open space. C. Development Evaluation Criteria 1. In evaluating the layout, amount, and location of lots and open space, the United City of Yorkville shall evaluate the extent to which the site plan: i. Protects floodplains, wetlands and steep slopes from clearing, grading, filling or construction; ii. Preserves and maintains mature woodlands, existing fields,pastures, and prairies; iii. Dwellings sited on least prime agricultural soils; iv. Maintains or creates a buffer of native species vegetation of at least 75 feet in depth adjacent to wetlands and surface waters; v. Designs around existing hedgerows and tree lines and minimizes impacts on woodlands, especially those containing many mature trees, significant wildlife habitat, or not degraded by invasive species; vi. Protects wildlife habitats and ravines; vii. Leaves scenic views and vistas unblocked, particularly as seen from public thoroughfares; viii. Avoids siting new construction on prominent hilltops or ridges; ix. Includes a pedestrian circulation system designed to assure that pedestrians can walk/bike safely and easily on the site, between properties and activities within the open space system. All footpaths should connect with off-road trails, which in turn should link with potential open space on adjoining undeveloped properties (or with existing open space on adjoining developed properties); x. Provides for contiguous open space. To the greatest extent practicable, open space shall be designed as a single block with logical, straightforward boundaries. What good is community greening? DAVID MALAKOFF• CGR 1995 1 Y 9- .+T 5 .E fa f. a a. �, . ti YOU'VE SPENT AN HOUR tending your tomato vines, but Powerpoint presentation and her charts and graphs, and now it's time to go to that meeting about the garden.They "proves" how your garden is more "valuable" to the com- are threatening to take the garden away,to bulldoze the lot munity with a concrete slab and io tons of machinery and erect an electric power substation where flowers now slapped on top of it. dance in the breeze and the neighbors gather to admire old "Look," she says in her best this-is-between-you-and- Bill's pumpkins. me voice, "What good is that little patch of weeds and At the meeting, everyone is polite and proper until carrots anyway?" . . . until that dour-faced junior executive rises with her Now, you're angry. You jump to your feet and start to Photo•Gardener Elvin Collins,Denver,Colorado(Colorado State Coop Extension photo,CGR 1992) speak. "What good is our garden?"You ask in disbelief. "I'll 16 2004-2005 Irk SPECIAL EDITION tell you what good it is . . . " But after you've had your say reams of data to demonstrate the social and economic —after you've talked about quality-of-life, commented on benefits of their projects, greeners are often armed with the pride and tranquility that has come from coaxing new little more than heart-warming anecdotes about cabbages life from the soil, and told the story of how the neighbor- sprouting amidst urban squalor. hood really turned around after that trash-filled lot was The lack of hard data on greening "can create the im- transformed into a garden — the junior executive only pression among decision-makers that there is an absence looks at you blankly. of tangible, credible evidence regarding the benefits," say "Those are nice stories," she says. Then, gesturing to Roger S.Ulrich and Russ Parsons ofTexas A&M University. her charts and graphs, she asks: "But where are your facts "Unfortunately,intuitive arguments in favor of plants usu- and figures . . .where is your proofl" ally make little impression on financially-pressed local or What good is community greening?And how do you state governments, or on developers concerned with the prove it? bottom line. Politicians, faced with urgent problems such The answers to these basic questions are obvious to as homelessness or drugs, may dismiss plants as unwar- most community greeners, whether they are gardeners, ranted luxuries." tree planters, or open-space advocates. They know from Greeners got a painful reminder of this fact of life in their own experience that plants are good for people and 1993, when Congress essentially eliminated funding for their communities. Proof?They've seen it with their own the US Department of Agriculture's Urban Gardening eyes. Program, which helped over 150,000 low-income gar- But, these days, speaking from experience often isn't deners in 23 of the nation's cities. enough to convince people that spending time and money on plants and green space is a good idea.Increasingly,poli- MODERN RESEARCH ticians, developers, and taxpayers demand evidence, facts and figures showing that greening is a good investment. Luckily, today there is more evidence than ever before Luckily for community greeners,researchers have made of the benefits of greening. Diane Relf, a horticulture some remarkable discoveries in recent years that power- professor at Virginia Polytechnic Institute, who studies fully demonstrate the benefits of greening.The discoveries "people-plant interactions", says people-plant research come from a dizzying array of disciplines, ranging from generally falls into one of several broad categories. psychology and economics to sociology and medicine. One category is the study of "background theories" They confirm that people, even in this technological age, which try to explain the underlying reasons why people need plants for more than just food, and need green space have positive responses to plants and green spaces. Ulrich for more than just pleasure. and Parsons, for example, theorize that people are over- In the words of University of Michigan psychologist whelmed by the noise, movement, and visual complexity Stephen Kaplan, the studies prove that"Nature is not just of the modern world, and that quieter, less chaotic plant `nice' . . . It is a vital ingredient in healthy human func- environments such as a gardens reduce stress. Research by tioning." Ulrich and others suggests that human evolutionary history While highway builders and developers can produce may help to explain why we like plants and green spaces. ACGA COMMUNITY GREENING REVIEW 17 Our ancestors living on the broad African plains may have that even patients with excellent medical prospects reported learned to associate trees and plants with food and water, a severe inability to focus and had difficulty managing creating positive feelings that we still carry today.Eminent their lives after leaving the hospital. Patients who agreed Harvard biologist Edward O. Wilson and Yale professor to regularly participate in restorative activities such as gar- Stephen Kellett assert in The Biophilia Hypothesis (Island dening, however, rapidly improved.They also returned to Press, 1993) that human evolutionary history makes a work and to their normal lives more quickly than patients human connection with nature a necessity, not a luxury. who did not participate in restorative activities. A second type of research into people-plant interactions has focused on how individuals respond to plants and PEOPLE-PLANT INTERACTIONS green spaces.Among the many remarkable results of this re- search are findings by Ulrich and his colleagues that simply A third category of research into people-plant interactions, looking at a plant can reduce stress, fear, and anger; and the category that has attracted the most interest from com- lower blood pressure and muscle tension. Other studies munity greeners, involves the role that plants play in the have found that prison inmates in cells with windows development of healthy human communities. overlooking greenery need less medical care and report According to Relf, researchers have found that plants fewer symptoms of stress, such as headaches, than other and greening activities play at least three distinct roles in inmates. community development. Plants, gardens and greening: Other researchers, such as Mary Honeyman of the • Provide a more livable environment by controlling University of Illinois,have documented that people shown physical factors such as temperature, noise, and pollu- urban scenes with some vegetation recover more quickly tion. from stress than people exposed to urban scenes without • Help create a community image that both residents vegetation. In a conclusion likely to seem wildly under- and outsiders view as positive. stated to most community greeners,Honeyman concluded • Create opportunities for people to work together to that "the introduction of green vegetation into the urban improve communities. landscape may be of important psychological benefit to Relf and others note that these three factors translate humans." directly into tangible economic and social benefits, such Stephen and Rachel Kaplan have also extensively as reduced crime, higher property values in greened areas, studied how individuals respond to natural settings, es- nutritious food from community gardens, and increased pecially the role nature plays in reducing mental fatigue; business activity in attractive green neighborhoods. improving ability to focus attention on important tasks, Anyone who has retreated from the hot asphalt of a such as managing work;and easing the stress of day-to-day city street to the shade of a nearby tree understands the life.The Kaplans believe that nature provides the fatigued importance that plants play in regulating environmental human mind with a "restorative" change of pace. A visit conditions.Energy-saving shade is not the only benefit that to even a small garden, for example, gives a person the plants offer, as a landmark 1994 study of Chicago's urban feeling of "being away" from a stressful setting (such as forest found.They also play a valuable role in reducing air work). Vegetated landscapes appear to offer "fascination" pollution, controlling climate, and saving energy. stimulus that evokes seemingly effortless mental activity,as Such physical benefits help explain why a variety of opposed to the strenuous,focused mental activity required psychological studies suggest that plants help foster posi- for work tasks. tive community images. In a 1985 study of apartment Stephen Kaplan says that a 1990 study by Bernadine dwellers, Stephen Kaplan found that"the most important E. Cimprich highlights the restorative value of nature. factors in neighborhood satisfaction"were the availability Cimprich, a nurse working with cancer patients, noticed of nearby trees,well-landscaped grounds,places for taking 12004-2005 2004-2005 ��SPECIAL EDITION a walk, and opportunities to grow plants_ "A community ac- these "were significantly related to the s= Ivity such as gardening of community." In be used to break In light of these findings, is it any sow it isolation, creating a prise that people are willing to pay mo, Ese of neighborliness —sometimes a lot more—to have plants ii Wng residents. Until their surroundings? 1 - happens, there is no mOr Munity, but rather BUILDING COMMUNITIES 1 ) ) Mte people who happen _in the same place." Researchers admit that it is hard to prov gardens and greening create a friendlier and more cohesive "G REIN LI N I N G" community, better able to tackle the many problems of modern life, because evidence is often anecdotal, incom- Research by Marti Ross Bjornson, a graduate student at plete, or tantalizingly subtle. Northwestern University in Evanston, Illinois, suggests "How exactly do you put a dollar value on a person's that these initial conversations eventually lead to bigger self-esteem or the fact that someone feels better about things, an empowerment process she calls "greenlining." driving through your neighborhood?" asks Diane Relf. Bjornson decided to look for greening-induced em- Nonetheless, she and others say there is plenty of evi- powerment in inner-city neighborhoods,where,in Lewis's dence that greening can help residents pull together and words,"Just as the light of a candle can be seen more clearly improve their community. in a darkened room, so can the human benefits of plants Mark Francis,a professor at the University of California be seen more easily in communities lacking in economic at Davis (and past Board member of the ACGA) has done and social opportunity." extensive studies of the community benefits and percep- After studying community gardening projects in inner- tions of parks and gardens. He found that gardens built city Chicago, Bjornson coined the term "greenlining" to and maintained by community residents have "unique provide a stark contrast to "redlining,' the term used to social and economic benefits." describe how banks and insurance agents often withhold "The spaces provide opportunities for neighborhood services to low-income neighborhoods (the term literally residents to develop and control part of their neighbor- comes from the bright red lines bankers drew on maps to hood, an advantage not afforded by traditional parks," he outline neighborhoods where they would not offer loans). concluded after a 1987 study of park and garden users in Bjornson notes that while redlining isolates residents Sacramento, California. "Gardens are active places that of these communities from services provided by business people make themselves,use for work and socializing,and and government, greenlining provides a new access route. can "love"." By working together with greening advocates and their Research by Jill Roper, a graduate student at Rutgers neighbors, "these formerly marginalized urban residents University, confirms the theory that community gardens can gain access to public policy, economic resources and get people talking to each other. Roper's interviews with social interaction." participants in the New Brunswick Community Gardening These pathways to power, Bjornson says, can be rela- Program in New Jersey reveals that having a garden signifi- tively modest. Simply attending a community meeting on cantly increased the frequency of interaction among the a garden project, for example, can introduce residents to gardeners, even outside of the gardening season. nonprofit and government officials they might never have As Charles Lewis says: known about, and vice versa. ACGA COMMUNITY GREENING REVIEW 19 "The process opens eyes on both sides,"she says. "The stories people tell about the benefits of greening speak for simple act of starting a garden can teach previously pow- themselves.They have a strong impact.That often makes erless people how to get access to City Hall, and it can the difference with decision-makers. It isn't always facts change the perception of the people with power who are —politicians resonate with more than just data." looking into the community for the first time." �y Greenlining brings together two groups that might Cette(i�. once have passed in the night—political activists and gar- deners. ?rhE iljtsOf angers�OtE't. "There are people who have political savvy, but don't see gardening as a valuable forum for social change," _ Bjornson explains. "Then, there are gardeners who don't r, really ee a need for political activism until their garden Y P g is threatened." She tells the story of a Hispanic woman v who became a community leader after she got involved in working out a complex land swap designed to protect her community garden. Bjornson concludes that"the simple human neighborly process of community gardening is ultimately a political /% - activity." She believes greenlining can provide communi- ties with "greater understanding and success than other more costly, more displacing and more abrasive forms o 2�nb cob fayoc:lee arch b:inge fe:th Y P g f f grsLtegr«ffeanbherbe,rhatbcarctbfcDe�z community political action." frutefuU trees,that male bare fi ute,eutry oneafier his tilnac,t)nuinge tl)clr oYrnc While researchers have discovered much about the beittd)emfelucabponthecarth-2jnbfoic benefits of community greening over the last few decades, eametopaffe, there is still much to learn. Finding time and money is no small challenge for interested researchers. SO, WHAT GOOD IS COMMUNITY GREENING? An academic panel coordinated by the PPC's Relf came up with an imposing list of research questions. The You and your community gardening allies were ready with panel noted that the benefits of community gardening and answers when the power company went before the city greening"have not been documented scientifically,perhaps council to ask for its permit to bulldoze the garden.You had because research in this area is complex and potentially graphs demonstrating the economic and social benefits of costly." Relf, for one, reports she is getting more inquiries the garden.You had testimony from a psychologist on the from graduate students around the nation interested in important mental-health benefits of the garden.You were doing research in the field. Mattson and other professors even able to show that the garden provided tax benefits to say they have graduate students ready, willing, and able the city by elevating nearby property values—benefits that to take on some of the mind-numbing work needed to would be lost because property values would plummet if produce hard data. the power station were built. You could tell the facts and Mark Francis believes that "rigorously collected anec- figures were having an impact, but you really knew you dotes can be seen as hard data—you need both qualitative had won when the gardeners and neighbors rose to speak and quantitative information.The real trick is to translate from their hearts about their garden. One by one, the city what we already know into public support. Let's let the council members leaned back in their chairs and nodded. Illustration•The creation of plants,from Coverdale's Biblia,1535. The final vote wasn't even close. 20 2004-2005 k SPECIAL EDITION COMMUNITY DEVELOPMENT THROUGH GARDENING: STATE AND LOCAL POLICIES TRANSFORMING URBAN OPEN SPACE Jane E. Schukoske* "Don't know why anyone called that lot `vacant.' The garbage was piled high as your waist . . . ."I —Paul Fleischman, 1997 INTRODUCTION Neglected vacant lots in the modern urban setting pose great hazards to community life. These lots, which host criminal behavior, accumulate trash, and create various health risks, epitomize the frus- tration and despair nearby residents often feel. A recent study reports that more than one-fifth of all land in American cities is classified as vacant.2 Despite the prevalence of vacant land and the reality of urban blight, many communities have been successful in transforming these dangerous urban spaces into thriving community gardens. * Associate Professor,University of Baltimore School of Law and Director of the Community Development Clinic, which has represented community associations in- volved in community gardening. I thank Steven G. Davison, Kristine Dunkerton, Garrett Power, Peter W. Salsich, Jr., Andrew Stone, and Ved Kumari for their com- ments on an earlier draft of this article;Maryann Nowinski and Catherine Sauvain for their research assistance;and Jane Cupit for her preparation of a bibliography for this research. 1. PAUL FLEISCHMAN, SEEDFOLKS 19 (1997). 2. See ANN O'M. BOWMAN & MICHAEL A. PAGANO, URBAN VACANT LAND IN THE UNITED STATES 18-19(Lincoln Inst. of Land Policy Working Paper, 1998). The Bowman and Pagano study analyzed the results of a nationwide survey of urban va- cant land based on responses from 186 cities. See id. at 18. For the study, `vacant land"was defined as including"not only publicly-owned and privately-owned unused or abandoned land or land that once had structures on it, but also land that supports structures that have been abandoned, derelict, boarded up, partially destroyed or razed." Id. The study revealed that approximately 23% of total land area in the re- sponding cities was vacant. See id. at 19. It also found that,generally,vacant land is more prevalent in growing cities and abandoned structures are more prevalent in de- clining cities. See id. at 35. The most universal problem cities face regarding the use of vacant land is managing odd-shaped parcels in undesirable locations. See id. at 37. 351 352 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 The development of community gardens has led to the beautifica- tion and greening of many neighborhoods and has fostered a spirit of community cooperation. Social policies such as the promotion of health and welfare, economic development, education, youth employ- ment, and tourism are consistent with the operation of community gar- dens and logically require a degree of continuity of place and participants. Nevertheless, the permanence of community gardens is very much at issue, as illustrated by the recent case New York City Environmental Justice Alliance v. Giuliani.3 In addition to the issue of permanence, community garden organizations routinely face a number of problems, including both the difficulty of obtaining access to resources and the threat of legal liability. It is this article's conten- tion that designing and implementing effective statutes could solve many of the problems that confront community gardens, thereby en- hancing gardening as a tool for community development.4 Part I of this article discusses the stark reality of urban blight, emphasizing the success of community gardening as a means of ad- dressing the problems associated with vacant lots.5 It also explores the diverse values involved in a community's effort to transform un- used land into productive gardens. Part II examines the current issues facing urban gardens and the institutions that have evolved to address them, such as land trusts and other nonprofit organizations. Part III of the article presents an in-depth analysis of current state, District of 3. See New York City Envtl. Justice Alliance v. Giuliani, 50 F. Supp. 2d 250 (S.D.N.Y. 1999). For a discussion of this case and the controversy surrounding it,see infra Part IV.C.4. 4. Of course statutory support alone is insufficient. Implementation requires citi- zen participation. One community garden program staff person observed: [A]ll of the statutory protections and government support our Program enjoys depends on the continued activism of our gardeners and groups like our non-profit support group,the Friends of P-Patch. Governmental support may decline over time and the statutory language [may] be ig- nored except for the pressure brought by organized volunteers. E-mail from Richard Macdonald,Program Manager,P-Patch Program,Seattle,Wash., to Jane Schukoske,Associate Professor,University of Baltimore School of Law(Dec. 8, 1999) (on file with author). Community garden activists observe that statutory schemes are often not followed. See E-mail from Judy Tiger, Executive Director, Garden Resources of Washington (GROW), Washington, D.C., to Jane Schukoske, Associate Professor,University of Baltimore School of Law(Dec. 24, 1999) (on file with author); see also E-mail from Andrew Stone, Director of the New York City Program,Trust for Public Land,New York,N.Y.,to Jane Schukoske,Associate Pro- fessor,University of Baltimore School of Law(Dec. 13, 1999) (on file with author). 5. This article focuses on vacant lots on which buildings were razed or never built, rather than on abandoned structures. Additionally, the article's primary emphasis is on community development through gardening in low-income neighborhoods although it applies to mixed-income and prosperous communities as well. 2000] COMMUNITY DEVELOPMENT 353 Columbia, and local ordinances governing community gardens. The article concludes by proposing core elements of a model community gardening ordinance that, when adapted to local needs, can encourage and protect community gardening efforts. I THE GROWTH OF COMMUNITY GARDENS AS A TOOL FOR MANAGING VACANT URBAN LAND According to a recent study, approximately twenty-three percent of the land in the average American city lies vacant.6 This land is abandoned for a number of reasons, including population shifts from the cities to the suburbs due to de-industrialization and relocation by employers; changing views on desirable housing stock; and residential shifts due to the declining reputations of school systems and racial prejudices.' Land may also be vacant if it is small in size, irregular in shape, and undeveloped.$ In declining neighborhoods, vacant houses often fall prey to trespass and arson, resulting in rapid deterioration.9 Some of the most dangerous structures are condemned and razed, leaving vacant lots as monuments to neighborhood disinvestment.10 In addition to being economically unproductive,'I vacant lots endan- ger public health and safety by becoming illegal dumps for refuse that can contain noxious chemicals and breed disease.12 These lots strip a neighborhood of its "social capital," a term coined by Jane Jacobs in her landmark sociological study entitled The 6. See BOWMAN & PAGANO, supra note 2, at 5-8 (reviewing national studies of land use including both publicly and privately owned vacant land in United States). Although there had been limited case studies on vacant lands, Bowman and Pagano conducted the first comprehensive study since the 1960s that was national in scope. See id. at 8. 7. See PENNSYLVANIA HORTICULTURAL SOC'Y, URBAN VACANT LAND: ISSUES AND RECOMMENDATIONS 15-18 (1999) [hereinafter URBAN VACANT LAND]; see also JOHN A. JAKLE&DAVID WILSON, DERELICT LANDSCAPES 143-45 (1992) (discussing economic and institutional forces leading to neighborhood dereliction). 8. See BowMAN&PAGANO, supra note 2, at 2. 9. See JAKLE &WILSON,supra note 7, at 7; David T. Kraut,Note,Hanging Out the No Vacancy Sign:Eliminating the Blight of Vacant Buildings from Urban Areas, 74 N.Y.U. L. REV. 1139, 1147-49 (1999). 10. See generally JAKLE &WILSON,supra note 7, at 150-53. 11. Vacant lots generally do not generate revenue and fail to provide a significant source of property taxes. See URBAN VACANT LAND, supra note 7, at 18; see also Kraut,supra note 9,at 1149-50(discussing erosion of tax base,reduction of neighbor- ing property values,and additional costs of nuisance abatement associated with vacant property). 12. See URBAN VACANT LAND, supra note 7, at 17-19 (examining economic and public health problems cities face because of vacant lots). 354 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 Death and Life of Great American Cities.13 Social capital includes "features of social organization such as networks, norms and social trust that facilitate coordination and cooperation for mutual benefit."14 Vacant lots and the anti-social behavior they attract "intimidate law- abiding citizens, limiting their activity"15 and leading to a greater soci- etal disengagement from these neighborhoods, and conceivably, a de- crease in the community's social capital. The demise of a cohesive community has been hastened by gov- ernment action. Professor Robert Putnam draws a distinction between social capital and"physical capital"—the buildings, streets, sidewalks, and other physical infrastructure of a neighborhood.16 Professor Put- nam concludes that certain public policies have played a role in the demise of civic involvement: "In some well-known instances, public policy has destroyed highly effective social networks and norms. American slum-clearance policy of the 1950s and 1960s, for example, renovated physical capital, but at a very high cost to existing social capital."17 Professor Putnam calls for policy efforts to increase social interaction and encourage civic engagement.18 In the last three decades, community gardens have proliferated in cities across the United States19 as a means for citizens to address many of the problems associated with vacant land.20 A community 13. JANE JACOBS, THE DEATH AND LIFE OF GREAT AMERICAN CITIES 138 (1961). 14. Robert Putnam,Bowling Alone,6 J.DEMOCRACY 65,67(1995)(citing JACOBS, supra note 13). In formulating her theory, Jacobs wrote "If self-government in the [city neighborhood] is to work, underlying any float of population must be a con- tinuity of people who have forged neighborhood networks. These networks are a city's irreplaceable social capital." JACOBS, supra note 13, at 138. 15. Kraut, supra note 9, at 1150 (citing James Q. Wilson & George L. Kelling, Making Neighborhoods Safe, ATLANTIC MONTHLY, Mar. 1982, at 46, 48). Wilson and Kelling's"Broken Windows"theory of crime posits that"physical disorder[in a neighborhood] signals social breakdown." Robert C. Ellickson,New Institutions for Old Neighborhoods, 48 DUKE L.J. 75, 78 (1998). 16. See Putnam, supra note 14, at 76-77. 17. Id.;see also JAKLE&WILSON,supra note 7, at 167,225-26(discussing level- ing of sections of Poletown,Michigan to build General Motors plant,leading to com- munity's demise). 18. See Putnam, supra note 14, at 76-77. 19. See Suzanne Monroe-Santos,Recent National Survey Shows Status of Commu- nity Gardens in U.S.,COMMUNITY GREENING REv., 1998,at 12(reporting over 6,000 national community gardens in 1996);H.PATRICIA HYNES,A PATCH OF EDEN at xiii- xiv (1996) (documenting increase in number of community gardens from 1970s through 1996). Hynes's book examines past instances in American history when economic depressions led state and local governments to promote community gar- dens. See id. at x-xiii (describing "potato patches" of 1893-97, "relief gardens" of 1930s, and"liberty" or"victory" gardens encouraged during war shortages). 20. See URBAN VACANT LAND,supra note 7, at 75 ("In Philadelphia, over the last 20 years, gardens have become a dramatic symbol of the struggle to maintain the 2000] COMMUNITY DEVELOPMENT 355 garden arises when residents grow food, flowers, or greenery on pub- licly or privately held lots that they do not own.21 In a 1996 national survey focusing on community garden activity, cities reported that 67.4% of gardens were neighborhood gardens, 16.3% were on public housing premises, 8.2%were on school grounds, 1.4%were on mental health or rehabilitation facilities, 1.4% were at senior centers, and 0.6%were part of job or economic development programs.22 The role of community gardens in community development has also been stud- ied internationally, in countries such as Canada'23 Mexico'24 the United Kingdom,25 Cuba'26 and Kenya.27 physical and social integrity of neighborhoods in the face of overwhelming forces. More than 1,500 community gardens have been established on vacant lots."). 21. Community gardens have been defined in various ways. See, e.g.,D.C. CODE ANN. §33-901(2) (1999) (defining "urban gardens" as "any vacant lot used for the growing of food, flowers or greenery" and defining "vacant lot" as "any lot in the District of Columbia on which there is no lawful structure");N.Y. AGRIc. & MKTs. LAW§31-g(1)(McKinney 1999)(defining"community garden"as"public or private lands upon which citizens . . .have the opportunity to garden on lands which they do not individually own"); TENN. CODE ANN. §43-24-102(6) (1999) (defining"garden" under Tennessee Community Gardening Act of 1977 as "a piece of land appropriate for the cultivation of herbs,fruits,flowers or vegetables"). One author refers to com- munity gardens as "community spaces that are communally cultivated and cared for . . . [including]individually worked plots,multiple person caretaker areas,and small- scale children play areas." See Katherine A. Cooper, Community Management of Open Space:A Survey of Cities 4(Jan. 12, 1999)(unpublished paper,on file with the Urban Resources Initiative,205 Prospect Street,New Haven,Conn.06511,(203)432- 6570). 22. See Monroe-Santos,supra note 19, at 12. 23. See generally Memorandum from City Clerk,Toronto,Ontario,Canada,to To- ronto Economic Development and Parks Committee (June 3, 1999) (on file with au- thor)(recommending adoption of Community Garden Action Plan that would expand and increase support for Toronto's community gardening program based on success of city's 88 established community gardens). The goals of the Community Garden Ac- tion Plan include mapping existing gardens;assessing the need for additional gardens; supporting the establishment of new gardens in 1999; establishing one community garden in each ward by the end of 2001; sharing expertise concerning starting and sustaining community gardens; and assisting gardeners with resources and training. See id.;Dena Sacha Warman, Community Gardens:A Tool for Community Building, URBAN AGRICULTURE NOTES (last modified Feb. 20, 2000) <http:// www.cityfarmer.org/waterlooCG.html#waterloo>. One study examined both the objectives behind creating community gardens and the gardens' ultimate effect upon civic participation in Canada and Mexico. See generally Marron Boulianne,Agricul- ture Urbaine,Rapports Sociaux,et Citoyennete(1999)(on file with New York Univer- sity Journal of Legislation and Public Policy). For instance, Boulianne noted that gardens created with a goal of contributing to the food supply for populations suscep- tible to food shortages demonstrated the highest level of civic engagement. See id. 24. See generally Boulianne,supra note 23. 25. See ALEXANDER WILSON, THE CULTURE OF NATURE 108-09 (1992) (tracing history of community gardens in England from 19th century onward). Other literature has examined the feasibility of establishing a garden center or a trout farm on vacant and derelict land in North London. See CHRIS WARDLE ET AL., GROWING IN THE 356 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 Communities have found that gardens beautify areas, build a sense of community among neighbors, and abate criminal activity in or near vacant lots.28 These gardens also prevent trash accumulation, illegal dumping, and littering.29 Older cities, particularly on the east coast and in the mid-western United States, have attempted to "rescue [vacant land] from the downward spiral of urban blight" through the encouragement of community gardens.30 These gardens are strategi- cally used to create "defensible space"31—neighborhood areas in which escape routes for criminal perpetrators are limited and public range of vision is maximized to prevent illicit conduct.32 CITY:PRACTICAL IDEAS FOR CREATING EMPLOYMENT USING VACANT BUILDINGS AND DERELICT LAND para. 4 (1983). 26. See Angela Moskow, The Contribution of Urban Agriculture to Gardeners, Their Households, and Surrounding Communities: The Case of Havana, Cuba, in FOR HUNGER-PROOF CITIES: SUSTAINABLE URBAN FOOD SYSTEMS 77(Mustafa Koc et al. eds., 1999)(studying urban agricultural activity in Havana as way to increase food supply). 27. See generally DONALD B. FREEMAN, A CITY OF FARMERS 111-22 (199 1) (ex- amining informal urban agriculture in open spaces of Nairobi,Kenya, describing ur- ban farmers themselves, and concluding acceptance of seasonal cultivation by urban communities can be understood as legitimate part of urban planning process). Other cities in Africa are also experimenting with community gardens. In Johannesburg, South Africa, the Yeoville Community Development Forum is experimenting with community gardens as an"effective way of empowering people to find creative solu- tions to social deprivation and decay of their community." Yeoville Grows Back to Its Roots, AFRICA SERVICE NEWS, Apr. 16, 1999, available in 1999 WL 14357204. While the proposals in this article may be applied to any community garden,the dis- cussion hereinafter will be limited to community gardens in the U.S. 28. See RUTH LANDMAN,CREATING COMMUNITY IN THE CITY: COOPERATIVES.AND COMMUNITY GARDENS IN WASHINGTON, D.C. 100 (1993). 29. See id.; David Malakoff, What Good is Community Greening?, AM. CoMMu- NITY GARDENING Ass'N (last modified Dec. 14, 1999) <http://www.communitygar- den.org/pubs/whatgood.html> (calling for further study and listing some benefits of community greening projects such as leadership development; economical food pro- duction; promotion of psycho-social health; energy-saving promotion of cool, clean air;job training;stress reduction;preservation of cultural heritage;provision of places for children to play and learn;promotion of recycling through composting;teaching of patience;promotion of physical fitness; crime reduction; improvement of community image; and community building). 30. Kristen E. H. Ruberton, Community Management of Open Space: Atlanta and Detroit (1999) (unpublished paper, on file with the Parks and People Foundation, 1901 Eagle Drive, Baltimore, Md. 21207, (401) 396-0730). 31. Oscar Newman first defined the term "defensible space" as "a model for resi- dential environments which inhibits crime by creating the physical expression of a social fabric that defends Itself." OSCAR NEWMAN, DEFENSIBLE SPACE 3 (1972). 32. See Timothy D.Crowe&Diane L.Zahm, Crime Prevention Through Environ- mental Design, LAND DEV.,Fall 1994,at 24. In their article,Crowe and Zahm assert that"proper design and effective use of the built environment can reduce the fear and incidence of crime and thereby improve the overall quality of life." Id. at 22. Crowe and Zahm also explain that Crime Prevention Through Environmental Design (CPTED)can be used to reduce opportunities for criminal behavior. See id.;see also 2000] COMMUNITY DEVELOPMENT 357 Community gardens build social capital33 not only by reclaiming or preserving urban space, but also by fostering collaboration among nearby residents across racial and generational lines.34 The commu- nity gardening movement contributes to the current debate about the strengthening of communities, or "community building.1135 Professor Gerald Frug has urged that"community building" should strive to"in- crease the capacity of metropolitan residents to live in a world com- posed of people different from themselves.1136 The community gardening movement promotes interaction between the diverse resi- dents of an urban neighborhood along common interests such as beau- tification, local food production, personal safety, health, and group projects. The movement draws upon individual talents, knowledge, and efforts, without such bars to participation as high cost, language barriers, or educational achievement, which may otherwise divide residents.37 Community gardens serve to "green" areas that are lacking in municipal parks.38 Litigation to protest racial discrimination in the generally NEIGHBORHOOD DESIGN CENTER, DESIGN FOR SAFETY (1997) (on file with the Neighborhood Design Center, 1401 Hollins St.,Baltimore,Md.21223,(401)223- 9686) (providing readings and materials to train community associations to apply CPTED principles to their neighborhoods). 33. For a discussion of social capital, see supra notes 13-14, and accompanying text. 34. See, e.g.,N.Y. GEN. MuN. LAw § 96 (McKinney 1999) (directing community gardens to be "community in scope"). New York's statute reasons that this require- ment will ensure "that all interested families and individuals,who reside in the area, [will] be afforded an equal opportunity to use available plots subject to reasonable continuing tenure."Id. In fact,gardens have been called"significant instrumentalities of community creation." LANDMAN,supra note 28,at 118. For further discussion of the inclusive nature of community gardens,see infra note 37 and accompanying text. 35. See GERALD E.FRuG,CITY MAKING 115(1999)(proposing reconceptualization of local government law in way that redefines city self-interest, includes inter-city connection, and promotes community building). 36. Id. 37. See GAIL FEENSTRA ET AL., ENTREPRENEURIAL COMMUNITY GARDENS 22-23 (1999)(noting community gardens promoted neighborhood cohesion and trust across racial and generational lines); see also, e.g., D'Vera Cohn,Anacostia's `Urban Oa- sis',WASH. POST,July 8, 1999, at DC1 (discussing community garden in Anacostia, Washington,D.C.,where local residents,students,and homeless persons from nearby shelter work together in farming land). 38. Arguments have been made that municipal parks are predominantly developed in white, well-to-do neighborhoods. See Michel Gelobter, The Meaning of Urban Environmental Justice, 21 FORDHAM URB. L.J. 841, 853-54 (1994). Gelobter de- scribes "the often horrific configurations of urban spaces, [where] people of color historically have been denied access to . . . public amenities designed to ease urban tension and provide outlets for physical activity, recreation, and relaxation." Id. at 853;see also Bernadette Cozart, The Greening of Harlem, in AVANT GARDENING 35, 37(Peter Lamborn Wilson&Bill Weinberg eds., 1999)(stating"during the 1990s the 358 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 provision of park facilities was filed in Chicago in the 1980s39 and to protest community garden closure in New York City in the late 1990s.40 Parks and recreation facilities were found to be scarce in black and Hispanic neighborhoods in Chicago.41 Professor Jon Dubin identifies a number of factors that lead to an inequitable distribution of urban facilities in communities of color: racially discriminatory zon- ing practices, urban renewal, discriminatory siting of noxious land uses, and the relocation of communities due to redevelopment.42 Commenting on the causes of the inequitable treatment of many black communities, Professor Dubin asserts that The failure to respect and protect the quality of the residential envi- ronment of these communities is a by-product of separate land use policies, resulting in the absence of zoning protection from diverse modern-day land use threats ranging from the siting of environmen- tal hazards to the foreseeable development-induced displacement of low-income residents.43 Department of Parks of New York City acquired more than 500 acres of new park land. 95 percent of this land was in wealthier white districts which already had more open space per person than poorer districts whose residents are largely people of color."). 39. See Alexander v. Chicago Park Dist., 709 F.2d 463, 467 (7th Cir. 1983) (af- firming denial of preliminary injunction in action alleging, inter alia,racial discrimi- nation in provision of recreational resources in Black and Latino neighborhoods in Chicago because evidence did not credibly support finding of disparate impact). 40. See New York City Envtl.Justice Alliance v.Giuliani,50 F.Supp.2d 250,254- 55 (S.D.N.Y. 1999) (denying preliminary injunction in action brought under city, state, and federal laws including Title VI of Civil Rights Act of 1964 and First Amendment of U.S. Constitution). In New York City Environmental Justice Alliance, although the plaintiffs argued that the auctioning of selected community gardens in New York City had a discriminatory effect on Hispanic and black residents,the court rejected plaintiffs' Title VI claim on the grounds that Title VI only prohibited inten- tional discrimination. See id. at 253. Commentators have analyzed the environmental justice theories raised in New York City Environmental Justice Alliance and in other litigation brought by garden and environmental groups against New York City to halt the auctioning of garden lands. See Stephen L.Kass&Jean M.McCarroll,Environ- mental Justice and Community Gardens, N.Y.L.J., Aug. 27, 1999, at 3, 7. See also infra notes 224-233 and accompanying text. 41. See Cooper,supra note 21, at 17 (discussing Chicago's 1993 Parkland Needs Analysis,which found approximately 135,000 people in Chicago lived in areas under- served by city's park system). 42. See Jon C. Dubin, From Junkyards to Gentrification: Explicating a Right to Protective Zoning in Low-Income Communities of Color,77 MINN.L.REV.739,760- 61,764-68(1993)(examining use of zoning laws that disempower African American communities and identifying constitutional arguments for protective zoning in those same communities);see also Charles P. Lord, Community Initiatives:Environmental Justice Law and the Challenges Facing Urban Communities, 14 VA.ENVTL.L.J.721, 723-24(1995)(describing disinvestment in Boston's inner-city neighborhoods includ- ing permitting trash accumulation, and redlining on bank loans and insurance). 43. Dubin,supra note 42, at 744. 2000] COMMUNITY DEVELOPMENT 359 Community gardens promote self-respect in residents of low-in- come neighborhoods.44 In those instances in which gardens are oper- ated without authorization, community gardens might be viewed as environmental justice self-help.45 This self-help gardening ethic among urban residents is comparable to the wilderness ethic of the environmental movement. Just as the wilderness ethic provides its ad- herents with "the moral value which has as its central theme preserv- ing the Wilderness,1146 so does the gardening ethic offer communities a local, anthropocentric, cultural interaction with nature and neighbors.47 Characterized as part of the "new agriculture,"48 community gar- dening policy furthers local food production and education about na- ture.49 Community food production provides partial relief to the problem of substandard grocery stores, which often operate in low- 44. See HYNES,supra note 19,at 6(describing"pride in the greening of Harlem"); LANDMAN,supra note 28,at 100("Tenants get used to working together,they develop pride,and with the gardens beautifying the grounds,trash is reduced. With their sense that they know how to take joint action the tenant gardeners reported that they are better able to resist drug dealers who thrive in a messy setting."). 45. See SAM BASS WARNER, JR., To DWELL IS To GARDEN 22 (1987). Warner recounts the initiative of community gardeners in the 1970s,who began gardening on lots adjacent to their homes without any formal organization or formal permission. See id. at 27. This initiative reflected a shift in the gardeners'attitude as they stopped waiting for public institutions to act and adopted an outlook of self-help. See id. at 22;see also Catharine R.McManus&Karen N. Steer,Towards a Unified Strategy for Open Space Management in Baltimore: Community-Managed Open Space 6 (1997) (unpublished paper on file with Urban Resources Initiative,205 Prospect Street,New Haven, Conn. 06511, (203) 432-6570) ("Just as often, communities and individuals claim vacant land without undertaking legal formalities by simply planting a tree or a garden."). 46. James M. Caragher, The Wilderness Ethic of Justice William O.Douglas, 1986 U. ILL. L. REv. 645, 645 n.6 (1986). 47. See MICHAEL POLLAN, SECOND NATURE: A GARDENER'S EDUCATION 190-96 (199 1)(describing new garden ethic to supplement wilderness ethic of environmental- ism in United States, and discussing new ethic's local focus, pragmatic orientation, enlightened self-interest, realism regarding nature and human intervention, and les- sons gardeners learn from nature). 48. Neil D. Hamilton, Tending the Seeds: The Emergence of a New Agriculture in the United States, 1 DRAKE J. AGRic. L. 7, 9 (1996) (defining"New Agriculture"as agriculture devoted to producing quality food in system that creates opportunities for farmers,marketers, consumers, and processors to experience satisfaction and whole- someness associated with healthy food system). 49. See id. at 16-18 (discussing important role of community gardens in building strong "community food systems," which can improve quality of community's diet and foster social pleasures associated with food production). Detroit,for example,has operated a Farm-A-Lot program since 1975,using vacant lots to provide inexpensive, fresh produce to low-income communities. See Ruberton,supra note 30, at 22. 360 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 income urban neighborhoods where a lack of transportation limits consumer options.50 Although community gardens are often viewed as an interim use of land,51 over thirty-two percent of the 6,018 gardens responding to a recent national survey had been operating for more than ten years.52 Techniques for maintaining community gardens on a long-term basis, through use of park department stewardship, land trusts, conservation easements, and lease agreements are spreading around the country.53 Under the rubric of an open space preservation policy,54 some localities preserve undeveloped urban land, including "areas whose characteristics would maintain the conservation of natural or scenic 50. For a discussion of the issues concerning food security for urban populations, see Mustafa Koc et al., Introduction: Food Security is a Global Concern, in FOR HUNGER-PROOF CITIES: SUSTAINABLE URBAN FOOD SYSTEMS 1, 3-4(Mustafa Koc et al. eds., 1999). 51. See generally Sarah Ferguson,The Death of Little Puerto Rico,in AVANT GAR- DENING: ECOLOGICAL STRUGGLE IN THE CITY& THE WORLD 60, 66 (Peter Lamborn Wilson&Bill Weinberg eds., 1999) (recalling that gardeners of"Little Puerto Rico' community garden on Lower East Side of Manhattan"were squatters,with no right to the land other than the virtue that led [them] to clean up the forsaken lots in the first place.");WARNER,JR.,supra note 45,at 27(describing trend of individuals to garden without permission on lots adjacent to their homes,"turning the nearby ugly and often dangerous lots into a source of family food and personal accomplishment."). Fergu- son discusses how attempts to lease the land were denied by the city, yet gardening continued. See Ferguson, supra, at 66. 52. See Monroe-Santos,supra note 19, at 12. 53. See Pamela R.Kirschbaum,Borrowed Land,Borrowed Time:Preserving Com- munity Gardens, COMMUNITY GREENING REv., 1998, at 7-11. 54. "Open space"has been defined as: land without structures,that is,with no man-made spatial enclosures—or, alternatively, may include large tracts with only relatively minor struc- tures. Open space thus includes parks,areas used for farms and forestry, and open areas not really used for anything,in gradual transition towards the local climax vegetation. It also clearly includes open areas on the same tract with low-density residential,commercial and industrial devel- opment. Moreover, under the alternative definition above, open space may also include the open areas on large tracts which are reserved, but not fully used, for other purposes, as for example airports and military reservations. 5 NORMAN WILLIAMS, JR. &JOHN M. TAYLOR,AMERICAN PLANNING LAW § 157.01 (rev. 1985). Federal and state governments have increasingly sought to preserve "open spaces"or"green areas"to counter"the accelerating urbanization taking place in the United States and the resulting loss of parks and other green areas." 2 PATRICK J. ROHAN,ZONING AND LAND USE CONTROLS § 16.02[2][b] (1999);see also F. STU- ART CHAPIN,JR. &EDwARD J. KAISER,URBAN LAND USE PLANNING 378-79 (3d ed. 1979)(providing list of policies underlying open space preservation including protec- tion of urban investments and people from natural environmental hazards;protection and management of valuable natural resources and environmental processes; protec- tion and management of natural resources for economic production;protection,provi- sion, and enhancement of natural amenities;protections,provision, and enhancement 2000] COMMUNITY DEVELOPMENT 361 resources or the production of food or timber.1155 Increasingly, locali- ties are recognizing community gardens in their open space planning process.56 These efforts,which coincide with a greater attention to the management of public vacant land, are beginning to correct the marked lack of social planning in comprehensive plans.57 Studies in some cities have identified the need to inventory and track vacant lots to promote possible constructive uses, such as community garden- ing.58 "Community management of open space" emphasizes the ac- tive role of the public in facilitating its use.59 In sum, vacant lots are a considerable hazard to the well-being of an urban community. These lots contribute to the physical debilitation of a community, diminishing its quality of life. Vacant lots can also become host to criminal activity, trash accumulation, and safety hazards. Gardening has developed as a viable alternative to vacancy, of outdoor recreational, educational, and cultural opportunities; shaping urban form; and reservation of land for future urban development). 55. 5 FRANK P.GRAD,TREATISE ON ENvIRoNMENTAL LAW§ 10.03(1999)(summa- rizing state laws that permit acquisition of land for open space preservation). 56. See, e.g., CITY OF BERKELEY, CAL.,2ND DRAFT BERKELEY GENERAL PLAN: A FRAMEWORK FOR PUBLIC DECISION-MAKING:2000-2020 at 68(1999)(listing commu- nity gardens as recreational use within open space category);CITY OF MADISON,WIS. PARKS DIvISION, PARKS AND OPEN SPACE PLANS 32 (1991). Although the city of Madison's 1991 Plan recommended"that the Parks Division be capital funded to ac- quire suitable sites for as many as 2,000 City-owned,permanent garden plots of ap- proximately 200-800 square feet in size each," the 1997 plan dropped the proposal. See id. at 31 (1997) (making no mention of capital funding and although, "Madison needs a public gardening program. . . the Parks Division cannot provide either man- agement or permanent garden sites."); CITY OF SEATTLE, WASH., TOWARDS A SUS- TAINABLE SEATTLE:A PLAN FOR MANAGING GROWTH 1994-2014,at G-74(July 1994) [hereinafter TOWARDS A SUSTAINABLE SEATTLE] (establishing one community garden per 2,500 households as open space goal);see also Kirschbaum,supra note 53,at 7- 11 (examining different approaches used by localities to protect and sustain commu- nity gardens). 57. See BOWMAN & PAGANO, supra note 2, at 10-13 (noting trend among U.S. cities toward tracking and managing vacant urban land). 58. See, e.g., McManus & Steer, supra note 45, at 19 (emphasizing Baltimore's lack of comprehensive list of amount, location, and ownership of vacant lots and proposing computerized database containing property records, ownership liens, and other pertinent information to be located in land management office);see also id. at 3, 5 (explaining ownership and responsibility for Baltimore's 40,000 vacant lots is spread out across 31 city agencies);Ruberton,supra note 30, at 7 (reporting no offi- cial vacant lot or open space policies in Atlanta,which possesses 1,036 acres of va- cant residential land); id. at 20-21 (noting absence of official policy or program in Detroit to redevelop or maintain its approximately 7,400 acres of vacant land). 59. See LISA ARMSTRONG ET AL.,COMMUNITY MANAGED OPEN SPACE ON VACANT PROPERTY IN BALTIMORE 2, 16-17 (1995) (describing community managed open space (CMOS) as vacant lots transformed by individuals or groups into open space with beneficial uses and discussing planning considerations and procedures for imple- menting CMOS projects). 362 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 and has often led to increased safety, beautification, and cooperation within the community. II LEGAL ISSUES FACED BY COMMUNITY GARDEN ORGANIZATIONS Citizens create community gardens to further a variety of social objectives. In their quest to meet these objectives, community garden organizations face a number of complicated issues, such as organiza- tional maintenance, control of garden lands, and access to resources. Each of these issues will be explored in this section. While garden organizations may face additional legal issues stemming from the em- ployment of gardeners and the sale of produce, these considerations are beyond the scope of this section. A. Organizational Maintenance Community garden organizations typically form as unincorpo- rated associations, either as independent entities or under the auspices of a pre-existing community association. However, some organiza- tions incorporate as nonprofit corporations to enhance their ability to obtain grants, to obtain the liability protection afforded individual board members under the corporate form, and to develop the opera- tional structure provided by state nonprofit corporate law.60 An incor- porated community garden organization, like any other corporation, must comply with routine state law requirements such as holding an- nual meetings and elections, filing bylaws, and submitting annual re- ports, or face suspension or revocation of its corporate charter.61 A community garden group often seeks formal recognition as a charitable organization under the federal income tax laws both in or- der to attract in-kind and cash donations from taxpayers who will ben- efit from charitable deductions, and to qualify for grants from 60. See generally BRUCE R. HOPKINS, A GUIDE TO STARTING AND MANAGING A NONPROFIT ORGANIZATION 12-15 (2d ed. 1993) (describing benefits of incorporating as nonprofit organization). 61. See, e.g., Sea-Land Services,Inc.v.Pepper Source,941 F.2d 519,521 (7th Cir. 1999) (stating, inter alia, that "failure to maintain adequate corporate records or to comply with corporate formalities" may lead court to disregard corporate form and pierce veil of limited liability); JAMES D. COX ET AL., CORPORATIONS § 7.4 (1997) (stating lapses in corporate formalities may lead to corporate"veil piercing."). For a discussion of a local ordinance that imposes requirements of corporate formalities on community gardening groups, see AUSTIN, TEX., CODE OF ORDINANCES § 11- 4(A)(2)(a)-(g) (1999) (requiring community gardens to submit articles of incorpora- tion and bylaws to maintain status of"qualified community garden"). 2000] COMMUNITY DEVELOPMENT 363 foundations and governmental offices.62 Community garden organi- zations that combat community deterioration, lessen neighborhood tensions, reduce juvenile delinquency, or educate the public about the environment can demonstrate that they meet the statutory definition of "charitable organization" and qualify for a tax exemption under sec- tion 501(c)(3) of the Internal Revenue Code.63 Recognition of federal tax-exempt status is a requirement for participation in at least one mu- nicipal program for community gardens.64 Charitable community gar- den organizations that have less than $5,000 in annual gross receipts and meet the requirements of 501(c)(3) qualify for an automatic ex- emption, and need not file for recognition.65 Organizations that are recognized as tax exempt under federal law may nonetheless be subject to taxation on income unrelated to the exempt purposes (referred to as unrelated business income taxation or UBIT).66 Many community garden organizations are exempt from 62. See generally BRUCE R. HOPKINS, THE LAW OF TAX-EXEMPT ORGANIZATIONS §§ 6.1-.10(7th ed. 1998)(discussing charitable activities as defined by§ 501(c)(3)of the Internal Revenue Code). Additionally, a community garden organization might seek a federal tax exemption as an educational organization. See generally id. §§ 7.1- .7. As agricultural or horticultural organizations,community gardens may qualify for tax exemption under I.R.C. §501(c)(5). See id. §§ 15.2-3. Organizations that en- gage in"farming"may find it advantageous to organize as a"farmers'cooperative"in order to gain tax-exempt status under § 521 of the Internal Revenue Code. See id. § 18.11. However, these bases for federal income tax exemption are less advanta- geous to most community garden organizations than section 501(c)(3)status because, unlike section 501(c)(3),the exempt status under sections 501(c)(5)and 521 does not confer the benefit of a charitable deduction under I.R.C. § 170 for donors to the organization. 63. See I.R.C. § 501(c)(3) (1994); HOPKINS,supra note 62, §§ 6.6, 7.5; Rev. Rut. 68-655, 1968-2 C.B.213 (determining organization formed to promote racial integra- tion in communities tax exempt under section 501(c)(3)); Rev. Rut. 76-205, 1976-1 C.B. 154(determining organization formed to aid immigrants and eliminate prejudice and discrimination tax-exempt under 501(c)(3)); Rev. Rut. 78-85, 1978-1 C.B. 150 (determining organization operated by volunteers to maintain a public park tax ex- empt under section 501(c)(3));Rev.Rut.68-14, 1968-1 C.B.243(determining organi- zation formed to promote and assist in city beautification projects and public education about street planting tax exempt under section 501(c)(3)because organiza- tion combated deterioration and lessened burdens on government). But see Rev.Rut. 75-286, 1975-2 C.B. 210 (denying section 501(c)(3) exemption to block association formed to preserve and beautify members' block, but granting association section 501(c)(4)tax exemption as social welfare organization). 64. See AUSTIN,TEX.,CODE OF ORDINANCES§ 11-4-1(1)(a)(1999). See discussion infra Part IV.C.3. 65. See I.R.C. § 508(c)(1) (1994); 26 C.F.R. § 1.508-1(a)(3)(b) (1998); INTERNAL REVENUE SERVICE, U.S. DEPT OF TREASURY, PUB. No. 557, TAX-EXEMPT STATUS FOR YOUR ORGANIZATION 14 (May 1997) (exempting organizations having less than $5,000 annual gross receipts and meeting requirements of section 501(c)(3),without filing Form 1023); HOPKINS,supra note 62, § 23.3(b). 66. See generally HOPmNS,supra note 62, ch. 26 (unrelated business activities). 364 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 UBIT under the exception for organizations that carry out a substantial amount of their work through volunteer labor.67 Although there are no reported cases pertaining to the UBIT of community garden organi- zations, it is conceivable that they would be treated similarly to agri- cultural organizations whose revenues from the sale of supplies and equipment are subject to UBIT.68 In addition to benefits from federal income tax laws, a not-for- profit or horticultural organization may qualify for state or local tax exemptions.69 For example, some laws provide tax relief on sales70 and on personal property that the organization owns.71 Community garden organizations must fulfill potentially expen- sive and labor-intensive organization requirements in order to realize their goal of serving the public. In addition to complying with routine state corporate law requirements such as holding annual meetings and elections and filing bylaws, community garden organizations may be required to procure a license to sell produce.72 Furthermore, as enti- ties that have the responsibility for operating garden programs for members and the public, community garden organizations may face legal liability for injury. Garden organizations need appropriate insur- 67. See I.R.C. § 513(a)(1)(1994);HOPKINS,supra note 62,at§27.2(a)(discussing exceptions from unrelated business taxation). 68. See id. § 26.5(e)nn.448-51 (unrelated business activity in labor and agricultural organizations). 69. See, e.g.,CAL.REv.&TAx.CODE§214(West 1998);CONN.GEN.STAY. § 12- 81 (1958 & Supp. 1999); IDAxo CODE § 63-602C (1996); MD. CODE ANN., TAX- PROP. § 7-202(1994&Supp. 1999);MASS.GEN.LAWS ANN.ch. 59, § 5(West 1988 & Supp. 1999); MISS. CODE ANN. § 27-31-1 (1999); MONT. CODE ANN. § 15-6- 201(1)(c)(1999);NEv.REv. STAT. §361.140(1999);N.H.REv. STAT.ANN. § 72:23 (1991 &Supp. 1999);N.Y.TAx LAW§ 1116(McKinney 1987&Supp. 1999);Wyo. STAT. ANN. § 39-16-105 (Mlchle 1999). 70. See,e.g.,N.Y.TAx LAW§ 1116(McKinney 1999);Wyo. STAT.ANN. § 39-16- 105 (Michie 1999). 71. See, e.g., CONN. GEN. STAT. § 12-81 (providing tax exemption to property be- longing to agricultural or horticultural societies);MONT.CODE ANN. § 15-6-201(1)(c) (exempting "property used exclusively for agricultural and horticultural societies"). An organization's property may,of course,be treated differently according to its use. See Down Home Project,Inc. v. Dep't of Revenue of the State of Mont.,No. SPT- 1991-4, 1993 Mont.Tax LEXIS 12,at*10(Mont.Tax App.Bd.Jan.21, 1993)(find- ing donated residential properties in which community gardeners reside and at which gardening workshops were conducted were properly exempt from state taxation under Montana law). 72. See, e.g.,MINNEAPOLIS,MINN.,CODE of ORDINANCES§ 265.360(1996),avail- able in <http://www.municode.com/CGI-BIN/om isapi.dll?infobase=11490.NFO& softpage=Browse_Frame_Pg42> (permitting nonprofit organization to obtain license to sell vegetables, fruits, garden produce, farm produce, and arts and crafts on its premises or on public rights-of-way). 2000] COMMUNITY DEVELOPMENT 365 ance coverage for personal injury that occurs either on garden lands or while using any of the organization-owned garden equipment.73 B. Control of Garden Lands In some jurisdictions, publicly owned vacant lands may be used for community gardens.74 The duration of garden lot leases is speci- fied in various authorizing laws, and ranges from as long as five years (renewable) in Seattle,75 to two years in Boston,76 to as short as one growing season under New York law.77 Although these leases each run for a specific term, some are terminable on short notice. The Adopt-A-Lot program in Baltimore, Maryland, for example, provides renewable one-year leases, but the city reserves the right to terminate the agreement upon thirty days notice to use the lot for another public purpose, and upon five days notice in the event of complaints concern- ing the use of or condition of the lot.78 Although Chicago permits community garden organizations to use specific sites that it has agreed not to develop for three years, the city refuses to enter into any leases with community garden groups.79 Furthermore, some leases may re- quire gardening groups to provide liability insurance80 and to ac- knowledge that the governmental lessor is not responsible for providing compensation for any improvements to its land.81 Gardeners sometimes seize control of privately owned vacant ur- ban lots by beginning to use them when the land becomes vacant. While there may be no expressed objection to such use when the va- cant land is owned by an absentee private owner, squatters neverthe- less face such obstacles as prosecution for trespass and difficulty in 73. See ACGA Programs,AM. COMMUNITY GARDEN Ass'N(visited Mar. 10, 1999) <http://communitygraden.org/programs/index.htrnl>(reporting American Community Gardening Association, national organization promoting community gardening, is currently negotiating General Liability Insurance program for its members). 74. See, e.g., N.Y. AGRic. & MKTS. LAw § 31-g to -i (McKinney 1991). 75. See SEATTLE, WASH., PUBLISHED ORDINANCES § 3.35.080 (1997). 76. See Cooper, supra note 21, at 8. 77. See N.Y. AGRIC. &MKTs. LAw § 31-h(2)(b) (McKinney 1991). 78. See DEPARTMENT OF PUBLIC WORKS, BALTIMORE, MD., LICENSE AGREEMENT FOR ADOPT-A-LOT paras.6,7,9(on file with New York University Journal of Legisla- tion and Public Policy);see also ARMSTRONG ET AL.,supra note 59, at 16-20 (con- taining terms of agreement for Adopt-A-Lot gardens). 79. See Cooper, supra note 21, at 19. 80. See DEPARTMENT OF PUBLIC.WORKS,BALTIMORE,MD.,supra note 78,para. 3; see also TENN. CODE ANN. §43-24-103 (1993) (requiring that "any person who is granted the use of garden land shall indemnify and save harmless the state of Tennes- see. . .against suits and any claims of liability arising out of,or in consequence of the use of vacant public land."). 81. See DEPARTMENT OF PUBLIC WORKS,BALTIMORE,MD.,supra note 78,para. 3. 366 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 obtaining a water supply. Squatters may also have difficulty obtaining insurance coverage for injuries that occur on the land. A claim of ownership may mature when the garden organization adversely possesses a vacant lot.82 Adverse possession allows for the transfer of title from the owner to those in continuous possession for a prescribed number of years.113 However, such title is unlikely to be marketable without litigation.84 Gardeners may also seek the use of garden land through a claim of an implied dedication.85 An implied dedication of land to public use can occur when the public uses land for recreational purposes for a requisite period with the knowledge of the owner and without the owner's permission or objection.116 Like adverse possession, a claim of implied dedication may involve exten- sive litigation that requires the party asserting the claim to meet a high evidentiary burden.87 Outright ownership of garden lands provides the greatest degree of control. While ownership of garden lots may be feasible and pru- dent for community organizations that are firmly established, the pro- cess of obtaining title may require a greater investment of resources and a longer time commitment than less established garden organiza- tions can provide.88 For example, unless relief by means of a tax ex- 82. Adverse possession permits the occupier of another's land to gain title to the land if that possession is actual, open and notorious,hostile, exclusive, and continu- ous. See, e.g.,ROGER A.CUNNINGHAM ET AL.,THE LAW OF PROPERTY§ 11.7(1993). Nevertheless,there is a split of authorities on whether seasonal use of unenclosed land constitutes the actual,open and notorious,continuous,hostile,and exclusive use nec- essary to gain title through adverse possession. See id. § 11.7 nn.10, 11. 83. See, e.g.,N.Y. C.P.L.R. §212(a)(McKinney 1990)(requiring claimant to pos- sess land for 10 years prior to commencing claim for adverse possession). 84. See generally RALPH E.BOYER, SURVEY OF THE LAW OF PROPERTY 236(1981) (describing taking title by adverse possession as "drastic procedure" with claimant bearing burden of proof). 85. See JESSE DUKEMINIER&JAMES E.KRIER,PROPERTY 814(2d ed. 1998)(defin- ing implied dedication as situation where"the landowner evidences an intent to dedi- cate and the state accepts by maintaining the land used by the public");see generally Neal A.Roberts,Beaches: The Efficiency of the Common Law and Other Fairy Tales, 28 UCLA L.REV. 169 (1980)(discussing reallocation of rights between public users and private owners). 86. See Gion v. City of Santa Cruz, 465 P.2d 50, 59 (Cal. 1970) (holding implied dedication of shoreline property occurred when public used land for recreational pur- poses for more than five years, with knowledge of owner, without owner's permis- Sion, and without any objection). 87. See State ex rel Haman v. Fox, 594 P.2d 1093, 1100 (Idaho 1979) ("Party claiming a right by dedication bears the burden of proof on every material issue. The intent of the owner to dedicate his land to public use must be clearly and unequivo- cally shown and must never be presumed."). 88. See, e.g., NEIGHBORSPACE, IT'S YOUR LITTLE CORNER OF GREEN (noting few community groups and local businesses can take costly and complicated step of buy- 2000] COMMUNITY DEVELOPMENT 367 emption is provided, paying property taxes on garden land can be a major obstacle to ownership for fledgling garden organizations.89 For those garden organizations that are interested in ownership, quieting or obtaining title to vacant lots may prove time-consuming and costly. Privately owned vacant lots in urban areas are often en- cumbered by property tax, utility, and other liens, particularly if there was once a structure on the land. Transferring title to land encum- bered with liens is difficult. Even if title is transferred, failure to sat- isfy these liens may result in insecurity of title and an ultimate loss of control. C. Raising Other Resources Community garden organizations may need legal assistance in obtaining required resources: access to land, water, materials (for ex- ample, seeds, water, water hoses, fertilizer, tools, perimeter fencing, storage bins or sheds, vehicles, signs, benches and walkways), and technical expertise on gardening. For example, installing a water con- nection to a vacant lot may require special approval from the local municipality.90 To assist community garden organizations in these sit- uations, public agencies such as state university cooperative extension service offices and municipal departments offer educational and tech- nical support.91 Funding for the gardens has also been provided by ing land for gardens)(pamphlet,on file with New York University Journal of Legisla- tion and Public Policy);see also, e.g.,WARNER,JR.,supra note 45,at 34(describing precarious position of smaller fledgling community gardening groups in contrast to municipally-recognized gardening organizations in Boston); William Poole,Preserv- ing Urban and Suburban Gardens and Parks: The Trust for Public Land and Its Partners, in LAND CONSERVATION THROUGH PUBLIC/PRIVATE PARTNERSHIPS 61, 71 (Eve Endicott ed., 1993)(describing essential assistance provided by Trust for Public Land to small gardening groups in securing properties and "negotiat[ing] long-term leases . . . to purchase and hold parcels"). 89. See, e.g.,MD.CODE ANN.,TAx-PROP. §9-107(1999)(providing tax exemption for lands donated to conservation organization under conservation easement). The Community Law Center considered making a legislative proposal to exempt the real and personal property of low-income charitable community organizations with net yearly assets under $10,000. See Letter from Kristine Dunkerton, Staff Attorney, Community Law Center, Baltimore, Md., to Jane Schukoske, Associate Professor, University of Baltimore 2 (Nov. 22, 1999) (on file with author). 90. See AUSTIN, TEx., CODE OF ORDINANCES §25-9-99 (1999); see also ARM- STRONG ET AL.,supra note 59,at A-6(reporting water line in Baltimore can cost from $2,000 to $3,000 to install and requires agreement with land owner). But see E-mail from Kristine Dunkerton,Staff Attorney,Community Law Center,to Jane Schukoske, Associate Professor,University of Baltimore School of Law(Mar. 28,2000)(stating Baltimore City Department of Public Works has waived installation costs and water charges upon showing of garden's public benefit). 91. Extension service programs vary widely.See, e.g.,Ohio State University,Seeds of Hope. . . Harvest of Pride! (last modified Dec. 30, 1999)<http://www.bright.net/ 368 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 general state revenues,92 grants,93 and other creative funding mechanisms.94 III INTERMEDIARIES: CLEARING TITLE AND MOLDING LAND In an attempt to quiet title and hold land, community gardening groups have sought the assistance of intermediary organizations. The forms of these intermediaries evolve in response to local contexts. The role of land banks, land trusts, and the potential role of a land reserve agency described in the American Law Institute's Model Land Development Code provide some examples of this intermediary function. The process of clearing title and holding land typically begins by mapping an area, determining ownership of each lot, and researching gardens/whatis.html>(describing Ohio State University Extension's Urban Garden- ing Program,which provides leadership training,soil improvement,approved vegeta- ble garden cultural practices, responsible use of pesticides and fertilizers, gardening advice,encouragement of entrepreneurial opportunities,adaptation of gardening activ- ities into classroom curricula, and development of user-friendly educational materi- als); University of Arizona, Community Gardening in Maricopa County Arizona (visited Apr. 4, 2000) <http://ag.arizona.edu/maricopa/garden/html/comunity/ comunity.htm> (describing University of Arizona Cooperative Extension Maricopa County Home Horticulture program which provides information on seed sources, sources for organic matter,and technical and educational assistance);WSU Coopera- tive Extension in Pierce County,Master Gardener, WASH. ST.U. (last modified Apr. 28, 1999) <http://www.pierce.wsu.edu/text/progmg.htm> (describing Master Gar- dener program of Washington State University Cooperative Extension in Pierce County,which provides advice on growing plants,insect identification,and managing disease problems). For a discussion of municipal support, see infra Part IV.C. 92. See S. 2000, 208th Leg.,Reg. Sess. (N.J. 1998) (proposing appropriating New Jersey general revenue funds for Urban Agriculture and Community Gardens Pro- grams in Trenton and Camden). 93. See, e.g., Cooperative State Research, Education, and Extension Service Re- quest for Proposals: Community Food Projects Competitive Grants Program, 64 Fed. Reg. 19,430 (1999) (announcing availability of grant funds for U.S. Department of Agriculture Community Food Projects Competitive Grants Program, which provides funding and technical assistance for community garden projects); CAL. EDUC. CODE § 51795-98 (West 1999) (establishing instructional school gardens program and di- recting California Integrated Waste Management Board to give program preferential consideration during Board's annual discretionary grant-funding process); ILL. AD- MIN. CODE tit. 47, § 120.110 (1999) (determining community garden projects to be example of typical nutrition program,which may be funded under Community Serv- ices Block Grant program). 94. See National Landmarks Committee of National Park System Advisory Board Meeting, 2 Fed. Reg. 54,652 (1997) (reporting terms of Consent Decree in case brought under Clean Water Act and Resource,Conservation and Recovery Act,which mandated restoration of community garden). 2000] COMMUNITY DEVELOPMENT 369 the tax and other liens on the property.95 In Atlanta, for example, the Fulton County/City of Atlanta Land Bank Authority has the power to forgive taxes on abandoned, tax-delinquent properties.96 Of the 1,036 acres of vacant residential land in Atlanta, seventy-five percent is pri- vately owned, and approximately 700 applications for forgiveness of delinquent taxes were filed with the Land Bank Authority.97 A re- searcher has explained why an intermediary, distinct from community organizations and governmental entities, is needed to clear title: [T]he complicated process of determining property ownership (not to mention the expense of purchasing property saddled with back taxes, liens and even unpaid utility bills) poses one of the greatest barriers to reclamation of vacant land. This obstacle alone can be enough to prevent communities from taking on the responsibility of managing vacant lots by converting them into open spaces. They may reasonably fear that without proper title and ownership, they may lose the property, and therefore all their hard work rehabilitat- ing it, down the line. The creation of the Land Bank Authority in Atlanta demonstrates in the clearest terms how reducing bureau- cracy and red tape associated with the lien release process can have the net result of encouraging housing and commercial redevelop- ment, as well as the creation of new community managed open spaces.98 The problem of cumbersome lien clearance procedures is being examined in many cities including Baltimore99 and Chicago.loo Land trusts, nonprofit corporations established to hold title in perpetuity expressly for community purposes, can play a key role in community garden development.lol In a number of cities, land trusts 95. See generally INST. FOR COMMUNITY ECON., THE COMMUNITY LAND TRUST HANDBOOK 148-55 (1982). 96. See FULTON COUNTY/CITY OF ATLANTA, LAND BANK AUTHORITY (pamphlet, on file with New York University Journal of Legislation and Public Policy);Ruberton, supra note 30, at 16-17. 97. See Ruberton, supra note 30, at 16. 98. Id. at 18. 99. See William Schockner, Baltimore City Government and the Management of Open Space 7(1997)(unpublished paper,on file with the Baltimore Urban Resources Initiative,Parks and People Foundation, 1901 Eagle Dr.,Baltimore,Md.21207(410) 396-0730)). 100. See Cooper,supra note 21,at 17-19(discussing Chicago's CitySpace Plan rec- ommendation to Chicago Tax Reactivation Program, which would facilitate transfer of city-owned lots and tax-delinquent parcels to community groups). 101. See, e.g., INST. FOR COMMUNITY ECON.,supra note 95, at 18 ("A community land trust is an organization created to hold land for the benefit of a community."); Terry Bremer,Portrait of Land Trusts,in LAND-SAVING ACTION 17(Russell L.Bren- neman & Sarah M. Bates eds., 1984) (defining "land trust" as "a private, nonprofit entity directly involved in land transactions that protect open space, recreation, and 370 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 own and provide liability coverage for community gardens.102 In ad- dition to owning land, land trusts negotiate conservation easements 103 on privately owned land to use for gardening.104 This is an expansion of traditional state conservation easements that have been widely used to protect the natural, scenic, and open-space values of property.105 In resource lands."). Bremer discusses the growth of land trusts in the second half of the twentieth century. See, e.g.,id. Presently,there are 1,227 local,regional and national land trusts in the U.S. See Land Trusts: The Front Guards of Land Protection,LAND TRUST ALLIANCE (visited Nov. 14, 1999) <http://www.Ita.org/whatlt.html> (describ- ing land trusts as nonprofit,voluntary organizations that use conservation easements, land donations and purchases,and strategic estate planning to protect America's open spaces and green places,which are threatened by sprawl and development); Stephen G. Greene, Preserving Open Space for the Ages, CHRoN. PHILANTHROPY, July 29, 1999, at 1 (reporting approximately 1,200 land trusts,with total membership close to one million individuals, have protected nearly five million acres of farms, ranches, wetlands, forests, and other open space). For an example of a land trust, see TRUST FOR PUBLIC LAND,LAND AND PEOPLE: GREENING THE CITIES ANNUAL REPORT 1992, at 12 (1992) (describing Trust for Public Land's protection of 70 urban community gardens in New York City since 1978). The Trust for Public Land is a national land conservation organization founded specifically to save land for public use and appre- ciation and to assist the development of communities. See also, e.g., Poole, supra note 88, at 61. Poole discusses the role the Trust for Public Land played in creating community gardens in Manhattan's Upper West Side and Boston's South End; id. at 71-72. Additionally, for a discussion of the achievements of a Chicago-based land trust formed in 1996,which has grown to hold interests in 52 park and garden sites by 1998, See NEIGHBORSPACE, 1998 ANNUAL REPORT (1998). 102. See Cooper,supra note 21,at 6;NEIGHBORSPACE,supra note 88 (stating once NeighborSpace (land trust) owns property, it obtains liability insurance for it). 103. A conservation easement is generally defined as"a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use . . . ." UNIF. CONSERVATION EASEMENT ACT § 1(1), 12 U.L.A. 170(1996). For further examination of conservation easements, see generally Melissa Waller Bald- win, Conservation Easements: A Viable Tool for Land Preservation, 32 LAND & WATER L. REV. 89, 103-20 (1997) (discussing features, advantages, and disadvan- tages of conservation easements). Baldwin reports that 46 states and the District of Columbia have enacted legislation recognizing conservation easements; additionally, although Pennsylvania lacks legislation, its common law favors conservation ease- ments. See id. at 109. Baldwin attributes the popularization of conservation ease- ments as a tool for land preservation to William Whyte. See id. at 90 n.5 (citing William Whyte, Serving Open Space for Urban America: Conservation Easements, 36 URB. LAND INST. TECHNICAL BUL. 1 (1959)). 104. See Poole, supra note 88, at 66-67; Baldwin,supra note 103, at 105-06. 105. See, e.g., ALA. CODE §§ 35-18-1 to -6 (Supp. 1999); ARiz. REV. STAT. ANN. §§ 33-271 to-276(West 2000);DEL.CODE ANN.tit.7,§§ 6901-6906(1991 &Supp. 1998);FLA.STAT.ANN. § 704.06(West 1988&Supp.2000);GA.CODE ANN. §§44- 10-1 to-5(1982&Supp. 1999);IDAHO CODE§§ 55-2101 to-2108(1994);IND.CODE ANN. §§ 32-5-2.6-1 to-7 (West Supp. 1999); KAN. STAT.ANN. §§ 58-3810 to-3817 (1994);KY.REV.STAT.ANN.§§ 382.800-.860(Michie Supp. 1998);MD.CODE ANN., REAL PROP. § 2-118(1996);ME.REV. STAT.ANN.tit. 33, §§476-479B(West Supp. 1999);MINN.STAT.ANN. §§ 84C.01—.05(1995);Miss.CODE ANN. §§ 89-19-1 to-15 2000] COMMUNITY DEVELOPMENT 371 exchange for allowing a community garden to be established on their property, landowners may receive income, property, and estate tax benefits.106 To secure a conservation easement, a willing grantor is needed. However, in distressed urban neighborhoods property owners have often neglected and abandoned their properties and these owners can- not be located. Under these circumstances, obtaining conservation easements would not be a viable alternative. A land reserve agency—a state agency that acquires land for the express purpose of implementing the state's long-term land use poli- cies and planning objectives107—can serve as another intermediary entity in the public acquisition of lots for gardening. The American Law Institute proposed a model state land reserve agency which would enable state and local governments to hold land for future de- velopment.108 If implemented, land reserves would be another source of public land that could be made available for gardening purposes. IV EXISTING STATE AND LOCAL LEGISLATION ON COMMUNITY GARDENS Some state and local legislation provides support for the develop- ment of community gardens. Nevertheless, the state laws generally focus on narrow governmental interests such as: providing clear au- thorization of use of public lands;109 limiting time for gardening use (1999);NEv.REv. STAT. §§ 111.390-.440(1999);N.M. STAT.ANN. §§47-12-1 to-6 (Michie 1995);N.Y. ENVTL. CONSERV. LAW §§49-0301 to-0311 (McKinney 1997); S.C. CODE ANN. §§27-8-10 to -80 (Law Co-op Supp. 1999); TEX. NAT. RES. CODE ANN. §§ 183.001-.005 (1993); VA. CODE ANN. §§ 10.1-108 to -114 (Michie 1998); WASH. REv. CODE § 64.04.130 (1994); Wis. STAT. ANN. § 700.40 (1997). 106. See I.R.C. § 170(f)(3)(B)(iii), (h)(1)-(4) (1994). Under federal law governing charitable deductions from income, the donation of a conservation easement may qualify as a deductible gift if it is given to an organization exclusively for conserva- tion purposes. See id. § 170(h)(1)(C). The value of the deduction is determined by subtracting the fair market value of the land without the easement from the value of the encumbered property. See Baldwin, supra note 103, at 107. Federal estate tax benefit provisions are available for conservation easements as well. See I.R.C. §2031(c) (Supp. 1997); Brenda J. Brown, Land Preservation Provides Estate Tax Benefits: Section 2031(c), 17 UCLA J.ENVTL.L.&POL'Y 117, 121-23 (1998-1999). Property tax relief is available in some states. See, e.g.,MD. CODE ANN. TAX-PROP. § 9-107 (1999) (providing property tax credit for land with perpetual conservation easement). 107. See MODEL LAND DEV. CODE § 6-101 (1976). 108. See id. 109. See, e.g., TENN. CODE ANN. §43-24-103(a) (1999) (stating citizen may use vacant public lands after applying for and receiving permit from commissioner). 372 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 by establishing short lease periods;110 and protecting governments from tort liability for injury during such use.'1' Often this legislation fails to provide for successful interim use of the vacant land. Legisla- tors should realize that community gardening is consistent with social policies such as the promotion of health and welfare, environmental protection, economic development, education, youth employment, and tourism. The promotion of these policies through community garden- ing requires provisions designed to provide permanence as well as technical and material support. Provisions permitting government of- ficials to summarily close community gardens are inconsistent with the aforementioned social policies. A. State Statutes Recognizing Community Gardens as a Public Use Some state laws recognize community gardens as a permissible public use of state and local land.'12 In states where no express com- munity garden statutes can be found, it is conceivable that general provisions regarding parks and recreation or agriculture may serve as a basis for community garden activity. Some state legislation specifi- cally mentions community gardens within its provisions on food pro- duction and agriculture,'13 education,'14 parks and environment,'15 110. See supra notes 75-77 and accompanying text. 111. See,e.g.,TENN. CODE ANN. §43-24-103(d)(stating person granted use of gar- den land shall indemnify and hold harmless state of Tennessee). 112. See, e.g.,N.Y. AGRTC. &MKTS. LAW §31-i(1) (McKinney 1991). 113. See,e.g.,MASS.GEN.LAWS ch.20, §§ 13-18(West 1999)(authorizing Bureau of Land Use in Division of Agricultural Development of Department of Food and Agriculture to enter into agreements with applicants for use of public vacant lands for garden, arbor, or farm purposes); MASS. REDS. CODE tit. 330, § 18.02 (1999) (gov- erning acquisition of land by Bureau from other public agencies and private owners by contract and agreement, to be offered to civic groups organized for garden pur- poses);N.Y. AGxic. & MxTS. LAW § 31-g(1) (McKinney 1999) (defining "commu- nity garden," as "public or private lands upon which citizens of the state have the opportunity to garden on lands which they do not individually own"); see also 20 Iii. COMP. STAT. 3923/1-/99 (West 1997) (repealed 1999) (establishing task force to de- velop two year community food garden pilot program). 114. See, e.g., CAL. EDUC. CODE § 10901(f) (West 1999) (defining "recreation center" to include recreational community gardens); CAL. EDUC. CODE §§ 51795-51798(West 1999)(establishing instructional school garden program to be administered by state Department of Education through allocation of grants to school districts and county offices of education). 115. See, e.g.,N.Y.COMP.CODES.R.&REGS.tit.9,§437.1 (4)(x)&(6)(iii)(1999) (providing community gardens eligibility as municipal park project for state assist- ance); id. §441.1(c)(2) (declaring community gardens as eligible development projects under Part 441, "Parks Projects"). 2000] COMMUNITY DEVELOPMENT 373 and social services.'16 In addition to provisions in substantive codes, authorization for use of state and municipal land for community gar- den programs appears in municipal enabling law,'17 state government codes,118 and one state's state code.119 Furthermore, public housing authority laws often define "housing project" to include lands for gar- dening on the property.120 One state even recognizes community gar- 116. See,e.g.,Wis. STAT. §46.765(2)(1998)(authorizing community-based hunger prevention program grants to develop "innovative hunger prevention resources and programs, such as community gardens . . . ."). 117. See N.Y. GEN. MuN. LAW § 96(McKinney 1999)(authorizing municipality to hold land for community gardening purposes and assist in their development by con- tributing or providing at cost initial site preparation and materials such as soil,perime- ter fencing, storage bins, fertilizer, and municipally produced compost, seeds, and tools). 118. See CAL. GOV'T CODE § 12804.5 (West 1999) (authorizing Secretary of State and Consumer Services Agency to develop program of technical and financial assist- ance for self-help community vegetable gardens); id. § 14670 (authorizing Depart- ment of General Services to lease state lands for period up to five years to public agency at less than fair market value for use as self-help community vegetable gar- dens); id. § 66477(i) (including"recreational community gardening"within purview of"park and recreational purposes"). In addition, authorization for use of state and municipal land for community gardening programs once appeared in now repealed laws. See,e.g.,20 ILL.COMP. STAT.3923/5(West 1997)(repealed 1999);N.Y.EXEC. LAW §§ 848-848-d, repealed by 1986 N.Y. Laws 862, § 3. Many of the substantive provisions of sections 848 through 848(d) have been transferred into New York's Agriculture and Market Laws. See N.Y.AGRIC.&MKTs.LAW§§ 31-g to-i(McKin- ney 1991). 119. See CAL. STS. &HiGH. CODE § 104.7(a) (West 1999)(authorizing Department of Transportation to lease unimproved land held for future projects to community gardens). 120. See,e.g.,ALA.CODE§24-1-22(9)(1999)(municipal housing authorities);ALA. CODE §24-1-61(8) (county housing authorities); A1uz. REV. STAT. § 36-1401 (West 1999) (municipal housing authorities); Alec. CODE ANN. § 14-169-203 (1997); CAL. HEALTH & SAFETY CODE § 34212(a) (West 1999); COLO. REV. STAT. §24-55-101 (1998); COLO. REV. STAT. §29-4-103 (1998) (slum clearance); COLO. REV. STAT. §29-4-203 (creating housing authorities); COLO. REV. STAT. § 29-4-502 (county housing authority); CONN. GEN. STAT. ANN. § 8-39 (West 1999) (municipal housing authorities); CONN. GEN. STAT. ANN. § 8-113a(West 1999) (housing for elderly per- sons); IDAHO CODE § 31-4203 (1999)(county housing authority); IDAHO CODE § 50- 1903 (1999) (municipal housing authority); KY. REV. STAT. ANN. § 80.010 (Michie 1998) (low cost housing); MD. CODE ANN. § 1-103 (1998); MISS. CODE ANN. § 43- 33-1 (1998) (housing authorities); Mo. REV. STAT. § 99.020 (1999); MONT. CODE ANN. § 7-15-4402 (1998) (municipal housing authorities); N.H. REV. STAT. ANN. §203:3(1999)(housing authorities);N.J.STAT.ANN. §40A:12A-3(West 1999)(mu- nicipalities and counties);N.M. STAT.ANN. § 3-45-3 (Michie 1999)(municipal hous- ing);N.M. STAT.ANN.§ 11-3A-3 (Michie 1999)(regional housing);N.C.GEN. STAT. § 157-3 (1999) (housing authorities); N.D. CENT. CODE §23-11-01 (1999) (housing authorities); OHio REV. CODE ANN. § 3735.40 (Anderson 1999) (metropolitan hous- ing authority); OR. REV. STAT. §456.065 (1997) (housing authorities); PA. STAT. ANN.tit.35,§ 1543(1999)(housing authorities);P.R.LAWS ANN.tit. 17,§ 33 (1996) (housing authorities); R.I. GEN. LAWS §45-25-3 (1998) (housing authorities); TENN. CODE ANN. § 13-20-102 (1999) (housing authorities); TEX. Loc. GOVT CODE ANN. 374 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 dens as an amenity for purposes of its low-income housing tax credit system.121 Community gardens appear explicitly in New Jersey's an- nual appropriations act 122 and in Illinois's community development block grant regulations.123 They are also acknowledged in exemptions from waste management and pollution control requirements,124 and from a drought water emergency plan.125 1. New York State: Agriculture and Markets Law Certain states, such as New York,have adopted some of the basic statutory elements for a successful community gardening program. In 1978, New York incorporated provisions governing community gar- dens into its Executive Law.126 New York state law provides for com- piling an inventory of vacant lots; permitting the use of public lands for community gardens; and coordinating gardening groups and state and local agencies to facilitate the use of vacant public lands.127 Im- plementation of these laws requires the Office of Community Gardens to identify vacant lands;128 establish a clearinghouse to provide infor- mation and referrals to gardeners;129 and encourage contact between § 392.002 (West 1999) (housing authorities); VT. STAT. ANN. tit. 24, §4002 (1999) (housing authorities); VA. CODE ANN. § 36-3 (Michie 1999) (housing authorities); WASH.REv.CODE ANN.§ 35.82.020(West 1999);Wis. STAT. § 66.395(1998)(hous- ing authorities for elderly persons); Wis. STAT. § 66.40 (1998) (housing authorities). The definition has also been adopted in other contexts of housing development. See, e.g., FLA. STAT. ch. 159.603 (2000) ("housing development" for purposes of bond financing); HAW.REv. STAT. §201G-1 (1999)("housing project"owned by Housing and Community Development Corporation of Hawaii);IDAHO CODE§ 67-6205(1999) (in Idaho Housing Agency); IND. CODE ANN. § 5-20-3-2 (Michie 1999) (in mutual housing association); N.H. REv. STAT. ANN. §204-C:1 (1999) (for housing finance authority); PA. STAT. ANN. tit. 35, § 1595.3 (1999) (in national defense housing). 121. See N.J. ADMIN. CODE tit. 5, § 5:80-33.16 (Supp. 1999). 122. See, e.g., S. 2000, 208th Leg., Reg. Sess. (N.J. 1998) (proposing New Jersey general revenue funds appropriation for Urban Agriculture and Community Gardens Programs in Trenton and Camden, vetoed by Governor Christine Todd Whitman). 123. See, e.g., ILL. ADMIN. CODE tit. 47, § 120.110 (1999) (including community gardening projects within scope of state-funded nutrition programs). 124. See, e.g., CAL. CODE REDS. tit. 14, § 17855(a)(1) (1999) (exempting commu- nity gardens from requirements for composting operations or facilities); ILL. ADMIN. CODE tit. 35, § 830.104 (1994) (exempting community gardens from composting regulations). 125. 4 PA.CODE§ 119a.3(1999)(watering of urban gardens is"nonessential use"of water supply under Philadelphia Drought Water Emergency Plan). 126. See N.Y.EXEC.LAW§§ 848-848-d,repealed by 1986 N.Y.Laws ch. 862, § 3. Many of the substantive provisions of sections 848 through 848-d have been trans- ferred into New York's Agriculture and Market Laws. See N.Y. AGRIC. & MKTS. LAW §§ 31-g to -i (McKinney 1999). 127. See N.Y. AGRIC. &MKTs. LAW § 31-h (McKinney 1991). 128. See id. § 31-h(2)(a). 129. See id. § 31-h(2)(b). 2000] COMMUNITY DEVELOPMENT 375 established and nascent community garden programs.130 The New York legislature has determined that community gardening of vacant land preserves open space; discourages illegal dumping and vandal- ism; and offers environmental, educational and nutritional benefits.131 Although the law initially prohibited the sale of produce from commu- nity gardens, this limitation was repealed in 1987.132 New York's current statutory scheme provides for interagency, intergovernmental, and public or private coordination of community gardens through the state's Office of Community Gardens (OCG).133 The OCG is a subdivision of the state's Department of Agriculture and is responsible for identifying vacant public lands.134 The OCG coor- dinates with other state agencies including the departments of environ- mental conservation, education, state, and cooperative extension in an effort to create viable community gardens.135 In practice, the OCG assesses the suitability of vacant public land for community garden 130. See id. § 31-h(2)(c). 131. As the relevant law states: The legislature hereby finds that the publicly owned vacant lands in and around population centers are of great value to the community when properly used. Permanent garden sites are a community asset both as attractive open space and as a source of locally produced food. Gardening serves as a productive use of vacant lands which other- wise untended often become unsightly and unsafe dumping grounds. Open space given to use as community gardens reduces vandalism, en- genders a sense of community involvement and increases surrounding property values. In addition,neighborhood gardening offers environmen- tal, educational, and nutritional benefits to the community. The legislature further finds that many more people in the state would garden if provided access to land and assisted with necessary tech- nical information. The resulting food production would be a substantial cost savings to low-income families and nutritional benefit to all participants. It is hereby declared to be the policy of the state to encourage com- munity gardening efforts by providing access to land, offering technical and material assistance to those groups seeking to rehabilitate or better use vacant lands by gardening and other greening practices. 1978 N.Y.Laws 632, § 1. Andrew Stone of the Trust for Public Land does not"be- lieve [this legislation] ever led to much activity—primarily given the reality that so much control over land and related resources for comm [sic] gardening is at the mu- nicipal level." E-mail from Andrew Stone, Director of the New York City Program, The Trust for Public Land,New York,N.Y.,to Jane Schukoske,Associate Professor, University of Baltimore School of Law (Dec. 6, 1999) (on file with author). Stone served as a member of the Advisory Committee for the New York Office of Commu- nity Gardens for several years before the office was disbanded. See id. 132. See N.Y. Exsc. LAW § 848-c (1978), repealed by 1986 N.Y. Laws 862, § 3. 133. See N.Y. AGRIC. &MKTS. LAW § 31-h(1). 134. See id. § 31-h(2)(A). 135. See id. § 31-h(1).The OCG will also coordinate with municipalities in order to carry the state's community garden provisions. See id. 376 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 purposes; matches the vacant public land to interested community groups; supports and encourages contact between existing garden pro- grams and the new garden program; provides assistance; and seeks funding to the extent it is available.136 In New York, "vacant public land" means "any land owned by the state or a public corporation including a municipality that is not in use for a public purpose, is otherwise unoccupied, idle or not being actively utilized for a period of at least six months and is suitable for garden use."137 Any state entity "with title to vacant public land may permit community organizations to use such lands for community gar- dening purposes."1311 To limit bureaucratic delay, state agencies must respond to an application to use the public land for such purposes within 30 days and make a final determination within 180 days.139 The law also allows for similar cooperation between the OCG and municipal agencies to identify land resources suitable for garden- ing.14o A "municipality" is defined by the code as "any county, town, village, city, school district or other special district."141 With or with- out the assistance of the OCG, the municipality may permit the crea- tion of a community garden on land that it holds outright in fee or through a lease, contract, or agreement with the land owner.142 Financial assistance from the government is also permissible under New York's statutory scheme. Municipal corporations may contribute or provide at cost"initial site preparation, including top soil and grading; water systems; perimeter fencing; storage bins or sheds; and other necessary appurtenances or equipment."143 The statute spe- cifically states that loaning tools to the community garden, or the at- cost sale of seeds, municipally-produced compost, and tools are valid municipal purposes.144 Community gardeners' use of public lands is conditioned on meeting certain requirements.145 Conditions may include acquisition of liability insurance and acceptance of liability for injury or damage resulting from the use of the land for community gardening.146 Simi- 136. See id. § 31-h(2)(d). 137. Id. § 31-g(6). 138. Id. § 31-i(1). 139. See id. § 31-i(2). 140. See id. § 31-h(1)to -h(2); see also N.Y. GEN. Mule. LAW § 96(2) (McKinney 1991). 141. N.Y. AGRic. & MKTs. LAW §31-g(3). 142. See N.Y. GEN. MuN. LAW § 96(1). 143. Id. §96(3). 144. See id. § 96(4). 145. See id. § 96(1). 146. See id. 2000] COMMUNITY DEVELOPMENT 377 larly, the gardening organization may be responsible to pay fees to cover the costs of site preparation.147 An issue may arise concerning the sale of produce grown in a community garden. New York repealed a provision of the 1978 law that prohibited the sale of such produce, subsequently placing the community gardening provisions into New York's Agriculture and Markets Law.148 The silence of the current statutory scheme regard- ing the sale of community garden produce may suggest that it is cur- rently permissible.149 2. Tennessee: Agriculture and Horticulture The Tennessee Community Gardening Act of 1977 expressly au- thorizes the creation of community gardens, but does not include pro- visions that provide technical assistance to gardeners.150 The Act mandates that any citizen of the state may apply to the commissioner of agriculture for a permit to use available vacant land for the purpose of gardening.151 However, priority is given to needy individuals and families in allocating the lots.152 Under Tennessee law, produce grown in community gardens may not be sold.153 Like the New York statutory scheme, Tennessee's Community Gardening Act requires the state's commissioner of agriculture to compile lists of vacant public lands suitable for gardening.154 The state agency is then required to send information concerning vacant public land within their counties to county agents.155 The counties, cities, municipalities, and other state agencies and departments are then authorized to make vacant public lands available for gardening permits.156 The statute also provides for contracts between the De- 147. See id. 148. See N.Y. ExFc. LAW § 848-c (McKinney 1978) (repealed 1987). 149. Compare id. §§ 848-848-d(repealed 1987), with N.Y. AGRIC. & MKTs. LAW §§ 31-g to -i (McKinney 1999). 150. See TENN.CODE ANN. §42-24-101 to-107(1999). The Tennessee Department of Agriculture has not issued regulations under the statute. See E-mail from Patricia Clark, Counsel, Tennessee Department of Agriculture, to Jane Schukoske, Associate Professor, University of Baltimore School of Law (Mar. 28, 2000) (on file with author). 151. See id. §43-24-103(a)—(b). 152. See id. §43-24-104(a) (providing priority be given to elderly persons of low income, families of low income, and children between ages of 7 and 16). 153. See id. §43-24-104(b). 154. See id. §43-24-105(a). 155. See id. §43-24-105(b). Certain counties are exempt from the program,appar- ently as part of a political compromise. See id. § 43-24-108(providing,for example, chapter does not apply to counties with population between 24,000 and 24,300). 156. See id. §43-24-105(c). 378 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 partment of Agriculture and private land owners to acquire lands for community gardens.157 In all cases, the statute provides that the state, its agencies, and its employees are to be indemnified and saved harm- less by gardeners and those private land owners who participate in the community gardening program.'58 When a locality or other agency contracts with the commissioner of agriculture to participate in the gardening program, the contract may contain a termination date.159 If the contract does not contain a termination date, either party may ter- minate the agreement by providing written notice, as long as the con- tract does not terminate before the end of the harvest season.160 3. Summary: State Law Concerns A review of the New York and Tennessee community gardening statutes reveals three key similarities: (1) express grants of permission to use vacant state lands for gardening purposes; (2) creation of a sys- tem for tracking vacant lots and their assignment to garden organiza- tions; and (3) protection of the state from liability for personal injury and property damages while the land is being used by the community garden. States may also enable local governments to provide technical and material support to community gardens by recognizing commu- nity gardens as a valid public use of the land.161 The community gardening laws of both New York and Tennessee acknowledge the significant role that gardens can play in reducing ur- ban blight and strengthening the social fabric. For example, the legis- lative history of New York's community gardening statute specifically cites the crime-reducing benefits that can be reaped by transforming vacant lots into community gardens.162 Similarly, Tennessee's statute benefits low-income families, the elderly, and school-age children by giving them priority when allocating garden plots.163 157. See id. §43-24-106. 158. See id. §§43-24-103(d), -106(b). 159. See id. §43-24-105(d). 160. See id. 161. See, e.g., 1986 N.Y.Laws 862§ 1 (finding state should aid citizens"by provid- ing access to land, offering technical and material assistance . . . ."). 162. See supra note 131 and accompanying text. 163. See TENN. CODE ANN. § 43-24-104(a) (1999). 2000] COMMUNITY DEVELOPMENT 379 B. District of Columbia: Food Production, Land Reuse, and Science and Vocational Education The District of Columbia's statutory scheme for community gar- dens, authorized under the District's Food and Drugs Code,164 articu- lates multiple social policy objectives.165 The District's law defines "urban gardens"as"any vacant lot used for the growing of food,flow- ers or greenery."166 The District of Columbia Comprehensive Plan Act of 1984 called for the establishment of a Food Production and Urban Gardens Program.167 This program was implemented three years later in 1987.168 The program provides for maintaining an inven- tory of vacant lots, listing each lot's location, size, and dates of availa- bility; providing public access to the inventory, including quarterly publication in the District of Columbia Register; and formulating pro- cedures to donate and cultivate vacant lots.169 Through its compre- hensive planning regulations, the District explicitly supports the provision of technical assistance to gardeners and nonprofit commu- nity garden organizations.170 The District disseminates standard form agreements for use by community gardeners and private owners of vacant lots.171 These agreements serve to relieve the owners from maintenance and insur- ance duties172 by compelling the community gardeners to accept for- mal responsibility for cultivating and maintaining a garden on the lot.173 The District is then allowed to include the community garden- ing projects as one of its youth employment sites.174 In addition, through the University of the District of Columbia, the District pro- vides technical assistance and research to citizen gardening efforts.175 In conjunction with the Board of Education, the Food Production and Urban Gardens Program is required to locate suitable garden sites to develop "instructional programs in science and gardening that prepare 164. See D.C. CODE ANN. § 33-902 (1981) (promoting food production, education, and employment). 165. See id. 166. Id. § 33-901(2). 167. See id. § 33-902. 168. See id. § 33-901. 169. See id. § 33-902 (1)-(3). 170. See D.C. MUN. REG. tit. 10, §4-408.2(e)—(f) (1995). 171. See D.C. CODE ANN. § 33-902(3)(A) (1981). 172. See id. 173. See id. 174. See id. § 33-902(3)(B); D.C. MuN. REG. tit. 10, § 4-408.2(e). 175. See D.C. CODE ANN. § 33-902(3)(C). 380 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 students for related career opportunities such as restaurant produce supply, landscaping, and floral design.11176 Beyond employment and educational goals, the District of Co- lumbia's code seeks to encourage "food buying clubs and produce markets throughout the District of Columbia to increase the supply of and demand for urban gardens.11177 Its emphasis on local food produc- tion evokes the paradigm of the "new agriculture," described by Pro- fessor Hamilton.178 The advantage of the District of Columbia's statutory scheme lies in its encouragement of cooperation among the District's cooperative extension offices, schools, nonprofit gardening organizations, employ- ment programs, and produce markets.179 This cooperation creates an environment that supports the continued existence of community gar- dens. A weakness of the District's legislation resides in its lack of specific provisions regarding access to material resources such as land and water. C. Local Ordinances Promoting Community Gardens Programs In addition to the District of Columbia code and the two state statutes examined above, some localities have enacted community gar- dening ordinances to comply with state law and address local circum- stances. Local government power to legislate derives from state constitutional provisions, state statutes, and home rule powers.lso These grants of power vary from state to state."" Due to this lack of uniformity, advocates for community gardens must assess the local legal context when proposing legislation. Codes of many U.S. municipalities use the term "gardens" only in reference to privately owned land, and to a lesser extent, in zoning 176. Id. § 33-902(3)(D). 177. Id. § 33-902(3)(E). 178. See Hamilton,supra note 48, at 9. 179. See D.C. CODE ANN. § 33-902 (1981). 180. See 2 C. DALLAS SANDS ET AL., LOCAL GOVERNMENT LAW § 13.01 (1994). "Home-rule arrangements. . .rest on vague constitutional or statutory language grant- ing powers of `local self-government' to qualifying municipalities." OSBORNE M. REYNOLDS,JR.,HANDBOOK OF LOCAL GOVERNMENT LAW 96(1982). Such home-rule provides cities the freedom to take action to confront the myriad of problems of con- temporary life in contrast to traditional dependence upon the state legislature for en- abling legislation. See JEFFERSON & FORDHAM, LOCAL GOVERNMENT LAW 70-71 (1975). For additional analysis of home-rule powers, see 1 SANDRA M. STEVENSON, ANTIEAU ON LOCAL GOVERNMENT LAW § 21 (2d ed, 1999). 181. See REYNOLDS, supra note 180, at 96 (describing home-rule arrangements as varying from state to state and frequently changing). 2000] COMMUNITY DEVELOPMENT 381 provisions182 and trespass statutes.183 Some municipal ordinances recognize gardens by including them within the definition of the broader term "park,"184 and community gardening may fall under the jurisdiction of the local parks department as a recreational activity.185 Depending on a lot's prior use or location, some municipally owned vacant lots may fall under the jurisdiction of agencies other than the parks department.1116 It would greatly benefit gardeners who seek to use the non-park public land to gain authorization by law or lease agreement. 182. Zoning provisions regulating gardens fall into three general categories: (1) ex- ceptions from certain requirements because there is no structure on the land,see, e.g., ANNAPOLIS,MD.,MUNICIPAL CODE AND CHARTER§21.02.090(1990)(excepting lots "used for garden purposes"from side-yard requirement);MADISON,Wis.,GEN.ORDI- NANCES § 28.04 (3)(f) (1995) (making side yard exception); MADISON, Wis., GEN. ORDINANCES §28.12(5)(a)(1986)(providing exception to requirement of zoning cer- tificate to lots used for garden purposes);id. § 28.12(6)(providing exception for land used for garden purposes to requirement of certificate of occupancy); MINNEAPOLIS, MINN. CODE OF ORDINANCES §§ 535.240, 546.30 <http://www.municode.com/CGI- BIN/om_isapi.dll?infobase=11490.NFO&softpage=Browse Frame Pg42> (making side yard exemption); (2)provisions for gardening as a permitted or accessory use of the land,see, e.g., ANCHORAGE, ALASKA, MUNICIPAL CHARTER CODE §§21.40.030- .100 (1996) (permitting non-commercial gardens as accessory uses and structures in residential zoning districts);(3)requirements of special use permits for garden activity in a residential district, see, e.g., ATLANTA, GA., CODE OF ORDINANCES § 16- 03.005(1)(d)(1995)(requiring special use permits for, inter alia, garden clubs in sin- gle-family residential districts);and(4)open space requirements,see, e.g.,Los ANGE- LES, CAL.,MUNICIPAL CODE, GENERAL PROVISIONS AND ZONING § 12.08.5(5) (1996) (including garden area as example of usable open space). 183. See DENVER, COLO.,REV. MUN. CODE § 38-72 (1982) (making it unlawful for any person, except persons empowered with police authority acting within perform- ance of their duties, to trespass upon"any garden or field of growing crops."). 184. See ONTARIO, CAL., CODE OF ORDINANCES § 10-1.01(f) (1981) (defining 11'park' [to]mean and include all parks,median parkways,gardens,lakes,plazas,tot- lots,trails, and other property owned by the City, including park facilities and struc- tures thereon, and used, operated, or maintained for recreational purposes, whether active or passive.") (emphasis added). 185. See, e.g., AUSTIN, TEX., CODE OF ORDINANCES § 11-4-1 (1999) (establishing that Parks & Recreation Department is responsible for qualifying community gar- dens); HARTFORD, CONN., MUNICIPAL CODE §26-15 (1977) (empowering parks and recreation advisory commission to develop and administer Municipal Garden Pro- gram);PORTLAND,OR.,CODE OF THE CITY OF PORTLAND,OREGON§§20.04.010—.020 (1999) (stating that Council of Parks and Recreation is responsible for general man- agement of all parks, squares, openings, and public grounds surrounding public buildings). 186. See McManus&Steer,supra note 45,at 5(noting ownership and responsibility for care of publicly owned vacant lots in Baltimore is distributed among 31 city agencies). 382 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 1. Community Gardens Must Serve a Public Purpose Localities supporting community garden development should identify the public purposes of the gardens that warrant support. Gen- erally, a locality's "power to acquire and hold property, including the power to determine its use, is restricted to public purposes."'117 Courts defer to the local legislature's determination that a named purpose falls within the definition of a public good.18' By stating the gardens' public purposes, ordinances promoting community gardens clarify what distinguishes them from for-profit agricultural production. Some localities explicitly declare community gardening a legiti- mate use of public resources.189 Like the District of Columbia's stat- ute, some local ordinances direct municipal bodies to maintain inventories of vacant public lands, to manage garden lot assignments, and to regulate use of the gardens.190 Local law usually contains a requirement that community gardens hold the city harmless in the event of injury, and may also contain provisions authorizing the impo- sition of user fees.191 The role that the gardens play as an expression of neighborhood character, as a tool in crime prevention, and as an urban open space, benefits the public beyond any individual aggrandizement. Localities may determine that community gardens constitute a public use as either urban revitalization'92 or as parks and recreation.193 Similarly, courts have held that a lease, granted to a private party and yielding a legitimate public benefit, constitutes a valid public purpose.194 Addi- 187. SANDS,supra note 180, §21.03. 188. See id.; Michael Simon, The Supreme Court's 1987 "Takings" Triad:An Old Hat in a New Box or a Revolution in Takings Law?, 1 U.FLA.J.L.&Pus.POL'Y 103, 113 (citing Penn Central Transp. Co. v. New York City, 438 U.S. 104, 125 (1978) ("[Tjhe Court emphasized the deference courts give to land use regulations that pro- mote the public health, safety, morals, or general welfare."). 189. See, e.g.,HARTFORD,CONN.,MuN.CODE§ 26-15(a)(1999)(empowering parks and recreation advisory commission to develop and administer municipal garden pro- gram on publicly owned lots). See also, e.g., infra Parts IV.C.2, IV.C.4, IV.C.5. 190. See, e.g.,HARTFORD,CONN.,Mule.CODE§ 26-15(a)(1999);see also, e.g.,D.C. CODE ANN. § 33-902 (1981) (providing for collection and maintenance of up-to-date and comprehensive inventory of vacant lots). 191. See HARTFORD, CONN., MUN. CODE §26-15(c)—(d) (1999). 192. See generally, STEVENSON, supra note 180, § 24.12[8] (1999) ("The taking of land for slum clearance and urban redevelopment is uniformly held to be a taking for a public use.") (citations omitted). 193. See SANDS,supra note 180, § 14.33 (categorizing amusements and recreations as public activities which may be regulated). 194. See Murphy v.Erie County,268 N.E.2d 771,774(N.Y. 1971)(holding lease of stadium to private corporation did not create private use, because local residents would still benefit from facility regardless of who operated it), cited in STEVENSON, supra note 180, § 24-12[61 n.7 (1999). 2000] COMMUNITY DEVELOPMENT 383 tional bases for legitimization of community gardens will likely emerge as localities expand community participation in their open space planning and development approval processes. 2. Portland, Oregon: Parks and Open Space The Planning and Zoning Code of Portland, Oregon specifically recognizes community gardens within its definition of "Parks and Open Areas."195 The city of Portland directed: [T]he City through the Bureau of Parks will coordinate the project by finding and making available the vacant property and will assign participants to such property for the purpose of gardening; that an agreement should be entered into between the property owner and the participant to regulate the use of the property and provide con- ditions in connection therewith and to hold harmless the city and the property owner from any damage or claims because of use of such property for the gardening project purposes . . . .196 This ordinance authorizes both the Superintendent of the Bureau of Parks and the Assistant Superintendent of the Bureau of Parks to enter into agreements with public or private property owners and par- ticipants in the Community Gardens Project.197 In addition, the City Council has drafted a form agreement for the parties to use.1911 Currently, Portland's Parks & Recreation Community Gardens Program supports twenty-three gardens located throughout the city.199 The program encourages gardening as well as food production and intergenerational activities.200 195. See PORTLAND, OR., CODE OF THE CITY OF PORTLAND, OREGON § 33.920.460 (1998) (identifying"Parks and Open Areas"as "uses of land focusing on natural ar- eas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens or public squares" and providing "botanical gardens" as example). 196. Portland, Or., Ordinance No. 139598 (Mar. 13, 1975). 197. See id. 198. See id. 199. See PORTLAND PARKS&RECREATION,PORTLAND COMMUNITY GARDENS: PRO- VIDING GARDEN SPACE AND EDUCATIONAL EVENTS WITHIN PORTLAND'S NEIGHBOR- HOODS(1999)(pamphlet,on file with the New York University Journal of Legislation and Public Policy). 200. See id. (including"Produce for People[:]A program to coordinate donations of excess produce from community gardens to local food agencies" and "Children's Gardening Program[:] An in-school and after-school program"). 384 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 3. Austin, Texas: Parks and Recreation The city of Austin, Texas regulates community gardens under its Parks and Recreation Code.201 In 1998, Austin Community Gardens, a nonprofit organization that receives city grants, focused on acquiring leases to state-owned land, land held by the city real estate division, and land belonging to private owners.202 The city of Austin has recognized community gardening as a proper "civic use.11203 A "qualified community garden" is defined as "a parcel of land used as a cooperative garden . . . by a group of people associated with an organization which meets the qualifications of this section.11204 The city exempts qualified community gardens from platting requirements205 and impact fees,206 and authorizes the issuance of temporary water tap permits for garden use.207 To qualify, a garden group must demonstrate to the Parks and Recreation Depart- ment(1)that it is incorporated in Texas; (2)that it has obtained recog- nition of tax-exempt status under section 501(c)(3) of the Internal Revenue Code; (3) "that the nonprofit organization's purpose includes agriculture, gardening, and/or economic development;" and (4) that it has operated for at least a year and "has a history with community gardening," or that it is sponsored by a recognized community garden- ing organization.2011 The ordinance further requires proof that the group is organized, that a plan exists for the garden (including a gar- den manager and membership to implement the plan), and that at least four unrelated individuals or families will garden the tract.209 In addi- tion,the organization must prove that no habitable or permanent struc- tures are located on the lot.210 Finally, the garden must either be located within a target area for the Community Development Block 201. See AUSTIN, TEX., CODE OF ORDINANCES, § 11-4-1 (1999). 202. See Kirschbaum, supra note 53, at 11. Austin Community Gardens (ACG) leased a six-acre site with 330 plots and a 7,500-square-foot food bank garden—both on state owned land at the Texas School of the Blind and Visually Impaired. See id. Additionally, ACG leased 14 one- or two-lot sites from the city real estate division and private owners. See id. 203. AUSTIN, TEX., CODE OF ORDINANCES § 25-2-6(A) (1999) (defining"civic use" as use with public purpose,including"the performance of utility,educational,recrea- tional, cultural, medical, protective, and governmental functions, and other uses that are strongly vested with public or social importance"); see id. §25-2-6(B)(39) (in- cluding qualified community gardens as "civic use"). 204. Id. § 11-4-1(A). 205. See id. §25-4-3(A) 206. See id. §25-9-346(A). 207. See id. §25-9-99(B). 208. See id. § 11-4-1(A)(1)(a), (b), (e), (f). 209. See id. § 11-4-1(A)(1)(c), (g). 210. See id. § 11-4-1(A)(1)(d). 2000] COMMUNITY DEVELOPMENT 385 Grant Programs designated by the City Council or be within a census tract in which at least fifty-one percent of the families are below the federal poverty level.211 Documentation demands are considerable under the ordinance. The applicant must provide census tract data to demonstrate that the location is eligible—if census tract data is the basis for location eligi- bility.212 The applicant must also file (1) articles of incorporation; (2) bylaws; (3) a letter of recognition of the organization's nonprofit sta- tus from the Internal Revenue Service; (4) a twelve month lease with the property owner, if applicable; (5) financial documents; (6) a gar- den plan (including a map, hours of garden operation, membership fees and other requirements); (7)the name and contact information for the garden manager; and (8) the names and addresses of at least four additional gardeners.213 The ordinance demands a relatively high level of formal organi- zation by the gardeners. The incorporation requirement provides a way to hold the organization accountable, thereby accounting for the transience of active membership that is common among such associa- tions. However, the requirement of formal recognition of federal non- profit status may unnecessarily exclude some garden groups from the benefits of the program, because—as noted earlier—a charitable or- ganization may qualify for federal tax exemption without filing for recognition if the annual revenue of the organization is less than $5,000.214 A group solely involved in community gardening may not meet this threshold income level, and would therefore be unable to show documentation from the Internal Revenue Service under the ex- press provisions of the Austin ordinance. 4. New York, New York: Parks New York City's volatile real estate market exacerbates the prob- lem of permanence for community gardens. The city has promoted community gardens through the Parks Department's GreenThumb 211. See id. § 11-4-1(A)(1)(h). 212. See id. 213. See id. § 11-4-1(A)(2)(a)—(g). 214. See INTERNAL REVENUE SERVICE, U.S. DEPT OF TREASURY, PUS. No. 557, TAX EXEMPT STATUS FOR YOUR ORGANIZATION 5735 (1999)(stating that some orga- nizations are not required to file for recognition of exemption, but are automatically exempt, including organizations which normally have annual gross receipts of not more than $5,000 according to gross receipts test). The gross receipts test uses an averaging approach,so that in its first year of operation a charitable organization may have up to$7,500,in its first two years a total of up to $12,000,and in its first three years a total of up to $15,000. See id. 386 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 program215 as a way of"involving local communities in neighborhood beautification efforts utilizing abandoned mostly city-owned vacant lots" that were often "garbage-filled, rat-infested eyesores which were a blight upon the communities in which they were located.11216 In 1998, for example, GreenThumb licensed 1000 properties to 700 com- munity groups throughout New York City.217 GreenThumb also pro- vides lumber, tools, materials for fencing, picnic tables, plants, seeds, and bulbs to various community gardens.2111 In 1997, disputes arose between community gardeners and the city, when the "immediate redevelopment of fifty gardens and even- tual redevelopment of three hundred additional gardens 11219 was sched- uled. In response, New York City Green, a coalition of nine New York open space organizations, was formed to urge the city to con- sider the value of open space when making development decisions.220 Further support for the effort to protect the gardens came from legisla- tion introduced by State Sen. John Sampson in the Spring of 1997.221 However, in April of 1998, Mayor Rudolph W. Giuliani transferred the lots from the Parks Department to the Department of Housing Preservation and Development and revoked all GreenThumb garden leases.222 The Department of Housing Preservation and Development announced a plan to auction a number of the GreenThumb garden lots to housing developers.223 Seeking to halt the auction of 1,100 garden lots, the New York City Environmental Justice Alliance filed a motion for a preliminary 215. GreenThumb is the New York City Community gardening program sponsored by the Department of Parks and Recreation. See Department of Parks and Recreation, Helping to Care for Your Local Park, CITY of NEW YORK (last modified Feb. 12, 1998) <http://www.ci.nyc.ny.us/html/serdir/html/xdpr07.html>. The importance of the program has been recognized in proposed legislation. See New York City Council Res. No. 631 (1999). 216. New York City Council Res.No. 631 (calling for New York State Legislature to amend New York City Charter regarding disposition of real property owned by City which is occupied or used by nonprofit entities as part of community garden program); see also Department of Housing Preservation & Development, Green- Thumb Program, CITY of NEW YORK (last modified Nov. 1, 1999) <http:// www.ci.nyc.ny.us/htrnl/hpd/htrnt/tenant/green-thumb.htrnl>. 217. See Cooper,supra note 21, at 25. 218. See id. 219. Kristi Cameron, Community Gardens:New York City's Land Wars (last visited Mar. 7, 2000)<http://pages.nyu.edu/—kc370/cghome/cgtimeline.htm>. 220. See id. 221. See S.2127,223d Leg.,Reg. Sess. (N.Y. 1999);see also Cameron,supra note 219. 222. See Kass & McCarroll, supra note 40, at 3; Cameron,supra note 219. 223. See Kass & McCarroll, supra note 40, at 3; Cameron,supra note 219. 2000] COMMUNITY DEVELOPMENT 387 injunction in federal court.224 The plaintiffs argued that the sale or destruction of the community gardens would have a disparate impact on blacks and Hispanics in violation of both Title VI of the Civil Rights Act of 1964, and the regulations promulgated by the Environ- mental Protection Agency (EPA) to implement Title VI.225 The court held that the plaintiffs could not succeed on their Title VI claim be- cause they failed to raise allegations of intentional discrimination.226 The court also held that the EPA regulations did not provide a right of private action.227 In addition, the plaintiffs raised claims that the city violated the Housing and Community Development Act,228 the State Environmen- tal Quality Review Act (SEQRA)'229 the New York City Administra- tive Procedures Act,230 and the plaintiffs' First Amendment rights.231 The court determined that the plaintiffs failed to demonstrate the like- lihood of success on the merits of each of these claims,232 and the injunction was denied.233 A significant part of this controversy be- came moot when celebrity Bette Midler's New York Restoration Pro- ject and the Trust for Public Land purchased the gardens and set forth 224. See New York City Envtl.Justice Alliance v.Giuliani,50 F. Supp.2d 250,251 (S.D.N.Y. 1999); David M. Herszenhorn, Two More Suits Seek to Stop Sale of Gar- dens,N.Y. TimEs, May 8, 1999, at 133. 225. See New York City Envtl. Justice Alliance, 50 F. Supp. 2d at 252-53. Section 601 of Title VI provides that"[n]o person in the United States shall,on the ground of race,color,or national origin,be excluded from participation in,be denied the bene- fits of, or be subjected to discrimination under any program receiving Federal finan- cial assistance." 42 U.S.C. §2000d. The Environmental Protection Agency's regulations state "[a] recipient shall not use criteria or methods of administering its program which have the effect of subjecting individuals to discrimination because of their race, color, national origin, or sex." 40 C.F.R. § 7.35(b). 226. See New York City Envtl.Justice Alliance,50 F.Supp.2d at 253(citing Guardi- ans Ass'n v. Civil Serv. Comm'n, 463 U.S. 582, 610-12 (1983)). 227. See id. at 253. 228. See id. at 254. 229. See id. at 254-55. "[T]he primary purpose of SEQRA. . .is `to inject environ- mental considerations directly into government decision making."' New York City Coalition for Preservation of Gardens v. Giuliani, 670 N.Y.S.2d 654, 660 (Sup. Ct. 1997) (citations omitted). 230. See New York City Envtl. Justice Alliance, 50 F. Supp. 2d at 255 (arguing city changed policy without having gone through proper rule-making procedures). 231. See id. at 254(arguing city decided to sell garden lots in retaliation for earlier protests). 232. See id. 253-55. In particular,the court determined that plaintiffs lacked stand- ing to bring the SEQRA claim because"`without a license to property or with only a license revocable at will, one lacks a legally cognizable interest upon which to base standing to complain of decisions affecting that property."'Id. at 254 (quoting New York Coalition for the Preservation of Gardens, 670 N.Y.S.2d at 659). The standing issue will continue to plague gardening groups seeking court protection. 233. See New York City Envtl. Justice Alliance, 50 F. Supp. 2d at 255. 388 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 plans to convey them to community gardeners.234 However, not all community gardens in New York City shared this auspicious fate.235 The claims advanced in New York City Environmental Justice Alliance v. Giuliani illustrate an opportunity to challenge the historical pattern of racial and ethnic discrimination that has produced an une- qual distribution of public resources. Moreover, the struggle of com- munity gardeners in New York City highlights the need for increased community involvement in land use planning and environmental deci- sions. Participation by citizens of low-income communities in the de- cision to allocate environmental resources is essential to ensure fairness. The New York City litigation demonstrates the need for a balancing of social objectives (such as community gardening, afforda- ble housing, and safety) and economic interests in the making of land use decisions. Legislative proposals in New York reflect the need to both accord community gardeners a voice in the process, and to value the contribution of community gardens.236 5. Seattle, Washington: Neighborhood Open Space Seattle's "P-Patch" Community Gardening Program, founded as a volunteer effort and adopted by the city in 1973,237 serves as a model for programs seeking to address open space needs. The city first purchased land for its community gardens program in 1975.238 In 1992, the Seattle City Council and the Mayor resolved to expand op- portunities for community gardening, recommending that the gardens 234. See Rose Harvey, New York's Community Gardens: The Next Challenge, ON THE LAND, Summer 1999, at 2. Midler's organization purchased 51 of the lots, and provided one million dollars toward the Trust for Public Land's purchase of the re- maining 112 lots. See Dan Barry,Sudden Deal Saves Gardens Set for Auction:Bette Midler Clears Way for Purchase of 112 Lots,N.Y. TIMES, May 13, 1999, at B1. 235. See Crowd Storms Former Garden to Protest Bulldozing by City,N.Y. TIMES, Mar.6,2000,at B3;Death of a Garden,N.Y.TIMES,Feb. 17,2000,at A28(recount- ing bulldozing of 22-year old Esperanza Community Garden in lower Manhattan); Clyde Haberman,Program Lets 2nd Chances Begin to Grow,N.Y. TIMES,Nov. 19, 1999,at B 1 (noting approximately 450 other community gardens were still vulnerable to city auction); 200 Demand Garden's Return from Lower East Side Builder, N.Y. TIMES,Feb.22,2000,at B5(reporting 200-person protest on site of former Esperanza Garden demanding its return from developer). 236. See S.2127,223d Leg.,Reg. Sess.(N.Y. 1999)(proposing community gardens not be sold without consent of community board). 237. See Kirschbaum, supra note 53, at 18 (noting "P" in "P-Patch" comes from Picardo family whose truck farm became Seattle's first community garden). 238. See City of Seattle,Wash.,Ordinance 104475(1975),which authorizes negotia- tion by the Superintendent of Parks and Recreation for the purchase of land for use as community gardens for up to $78,000 from the Emergency Fund. 2000] COMMUNITY DEVELOPMENT 389 be part of the city's comprehensive plan.239 To accomplish this goal, the city sought to encourage inter-agency and inter-governmental co- operation among the school district,the housing authority, and various city departments (including parks, engineering, water, electricity, and transportation).240 The resolution recommended that the P-Patch Pro- gram target "low income families and individuals, youth, the elderly, physically challenged and other special populations" because of its inherent "economic, environmental and social value.11241 The Seattle ordinances, which implement the aims of the 1992 resolution, govern the city's open space policies and expressly include provisions for community gardens.242 The P-Patch program is in- cluded as a priority in the Acquisition and Development and the Envi- ronmental Education sections of the city of Seattle Parks Department Comprehensive Plan.243 Seattle's Comprehensive Plan currently calls for "one dedicated community garden for each 2,500 households in the Village with at least one dedicated garden site.11244 Two circumstances surrounding the P-Patch program warrant special attention because they signal the recognition of community gardening as a legitimate community-building activity. First,the com- munity garden program was removed from the Department of Housing and Human Services and reassigned to the Department of Neighbor- hoods in 1997.245 P-Patch Program staff have indicated that the trans- fer of the program into a department that focuses on strengthening communities has yielded great benefits.246 Second,the Director of the Department of Neighborhoods is authorized to lease land to the P- Patch Program for up to five years, renewable, and subject to an an- 239. See Seattle,Wash.,Res.No.28610(1992)(recommending any ordinance relat- ing to P-Patch "be strengthened to encourage, preserve and protect community gar- dening, particularly medium and high density residential areas."). 240. See id. 241. Id. 242. See SEATTLE, WASH.,PUBLISHED ORDINANCES §23.12.105 (1999) (intending to"maintain,improve and protect the existing open space system, so that future gen- erations can appreciate and enjoy the city's outstanding natural features.... Seattle's open space system shall also be used to provide light and air,buffer residential areas from incompatible uses. . . ."). Community gardens are listed among the open space tools and strategies. See id. (including community gardens under category of street parks and indicating that undeveloped street rights-of-way provide community garden opportunities). 243. See TowARDS A SUSTAINABLE SEATTLE,supra note 56,at 1994-2014,at L-152. 244. Id. at G-74. 245. See Seattle, Wash., Ordinance 118546 (1997). 246. See Letter from Richard Macdonald,Program Manager,P-Patch Program,Seat- tle,Wash.,to Jane Schukoske,Associate Professor,University of Baltimore School of Law (Oct. 11, 1999) (on file with author) (explaining Seattle Ordinance 104475 (1975)). 390 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 nual cap of$2,000.247 The five year renewable lease of public lands both affords a substantial period of time for the planning and imple- mentation of garden programs, and grants gardeners some security of tenure. 6 Summary: Local Ordinances and a Model Proposal This survey of local ordinances illustrates many of the benefits of community gardening, including community-building, food produc- tion, open space maintenance, recreation, education, and job develop- ment. Approaches to promoting community gardens vary from significant governmental support in Seattle to strictly nonprofit orga- nizational support in Austin. Lease commitments given to community gardens also vary widely—from ninety days to several years. With these variations in mind, what features should be included in a model ordinance? In crafting ordinances, localities must consider many circum- stances, such as (1) the number, size and location of vacant lots; (2) the climate; (3) gardeners' interests in food production and marketing; (4) the real estate market; (5) the level of potential interest among gardeners; (6) the local legal context;248 and (7) the nonprofit and private sector entities that exist or can be created to meet local needs. Moreover, the model adopted by a locality should be practical and suited to meet the particular needs of the host community.249 In older cities, community garden ordinances may be part of a larger city re- 247. See SEATTLE, WASH., PUBLISHED ORDINANCES § 3.35.080 (1997) (authorizing city agency to enter into leases,easements,and other agreements for community gar- dens or other open space use). Additionally,the Director of the Department of Neigh- borhoods is authorized to grant revocable permits for P-Patch garden plots and to collect fees for their use. See id. § 3.35.060. The legislated fee schedule requires a payment of$21 per year for a 10 foot by 10 foot plot,$34 per year for a 10 foot by 20 foot plot, and $53 per year for a 10 foot by 40 foot plot. See id. The Director can grant fee adjustments for irregular lot sizes and for lot use that is less than the full growing season. See id. The ordinance provides for fee adjustments every two years according to changes in the federal consumer price index. See id. Moreover,the code permits a flat fee of$5 per year for participants from households with income under the federal poverty level. See id. 248. Specifically, localities should first look into whether there is existing,pending, or potential state legislation on community gardens and whether there are local re- quirements, such as platting and impact fees that could stand as obstacles to commu- nity garden establishment. See, e.g., discussion of Austin, Tex.,supra notes 201-13 and accompanying text. 249. For example, a number of community gardens in Detroit have set up "grannie porches,"decks on which the elderly may choose to sit and watch gardening activity when they are not gardening themselves, to accommodate the community's elderly population. See Ruberton, supra note 30, at 28-29 (quoting Jim Stone, Gardening Angels, in IN CONTEXT 42 (1995)). 2000] COMMUNITY DEVELOPMENT 391 structuring effort designed to facilitate the return of abandoned, tax- delinquent property to "productive use.11250 In other cities, where abandoned, tax-delinquent land is less of a problem, community gar- den programs and legislation can advance other social goals. For ex- ample, a school can use a local community garden for educational purposes.251 The following is a proposed model for local governments seeking to implement community garden programs. The elements have been extracted from common community garden ordinances throughout the United States and from the "best practices" in successful local programs: (1) Assign the duty of inventorying vacant public lots and va- cant private lots in low-income neighborhoods, and the duty to make that information readily accessible to the public; (2) Authorize contracting with private landowners for lease of vacant lots; (3) Authorize the use of municipal land for minimum terms long enough to elicit commitment by gardeners, such as five years; and provide for the possibility of permanent dedication to the parks department after five years' continuous use as a community garden; (4) Provide for inter-agency coordination of resources to facili- tate creation and operation of community gardens; (5) Provide for the clearing of rubble and contamination where needed, and for regular trash collection; (6) Prepare land for gardening by tilling and building raised beds, configuring some gardens for access by disabled gardeners; (7) Provide for access to water without charge to gardeners, where possible; 250. See Ruberton,supra note 30, at 16 (describing role Fulton County/City of At- lanta Land Bank Authority plays clearing liens from abandoned properties put to open space use); see also BALTIMORE, MD., CODE §21-16 (1980) (authorizing city to file Petition for Immediate Taking,which vests Mayor and City Council with possession and title 10 days after personal service of petition on all defendants);URBAN VACANT LAND,supra note 7, at 22 (describing Philadelphia's program facilitating transfer of vacant lots to adjacent property owners as side yards for low price). 251. See, e.g., CAL. EDVC. CODE §§ 51795-51798 (2000) (establishing Instructional School Gardens Program and directing California Integrated Waste Management Board to give program preferential consideration during its annual discretionary fund- ing process); see generally Pamela R. Kirschbaum, Gardening in the Schoolyard, CoMMuNiTY GREENING REv., 1999, at 2 (describing state and local school gardening programs such as California's "A Garden in Every School" and Brooklyn Botanical Garden's "GreenBridge" and citing studies reporting positive impact of gardening programs on education). 392 LEGISLATION AND PUBLIC POLICY [Vol. 3:351 (8) Provide compost from the locality's recycling programs, if available; (9) Provide tools, hoses, and secure storage facilities for tools and other necessary items; (10) Tap resources for training about gardening, including or- ganic methods or pesticide use, and consulting about particular garden problems; (11) Provide technical assistance to support programs with youth, elderly, disabled, low-income, and other populations depending on neighborhood needs and interests; (12) Provide signage, if requested; (13) Network with farmers' markets, entrepreneurship programs, vocational education, and organizational leadership programs; (14) Provide for liability insurance against personal injury; (15) Permit sale of excess produce by charitable organizations; (16) Provide trash collection service; (17) Provide maintenance for adjacent park property; (18) Provide favorable tax treatment for loan of private land for garden use; (19) Identify sources of program materials (for teachers, youth and senior counselors, etc.); and (20) Provide a funding mechanism to cover the locality's costs in establishing a computer database and mapping program, property ac- quisition and maintenance, and technical assistance. CONCLUSION This article has addressed the beneficial influence that gardens can have in curbing the problems associated with vacant lots and ur- ban blight. It has also highlighted the other social benefits that can be reaped from establishing a community garden. Further,this article has examined the state and local laws that govern community gardens as well as the role of intermediary organizations such as land trusts. By extracting those factors which have made garden programs successful in communities throughout the country, this article has set forth the elements of a model local ordinance. Community garden legislation has heretofore received little atten- tion in legal literature. In view of the fact that community gardening is widespread in cities across the United States, it behooves localities to enact thoughtful legislation which balances the multiple concerns of community residents, local government, and private developers. Insurance for community gardens By Jack Hale, Executive Director, Knox Parks Foundation For several years, the board of the American Community Gardening Association has been working to provide liability insurance for member gardens. Surveys of members suggested that obtaining such insurance was a priority for many gardens. We did provide access to coverage during 1998, but less than a dozen gardens took advantage of the offer. In 1999, the insurance company was unwilling to renew the coverage, and we were unable to find another carrier. Although we continued to seek a carrier, we were unsuccessful. Here is what I have been telling members who are seeking insurance. 1. Liability insurance protects the organization that owns it or some other entity (like a land owner) who is "named as additional insured" on the policy. It protects gardeners or volunteers indirectly only if the insured organization stands between them and a potential lawsuit. It does not protect individuals from legal action, nor does it necessarily pay individuals for injuries or damage that occur at a garden. Most gardens have insurance because they have an organization to protect or because some other entity requires coverage in order for the garden to exist. 2. Usually, individual gardens seeking liability coverage will pay a high price. Just as group health insurance is much less expensive than individual coverage, insurance purchased by a larger organization to cover a multitude of risks will be less expensive per coverage than the same insurance purchased piecemeal. Therefore, if you are a single garden suffering from sticker shock, the best avenue may be to ask a larger organization that already has liability coverage to sponsor the garden. Such organizations might include community groups, churches, horticultural/agricultural organizations, or anything else that might work in your locale. 3. Often it is a city or town providing land for a garden that is requesting insurance. They usually have a "risk manager" whose job is to protect the municipality against all risk. Whenever the town enters into a relationship, that relationship is passed before the risk manager, and the risk manager almost always says "buy insurance" to protect the town. But towns always have lots of insurance. They engage in lots of risky business. Adding a community garden to their list of risks will have almost no impact on their overall risk and on the cost of their insurance. It becomes a political issue and should be treated as such. If the town wants to support community gardening, the risk is trivial; if the town doesn't want to support community gardening, it is easier to say "buy insurance" than "we don't like you." A side issue that arises in some cases is whether the gardens are public. In Berkeley, California, the city wanted to require insurance and also require that the gardens be open to the public. People who don't want to support gardens compare them to parks that are ostensibly open to everybody all the time. They point out that community gardens have fences and gates and private plots. More politics. Perhaps compare your garden to a football stadium. Very risky activity going on there, and fully supported by the town! Anybody can go and watch when there is a game on, but hardly anybody gets to play. Which is more exclusive, a garden or a sports field? Remember that anybody can walk by and look at the garden. You might even schedule some times when the garden is open for public enjoyment. This does suggest, however, that gardeners need to design and maintain their gardens in ways that truly do enhance their neighborhoods. 4. Insurance is a local business, governed to some extent by state law and regulation. Although there is a certain amount of uniformity and insurance companies operate across state lines, your experience with coverages and costs may be quite different from those in a neighboring state. If you have to buy insurance, a creative and responsive local agent can be very important. Remember that there is a good chance they haven't insured a garden before and they will have to figure out how to do it. Here in Connecticut, we started out with an insurance agent who decided gardens were like vacant lots, which tend to attract inappropriate uses. Premiums were based on street frontage and they were high. Strangely enough, our largest garden, which had no street frontage, was insured for nothing, while one of our smaller gardens on a corner lot carried a high premium. Our current agent, which specializes in insurance for non-profit social service organizations, decided gardens were like social service programs and did a more general analysis of risk. Our premiums are now quite low. 5. If gardeners or garden officers are concerned about personal risk (i.e.- potential for being sued as individuals due to their involvement in a garden), the best solution is probably "umbrella coverage." People can usually obtain this for a relatively small premium as an add-on to homeowner's or renter's insurance. Talk to your agent. 6. 1 am not an expert on insurance. Don't take this as professional advice from me or from the American Community Gardening Association. At best, this is an indication of insurance issues as they have been faced by community gardens throughout the U.S. (not much info on Canada). You need to work out your own local situation. I will be happy to talk to anyone interested in exploring this further. I will also attempt to respond to questions about the information provided here and specific insurance issues. Jack N. Hale Executive Director Knox Parks Foundation 75 Laurel Street Hartford, CT 06106 American Community Gardening Association Page 1 of 2 Growing Community Across the U.S.&Canada w LEARN STORE SUPPORT US - CONNECT Find a community garden near you with our Bi National Community Garden Database. El W- S6haumbur.__........ o surf up here EFhana st l�keib ; Name/Description o user lociti a j • EVENTS Wheaton ge Y 4Chii • SIGN UP FOR L- Aurora o .� } Where? A. NapervillB NEW SLETI ER , o ,anak}Lav Zip or City,State • SIGN UP FOR ' Bolingbrook Joliet Reset LISTSI✓RV ;R Hemrnottd • Search the ° LisCSen � �� ® 7J��} [ USA Canada] Archives Q e • LINKS Peru - Map ft%&4"Poogle , Showing page 1 of 8,for 47 listings Crossroads Communih•Church Garden (Aurora.IL) The purpose of the Crossroads Community Church Garden is to give glory to God for the abundance of His blessings in our lives by planting,nurturing, and harvesting the bounty of the garden to provide fresh produce for needy people through gifting to food pantries,shelters and individuals in need. Some History of the Garden: In 2006 Rob Buchholz,a member of Crossroads Community Church and his son,Dominick,had a vision of planting a vegetable garden on acreage owned by Crossroads Community Church in Aurora, Illinois with the idea that the harvest would be given to needy people. more... Mann Con►muniri'Garden (Plano. IL 2012 marks the fourth year for the Plano Community Garden. Our newly formed Not-For-Profit Corporation is dedicated to providing sustained gardening in Kendall County.Our primary objective is to provide organic gardening for local area residents and gardening education. Our secondary objective is to provide healthy fresh produce to the local food pantry.Since 2009,we have been able to double what we provide to the food pantry each year. more...) Elvin Community Garden Network{EI in IL The Elgin Community Garden Network(ECGN), in Elgin Illinois,is at I6 community gardens and growing.Community gardens are at schools,in parks,in low-income neighborhoods, at churches,at the library,and even on a courthouse lawn. .........Our mission is to teach sustainable skills and to feed the hungry. Everything we grow is organic. .........Events are kid-friendly and http://acga.localharvest.org/search.jsp?map=1&lat=41.622305&lon=-88.432040&scale=8... 7/19/2012 American Community Gardening Association Page 2 of 2 family friendly. Individuals,groups,clubs, classes, families,neighbors, scouts, and organizations of any kind are warmly welcome. more... Lords Park Communit •Garden (El riot IL The Lords Park.Zoo Community Garden(LPCG)is a local nonprofit membership organization of professionals,volunteers and supporters of community sustainablity in Elgin.The The LPCG recognizes that community gardening improves people's quality of life by providing a catalyst for neighborhood and community development,stimulating social interaction, encouraging self-reliance,beautifying neighborhoods,producing nutritious food,reducing family food budgets, conserving resources and creating opportunities for recreation,exercise,therapy and education. (more... Let's Get Growinp,Community Gardens (aurora.JL1 Let's Get Growing Community Gardens: Neighbors growing together.Neighbors from the 8th and 9th Wards reflect the wonderful diversity of the City of Aurora's residents. Within the South East Villages Neighborhood,(SEV)representatives now gather to bring their uniqueness to support an innovative addition to the community landscape. Begun in 2010, Community Garden plots serve the neighborhood at two locations,adjacent to Gombert Elementary School/Ridge Park,(Ridge Road)and Georgetown Elementary School/Georgetown Park(Long Grove Drive), more... Joliet Park District Organic Communit •Garden (Joliet IL 2012 is the inaugural year of the Joliet Park District's Organic Community Garden Program! Gardening is an enjoyable and rewarding activity for both individuals and families. The benefits and satisfaction received from participating in a community garden come not only in the harvesting of food for the table,but also in developing new friendships with people who have a common interest.Plot sizes are 10 x 10'and 10 x 20'. more... Result.Pages: 1 2 3 4 5 6 7 8 » American Community Garden Association 11777 East Broad Street,Columbus,Ohio 43203-2040 USA infoLcpcommunitygarden.org Site Map [Privacy Policy http://acga.localharvest.org/search.jsp?map=l&lat=41.622305&lon=-88.432040&scale=8... 7/19/2012 American Community Gardening Association Page 1 of 2 rho f, 1:} Growing Community ACFass she U.S.&Canada ABOUT ACGA LEARN STORE SUPPORT US • CONNECT CONNECT Find a community garden near you with our Bi-Nalional Community Garden Database. st Dekslt3 �Igir1 a5 tc�aumbur I Name/Description •• sit<ii up Here �hans � '� user 10�611 t��p,, Wheaton gg } • Is\ FITS y 0 o Yt h% • SIGN UP FOR E- �ora oNapervill8 +" E Where'? NEWSLET1 ER " .-Oak, " .� Zip or City,State • SIGN UP FOR LISTSFRV 0 Joliet Hammond{ Reset Search the ° 1 I Listsery i® Q [ USA I Canada] Archives a5ai,e cmwa qV _ • L1NKS pen+ �� I – Map*d*W C-wg1eJ- Showing page 2 of 8,for 47 listings Forest Park Community Garden(Forest Purl-, TN) Forest Park Community Garden is a non profit 501 c3 grass roots organization located in Forest Park,IL,a near west suburb of Chicago, IL. Our mission is to educate our community on how to build organic sustainable food systems, provide organic produce for needy families and to beautify our community through gardening. Located on the northwest corner of Harlem Ave and 1-290 our garden currently has thirty,4x8 foot raised beds. more... St.Mark Community Garden( fLorth IL The St. Mark Community Garden was begun to help the area's hungry. Since its inception five years ago,80%of all produce has been donated to local food pantries. 2011 brings the next phase of our garden,individual raised beds for community use. Our project will begin with 10 raised beds. Participation by local residents wishing to improve their health and well being are welcome.Youth groups are also encouraged to participate. more... Immaculate Conception Communih'Garden(Chica xo IL) The Immaculate Conception Community Garden(The Gardens of St. Fiacre) was started in April 2011. What started as an idea and one small plot quickly grew into 22 raised beds.The garden has a dual purpose- educational and charitable.The education component is to provide elementary school students and community members an opportunity to learn about growing and harvesting healthy food. The garden also participates in"Plant a Row for the http://acga.localharvest.org/search.jsp?&tat=41.622305&lon=-88.432040&scale=8&p=2 7/19/2012 American Community Gardening Association Page 2 of 2 Hungry" and one full raised bed is dedicated to donating harvested produce to a local food pantry. (niore... Bulldoe Garden Classroom(Chicuzv. IL) Our garden was created in May,2004. There are several groups of people taking care of our garden. In the Spring,all of our children go out with their teachers and plant in the raised beds,shaped like a giant butterfly. My Gardening Club(grades 5th-8th),plant and help clean up the garden several times during the year. During this summer,we had 17 families adopt the garden for watering. Our goal of"No Child Left Inside", is obtained by creating a natural space for children to do hands-on leaming. more... TUC Communitv Garden(. 7zicuct�. IL) TUC Community Garden operates for the benefit of the Austin neighborhood. The garden leases raised beds to gardeners. more... Keeler Garden(Chicu To IL This is a small but colorful garden planted in 2008 at the base of the Old Irving Park neighborhood sign.All the plant material was donated by a local landscaper and the labor was all volunteer.This garden won second place in the Mayor Daley's Landscape awards for the Community Gardening category. (more... Result Pages: « 1 2 3 4 5 6 7 8 » American Community Garden Association 11777 East Broad Street,Columbus, Ohio 43203-2040 USA info a communit garden.or 7 Site Map I Privacy Policy http://aega.localharvest.org/search jsp?&lat=41.622305&Ion=-88.432040&scale=8&p=2 7/19/2012 American Community Gardening Association Page 1 of 2 Growing Community AcrCSS the J.S.8 Canocia ABOUT ACGA LEARN STORE SUPPORT US Find a community garden near you with our tai-Nzlional Community Garden Database. • COIrTI:C'[ s4113 up her ° st Dekalb A A Name/Description user lo1itt o • ENILNTS i © Wheaton Ba wgttChi • SIGN UP FOR E- _ A Cora oNaper,ipQ i• *j Where? NEWSLETTER � o .4nakeso Zip or City,State • SIGN UP FOR a Bolingbrook LISTSERV El Joliet Hammond i Al Reset Search the 0 ° Lisisery ;M0 [USA Canada] Archives O 'Sob& • LINKS � I _ Map�I @r�KFi� 91e1_ Showing page 3 of 8,for 47 listings Merchant Park Community Garden(Chicaizn,IL) In September 2010,neighbors in the area bounded by Milwaukee Avenue, Addison Street and Pulaski Road on Chicago's Northwest Side met with a common goal: to turn a vacant one-third-acre lot,hidden between a residential street and an industrial strip,into a community garden. The land, accessible only through two alleys,had sat unused since the neighborhood was built nearly 100 years ago.With the help of All Saints Antiochian Orthodox Church(the garden's neighborhood sponsor)and support from 30th Ward Aid. (more... North-Grand HS Habitat Garden(Chicago.IL) The North-Grand High School Habitat Garden is a student-driven project with several components.The largest portion of the garden is a prairie restoration and butterfly garden to attract wildlife to our urban neighborhood. There are 16 raised beds for growing organic vegetables and herbs and several large mounded growing areas for additional organic vegetables and flowers. Students are currently adding a wetlands pond and finishing a gazebo. more... Tripp Ave Neishbors Garden(Chicago, IL) The garden consists of three different shaped beds. Many shrubs,perennials and bulbs are planted here. It was installed in October 2009. We had 22 people volunteer to help with the planting.After wards we had a wonderful lunch that was donated by a local restaurant. UPDATE:November 2010. These gardens continue to thrive. Volunteers planted more them 20 http:l/acga.localharvest.org/search.jsp?&tat=41.622305&lon--88.432040&scale=8&p=3 7/19/2012 American Community Gardening Association Page 2 of 2 perennials and we have expanded the plantings into the community park next door. more... Villa Garden (Chicago, IL 1 The Villa is on the National, State,and Chicago Registry of Historical Places. Our homeowner Association is the oldest ongoing(100 years)in Chicago.The Villa garden is on one of our median strips 35 wide x?feet long, We have hundreds of matures of trees, 6 ft.height flower planting pillars on each corner, and now a new pilot garden. I call it a pilot program because it is on a shaded area,not the easies to grow in. more... Positive Vibrations(Chica IL1 The Switching Station Artist Lofts is located in the East Garfield Park neighborhood of Chicago.This space was redeveloped by ArtSpace USA. The original historic building was built in 1906 as a telephone switching station,later becoming the home of the Roentgen Middle School before being redeveloped by ArtSpace USA as an urban garden space for artists who reside at the urban live/work space. There are four square plots 15'x 15',with trees, scrubs,ivy, and a nice groomed lawn. more... The Millennium Neighborhood Garden(Chicago.IL) The Millennium garden was born in 2005 after the North Lawndale Millennium Team implemented an eight week"healthy eating and physical activity"program with 24 community families.The garden was created with the idea that local families can be more self-sustaining while enjoying locally grown healthy food.The garden has a variety of vegetables grown without pesticides and herbicides.We share our space with Mr. more... Result Pages: << 1 2 3 4 5 6 7 8 American Community Garden Association 11777 East Broad Street, Columbus,Ohio 43203-2040 USA info(cc)conuuuifitvgarden.org Site Map I Privacy Policy http://acga.local harvest.org/search.jsp?&Iat=41.622305&lon=-88.432040&scale=8&p=3 7/19/2012 American Community Gardening Association Page l of 2 _ —.Air ; F1 k } / Growing Community - Across the il.5.&Canada IEA RN SUPPORT US -ind a amtnwiniv garden near you with our Bi-Natinnal C'ornmunity Garden Database. • co�!�I✓c�r _ • sitrn up here + Mena klgii aSchaumburrr- • user login s+ gekelb '�,�i NatnelDescription • E�'I:tir.I.` @ ° Wheaton "- Y '%;,Chi • SIGN UP FOR E- _ Aurora oNa rville "i }! Where? NEWSLETTER ° - o .bakxla+h Zip or City,State • SIGN UP FOR Bolingbrook 1 LISTSERV 0 Joliet. Hammond-l' Reset Search the Listsery I® n [ USA Canada] Archives A o '"'a I • LINKS pen+ I Map tdarg"rloogle'- Showing page 4 of 8,for 47 listings Panther Patch(Chico o IL The Panther Patch is a space started by Peck Elementary School's Science Club. The space has been home to a vegetable garden for two growing seasons,and we recently installed a perennial sensory garden. We are still in the early stages,but we hope to add a pagoda at the entrance and seating for an outdoor classroom.The students plant,weed,and care for the plants in the garden. It has been a wonderful experience for many of them. more...) Mt.Greenwood Children's Garden(Chlcao. IL) The Mt. Greenwood Children's Garden provides therapeutic and educational opportunities for youth and adults from the Mt. Greenwood Park's Special Recreation program. The garden consists of ten brightly colored raised beds and a flower and vegetable bed planted and maintained by the youth. Special features of the garden include an outdoor wooden worm bin,a cob work and planting table built around a tree,rain barrels,Earthboxes and colored garden sticks. (more...) Infinity Cluster High School (Chicago, IL) Welcome to Infinity Cluster High School's Community garden! Our students have been working hard to start this garden for the community.We are growing many different vegetables,from Okra to Tomatoes and spend a lot of classtime during our summer session learning ways to improve our yields and keep weeds from taking over the garden! Growing vegetables and growing http:/l acga.localharvest.org/search.jsp?&lat-41.622305&Ion=-88.432040&scale=8&p=4 7/19/2012 American Community Gardening Association Page 2 of 2 relationships with our neighbors is important to us,and we hope to share our love for growth with you! (more... East Garfield Block Club Garden,3525 W.Adams(Cllica�ro. ILJ A community garden on a parkway in front of 3 vacant,city-owned lots, East Garfield Block Club Garden,3525 W.Adams,was started in Sept. 2005 with help from Openlands and other community gardeners. more... Green Youth Farm(.Chicn.�Ta, ILJ The Green Youth Farm is a 114 acre farm in the heart of North Lawndale in Chicago. The Farm Program hires 15 teenagers each season to tend the garden,harvest the produce,sell the organically grown food they raise at a local fanner's market, cook with their produce,and learn work,leadership and teambuilding skills. Students work from mid-May through mid-October. A fanner's market is held on site every week from lam-noon from JuIy- September. more... "Jacob's"School Kids Gardening Project(CJaiea o,IL) Jacob's Garden,is a service learning project,using the arts/science and nature play. Students facilitated a design charette to discuss how they wanted to improve the physical environment of their school. Bringing a beautification project such as container gardening and raised beds promotes the power of "greening"at their school and in the surrounding community."Ubuntu" is an African wise saying: " I AM because we are.(more... Result Pages: <<.11145678 >> American Community Garden Association 11777 East Broad Street,Columbus, Ohio 43203-2040 USA in fo(q communitygarden.org Site Man Privacy Policy http://acga.localharvest.org/search.jsp?&lat=41.622305&lon=-88.432040&scale=8&p=4 7/19/2012 American Community Gardening Association Page 1 of 2 IN #i A- ,rz `i �- 1 r1 Growing Community 1 ' t lAc.,css The J.S.S Canada] ABOUT ACGA LEARN STORE SUPPORT US CCONNECT Find a communuy garden near you H ith our Bc-National Community Garden.Database. • __ _ __ Elgiw ,5cha6m- ur • sign up here + Nana � [� 0 31 l]ekalb �,�k Name/Description • user login a A Wheaton go�,4 E'% EN TS Q o i �Cril • SIGN UP FOR E- _ Aurora ohlaperville i `'t Where? NEWSLETTER a ��& NI Zip or City,State • SIGN UP FOR V Bdi"g0br0ok Reset LISTSERV R Joliet Hammond ----�-� x ri 8 Search the ❑ a Ell Lis!! © Q [USA Canada ] Archives ❑y ...`e a'"a 1 • LINKS Peru Map 6d&JMQQSGoogleJ- Showing page 5 of 8,for 47 listings KeHoMaCoCo (chiccreo.IL) We have a small community garden consisting of perennials.Without a water source we are limited. A stranger once said,he could smell the rose bushes all the way down the block. more... The Peterson Garden Proiect(Chicago.IL) The Peterson Garden Project is Chicago's largest community vegetable garden,located on the city's far north side at the intersection of Peterson Avenue and Campbell Avenue.The garden's site was part of an original WWII Victory Garden from 1942-1945,and was re-launched on May 21, 2010. The Peterson Garden Project's goal is to recruit,educate and inspire a new generation of gardeners who want to gain control of their food supply, grow their own produce organically,and snake urban gardening the nonn- not the exception. more... FaraolHovne Bee&Butterfly Garden(Chicago, IL) Started in 2007 with the assistance of the Rogers Park Garden Group and the Chicago Botanic Garden,this small Rogers Park jewel,now in its third full year,features bee and butterfly favorites.Organically grown,it comprises perennial and annual flowers,host herbs,fruits, and a large display of many bulbs in the spring,including several varieties of Allium,an early-season bee magnet. It has been certified for 2012 as a National Wildlife Federation Wildlife Habitat. morc... http://acga.localharvest.org/search jsp?&tat=41.622305&Ion=-88.432040&scale=8&p=5 7/19/2012 American Community Gardening Association Page 2 of 2 Soil Asylum (Clticagrs IL} Our garden was started in 2002 with the help of Greencorps Chicago. Our community gardeners are adults dealing daily with the challenges of living with mental illness. The garden offers a place to engage in a relaxing activity, become more comfortable working alongside others,a place to forge new friendships and peacefulness and beauty the garden exudes. We have perennial and annual plants,grow vegetables and herbs. (more... California Gardens Communitv Garden(CG2)(Blur Lslaud. IL) Established in 2011 through Communities Putting Prevention to Work (CPPW) funding, the California Gardens Community Garden is a partnership between the City of Blue Island Community Development Department and Tonuny A. Brown Sports Associati on.Phase I includes: (10)-4'x10' & (5) 10'x10 all onnent plots and(5)- 10'10'food pantry&/or youth plots and a small orchard featuring 3 apple and 3 peach trees. more... Memorial Park Community Garden(Blue lslg,,,t; ,11..) Founded in 2010 by the local park district,the Blue Island Community Garden started as a small, community garden of 16 plots,including weekly classes on organic garden,food preservation and related environmental topics. In 2011,we added 6 new plots for a total of 22. (more... Result Pages: 5 6 7 8 » American Community Garden Association 11777 East Broad Street,Columbus,Ohio 43203-2040 USA infoLiu communitygarden.org Site Map[ Privacy Policy http:l/aega.localharvest.org/search jsp?&Iat-41.622305&lon=-88.432040&scale=8&p=5 7/19/2012 American Community Gardening Association Page 1 of 2 y - t -1 ( . t_�. A Growing Community .•• Across the J-S. S.Canada ABOUT ACGA LEARN STORE SUPPORT US Final a community garden near you with our Bi-National Community G,ardcn Datuhasc. • Sign up here r + hena w Elglnte, c9di u L,r'gA c gt 0"b 'A,r� Name/Description • user login 16 Wheaten ge.,, • SIGN UP FOR E- A090ra oNaperville `� Where'? NEWSLETTER .O(Dsk 80 zip or City,State • SIGN UP FOR �p • Bclingbrook A' LISTSERV P Jn�iet Hammond Reset Search the ° D Listsen� ® n [USA Canada] Archives al Tsai r ott'"'a LE", • LINKS Peru I ' Map dS},1a'I&G00gW- Showing page 6 of 8,for 47 listings Christopher School Garden (Chicago, IL) The Christopher School garden is special as it is an enabling garden built for children with disabilities. It is accessible for children who have limited reach and who use manual and electric wheelchairs as well as walkers. It is a container and raised bed garden. In order for the wheelchairs to move about it required over 1500 patio blocks to be laid.We have also established a butterfly garden and are planning on building an outdoor classroom as well as more beds and fences to grow vegetables and flowers in the coming 2008 season. (more... iatewav sardens(chica o.IL) the gateway garden is one out of three bowmanville community gardens in our neighborhood.we have 17 vegetable plots,a strawberry benn,bluebeny and raspberry row,a herb berm,and a number of flower berms.with the help of green corp and neighbor space the garden looks great. more... Met West Community Garden{Chicago, IL) Met West Community Garden has nearly 50 plots adopted by its members. Named after the Metropolitan West Side Elevated Railroad as its concrete pillars still adom the formerly vacant lot that has now become a great source of community pride and growth.(more... Karen Cruz Children's Center(CAica Io. IL http://aega.locatharvest.org/search.jsp?&Iat=41.622305&lon=-88.432040&scale=8&p=6 7{19/2012 American Community Gardening Association Page 2 of 2 Our garden is a joint project between the Spanish Christian Church(Disciples of Christ) and the Karen Cruz Children's Center,which is located at the church. We started this project with the children of the center and the church members to give the kids a sense of ownership and responsibility for the property and to teach them how to care for a garden and at the same time beautify the church and the neighborhood. more... Howard Area Community Garden(Chicako.IL1 Howard Area Community Garden, founded in 1982,is the second-oldest community garden in Chicago. Located in the North of Howard community of Chicago's Rogers Park neighborhood, HACG boasts 49 plots partitioned on a lot of 12,000 square feet. more... Carpenter Pizza Garden(Chic:agv. IL) Our Pizza garden is shaped like slices of a pizza.The ages of the children are Pre K-grade 2.Two rooms of hearing impaired children have been participating in the garden since it started. It was established in 2004, funded by Greencorps for its first two years.We grow the ingredients for the pizza toppings: tomatoes,cilantro,basil,many types of peppers,garlic,chives,and eggplants.In the classroom we make the pizza sauce. (more... Result Pages: « 1 2 3 4 5 6 7 8 » American Community Garden Association [ 1777 East Broad Street, Columbus, Ohio 43203-2040 USA infogeommunitygarden.org Site Map I Privacy Policy http://aega.localharvest.org/search.jsp?&lat=41.622305&Ion=-88.432040&scale=8&p=6 7/19/2012 American Community Gardening Association Page I of 2 Growing Community Ac,oss the U.S.R.Cariodol LEARN STORE SUPPORT US • CON\'h.CI' Find a c<,mmunity pardon near you\►ilh our Bi-National Community Garden DaiaGLM.. _ • sign up Isere + hens Elglw Cschadmbu ° si t]elcalb ;,� I Name/Description • user to+,ill o I • L'_VEN'FS Wheaton fo�0!a Tt • SIGN UP FOR F.- ~ Aurora oNaperville A4 -& Where? NEWSLETTER SLETTER o .D�&kaaN Zip or City,State • SIGN UP FOR • Bolingbrook LISTSERV Hararnond Reset Joliet Search the 0 ° Listser\ ® [ USA I Canada] �Ssl e otima 11CCI11\'e5 91 ''moo D i • LINKS Peru f Map QAlRr !Poogl&- Showing page 7 of 8,for 47 listings Space Park on Roscoe(Clticu;o, IL) Our park is in formation. We have purchased the property and placed it in trust with the semi-public foundation NeighborSpace. Our next phase will be decorative and security permanent fencing around the perimiter.The design contest is completed and we have a working design for paths,plantings, lighting and acknowledgement of contributors. more... Growing Station Community Garden(Chicago,IL) Growing Station Community Garden was organized by five residents in the Pilsen Neighborhood of Chicago in February 2009.The garden was designed as an organic vegetable garden for residents of all ages,and abilities. It is located on city land adjacent to an unused industrial railroad, and new affordable housing projects.This coming Spring 2010 will be our first full planting season. We do not have a web site yet,but we've kept a blog of our progress. more... Chicago Avenue Conimunity Garden (ChieU,o.IL) The Chicago Avenue Community Garden is hosted by Fourth Presbyterian Church with the intent of growing relationships between the different communities surrounding the garden.There are individual beds available as well as multiple communal beds,and both vegetables and flowers are grown. The garden season runs from May through October,with regular children's programming and monthly cookouts.We are located at the corner of Chicago http://acga.local harvest.org/search.jsp?&sat=41.622305&lon--88.432040&scale=8&p=7 7/19/2012 American Community Gardening Association Page 2 of 2 and Hudson Avenues,walking distance from both the Brown and Red Line stops on Chicago Avenue. more... Friend Enabling Garden (Chicago, IL) Our garden includes two tabletop garden beds,for persons in the seated position who wish to cultivate vegetables and herbs.Two long thin strips of ground-level bed extend N and S in front of the tables,bordering the rehab therapy building- they contain annuals,flower bulbs and some vegetables. On the east side of the plot, three raised beds await a new crop of vegetables, herbs and edible ornamentals.{more... Bronzeville Community Garden(Chicago, IJ The Bronzeville Community Garden,established just last year in 2010, is an easily accessible hub for residents of the Bronzeville Community. Not only an aesthetic addition to it's neighbors,but also a functional resource.The garden provides a place for the community to gather,put on shows,grow food, eat, and socialize.The Bronzeville Community Garden offers workshops,gardening tutorials,activities for children, fresh produce,and vivacious live scenery all while keeping a green initiative in mind. more... Pullman Urban Gardens(Chica,-o, IL) Located on the site of the former Pullman Palace Car Factory, the Pullman Urban Gardens was founded in 2010 by neighbors in the historic Pullman Landmark District. Built of reclaimed materials to be ADA-compliant, site- sensitive,inclusive and educational,the PUGS have grown to include a pumpkin patch, a composting system,a perennial herb garden and 12 member -tended allotment beds. Plans are underway to implement a rainwater reclamation system,permanent berry beds,asparagus beds and a fruit orchard. more...) Result Pages: « 12345678 » American Community Garden Association 11777 East Broad Street,Columbus,Ohio 43203-2040 USA I info(atcomi)t uni tyt;arden.org Site Mau Privacy Policy http://aega.localhar-vest.org/search.jsp?&lat=41.622305&ion=-88.432040&scale=8&p=7 7/19/2012 American Community Gardening Association Page 1 of 2 Ds Growing Community Across the J.S.&Coriodol =lG'J t°;_ e LEARN STORE SUPPORT US Find a cornmuntty garden near you with our Bi-National Community Garden Database. • coNNi;C•r siZn un here F19iffi;,L 6S __. 5+ t]ekalb Name/Description • user lo�itt ° Wheaton #" d • EVENTS , � Q aswy �vGhi • SIGN UP FOR L- Auras p Where? perville o Na NEWSLETTER o �p�.tik,ta�► Zip or City,State • SIGN UP FOR Bolingbrook LISTSERV R Joliet Hamrnond Reset Search the o i Listset-�r � E Q a [ LISA� Canada] Archives �sat,e otiewa _ 1 • LINKS Peru a I Map td@r6VRM1Goog1e- Showing page 8 of 8,for 47 listings Gary Comer Youth Center(Clucav o, IL) The 1/4 acre garden is located on the rooftop of the Gary Comer Youth Center.We grow a wide variety of vegetables,herbs and perennials.The produce from the garden is used in the Center's cooking program. snore... 65th& Woodlawn Community Garden(Chicago.IL} The 65th&Woodlawn Community Garden is a cooperative garden with about 100 families or individuals with 10'x10'plots.We garden organically and have compost bins that are open for neighbors to contribute to. We have a grill,firepit and common picnic area and are located in the center of Chicago's south side in the Woodlawn neighborhood. (more... 62nd& Dorchester_Community Garden(aka 62Garden)(Chica>o IL The 62nd&Dorchester Community garden is a cooperative organic allotment garden located on the Southeast side of Chicago in the Woodlawn neighborhood.We have over 120 plots that offer 100 sq feet of gardening to individuals and families. more... South Chicago Art Center's Artists'Garden (Chicago. IL} In the spring of 2003 the South Chicago Art Center created a community garden on four city Iots just north of the Center. This garden furthers our mission by promoting friendship,cultural pride and civic engagement in the neighborhood. The garden has been a catalyst for building community http://aega.localharvest.org/search jsp?&tat=41.622305&lon=-88.432040&scale=8&p=8 7/19/2012 American Community Gardening Association Page 2 of 2 participation in civic affairs.The garden lies on a block that has only one house on it. To say it is blighted would be an understatement. more... Hammond Community Garden(Haniniond. 0 We have begun this organic vegetable garden this year in a low-income housing project. There is also the Golden Manor senior housing center on site. The Hammond Housing Authority has given us over 8000 square feet of land to grow on. In the future we plan on adding raised beds for the seniors and a compost bin. more...) Result Pages: << 12 3 4 S 6 7 8 American Convnunity Garden Association 11777 East Broad Street,Columbus, Ohio 43203-2040 USA f info(ti1communit >arden.ora Site Mau Privacy Polic http://acga.localharvest.org/search.jsp?&Iat=41.622305&Ion=-88.432040&scale=8&p=8 7/19/2012 Land Use and Planning Policies to Support Community and Urban Gardening RESPONSIBLE NAME OF CITY STATE POLICY/ACTION TYPE OF POLICY AGENCY PROGRAM/ SOURCE LINKS POLICY Expand community garden opportunities throughout the City,encouraging San Francisco San Francisco General Plan San Francisco CA a minimum of 100 community gardens to be established in the City by General Plan Board of Supervisors General Plan Policy 2.12 1996. Community Resolution 28610.Resolution Seattle WA Community Gardens are part of Seattle Comprehensive Plan,within the General/ City of Seattle,Dept Gardening 30194,City of Seattle Legislative http://www.preventioninstitute.orci/sa/Policies/Pdfte "Open Space"goals Comprehensive Plan of Neighborhoods Resolution,P-Patch Information Service,(Information xt/Seattle P-patch.pdf Strategic Plan updated as of June 6,2008) Food and Drugs Food Production and Washington DC Built into Washington DC Comprehensive Plan Comprehensive Plan Code Urban Gardens Program rn Oakland General htto://www.oaklandnet.com/governmenUceda/revis Oakland CA Community Gardening policy within Oakland General Plan General Plan City of Oakland Plan OSCAR Oakland General Plan,Open ed/Planning zoning/Strate°icPlanninoSection/opens element Space ace.html E Department of E Planning Open Space and City of Berkeley,Planning& http://www.ci.berkeley.ca.us/contentdisplay.asox?i o Berkeley CA Community Gardens are part of city's General Plan policies and actions General Plan City of Berkeley Recreation Policy Development,General Plan d=494 r_ OS-8(Also see Environmental Policy o EM-34 E Department of CL Planning Open Recognize and encourage community gardens as a high priority use of Planning& Space and City of Berkeley,Planning& http://www.ci.berkeley.ca.us/contentdisl)lay.aspx?i Berkeley CA open spaces resources,particularly in higher density residential areas. General Plan Development Recreation Policy Development,General Plan d=494 y Actions include Land purchases,long-term leases,other agreements Department OS-8(Also see (7 Environmental Policy EM-34 , Portland OR Dedicated Sustainable Foods program in City of Portland Office of Program-Management, Office Food Policy and Portland Office City of Portland Departments of Sustainability, htto://www.portlandonline.com/osd/index.cfm?c=41 Sustainability Acquisition Sustaina nability Programs Sustainable Foods web page 480 Sacramento Strategic Plan explicitly recognizes the value of community Sacramento Strategic Plan http://www.citvofsacramento.org/i)arksandrecreatio Sacramento CA gardens and supports municipal-nonprofit partnerships for implementation.Strategic Plan City of Sacramento Partnerships Policy policy Statement 12.4 n/masterolan/Pdf/policy-revised.Pdf n "Urban Garden District"established as part of Zoning Code to ensure that d urban garden areas are appropriately located and protected to meet needs a Zoning Code 336.01 for local food production,community health,community education,garden Z°Win Cit of Cleveland Urban Garden City of Cleveland Zoning Codes htto://caselaw.lp.fndlaw.com/clevelandcodes/cco Cleveland OH related job training,environmental enhancement,preservation of green g y and Ordinances part3 336.html space,and community enjoyment on sites for which urban gardens District represent the highest and best usefor the community. E Front Yard Sacramento City Code Title 17 E Reduce restrictive residential landscaping requirements.Allow diversified htto://www.gcode.us/codes/sacramento/view.pho?t o Sacramento CA Zoning City of Sacramento Landscape Zoning, 17.68.010-Landscaping urban landscapes(annuals/perrenials/food gardens)infront yards. Ordinance Requirements odic=l7-iii-17 68-17 68 010&frames=on o htto://www.oakiandnet.com/govemmenViceda/revis p Oakland CA Support street closures for open space use in high-density residential General Plan City of Oakland Oakland General Oakland General Plan,Open ed/planninozoning/StrategicPlanningSection/opens areas Plan OS-2-6 Space O pacie.html p Zoning Code- Interim Land Use Jerry H" H.Van Leeuwen,City of Interim Land Use Policy to make vacant land available for community htto://www.i)reventioninstitute.org/sa/policies/pdft w e L Escondido CA benefit interim use City of Escondido Policy and Adopt-a- Escondido,City Council Interim xUlnterimLandUsePolicv.pdf amendment Lot" Land Use Policy,Sept.2,1998 .v a As of 2008,plans to build urban agriculture into city comprehensive plan, Comprehensive City of Providence, htto://www.farmfreshri.org/learn/urbanagriculture p U) Providence RI with focus on supporting economic developmentin addition to heatlh. Plan,Zoning RI Comprehensive Plan Farm Fresh Rhode Island Webs rovidence.pho#approach public health lair& policy planning for healthy Plat; Last Updated:Updated 7/31/2008 Land Use and Planning Policies to Support Community and Urban Gardening RESPONSIBLE NAME OF CITY STATE POLICY/ACTION TYPE OF POLICY AGENCY PROGRAM/ SOURCE LINKS POLICY District of Saanich,Municipal BC, Saanich Municipal Council Policy on Bylaws and Policies:Council http://www.gov.saanich.bc.ca/municipal/clerks/bola Saanish Canada Include community gardens in park acquisition and development Municipal Bylaws Government Community Gardens Policy on Community Gardens, ws/gardens.pdf March 2003 Ref:03/CW BRA Zoning Zoning category within open space codes to preserve open space for Zoning Code- Boston Community Garden City of Boston, http://www.citvofboston.gov/bra/odf/ZoninoCode/A Boston MA community gardens special zoning Redevelopment Open Space Code,Article 33: ticle33.pdf districts Authority Subdistricts Open Spare Subdistricts City Council created nonprofit entity,funded jointly with municipal and From info compiled by Lenny private funds. Intergovernmental entity(municipal and private funds)"to Program- City of Chicago Park Librizi,ACGA Member,"Lessons o Chicago IL own,lease,manage,or hold easements to small open spaces for Management and District and Forest NeighborSpace from Community Gardening htto://neighbor-space.org/main.htm :y development and maintenance by neighborhood groups.Power to Aquisition Preserve District Programs in Other Cities" acquire tax delinquent parcels. Workshop,March 20,1999 6 Community Action Community Action City Support for Community Gardening Program. (City supports CAC with Program- Community Action Coalition Madison WI Funding rom CDBG,help with land ac uisition/tenure Management Coalition Garden Coalition Garden Website htto://www.caescw.org/gardens/ g p q ) 9 Pro ram CAC Program CAC m J City of Madison City of Madison Comprehensive Comprehensive Plan includes"protect existing community gardens in the Committee on Plan January 2006,Natural and http://www.ci.madison.wi.us/planning/comp/dplan/v Madison WI City and establish additional areas for new community gardens" Comprehensive Plan Community Gardens Comprehensive Plan Agricultural Resources Section 6 1/chapter6/vlc6.pdf 2006,Objective 14 14:Community Gardening Commitment to zero net loss of open space in the city. Retain land-trust Oakland General Oakland General Plan,Open htto://www.oaklandnet.com/governmenViceda/revis Oakland CA properties for open s ace,support open s ace acquisition and use of General Plan City of Oakland Plan OS 2-3 through Space ed/planningzoning/StrateglePlanningSection/opens city-owned sites. 2-5 oace.html http://www.gov.saa n ich.bc.ca/m BC, Re-zone existing community garden sites to Recreation and Open Space Saanich Municipal Saanich Zoning htto://www.gov.saanich.bc.ca/municipal/clerks/bvla Saanich Canada Zone Z°Wing Government Bylaw 8200 unicipal/clerks/bylaws/zone8200.pdf#page=l8 ws/pdfs/zone8200.pdf Community Resolution 28610.Resolution http://clerk.Gi.seattle.wa.us/-scripts/nph- brs.exe?s1=&s2=&s3=30194&s4=&Sect4=AND&I Community Gardens are protected from development within the"Open General/ City of Seattle,Dept Gardening 30194,City of Seattle Legislative= Seattle WA 20&Sectt5=RESN&Sect26=HIT ON&d=RE N& Space"goals Comprehensive Plan of Neighborhoods Resolution,P-Patch Information Service,(Information RON&Sects=RESN1&Sect6=HITOFF&d=RESN& Strategic Plan updated as of June 6,2008) =1&u=/- ublic/resnl.htm&r=1&f=G Policy to assist in the development of user agreements with the owners of Vancouver Park BC, Community Gardens Community Gardens Policy, http://vancouver.ca/parks/parks/comoardnpokX.-bi m Vancouver sites(public or private)chosen fo rcommunity gardens. Bylaws Board:Parks F Canada Gardens Policy revised Sept 19,2005 m City of Victoria City of Victoria Community J BC, Policy to provide state lands and municipal supports(funding,water)to B Parks,Recreation Community Gardens http://www.victoria.ca/citvhall/departments compar Victoria Canada maintaining and developing new community gardens ylaws and Community Policy Gardens Policy,September shtml Development Dept 2005 Portland OR Community Gardening protected in CityZoning Codes Parks and Open Zoning Portland Parks& Code of the City of Code of the City of Portland, http://www.i)ortiandonline.com/planning/index.cfm? Areas Recreation Portland,Oregon. Oregon.Title 33.920.460 c=31612 public health lair& policy planning for healthy Plat; Last Updated:Updated 7/31/2008 Land Use and Planning Policies to Support Community and Urban Gardening RESPONSIBLE NAME OF CITY STATE POLICY/ACTION TYPE OF POLICY AGENCY PROGRAM/ SOURCE LINKS _ POLICY _ Community Gardens management by Friends of P-Patch and acquisition Program- Seattle WA by the P-Patch Trust Management, Friends of P-Patch P-Patch P-Patch website http://www.seattle.gov/neighborhoods/DDatch/ Acquisition Q Program within City of New York Parks and Recreation Department for Program- City of New York Green Thumb Website,ACGA E New York NY Parks and Green Thumb website links to drafted htto://www.greenthumbnvc.org/ Q centralized management of community gardens and technical assistance Management 0) Recreation comprehensive plan policy M c Program- Friends of Portland Friends of Portland Friends of Portland Community 2 Portland OR City partners with organizations to jointly manage community gardening Acquisition Community Gardens Community Gardens Gardens Website htto://www.friendspdxciardens.org/index.htm Program- Portland Parks& Parks and Recreation Website, htto://www.portlandonline.com/narks/index.cfm?c= Portland OR Community Gardening managed by City within Open Space requirements Management Recreation Parks 2020 Vision 2020 Vision Plan 40182 City to fund Community Garden Program and school gardens program Program- Community Garden Oakland General Oakland General Plan,Open htto://www.oaklandnet.com/governmenUceda/revis Oakland CA within General Plan,supported by Office of Parks and Recreation management Program Plan OS 2-3 Space ed/planninazoning/StrategicPlanninaSection/opens ace.html Community Resolution 28610 htto://clerk.ci.seattle.wa.us/-scripts/noh .Resolution - Include community gardens in evaluation ofpriority use of city surplus brs.exe?sl=&s2=&s3=30194&s4=&Sect4=AND&I Legislative of Seattle Le = City 30194 Dept Gardening De of Seattle, p g , y g Seattle WA property. Co-locate community gardens with other City priority projects Comprehensive Plan City 20&Sect1=IMAGE&Sect2=THESON&Sect3=PLU such as affordable housing and public transit of Neighborhoods Resolution,P-Patch Information Service,(Information RON&Sect5=RESN1&Sect6=HITOFF&d=RESN& Strategic Plan updated as of June 6,2008) =1&u=/- ublic/resnl.htm&r=1&f=G 0 m City of Madison Community Action Coalition v Goal for Comprehensive Plan:1 community garden for every 2000 Community Garden http://www.cacscw.org/gardens/committee report s 0 Madison WI households Comprehensive Plan Committee Comprehensive Plan Website,Committee Reports htm 2006,Objective 14 and Proposals N m o District of Saanich,Municipal BC, Saanich Municipal Council Policy on Bylaws and Policies:Council htto://www.gov.saanich.bc.ca/municipal/clerks/bola CJ Saanich Canada Establish one garden per"neighborhood" Municipal Bylaws Government Community Gardens Policy on Community Gardens, ws/gardens.Ddf March 2003 Ref:03/CW Community Resolution 28610.Resolution htto://clerk.ci.seattle.wa.us/-scripts/noh- brs.exe?sl=&s2=&s3=30194&s4=&Sect4=AND&I City of Seattle,Dept Gardening 30194,City of Seattle Legislative= Seattle WA Goal:1 community garden for every 2500 houses Comprehensive Plan 20&Sectl=IMAGE&Sect2=THESON&Sect3=PLU of Neighborhoods Resolution, Patch Information Service, ,Information RON&Sects=RESN1&Sect6=HITOFF&d=RESN& Strategic Plan n updated as of June 6,2008) =1&u=/- ublic/resnl.htm&r=1&f=G Department of Planning Open y Planning& Space and y Expansion/outreach to emphasise low-income families or individuals, City of Berkeley,Planning& htto://www.ci.berkelev.ca.us/contentdisplay.asox?i Berkeley CA General Plan Development Recreation Policy youth,elderly,physically challenged,other special populations Department OS-8(Also see Development,General Plan d=494 Q Environmental Policy EM-34 :°• htto://clerk.ci.seattle.wa.us/-scripts/noh- Community Resolution 28610.Resolution brs.exe?sl=&s2=&s3=30194&s4=&Sect4=AND&I W Seattle WA Expansion/outreach to emphasise low-income families or individuals, Comprehensive Plan City of Seattle,Dept Gardening 30194,City of Seattle Legislative=20&Sect1=IMAGE&Sect2=THESON&Sect3=PLU youth,elderly,physically challenged,other special populations of Neighborhoods Resolution,P-Patch Information Service,(Information RON&Sects=RESsn&Sect6=l&f=G &d=RESN& Strategic Plan updated as of June 6,2008) =1&u=/- ublic/rel.htm&r= &f public health lair& policy planning for healthy Plat; Last Updated:Updated 7/31/2008 SECTION 6: NATURAL AREAS A. General: It is not the practice or desire of the City to accept any natural area, including, but not limited to woodlands, greenways, or conservation areas, as part of a park. Any variance from this practice must be approved by Staff and Park Board. . Special consideration may be given for acceptance of natural areas if they are adjacent to other park areas, include threatened or endangered plants, specimen trees species. wildlife habitat. create a vital link in the parks master plans. and meet usability criteria at the discretion of the Staff and Board. 2. This may include, but not be limited to, safe access. incorporated trail systems. overlooks, or natural habitats. 3. Woodlands: should woodlands be part of the local donation, they shall meet the following requirements: a. A tree survey, as outlined in the Landscape Ordinance, shall be completed and submitted. This shall include the site topography and future development plans. b. Stormwater shall be conveyed through wooded areas via open swales to improve stormwater quality. c. Outflow is not allowed to be directly piped into riparian forests. Backyards shall slope to the side of the lot and drain into an inlet, or follow a Swale to the street. Turfgrass runoff shall not directly infiltrate the woodland. d. It can be expected that the developer will assume responsibility to bring the woodland to park standards. In cases where existing trees and shrubbery are present on the site. deadwood, undesirable trees, and thinning of dense growth, which may include branches or entire trees and shrubs, shall be removed. All stumps shall be ground to twelve (12") inches below grade, backfilled and restored in accordance with grading and seeding requirements. Improvements standards includes. but are not limited to, the following items: I. Clear understory trees 2. Remove dead or decaying material 3. Remove hanging tree limbs 4. Clear vines from trees 5. Clear underbrush 6. Clear invasive species and noxious weeds 7. Perform a prescribed burn (by certified contractor) 8. Clear fence or repair damaged fence -27- ADDENDUM CONSERVATION DESIGN DEVELOPMENTS: STANDARDS and PROCEDURES A1101 PURPOSE A. To preserve the integrity of the land and its natural functions; B. To enhance community character and access to nature and open space for children and families; C. To conserve open space and sensitive natural features; D. To preserve and restore remnant wetlands, woodlands, savannas, and prairies and provide for the long-term ecologic management of these areas E. To preserve the hydrologic condition and infiltrative capability of the soil by minimizing mass grading and impervious surfaces; F. To preserve natural groundwater recharge functions and protect the quality of surface water and groundwater; G. To minimize stormwater runoff and associated flooding and erosion; H. To provide diverse lot sizes, building densities, and housing choices; I. To create neighborhoods with views of open land and with a strong neighborhood identity; J. To preserve important historic and archeological sites; K. To conserve scenic views and elements of the County's rural character; L. To promote interconnected greenways and wildlife corridors throughout the County; M. To provide convenient walking trails and bike paths within subdivisions and connecting to neighboring communities and businesses; N. To reduce infrastructure costs and the cost of public services required for new development, improve housing affordability, and enhance property values; and O. To create more livable and sustainable communities. A1102 APPLICABILITY The following regulations set forth apply to proposed subdivisions that contain and/or abut sensitive natural resource areas. In addition, subdividers may voluntarily choose to apply as a conservation development and thereby conform to all of the applicable requirements of this Addendum. Such applications also are eligible for the relevant density bonuses and related benefits offered. The conservation design regulations are mandatory for a parcel if either an "Automatic Trigger" or a "Cumulative Triggers" threshold is met, as defined below. Refer to Sections A1102.1 and Al 102.2. Notes: All sensitive natural resource areas that exist on the site are eligible to meet the open space requirements of this Addendum. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 1 of 47 The Conservation Development Design Standards and Procedures, described in this Addendum, are allowed in all zoning districts Existing maps and data, such as ADID wetland maps, will be used to identify automatic and cumulative triggers. However, maps and data provided by the subdivider may be used to determine applicability of certain triggers if said maps and data are the result of on-site analysis, attested by a qualified source, and accepted by the Staff Plat Review Committee. Al 102.1 AUTOMATIC TRIGGERS The site contains or abuts within one-hundred (100) feet A. A designated McHenry County Natural Area Inventory (MCNAI) site B. A stream, river, lake and/or wetland designated as Advanced Identification (ADID) high habitat value or high quality. Al 102.2 CUMULATIVE TRIGGERS The site contains, or abuts within two-hundred (200) feet, the following areas whose cumulative acreage equals or exceeds twenty (20) percent of the total area of the site and the two-hundred (200) foot abutting zone: A. Regulatory wetlands, except farmed wetlands, B. Regulatory floodplains and Flood of Record areas, C. Glacial kettle holes, D. Woodlands and savannas based on on-site determination and E. Remnant prairies based on on-site determination. F. Soils characterized as having one (1) or more of the following characteristics: 1. Excessive permeability as defined in Table 6, Soil Survey of McHenry County, Illinois, USDA-NRCS, 2002 (or current version). 2. High leach potential, reflecting conditions where pesticides/ herbicides have a high potential to reach the bottom of the soil profile as defined by CRP Manual, USDA-NRCS, Leaching Index Values, McHenry County, Illinois, 412512006. 3. High potential for aquifer contamination based on Illinois State Geological Survey Circular 559, Geologic Mapping for Environmental Planning, McHenry County, all "A" units. 4. "E" slopes and greater, reflecting highly erodible slopes of 12% and greater as defined in Soil Survey Legend, Soil Survey of McHenry County, Illinois, USDA-NRCS, 2002. 5. Depressional hydric soils based on a coverage developed by NRCS using the USDA-NRCS Hydric Soil List, McHenry County. Detailed Soil Map Legend, 1210312003. G. State-designated "Class III Special Resources Groundwater Areas" and ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 2 of 47 H. Publicly owned or private deed-restricted natural open spaces and preserves. Note: Most of the preceding natural resource data categories are available digitally from the McHenry County Department of Planning and Development, the McHenry County Soil and Water Conservation District, the McHenry County Department of Health or the McHenry County Conservation District. A few of the categories, such as woodlands, savannas, prairies, and kettle holes will need to be determined via on-site analysis. For the purposes of the two-hundred (200) foot buffer, map analysis combined with a visual inspection of the perimeter of the site shall be a sufficient analytical tool to make the appropriate determination. Assembling the necessary natural resources data to comply with this applicability determination will likely require a combination of methods. A1102.3 EXCEPTIONS Subdivision of land consisting of five or fewer lots, without the creation of any new roads or streets, is except from this Addendum. Parcels that have obtained tentative plat approval from the Planning and Development Committee prior to the effective date of this amendment are except from this Addendum. All 103 APPLICATION PROCESS Refer to the McHenry County Subdivision Ordinance for the subdivision application process. Conservation Design Development (CDD) applications require the submittal of additional information, which is outlined in the following sections. Other information shall be provided, as needed, at the request of the Staff Plat Review Committee. A1104 CONSERVATION DESIGN: SKETCH PLAN SUBMITTAL All 104.1 SITE ANALYSIS/INFORMATION REQUIREMENTS Note: Refer to Section A1107 for CDD PROCEDURES and Section A1115 for OPEN SPACE STANDARDS. A Natural Resource Inventory(NRI) Report, prepared by the McHenry County Soil and Water Conservation District, shall be submitted at the sketch plan stage for the proposed subdivision including a two-hundred (200) foot adjacent boundary. Said report shall include or be accompanied by all of the following: ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 3 of 47 A. Topography (minimum 2 foot contours, surveying of off-site topography shall not be required, off-site contours shall be displayed at the highest level of detail available), B. Streams, rivers, lakes, watercourses and the ADID classification of each, C. Regulatory wetlands, D. Regulatory floodplains and Flood of Record areas, E. Depressional storage areas and soil maps showing soils that are depressional, F. Drainage ditches, field tiles (from tile survey), storm sewers and outlets, G. Existing drainage patterns, drainage divides, and flow paths, H. Designated natural areas (INAI and MCNAI), I. Threatened and endangered species (EcoCat report and proof of initiation of contact with U.S. Fish and Wildlife Service), J. Woodlands, savannas, prairies, K. Vegetation analysis (e.g., vegetation communities), L. Soil classifications/types, especially hydric/organic, slope ranges, M. Soil interpretation/suitability assessment including excessive permeability, leach potential, groundwater recharge or discharge potential, septic suitability, basement suitability, aquifer sensitivity (the Illinois State Geological Survey Circular 559, Geologic Mapping for Environmental Planning, McHenry County, Illinois), prime farmland, soil erosion potential, N. Public open space and preserves, O. Historic buildings, historic sites and archeological sites. A1105 CONSERVATION DESIGN: SITE CAPACITY/SITE YIELD PLAN The following calculations shall determine site capacity for residential development, buildable acreage and number of units. A. The entire area of the parcel (the acres of land within the bounds of the legal description) shall be determined and considered the "gross area". B. Ninety (90) percent of the gross area, as defined above, excluding one half(0.5) of all land located within regulatory wetlands shall be considered the "par acreage." For example, if the gross area is 80 acres with 20 acres of regulatory wetlands, the par acreage would be 63 acres, (80 - (20 x 0.5)) x 0.9 = 63. C. The par acreage, as determined above, shall then be multiplied by the maximum allowable dwelling units per acre as determined by the underlying zoning classification. The resulting computation shall represent the maximum number of dwelling units that can be built under conservation design standards, prior to any density bonus that may be approved. Refer to Section Al 112.2. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 4 of 47 A1106 DENSITY BONUSES for OPEN SPACE and INNOVATIVE DESIGN At the request of the subdivider, the Staff Plat Review Committee may recommend and the McHenry County Board may approve an increase in density if it is demonstrated that the proposed conservation design plan offers a superior layout and quality of design which incorporates environmentally sensitive design features that substantially exceed the minimum requirements of this Addendum. If density bonuses (increases) are requested under this section, the subdivider is required to authenticate all site amenities and improvements. For every density bonus requested, it shall be the subdivider's responsibility to present appropriate evidence and documentation that each standard has been met or exceeded to the satisfaction of the Staff Plat Review Committee. A1106.1 ALLOWABLE MAXIMUM DENSITY BONUSES Maximum increase in density shall be limited to twenty (20) percent of the permitted density. In determining the number of additional units allowed, fractions will be rounded to the nearest whole number. For non-residential development, see Section Al 112.3. A density bonus of up to five (5) percent may be offered for each of the following: A. Internal trails and open spaces are connected with existing open spaces and multi-use trails outside of the development and provide access to the public. A trail system may be constructed within perimeter buffer-required areas. Trails must be permanent. 1. An easement for a subdivision's trail system shall be shown on both the tentative and final plats and recorded as such. Said easement, which may either be in the form of a blanket statement or a detailed survey, is required for any and all trail systems. 2. Signage marking the trail head must be installed and maintained as part of the HOA/POA's responsibility and recorded as such in the covenants and restrictions for said subdivision. (For example: "ABC Subdivision HOA/POA Open Space Prairie Trail % mile loop.") 3. If the subdivision's trail system is not a closed-loop system, trail stubs to perimeter areas shall be provided. B. The amount of open space provided exceeds the minimum required for the development by ten (10) percent or more. C. Open space within the development is placed into a conservation easement with a legally incorporated land conservation organization or donated to a public open space agency. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 5 of 47 D. Wetland restoration and/or enhancement substantially in excess of County and U.S. Army Corps of Engineers permit requirements. Restored/enhanced wetlands must exceed the U.S. Army Corps of Engineers' Floristic Quality Index (FQI) requirements by at least five points or, obtain a score of thirty (30) points or higher, whichever score is greater. E. Remnant prairies, savannas, and woodlands shall be substantially restored prior to the turnover of the property to the homeowners/property owners association or land conservation organization. Such restoration shall consist of the removal of invasive trees, brush and herbaceous species. F. The development proposes a mix of housing types and price ranges (offers at least five (5) percent of available units to households at eighty (80) percent of the median income for McHenry County residents as established annually by the U.S. Department of Housing and Urban Development). G. Recognized historical buildings and structures are preserved and reused. A1107 CONSERVATION DESIGN PROCEDURES A1107.1 The proposed development shall be designed to fit the topography, physical features, and soil conditions of the subject site. More specifically, conservation design shall preserve natural drainage patterns, stabilize soils during construction, preserve native vegetation and protect, enhance and maintain natural resources. Conservation design proposals shall include the following information at the sketch plan stage: A. Identify all natural resources, conservation areas, open space areas, and physical features (floodplain, wetlands, lakes, ponds, channels and other water bodies, steep slopes, woodlands, savannas, significant native trees, meadows and prairies, hydric soils, significant vistas, scenic areas and historic structures and/or archeological sites). To the maximum extent practical, these features shall be preserved as open space and protected from negative impacts generated as a result of the development or other land disturbing activities. B. Locate building sites to take advantage of open space and scenic views. Lot areas and lot widths which facilitate the access of neighborhoods and lots to open space and conservation areas shall be considered in order to provide more efficient use of the land, as well as to protect the development rights of the property owner and preserve the number of ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 6 of 47 occupancy units permitted by, but not limited to, the underlying zoning of the property. C. Design the street network to minimize encroachment in sensitive natural resources such as wetlands, woodlands, savannas, prairies and to take advantage of open space vistas. Interconnection of internal streets and street connections to adjoining land parcels shall be provided to create opportunities for future connectivity while also recognizing potential safety issues involving ingress/egress. D. Establish lot lines and lot sizes in order to take maximum advantage of conservation procedures outlined above. Refer to Section A1112 of this Addendum. E. Minimize area of earth grading. The subdivider shall be required to submit an exhibit that delineates where soils will not be disturbed as the result of earthwork, grading, or other construction activities. F. Compliance with OPEN SPACE STANDARDS outlined and defined in Section A1115. A1108 CONSERVATION DESIGN DEVELOPMENT STANDARDS A1108.1 GENERAL STANDARDS for CONSERVATION DESIGN DEVELOPMENTS (CDD) A. Lots, buildings and building sites shall be clustered where possible. Lot and building site size may be less than that required by the underlying zoning classification in order to achieve greater preservation and protection of natural resources. Refer to Section A1112. B. Such clusters shall be located so as to minimize negative impacts on the natural, visual and cultural resources of the site and between incompatible uses and activities. C. Such clusters shall be designed and sited to achieve the following objectives: 1. Avoid encroachment in ADID high quality habitat wetlands and remnant prairies unless there are no practicable alternatives. 2. Avoid encroachment on steep slopes unless there are no practicable alternatives. 3. Avoid encroachment in woodlands and savannas unless there are no practicable alternatives. In all cases, the subdivider shall preserve at least seventy (70) percent of the area of woodland and savanna of one (1) acre or larger. 4. Avoid encroachment in wetlands and wetland buffers unless there are no practicable alternatives. In all cases, the subdivider shall preserve at least eighty (80) percent of wetlands and wetland buffers. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 7 of 47 5. Avoid encroachment in floodplains unless there are no practicable alternatives. In all cases, the subdivider shall preserve at least ninety (90) percent of floodplains by area. 6. Minimize fragmentation of natural areas and open space while also providing for access and views from clusters. 7. Minimize encroachment in natural depressions, drainageways and sensitive recharge areas to facilitate their use for runoff infiltration and filtering. 8. Maintain and protect scenic views of open space from adjacent and proposed roads. Minimize visual impact through the use of natural landscaping. 9. Protect buildings and sites of historic significance or incorporate them through adaptive reuse. D. Permanent boundary markers shall be installed to delineate private property from open space areas. Placement of markers shall be determined at tentative plat. A1108.2 BUFFER STANDARDS for CONSERVATION DESIGN DEVELOPMENTS (CDD) A. A minimum thirty (30) foot vegetative buffer designated as a separate outlot shall be maintained around the exterior of the development on all sides. The buffer shall be measured from the road right-of-way or adjacent exterior property line of the development, as appropriate. This buffer shall be designed, to screen new housing or incompatible development, to preserve scenic views, or otherwise enhance the landscape as seen from existing perimeter roads. A trail or sidewalk may be constructed within the perimeter buffer area. Naturally landscaped berms and entrance signs are allowed in buffers, but shall not count toward the open space requirements found in Section A1114. B. A fifty (50) foot wide buffer is required along the length of a CDD's perimeter that borders, an adjacent natural area or public or private deed- restricted open space. C. All other required buffers shall comply with the McHenry County Stormwater Management Ordinance. A1108.3 STREET and TRAIL STANDARDS for CDD A. Neighborhood streets may take the form of a two-way street or a one-way loop street. Pavement width may be as follows upon approval of the appropriate road authority: Residential streets: 20 feet Major residential streets: 24 feet Business and industrial access streets: 24 feet ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 8 of 47 B. Streets shall be developed according to standards that promote road safety, provide adequate access for emergency vehicles, provide access to trails and, where appropriate, accommodate bikeways on roads and allow for adequate vehicular circulation and movement within the subdivision and connecting to adjacent subdivisions. C. The street network shall be laid out in a manner that optimizes connectivity both within the subdivision and to adjacent roads. Cul-de- sacs are discouraged unless there are no practical alternatives to serve the buildable portions of the property and are accepted by the appropriate road authority. D. Where appropriate, to accommodate roadside parking needs, creative designs are encouraged. Wider grass shoulders (i.e., between road edge and roadside swale) also are encouraged where necessary to accommodate roadside parking. E. Private roads may be allowed in conservation subdivisions but must conform to the respective structural standards (e.g., pavement composition and thickness) of the appropriate road authority. Private drives and parking areas may be built with alternative permeable paving surfaces and designs. Refer to the appropriate sections of this Ordinance for requirements and standards for the construction of roads. F. The use of enclosed curb, gutter and storm sewer systems are strongly discouraged in favor of vegetated swales subject to the determination made by the Chief Stormwater Engineer. G. Installation of a multi-purpose trail system is encouraged to provide access to open space areas within the subdivision as well as access to adjacent subdivisions and regional trails. The trail system shall be privately owned and maintained, unless the adjacent open space system is dedicated to a public land management agency such as the McHenry County Conservation District. H. Shared or common drives shall be permitted, provided there is a recorded easement and covenants applicable to the properties utilizing shared access which establishes standards for maintenance and use. A1109 STORMWATER BEST MANAGEMENT PRACTICE STANDARDS A1109.1 Conservation design shall adhere to the requirements of the McHenry County Stormwater Management Ordinance. In particular, the design shall incorporate a strategy to meet the Ordinance release rate requirements, to minimize the increase in runoff volumes and rates and to address the identified water quality treatment requirements of the Ordinance. The subdivider shall use appropriate best management practices as presented in the McHenry County Stormwater ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 9 of 47 Management Ordinance Technical Reference Manual and the following hierarchy in preparing a drainage plan suitable for the development site. These practices shall be given preference in the site plan according to the following sequence: A. Preservation of natural resource features of the development site (e.g. floodplains, wetlands, Isolated Waters of McHenry County, prairies and woodlands), B. Preservation of existing natural streams, channels and drainageways, C. Minimization of impervious surfaces created at the site (e.g. narrowing road width, minimizing driveway length and width, clustering homes and shared driveways), D. Use of natural landscaping as an alternative to turf grass, E. Use of open vegetated swales, bio-swales, filter strips, rain gardens and infiltration devices to convey, filter and infiltrate stormwater runoff, F. Preservation of the natural infiltration and storage characteristics of the site (e.g. disconnection of impervious cover and on-lot bio-retention facilities) and G. Structural measures that provide water quality and quantity control. Al 109.2 In addition, the stormwater and site design approach shall comply with the following: A. Required stormwater management areas may be included within required open space areas. B. All stormwater detention/retention areas shall be developed as a separate outlot that is not part of an individual building lot and shall be owned and maintained by a Homeowners Association (HOA)/ Property Owners Association (POA) or an approved open space management entity for the proposed subdivision C. For nonresidential development, rooftop runoff and sump pump discharge shall be directed to pervious areas, such as yards, open space, grassed swales, or vegetated areas, via sheet flow or in a similar diffused manner. D. Where curb and gutter designs are determined to be necessary, creative approaches, where feasible, shall be implemented to convey runoff through curb cuts and similar designs into swales and bio-swales. A1110 NATURAL LANDSCAPING STANDARDS for CDD Al 110.1 The use of native plant materials for landscaping is required throughout and along the perimeter of the development site and in those areas containing bio- ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 10 of 47 swales, detention basins, common open space areas, buffers of streams, lakes, wetlands and other water bodies. A1110.2 Natural landscaping shall consist of grasses, wildflowers, shrubs and trees that are native to the greater Chicago region as identified in Plants of the Chicago Region (Swink and Wilhelm, 1994). A1110.3 The installation of natural landscapes shall conform to the approved Stewardship Plan's maintenance, monitoring, and performance criteria outlined in Section A1118 of this Addendum. Natural landscapes shall be managed in the long-term following the requirements also outlined in Section A1118 of this Addendum. A1111 PARKING LOT STANDARDS for CDD A1111.1 Parking lots shall be designed to minimize impervious surface area and maximize the opportunity to infiltrate and filter runoff from the lot. Parking lot design shall meet the following standards: A. Parking lots shall provide the minimum number of spaces necessary to meet expected needs per the requirements of the McHenry County Zoning Ordinance. B. Parking lot runoff shall be routed to internal and/or peripheral swales and bio-swales. Where curbing is determined to be necessary, frequent curb cuts shall be utilized to allow runoff to enter swale and bio-swale structures. C. Permeable paving shall be evaluated for use in lieu of conventional asphalt or concrete paving. A1112 BULK REQUIREMENTS for CDD All 112.1 The following standards shall be adhered to for residential lots, consistent with Section Al 108.1.A and Section All 112.2. A. Lot size, shape and orientation shall be appropriate to the use, location and type of development according to the underlying zoning classification. B. Public, private, utility and other required easements can occur on the lot or within open space. Where lots have a minimum ten (10) foot rear setback, utility easements shall be outside of the lot or building envelope. C. For public or private roads, the front yard setback shall not be less than twenty (20) feet from a ROW or the edge of road (or back of curb if ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 11 of 47 applicable), whichever is greater. D. Every lot shall have access, to an interior street. However, an existing farmstead, with an existing driveway, that does not access a local street may be preserved and allowed under this condition. E. If agricultural uses are being maintained, lots shall be configured in a manner that maximizes the usable area remaining for such use and shall have appropriate buffers between residential and agricultural uses. A1112.2 BULK CHART for RESIDENTIAL CDD Conservation Minimum Minimum Minimum Minimum Minimum Minimum Design Acres Width Yard Rear Yard Side Yard Open Underlying Frontage Abutting Space % Zoning Districts Road or Street Acres Feet Feet Feet Feet E-5 Estate 1 150 50 40 20 70% E-3 Estate .75 130 30 40 20 60% E-2 Estate .6 120 30 30 20 50% E-1 Estate 0.33 100 30 20 10 50% R-1 Residential 0.25 70 20 10 10, & 10% 40% R-2 0.5 140 20 10 10 40% Two-family R-3 Multi-family 0.75 175 20 10 10 40% A1112.3 BULK CHART for NON-RESIDENTIAL CDD Non-residential developments shall not exceed an impervious surface coverage ratio of six-tenths (0.6) for the overall site, prior to any site coverage bonus that may be approved. Individual lots shall not exceed an impervious surface coverage ratio of seven-tenths (0.7). Maximum Overall Site Maximum Individual Lot Non- Coverage Ratio of Coverage Ratio of Minimum Open Space Residential Impervious Surface Impervious Surface Districts 0.6 0.7 40% Density bonuses and requests to reduce minimum lot acreage requirements, per the McHenry County Zoning Ordinance, shall be considered on a case-by- ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 12 of 47 case basis. Approval shall be granted by the Planning & Development Committee of the County Board. Note: Refer to Sections All 114, Al 115 and All 116. A1113 WASTEWATER TREATMENT and DISPOSAL for CDD This section defines the criteria for a wastewater treatment and disposal system needed at the tentative plat stage. At the sketch plan stage, information may be limited to the type(s) of wastewater treatment and disposal option(s) under consideration for the development. All 113.1 Treatment and disposal options that are consistent with state and federal anti- degradation policies shall be utilized. In particular, options that best protect groundwater, wetlands, surface waters and other natural resources from increased concentrations of nutrients and related pollutants that may impact aquatic life, native plant diversity, and related uses shall be utilized. The McHenry County Department of Health reserves the right to require review by an outside agency or qualified onsite wastewater treatment specialist, including, but not limited to, USDA/NRCS, Illinois Department of Natural Resources, Illinois State Water Survey and Illinois State Geological Survey. A1113.2 A wastewater treatment option shall be selected and implemented based on its ability to ensure groundwater recharge, beneficial reuse of nutrients, protection of groundwater quality, protection of surface water quality and protection of environmentally sensitive environments. Shallow groundwater flow direction, projected wastewater flows, projected strength of the wastewater, sensitivity of the receiving environment, recharge capability, potential cumulative impact of the chemical, organic, nutrient and bacterial loading on groundwater and lifetime cost of the system shall be taken into consideration when selecting the wastewater treatment option. All 113.3 The wastewater treatment system shall comply with Article X of the McHenry County Public Health Ordinance. Sites utilizing Illinois EPA permitted technology shall conform to all of the requirements of the Illinois Environmental Protection Agency and receive all applicable permits prior to approval of the conservation design development by McHenry County. A1114 OPEN SPACE REQUIREMENTS for CDD A1114.1 Required open space shall vary depending on the underlying zoning. Refer to Section All 112 for minimum residential open space percentages. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 13 of 47 A1114.2 Open space also shall be required for non-residential land uses, based on the site coverage ratio and any associated site coverage bonuses. Refer to Section Al 112.3. A1114.3 Common or deed-restricted open space includes land and water areas retained for active or passive recreation uses and/or for resource protection and generally shall be in an undeveloped state. Open space includes, but is not limited to, the following: A. Woods and savannas, B. Wetlands and wetland buffers, C. Streams, waterways, lakes and ponds, D. Prairies and grasslands, E. Floodplains (credited up to twenty-five (25) percent of the required open space, unless this criterion would limit the number of lots to something less than allowed under this Ordinance, F. Naturally landscaped common areas and buffers, G. Walking or bicycle trails, H. Naturally landscaped stormwater detention and drainage facilities, I. Naturally landscaped areas utilized for installation of water wells, spray irrigation of treated wastewater (excluding treatment and associated wastewater storage facilities) and on-site wastewater treatment systems, (excluding septic tanks or other pre-treatment devices and lift stations), J. Areas of greater than twelve (12) percent slope, K. Pasture and agricultural cropland areas, L. Manicured turf grass areas such as those on golf courses, playgrounds, and recreational fields (credited up to ten (10) percent of the required open space) and M. Other conservation-oriented uses compatible with the purposes of this Addendum. A1114.4 OPEN SPACE PROTECTION HIERARCHY for CDD In developing open space areas to meet the requirements specified above, preference shall be given to land, not necessarily undisturbed, which either retains or has been substantially restored to its original natural or native character. The areas to be preserved shall be identified on a site-specific basis in an effort to conserve and provide the best opportunities to restore and enlarge the best quality natural features of each particular site. The following is a list of different types of open space areas that identifies various levels of quality, from highest to lowest. Written documentation regarding areas for open space protection must be submitted to the Staff Plat Review Committee for approval at the sketch plan stage. Approval will be based upon the proposed development's ability to preserve significant portions of open space at the highest quality levels possible. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 14 of 47 A. Intact natural communities, known habitats of rare and endangered species, natural and restored wetlands, prairies, savannas and woodlands, environmental corridors, significant historic and archaeological properties and areas with steep slopes. B. Natural landscaped areas created to provide plant and wildlife habitat and open space amenities. C. Areas providing little habitat but providing a viewshed, recreation or a sense of open space. Areas counted toward open space requirements shall not include parkways, landscape islands, sign easements, berms or similar isolated features. In addition, required yards, roads, driveways and rights-of-way shall also not count towards fulfilling open space requirements. Yard areas on individual lots shall not be considered fulfilling open space unless designated on a recorded final plat of subdivision as deed restricted open space. A1115 OPEN SPACE STANDARDS for CDD A1115.1 Open space conservation goals and objectives shall be identified at the time of initial sketch plan application shall be based on the natural resource features of the development site and may include, but are not limited to: A. Groundwater recharge protection, B. Woodland stewardship, C. Water quality preservation and enhancement, D. Native landscape restoration and preservation, E. Natural habitat restoration, F. Viewshed preservation, G. Archeological and historical preservation. A1115.2 Conservation developments shall preserve, restore and/or create environmentally sensitive areas, as identified above, and shall include plans and the means to restore, manage and maintain such areas. More specifically, created natural landscapes shall meet all required performance criteria that require only routine ecologic management in the future. Where feasible, degraded remnant natural areas shall be restored to a natural state that will require only routine ecologic management in the form of controlled burns and weed vigilance to maintain that state. Feasibility shall be determined considering the relative quality of the remnant, degree of difficulty involved in returning it to a natural state, and the likelihood of meeting designated performance criteria. If the site contains highly degraded extant wetland communities where the likelihood of restoration success is uncertain, the subdivider may propose alternative plant monitoring and performance criteria. Examples of the latter include large stands of reed canary grass or ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 15 of 47 cattails that dominate the wetland community. A1115.3 The development layout shall take into consideration how abutting land with significant natural areas and resources will impact or be impacted by the development. Natural areas on adjacent properties shall be buffered with open space and existing wildlife corridors and sensitive ecosystems shall be preserved and enhanced. Refer to Section Al 108.2.B. A1115.4 Open space shall be preserved as large contiguous areas to optimize habitat conservation, minimize fragmentation and facilitate efficient ecologic management. A1115.5 The open space network shall be designed to facilitate easy access from all streets and neighborhoods within the development. Open space shall be interconnected with greenways and if applicable, trail systems both within the development site and connecting to adjacent subdivisions and to local and regional trails. A1115.6 Open space shall be dedicated as "common open space" to be jointly owned by a qualified conservation agency or organization or the homeowners or property owners association. Where the subdivider determines that common open space is not practical, a portion of the required open space may be dedicated as Deed Restricted Open Space (DROS) occurring on individual platted lots. DROS shall not be used for detention areas or required buffers, which shall always be designated "common open space." Where DROS is utilized, it shall be managed and maintained in a manner consistent with all the requirements for common open space of this Addendum. A1115.7 Re-use of recognized historical buildings and structures is encouraged. A1115.8 Designated open space areas shall not be enclosed with man-made fencing, with the exception of areas containing natural or cultural features that may require special protection and exclusions for equestrian facilities and trails. A1115.9 Open space areas shall be maintained in perpetuity and shall not be improved with any buildings, structures or other development unless approved by the County and where such buildings or structures will not negatively impact the natural and open space areas. Exceptions include, but are not limited to, simple shelters, viewing stands, interpretive signs, subdivision entrance signs (in designated sign easement areas*) and benches given that said exceptions are compatible with open space uses and that applicable permits are obtained from the County for any and all applicable structures. This restriction shall run with the land and be binding on future owners, successors and assigns of the grantee. *Note: A sign easement may be located in an open space area, however areas dedicated for sign easements shall not be included in the calculation of required open space. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 16 of 47 A1116 OPEN SPACE PROHIBITIONS for CDD A1116.1 Open space uses and disturbances that conflict with the stated conservation purposes of this Addendum are prohibited. Prohibitions shall be identified in, and enforced through, the subdivision covenants. These include, but are not limited to: A. Dumping of grass clippings, yard waste, debris or other objectionable material; B. Storage of material, vehicles, etc. C. Removal of native vegetation or trees, except as identified in the approved Stewardship Plan; D. Introduction of exotic plant species; E. Manipulation or alteration of natural water courses or wetlands, except to enhance natural conditions as identified in the approved Stewardship Plan or as required under the Stormwater Management Ordinance; F. Filling, grading, drilling, or removal of soil or other natural materials except as otherwise allowed in Section 1114.3.1; and G. Dredging, except as outlined in an approved Stewardship Plan. A1117 OPEN SPACE OWNERSHIP and FUNDING REQUIREMENTS for CDD A1117.1 OWNERSHIP OPTIONS A. The ultimate owner of open space, as well as the entity responsible for maintaining it, shall be identified and shall be made part of the Covenants and Restrictions for the CDD. Ownership options for open space include qualified public or private land conservation organizations B. Alternatively, ownership of common open space may reside with the homeowners/property owners association. Membership in the HOA/POA shall be mandatory and automatic for all lot and parcel owners and their successors. The association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining open space and any facilities located thereon shall be borne by the subdivider until eighty (80) percent of the lots are sold and ownership shall then be passed to a public agency, a not-for-profit entity whose primary purpose is the preservation and maintenance of open space or to the homeowners/property owners association. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 17 of 47 In the event the not-for-profit entity or the homeowners/property owners association ceases to exist, the responsibility for maintaining the open space and any facilities located thereon shall be borne by all lot and parcel owners and their successors. A1117.2 BINDING LEGAL INSTRUMENT REQUIRED A. Dedicated open space shall be protected in perpetuity by a binding conservation easement or similar binding legal instrument recorded with the McHenry County Recorder and granted in favor of one or more of the following entities, which entities shall be responsible for all maintenance, control, and insurance of common areas, including dedicated open space areas: 1. A public agency with demonstrated expertise in open space management is the preferred option. Such agency may, but is not required to, accept dedication in the form of fee simple ownership of the designated open space area(s) provided it has access to and agrees to maintain such areas. 2. A not-for-profit entity whose primary purpose is the preservation and maintenance of conservation areas and natural resources also a preferred option. Such open space areas shall be established in the form of conservation easements. 3. A homeowners or property owners association is an acceptable option if it is not practical or appropriate based on correspondence from public agencies and not-for-profits to make arrangements for options 1 or 2, as stated above. A1117.3 FUNDING REQUIREMENTS for CCD In addition to funding requirements as required in the McHenry County Subdivision Ordinance, the following shall also apply for Conservation Design Developments: A. The cost estimates for natural landscaping and ecological restoration activities shall be prepared by a county-approved specialist and be submitted with infrastructure and stormwater estimates. The amount of the performance bond(s) or letter(s) of credit furnished by the subdivider shall be in the amount of one-hundred fifty (150) percent of the estimated cost of the work and materials required for these activities. This shall be a separate bond from that furnished for road but may be combined with the cost estimate for stormwater work. B. Partial reductions of the performance bonds and/or letters of credit may be granted as performance criteria are met. However, final approval and release of performance bonds and/or letters of credit shall not occur until a ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 18 of 47 final inspection by the County verifies that all initial performance criteria have been met. Upon this verification, the County shall allow the areas to be placed under the control of an approved conservation organization or homeowners/property owners association to implement long-term management. In the event that conditions of performance criteria cannot be met, an alternative plan shall be prepared and submitted to the County for approval. Refer to the appropriate sections of this Ordinance for additional information regarding bonds and letters of credit. C. Secure and permanent funding arrangements shall be established for the long-term management and maintenance of common open space, deed- restricted open space, and stormwater facilities once said responsibilities are turned over to a conservation entity or the homeowners/property owners association. Said funding arrangements shall be noted and made part of the Covenants and Restrictions. D. A back-up special service area (SSA) shall be established and detailed in the Covenants and Restrictions for the CDD in order to provide funds necessary to support the maintenance and upkeep of land set aside as open space and stormwater management areas. Such requirements shall be a condition of the final plat and shall give the McHenry County Board the ability to levy an ad valorem special tax against all taxable property within the proposed SSA in order to fund necessary maintenance and other associated costs. Subdivider shall submit to the SPRC a fully-executed SSA Application. See attached appendix. A1117.4 BACK-UP SPECIAL SERVICE AREA for CDD A. Upon receipt of the application for a SSA Application, Planning and Development staff shall submit a proposing ordinance to the McHenry County Board for its consideration. B. In the event the McHenry County Board adopts the proposing ordinance, an SSA Hearing shall be held pursuant to Section 35 of the Special Service Area Tax Law. C. The McHenry County Board shall consider and vote upon the establishment of the SSA. Concurrently, the current owner(s) of the subject property, if different than the subdivider, shall be required to record a "Declaration of Consent", agreeing to the establishment of the SSA with the County Recorder of Deeds. The terms of the Declaration of Consent shall run with the land and be binding on all future owners of the property within the CDD. D. Lastly, the current owner(s) of the property in question, if different than the subdivider, shall sign and have notarized an "Affidavit of No Objection" waiving all rights granted under 35 ILCS 200/27-35 to object to the establishment of the SSA. See attached appendix. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 19 of 47 A1117.5 VIOLATIONS, PENALITIES and CORRECTIVE ACTION A. VIOLATIONS If at any time the County determines that the open space management entity is in violation of the terms of this Addendum and/or Ordinance, the County shall give written notice of such violation and demand corrective action sufficient to cure the violation, and where necessary, restore the portion of the property so injured. If the open space management entity fails to cure the violation within thirty (30) days after receipt of notice thereof from the County, or, under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to commence or fails to continue to cure such violation until finally cured, the County may bring an action to enforce the terms of this Addendum and/or Ordinance and recover the costs of such corrective action from the property owner, condominium association, homeowners association, conservation organization or not-for-profit organization, or individual property owners, and may include administrative costs and penalties. B. PENALTIES Failure to comply with any requirements of this Addendum shall constitute a petty offense, and any person upon conviction thereof shall be fined not more than five-hundred (500) dollars for each offense. Each week a violation continues shall be considered a separate offense. The subdivider, not-for-profit entity or homeowners/property owners association, who commits, participates in, assists in, or maintains such violations may be found guilty of a separate offense and subject to the above penalties. The County may also take other lawful action as is necessary to prevent or remedy any violation, including but not limited to injunctive relief. C. CORRECTIVE ACTION If the County, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the open space or natural areas the County may pursue its remedies under this Addendum without prior notice to the open space management entity. Under such circumstances, the County may enter dedicated open space areas in order to take corrective action necessary to ensure compliance and the provisions of long-term management and stewardship. A maintenance easement shall be recorded on the final plat granting the County, its agents or assignees access to dedicated open space areas for the purpose of said corrective action. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 20 of 47 A1118 STEWARDSHIP PLAN for CDD A1118.1 STEWARDSHIP PLAN: OVERVIEW A Stewardship Plan shall be prepared by a County-approved specialist in the area of ecological restoration or natural landscaping. The plan shall be comprised of two parts; a short-term plan for the establishment, enhancement and restoration of natural areas, and a long-term plan for the maintenance and monitoring of natural areas in perpetuity. The plan shall be approved as part of the subdivision review process and recorded in the covenants for the subdivision. The plan shall be in textual form and shall include appropriate maps and/or graphic renderings that identify the various management units on the site. The plan shall provide specific details and methods regarding the preservation, re-establishment, maintenance, and management of open areas and natural resources in perpetuity on the subject site. It shall be in a format that is easily understood and shall identify the "who, what, when, and where" of specific tasks which must be completed in order to ensure the viability of current and future resources on the site. A. The plan shall address and/or allocate: 1. The short-term enhancement and restoration of remnant natural areas and the establishment of new natural landscapes, 2. The long-term maintenance and monitoring of such areas, 3. The responsibility and guidelines for performing said tasks and shall include any necessary provisions for replacement costs and long-term capital improvements. B. In addition, the plan shall: 1. Serve as an educational resource for future residents and property owners, 2. Designate and map the ownership of natural features and dedicated open space, 3. Allocate responsibility and guidelines for the maintenance and operation of the dedicated open space and any facilities located thereon, including provisions for ongoing maintenance and long term capital improvements, 4. Estimate the cost for maintenance, inspection and operation of the dedicated open space areas for said work. The plan shall describe the means by which such funding will be obtained or provided and require agencies, private firms, etc. contracted to perform said work, to submit a valid certificate of insurance, 5. Provide that the plan shall not be changed without the approval of the County and describe how the plan will be enforced. C. The Stewardship Plan shall include performance standards for all natural open space areas and naturalized stormwater management facilities and buffers. The performance standards shall identify proposed methods for ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 21 of 47 establishing the areas and shall require monitoring and maintenance for at least three full growing seasons following initial enhancement, restoration, and planting, or until initial performance standards have been met. The purpose of establishing and ensuring compliance with performance standards is to ensure that the overall design intent for these areas is achieved and maintained. The design intent for such areas is to provide an aesthetic, healthy, diverse community of native vegetation to meet the objectives of soil stabilization, water quality improvement, and wildlife habitat. Minimum performance standards for restoration, planting, maintenance, and monitoring of natural open space and naturalized stormwater facilities are detailed below. Under circumstances where the minimum performance standards cannot be achieved, alternative performance standards must be presented to and approved through the development review process. D. Beyond the initial establishment and restoration period, regular maintenance and management shall be performed in perpetuity to continue to meet the performance criteria and to enhance natural ecologic conditions over time. A1118.2 STEWARDSHIP PLAN: PURPOSE The purpose of these standards is to ensure that the overall design intent for naturalized open space areas including wetlands, prairies, woodlands, savannas, naturalized detention basins, drainage swales, and buffers, is achieved and maintained, particularly during the initial restoration and plant establishment phase. Such areas are intended to provide an aesthetic, healthy, diverse community of native vegetation to meet the objectives of wildlife habitat, soil stabilization, groundwater recharge and water quality protection. This is accomplished by complying with the following requirements: A. The development and implementation of a Stewardship Plan, B. Routine monitoring of planting success, C. Follow-up repair, re-seeding, and/or replanting to meet performance criteria, D. Preparation of required reports summarizing monitoring data, documenting maintenance and remedial activities in comparison to stated performance criteria, E. Preparation of a long-term monitoring and management schedule to maintain the areas in perpetuity, F. Sign-off and acceptance of initial restoration and planting and at the end of a three-year monitoring and management period. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 22 of 47 Note: The establishment of native vegetation communities shall be carefully planned and executed to ensure long term success. Restoration and native planting efforts should be considered on an equal basis with other major infrastructure improvements of a development, such as roads, utilities and building standards. Without performance standards, open space restoration and native plant establishment has the potential to fail, leaving future home owner/property owner associations or the County with major management problems that they may not have the expertise or resources to address. Therefore, it is important to provide reasonable performance standards to regulate the planning, establishment, and monitoring success of restoration and native plantings within developments. A1118.3 STEWARDSHIP PLAN: SHORT-TERM LANDSCAPE RESTORATION and PLANTING SCHEDULE A site specific restoration and planting schedule shall be submitted to the County with required site or final engineering plans. The plan shall be prepared by a qualified professional in the field of ecological restoration and/or natural landscaping. Said professional shall prepare a cost estimate to be used to calculate the amount of the required bond and/or letter of credit. At a minimum the plan shall include: A. A map drawn to scale depicting all proposed restoration and planting areas. Identification of proposed management units based on remnant natural areas, soil types, topography, hydrology and pre-settlement vegetation. Management unit mapping shall also show the overall layout of the development to demonstrate that naturalized areas are adequately set-back from homes and other infrastructure so that the potential for fire hazards during controlled or accidental burns is reduced. Where applicable, fire breaks, including those in the form of mowed paths, should also be identified. Note: Aggressive native tree species to be removed shall be noted. Refer to Section Al 119.3. B. A list of all plants, seeds, and/or plugs to be used within each management unit. All plantings shall consist of species native to McHenry County, of a local genotype and appropriate for the proposed habitat. The number of plants and plugs to be used and the amount/weight of seed per species shall also be included, along with seeding rates per acre for each species. C. For existing wetland, prairie, savanna, and woodland communities, a schedule of management and enhancement activities for areas proposed for restoration. This schedule shall address methods of weed and brush removal, including herbicide, cutting and hand pulling; replanting necessary to restore native plant diversity and where appropriate, sediment removal, re-grading, stabilization and related measures necessary to restore degraded wetlands and aquatic systems. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 23 of 47 D. A three (3) year management schedule which includes proposed timing and description of the following: site preparation, application of herbicides, seeding activity, mowing, controlled burns, and similar activities. Areas being restored to native communities should be protected by silt fencing or construction fencing to prevent unnecessary disruption or destruction due to nearby construction activity. A1118.4 STEWARDSHIP PLAN: SHORT-TERM LANDSCAPE RESTORATION and PLANTING SCHEDULE PREFERRED CRITERA The success of natural landscaping can be affected by the appropriateness of the plant species selected, the effectiveness of the grading and seedbed preparation, the quality of the seed and plant material used, the timing of the planting, and attention to early maintenance. With upland prairie, savanna, and woodland restoration or establishment, it generally is appropriate to leave soils undisturbed since mass grading will result in compacted soils and may lead to serious weed problems. Whenever possible, land shall remain undisturbed until prairie seeding can be accomplished. This will contribute to the success of the native landscape by preventing the establishment of weeds and minimizing the corruption of the seed bank. The success of the project will be formally evaluated by the following vegetation performance standards monitored over time. See Appendix TBD "Suggested References for Restoration and Natural Landscaping of Conservation Design Developments" for a list of references. A. In order to; ensure adequate diversity of plants, to respond to varying environmental and hydrologic conditions, ensure the establishment of native landscapes that are functional, aesthetic, and cost-effective, and provide reasonable variety to meet aesthetic expectations: 1. A minimum of ten (10) species of native plants shall be established within any naturalized stormwater facility, such as naturalized detention basins or swales 2. A minimum of forty (40) species of native plants shall be established in any upland landscapes. B. By the end of the first full growing season, planted areas should have ninety (90) percent vegetation cover and no area greater than one (1.0) meter square shall be devoid of vegetation. A cover crop of annual rye or oats may be used to help achieve this goal. At least seventy-five (75) percent of the plugs, root stock, and tubers, and fifty (50) percent of the seeded species should be present and alive. If an area is designed as an aquatic or emergent system, it is anticipated that portions of the submerged area will be periodically exposed and without vegetation cover due to fluctuating water levels. If, by the end of the first full growing season, the basin emergent zones and/or side slopes fail to support the establishment of ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 24 of 47 sufficient vegetation, then corrective measures regarding the fundamental design of the area and/or planting plan shall be required. C. During the second growing season at least sixty (60) percent of the permanent species planted in seed form should be evident. Ninety (90) percent or more of species planted as plugs, root stock, and tubers, shall also have persisted into the second season. If this fails to occur, a determination must be made as to why and remedial action shall be necessary. Remediation may include overseeding and/or plugging of appropriate species. Finally, undesirable, invasive plant species shall not be prevalent in any of the management units. No invasive, weedy species, including any of the following, shall be among the five most dominant plant species in the overall vegetative cover. 1. Reed canary grass (Phalaris arundinacea) 2. Common reed (Phragmites australis) 3. Purple loosestrife (Lythrum salicaria) 4. Non-native thistle (Cirsium spp., Carduus spp.) 5. Sweet clover (Melilotus spp.) 6. Crown vetch (Coronilla varia) 7. Wild parsnip (Pastinaca sativa) 8. Burdock (Arctium spp.) 9. Garlic mustard (Alliaria petiolata) 10. Teasel (Dipsacus spp.) 11. Ragweed (Ambrosia spp.) 12. Kentucky bluegrass (Poa pratensis) 13. Buckthorn (Rhamnus spp.) 14. Sandbar willow (Salix interior) 15. Honeysuckle (Lonicera spp.) 16. Multiflora rose (Rosa multiflora) 17. Box elder (Acer negundo) A more complete listing of common invasive species is found in the Illinois Nature Preserve Management Guidelines: http://dnr.state.i1.us/INPC/Management quidelines.htm D. At the end of the third full growing season, at least seventy-five (75) percent of the seeded permanent species and ninety (90) percent or more of species planted as plugs, root stock, and tubers are expected to be established. Alternatively, native perennial species that volunteer on the site, excluding undesirable invasive species, may also be counted in determining the preceding criteria. Qualitative vegetative sampling within each management area shall achieve the following to be determined a success and a mean "Coefficient of Conservatism" shall meet or exceed three (3) and the "Floristic Quality Index" shall meet or exceed twenty (20), except in designated stormwater management facilities. Plants of the Chicago Region, F. Swink ad G. Wilhelm ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 25 of 47 E. The five (5) most dominant species of the overall vegetative cover within each management unit shall not include any of the undesirable species referenced above under the second season performance standards. If the identified level of species development fails to occur, a determination must be made as to why, and a remedial action plan must be prepared and submitted to the County for approval. The approved remedial plan must be implemented and continued monitoring shall be required beyond the third growing season until these performance criteria are met. Where the minimum performance standards cannot be achieved, a written explanation and alternative performance standards must be submitted for consideration by the County. A1118.5 PROFESSIONAL LAND and PROPERTY MANAGEMENT A. Regarding both the short- and long-term management responsibilities for open space and natural areas, a management entity with demonstrated experience and qualifications in natural land management and ecologic stewardship shall be chosen from a list approved by the County. Such entity may be a public or not-for-profit conservation agency as identified under Section A1117. Alternatively, the entity may be a professional natural land management specialist or company. B. In identifying the institutional arrangements for the management entity, the Stewardship Plan shall address responsibilities for each of the following institutional provisions. These provisions shall be in place prior to any turn-over of the property from the subdivider to the HOA/POA or other management entity. 1. Enforcement of Covenants, Conditions and Restrictions (CCRs) and the Stewardship Plan, 2. Proper budgeting and managing finances for HOA/POA or easement holders, 3. Collection of dues and/or fees, 4. Filing of required reports and taxes, 5. Education and communication with residents, 6. Insurance and risk management, 7. Maintenance of proper reserves and 8. Outsourcing. A1118.6 STEWARDSHIP PLAN: SHORT-TERM PLANT MONITORING REQUIREMENTS The following tasks shall be performed within each management unit identified in the landscape/planting plan during the first three (3) years: A. Plant inventory of all naturally landscaped areas: This inventory shall determine overall vegetative cover, the total number of species, and the prevalence of undesirable/invasive species, consistent with specified performance criteria. This inventory is used to ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 26 of 47 determine where follow-up seeding or planting is needed and to identify, locate and remove undesirable "weedy" species on a timely basis. Permanent transect vegetation sampling techniques should be used within each management unit to adequately document and monitor plant community establishment over the initial (3) three year period. The presence of any plant species observed outside of a transect and not documented by sampling along such transect shall also be noted. Sampling techniques and summaries shall be compiled consistent with methods described in Plants of the Chicago Region by Floyd Swink and Gerould Wilhelm, 1994. B. Establishment of permanent photographic monitoring locations: Photographs shall be taken to document the establishment of vegetative cover, erosion problems, and other relevant maintenance concerns within each management unit identified in the landscape/planting plan. Photographs must be of satisfactory quality and resolution to accomplish the intent of the performance standards and shall be taken from the same locations during each monitoring event. A detailed description of the camera/photo location based on distance from a permanent structure, the orientation of the photo, and the vegetation zone being photographed shall be provided. Additional photos should be taken of problem areas and remedial activities. C. Monitoring and reporting consistent with Section A1118.8 is required annually for a minimum of three (3)full growing seasons during and following restoration and planting. Under circumstances where the minimum performance standards cannot be achieved, alternative performance standards must be presented to the County for review and approval. A1118.7 STEWARDSHIP PLAN: LONG-TERM MONITORING and MANAGEMENT A. Long-term monitoring, consistent with the criteria specified in Section A1118.8, shall be performed on a biennial basis, in perpetuity. Monitoring reports shall be submitted to the County for review and approval. B. Continued ecological management shall be provided to maintain a diverse native plant community, consistent with performance criteria, to minimize the proliferation of weeds and undesired woody vegetation, and to prevent erosion. At a minimum, the site shall continue to meet the vegetation performance standards of the third season, as specified above, with regard to erosion control, vegetation coverage, species diversity, and control of invasive species. Long-term maintenance shall consist of controlled burning, generally every one to three years or as dictated by site conditions. To maintain the established native plant communities, spot control and application of herbicides shall be performed, as necessary. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 27 of 47 C. Long-term maintenance shall include the removal of trash or debris and the removal of obstructions from detention basin outlet structures. Periodic removal of accumulated sediment from swales, forebays and settling basins shall be done to maintain the function and aesthetics of stormwater facilities. At a minimum, sediment shall be removed from forebays and sediment basins when one (1) or more feet of sediment has accumulated. A1118.8 STEWARDSHIP PLAN: REPORTING REQUIREMENTS Monitoring reports, due on February 1 for each required reporting year, shall be submitted in a digital format to the County and shall include the following: A. A summary of vegetation data collected within each management unit, including an assessment of compliance with performance criteria. B. A description of vegetation maintenance activities, including overseeding, replanting, control of undesirable "weedy" species and an assessment of their effectiveness in meeting performance criteria. Refer to Section Al 118.4. C. Photographs and accompanying descriptions taken at permanent monitoring stations. D. A summary of maintenance activities, including the landscape maintenance budgets, for both the current year and the coming year. A1119 TREE PROTECTION for CDD A1119.1 PURPOSE While allowing for reasonable development of land within the County, it is the stated public policy of the County to add to the native tree population where possible and to maintain, to the greatest extent possible, existing native trees within the County. In particular, it is the County's policy to preserve and restore remnant woodlands, particularly oak-hickory savannas and woodlands that define the historical landscape of much of the County. The preservation of existing trees and the planting of additional trees are intended to accomplish, the following objectives: A. To preserve trees as an important public resource enhancing the quality of life and the general welfare of the County, B. To conserve and enhance the County's unique character and physical, historical, and aesthetic environment, ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 28 of 47 C. To encourage the protection of healthy trees and provide for the replacement and/or replanting of trees removed during construction, development or redevelopment, D. To prevent clear cutting of native trees and to minimize mass grading, E. To aid in the reduction of air pollution through the transformation of carbon dioxide, the generation of oxygen, and the precipitation of dust and other airborne pollutants, F. To reduce noise pollution through the barrier effect of trees on the spread of noise, G. To reduce topsoil erosion through the soil retention effect of tree roots, H. To reduce energy consumption through the natural windbreak and shade producing functions of trees, I. To preserve and enhance nesting areas for birds, insects, and other wildlife that are essential to the maintenance of the food chain and that help control and eliminate disease-carrying mosquitoes, J. To reduce storm water runoff and replenish ground water supplies; and K. To protect and increase property values. A1119.2 SUBMITTALS and STANDARDS for TREE PROTECTION for CDD A. As part of the tentative plat submittal, the subdivider shall submit a tree survey, as defined below, and a tree preservation proposal prepared by a qualified arborist, forester, or similarly qualified professional in the field of natural resources that is acceptable to the County. Failure to submit these items shall be a valid reason to withhold acceptance of the tentative plat by the Staff Plat Review Committee. 1. The survey shall consist of a scaled drawing that shows the location of all desirable native tree species listed in Section Al 119.3.D having a diameter at breast height (DBH) of four (4) or more inches. The inventory also shall include all other existing trees with a DBH of eight (8) or more inches, excluding prohibited tree species listed in Section A1119.3.F. In the case of a multi-stemmed tree, the diameter of the clump taken as a whole shall be used. The survey shall include, at a minimum, an inventory listing individual trees by tag number, the tree species by common name and scientific name, size (DBH), condition, and any observed problems. 2. The survey shall also include a tree count of desirable native tree species listed in Section Al 119.3.D having a diameter at breast height ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 29 of 47 (DBH) of between two (2) and four (4) inches. The relative locations of groupings of these trees shall be identified on a site map. 3. Where trees are located in a permanently dedicated conservation easement or protected through deed restriction and will be free from any grading activity, identification of individual trees is not required. B. Where mass removal or clear cutting of desirable native trees has occurred within a one (1) year period prior to the submission of a Conservation Design Development Sketch Plan, the Staff Plat Review Committee shall not accept nor review said proposed subdivision for a period of one (1) additional year [from submission date] without prior consent from the Planning and Development Committee of the County Board. Where individual trees or stands of trees are removed without cause on property proposed for subdivision development, the County may require that the area containing the removed trees or stands of trees be replanted and that said area be dedicated as and made subject to a tree preservation easement, maintained in perpetuity as open space. C. During development and construction activity, all reasonable steps shall be taken to prevent damage to or destruction of protected trees, woodlands and savannas. These steps shall include: 1. Soils shall not be removed, compacted, or otherwise disturbed within the critical root zone. 2. A protective fence approved by the County shall be erected around the critical root zone of any protected tree or woodland area. Signage shall be affixed to said fence indicating the presence of the critical root zone and a protected area. 3. All desirable trees on property adjacent to the subject site and within ten (10)feet of the site's property line or have a critical root zone extending into the subject site, shall be protected from unreasonable damage by the use of acceptable tree protection measures. 4. Mass cuts and mass grading are discouraged to minimize disturbance of woodland areas. 5. Boring shall be used to install any underground utilities in tree areas, where feasible. 6. The subdivider shall ensure that all applicable subcontractors are trained in proper tree protection. 7. No excess soil, additional fill, equipment, trailers, liquids or construction debris shall be placed within the identified critical root zone of any tree that is to remain at its original location. 8. Only protective non-damaging devices or attachments shall be attached to any tree during construction. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 30 of 47 A1119.3 TREE REPLACEMENT for CDD Invasive trees and shrubs such as common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula) and honeysuckle (Lonicera ) and other exotic species are commonly removed as part of good forestry practices and ecological restoration activities and therefore are not treated or acknowledged as protected tree species. Further, aggressive native trees such as box elder (Acer negundo) and black cherry (Prunus serotina) are sometimes removed as part of ecologic restoration projects in oak-hickory savannas and woods. A list of trees that do not require replacement nor be used as replacements for desirable trees is found in Section Al 119.3.F. Proposals to remove such trees shall be identified in the Stewardship Plan and submitted to the County for review and approval. A. Any protected tree removed pursuant to County approval shall be replaced on an inch-diameter basis as provided for below: Number of replacement trees required Diameter at Breast Height as measured in diameter at breast height of Removed Tree 1.5" 2" 2.5" -or- -or- trees trees trees 6 inches 4 3 3 7-8 inches 6 4 3 9- 10 inches 7 5 4 11 - 12 inches 8 6 5 13 -25 inches n/a 12 10 26 or more inches n/a 15 12 B. Tree replacement shall be exercised to the greatest extent possible. When a high density of trees is not appropriate or the full replacement of trees on-site would result in the unreasonable crowding of trees, appropriate reductions in the tree replacement amount shall be allowed. If available, a fee in lieu of payment for tree replacement and ecological restoration may be approved by the County. C. A tree replacement plan shall be prepared by a qualified arborist, forester, or similarly qualified professional in the field of natural resources, and familiar with the native ecosystems of the Chicago Region, that is acceptable to the County. The tree replacement plan shall depict the location and corresponding elevation of each replacement tree and each ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 31 of 47 preserved tree. Corresponding text shall state the species and diameter of each tree with a description of the proposed management strategy to ensure its health and survival on the property. D. Replacement trees with local genotypes (from a 250 mile radius) shall be used. All trees shall be high quality, installed free of disease and in a manner that ensures the availability of sufficient soil and water to sustain healthy growth. Unless otherwise approved by the County, replacement trees shall be selected from the following native species: DESIRABLE NATIVE TREE SPECIES Acer nigrum Black Maple Acer saccharum Sugar Maple Carpinus caroliniana American Hornbeam Carya cordiformis Bitternut Hickory Carya ovata Shagbark Hickory Celtis occidentalis Hackberry added Ostrya virginiana American Hophornbeam Quercus alba White Oak Quercus coccinea Scarlet Oak Quercus ellipsoidalis Hill's Oak Quercus macrocarpa Bur Oak Quercus rubra Red Oak Quercus velutina Black Oak Tilia americana American Linden DESIRABLE NATIVE SHRUB SPECIES* Prunus Americana Wild Plum Corylus americana Hazelnut Malus ioensis Prairie Crab Viburnum dentatum Downy Arrowood Amelanchier arborea Serviceberry Amorpha canescens Lead plant Ceanothus americanus New jersey tea Corylus Americana Hazelnut ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 32 of 47 DESIRABLE NATIVE SHRUB SPECIES* (continued) Crataegus mollis Downy hawthorn Lonicera prolifera Iowa crab Malus ioensis Ironwood Physocarpus opulifolius Ninebark Prunus virginiana Choke cherry Ribes americanum Wild black currant Ribes missoriense Wild gooseberry Salix humilis Prairie willow Viburnum acerifolium Maple leaved viburnum Viburnum prunifolium Black haw viburnum Viburnum rafinesquianum Downy arrowood viburnum Xanthoxylum americanum Prickly ash viburnum * Note: No species of evergreens shall be allowed as suitable options to meet tree replacement requirements. E. Consistent with good forestry and ecological practices, replacement trees shall be of either equivalent or a superior quality of species. For example, a softwood tree may be replaced with a hardwood tree, but an inferior species shall not be substituted for a superior species. In order to preserve and enhance the oak-hickory forest native to McHenry County, oak and hickory trees must be replaced in kind with native oak and hickory species. F. The following trees shall not be used to satisfy the requirements of these tree standards: PROHIBITED TREE SPECIES Acer negundo Box Elder Acer plantanoides Norway Maple Acer saccharinum Silver Maple Ailanthus altissima Tree of Heaven Elaeagnus angustifolia Russian Olive Elaeagnus umbellate Autumn Olive Fraxinus species Ash species Gleditsia triacanthos Honey Locust ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 33 of 47 PROHIBITED TREE SPECIES (continued) Juniperus virginiana Red Cedar Populus species Poplar species Rhamnus cathartica Common buckthorn Rhamnus fragula Glossy buckthorn Robina pseudoacacia Black locust Taxodium distichum Bald Cypress Thuja occidentalis Arbor vitae Ulmus pumila Siberian elm A1119.4 EXCEPTIONS REGARDING TREE REPLACEMENT REQUIREMENTS A. Emergencies involving, but not limited to tornados, windstorms, floods, freezes or other natural disasters. B. Trees which have become, or immediately threaten to become, a hazard to persons, property or other vegetation and require immediate removal or destruction. C. Diseased, dead or dying trees as confirmed by an arborist, forester, or a qualified professional in the field of natural resources. D. All active orchards and state or government approved tree farms shall be exempt from the terms and provisions of this Addendum, but only in relation to those trees which are planted and growing for the sale or intended sale to the general public in the ordinary course of business or for a public purpose. E. Invasive species such as common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula) and honeysuckle (Lonicera sp.), which are commonly removed as part of good forestry practices and ecological restoration, are not protected tree species. F. The subdivider shall not be required to replace trees removed at the request of a government entity required to consent to the plat. When any such government entity conditions the approval of the plat upon removal of certain trees, then the additional tree removal is exempt from the replacement calculations of this Addendum. Note: Final approval and release of improvement guarantees shall not occur until a final inspection by the County confirms that the conditions of Section A1119.2 have been met. In the event that conditions cannot be ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 34 of 47 met, an alternative proposal shall be prepared. If available, a fee-in-lieu of payment to be determined by the County may be used to meet the objectives of this section. A1120 OUTDOOR LIGHTING STANDARDS for CDD Except as required in this section, lighting shall otherwise conform to the existing standards in the McHenry County Zoning Ordinance. A1120.1 PURPOSE The purpose of this section is to improve the travel conditions for persons and vehicles on public ways by reducing glare, to reduce light trespass, to protect the general health, safety, and welfare of the public, to decrease the expense of lighting, to decrease light pollution, and to improve the aesthetics of the County, in general while providing adequate night-time safety, utility, and security. A1120.2 CDD LIGHTING STANDARDS for ALL ZONING DISTRICTS A. All lights shall be shielded in such a way as to direct all light toward the earth's surface and away from reflective surfaces. B. Light fixtures or lamps shall be shielded/shaded in such a manner as to direct incident rays away from all adjacent property. C. Lights on poles, excluding street lights, shall not be taller than the building whose area they illuminate nor taller than fifteen (15) feet whichever is shorter. D. Floodlighting may not be arranged so that the light will shine towards roadways, onto adjacent residential property or residential use property or into the night sky. Flood lighting shall not be directed onto portions of common or deed-restricted open space containing high quality natural areas or native landscaping designed to provide habitat for plants and animals. E. Any interior lighted signs may not be lit at night when any face of the sign is removed or damaged in such a way that the light may distract drivers or homeowners. A1120.3 CDD STANDARDS for BUSINESS, INDUSTRIAL and ANY ROADWAY ADJACENT to RESIDENTIAL/ESTATE ZONING DISTRICTS: A. Any luminaire on a pole, stand or mounted on a building must have a shield, an adjustable reflector and/or non-protruding diffuser. A1120.4 EXCEPTIONS to CDD LIGHTING STANDARDS A. Requests for an exception shall be made to the County and shall include, but not be limited to: a description of the lighting plan, a description of the ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 35 of 47 efforts that have been made to comply with the provisions of these regulations and the reasons such an exception is necessary. B. In reviewing a request for such exception, the McHenry County Board shall consider safety, design, and other related factors and shall consider the following: 1. If a lighting recommendation or regulation applies, the minimum/ maximum luminance specified by the recommendations or regulation is used. 2. If no lighting recommendation or regulation applies, the minimum luminance adequate for the intended purpose is used, giving full consideration to safety, energy conservation, glare, and minimizing light trespass. 3. For roadway lighting, a determination is made that the purpose of the lighting installation or replacement cannot be achieved by installation of reflective roadway markers, lines, warnings or informational signs, or other passive means. 4. Adequate consideration has been given to conserving energy and minimizing glare, light pollution, and light trespass. A1120.5 EXEMPTIONS to CDD LIGHTING STANDARDS Exemptions from the provisions of this section include the following: A. Federal or state laws, rules and regulations take precedence over these provisions. B. Fire, police, rescue, or repair personnel need light for temporary emergency situations. C. There are special requirements, such as sports facilities and monument or flag lighting; all such lighting shall be selected and installed to shield the lamp(s)from direct view to the greatest extent possible, and to minimize upward lighting and light trespass. D. A determination has been made by the County that there is a compelling safety interest that cannot be addressed by any other method. A1121 VARIATIONS from CDD REQUIREMENTS Provisions for variations in the McHenry County Zoning Ordinance shall apply except as noted below. The purpose of a variation for Conservation Design Developments is to provide relief from certain practical difficulties or hardships in carrying out the strict letter of CDD requirements. Requests for variations shall be made in writing and presented to the Staff Plat Review Committee. If the Staff Plat Review Committee determines a request is eligible for variation, it shall forward the request to the Planning and Development Committee to be decided. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 36 of 47 Al 121.1 Requests for variations from CDD requirements-must, at a minimum, include evidence and written documentation that demonstrate: A. The purpose of the variation is not based exclusively upon a desire to increase the monetary gain realized from the development. B. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. Note: Requested variations related specifically to onsite wastewater (Article X, McHenry County Public Health Ordinance) or private water wells (Article IX, McHenry County Public Health Ordinance) shall follow the process outlined in said ordinance. Al 122 APPEAL of a STAFF PLAT REVIEW COMMITTEE DETERMINATION If the SPRC determines that a variation(s) from CDD requirements is unwarranted, the subdivider may present his/her case directly to the Planning and Development Committee of the County Board. The Planning and Development Committee may reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination of the SPRC. Note: Appeals of decisions related specifically to onsite wastewater (Article X, McHenry County Public Health Ordinance) or private water wells (Article IX, McHenry County Public Health Ordinance) shall follow the process outlined in said ordinance. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 37 of 47 ATTACHED APPENDIX Suggested references for restoration and natural landscaping of Conservation Design Developments Illinois Nature Preserve Management Guidelines, Illinois Nature Preserves Commission. http://dnr.state.il.us/INPC/Management quidelines.htm Tallgrass Restoration Handbook, for Prairies, Savannas, and Woodlands, S. Packard and C. Mutel, Society for Ecological Restoration, 1997. Native Plant Guide for Streams and Stormwater Facilities in Northeastern Illinois, USDA Natural Resources Conservation Service, 2004. http://www.il.nrcs.usda.gov/technical/plants/npq/NPG-toc.html Natural Landscaping for Local Officials: Design and Management Guidelines, Northeastern Illinois Planning Commission, 2004. http://www.nipc.org/environment/sustainable/naturallandscaping/installation%2 Oand%20maintenance%20guide.pdf Plants of the Chicago Region, F. Swink and G. Wilhelm, the Morton Arboretum, Published by the Indiana Academy of Science, 1994. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 38 of 47 County of McHenry, Illinois Application for a Special Service Area for Long-Term Open Space and Stormwater Management Applicant: Name Company Address City, State, ZIP Phone Fax Email Legal Status of Applicant: Project Information: (Attach documentation as necessary) Name of CDD Special services to be provided Boundaries of proposed SSA (Insert legal description of subdivision) Parcel Identification Number(s) General Location of CDD Funding Information: Estimated amount of funding required Stated need and local support for proposed Special Service Area County of McHenry, Illinois ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 39 of 47 Application for a Special Service Area for Long-Term Open Space and Stormwater Management Page 2 of 2 Attach the following additional information: • Plan(s) for long-term management, operation and maintenance for open space areas and stormwater drainage system(s). • Description of funding sources for long-term plan(s). • Prepared affidavit for future owners to sign stating that there will be no objection to the SSA. (This criteria is only required if lots have been sold and transferred during the sixty (60) day wait period.) • Homeowners'/Property owners' Association Covenants and Restrictions (By- laws). • Accurate map of SSA boundary Additional information to be provided once available: • Copy of recorded plan(s)for long-term management, operation and maintenance of open space areas and stormwater drainage system(s). • Recorded certification of incorporation of the HOA/POA. (Signature of owner of record) (Date) (Signature of owner of record) (Date) (Signature of owner of record) (Date) (Signature of owner of record) (Date) For Office Use Only Subdivision Tracker Number: Date application was Date Proposing received: Ordinance prepared: Date of SPRC review: Date of Publication for Notice: Public Hearing date: Date Proposing Ordinance approved: Date sent to P&D End of 60 day wait Committee: period: Date Establishing Date establishing Ordinance approved: Ordinance recorded: ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 40 of 47 STATE of ILLINOIS COUNTY of McHENRY, ILLINOIS Affidavit of No Objection To the Establishment of a Special Service Area for Long-Term Open Space and Stormwater Management 1, (Insert name of owner of record) , under oath, state as follows: (Note: An Affidavit of No Objection is required for each owner of record.) am the current owner of the property located at (address of property) in (insert name of City) , Illinois, (insert township name) McHenry County, Illinois more fully described as: (Insert legal description and Parcel Identification Number) 2. In accordance with the McHenry County Subdivision Ordinance and the Stormwater Management Ordinance, the property will be improved with open space areas and a stormwater drainage system; and 3. The property owner is obligated to maintain the open space areas and stormwater drainage system with the property limits; and 4. McHenry County ordinances requires the establishment of a Special Service Area pursuant to 35 ILCS 200/27-5, et seq., as a back-up vehicle in the event the homeowners'/property owners' association fails to adequately carry out its duties of providing for the long-term maintenance of open space areas and stormwater drainage system; and 5. The County of McHenry, Illinois requires that this SSA be established over the entire property to provide for the long-term maintenance; and 6. The SSA is not yet established and requires the consent of all owners of record for property lying within the boundaries of the proposed SSA. 7. The undersigned hereby agrees and signs this affidavit to the fact, that I, _ (Insert name of owner of record) knowingly waive my statutory rights under 35 ILCS 200/27- 35 to object to the establishment of the proposed Special Service Area and the proposed levy of taxes. Date: Name: Address: Subscribed and Sworn to before me this day of 20_A.D. Notary Public: ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 41 of 47 ADDENDUM to ARTICLE TWO of the McHENRY COUNTY SUBDIVISION Conservation Design Development Definitions A.CDD1 Best management Land planning and engineered practices practices designed to reduce soil erosion, sediment (BMP): deposition and water quality impacts, to enhance the environmental quality of stormwater runoff. A.CDD2 Conservation areas Public or private lands that are preserved or managed to encourage native plant and animal communities. A.CDD3 Clear-cutting Removal of most or all native trees from a given tree grouping or tract of woodland or savanna versus the selective removal of individual trees for purposes of health or safety. A.CDD4 Clustering The grouping of lots on a portion of the available land, in order to preserve a significant amount of the site as protected open space. A.CDD5 Critical Root Zone The area at the base of a tree that extends out from the trunk to the drip line, or to a distance of 1.5 feet per inch DBH (Diameter at Breast Height), whichever is greater. A.CDD6 Declaration of Consent An affirmation in a form acceptable to the SPRC, executed by all record owners of a property within the CDD subdivision, agreeing to the establishment of the Special Service Area and to the levy of a special tax pursuant thereto for the purposes set forth herein and containing all other consents or representations required by the McHenry County Board. A.CDD7 Floodplain Any land area susceptible to being inundated by flood waters from any source during a flood having a one percent statistical probability of being equaled or exceeded in any given year. A.CDD8 Floodplain, Regulatory An area indicated as a Special Flood Hazard Area on the current effective Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA). Where FEMA has published a base flood ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 42 of 47 elevation, or where McHenry County has approved a base flood elevation according to Article V.G.1.of the McHenry County Stormwater Management Ordinance, the Regulatory Floodplain shall be the projection of this base flood elevation onto the best available topography A.CDD9 Hydric soil A soil that formed under conditions of saturation, flooding or ponding long enough during the growing season to develop anaerobic conditions in the upper part. A.CDD10 Land conservation A public or private organization having the organization statutory authority to hold conservation easements and/or own dedicated and/or deed- restricted open space areas, with a demonstrated capacity to manage and oversee such areas. A.CDD11 Landmark A property or structure designated as a "landmark" by ordinance of the McHenry County Board, pursuant to procedures prescribed the McHenry County Historic Preservation Ordinance, which is worthy of rehabilitation, restoration or preservation because of its historic, scenic or architectural significance. In addition, this landmark definition shall also include those properties or structures listed on the National Register of Historic Places A.CDD12 Native vegetation Vegetation that originally occurred in northeastern Illinois prior to arrival of European settlers. Native plant species are identified in Plants of the Chicago Region (Swink and Wilhelm, 1994). A.CDD13 Natural area Land and water that has substantially retained its natural character or land and water than, although altered in character, is important as habitats for plant, animal, or marine life, for the study of its natural, historical, scientific or paleontological features, or for the enjoyment of its natural features. A.CDD14 Natural groundwater The capacity of uncompacted soils to infiltrate recharge functions and filter precipitation and runoff water and ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 43 of 47 recharge underlying groundwater systems. A.CDD15 Natural Resources A division of the U.S. Department of Agriculture Conservation Service which provides technical assistance in soil- related matters to individuals, units of government, etc. through the local soil and Water Conservation District Office. A.CDD16 Open space Land or water unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots. Open space [common] shall be designated or reserved for public use and enjoyment; readily accessible by all for whom it is intended. Required yards shall not be considered open space [common] as defined herein. Common open space may contain walks, patios and structures for recreational use. A.CDD17 Prairie An extensive area of flat to hilly, predominantly treeless grassland. Prairies comprise those native plant communities that are dominated by a diversity of perennial forbs, or wildflowers, growing in a perennial graminoid, or grass-like, matrix which forms a dry flammable turf in autumn. A.CDD18 Proposing Ordinance An ordinance proposing the establishment of a Special Service Area which also sets forth a date and form of notice for the SSA Hearing. A.CDD19 Savanna Landscapes with between ten (10) and fifty (50) percent native tree canopy, commonly dominated by oak trees A.CDD20 Soil survey The document created by the USDA Natural Resources Conservation Service which records soil types with maps and describes soil characteristics. A.CDD21 Special Service Area A special service area established pursuant to (SSA) the Special Service Area Tax Law and Section 32-05-D hereof, providing for the levy of a special tax against a subdivision in the event that a homeowner/property owners' association fails to adequately carry out its duties as determined by the SPRC with respect to any open space of stormwater management areas. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 44 of 47 A.CDD22 SSA Application A submission requesting the establishment of a Special Service Area which has been executed by all record owners of the property within the CDD subdivision, applying for establishment of a Special Service Area, in the form provided by the SPRC which, at a minimum shall set forth: i. the name and legal status of the parties executing the SSA Application; ii. the nature of the special services to be provided; iii. the boundaries of the proposed SSA; iv. a representation that the proposed SSA forms a contiguous body located within unincorporated McHenry County; v. the estimated amount of funding required; vi. the maximum allowable annual special tax levy; vii. the stated need and local support for the proposed SSA; viii. a representation that all record owners of property within the proposed SSA and all electors within the proposed SSA consent to the establishment of the proposed SSA and waive any right to object to the establishment of the proposed SSA under the Special Service Area Tax Law. A.CDD23 SSA Hearing The public hearing established by the proposing ordinance and required pursuant to Section 35 of the Special Service Area Tax Law. A.CDD24 SSA Objection Period The time during which owners of record of property within the proposed SSA and electors residing within the proposed SSA may file a petition objecting to the formation of the proposed SSA pursuant to Section 55 of the Special Service Area Tax Law. A.CDD25 SSA Tax Law 35 ILCS 200/27-5, et seq, as amended from time to time. A.CDD26 Steep slopes Land slopes equal to or greater than twelve (12) percent. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 45 of 47 A.CDD27 Subdivider Any individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings to effect a subdivision of land for the owner of record or for another with consent of the owner of record. A.CDD28 Surface water Water that resides or flows in streams, rivers, natural lakes, constructed reservoirs and wetlands. A.CDD29 Vegetation analysis An identification and mapping of site vegetation conditions according to their natural ecological communities (e.g., prairies, savannas, woodlands and wetlands) and/or man-made state (e.g., old field, cropland, turf, etc.). For natural areas, a vegetation analysis also involves a concise, qualitative analysis of ecological quality. A.CDD30 Wetland A wetland is considered a subset of the definition of the Waters of the United States. Wetlands are land that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, under normal conditions, a prevalence of vegetation adapted for life in saturated soil conditions (known as hydrophytic vegetation). A wetland is identified based upon the three attributes: 1) hydrology, 2) soils and 3) vegetation as mandated by the current federal wetland determination methodology. A.CDD31 Wetland, Regulatory An area indicated as a wetland of any type or quality on the Advanced Identification of Aquatic Resources (ADID) maps produced by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers, or on the National Wetland Inventory maps produced by the U.S. Department of the Interior. Where the U.S. Army Corps of Engineers has approved a wetland delineation, or where McHenry County has approved a wetland delineation according to Article V.H.5. of the McHenry County Stormwater Management Ordinance, the Regulatory Wetland boundary shall be this approved delineation. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 46 of 47 A.CDD32 Wetland enhancement The improvement in wetland functional value of an area currently meeting the technical definition of a wetland. A.CDD33 Wetland restoration The re-introduction of wetlands to an area where wetlands existed historically (e.g., on drained hydric soils), but not prior to the mitigation activity. A.CDD34 Woodlands Landscapes with native tree canopy covering more than fifty (50) percent of the surface area. ADDENDUM to the McHenry County Subdivision Ordinance CONSERVATION DESIGN DEVELOPMENTS:STANDARDS and PROCEDURES Adopted 15 September 2009 Page 47 of 47 Ordinance No. 06-051 Date: July 25, 2006 AN ORDINANCE CREATING THE RESIDENTIAL CONSERVATION OVERLAY DISTRICT IN THE VILLAGE OF HOMER GLEN WHEREAS, the Village Board has determined it to be in the best interests of the Village to promote the health, safety and welfare of the community by encouraging environmentally responsible development through the application of flexible land development techniques while protecting for the property owner development rights that would otherwise be available under conventional zoning for the property; and WHEREAS, the Village Board has determined that the implementation of conservation design standards and procedures within the Village will encourage more efficient use of land and public services through unified development that will protect biodiversity, encourage development which conforms to the Village's Comprehensive Plan and goals relating to the preservation of Open Space, conserve community resources, preserve natural areas, and protect health, safety and welfare of the community; and WHEREAS, the Village Board has determined it to be in the best interests of the Village to create a Residential Conservation Overlay District and adopt the conservation design standards and procedures set forth herein to maximize the achievement of the foregoing objectives in addition to the following purposes: A. To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land; B. To preserve unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes,woodlands and wildlife habitat; C. To preserve important historic and archaeological sites; D. To permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development; E. To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development; F. To promote interconnected greenways and corridors throughout the community; G. To promote contiguous greenspace with adjacent jurisdictions; H. To encourage street designs that reduce traffic speeds and reduce the number of access points on main arteries; 1 I. To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities and businesses; and J. To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of Open Space. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF HOMER GLEN, WILL COUNTY, ILLINOIS, THAT: Section 1: Recitals — The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein. Section 2: Creation — There is hereby created the Residential Conservation Overlay District("RCO-1"). Subdivisions developed pursuant to the provisions of this Ordinance may be referred to as "Conservation Subdivisions". Section 3: Purpose —In addition to achieving the purposes and objectives set forth in the Preamble of this Ordinance, the RCO-1 is intended to encourage residential development that conforms to the type, density and physical design described in the Village's Comprehensive Plan and which would conform to the Village goals of preserving Open Space as outlined in the Village's Green Vision Plan. It is the intent of this Overlay District to encourage more efficient use of land and public services through unified development that will protect biodiversity, to foster an Open Space network, as part of the developing network of subdivisions that are purposely linked together, to permit the preservation of habitat for wildlife, provide for local and regional recreational trails, allow for the conservation of hilly areas, wetlands, prairies, wooded regions, other unique areas, and for the perpetuation of the diversity of the natural ecological systems. Section 4: Applicability - All residential subdivisions in the following zoning districts shall be developed as Conservation Subdivisions in accordance with the provisions of this Ordinance unless exempted from this requirement under Section 5: R-1 Single Family Residence District R-2 Single Family Residence District R-2A Single Family Residence District R-3 Single Family Residence District R-3A Single Family Residence District R-6A Multi-Family Residence District Any such development shall comply with all other provisions of the Village's Zoning Ordinance, Subdivision Ordinance, and all other Village Ordinances, except to the extent otherwise specifically provided herein. The provisions of this Ordinance shall be considered to be supplemental standards and requirements applicable to any such development. In the event of a conflict between the provisions of this Ordinance and any provisions in the Village's Zoning Ordinance, Subdivision Ordinance or other Village Ordinances, including but not limited to 2 Ordinances relating to landscaping and tree preservation, the provisions of this Ordinance shall apply to such development. Section 5: Exempt Subdivision - Any subdivision that meets one or more of the criteria below shall be considered exempt from this Ordinance: A. The subdivision shall consist of a total land area of ten (10) acres or less, exclusive of roads or easements of access. B. The subdivision shall consist of lots, each of which has a minimum land area of 1.5 acres in size or greater, exclusive of roads or easements of access. C. That part of a residential subdivision that is located within a distance of 1320 feet of any portion of Bell Road or 159th Street. Notwithstanding any of the exemptions listed above a development of any type may voluntarily choose to comply with the standards contained in this ordinance for design of a development. Section 6: Continuation of Uses - Any uses listed as permitted uses, accessory uses, special uses and prohibited uses in the underlying zoning district applicable to such site shall continue in the same manner upon approval of the RCO-1 District for such site. Section 7: Application and Design Process A. Site Analysis — Applicant shall perform and submit to the Village a site analysis for the purpose of determining what existing conditions or features located on the site are desirable to preserve as part of the required Open Space percentage and identify those conditions or features which present obstacles that must be considered and overcome in the proposed design. The site analysis shall include an inventory of existing conditions or features of the site. The inventory of existing conditions or features shall include all natural and man-made features located on the site. If available, the applicant shall utilize the officially adopted Village Geographical Information System (GIS) maps of the environmental conditions and features present on the site and adjacent properties. At minimum the site analysis shall include a map(s) at a scale of no less than one inch equals 100 feet that depict the following: (1) A topographic survey that extends a minimum of two hundred (200) feet outside the boundaries of the site with a vertical contour interval of two feet or less identifying all areas with slopes of more than twelve percent (12%), including the location of all property lines and easements; (2) An analysis of existing drainage patterns and drainage divides including any floodplain and wetland areas and a topography map indicating what drainage area the site is located in; (3) A delineation of all "woodlands" at the drip line that form a biological community dominated by trees having an average canopy height greater than 20 feet and other woody plants covering a land area of at least 10,000 square feet and generally characterized by a tree density of 100 or more 3 trees per acre with at least 50 percent (50%) of such trees having a diameter at breast height (4.5 feet above ground level) of two (2) inches or greater. An orchard or tree nursery is not considered a "woodland" for purposes of this Section. The predominate specie(s) within the woodland shall be identified; (4) The location of all Protected Trees (as defined in the Village's Tree Preservation Ordinance, as amended from time to time) on the site; for purposes of this Ordinance, a specimen tree is a tree in good health that is of unusual or exceptional form, size, age or shape for its species and/or occupying a significant position within the site (individual specimen trees should be identified as to species, size and health); (5) A vegetation analysis identifying the hedgerows, meadows and prairies. Vegetation should be identified as evergreen or deciduous with the relative health and condition indicated. The predominant species of vegetation in a hedgerow should be identified; (6) General soil types, highlighting hydric soils; (7) The boundaries and characteristic of any primary or secondary environmental corridor and isolated natural resource area as identified in the Village Comprehensive Plan, the Village Green Vision Plan or other appropriate plan or ordinance adopted by the Village shall be indicated; (8) The location of any historic or cultural features; (9) The location of all existing buildings and structures indicating their use and condition; (10) The location and classification of all existing streets adjacent to the site; (11) The use and existing conditions of all other properties surrounding the site within 200 feet identifying any potential Open Space or trail connections. Upon review, Village Staff may require that additional areas be included or that additional information be provided to supplement the above minimum requirements. B. Delineation of Preservation Areas — Upon Applicant's receipt of notice that Applicant's Site Analysis has been approved, Applicant shall determine the areas within the property to be set aside and protected as Preservation Areas. (1) Preservation Areas are those portions of the site that shall be set aside for permanent protection. (2) Preservation Areas shall include (i) all areas that are protected through Local, State, and Federal regulations such as floodplains, floodway and wetlands; (ii) environmentally sensitive areas that connect to a Village, 4 Township or County Park or Forest Preserve; and (iii) the area of woodlands at the drip line, structures and features of the site that contribute to the country-like character of the site. C. Site Capacity — The calculation of the site capacity (or the number of dwelling units permitted) shall be based upon net-buildable acreage as determined herein. The Applicant shall determine the net buildable acreage using the following method, substantiated by sufficient plans and data to verify such calculations: (note: all calculations shall be to two (2) decimal places) (1) Gross Acreage of Property acres (2) Subtract the following: (a) All land located within any: (i) Existing streets and utility rights-of-way and easements; acres (ii) Floodplain; acres (iii) Wetland; acres (iv) Existing pond or lake; acres (v) Area having a slope greater than twelve percent (12%); acres (vi) Additional rights-of-way dedications as required by the Village of Homer Glen Transportation Plan or Village Engineer acres (b) Fifty percent(50%) of any woodland as defined in Section 7A(3); acres (c) Ten percent(10%) for proposed streets; acres (d) Fifteen percent (15%) for proposed stormwater facilities. acres The result is the net buildable acreage: acres The maximum number of lots that a site may be developed with is determined by dividing the net buildable acreage by the permitted minimum lot size for the underlying zoning district as set forth in the Zoning Ordinance. The maximum number of lots shall be subject to modification based upon the design requirements set forth in Section 8. All fractional numbers of lots shall be rounded to the nearest whole integer. For purposes of calculating site capacity, where two (2) or more categories overlap, the overlapping acreage shall be counted only once using the more restrictive classification. D. Sketch Plan—The Applicant shall prepare a preliminary sketch plan depicting the number and design of lots within a proposed subdivision. The sketch plan shall reflect the delineation of the Preservation Areas identified pursuant to Section 7B and approved by the Village of Homer Glen. The preliminary sketch shall list all variations being sought from the 5 Village of Homer Glen ordinances and be subject to the development and design standards set forth in Section 8. E. Review Procedure — The procedure for the review of the proposed Conservation Subdivision and any plats relating thereto shall follow the provisions set forth in the Village Subdivision Ordinance. Section 8: Development and Design Standards—The following standards shall apply to a Conservation Subdivision: A. Lot Requirements - (1) The actual minimum lot size permitted shall be as follows: R-1 Single Family Residence District 40,000 square feet well and septic 30,000 square feet sewer and water R-2 Single Family Residence District 20,000 square feet R-2A Single Family Residence District 17,000 square feet R-3 Single Family Residence District 14,000 square feet R-3A Single Family Residence District 12,000 square feet R-6A Multi-Family Residence District Minimum lot size not applicable (2) The building setback, bulk requirements and lot coverage for all principal buildings located in a Conservation Subdivision shall be as follows unless otherwise approved by the Village Board: a. Front yard setback 30 feet from property line b. Side yard setback 10 feet from property line C. Rear yard setback 30 feet from property line d. Minimum lot width 80 feet measured at front of lot e. Cul-de-sac lot width 60 feet measured at front of lot f. Maximum height 35 feet g. Lot coverage 40% Accessory buildings shall follow the bulk requirements listed for the R-3A Zoning District. (3) Not less than ninety percent (90%) of the lots within the subdivision shall directly abut part of the Open Space located on a separate lot. Open Space across a street shall not satisfy this requirement. (4) All residential clusters shall comply with the following: (a) Each cluster shall contain no more than twenty (20) dwelling units and no less than five (5) dwelling units. 6 (b) Each cluster shall be located to minimize the impact and degradation of the environmental features of the site. (c) Each cluster shall connect with existing or potential Open Space lands and/or local or regional trails. (d) No lot within a cluster (or unit in the case of a condominium development) shall be located closer than twenty (20) feet to any perimeter boundary of the site. (5) Lots shall be clustered and configured to minimize the amount of road length required except as may otherwise be required by the Village of Homer Glen. (6) All lots shall take access from interior local streets and not from arterial or collector streets bordering the subdivision. (7) Except as permitted for the R-1 Single Family Residence District, all Conservation Subdivisions shall be developed with public sanitary sewer and water services. (8) If a lot is located within designate preserved woodland area the individual building envelope shall be configured to minimize the loss of woodlands. (9) A minimum thirty (30) foot vegetative/landscaping buffer contained in a separate lot shall be maintained around the exterior of the development on all sides that abut a dedicated roadway. The views and appearance of the development from arterial and collector streets shall minimize the appearance of the subdivision. A trail or sidewalk shall be constructed within this buffer area that shall connect to any neighboring trails or sidewalks. If large enough, this buffer area may count as part of the required Open Space area. B. Street Requirements - (1) All streets, whether publicly dedicated or private, shall be developed to the standards specified in the Village of Homer Glen Subdivision Ordinance unless modified as below: (a) The width of any interior secondary street right-of-way may be sixty(60) feet unless the Village Engineer requires a greater width. (b) The width of any interior secondary street within a Conservation Subdivision shall be twenty-eight (28) feet as measured from edge of pavement to edge of pavement with parking limited to one (1) side of the street unless the Village Engineer requires a greater width. All streets within a Conservation Subdivision shall be developed with curb and gutter drainage and Best Management 7 Practices for Stormwater Management, except that such subdivision or parts thereof may be developed with a rural open ditch design which incorporates the use of Best Management Practices upon approval of the Village Board. (c) Sidewalks/trails shall be constructed on only one (1) side of all interior secondary streets unless the Village Board requires walks on both sides. C. Stormwater Requirements— (1) All stormwater management shall use best management practices to minimize the effects of stormwater runoff. (2) The required stormwater management area may be included within the required Open Space Area if the stormwater management area is configured and developed with wetland plantings and fits into the overall appearance of the Open Space as determined by the Village. (3) All stormwater detention/retention management areas shall be developed on a separate lot that is not part of an individual building lot and shall be owned and maintained by the Homeowners Association for the subdivision. D. Park Requirements— (1) The Village may elect to require that additional land be set aside for a "Park Area" as may be indicated by a Village of Homer Glen Master Park Plan. Any "Park Area" that is to be given to a public entity shall not be counted as part of the required Open Space area. If a park area is not required the developer shall be required to submit a fee in lieu of the area as required by the Village Park Donation Ordinance. (2) Any "Park Area" that may be required shall consist of land that can be developed as an active recreational use. This use may include a variety of uses including playgrounds, ball fields, etc.. (3) All park areas shall be fully developed within three (3) years of the start of the development unless additional time is granted by the Village of Homer Glen. E. Open Space Requirements— (1) Open Space is defined as undeveloped land within a Conservation Subdivision that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside for the use and enjoyment by members of the general public. Open Space shall not be part of individual residential lots. 8 (2) All designated open space parcels shall be subdivided and protected from construction activities through the use of construction and silt protection fencing prior to the start of any construction, earth excavation, clearing or grubbing activities on the site. (3) The percentage of the site devoted to Open Space shall meet the following minimum percentage of the gross land area of the site: R-1 Single Family Residence District Well and Septic 30% Sewer and Water 50% R-2 Single Family Residence District 50% R-2A Single Family Residence District 50% R-3 Single Family Residence District 30% R-3A Single Family Residence District 20% R-6A Multi-Family Residence District 20% (4) The following areas may be located within and counted as a part of the Open Space areas: (a) Floodplain, wetland areas, areas of greater than 12% slope, ponds and lakes, stormwater management areas if such area is configured and developed with wetland plantings and fits into the overall appearance of the Open Space as determined by the Village, walking or bicycle trails, parking areas and roadways providing access to those parking areas providing access to the Open Space, private buildings and structures accessory to the use of the Open Space, areas encumbered with utility easements and easements for drainage which are not located on lots on which a residential structure will be located provided such areas are otherwise developed in accordance with the Village's Master Park Plan or are developed consistent with the character of other areas of Open Space on the site, and Preservation Areas. (5) Road rights-of-way and private roadway easements and parking lots shall not be counted as part of the Open Space areas (other than as approved in Section 8E(4a)). (6) The following requirements apply to Open Space in a Conservation Subdivision: (a) At least eighty percent (80%) of the Open Space area shall be configured as a single whole not including any trails to individual lots unless approved by the Village of Homer Glen. Any trails to individual lots shall be on outlots a minimum of twenty (20) feet wide. Any trails or Open Space areas that are less than fifty (50) feet wide or areas that the Village Staff determines to be 9 gerrymandered shall not be counted as part of the eighty percent (80%)whole. (b) At least twenty-five percent (25%) of the net Open Space area shall consist of land that is suitable for building. (c) All Open Space areas shall be made accessible by the general public whenever possible through the use of trails and other facilities. (d) The responsibility for maintaining the Open Space and any facilities located thereon shall be borne by the developer of the conservation subdivision for a period of five (5) years from the start of construction or for a shorter period of time if agreed to by the Village of Homer Glen at which time the responsibility for maintenance and title to the open space areas shall be given to the Village of Homer Glen at no charge free and clear of all liens and encumbrances. At the request of the Village of Homer Glen, in addition to the dedication language hereinafter required on the final plat, the developer shall convey the Open Space to the Village of Homer Glen by a recordable Quit Claim Deed. If the required three year period has not passed the developer shall post a letter of credit with the Village of Homer Glen at the time of issuance of building permits for eighty percent (80%) of the dwelling units in the development or when the developer sells his last lot in the development to secure the developer's open space maintenance obligation. The letter of credit shall be in an amount equal to one hundred and ten percent (110%) of the cost of maintaining such open space for the remainder of the five (5)year period. All adopted final development plans shall indicate that the open space is "To Be Dedicated" and provide the Village of Homer Glen an easement for access and maintenance purposes. The Village shall have no obligation to accept title to the Open Space unless and until such Open Space is in full compliance with the provisions of this ordinance and any conditions placed on the Open Space through the approval of the development. Upon such conveyance, the Village of Homer Glen shall continue to hold and own said property as Open Space provided such Open Space can be developed at the Village's discretion with uses accessory to or consistent with the objectives of this ordinance or with the objectives of the Village of Homer Glen Parks Master Plan. (e) Applicant shall submit a Plan for Management of Open Space and Common Facilities, including the plan for the improvement or enhancement of the Open Space. 10 Section 9: Variations A. Purpose of Variation The "variation" process is intended to provide limited relief from the requirements of this Ordinance in those cases where strict application of those requirements will create a practical difficulty or particular hardship prohibiting the use of land in a manner otherwise allowed under this Ordinance. It is not intended that variations be granted merely to remove inconveniences or financial burdens that the requirements of this Ordinance may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this Ordinance render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variation is requested. B. Application: Notice of Hearing; Procedures (1) An application for a variation shall be filed in writing with the Zoning Officer listing all variations and the section of the ordinance pertaining to the variation. The application shall contain such information as the Plan Commission may require. (2) The Plan Commission, after a public hearing, may recommend to the Village Board the variation of the regulations of this Ordinance. The Plan Commission shall make recommendations only in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the standards and regulations of this Ordinance relating to the use of land in harmony with their general purpose and intent of this Ordinance, only where such Plan Commission makes findings of fact in accordance with the standards set forth herein; and, further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Ordinance. The Plan Commission may recommend to the Village Board imposition of such conditions and restrictions upon the site as may be necessary to otherwise comply with the standards set forth herein, to reduce or minimize the effect of such variation upon other property in the neighborhood and to implement the general purpose and intent of this Ordinance. Publication shall be made in the same manner as provided for variations in the Village's Zoning Ordinance. (3) The Village Board may grant or deny the application for a variation. If the application is not acted upon finally by the Village Board within one hundred twenty (120) days of the date the Village Board receives the Plan Commission recommendation, and such time is not extended by mutual consent of the Village Board and petitioner, it shall be deemed to have been denied. 11 C. Standards of Variation (1) The Plan Commission shall not vary the provisions of this Ordinance as authorized unless it has made findings based upon the evidence presented to it in the following cases: (a) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone; (b) That the plight of the owner is due to unique circumstances; and (c) That the variation, if granted, will not alter the essential character of the locality and will not frustrate the general purpose of this Ordinance. (2) A variation shall be recommended to the Village Board only if the evidence, in the judgment of the Plan Commission, sustains each of the three (3) conditions enumerated in Section 9C(1). (3) For the purpose of supplementing the above standards, the Plan Commission, in making its determination, may also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: (a) That the particular physical surroundings, shape or topographical conditions of the specific property involved will bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out; (b) That the conditions upon which the petition for variation is based would not be applicable, generally, to other property within the same zoning classification; (c) That the purpose of the variation is not based exclusively upon a desire to make more money out of the property; (d) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property; (e) That the granting of the variation will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; (f) That the proposed variation will not impair an adequate supply of air to adjacent property, substantially increase the danger of fire, 12 otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. D. Conditions The Plan Commission may require such condition and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this Section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this Ordinance. E. Authorized Variations Variations from the regulations of this Ordinance shall be granted by the Plan Commission only in accordance with the standards set forth in this Section and may be granted only with respect to the standards set forth in Sections 8A and 8B of this Ordinance. F. Effective Period No order of the Plan Commission granting a variation shall be valid for a period longer than one (1) year from the date of such order unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The Commission may grant one (1) extension of this period, valid for no more than one hundred and eighty (180) additional days, upon written application days, upon written application and good cause shown, without notice or hearing. If any of the benefits conferred by any variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one (1) year, said variation shall, to the extent of such abandonment or non-utilization, become invalid after a public hearing is provided herein. Section 10: Severability — That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. Section 11: Effective Date - This Ordinance shall be in full force and effect from and after its passage and approval. 13 PASSED this 25th day of July , 2006, with 4 members voting aye, 1 members voting nay, the President not voting, with 0 members abstaining or passing, and said vote being: Mary Niemiec Absent Dale Vogelsanger Aye Margaret Sabo Nay Brian Andrews Aye Marcia DeVivo Aye Christopher Locacius Aye Approved this 25th day of Jules, 2006. Russ Petrizzo, Village President Attest: Gale Skrobuton, Village Clerk Published in pamphlet form by authority of the Village President and Trustees of the Village of Homer Glen. Ordinance No. 06-051 Date: July 25,2006 14 Chapter 8B CONSERVATION DESIGN STANDARDS 8B.1 Purpose 8B.2 Application 8B.3 Conservation Development Site Design 8B.4 Permissible and Prohibited Activities 8B.5 Approval Process 8B.6 Density Bonuses for Open Space and Design Features 8B.7 Design Standards 8B.1 Purpose The primary purpose of these conservation design standards and regulations is to promote the health of the community and to protect its natural and environmental resources through the application of flexible land development techniques to the arrangement and construction of dwellings, roads, drainage systems, and infrastructure improvements. Commentary: The standards and regulations in this Chapter pertain to the development of land using a "conservation design"approach. The "conservation design"approach can be used with a variety of development applications, including special use permits, planned unit developments, traditional neighborhood developments, and the development of individual building sites and zoning lots. The submittal requirements and steps in the approval process for these applications are provided elsewhere in this Ordinance. The intent of this Chapter 8B is to advise the development community of additional requirements and benefits associated with "conservation design"and the alternative design features which can be used and that will benefit the City's natural resource base. The standards in this Chapter are based on information from a number of publications, including the following: ■ Conservation Design Resource Manual: Language and Guidelines for Updating Local Ordinances, Northeastern Illinois Planning Commission/Chicago Wilderness, March 2003. ■ Growing Greener — A Conservation Planning Workbook for Municipal Officials in Pennsylvania, Natural Lands Trust, October 1998. ■ Conservation Design for Subdivisions: A Practical Guide to Creating Open Space Networks, Randall G.Arendt, 1996. ■ Best Development Practices, Reid Ewing, 1996. ■ Section 14, Requirements for design and Improvements, Code of Ordinances, Town of Caledonia, Wisconsin. ■ Etowah HCP Model Conservation Subdivision Ordinance, Etowah Habitat Conservation Plan, October 2005. These publications may provide additional guidance and motivation to the developer regarding the use of conservation design standards and techniques. Such flexibility is intended to retain or increase the development rights of the property owner and the number of occupancy units permitted by the underlying zoning designation, while Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.1 encouraging environmentally responsible development. "Conservation design" is most appropriate in areas having natural and open space resources to be protected and preserved in perpetuity. These include floodplains, groundwater recharge areas, wetlands, woodlands, streams, wildlife habitat and migratory nesting sites, severe slopes, and historic and cultural resources. It is a system that first takes into account the natural landscape and ecology of a development site rather than determining design features on the basis of pre-established density criteria. "Conservation design" facilitates development while maintaining and preserving the most valuable natural features and functions of a site. The regulations contained herein are intended to: A. Conserve open land, including areas containing unique and sensitive natural features such as woodlands, wetlands, steep slopes, streams, groundwater recharge areas, floodplains,by setting them aside from development. B. Provide diverse lot sizes, building densities, and housing choices that can accommodate a variety of age and income groups and population groups. C. Create neighborhoods with direct visual access to open land and with a strong neighborhood identity. D. Conserve scenic views and elements of Woodstock's rural character, and to minimize perceived density by minimizing views of new development from existing roads. E. Avoid development on and prevent destruction of sensitive natural resource areas. F. Provide a wider range of sites for the use of stormwater"best management practices". G. Reduce the quantity and improve the quality of stormwater runoff from new development and minimize impervious surfaces. H. Reduce soil erosion by retaining and/or reintroducing native plant species and minimizing development on steep slopes. 1. Reduce and minimize encroachments into resource conservation areas and resource conservation corridors. J. Reduce the cost of public services required for new development and increase future property value. K. Create livable and sustainable mixed-use communities. L. Establish a method for resolving development challenges in a creative and efficient manner. 813.2 Application The regulations set forth in this Chapter shall apply to subdivisions/PUDs which contain areas or abut areas designated as "resource conservation" or "resource conservation corridor" on the City's comprehensive planning documents or are characterized by sensitive natural resources. Where an application for planned unit development, subdivision, or special use approval is requested for land depicted as "resource conservation" or"resource conservation corridor" in the Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.2 City's comprehensive planning documents or for land that is characterized by sensitive natural resources, compliance with this Chapter is required unless waived by the Plan Commission. The City may require compliance with these standards and regulations as a condition of annexation. Commentary: The term "best management practices" can be defined based upon the characteristics of the development site. Specific `best management practices"vary depending upon several factors, including location (urban, suburban, rural), climate (warm, moderate, cold), or circulation preference (pedestrian, automobile, public transit). They are also used to address specific public issues pertaining to housing, crime prevention, transportation, and energy efficiency. Not all "best management practices" are applicable in every situation and in some instances may be detrimental to the planning goals and objectives of a community. In regard to conservation design, "best management practices"refers to a combination of conservation measures, structures, or management efforts that reduces or avoids adverse effects of development on a site, on adjoining land, and on waterways and water bodies. 'Best management practices"are used to control soil loss and enhance water quality, to minimize impacts to surface water and groundwater resources, to improve water circulation patterns, and to reduce negative impacts to the chemical, physical, and biological characteristics of wetlands. The application of `best management practices" should be used whenever possible to achieve the City's development goals and objectives. Examples of"best management practices"are listed below. The list is not exhaustive and the practices listed may not necessarily be applicable in all situations or in Woodstock. ■ Keep vehicle miles of travel below the area or regional average. ■ Develop in clusters and keep the clusters small. ■ Place higher density housing near commercial centers, public transit opportunities, and park and recreational amenities. ■ Phase convenience shopping and recreational opportunities to keep pace with housing growth. ■ Make subdivisions into neighborhoods with well-defined centers and edges. ■ Reserve school and park sites and require them in order to attract new schools and parks. ■ Concentrate commercial development in compact centers, rather than spread out in strips. ■ Make shopping centers and business parks into all-purpose activity centers. ■ Separate auto-oriented land uses from pedestrian-oriented uses. ■ Design street networks with multiple connections and relatively direct routes. ■ Use traffic calming measures where appropriate in neighborhood settings. ■ Keep speeds on local streets down to 20 miles per hour. ■ Keep speeds on collector streets down to 30 to 35 miles per hour. ■ Keep local streets as narrow as possible and not more than 4 lanes wide. ■ Align streets to give buildings energy efficient orientations. ■ Provide interconnected networks for pedestrian and bicycle traffic. ■ Provide pedestrians and bicyclists with alternatives to traveling along high-volume streets. ■ Encourage infill development and channel development activity into already disturbed areas. ■ Preserve high quality habitat areas as large and as circular as possible, with feathering at the edges and, where possible, connected to wild-life corridors. ■ Preserve, protect, and enhance migratory nesting sites, especially when located within environmentally sensitive or valuable areas. ■ Design around significant high quality, high function, and ADID wetlands. ■ Establish upland buffers around all retained wetlands and natural water bodies. ■ Preserve significant existing uplands. ■ Restore and enhance environmental functions disrupted or destroyed by previous site activities. ■ Minimize stormwater runoff by clustering development on the least porous soils and using infiltration devices and permeable pavement materials. ■ Detain runoff with open, natural drainage systems. ■ Design artificial or constructed lakes and stormwater ponds for maximum habitat value. ■ Use reclaimed water and integrated pest management on large landscaped areas. ■ Use organic pesticides, herbicides, and fertilizers for lawn application purposes. ■ Offer life cycle housing opportunities. Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 8B.3 • Use cost-effective site development and construction practices. • Design internal energy saving features ■ Maximize opportunities for energy efficiency and green technology, including but not limited to opportunities in the areas of insulation, appliances, and renewable energy. ■ Supply affordable single-family homes for moderate-income families. ■ Supply affordable multifamily and accessory housing for low-income families. ■ Mix housing according to type and cost to the extent that the market will bear. Conservation design standards and regulations may be incorporated into and approved through either the planned unit development process or the subdivision approval process, as well as through the City's project review and building permit review process. The conservation design approach may be applied to a portion of a development site and it can be used or combined with other approaches to land development, such as a traditional neighborhood development. 813.3 Conservation Development Site Design The primary factor in determining acceptable site design is the land and its underlying characteristics. Proposed development shall be designed to fit the topography, physical features, and soil conditions of the subject site. Site design that recognizes natural drainage patterns, the use and preservation of native vegetation and the stabilization of soils during construction, and which protects, enhances, and maintains natural resources is encouraged. The general steps indicated below shall be followed when designing the layout and arrangement of a development site. Additional information about the conservation design process, including visual renderings prepared for each phase in the"conservation design"process can be found in Exhibit I. A. The first step is to identify all natural resources, conservation areas, open space areas, and physical features (floodplain, wetlands, lakes, ponds, channels and other water bodies, steep slopes, mature and young woodlands and significant trees, meadows and prairies, and soil types) on the site. Significant vistas and scenic areas that are present on the property and worthy of preservation shall also be identified. These features shall be preserved and protected from any negative impacts generated as a result of the development or other land disturbing activities. B. The second step is to locate building sites. Once natural resources and conservation areas are identified, building sites should be located to take advantage of open space and scenic views. Smaller lot areas and smaller lot widths which maximize the number of lots abutting natural resources and conservation areas should be considered in order to provide more efficient use of the land, as well as to protect the development rights of the property owner and the number of occupancy units permitted by the underlying zoning of the property. C. The third step is to design the street and circulation necessary to provide access to building sites and to allow movement throughout the subdivision and onto adjoining lands. The street layout should avoid sensitive natural resources such as wetlands, woodlands, significant tree stands, and wildlife habitats, and should be designed to take advantage of open space vistas. Interconnection of internal streets and street connections to adjoining land parcels should be provided to create opportunities for future connectivity. Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.4 Commentary: The following illustrations provide a comparison of a conventional subdivision design and a conservation development approach to development. Conventional Subdivision Design Imo_! fl Conservation Subdivision Design Same number of building sites and increased open space I I 1 From: Growing Greener-A Conservation Planning Workbook for Municipal Officials in Pennsylvania, PA. Department of Conservation and Natural Resources,October 1998.Design Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.5 D. The fourth step is to establish lot lines and lot sizes in order to take maximum advantage of conservation subdivision concepts. This step creates individual building lots and allows ownership of said lots to be transferred from one land owner to the next. E. A fifth and final step,which is separate from the initial conservation design approach but which is required for all development proposals in the City, is to prepare engineering plans which indicate how each building site can be served by essential public utilities, while at the same time acknowledging the need to preserve and protect the environmental resources on a site. This may require innovation on the part of the engineering professional in order to provide utility service while protecting natural resources and amenities. 8B.4 Permissible and Prohibited Activities A. Permissible activities are those in accordance with the purposes of this Ordinance. As part of the review and approval process for a conservation design development, a mix of different uses may be approved. Within dedicated open space areas, permitted activities may include the following: 1. Conservation of natural, archeological, or historical resources; 2. Meadows, woodlands, wetlands, wildlife corridors, games preserves, or similar conservation-oriented areas; 3. Pedestrian paths or bicycle trails, constructed of either porous or paved material, as determined by the City Engineer; 4. Active recreation areas provided they comprise no more than 10% of the total open space on the site; 5. Passive recreation areas such as open fields or observation areas; 6. Nonstructural stormwater management facilities and practices that allow for infiltration, such as bioretention areas; 7. Easements for drainage, access, and underground utility lines; or 8. Other conservation-oriented uses compatible with the purposes of this Chapter. B. To ensure the preservation and enhancement of existing natural resources, including but not limited to constrained and sensitive lands, natural and cultural resources, wildlife habitat and other unique and sensitive lands, development activity using a "conservation design" approach shall not commence prior to the granting of any other required development approvals. All subsequent development activity shall be conducted in accordance with and subject to applicable permit and development approval requirements of the City. For purposes of this Chapter, the term"development activity" shall include any disturbance or alteration of the property in any way, but shall not include continuation of any currently existing permitted use of the property. C. Subject to the provisions set forth herein, any provision of this Chapter may be waived by the Plan Commission. Such waivers may only be granted for good cause based upon specific circumstances or conditions attached to the property. No waiver shall be granted that would be contrary to the public interest or contrary to the intent of this Chapter. Any waiver of minimum conservation land dedication standards shall require comparable compensation, off-site improvements, amenities, or other consideration of comparable size, quality, and/or value. Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.6 813.5 Approval Process Development approval applications for conservation design projects shall comply with the applicable submittal and content requirements of this Ordinance and the requirements of this Chapter. A conservation design planned unit development or subdivision shall comply with and be processed in accordance with the requirements of Chapter 5 "Planned Unit Developments," Chapters 6A "General Requirements for Subdivisions, Planned Unit Developments, and Plats", 6B "Subdivisions and Planned Unit Developments: Pre-Application and Preliminary Plat Approval Process", and 6C "Subdivisions and Planned Unit Developments: Final Plat and Final Engineering Plan Content and Approval Processes" of this Ordinance. A special use permit shall comply with and be processed in accordance with the provisions of Chapter 4 "General Review Procedures"of this Ordinance. In addition to the aforesaid requirements, a"Site Yield Plan", "Natural Resources Inventory", and "Open Space Ownership and Stewardship Plan" are required. These items shall be prepared as part of a pre-application submittal (see Section 6B.1.2) and as part of a preliminary plat submittal (see Section 613.2.4), or for any other site intended to be developed as a conservation design project: 813.5.1 Site Yield Plan All applications for conservation design projects shall include a Site Yield Plan prepared in accordance with the following provisions. The Site Yield Plan shall be used to determine and calculate the base number of dwelling or occupancy units for any given property intended to be a conservation design development. A. A Site Yield Plan for the proposed project shall be provided and shall indicate how the property can be developed under a conventional design layout using the standards in Chapter 7A for the underlying zoning district. The Site Yield Plan is not intended to propose or permit the actual development of the property in accordance with the standards in Chapter 7A, but is presented to depict a base number of dwelling or occupancy units that could be constructed if the project was designed as a conventional development, and thereby the number of dwelling or occupancy units for the conservation design development. B. A conservation design development is intended to serve an overlay function, the sole purpose of which is to permit property to be developed using conservation design standards contained herein. Except as otherwise permitted, the underlying zoning district provisions shall apply. C. The Site Yield Plan shall be drawn to scale and shall exhibit a realistic design reflecting a conventional subdivision layout that could reasonably expected to be implemented given the required dimensional standards, the presence of non-buildable areas, natural resource areas, existing encumbrances, and the need for utility easements and right-of-way. Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.7 813.5.2 Natural Features Inventory All applications for conservation design projects shall include an inventory of natural features prepared according to the provisions set forth herein. The natural features inventory shall identify all natural and cultural resources, floodplains, wetlands, severe slopes, meadows, grasslands, tree stands, streams and stream corridors, watercourses, farmland, rapidly permeable soils, wildlife corridors and habitat, historic buildings and/or sites, archeological sites, green spaces, and views and viewsheds on the property and within 400 feet of the property. Applicants are solely responsible for ensuring the accuracy and designation of natural features in said inventory for their particular project and adjacent applicable property. If this requires entry onto adjacent properties, applicants are solely responsible for obtaining all required permits and/or approvals for such entry and analysis. This submittal shall include, but is not limited to, a "Natural Resource Inventory (NRI) Report" furnished by the McHenry County Soil and Water Conservation District. The applicant shall at its own expense order and furnish the required information to the District and have a report presented to the Community Development Department. 8B.5.3 Open Space Ownership and Stewardship Plan A. Ownership. The ultimate owner of dedicated open space, as well as the entity responsible for maintaining it, shall be identified. If a homeowners association or condominium association is the owner, membership in the association shall be mandatory and automatic for all lot and parcel owners and their successors. The association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. In the event an association ceases to exist the responsibility for maintaining the open space and any facilities located thereon shall be borne by all lot and parcel owners or by the owners of those lots and/or parcels which abut the dedicated open space. B. Conservation Easement Required. Dedicated open space shall be protected in perpetuity by a binding conservation easement or similar binding legal instrument recorded with the McHenry County Recorder and granted in favor of one or more of the following entities, which entity shall be shall be responsible for all maintenance, control, and insurance of common areas,including dedicated open space and natural areas: 1. A public agency such as the McHenry County Conservation District. Such agency may, but is not required to, accept dedication in the form of fee simple ownership of the designated natural area provided it has access to and agrees to maintain such natural areas and open space. 2. A homeowners or property owners association. Membership in such an association shall be mandatory for the owners and purchasers of all lots and/or parcels in the development. The association shall be responsible for all maintenance, control, and insurance of common areas, including the dedicated natural areas. 3. A not-for-profit entity whose primary purpose is the preservation and maintenance of conservation areas and natural resources. Such conservation areas and natural resources shall be established in the form of conservation easements. Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.8 C. Corrective Action. After 15 days written notice, the City may enter dedicated open space areas in order to take corrective action necessary to ensure compliance with this Chapter 8B and the provision of extended maintenance, when such action has not been provided by the entity responsible for such actions. The costs of such corrective action may be charged to the property owner, condominium association, homeowners association, conservation organization or not-for-profit organization, or individual property owners, and may include administrative costs and penalties. Such costs shall become a lien on said properties and shall be filed by the City with the McHenry Country Recorder. D. Stewardship Plan. Every conservation design development must include a plan that provides a means to properly manage dedicated open space in perpetuity and the long- term means to properly manage and maintain all dedicated open space. The plan shall be approved as part of the applicable development review process. The plan shall be in textual form and may include graphic renderings. The plan shall provide specific details and methods regarding the preservation, re-establishment, maintenance, and management of open areas and natural resources in perpetuity on the subject site. It shall be in a format that is easily understood and shall identify specific tasks which must be completed in order to ensure the viability of current and future resources on the site. It shall allocate responsibility and guidelines for performing said tasks, and shall include provisions for long-term capital improvements. It shall also serve as an educational resource for future residents and property owners. The plan shall do the following: • Designate the ownership of natural features and dedicated open space. • Establish necessary regular and periodic operation and management responsibilities. • Estimate staffing needs, insurance, and other associated costs and define the means for funding these on an on-going basis. • Allocate responsibility and guidelines for the maintenance and operation of the dedicated open space and any facilities located thereon, including provisions for ongoing maintenance and long term capital improvements. • Estimate the cost and staffing requirements needed for maintenance and operation of, and insurance for, the dedicated open space and describe the means by which such funding will be obtained or provided. • Provide that the plan shall not be changed without the approval of the City and describe how the plan will be enforced. In the event the party responsible for maintenance of the dedicated open space fails to maintain all or any portion of it in reasonable order and condition, the City may assume responsibility for its maintenance. The costs of such maintenance shall be charged to the responsible party as set forth in this Section 8B.5.3 and may include administrative costs and penalties. Such costs may become a lien on all lots and parcels. E. Performance Standards. The Stewardship Plan shall include performance standards for all natural open space areas and naturalized stormwater management facilities and buffers. The performance standards shall identify proposed methods for establishing the areas and shall require monitoring and maintenance for three full growing seasons following planting. The purpose of establishing and ensuring compliance with performance standards is to ensure that the overall design intent for these areas is achieved and maintained. The design intent for such facilities is to provide an aesthetic, healthy, diverse community of native vegetation to meet the objectives of soil Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.9 stabilization, water quality improvement, and wildlife habitat. Minimum performance standards for prairies, wet-detention basins, drainage swales, and buffer areas are included in "Appendix JA". Under circumstances where the minimum performance standards cannot be achieved, alternative performance standards must be presented to and approved by the City. F. Open Space Special Service Area. The City, at its discretion, may require the establishment of a "back up" special service area (SSA) in order to provide funds necessary to support the maintenance and upkeep of land set side and dedicated as open space area or used for required utilities and development improvements. Such a requirement may be a condition of final plat approval and the creation of such an SSA shall occur prior to the sale of individual lots or building sites. 8B.6 Density Bonuses for Open Space and Design Features A. The permitted number of dwelling or occupancy units in a conservation design development shall be the base density as determined by the Site Yield Plan. However, the City Council may grant a density bonus or bonuses after a review of the proposed conservation design plan and the finding that the proposed development offers a superior layout and quality of design which incorporates environmentally sensitive design features. These features shall include, but are not limited to the preservation of scenic vistas, preservation of natural areas, incorporation of natural landscapes, protection of wildlife habitat, preservation of mature trees, and the creation of landscape buffers. The extent of a density bonus shall be based on the percentage of the site reserved as open space. A density bonus shall not, however, be awarded for any improvement, design, or action required by local, state, or federal law. The density bonuses noted in the following chart are maximum percentage increases in the number of permitted dwelling or occupancy units. No minimum or maximum lot sizes are established for conservation design projects in order to allow for maximum flexibility when arranging building sites. Total Amount of Open Space Area Allowable Increase in DensityZ 51-55% 5% 56-65% 7.5% 66-75% 10% 75+% 12.5% 'As a percentage of total development area minus non- z As a percentage of the number of permitted buildable and restricted areas. The above percentages dwelling or occupancy units allowed by the base include the base amount of open space required of all density allowed by the Site Yield Plan and is not conservation design developments. cumulative. Where the application of the resultant percentage results in a fractional number of dwelling units, said number shall be rounded up to the next whole number. B. The City Council may grant a density bonus or bonuses after a review of the proposed conservation design plan and the finding that the proposed development provides the following features: Design Feature Allowable Increase in Density1 More than 35%of residential dwellings are served by side 1% load attached garages. More than 75% of the lots or building sites abut open 1% space on at least one side. Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.10 Internal trails are connected with existing or potential trails 2% outside of the development. Internal open spaces are connected with existing or 2% potential open s aces outside of the development. 'As a percentage of the number of permitted dwelling or occupancy units allowed by the underlying or pre- existing zoning designation. Each allowable increase in density shall be a percentage of the base density allowed by the Site Yield Plan and is not cumulative. Where the application of the resultant percentage results in a fractional number of dwelling units,said number shall be rounded up to the next whole number. Commentary. Density bonuses allow a developer to have additional dwelling or occupancy units if conservation design amenities beyond those required by this Chapter are provided. For example, if a developer decides to increase the amount of open space within a 150 unit residential subdivision so that at least 66 percent of the subject site consists of open space, the number of dwelling or occupancy units could increase by up to 10 percent or 15 units, allowing a total of 165 units. 8B.7 Design Standards Except as waived or altered by the Plan Commission, lots, streets,building and structure location, and the overall layout and development of a conservation design site shall comply, to the greatest extent possible, with the standards listed below. Additional "best management practices"may be required by the Plan Commission in order to provide greater protection of the City's natural resource base. A. Land Suitability No land shall be developed which is unsuitable for a proposed use if said land is identified as being environmentally sensitive. Areas identified as environmentally sensitive may include,but are not limited to those with the following features: 1. All areas identified as floodplain by the Federal Emergency Management Agency or Illinois Department of Natural Resources,or other public or private entity. 2. All wetlands under the jurisdiction of the U.S. Army Corps of Engineers. 3. All areas within 75 feet of the ordinary high water mark of navigable streams and lakes. 4. Areas known to provide habitat for rare,threatened,or endangered species. 5. Land designated as "resource conservation" by the City's comprehensive planning documents. B. General Standards 1. Conservation developments shall identify a conservation theme or combination of themes at the time of initial application. Conservation themes shall be based on the natural resource features of the development site and may include, but are not limited to forest stewardship, water quality preservation and enhancement, native landscape restoration and preservation, natural habitat restoration, viewshed preservation, archeological and historical preservation. 2. Conservation developments shall preserve, restore, and/or create environmentally sensitive areas such as wetlands, natural habitat for rare, threatened and endangered species, woodlands, rain gardens, prairies, meadows, primary or secondary Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.11 environmental corridors, parklands and viewsheds, and shall include plans and the means to restore,manage, and maintain such areas. These areas may be preserved or restored to their natural state, designed and intended for the passive use and/or enjoyment of residents or users of the proposed development, or preserved in order to expand and extend the usefulness of existing preserved open space and natural areas. 3. Common open space shall to the extent practical, include open space areas in addition to water bodies,ponds, or mapped wetlands that have been identified. 4. Common open space shall be identified,restored,managed, and maintained. 5. Re-use of historical buildings and structures, identified by the Illinois Historic Preservation Agency, shall apply unless the Plan Commission determines otherwise for good cause. 6. Conservation developments shall take into consideration how abutting land with significant natural areas and resources will impact or be impacted by the conservation development. 7. Natural areas and resources, as well as protective buffer areas, shall be preserved on the development site. Dedicated natural areas shall be interconnected where possible with open space areas, greenways, and trail systems within the development site and on abutting lands where possible and appropriate. 8. Enclosures which surround all or a portion of a lot or parcel, and thereby reduce the amount of unrestricted open space, are not allowed. This restriction shall be placed on a final plat or other document of record and established as a covenant or deed restriction. C. Natural and Open Space Standards 1. At least 50 percent of a conservation design development site shall be set aside as dedicated open space. For purposes of this Chapter, the term "open space" shall mean any land or area the preservation of which in its present use would(a) conserve and enhance natural or scientific resources; or (b) protect floodplains, streams or water supply; or (c) promote conservation of soils and wetlands; or (d) preserve wildlife habitat; or (e) protect historic and cultural sites; or (f) enhance recreational opportunities. The term "open space" includes land and water areas retained for use as active and passive recreation areas or for resource protection in an essentially undeveloped state. 2. The natural area counted toward this set-aside shall consist of land, not necessarily undisturbed, which either retains or has been substantially restored to its original natural or native character. Natural area counted toward this shall not include parkways, landscape islands, or similar features. Partial credit may be, although not necessarily, granted for wetlands, floodplains, or other inherently unbuildable areas. Yard and setback areas on individual lots shall not be considered natural areas or open space unless designated on a final plat or similar recorded document as "deed restricted open space" or as having similar restricted use status. 3. Natural and open space areas shall be maintained in perpetuity and shall not be improved with any buildings or structures unless approved by the City and where such buildings or structures will not negatively impact the natural and open space areas. This restriction shall run with the land and be binding on future owners, successors and assigns of the grantee. 4. Whenever and wherever possible, natural and open space areas shall connect with existing or potential open space lands on adjoining parcels and local or regional trail systems. Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.12 D. Performance Standards for Residential Lots 1. Residential structures are not required to be on individual lots and more than one primary building may be on a single land parcel. Lot size, shape, and orientation shall be appropriate for the location of the development and for the type of development and use being considered. 2. No minimum or maximum lot size shall be imposed, however, when lot sizes are approved that are smaller than allowed by underlying zoning, front and rear yard setbacks may be reduced. In no case shall such reductions be less than twenty (20) feet for a front yard setback and twenty(20) feet for a rear yard setback. 3. Residential lots or building envelopes shall be large enough to accommodate a house and two-car garage. 4. Lots shall be approximately rectangular in shape, with the exception of lots located on a curved street or on a cul-de-sac turn-around. 5. Side lot lines shall, where practical, be at right angles to straight street lines or radial to curved streets which the lots face. 6. Flag lots are prohibited. 7. Every lot shall front or abut a public street or have other approved means of access. 8. Lots shall be configured to minimize the amount of impervious surfaces including paved roads. 9. Lot access shall,where practical,be from an interior street. 10. Lots shall, where appropriate, be adjacent to or around one or more of the following: central green or square, physical amenity such as a meadow, stand of trees, stream or other water body, or some existing or restored natural feature. 11. Building setbacks, frontage requirements, lot line dimensions, and building height shall be established during the review and approval of the conservation development design. E. Buffer Standards The following distance buffers are required: 1. From existing perimeter arterial streets to a structure: a minimum of 100 feet. 2. From existing perimeter collector streets to a structure: a minimum of 50 feet. 3. From a development parcel's boundaries to a lot line: a minimum of 40 feet. 4. From cropland or pastureland to a lot line: a minimum of 50 feet. 5. From dwellings in other subdivisions: a minimum of 75 feet. 6. Buffers shall consist of berms, landscaping, water features, or similar improvements. Where necessary in order to screen new housing or incompatible development, or to preserve scenic views, or otherwise enhance the landscape as seen from existing perimeter roads and from within the development conservation design development, a mix of trees, shrubs, and native landscape materials shall be provided as part of the buffer. These requirements may be waived or reduced by the Plan Commission. F. Cluster Design Standards 1. Lots, buildings, and building sites should be clustered or grouped together. Lot and building site size may be less than that required by the underlying zoning in order to achieve greater preservation and protection of natural resources. Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.13 2. Such clusters or groups should be located so as to minimize negative impacts on the natural, visual, and cultural resources of the site and between incompatible uses and activities. 3. Such clusters or groups should avoid encroaching on rare plant communities, high quality habitats,or endangered species. 4. Such clusters or groups should be designed and sited to achieve the following goals: • Minimize disturbance to woodlands, wetlands, grasslands, mature trees, and steep slopes. • Prevent negative downstream impacts to waterways due to runoff by utilizing on- site stormwater management practices. • Maintain and protect scenic views of open land from adjacent and proposed roads. Minimize visual impact through the use of landscaping, berming, and other similar features. • Protect buildings and sites of historic significance or incorporate them through adaptive reuse. 5. Landscaping around the building cluster or group should be provided where appropriate to reduce off-site views of the buildings, and such landscaping should be comprised to the greatest extent possible of native plant species. G. Street and Sidewalk Standards 1. Neighborhood streets may take the form of a two-way street, a pair of one-way streets on either side of a landscaped median, or a one-way loop street around a landscaped median. Driving aisles within a neighborhood street shall have a minimum width of 12.5 feet except as provided for herein. Said width shall not include the width of curb and gutter improvements. 2. Non-neighborhood streets, such as collectors or arterials, shall meet the improvement and design standards required by this Ordinance for all other streets not within a conservation design development. 3. Pavement width, excluding curb and gutter, for local/neighborhood streets shall be as follows, subject to approval of the City Engineer. • Parking restricted on both sides: 25 feet • Parking restricted on one side: 28 feet 4. Streets shall be developed according to standards that promote road safety, provide adequate access for emergency vehicles, and allow for adequate vehicular circulation and movement. 5. The use of enclosed drainage curb and gutter systems is discouraged in favor of vegetated swales where a significant environmental benefit will be realized. 6. Sidewalks shall be installed on at least one side of a street and may be required by the City Council to be installed on both sides of a street. Sidewalks shall connect residential areas to common open space areas, and provide convenient pedestrian access throughout the conservation design development and from the development site to other areas of the City. The City Council may waive all or a portion of the sidewalk requirements. 7. Sidewalks located within a public street right-of-way shall have a maximum width of 6 feet and a minimum width of 4 feet, except as provided for in this Ordinance or Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.14 unless used to accommodate bicycle traffic, in which case the maximum width may be exceeded. 8. When the conservation design development provides a pedestrian system with access equal to or greater than the provision of sidewalks along public street rights-of-way, said pedestrian system may be installed in lieu of sidewalks along public streets. 9. Sidewalks dedicated and/or intended for public use shall be have a hard, dust-free surface. Walkways not designed for public use may have alternative surfaces. 10. Private drives and parking areas may be built with alternative surfaces and designs, including permeable pavers, subject to the approval of the City Engineer. 11. Shared or common drives shall be permitted and shall comply with the following standards,provided there is a recorded covenant applicable to the properties utilizing such drive which establishes standards for its maintenance and use. 12. A common drive may serve multiple units and may be built to serve residential or non-residential uses. A common drive shall extend from a public or private street and may connect to other existing or planned public or private streets. I. Stormwater Management Standards 1. Integrated management practices designed to capture, use, detain, retain, and treat stormwater and enable it to enter the ground shall be utilized as part of a development site's overall stormwater management plan. Compliance with the City's Stormwater Management Ordinance, as well as the following stormwater management measures is required: • Maximize the use of open swales and bioswales, and similar"best management practices", including but not limited to the use of vegetated swales, permeable storm sewer pipe, porous pavement for private driveways and sidewalks, vegetated buffers and strips, and retention of groups of trees and other vegetation to help natural hydrology. • Drain roof downspouts to porous surfaces,rain barrels,or rain gardens. • Design stormwater management systems and facilities to capture at least 75% of the post-development sediment load on an annual basis. • Use natural landscape planting to increase water infiltration and decrease runoff where soil conditions are suitable and building foundation problems will not be created. • Preserve natural open space drainage systems ways and incorporate them into the stormwater management system for the overall development. 2. Stormwater management, drainage, and detention facilities shall be designed and installed in compliance with the McHenry County Stormwater Management Ordinance, as amended and adopted by the City. 3. The amount of soil compaction, clearing, and grading at a development site shall be minimized and the extent that impervious surfaces are directly linked to each other shall be limited. 4. The mass grading of development sites is discouraged and is limited to between 20 and 40 acres at any one time. Large developments shall stabilize areas of up to 40 acres that are graded before proceeding with subsequent grading activity. Buffers shall be installed to protect natural resources and amenities. Buffers which are Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.15 located in close proximity to or abut such natural resources and amenities, shall be planted and stabilized prior to the start of grading activity. 5. Rooftop runoff and sump pump discharge shall be directed to pervious areas, such as yards, open space, grassed swales, or vegetated areas, via sheet flow or in a similar diffused manner. 6. The routing of rooftop runoff and sump pump discharge to roadways is permitted only with the approval of the City Engineer. J. Use of Native Landscaping The use of native plant materials for landscaping is required throughout and along the perimeter of the development site, including those areas containing drainage swales, detention basins, common areas, at the edges of streams, lakes,wetlands, and other water bodies, and the perimeter of the development site. Commentary. The City of Woodstock places a high value on natural landscaping design and the use of native plant species. All landscaping activities are encouraged to create landscapes that serve a beneficial natural function and that contribute to the overall preservation and expansion of the natural environment. Appendix H provides a regarding the City's position on natural landscaping and suggest how a developer should approach the design and selection of landscape amenities. Unified Development Ordinance 2010 Edition, City of Woodstock, Illinois-Page 88.16 . ,N,. 7 yN ,,r .:I err a c e 5151II ' 1; I i xvvjr I f 'All Nil of ' , 7 r `n •1 IL r ly x p ,t' f■ me { } ^ I n ` 'ih w. � � � �' � '} 4f��/ r.:._ `s a r 'x W�. .} '� .r ► a # _ Decem, ber 2011 _ x+ Planning to protect local water resources Beginning in fall zmo,community members in south central Kane County and north central Kendall County met to participate m a planning oppomwty to motet[waver connects in the Blackberry Creak Watershed.More dram go lendresidente,commmmiryleaders.representatives of governmental agencies, orgarezatima,businesses,and others participated in meetings and provided input for over year.The Clumps Met ropolitan Hgenryfor leaming(casev)developed watershed action plan integrminglocal priormss for protectingwater qualiryand watershed health. flemel.wnstlsawatevsheJl ell All bill 11 el m� . our.E��9 Fee a� lapu neL ,J. Ile nu „�nv f e � i ( J yayri�• f ell"I Ire PLANNING TO PROTECT LOCAL WATER RESOURCES What is Watershed Planning? Watershed planningis avoluntary,collaborative public process involvinglocal residents, The Conservation Foundation(TCF)and the Fox River Ecosystem Partnership(FREP) governmental agencies,organizations,businesses,and other interested community were both partners in the planning process.In coordination with CMAP and FREP, members.These"stakeholders"are the individuals or parties participating in the TCF served as the watershed coordinator,convened local stakeholders,and executed planning process,along with the interests they represent,since they all have a vested an information and outreach campaign duringthe planning process.FREP supported interest,or stake,in the overall health of the place inwhich they live,work,or play.The the outreach and education effort by upgradingtheir website,serving as a source planning process and resultingplan are informed by both local knowledge and science- of watershed pianningnews and information,and highlighting watershed planning based information.Addressingnonpoint-source pollution to protect good water quality activities in their monthly Downstream e-newsletter.The Blackberry Creek Watershed or improve poor water quality is the primary purpose for developing a watershed-based Action Plan(Plan)can be found athM:IlfgmiverecoMtem.argjblackberryhtmand plan.however,other objectives also can be pursued,since they are often related to the htta:Ilcmay.illinoi s.govlwatershed-ylauning1. health of our water resources. Lurid W-aping A watershed is defined as the land area from which surface runoff from precipitation Aff'lcullurr . "''" Traditional Urban drains to a common point downhill:typically a stream,river,lake,orwetland.In this 81A *. a Oevetopmcnt planning process,the watershed is used as an organizing principle for understanding the I'i+ealack AirPotiution interrelationships between the manyways that people view,impact,and interact with both land and water resources.When combined with an adaptive management approach to plan implementation,the plan and those who produced it offer a potentially effective �i framework for producing and evaluatingproject and policy recommendations to correct , water resource problems.It is from this viewpoint that the Blackberry Creek Watershed Action Planwas created. The Blackberry Creek Watershed planning process was designed to be stakeholder- drivenwith assistance from CMAP and other partner agencies.As the project lead, CMAP facilitated monthly meetings from September zoio through December zoan and provided technical assistance for the watershed-based plan.CMAP also facilitated a kick IMilo 15anrs N:�r,an:mnacrs on nut �' sits SPrrCti off meeting in September zoio,held two evening open houses to give a widervariety of waters w"r,will ffxrcase stakeholders an opportunity to learn about and participate in the planning process,and with continued pupuln.fon growth and 5eptr� development. P lelde met with local officials to discuss water resource planning and project opportunities in their communities.Together these activities directed the development of the watershed- Wells based plan based on stakeholder input and best professional judgment. Figure 2.Why do watersheds matter? Watersheds are important because what we Adapted from do on the land directly affects the quality of our Healthy Watersheds,Healthy People, surface waters,drinking water supply,local Washington Department of Ecology.2009 economy,wildlife habitat,and recreational resources. 1 Information highlighted in lite Executive Summary is documented comprehensively in the lull plan. 4 BLACKBERRY CREEK WATERSHED ACTION PLAN Introduction: The Blackberry Creek Watershed A subwatershed of the Fox River Basin in Illinois,the Blackberry Creek Watershed spans south-central Kane and north-central Kendall Counties and has a drainage area of nearly 75 square miles.This watershed(Hydrologic Unit Code 07120007021)includes portions of the Cities of Aurora,Batavia,and Yorkville; the Villages of Campton Hills,Elburn,North Aurora,Sugar Grove,Montgomery, and Oswego;and unincorporated areas in Kane and Kendall Counties including portions of Campton,Kaneville,Blackberry,Batavia,Geneva,Sugar Grove,and Bristol Townships. The watershed is located on the urban fringe of the Chicago metropolitan area.Kane and Kendall Counties are two of the fastest growing counties in Illinois(Kendall is the fastest and Kane is the fifth in growth rates as compared to the rest of the state.)The total population residing in the Blackberry Creek Watershed is approximately 60,000. Table 1:Blackberry Creek Watershed-basic facts Size of watershed 74.7 square miles(47,797 acres) Counties,nunicipalities,&townships Kane&Kendall Counties; Cities of Aurora,Batavia,& Yorkville; Villages of Campton Hills,Elburn,North Aurora, Sugar Grove,Montgomery,&Oswego; Campton,Kaneville, Blackberry,Batavia,Geneva,Sugar Grove,Aurora,& Bristol Townships Population(2010) 63,279 people Incorporated&unincorporated land(2005) 18,817 acres(39%)/28,980 acres(61%) Land in residential use(2005) 9,047 acres(19%) Land in agricultural use(2005) 22,987 acres(486A) Land in open space(2005) 5,414 acres(11%) Length of stream network 66 miles Elevation range 1,016 to 570 feet above mean sea level Water supply source Groundwater Dominant soli type Slit loam or silty clay loam,hydrologic soils group B Fbx River Basin t � 1 0 I�I MOM - Wisconsin — �.-_._. _..�..r.».. ..41_. .._. Illinois I I i1i+17chiyQn � ,_ r O � � }Ll11R Co. r 1 i4ermdn3 I A ia- I 6dockberry[+evk 1+5dat£rahed ?_ 47 d{��,i- 4s-fin •`` -4 fir' 4 Mlles � E l o s io zo 6 BLACKBERRY CREEK WATERSHED ACTION PLAN Purpose of the Plan Stakeholder Concerns and Goals The Plan provides a roadmap for protecting and improving localwater quality and Asa First task in developingplan recommendations,stakeholders identified local water thus the quality of life for those that live,work,and playwithin the Blackberry Creek quality concerns.Alongwith the Illinois EPA-identified fecal coliform impairment in Watershed.Water quality is generally evaluated by the absence or presence of Blackberry Creek,stakeholders identified nutrients,sediment,and other pollutants certain elements(e.g.,water chemistry)or attributes(e.g.,aquatic biology,physical in runoff as potential concerns to creek health.They specifically noted soil erosion characteristics of stream network).Although many of these elements are naturally from land and streambanks,herbicides and pesticides from lawns,golf courses,and occurring and not innately harmful,it is their excessive concentrations that can agricultural land,large numbers of Canada geese alongvarious sections of the creek, negatively affect water quality.The table below provides a summary of common water and the presence of foam in a specific creek area.Stakeholders were also concerned quality indicators and associated sources or causes of impairment. with the water quality,habitat,and flooding impacts of channel modifications and constraining structures built across the creek(e.g.,bridges,culverts,dams). Table 2:Water quality characteristics Groundwater concerns Focused on impacts to groundwater sources from additional pumping due to increased development. WATER QUALITY INDICATOR POTENTIAL PRIMARY SOURCES OF IMPAIRMENT The stakeholders then formulated goals toward protecting and improving Blackberry Chloride Road salt,water softeners Creek's quality.The final goals outlined here capture the desired outcomes for the Fecal coliform Potentially many,including failing septic systems,pet waste, watershed.Recommendations found throughout the Plan address each of these goals. waterfowl and other wildlife waste,manure,illicit sewer connections,etc. a Reduce fecal coliform contributions(an indicator of bacterial contamination) Dissolved oxygen Sediment oxygen demand,algal blooms/respiration, . Reduce nutrient loadings and other emerging pollutant loadings hydrologic modification Phosphorus Wastewater treatment plants,septic systems,urban& Minimize sedimentation,siltation,streambank,and streambed erosion agricultural runoff including pet,waterfowl/wildlife,& . Reduce risk of flooding through initiatives to improve water quality livestock waste Nitrogen Wastewater treatment plants,septic systems,urban& • Pro tect groundwater resources agricultural runoff including pet,waterfowl/wildlife,& livestock waste , promote awareness of watershed resources and threats Suspended sediments Erosion from streambanks,lakeshores,construction sites, As the only confirmed contaminant in Blackberry Creek,a target load reduction for fecal agricultural fields coliformwas adopted by the stakeholders.Stakeholders set a fecal coliform target load reduction of 17%for the geometric mean of the number of fecal coliforms Regular testingof Illinois'streams and lakes for these and otherwater quality concerns per ioo mL,as determined from water samples collected in accordance with the is managed by the Illinois Environmental Protection Agency(EPA).Waterbodies are guidelines specified in the 111inois water quality standard for fecal coliform.This assessed for certain designated uses(e.g.,aquatic life,primary contact,water supply) pollutant-load reduction is derived from data collected by Illinois EPA compared with the and the results are reported every two years in the Minois Integrated Water Quality Illinois water quality standard for fecal coliform. Report and Section3o3(d)List(Integrated Report.)In the zoio Integrated Report cycle, Blackberry Creek was assessed and determined to be in full support for the aquatic life designated use and in nonsupport for the primary contact(e.g,swimming)designated use.Illinois EPA determined the cause of the primary contact nonsupport is due to fecal coliform(an indicator of bacterial contamination),but the particular source(s)of this impairment is unknown. ALAN RECOMMENDATIONS 7 Plan recommendations In order to work towards achievingthe pollutant-load reduction,Plan recommendations focus in part on reducing fecal coliform loadings from potential sources.Recommendations also address water quality protection more broadly, including planning,programs,and projects to reduce stormwater runoff volumes and nutrient and sediment loadings to the streams,lakes,and wetlands within the Blackberry Creek Watershed,as well as to protect and restore stream,lake,wetland, and riparian habitat. Policy and Planning/Programming The policy recommendations of the Plan focus mostly on actions that local units of Open Space Reserve govemmentwithin the watershed can take or adopt that may protect or improve the In this category,an interconnected network of hubs and corridors are proposed for water quality by addressing potential sources of fecal coliform.A green infrastructure inclusion in an open space protection program that encompasses ecologically sensitive framework was used to shape watershed-wide recommendations with a specific focus lands.The goal of this network is to assure continued flood water storage,protect on land-use decisions that may impactwater resources.Such an approach to water wetlands,provide habitat in the stream corridor,and preserve ecosystem functions that quality protection is defined by a range of natural and built systems that can occur at society values3 while minimizing stormwater runoff and nonpoint-source pollution. the regional,community,and site scales.2 At the regional scale,green,infras tructure The hubs are composed of currently protected public and private open space and refers to a network of connected open space and natural lands and waters that provide proposed open space to be connected by the stream network and existingtrails and important environmental functions.At the community and neighborhood scales, greenways.Ideally,and to provide the highest ecological functions,these lands are green infrastructure incorporates design approaches such as compact,mixed-use preserved and restored to native land cover wherever possible and realistic.The data that developments,urban forestry,parking reductions,and other strategies that reduce were analyzed to create the Open Space Reserve include the Blackberry Creek stream impervious(non-water absorbing)surfaces,such as conventional roofs,parkinglots,and network,threatened and endangered species and the Illinois Natural Areas Inventory driveways.At the site scale,green infrastructure is manifested by practices that retain, sites,Phase II Wellhead Protection Areas,and greenways and trails corridors.These data infiltrate,and evaporate(through evapotranspiration)stormwater to mimic natural were then considered in the context of agricultural and vacant/wetland sites from the systems.Underthis framework,lands in the watershed fall into four main categories. CM AP zoos Land Use Inventory to identify open space protection opportunities(Figure 4). Open Space Reserve,Planned Development,Developed Lands,and Agricultural Lands. 2 U.S,EPA.Water Quality Scarecard:Incorporating Green Infrastructure Practices dt the Municipcil,Neighborhood,and Site Scales. EPA 231-B-09-001.Washington,DC U.S.EPA,2009.http✓/www.epa.aov/smartarowth/water_scorecard.htm (accessed Nov.8,2011). 3 Benedlct,M.A.andE.T.McMahan.Green infrastructure.S+nartComervalron for the 2lstCentury Washinglon,DC The Conservation Fund,2002.hpR;U www.conservationFund.ora/sites/default/files/GI_SCZ1C.pdf(accessed Nov,21,2011). BLACKBERRY CREEK WATERSHED ACTION PLAN Planted Development Figure 4.Blackberry Creek Watershed Open Space Reserve This category includes currently undeveloped land,with certain characteristics,that is Q Watershad Panning Area zoned for future development.Planned Development includes developable land that falls pDID S(reams in one or more of the following distinctions:hydric,organic,and excessive permeability Exisi ft Open Specs soil locations,shallow aquiferswith high contamination potential,existing oak stands, Open Space Reserve and proposed/potential greenways and trails. Developed Lands This category represents the developed areas in the watershed where protection and restoration measures may be appropriate.These include implementingnew stormwater management practices in areas not currently served by such practices,as well as retrofitting existing BMPs to improve their water quality benefits. -' Agricultural Lands This category represents those lands currently managed for agricultural purposes such as crop and livestock production and equestrian uses.Policy,planning,and programming recommendations focus on pathways to help implement or enhance the various types of best management practices(BMPs)appropriate for agricultural areas.The U.S. Department of Agriculture-Natural Resource Conservation Service(USDA-NRCS)Field Office Technical Guides comprehensively document conservation practices applicable to the State of Illinois,as well as standards and specifications for these practices. To better frame the policy recommendations while taking into account the local I context,governmental representatives from the stakeholder group completed a coder and ordinance review thatwas based on a worksheet developed by the Center for Watershed Protection.4 The worksheet provided scoring for the extent to which current land use and development codes and ordinances agreed with model principles in the categories of Residential Streets and Parking Lo ts,Lot Development,and Conservation of Natural Areas.As a result of this review,a policy and planning/programming recommendations matrix,based on the green infrastructure framework,was developed (see table below).Specific ordinances and programs that are perdnentto the status of the Blackberry Creek Watershed are highlighted in the full plan document.Local - 4 governments are encouraged to incorporate recommended policies and codeswithin : their existingregulations to offerincreased protection to water resources,and are ' encouraged to collaborate with the relevant entities to implement programs that may luib be beneficial to the watershed as a whole. o , , 4 Center far Watershed Protection(CWP).Better Site Design:AHandbookfcrChanging Development Rules inYour Community. ChkaW MetmpoBtan Efficolt City,MID CWP,1998.ht tp://www.cwp.ora/categorybiog/101-better-site-design-.htmL forPlann' a9�Y m9 800vxYNitrdwf Asn-ISVYS lilt-Ni6tln °e° U90SI2001►.ADa ♦rms-NIPC,nd Kone County(2004).Other Imneis Slrrsms EPA(2004)Co4nty Baundanes-CrrAP 12004) PLAN RECOMMENDATIONS 9 Table 3.Summary of policy and planning/programming recommendations for the Blackberry Creek Watershed GREEN INFRASTRUCTURE FRAMEWORK CATEGORY RECOMMENDATIONS Open Space Reserve µClllry Plamming/Programming ■Open 5pac4 proledion ordinances •Conservartion oaaema:nls ;Open space plan development Farmlil preservst ion ordil -Pura ham or transfer of development rights. *Weilhtad prlrtedion programs *Ordrnil promot ins Fnterconrreclivity of w Munklpal buy-btrck pml;ramat For areas in the 100-year 1ioodplaln *[salt Stand inventory current ly protetteid oveii:,pace •Cteatlon of conservancies of volunteer land stewards 1+3r maintenance and restoration activities in forest preserve and pane district propetties Irn�lerrienter, Cm,lemerrters Murliciparlil nd Cowntiaas Munlcitall es and Counbas.Land trust agerrcles,Fort Presme and Park Ditrulcls,TownaPUpz,Landowl I"•,.rrne t Development Pulley Ptarnin - I'rnyramm C.rl -O"v*xotal wirer+SMAPs are rvquircd fat lands -Protection measures for pre-identified sensitive lands identified ax cnticAf to%owtco water quality -Natural lawn care and sustainable landscape practices protection and recharge w Oak stand inventory •h4nimurn open space reglllrements fear aubdiMisiarns,land-cash donation ordinances "Preservation of existing/mature trees Conservation Desl UD regulations -Landowner stewardship programs •'Bong for/require 9tormwatef rel lign In new development or redrvelrrprl imp�er'-,r�nt�°� w.�.{r7plemeaters Municipalities and Counties Municipalities and Counties,Developers,landowners Developed Lands po iti:y Plan nin n17,ogo,mraing -Pet waste pick-up ordinanceF -Natural lawn care and sustainable landscape practices -Urban greening/urban forestry programs Water Use Conservittlon ordinance -Detention basin inventories and retrofit programs -Oak stand inventory Tree Preservation Ordinances -Rain garden and rain barrel cost-share programs •Landowner stewardship programs -Sustainable road salting and maintenance programs •Audubon Cooperative Sanctuary Program certification for golf courses Implementers Implementers Municipalities and Counties Municipalities,Counties,Forest Preserve and Park Districts,Landowners,Landscape companies,Golf course owners/operators Agricultural Lands °r,Iic v Planning'Programmrng Livesta-Lk facility fitinq laves/ordlnana'ef,an+mal *Agricultural 011 Expansion and better-funding for -Oak stand Inventory waste management ordinance-, USDA-NRCS/SWCD livestock operations management programs -Sealing of abandoned wells -Soil conservation practices -Integrated nutrient and/or pest management planning Imp!arr�enter=_ � Imislfmrile t State,Mpnleipalitles,and C*Utrhlys Landowners,County Farm Bureaus,Soil&Water Conservation Districts,USDA-Natural Resources Conservation Service,USDA-Farm Service Agency,County Health Departments,University of Illinois-Extension 10 BLACKBERRY CREEK WATER5HED ACTION PLAN On-The-Ground Projects Figure 5.Short-term project locations within the Blackberry Creek Watershed Based on the input of the stakeholders throughout the planningpracess plus focused WnWIMW PMMMMe meetings and discussions with staff d officials of municipalities,townships,counties, r --fntn. r ff sa park and forest preserve districts,and homeowner associations,numerous opportunities 1 Campton r+n1■ ---uarsr"r,W Wrg,I I Campton ) �� Sr.Ch.d ca W" were identified to implement projects throughout the watershed with the goal of - protecting and restoring Blackberry Creek and its tributaries.Potential projects were 3 3s 3a ,__.,_. sbrr TWM PoOd LmaWn divided into two categories depending on the time frame in which they might reasonably -- -- - - - be implemented-short-term(within five years of Plan adoption)and long-term(within 2 t- five-ten years of Plan adoption).The short term best management practice(BMP) MUM projects are identified in the accompanyingfigure and table below.They are not listed in any particular order,other than they are generally arranged by location from north to r south.Educational signage projects are included in this"on-the-ground"BMP project list,while education and outreach programs are highlighted in the section below.(The xane+l0r 47 abcrbany long term project list can be found in the full Plan.)Both the short-term and long-term BMP project lists are not intended to be limited only to those identified duringthe planningprocess,but to also provide examples that community members could use I s 14 to conceptualize other similar projects within the Blackberry Creek Watershed.The j expectation is that BMP projects other than those listed in the Plan that provide similar _ _ 31 _ water quality benefits would be eligible for Nonpoint-Source Pollution Control Program T f i North Agora grant fundingfrom Illinois EPA,among other grant programs offered by local,state,and federal agencies and organizations. 1 g;:«8` , ti ��gRack an sugar.Grove I Aurora j Sugar Grova Aurmv I Kane Co. 12 1 d J I MoMyoraary 2s ]f �1 Ke idall Co. VE i p sruw Irtuu M6Ch ,^ITU 0 1 2 1 � Oswego Chicago Metropolitan Agency for Plart ing —'� 3—wrr.,d Pb—ft ti...WAS MM ItM.*.Eare JM=X waW Fedr -Mefeal lhdwNO.,OdUK Yorfcvilte UM rAUX'wlu s6MM-MPC SM Ke xdl7 �49M4900w M"Cft sb -0% Fel � r Na Au-Sa CM PM Ma�r�l PLAN RE COMM FIN pAT10N5 17 Table 4.Short-term projects within the Blackberry Creek Watershed PROJECT MAP# PROJECT NAME OR DESCRIPTION [EPA CATEGORY BMP TYPE LANDOWNERS PARTNERS 1 Headwaters C op5vrvatlorr Arra Nonpoint Other Education(signage) C;trnpla an Tnwa.h1p $04'rCP Educatlarr 2 North Street Bioswales Urban Bioswales Village of Elburn Consultant Other Education(signage) 3 Prairie Park Nonpoint Source Education Other Education(signage) Village of Elburn 4 Mirador Park Nonpoint Source Education Other Education(signage) Batavia Park District Homeowners association 5 v Oak Hill Pond Shvmline 5tatliliizatian Hydrologic Shoreline Protection Homeowners asSSCiaUon Village of North Aurora &Buffer Estal7t shmant Other Buffer,Zgrle Enhancement/Installation 6 Hankes Road Bioswales Urban Bioswales Sugar Grove Township Prestbury Citizens Assoc., Consultant 7 Lake Na tkbCFry Shoreline Stabilization Iiy&1219gie Shoreline Protection Prostbnry Cith"s Assoc_ Cortsultarrt Buffer FstabFlshirtent Other Buffer Zone Installation B Lake Prestbury Buffer Establishment Other Buffer Zone Installation Prestbury Citizens Assoc. Consultant &Shoreline Stabilization Hydrologic Shoreline Protection hlan!kc5 Creek Stabilization& Hydrologic Streambank Protection Pi-embury Cltlzens Assoc, Consultant F4uffcr Establishment Urban Urban Filter Strip 10 Mossfield Right of Way Natural Area Restoration Urban Natural Area Restoration Prestbury Citizens Assoc. 11 Walnut Laee'Nxtural Arna Restoration Urbatrl Natural Area Restoration Prestbury Citizens Assoc. 12 Stuart Sports Complex BMPs for Runoff Reduction Hydrologic Wetland Restoration Fox Valley Park District Consultant &Water Quality Benefits Urban Naturalized Wet Detention,Naturalized Dry Detention,Bioswales,Permeable Pavers, Natural Area Restoration Other Education(signage) Jerlctro LAfie Pfirk CMP5 far Rurooff Reduction Urban Rlo-retention Fads ty,8loswares, Far Valley Park Distrct Cortsuttant F Water CPuroI ity Be"flts Permeable Pagers,Natural Area Restoration, Revegetated Rlparian Zunef Carridpr (.stream buffer) H'ydrotogic Shoreline Pretactlon Other i=ducatiwl(signage) �7 BLACKBERRY CREEK WATERSHED ACTION PLAN Education and outreach Research shows that a watershed plan will have a higher level of long-term support and Throughout the watershed planning process,the stakeholder group discussed the need success if stakeholders are involved in creating and implementing the plan.Through for education and outreach.To continue the momentum from the planning process,the the course of this planning process,several outreach efforts were completed including stakeholder group is considering the formation of a'Watershed Coalition"to oversee the publishing of two brochures and one poster,two open houses to inform the public plan implementation.The coalition will be best served by hiringa watershed coordinator, about the watershed plan,and a networkingevent hosted by the Fox River Ecosystem a position that may potentiallybe funded by the governmental entities in the watershed. Partnership(FREP)inwhich participants toured restoration sites in the Dick Young The watershed coordinator will provide a focused,local approach to watershed plan Forest Preserve in Kane County.Additionally,The Conservation Foundation created a implementation,takinginto consideration regional activities and opportunities.A slide show presentation thatwas used to communicate the planningprocess to municipal summary of educationloutreach recommendations follows: staff,boards,and committees.Awebsite describing the watershed planning process and i.The Watershed Coalition will partner with existing organizations to provide a other relevant resources has been hosted by FREP athttp:ff osrlverecomn;tem.orpJ 5ection3ig grant writingworkshop to assist lead implementers with applications. blackberry.htm. z.The Watershed Coalition will workwith partnering organizations to raise awareness about all potential sources of fecal coliform bacteria in Blackberry Creek and its tributaries. 3.The Watershed Coalition will target landowners and homeowners'associations, especially those identified in the critical areas analysis for fecal coliform bacteria, about proper septic maintenance and warning signs of a failing system. 4.The Watershed Coalition will distribute U.S.EPA's Healthy Lawn care Practices and Reduce Runoff.•Slow it Down,Spread it Out,Soak it In!DVDs to homeowners associations for use at meetings as an educational tool. 5.The Watershed Coalition will continuously work with municipalities to promote _ the use of the CMAP Model Water Use Conservation Ordinance in their respective municipalities. The Coalition will seek to maintain the current Blackberry Creek Watershed Planwebsite hosted by FREP as one of the tools to achieve the above five objectives.Additional tools include brochures,interpretive signs,and public service announcements as well as activities for targeted audiences such as classroom curricula,presentations for homeowners associations,and technical workshops for developers and land use planners on development practices that have minimal adverse impacts on water quality. Figure 6. FREP Noon Network participants spreading prarie plant seed at Dick Young Forest Preserve, Kane County(May 2011). PLAN RECOMMENDATIONS 131 Expected Water Quality Benefits and Costs Timeline and Implementers Sediment or total suspended solids(TSS),total phosphorus,total nitrogen,and fecal A five-year schedule for plan implementationwas developed for each recommendation coliform load reductions were calculated as applicable for each short-term BMP project. category(Policy and Planning,Projects,Education and Outreach)with the assumption Conceptual level engineering cost estimates were based on information available on the that the Plan will be updated every five years.It should be noted that implementation proposed BMP projects,typical design components required for such projects,and unit of projects and programs is based on a variety of factors including,but not limited to, cost information available from other,recently implemented projects in northeastern securingappropriate funding,receivingparticipation from willing landowners and local Illinois.The results are summarized in the tables below. governments,and availability of technical assistance resources. Table S.Short-term project benefits organized by category In addition to short-term projects,the watershed plan also describes numerous policy ]EPA PROJECT SEDIMENT TSS PHOSPHORUS NITROGEN FECAL COLIFORM recommendations.Identified parties are encouraged to consider and implement the CATEGORY (tons/yr) (Ibs/yr) (lbs/yr) (Ibs/yr) (counts/year) Plan's policy recommendations within five years from plan adoption.To help facili tate Hydrologic 51 476 86 209 3E+ii these efforts,CMAP,other organizations,and consultants can provide assistance to communities for those recommendations that are related to comprehensive planning, Other ty 71,360 704 259 2E+12 codes and ordinances forwater resource protection(e.g.,Model Water Use Conservation Urban 0 38359 452 15 2E+11 Ordinance),conservation design,and stormwater best management practices. Totals 62 110,094 1,242 483 3E+12 Implementation of the outreach and education recommendations will be an ongoing effort amongpartnering organizations,agencies,local governments,businesses, homeowners associations,and other groups that are active within thewatershed.It is Table 6:Short-term project costs encouraged tharthe Blackberry Creek Watershed Coalition(successor organization IEPA PROJECT CATEGORY ACCUMULATIVE COST OF SHORT-TERM PROJECTS facilitated by the services of a watershed coordinator)will continue to work with Hydrologic $711.879 watershed communities to support these efforts. Other $4,003,309 Urban $45,946 Additional Information Needs Total $4,261,133 Subbasin-specific water quality and pollutant loadingdata do not exist for Blackberry Creek.To address this gap in information,this watershed plan relies heavily on modeling results to estimate pollutant loads within the watersheds. By zo16,a monitoring system should be implemented throughout the Blackberry Creek Watershed that captures water quality conditions at adequate spatial and temporal resolutions.Stakeholders can partnerwith the Fox River Study Group(FRSG)and Illinois State Water Survey(ISWS)to develop a more robustwater quality monitoring scheme with a goal of achieving an improved understanding of the sources of fecal coliform within the watershed.After such monitoring data are collected and analyzed,the source of contamination in terms of origin(s)and geographic location(s)should be better understood.Watershed stakeholders can then reevaluate the Plan's recommendations and make appropriate adjustments to priorities at that point. 14 BLACKBERRY CREEK WATERSHED ACTION PLAN Acknowledgments This projectwas made possible by Section 604(b)ofthe Clean Water Act,as amended, and the Illinois Environmental Protection Agency,Bureau of Water,which distributed funds to the Chicago Metropolitan Agency for Planning(CMAP).CMAP,the regional planning agency for the seven counties of northeastern Illinois and the delegated authority for the region's areawidewater quality management plan,led the planning process.Support was also provided by The Conservation Foundation and the Fox River Ecosystem Partnership. This plan was prepared for the Blackberry Creek Watershed Coalition that formed at the beginning of the planning process.The many contributors to this planning process include the Cities of Aurora,Batavia,and Yorkville;Villages of Elburn,Montgomery, North Aurora,and Sugar Grove;Kane County Development,Environment,Water Resoures,Transportation,and Health Departments/Divisions and Forest Preserve District;the Kendall County Planning and Transportation Deparrments and Forest Preserve District;the Kane-DuPage and Kendall County Soil&Water Conservation Districts;Blackberry,Campton,and Sugar Grove Townships;Sugar Grove Water Authority;Waubonsee Community College;Cannonball Trail Civic League;Prestbury Citizens Association;Batavia,Fox Valley,Geneva,and Sugar Grove Park Districts;Illinois DNR;and iocal consultants. Ab out CMAP The Chicago Metropolitan Agency for Planning(CMAP)is the region's official comprehensive planning organization.Its GO TO 2040 planning campaign is helping the region's seven counties and 2,84 communities to implement strategies that address transportation,housing,economic development,open space,the environment,and other quality of life issues.See www cmay.illinois.gov for more information. � - d i i Ls : a 1 , f 3 - do -1 em ladPWT Jib Aid V -- — - - A&L A