Montgomery County, PA

How can we balance the constitutional right of the landowners to develop their property with society’s desire for open space? When we looked at this problem in 1991, we established some basic ground rules. First, any approach developed must preserve the economic value of the land. For the landowner, that means if a property is zoned for two-acre residential building lots, then the landowner should be able to develop at full density and receive full value on the land. The second ground rule: open space, not houses, should be the dominant feature after development. How did we reconcile these two goals? Cluster zoning.
Cluster zoning has been around for some time. In fact, many county municipalities have had cluster zoning on the books for decades. The idea behind cluster zoning is simple. Instead of putting homes on one-acre lots in a one-acre zoning district, cluster the same number of homes on much smaller lots and set aside the remaining land as open space. The open land can be dedicated to the municipality for a park or become part of a greater open space network of stream corridors or a trail system. In most cases, however, the open land will be maintained through a homeowners association. In either case, the open land can never be developed. Cluster zoning provides a win-win scenario. Property owners are able to maximize their return on the land, while society benefits by having some permanently preserved open space.
If cluster zoning is so good, why hasn’t it been used more often? Actually, it has been used. You might not recognize a cluster development because the 10 to 20 percent open space requirement is just not enough to guarantee usable, visible open space. Our goal was to have open space be the dominant feature after development.
We believe the Land Preservation District accomplishes this goal. The LPD requires 75 percent of the land to be permanently preserved as open space. (We concluded that for open space to be dominant, it must comprise at least 70 percent of the land.)
The large open space requirement is what makes this ordinance special. With 75 percent open space, only 25 percent of the land will be used for roads, driveways, and houses and yards. Site design flexibility is greatly enhanced. Environmental features, such as woodlands, steep slopes, and stream corridors, can be protected. Developers can take advantage of site characteristics to ideally locate homes. Everyone benefits. The property owner gains financially, and the community gets permanently preserved open space.
There are obviously two parts to an LPD development—the open space and the houses. When we developed the LPD, we intended the new homeowners to benefit from the preserved open space as much as the greater community. The LPD ensures that each new home either backs up to or fronts public open space. Other standards, such as requiring neighborhood open space, limiting the number of homes per neighborhood, and requiring sidewalks, all work together to enhance the quality of life.
To help people understand the LPD, and to assist municipalities seeking to adopt the ordinance, MCPC developed supporting documents. These include zoning and subdivision standards, homeowners association guidelines, open space management guidelines, and sewage treatment alternatives.
We all benefit from the open spaces in the county just as we benefit from the job centers, shopping malls, homes, and neighborhoods. Without the open space, the county would be a lesser place. Communities can use the Land Preservation District to save open land while preserving a landowner’s development rights.

"The long-term management of LPD open space can tie into the communitywide vision for open space."

Your LPD Open Space Options

The Land Preservation District preserves open land, sensitive natural areas, and rural community character. It permits residential development as small compact neighborhoods surrounded by large amounts of open space. Neighborhoods are located to protect natural features such as farmland, woodlands, stream valleys, or scenic views. The LPD provides maximum design flexibility for preserving meaningful open space on a tract of land.
Communities and developers frequently ask about what should be done with the LPD’s required 75 percent open space. Should the open space be kept natural or used for recreation? What uses are suitable for community residents and the municipality overall? What uses can the land support? Should a meadow be preserved or allowed to grow up into a woodland? If farming is to continue in the open space, what mitigation measures are needed next to residents? Should meadows be planted rather than manicured lawns? A landscape management plan for the open space can answer these questions. This plan identifies how the open space will be used and managed to meet LPD goals and municipal goals. The LPD can be tailored to fit a municipality’s open space plan.
Comprehensive open space planning is critical to successfully implementing an LPD. Open space planning targets open space areas and natural features that a municipality wants to preserve and enhance. Using the open space plan as a framework, a municipality can successfully implement the LPD because it has identified and prioritized where open space should be saved and how it should be used.
MCPC created the brochure, "Open Space as a Resource in the Land Preservation District" to help communities address the open space issues. This brochure looks at the role of open space planning in municipal comprehensive planning, options for the physical use and management of the open space, types of landscapes that can be preserved or created in the open space, the function of a landscape management plan, and how the long-term management of LPD open space can tie into the communitywide vision for open space.

Sewage Treatment Alternatives in the LPD Neighborhood

Public sewage systems are limited or nonexistent in open and rural areas. LPD neighborhoods must be served by adequate sewage facilities (individual, community, or public). Public systems will be possible only where an existing sewage collection line is close enough for connection. Individual systems will be possible where soils are suitable. On more constrained sites, community systems will be the most likely alternative.
This doesn’t mean small-scale "package" treatment plants are the only option. Community systems also include community sand mounds and lagoon systems with spray irrigation. Spray irrigation systems recharge groundwater and are well suited to LPD development.
Every system needs ongoing operation and maintenance. The municipality or homeowner’s association is responsible for these activities. This responsibility doesn’t have to be burdensome. Homeowner fees could be used to hire a private company.
Unavailability of public sewers should not be viewed as a deterrent to LPD development. We have two reports that look at sewage treatment alternatives: Sewage Facilities, Understanding the Alternatives and Land Preservation District Sewage Treatment Alternatives.

Want to Know More about the LPD?

We’re all set to visit your community with a presentation on the LPD. Our slide show gives a comprehensive overview of the district. It focuses on the ordinance elements, gives examples of cluster developments, and explains the benefits of the LPD. Give one of our presenters a call if you’re interested.

Brian O’Leary (610) 278-3728
Holly Mager (610) 278-3972
John Cover (610) 278-3741

Resources

Land Preservation District: Model Zoning Provisions by the Montgomery County Planning Commission.

Land Preservation: Old Challenge... New Ideas by the Montgomery County Planning Commission.

Land Preservation District: Land Development Standards by the Montgomery County Planning Commission.

Guidelines for Successful Homeowners Associations by the Montgomery County Planning Commission.

Guidelines for Open Space Management in the LPD by the Montgomery County Planning Commission.

Sewage Treatment Alternatives for the LPD by the Montgomery County Planning Commission.

Design and Management Handbook for Preservation Areas in Lower Merion Township by the Natural Lands Trust.

If you know an individual or organization that would be interested in receiving Planning Perspectives,
please let us know.