HOW TO DEVELOP AND MANAGE A COMMUNITY GREEN IN EXISTING NEIGHBORHOODS

Developing a community green in an existing neighborhood is much more complex than developing one from scratch where residents will be buying into a development. In existing neighborhoods zoning ordinances and various regulations may impose limitations on how easily or swiftly residents will be able to create a community green. In addition to this challenge, other neighbors may not like the idea of a community green. Because of these facts, we have to assume that interested residents will need create a community green via a number of different routes and will pass through a number of different phases in the planning, creation, and management of a community green.

Phase I: The Idea

You’re excited about the concept of a community green and want to create one on your block. What do you do to start?

1) Talk with your neighbors. Speak with your neighbors about the benefits of a community green, their interests in having one, as well as their concerns and fears about them. Many fears can be addressed once they are aired. Show your neighbors the PowerPoint presentation found on the Community Greens website (www.communitygreens.org/Resources/cgpresentation.pdf). It provides a good overview of community greens. When a critical mass of interested neighbors is attained, you can begin the process of creating your green.

2) Organize your neighbors into teams. If you have enough neighbors interested in creating a large green from existing backyards and merely want to merge your backyards by tearing down existing fences, check with your local officials that it is permitted to do so. (If it is not permitted, see “Municipal Approval” below.) Assuming that there are no restrictions, break your neighbors into teams so that the division of labor is distributed. The teams will need to cover activities ranging from doing the actual physical labor to estimating any new landscaping costs to planning for on-going maintenance of the space to thinking through any legal issues. Designate team captains responsible for each of these teams and have regular meetings to discuss progress and challenges.

3) Design Around the Holdouts. If there are people on your block who aren’t interested in joining the green, that’s okay. As long as two of them who abut one another back-to-back do not block access, you can design around any holdouts and still create a very interesting and aesthetically pleasing space. If two of them do abut, you may be able to convince one or both to cede just two to four feet each which would allow for easy passage of residents from one area to another. For more ideas about designing your space, see below “Designing Your Space”.

Assuming you have no zoning or other regulation impediments, it is time for you to get to work! Roll up your sleeves and create your green! Please see our section below on how to manage and maintain your green for the future.

Phase II: Municipal Approval

Let’s assume that you live in an area where you are not allowed to tear down your fences or you want to convert an alley or other largely covered (i.e., non-dirt) area into a community green. Chances are you will need to get approval to move forward. Working with the neighbors that are part of your “zoning/legal team”, craft a plan to address your specific challenges. Make sure you set realistic expectations regarding the amount of time and effort it will take to address your challenges and don’t get easily discouraged.

1) Zoning Variance. In most instances, challenges to creating your green will be due to existing zoning ordinances. You may want to change those ordinances or obtain a variance. Find out from your zoning board when they meet and how you can best get on their schedule to present your case. Ask them to outline for you all the steps you must go through in order to make a convincing and credible presentation.

2) Alley closings. If you want to close an alley, you will need to contact your

city officials and find out what regulations govern the closing of alleys in your city. Many cities have alley-closing programs that focus on dealing with “nuisance alleys”. Some cities, like Los Angeles, have uncomplicated alley closing programs and will cover the costs of closing and converting the alleys to alternative spaces. Others, like Baltimore, have complex rules governing the closing of alleys and expect abutting property owners to bear the expenses of closing and converting alleys.

In order to successfully close an alley, especially if it is not a common occurrence in your city, you may need to line up the help of your city council member or state representative as well as a host of neighbors and perhaps even non-profit groups such as community development corporations. They too may be interested in closing alleys in their neighborhoods. The more support and strength you demonstrate, the better your chances will be of getting your request approved.

3) Design Consideration. Although designing your space is not a legal issue, it is as important and needs to be given as much attention. Different designs will have different impacts on the green as well as how people use it and how they come to feel about it. Since you will be starting from scratch, you may want to employ the services of a professional landscape designer to help you think through the types of effects you want the space to have on its residents and to what extent you want to use only native plants. Different landscaping designs will encourage different uses of the space.

It is important to have a mix of trees, which provide shade and filter the view of nearby dwellings, along with grass, which establishes a verdant environment and is great for ballgames and picnics. Flowers, shrubs and sunny vegetable plots will also beautify the garden and ensure varied community usage. For children, it may be important to include play equipment and structures or hard surfaces. For adults, it is important to include walkways, benches, and tables that encourage interaction. Seasonal variations of sun and shade should also be taken into account when choosing plantings.

Also, you will want to be sure to grade the space correctly to ensure that with heavy rains or snows it will drain properly. As part of the plan, access to a water spigot will also be needed.

As noted below, there are several other design considerations that you should keep in mind when planning the space:

a) The community green should be bounded by the dwellings it serves. It should be enclosed by the dwelling units on at least two if not all four sides. It is very important that the space feels private and “defensible”. This encourages a sense of ownership over the green and it gives residents a stronger sense of security. Homes should overlook the green and windows, balconies, and decks should be located so that family members can keep an eye on those on the green. A community green could also be woven into the fabric of a large community, by creating a green sward throughout the development onto which the backs of homes abut.

b) Entry points into the community green should be designed to reflect that it is a private space. A community green should not appear to be a public park. Openings into the green from the street should signify that one is entering a private space. Some examples of entry points that do this are: a gate, a gateway or symbolic structure, or a narrow sidewalk. Residents are likely to know how much security they need between the community green and the public space such as whether a gate should be kept locked or unlocked. If it is locked, keys must be given to local officials, including, at a minimum, police and fire.

c) The dwelling units that abut the community green should have accessible and functional private outdoor space that faces the community green. It is important for each abutting unit to have a bit of private space emanating from their dwelling onto the green. This space could be a deck, patio, balcony, porch, or small backyard. If possible, a deck or balcony should have stairs

that lead down into the community green.

d) There should be a buffer between the private outdoor space of the dwelling units and the shared space of the community green. This buffer could consist of a low fence or wall, low plantings, pavers, or a combination of these. A fence or wall should have a gate in it that provides easy access to the community green.

e) The community green should be human scaled. Residents will be less likely to use the green if it is too small or too vast. Very large spaces can be made to feel smaller and more private with a careful use of landscaping.

f) To the extent it is possible, the greens should be organic, use only native plant species, and become mini-habitats for birds, insects and small wildlife. Many of our waterways are in trouble due to the run off of excessive fertilizers, herbicides and pesticides. By going organic, using integrated pest management along with companion plantings, you can avoid contributing to this problem. Also, invasive plant species have altered ecosystems throughout the United States. By using only native species you will help curb the influx of these invaders. Birds, insects, and small wildlife have all had their habitats reduced over the years. You can help sustain these creatures by creating mini-habitats for them. For aid in designing backyard habitats, contact the Backyard Wildlife Habitat program of the National Wildlife Federation. Click on the web site: http://www.nwf.org/backyardwildlifehabitat/).

Phase III: Planning for the Future and Managing Your Space

If your community green has been informally developed by neighbors and each homeowner has retained title to their parcel, then some sort of entity, such as a club or homeowners’ association, needs to be created to ensure that the common space is properly cared for now and into the future. If you have had to work with the city to close an alley or other space and have obtained title to said space or if you have obtained title to part of each others’ backyards, you will want to have a more formal arrangement for owning and managing the space.

1) Non-Title Action. If all residents are retaining title to all of their space but want some sort of legal mechanism that will preserve their green for future generations, then there are a number of legal options they could take:

a) Deed restriction. You can place a deed restriction on each residence encumbering it in such a way that the construction of fences or other structures (sheds, expansions) will be limited.

b) Conservation Easement. You can place a conservation easement on the property that would provide the same thing. This easement would need to be held by a third party such as a land trust, CDC, or government agency. Owners could receive tax benefits for placing an easement on their property.

c) Reciprocal Easements. Neighbors could go through the process of creating and recording reciprocal easements on each other’s properties.

2) Title Action. Let’s assume for a moment that residents either take title to new land through an alley conversion process or they decide to cede part or all their backyards to the community green. There are a number of ways in which title could be held:

a) Community Development Corporation. A local CDC may be interested in holding title to and managing the green. This option would make the most sense in an area that is undergoing redevelopment. Often in blighted areas CDCs have experience in managing community gardens and tenants and that experience could easily be translated into managing a community green.

b) Land Trust or Home Owners Association. Alternatively a third-party land trust could hold title to the property or the residents could self manage via a homeowners’ association that they set up. To find a land trust near you or to learn how to set one up contact The Land Trust Alliance in Washington DC (www.lta.org).

In all instances, you should seek the prior approval of your mortgage lender. You may need to reassure them that the value of your homes will increase over time.

3) Management Plan. In either instance, there needs to be common understanding among residents as how to the green will be maintained and operated. Certain basics must be included in each management plan, including the following:

1) By-laws and elections of officers.

a. The means by which the title holding entity will be run must be made clear.

b. Election of officers must occur at agreed intervals and terms must run for a specified period of time.

2) Usage of the green.

a. Certain spaces may be devoted to adults, or children, or pets – these uses must be agreed upon.

b. There may be restrictions on the hours of garden use.

c. Residents who want to hold parties or special events in the garden may have to get approval from other residents, or “sign up” in advance for use of the space.

d. The types of plantings also need to be agreed upon.

3) On-going costs.

a. A budget will need to be drawn up for on-going routine maintenance costs such as lawn cutting as well as fall and spring clean ups.

b. A process must be in place if special one-time assessments or unexpected costs arise.

4) Voting and dispute resolution.

a. Meetings and votes for officers and other matters must be undertaken on a regular basis

b. In the event that disputes arise, arbitration or mediation should be considered.

Phase IV: Spreading the Word

Now that you have created your green and watched it blossom and mature along with a newfound sense of neighborliness and community, you should feel proud of your achievement.

If you wish to share your accomplishment with others, you can have your community green be part of local home and garden tours. You could also notify your local press and have them write articles or produce television segments about it.

You can also work to change zoning laws and incentives in your area to help others create community greens on a city or statewide basis. For information and ideas on appropriate incentives and policies that you could help cities adopt, please see our document “Policy Recommendations for Cities”.