Glossary : WeConservePA Library

A model used for calculating the location of the Earth's center. This center calculation is used as a reference point in establishing coordinate locations, such as latitude and longitude, on the Earth's surface.

Pennsylvania Department of Conservation and Natural Resources Established on July 1, 1995, the Pennsylvania Department of Conservation and Natural Resources is charged with maintaining and preserving the 117 state parks; managing the 2.1 million acres of state forest land; providing information on the state's ecological and geologic resources; and establishing community conservation partnerships with grants and technical assistance to benefit rivers, trails, greenways, local parks and recreation, regional heritage parks, open space and natural areas. http://www.dcnr.state.pa.us

Clauses or restrictive covenants, placed in a deed when land is transferred, limiting the future uses of the property. Deed restrictions may impose a vast variety of limitations and conditions. For example, they may limit the density of buildings, dictate the types of structures that can be erected or prevent buildings from being used for specific purposes or even from being used at all. Deed restrictions differ greatly from and are usually a poor substitute for conservation easements in protecting land for public benefit. (However, they can be quite satisfactory for use by adjacent private landowners where the one property is to benefit by the restrictions on the neighboring property.) Typically in deed restrictions, no third party is granted the right to monitor and enforce the restrictions placed on the land and other safeguards are missing to ensure that the restrictions are respected. History demonstrates that deed restrictions often fail because those in support of continuing the restriction do not have legal standing to seek enforcement of the restrictions in court. History shows numerous examples of municipalities, churches, universities, hospitals and other nonprofits lacking a substantial conservation purpose getting deed restrictions lifted by a judge so that they can sell or develop a conservation-restricted property.

Density incentives are a useful tool for local govern-ments to provide community amenities or other bene-fits through the SALDO process. In return for afford-able housing, recreation facilities, or transportation improvements, developers may be eligible for reduced parking or setback requirements, or higher densities. Density incentives are used in tandem with many of the other zoning approaches below.

Pennsylvania Department of Environmental Protection The Pennsylvania Department of Environmental Protection (DEP) is the state agency largely responsible for administering Pennsylvania's environmental laws and regulations. Its responsibilities include: reducing air pollution; making sure our drinking water is safe; protecting water quality in our rivers and streams; making sure waste is handled properly; supporting community renewal and revitalization; promoting advanced energy technology; and helping citizens prevent pollution and comply with the Commonwealth's environmental regulations. DEP is committed to general environmental education and encouraging effective public involvement in setting environmental policy. http://www.depweb.state.pa.us

The right to develop a property in accordance with local land use regulations. A development right can be extinguished or relinquished through a conservation easement, or transferred to another property through a statutory transfer of development rights program. [Source: West Virginia LandTrust, Frequently Used Terms: http://www.wvlandtrust.org]

A donation of property in a will [source: Selling or Donating Conservation Lands, Chelan-Douglas Land Trust: http://www.cdlandtrust.org/gift%20or%20sales.html]

In conservation easement work, a court-imposed doctrine, similar to cy pres, that permits the modification or termination of restrictions on the land if the surround area or circumstances have changed so that the restrictions can no longer fulfill their original purposes. In conservation easements, economic changes are generally not considered justification for modification or termination. [Source: Elizabeth Byers and Karin Marchetti Ponti, The Conservation Easement Handbook, Published by the Trust for Public Land and the Land Trust Alliance, 2005.]

n. The intent to make a charitable contribution. The test for donative intent is whether the value of the goods and services received (if any) is less than the value of the funds or other property transferred to the charitable organization.