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FREQUENTLY ASKED QUESTIONS

1) Developing new houses leads to a larger tax base and a lower tax burden for homeowners, right?

2) When can a developer's petition be denied?

3) What is a dedicated tax on property transfer sales and how does it benefit my neighborhood?

4) What is a Conservation overlay zone and why do we need it, we already have too many regulations?

5) What is a conservation easement?

6) What parcels currently have applications before the Planning Board?

7) Are preservation and development mutually exclusive?

8) What process do developers need to go through to develop a property?

9) What can developers do to facilitate good developments and expedite approvals?

10) How can an individual property owner set aside some land for nature?

11) What is the difference between Cluster development and Conservation development?

12) What can one person do?


1) Developing new houses leads to a larger tax base and a lower tax burden for homeowners, right?

Answer: Believe it or not, development is a tax liability for most towns, not an asset. Studies from Maine, Connecticut, New York and California have proven that undeveloped or minimally developed land (Open Space) is a positive economic contributor to a community.

The logic behind this reasoning is based on the savings in municipal expenses required by Open Space. The cost of delivering police, fire, sanitation, schools, and infrastructure to a residential subdivision far out-weighs the revenue the Town would collect from the new homeowners. Even in cases where a property is taken off the tax roles, preservation represent a net gain over development.

Properties adjacent to, or nearby, Open Space increase in value and therefore incur higher taxes without raising town service costs. After a period of time, this additional income can even offset the revenue lost through Open Space acquisition. For example Conservation Subdivisions, which include Open Space land by design, appreciate 12.7% faster than subdivisions without Open Space.

All forms of pollution are naturally controlled in Open Space areas. Particulate concentration is reduced through natural water filtration, and vegetation reduces noise, and moderates temperatures. The public health, safety and welfare are all therefore enhanced.

2) When can a developer's petition be denied?

Answer: Never. Property owners have rights, and some form of the project will inevitably be built. However, the Town can minimize the impact of development through tighter control of the approval process, conservation layouts and targeting acquisition of key properties.

3) What is a dedicated tax on property transfer sales and how does it benefit my neighborhood?

Answer: From the section on Preservation/Transfer Tax

4) What is a Conservation overlay zone and why do we need it, we already have too many regulations?

Answer: While we may have too many regulations, you may have noticed that much of the character of our town is disappearing anyway. Overlay zoning allows Town officials to be more specific with respect to protecting Open Space views and values in areas where these values are endangered.

Also see: the section on Preservation/Conservation Overlay Zoning
Also see: http://www.law.pace.edu/landuse/overlay.html

5) What is a conservation easement?

Answer: From the section on Preservation/Conservation Easements
Also see:
http://www.law.pace.edu/landuse/lndtrs.html

6) What parcels currently have applications before the Planning Board?

Click here for a list of pending applications.

7) Are preservation and development mutually exclusive?

Answer: No, but development needs to be planned. That means we need to establish the framework for directing and encouraging development of the right type in the right location.

http://www.law.pace.edu/landuse/pud.html
http://www.law.pace.edu/landuse/bpud.html

8) What process do developers need to go through to develop a property?

Answer: The State Environmental Quality Review process. (SEQR) provides municipalities with very specific guidelines for subdivision development.
For more information see:
http://www.law.pace.edu/landuse/sub.html
http://www.law.pace.edu/landuse/seq.html

9) What can developers do to facilitate good developments and expedite approvals?

Answers Get the ACOSs' and neighbor's input early in the development process. Communication between developers and the community leads to better expectations on both sides and a more streamlined SEQR process.

10) How can an individual property owner set aside some land for nature?

Answer: From the section on Preservation/Voluntary Contributions of Land or Capital

11) What is the difference between Cluster development and Conservation development?

Answer: Essentially there is no difference except that many past clustering projects in Westchester were poorly conceived and gave the practice a bad name. However, when the clustering of development is driven by the purpose of preserving natural characteristics responsible growth can be accomplished.
Also see: http://www.law.pace.edu/landuse/cluster.html

12) What can one person do?

Sign the survey, e-mail the Town Board and Planning Board, e-mail ACOS

   
The ACOS advises New Castle's Town Board and Planning Board on the development management
and protection of the Town's Open Space resources.
© 1998, 1999 The Advisory Committee on Open Space
Last update: 4/10/99