OPEN SPACE PRESERVATION
There are many options for open space preservation, and there is no one right way for every landowner and every piece of land. Some options require that the town change its laws and regulations, some that the town spend money and others may just require that landowners be informed about existing options that make preservation of their land feasible. These options are discussed below.

REGULATORY OPTIONS
Under existing state laws, the town has a great deal of authority to regulate and guide how and where land gets developed and preserved. Zoning is the most common of the regulatory tools, but conventional zoning (called "Euclidian zoning") basically regulates density and use, and envisions that all undeveloped land in the town will be developed. Current zoning laws are often out of date, as they were enacted when there was more available land to develop, and the pressure on open space was not so great. Other regulatory tools involve regulations on the use of certain kinds of land, such as wetlands and steep slopes. Some of the changes in our current regulations that could help preserve open space in New Castle are discussed below.

a) Large Lot Zoning
Much of the remaining open space in New Castle is zoned for 2 acre development, while many of the surrounding towns in Northern Westchester have zoned much of their open space for 4 acre development. Larger lot zoning would lower the density of development, but would not preserve any large open space areas. Additionally, it could drive the cost of housing even higher, maybe beyond the level that would accommodate most of our townís current residents ultimately changing the character of our town in ways that might not be beneficial. Larger lot zoning combined with mandatory cluster zoning (discussed below) can help preserve some less fragmented areas of open space.

b) Mandatory Cluster
The town can require that a developer "cluster" new homes on a part of a parcel being developed leaving another area undeveloped. Clustering provides for a developer to construct homes on smaller lots and preserve greater amounts of open space within a parcel than normal zoning allows. Under conventional large lot zoning (see above), a 40 acre site in an four-acre zone might be subdivided into 10 four-acre house lots. Under a cluster plan, the homes may be built on two- or one-acre lots in a "village-like" style, with 20 or more acres preserved as open space.

c) Overlay Zoning
Overlay zones are like "historic districts" or "aquifer protection zonesî in that important areas are identified on the town zoning map as "overlay zones", and new development within these zones has to meet additional standards to ensure that the resource characteristics are not impaired. Within a designated overlay district, the town may, for example, institute greater set-back requirements, or viewshed analysis, or overlays could invoke Mandatory Cluster or Transfer of Development Rights (see below) provisions. Resources such as scenic roads, scenic views, trail systems, stream corridors, and wetland systems are all examples of natural resources that are sometimes protected by overlay zoning. New Castle is considering an overlay for both the east and west sides of town in the currently less developed areas,

d) Transfer Of Development Rights
The town can designate "preservation areas" and "growth areas" and allow the transfer of development rights from the preservation areas to the growth areas. Developers who purchase the development rights (similar to conservation easements) from the preservation zones are given special incentives to develop within the growth zones such as the right to build to a higher density than the zoning normally allows, or a guarantee of faster permit approvals. Towns can use a Community Preservation Fund to acquire these "development rights" from land owners within the preservation zone for later resale to developers wishing to develop within the growth zone. This has the advantage to the town of providing permanent protection for land without cost to the town. However, the town must first identify areas to which increased density can be shifted without unfairly burdening one area of town to benefit another.

e) Changes In Environmental Regulations
Regulations designed to enhance protection of the townís remaining forested lands and its undeveloped steep slopes and wetlands could, in some cases limit the density of development on some parcels. For instance, wetlands that are adjacent to steep slopes might warrant greater wetland setbacks, and some important wetland resources, such as vernal pools, could be better protected from stormwater runoff. Such changes would be designed to enhance resource protection, but in some cases, would help preserve open space as well. Stricter enforcement of existing regulations might also provide some open space benefits as well as resource protection. Where development projects require permitted incursions onto steep slopes or wetlands, the town could set a higher standard of review, for instance not allowing disturbances of any sort in the wetland setbacks, or providing stricter protections for slope areas in return for permits. These changes, designed to enhance resource protections, could also protect the character of an area from the impacts of development.

f) Property Tax Reductions
Towns can provide property tax reductions for land subject to permanent protection, such as land set aside as open space, or land subject to a conservation easement. This could induce property owners to protect land by making it more affordable for a landowner to hold undeveloped land permanently. However, property tax reductions on one piece of property have to be made up by other property owners. Land that is not developed, of course, puts less of a burden on the town and the school district for services, and the smaller tax burden may well justify a smaller tax. The criteria for such a tax reduction has to ensure that the reduction is meeting the purposes that the town intends. Some towns using this method of preserving open space set out preservation areas within which landowners can apply for a tax abatement subject to a public hearing and town resolution. Statewide property tax reduction programs have already been implemented to protect forest and agricultural lands.

TOWN ACQUISITION: FINANCING OPTIONS
Towns can buy land outright for passive recreation or open space preservation just as they do for town services and for active recreation such as ball fields and playgrounds. Towns can also buy conservation easements (basically buying the development rights to property leaving the undeveloped land in private ownership) or can participate in bargain sales or in limited development agreements in which some of the development rights are purchased and a smaller area is developed. Towns can raise funds in various ways to pay for open space acquisition.

g) General Obligation Bonds
Towns can sell municipal bonds to borrow funds that are used to acquire open space. Property taxes generally cover the expense of paying off the long-term (often 20 years) principal and interest cost of the bonds. This is the "usual" way municipalities pay for capital projects (e.g., roads, schools, sewers, etc.). A low-interest rate economic climate and the townís good credit rating favor this technique, as it keeps the cost of borrowing low.

h) Real Estate Transfer Fee
With state legislative authorization, the town can assess a fee on select real estate transfers to generate an ongoing revenue source for a Community Preservation Fund. Some communities have instituted a fee of between 1 and 2%, which can be assessed to either the buyer (commonly) or the seller. Often certain sales are exempted or a certain amount of each sale is exempted, for instance the first $150,000, in order to maintain housing affordability at the lower end of the market. Transfer fees tie open space preservation with real estate turn-over, and since the funds are used to preserve land, people buying property in the community make a one-time investment in their town's open space. In time periods when the real estate market is active, a transfer fee can raise significant resources.

i) Other Sources
There are also other public entities sometimes willing to contribute to certain kinds of open space acquisition such as New York City, especially for land within the Kensico Reservoir watershed, or Westchester County or New York State. Often such entities are more willing to contribute if their contributions are ìleveragedî by local money.

VOLUNTARY CONTRIBUTIONS OF LAND OR CAPITAL
Land owners may agree to give or sell their land, or to donate a conservation easement, to the town or to a land trust, and can receive significant tax incentives for doing so. Landowners can participate in ìbargain salesî to a town or a land trust, foregoing some of the profit even if they cannot afford to donate the land outright.

j) Donations Of Money For Acquisition
"Private fund raising", raising money from private individuals, businesses, or charitable foundations to buy land dedicated to open space is sometimes an option, especially where the money is ìleveragedî with public contributions. Private fundraising may be particularly effective when a particular parcel has been identified and can be the focus of a fundraising effort.

k) Conservation Easements
Land owners can enter into an agreement with a land trust or the town to permanently keep their land open with no development, or with limited development, by placing a conservation easement on the land. The land remains in private ownership, and there is great flexibility in what the easement can provide. If the easement meets certain requirements, the landowner receives substantial income and estate tax advantages. As mentioned above, a town could also provide ongoing property tax advantages to land under conservation easement to provide further encouragement.