[Hvcatskillcewg] Subdivisions

[Sue Currier]

Hi,

 

We are also proponents of the Conservation Sub-divisions - promoting
workshops for the townships.   Like you, I believe that when done correctly,
the open space is identified up front and should be of sufficient size and
benefit for us to hold - not the scraps (we have turned down many a request
for a one or two acre lot in a development - which isn't a conservation
sub-division - and I think the by-laws of a HOA requiring a high % (80%)
vote - landowners and mortgage holders - to develop is a good alternate
protection).   

 

I share you concern about the liability burden of stewarding and enforcing
an easement being borne by the township.   As we all know, it's not rocket
science, but it is a substantial obligation.   So I'm hoping with education
we can help the townships encourage the developers to identify parcels that
meet our minimum criteria.  We also encourage townships to write zoning
ordinances that require the easements be held by a local land trust and meet
minimum goals.  

 

We have however been taking the opposite tack of you and encouraging the
developer to separate out the 'conservation areas'.  It is our belief that
the opportunity to protect stream corridors etc is enhanced if it is one
owner - be that on one odd shaped parcel or in a HOA (with perhaps a public
trail) than to have each parcel and each landowner need to think about soil
erosion and pesticide use polluting the stream, etc.  We will see if this
tactic works.  

 

I'm interested in what others have seen.

 

Sue

 

Sue Currier

Executive Director

Delaware Highlands Conservancy

www.delawarehighlands.org

info at delawarehighlands.org 

570-226-3164

 

From: hvcatskillcewg-bounces at lists.ltanet.org
[mailto:hvcatskillcewg-bounces at lists.ltanet.org] On Behalf Of Carissa
Haberland
Sent: Tuesday, March 27, 2007 11:41 AM
To: hvcatskillcewg at lists.ltanet.org
Subject: [Hvcatskillcewg] Subdivisions

 

Hello Everyone-

 

Here is a topic for a little coffee talk...

 

Many of the Town Planning Boards are encouraging "conservation
subdivisions". To be over simplified, they grant a smaller lot sizes to the
developers (higher concentration of homes) if they leave a greater
percentage of the parcel undeveloped. In many cases the "open space" of the
subdivision is left as a separate parcel in the end of the process. The Land
Trust is frequently approached to accept a conservation easement on the
"open space", which usually ends up in the ownership of an HOA, or accept
the donation of the parcel fee simple. (As a completely unverified and
speculative observation, I have  noticed several of these up for tax sale.)

 

Anyway, the Land Trust has made it quite clear that we are not interested in
taking on responsibility of what is frequently the scraps of development. We
have expressed to Towns and the County that our involvement in any
development projects should be up front and our goal is to protect the
resources completely, not partially. As a result of the amount of these
requests, I am asking that our organization establish a separate set of
criteria for conservation subdivision projects that we will participate in
but I feel we need to do something more to help out the Towns.

 

I tend to lean toward NOT encouraging Towns to hold easements but with these
subdivision situations it does not make sense for us to hold them. I am
thinking of encouraging the inclusion of the conserved area into the
individual lots rather than keeping it a separate parcel. Is it something
you all feel the building departments or other departments of towns would be
better able to enforce and maintain if flagged properly?

 

Talk amongst yourselves...

 

Carissa

 

Carissa D. Haberland

Director of Stewardship Programs

Orange County Land Trust

P.O. Box 2442

Middletown, NY 10940

(845) 343-0840

(845) 341-0898 (fax)

carissa at oclt.org

www.oclt.org <http://www.oclt.org/> 

 

P  Please consider the environment before printing this e-mail

 

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