D.R.O.P.S. Development-Related Outreach Program for Sustainability

1. D.R.O.P.S.Development-Related Outreach Program for Sustainability Open Space Cornell Law School Water Law and Land Use Clinic Fall 07-Spring 08, Professor Keith S. Porter Liz Leaderman – Open Space

2. 4 Development Goals • Preserve rural character • Prevent flooding • Protect water quality & sustain groundwater • Prosper from economic growth

3. Open Space • What do YOU think open space is? • Is it a pocket park, a forested area, a leach field? • How big is it, an acre, 50 acres, 100 acres? • Is it farmed or used for forestry? • Is it public or private? • Why is it good? • natural resources protection • town aesthetic and rural character • active or passive recreation • When do open space issues arise? • in comprehensive planning • In water resources planning • in cluster development zoning • In site plan approval

4. Legal Instruments • Conserving riparian buffers and other open space • Deed Restrictions • Conservation Easements • Special Districts • Ownership in Fee Simple • Public Private Partnerships

5. Deed Restrictions Individual or Home Owners Association (HOA) • Pros • Flexibility • Cost • Cons • Durability • Enforcement

6. Conservation Easements Land Owner conveys development “stick” to gov/non-profit N.Y. ECL Art. 49 Pros • Flexibility • Tax relief for owner Cons • Identify holder • Set-up costs • Fees for monitoring and enforcement

7. Municipal/Intermunicipal Ownership of Protected Land • Pros • . • . • . • . • . • Pros • Consolidated management • Local control / no new gov. • Public access • Connected open space • Cons • Cost to maintain land • Cost to monitor land • Political durability • Government as land manager

8. Public Private Partnerships Land Owner P3 Government NGO

9. Be Proactive

10. Comments and Questions?