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8 <br /> ISSUE #3: MANDATORY VERSUS OPTIONAL OPEN SPACE <br /> In outlining the issues under this topic, Collins noted that staff had recently attended workshops on <br /> conservation easements. In the workshops, staff learned that Federal and State tax benefits are available <br /> for voluntary use of conservation easements, and that a mandatory program of open-space development <br /> might result in the loss of those benefits. The optional approach offers the opportunity for education on <br /> the advantages of doing open-space developments.Having to draw out an open-space design would allow <br /> landowners/developers to see the potential benefits.Arendt's idea of trying an approach,monitoring it and <br /> then evaluating the result could be implemented with an optional approach. <br /> Collins added, however, that there may be certain places where a variation of the mandatory approach <br /> should be considered. One situation could include an area where residents support such an approach, <br /> such as in a small area plan process.Another situation might be where there is no reasonable recourse <br /> to preserve an identified significant natural area, wildlife habitat or historic site. <br /> Jobsis: All should be o do evaluate over time. Concern about allowing small area plans <br /> to make mandatory - who should decide? Obligation to maintain existing sense of <br /> community. <br /> Walters: All should be optional. Look at requiring open space where small areas desire. <br /> Brown: Make mandatory over a period of time, with education program.Phase in over five years. <br /> Need to develop monitoring and evaluation program.Allow to be mandatory in certain <br /> areas, like small area plans. Need to discuss possibility in Joint Planning Area with <br /> Towns. <br /> Barrows: Make open space o do but allow small areas where majority of residents want <br /> it not to have to fight to get. <br /> Katz: Consider making mandatory in Transition Areas. Make optional for most of County, if <br /> disincentives for conventional. Need to find status quo to be able to monitor. <br /> Renee Price: Establish a baseline and let rest be op Tonal.Need baseline or guide to build upon.Allow <br /> small area plans to go further if desired. Need a vision in place to evaluate. <br /> Allison: Make open space o tp ional.Small area plans should have flexibility.Need to evaluate <br /> in the future. <br /> Hoecke: Make open space on mandatory will scare people off.Mandatory may be okay in <br /> some cases.If no other way to preserve character,a"floor"should kick in.Education key. <br /> Howie: Make open space optional now, but phase in mandatory. Have incentives and education <br /> in place. Set a reasonable date to phase in mandatory, working with other task forces. <br /> Mandatory now okay in certain areas. <br /> Rosemond Need options that will enhance number of open-space developments.Make it olotionaL but <br /> allow mandatory if small area plan groups desire - empowers communities. Need <br /> to re-evaluate after X number of developments. <br /> Waddell: Tax issues are compelling to make it op ionaL Review program after three-five years, or <br /> X number of developments, whichever comes first. Consider allowing mandatory for <br /> small area plan groups that desire it. <br /> 4 <br />