[HISTORY: Adopted by the Board of Aldermen of the City of Derby as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-14-1996; amended in its entirety 4-13-2000]
Open space areas within the City of Derby have been and continue to be a diminishing resource, and such open space areas are considered a valuable asset to the community. It is recognized that there is a need to obtain additional open space areas in order to meet future recreational needs, to preserve agricultural lands, to protect natural resource areas and to maintain the City's quality of life. The establishment of an Open Space Trust Fund will permit the acquisition of land and/or purchase of development rights for areas identified in the plan of development, open space plan and other recreation or conservation planning documents.
The following definitions shall apply in the interpretation of this article:
AGRICULTURE LAND
Any land in the City of Derby by reference to soil types, existing and past use of such land for agricultural purposes and other relevant factors for the cultivation of plants for production of human food and fiber or production of other useful and valuable plant products and for production of animals, livestock and poultry useful to man and the environment and land capable of providing economically profitable farm units, which may include adjacent pastures, woodland, natural drainage areas and other adjacent open areas.
DEVELOPMENT RIGHTS
The right or combination of rights of fee simple owners of open, unimproved, forest and agricultural land to develop, construct on, sell, lease or otherwise develop or improve such land for uses that result in rendering such land no longer open, unimproved, forest or agricultural. The acquisition of development rights is not intended to prevent any development of the land to which the development rights relate, provided that such development is consistent with the public purpose for which such development rights are purchased, and provided that such development is permitted, pursuant to a written document approved by the Board of Aldermen.
OPEN SPACE LAND
Any area of land, including forest land, land designated as wetland under Connecticut General Statutes § 22a-3,[1] and farmland, the preservation or restriction of the use which would:
A. 
Maintain and enhance the conservation of natural or scenic resources;
B. 
Protect natural streams or water supply;
C. 
Promote conservation of soils, wetland, beaches, marshes and vernal pools;
D. 
Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space;
E. 
Enhance public recreation opportunities;
F. 
Preserve historic sites; or
G. 
Promote orderly urban or suburban development.
OPEN SPACE PLAN
A plan or plans prepared by the Open Space Commission, pursuant to Connecticut General Statutes, § 7-131a, and/or prepared/assisted by the Planning and Zoning Commission, Recreation Commission or special advisory committee.
[1]
Editor's Note: Former § 22a-3 of the Connecticut General Statutes was repealed 1977, P.A. 77-614.
An Open Space Commission is hereby created for the City of Derby for the preservation and utilization of open space land in such municipality.
A. 
The Open Space Commission shall consist of five members appointed by the Mayor, subject to the approval of the Board of Aldermen, to serve without compensation. Members of the Open Space Commission shall be designated to serve for terms of two years. However, one year after the effective date of this subsection, two member’s terms shall expire so that no four members' terms will expire during the same term nor more than once in any two-year term.
[Amended 3-27-2002]
B. 
A Chairman, Vice-Chairman and Secretary of the Open Space Commission shall be elected by the membership of the Commission.
C. 
The Mayor may remove any member for cause and fill any vacancy for any unexpired term. An unexplained failure to attend three consecutive regular meetings in 12 months shall be evidence of cause to consider removal of any member.
A. 
Action by the Open Space Commission created by this article shall be taken only by majority vote of all members.
B. 
The Open Space Commission shall review and make recommendations on issues related to and affecting open space land and conservation in the municipality. The Open Space Commission may conduct investigations into the utilization of land areas of the municipality and may advertise, prepare and distribute books, maps, charts, plans and pamphlets as necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, for the purpose of obtaining information on the proper use of such areas, and may from time to time recommend to the Mayor, or to the Board of Aldermen or to the Planning and Zoning Commission, plans and programs for the management, development and use of such areas, including recommendations concerning the acquisition of open space and/or conservation easements. The Open Space Commission may receive gifts in the name of the municipality for any of its purposes and shall administer the same for such purposes subject to the terms of the gift, subject to the approval of the legislative body of the Board of Aldermen.
C. 
The Open Space Commission shall review and make recommendations for any community patrol volunteers that may be organized to promote the purpose of this article. The Open Space Commission shall have a background check completed on all volunteers, and the Police Department shall assist in this process.
[Added 9-13-2001]
The members of the Open Space Commission shall serve without compensation, but their necessary and actual expenses incurred in the performance of their official duties shall be paid by the municipality within the limits of any appropriation made therefor. The Open Space Commission may appoint and remove secretarial and clerical assistance as it may need for the performance of its duties within appropriations therefor.
Meetings of the Open Space Commission shall be held at least once every two months, and at such other times as the Open Space Commission may determine. The Open Space Commission is empowered to adopt rules and regulations for putting into effect the provisions of this article, which rules and regulations shall not be inconsistent with the provisions thereof. The Open Space Commission shall keep records of its meetings and other activities, and shall make a written report of its activities to the Mayor quarterly, and shall make such special reports as the Mayor may request from time to time.
A. 
The City may, by vote of its Board of Aldermen, and with the prior approval of the Planning and Zoning Commission, by purchase, gift, grant, devise, lease or otherwise acquire land, easements and interests or rights in real property, and enter into covenants and agreements with owners of land and owners of interest in land, to maintain, improve, protect, limit the future use of or otherwise conserve open spaces or open areas within its boundaries.
B. 
The City may acquire by purchase or by condemnation any real property or interest acquired pursuant to this article.
A. 
The types of land to be considered for acquisition by the City must be:
(1) 
Land that is agricultural land, as recommended in the plan of development or open space plan;
(2) 
Land that has recreational value, as recommended in the recreation and/or open space plan component of the plan of development;
(3) 
Land that has significant scenic, topographic, conservation or natural resource value based on the characteristics of the land; or
(4) 
Land that has significant historical archeological value based on the character of the land and/or improvements thereon.
B. 
The types of development rights to be considered for purchase by the City must be consistent with the general purpose of this article and may include one or more of the following:
(1) 
Development rights which will tend to maintain and enhance the conservation of natural or scenic resources;
(2) 
Development rights which will tend to enhance public recreational opportunities;
(3) 
Development rights which will tend to protect natural topography, streams or water supply;
(4) 
Development rights which will tend to protect historical or archeological sites;
(5) 
Development rights which will tend to protect conservation of agricultural soils, partially prime farmland soil;
(6) 
Development rights which will tend to contribute towards and preservation of agriculture in the City;
(7) 
Development rights which will tend to promote orderly development of the City;
(8) 
Development rights which will tend to promote certain publicly desirable uses of land, expected at the present time to include agricultural, forest and natural uses.
C. 
In considering the acquisition of a particular parcel of land or certain development rights thereto, the City shall obtain written recommendations from:
(1) 
The Planning and Zoning Commission as to the recommendation of the plan of the development and other open space/farmland preservation reports;
(2) 
The Mayor as to the development value of the land as a municipal facility;
(3) 
The Open Space Commission as to the value of the land as natural resource, scenic, archeological or historical site, and for wildlife protection;
(4) 
Inland Wetland and Watercourse Agency as to the value of the land environmentally; or
(5) 
A statement from any other advisory committee whose opinion is deemed appropriate by the Board of Aldermen.
A. 
The Open Space Commission shall hold one or more informational hearings regarding acquisition of a particular parcel of land(s) or the development rights thereto.
B. 
When a public informational hearing is to be held, the Open Space Commission shall cause notice to be published at least 10 days prior to said public hearing in a newspaper having substantial circulation in the City of Derby, and have posted in City Hall the agenda, no later than 48 hours prior to the meeting.
A. 
Prior to final action, a referral to the Planning and Zoning Commission shall be made, pursuant to Connecticut General Statutes, § 8-24.
B. 
Upon determination that a particular parcel of land(s) or development rights thereto should be acquired with moneys in the fund, the Open Space Commission shall, by resolution, take formal action to so recommend it to the Board of Aldermen.
C. 
The fund shall be administered by the Mayor, as directed by the Board of Aldermen.
A. 
In preparing the annual City budget, the Board of Aldermen shall consider additions to the fund as part of its capital improvements program. The City shall also investigate, on a continuing basis, the availability of any state and federal moneys available for land acquisition and development rights.
B. 
Payments received in lieu of open space, pursuant to Connecticut General Statutes § 8-25, and as amended by Public Act 90-239, Section I, is a funding option.
C. 
Contributions to the reserve shall be accepted from individuals, corporations, associations, partnerships and any other legal entities. Said contributions shall be used exclusively for the herein stated purposes of the fund.