Town of East Haddam, CT Article III Open Space Trust Fund

[Adopted 6-25-1998; amended in its entirety 12-30-2002]

§ 35-8 Findings and purpose.

Open space areas within the Town of East Haddam 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 Town's quality of life. In the 1980s, the State of Connecticut, through its plan of conservation and development, made commitments to acquire open space but has fallen for short of its commitment. The Town of East Haddam cannot depend solely on the state. 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 recreational and conservation planning documents.

§ 35-9 Goals.

Not in any set order of importance:

A. Protect contiguous areas of open space; assemble corridors or greenbelts, wildlife corridors and trails, and add to present open space throughout the Town and adjoining communities.

B. Protect surface water, wetlands, watercourses, and aquifers.

C. Protect critical or threatened species and natural communities with emphasis on areas identified in Connecticut's Natural Diversity Data Base and Endangered Species List; preserve areas to support the existing diversity of species, species in decline and improve habitats.

D. Preserve farmland and productive forest land.

E. Protect lands of cultural importance, including archeological and historical sites.

F. Encourage development only in areas capable of supporting development without adversely impacting the environment.

§ 35-10 Benefits.

Not in any set order of importance:

A. Protect East Haddam's rural character and maintain and improve the quality of life for the residents.

B. Preserve the diverse and native plants, animals and natural communities indigenous to East Haddam by protecting the open spaces they need to survive and coexist with the residents of East Haddam.

C. Tourism is recognized as of major economic importance to East Haddam. Retaining open space will provide a long-term economic base for tourism by continuing to maintain an attractive landscape for the tourism industry.

D. Protect and enhance the value of all properties with progressive planning.

E. Reduce the final burden on the taxpayers. It is recognized that development increases the tax base but never covers the cost incurred for Town services. Studies concluded that towns with the most commercial and industrial activity still have higher yearly tax rates. The Town can preserve open space without sacrificing the tax base.

F. Provide property owners with another option or device to protect their property rather than selling the property for development.

§ 35-11 Definitions.

The following definitions shall apply in the interpretation of this article:

AGRICULTURAL LAND

Any land in the Town suitable 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 capable 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.

APPROPRIATION

A legal authorization granted by the Town Board of Finance and Town Meeting to make expenditures and to incur obligations for specific purposes.

CONSERVATION EASEMENT

The grant of a property right stipulating that the described land will remain primarily in its natural state and limited future or additional development.

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 render 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. Development may be allowed which 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 Town.

GREENWAY

Any corridor of open space that protects natural resources and/or provides recreation. By way of example, greenways can be located along a waterway or other defining feature, such as a ridgeline, or along a man-made corridor such as an abandoned right-of-way, abandoned Town road or a woods road. It can be a green space along a highway or around a village. Greenways can provide the vital "missing links" to connect existing protected areas and to give people convenient access to the outdoors. A greenway can be as wide as a river valley or as narrow as an abandoned roadbed.

OPEN SPACE COMMITTEE

The Board of Selectmen shall appoint a Land Preservation Committee. The membership of the Committee shall be composed of an individual or representatives from each of the following commissions, boards and organizations: the Board of Selectmen, the Board of Finance, the Board of Education, the Planning and Zoning Commission, the Conservation Commission, the Inland Wetlands and Watercourses Commission, the Historic District Commission, the Economic Development Commission, the Recreation Commission, the Agriculture Commission and the East Haddam Land Trust, Inc. The membership shall coincide with the terms of election or appointment from each committee or board and follow the political balance in accordance with Connecticut General Statutes. This Committee will be responsible for the preservation of agricultural and open space in Town, for the review and selection of agricultural and open space and for making recommendations to the Town for the land and for expenditures of any funds from the Open Space Trust Fund or any other source.

[Amended 11-30-2010]

OPEN SPACE LAND

Any area of land, including forest land, land designated as wetland under C.G.S. § 22a-38 and farmland, the preservation or restriction of the use of which would:

A. Maintain and enhance the conservation of natural or scenic resources;

B. Protect natural streams or water supplies;

C. Promote conservation of soils, wetland, beaches or tidal marshes;

D. Enhance the value to the public or abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open spaces;

E. Enhance public recreation opportunities;

F. Preserve historic or archaeological sites; or

G. Promote orderly development compatible with the aforementioned goals.

OPEN SPACE PLAN

A plan or plans prepared by the Conservation Commission pursuant to § 7-131a of the General Statutes and/or prepared/assisted by the Planning and Zoning Commission, Recreation Commission or special advisory committee.

PAYMENT OF FEE IN LIEU OF OPEN SPACE

Funding option, pursuant to C.G.S. § 8-25, as amended. The Planning and Zoning Commission may authorize a subdivider to pay a fee into an Open Space Trust Fund administered by the Town of East Haddam in lieu of the disposition of land, as set forth in the East Haddam Subdivision Regulations.

[Amended 3-28-2018]

PLAN OF DEVELOPMENT

A plan or plans prepared by the Planning and Zoning Commission pursuant to C.G.S. § 8-23.

§ 35-12 Types of land.

A. The types of land to be considered for acquisition by the Open Space Committee must meet at least one of the following criteria (not in any set priority):

(1) Land that assembles greenbelt corridors and is adjacent to or in close proximity to present open space.

(2) Land that is or could be agricultural land, as recommended in the Plan of Development or open space plans.

(3) Land that is productive forest land.

(4) Land that protects critical or threatened natural communities and species as identified by the Department of Energy and Environmental Protection.

(5) Land that has recreation value, as recommend in the recreation and/or open space plan component of the Plan of Development, or as such plans are adopted by the Town.

(6) Land that has significant scenic, conservation, or natural resource value based on the characteristics of the land.

(7) Land that has significant historical or 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 Open Space Committee 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 protect natural topography, streams or water supply;

(3) Development rights which will tend to enhance public recreation opportunities;

(4) Development rights which will tend to protect historical or archeological sites;

(5) Development rights which will tend to promote conservation of agricultural soils, particularly prime farmland soil;

(6) Development rights which will tend to contribute towards preservation of agriculture in Town.

(7) 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 Open Space Committee may obtain written recommendations from:

(1) The Planning and Zoning Commission as to the recommendation for the Plan of Development and other open space/farmland preservation reports.

(2) The Conservation Commission and East Haddam Historical Commission as to the value of the land as a scenic, archeological or historic site.

(3) The Recreation Commission as to the recreational value.

(4) The University of Connecticut Cooperative Extension system as to the agricultural value.

(5) The East Haddam Land Trust, Inc., as to the value of the land for natural resources.

(6) A statement from any other advisory committee or organization whose opinion is deemed appropriate by the Open Space Committee.

§ 35-13 Public hearings.

A. The Open Space Committee shall hold one or more informational public hearings regarding a proposed acquisition of a particular parcel of land(s), or acquisition of the development rights thereto.

B. When a public informational hearing is to be held, the Open Space Committee shall cause notice to be published at least twice at intervals of not less than two days, the first not more than 15 days nor less than 10 days and the last not less than two days before such hearing in a newspaper having substantial circulation in the Town.

§ 35-14 Approval of acquisition; administration.

A. Prior to final action, a referral to the Planning and Zoning Commission shall be made, pursuant to C.G.S. § 8-24, Municipal improvements.

B. Upon determination that a particular parcel of land(s) or development rights thereto are to be acquired with monies in the fund or any other source, the Open Space Committee shall, by resolution, request the Board of Selectmen and the Board of Finance to consider the appropriation of funds and set a Town Meeting for the Town's people to vote on said issue.

C. As provided in C.G.S. § 7-131b, Acquisition of open space and easement, the Town may vote to accept the recommendation of the Open Space Committee; provided, however, that such acquisition is approved by the Board of Finance and the Board of Selectmen.

D. The fund shall be administered by the Board of Finance.

§ 35-15 Funding.

A. In preparing the annual Town budget, the Board of Finance shall consider additions to the fund as part of its Open Space Trust Fund or "sinking fund." The Town shall also investigate, on a continuing basis, the availability of any state and federal monies available for land acquisition and development rights.

B. The fund shall include payments received in lieu of open space, pursuant to C.G.S. § 8-25, as amended.

[Amended 3-28-2018]

C. Contributions to the reserve can 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 if by resolution the Board of Selectmen, Board of Finance, and Town Meeting accepts the funds for the purposes intended.

D. Funds can be used for appraisal, survey, legal research, fees and preparation of documents for any acquisition of property or development rights.

§ 35-16 Stewardship of acquired properties and development rights.

As provided in § 7-131a of the Connecticut General Statutes, as amended, the East Haddam Conservation Commission shall administer the properties and rights acquired as intended.