For any subdivision or resubdivision of land under these regulations,
the Commission shall require of the applicant/subdivider the conveyance
and official dedication of appropriately located and sized open space.
Open space should compliment good subdivision design and not be used
to designate land that does not have the capability of being developed
in a sound and sustainable manner due to proposed design or limiting
natural features.
A.
The identification and selection of open space area(s) within the
proposed subdivision shall be discussed at the pre-application conference
(preliminary layout which is recommended) or determined at the formal
subdivision plan application phase. The Commission reserves the right
to select that portion of the proposed subdivision to be dedicated
for open space, and it may reject or modify any area that may be proposed
by the applicant and require an alternative, as provided under these
regulations.
B.
In determining the appropriateness of an open space disposition,
the Commission shall consider the objectives and goals of the most
recent Plan of Conservation and Development, the most recent Open
Space Plan and any other Town, state or regional plan(s).
C.
The Commission shall assess and select open space land when one or
more of the following criteria are met:
(1)
The land under consideration shall be worthy of conservation and
capable of long-term protection by the parties in receipt of the dedication.
(2)
Protects and/or provides a buffer or linkage to already protected
lands.
(3)
Extends existing protected land.
(4)
Adds to an existing trail corridor, completes a trail link, or initiates
or adds to a walking trail.
(5)
Protects or adds to a large, unfragmented parcel of farm, forest,
or wildlife habitat.
(6)
Represents a keystone property that abuts or links land that has
the potential for conservation.
(7)
Protects waterways, lake frontage, public water supply watershed
and/or a wildlife habitat corridor.
(8)
Provides opportunities for active and passive public recreation,
such as fishing, hunting, walking, cross-country skiing, bird watching,
photography, nature observation, hiking, etc.
(9)
Protects habitat areas of threatened or endangered species and/or
areas of known productive wildlife habitats and/or corridors.
(10)
Protects locally important or unique geographical features,
trees and other flora, ridges, ridgelines, ravines, scenic views,
historic or archaeological sites, unpaved roads, stone walls, and
other natural and man-made features that maintain and exemplify the
rural character of Ashford.
D.
The applicant/subdivider shall provide a documentation report of
baseline data which shall include reports, maps, photographs, drawings
and other documentation depicting the boundaries and existing condition
of the open space land to be dedicated. Such documentation report
shall be completed and made part of the final and formal subdivision
plan prior to any Commission action on the proposed subdivision application.
This report is particularly important in the case of any dedicated
easement(s) the Town or other party(ies) may receive for monitoring
and enforcing against future encroachment or disturbance to the open
space.
E.
The Commission reserves the right to enter the proposed open space
land to verify the contents of the documentation report of baseline
data as submitted prior to any action by the Commission on the final
subdivision plan application.
Open space dedication shall be deemed appropriate for all subdivisions or resubdivisions of land when three or more lots are proposed for subdivision. The required open space areas shall be determined by the Commission based on the site's value and importance in meeting the objectives cited in Article V, § 295-22, and the scope of the subdivision proposal. Required open space land shall ordinarily be a minimum of 20% of the area of the property under consideration for a conventional subdivision plan and be 50% of the total parcel(s) area proposed in an open space subdivision plan. In determining total land to be reserved as open space, the Commission may consider the tract or tracts of land to be immediately subdivided. Areas to be reserved as open space shall be shown on the final subdivision plan.
A.
All applicants shall make written inquiry of the Office of State
Archaeologist to determine if there is existing evidence, or a reason
to believe evidence exists, of sites of archaeological significance
within the proposed subdivision or resubdivision. Such inquiry shall
be made by certified mail, return receipt requested. Proof of such
mailing shall be provided to the Commission at the time of submitting
the subdivision application. Any significant sites shall be left undisturbed
and may be considered in meeting the minimum open space requirements
of this article. If no reply from the State Archaeologist is received
within 30 days after receipt of the written inquiry, it shall be presumed
that the State Archaeologist has determined that the proposed subdivision
or resubdivision is not located within an area of archaeological significance.
All requirements of the applicable provisions of the Ashford Zoning
Regulations shall apply.
B.
The Commission may require an environmental assessment where it determines
that the subdivision may contain significant natural and/or cultural
resources, based on the National Resources Inventory, Conservation
Commission, Open Space Report, Plan of Conservation and Development,
State Archaeologist's report, or other pertinent information reviewed
by the Commission.
The Commission shall review the most appropriate method of disposition after considering, among other things, the relationship of the subject area(s) and its specific characteristics to the Plan of Conservation and Development and the objectives cited in Article V, § 295-22, the desirability and suitability of public access and use and the scope of the subdivision proposal. Any conservation easements or other open space covenants or restrictions shall be subject to the approval of the Commission in form and content. The following disposition options may be utilized by the Commission:
A.
Conveyed in fee simple to the Town.
B.
Conveyed in fee simple to the State of Connecticut for open space,
provided the State of Connecticut has agreed to accept the dedication.
C.
Conveyed in fee simple to a land trust (at the option of the subdivider),
as long as the land trust has agreed to accept the dedication.
F.
Utilization of an agricultural use restriction easement, to the Town,
state, or a private nonprofit entity.
G.
Private ownership for open space purposes with the appropriate conveyance
of development rights.
H.
Any combination of the above or any suitable alternative approved
by the Commission.
As set forth in C.G.S. § 8-25, the Commission may
authorize the applicant to pay a fee to the Town, or pay a fee to
the Town and transfer land to the Town, in lieu of the full requirement
to provide open space as set forth above. Such authorization may be
granted by the Commission if and when it determines, in its sole discretion,
that conditions such as subdivision size, population densities, existing
open space in the neighborhood, topography, soils, or other characteristics
are such that on-site open space is not as desirable as a fee in lieu
of open space.
A.
Amount. Such fee or combination of fee and the fair market of land
transferred shall be equal to not more than 10% of the fair market
value of the land to be subdivided prior to the approval of the subdivision.
The fair market value of such land shall be determined by an appraiser
jointly selected by the Commission and the applicant, with the cost
of all appraisal fees and expenses borne by the applicant.
B.
Procedure. To employ the fee in lieu of open space option, the following
procedures shall be used:
(1)
The applicant shall submit to the Commission a written proposal to
pay a fee or transfer land to the Town in lieu of providing open space.
(2)
The Commission shall determine whether it is willing to consider
the applicant's proposal further or whether it would be willing to
consider a different combination of land transfer and fee. The Commission's
determination at this stage shall not be binding on either the Commission
or the applicant.
(3)
If the Commission and applicant agree on further consideration of
a fee, transfer of land, or both, they shall jointly select an appraiser
to submit a report.
Steps (1) through (3) may be accomplished as part of the consideration
of a preliminary layout or at the time of acceptance of a formal subdivision
application.
(4)
The applicant shall submit the appraisal prior to the completion
of the Commission's review of the formal subdivision application.
If the Commission holds a public hearing on the application, the applicant
must submit the appraisal before the close of the public hearing.
(5)
The Commission, as part of the action on the application, may either
accept the fee in lieu proposal or a combination of fee and land transfer
proposal or it may require an open space dedication.
C.
Payment. The method of payment of any fees under this section shall
be one of the following two options:
(1)
The applicant, at his option, may submit the entire fee in one lump
sum prior to the filing of the approved final subdivision Mylars with
the Town Clerk; or
(2)
The applicant may elect to submit a fraction of such payment, the
numerator of which is one and the denominator of which is the number
of approved building lots in the subdivision, no later than the time
of the sale of each approved building lot, and a notation describing
this requirement shall be placed on the final subdivision map filed
in the Town Clerk's office. If this option is chosen, the applicant
shall submit a bond or other security acceptable to the Town, equal
to the full amount of fee required, prior to the filing of the subdivision
maps in the Town Clerk's office. Any required fees shall be paid to
the Town prior to the release of this bond. The Commission may also
choose other acceptable security such as a mortgage or lien on the
land to be subdivided. This mortgage or lien shall secure the amount
of the fee in lieu and provide for partial release of lots sold as
the fractional part of the fee is paid.
D.
Building permits. No building permits shall be issued until such
fractional part payments are paid as to any lot sold in the subdivision.
E.
Dedicated fund. Fees submitted under this section shall be deposited
by the Town in a fund which shall be used for the purpose of preserving
open space or acquiring additional land for open space.
[Amended 5-10-2021]
The Commission may refer for review and comment any subdivision
plan and proposal for the provision of open spaces to the Conservation
Commission, Eastern Connecticut Conservation District, or any other
appropriate agency.
A.
Land to be provided as open space shall be left in a natural state
by the applicant/subdivider/developer unless otherwise specified by
the Commission. Except for such improvements as may be required by
the Commission, open space areas shall not be graded, cleared or used
as a parking or temporary storage area during any construction process
or used as a repository for brush, stumps, earth, building materials
or debris, nor shall earth materials be mined or removed.
B.
Open space areas shall typically abut or have direct public access
to a public street and, as appropriate, any existing park or public
land. The Commission may require access areas to be graded and improved
in a manner suitable for safe pedestrian and/or vehicular traffic.
Access roadways shall conform to Town specifications for a two house
driveway. See also Ashford Zoning Regulations.
C.
When site improvements are required, they shall be clearly shown
on the subdivision plan maps and they shall be approved by the Commission
prior to the filing of the final subdivision plan.
D.
The boundary lines of all areas to be dedicated shall be set in the
field and marked by monuments and Commission-approved plaques where
such lines intersect any lot line, road, or perimeter line within
the proposed subdivision and at such other points as may be required
by the Commission to ensure identification in the field. All monuments
shall be topped with a capital "A" (designation for Ashford) and meet
the requirements of the Ashford Public Improvement Specifications.
To ensure proper construction of any required improvements in areas to be dedicated pursuant to this Article V, the Commission shall require the subdivider to include in the performance bond an amount sufficient to ensure completion of such improvements. All required improvements of open space land shall be completed prior to the issuance of any building permits.
A.
The Commission may, upon the request of the subdivider, permit the
ownership and maintenance of the open space to be transferred to an
association of property owners. The document providing for such transfer
must:
(1)
Establish a mandatory participation in an association of property
owners to maintain the land reservation for open space with power
to assess all members for all necessary costs.
(2)
Be binding on all future property owners.
(3)
Be perpetual.
(4)
Not be affected by any change in zoning or land use.
(5)
Assure adequate maintenance.
(6)
Provide for enforcement by the Town by appropriate legal action.
(7)
Provide that if maintenance or preservation of the dedication no
longer complies with the provisions of the document, the Town may
take all necessary action to assure compliance and assess against
the association all costs incurred by the Town for such purposes.
B.
After approval by the Town Attorney and Commission, the document
shall be filed by the subdivider in the office of the Town Clerk simultaneously
with the endorsed final subdivision plan.
Properly executed legal documents, including warranty deeds for any title transfer to the Town of Ashford, shall be prepared in accordance with the provisions of this Article V and shall be submitted in triplicate with the final subdivision map to be filed. All documents must be acceptable to the Town Attorney and Zoning Enforcement Officer and shall refer to the subdivision maps by title. All warranty deeds for dedication of land to the Town shall be held in escrow by the Commission to be recorded on the Town Land Records upon acceptance by the Town Meeting. In the event that acceptance is rejected by the Town Meeting, the deed shall be returned and the subdivider shall return to the Commission for determination of an alternative means of preserving the open space areas. In no case shall the acceptance of any deed by the Commission or an employee of the Town prior to a Town Meeting approval be deemed as acceptance of the open space by the Town.
In the event the subdivider proposes to transfer to the Town
land for municipal purposes other than open space, the Commission
may, in its discretion, approve such dedication as a credit toward
any open space disposition requirements under this article.
In accordance with C.G.S. § 8-25, the following instances shall be exempt from the provisions of this Article V:
A.
Where the transfer of all land in a subdivision of less than five
lots is to a parent, child, brother, sister, grandparent, grandchild,
aunt, uncle, or first cousin of the property owner for no consideration.
Such intended transfer shall be evidenced by covenants, restrictions,
contracts, or other legally binding documents as the Commission may
approve, which documents will be filed in the Land Records along with
the final subdivision plan. If the Commission determines subsequent
to the approval of such subdivision that such transfers were intended
to be temporary and for the sole purpose of evading the requirements
of this article, the Commission may, following a public hearing with
notice by certified mail to the violator, void, in whole or in part,
any such subdivision approval and may cause notice thereof to be filed
in the Land Records; and
B.
Where the subdivision is to contain affordable housing, as defined
in C.G.S. § 8-39a, as amended and as covered in these regulations.
Such restrictions for affordable housing shall be evidenced by such
documents as the Commission may require, and such restrictions shall
run with the lots affected thereby in perpetuity. If, subsequent to
approval of the subdivision, the lots designated for affordable housing
shall not be sold for that purpose, the Commission may, following
a public hearing with notice by certified mail to the violator, void,
in whole or in part, any such subdivision approval and may cause notice
thereof to be filed in the Land Records.
