Town of Woodbridge, CT Open Space, Park and Recreation Areas and Trails

As a matter of sound planning and good public policy, the Commission finds that the subdivision regulations of the Town of Woodbridge should provide i) for the preservation of the natural landscape to the greatest extent practicable and ii) for the dedication of "open space land" as necessary and essential parts of the planning and approval process for each proposal for the subdivision of land which shall come before the Commission. For these purposes, "open space land" shall mean any area of land, including forest land, wetlands and farmland, the preservation or restriction of the use of which would: maintain and enhance the conservation of natural or scenic resources; protect natural streams or water supply; promote conservation of soils and wetlands; enhance, protect and create parks, forests, wildlife preserves, nature reservations or sanctuaries or other open spaces; enhance recreation opportunities, including the establishment, preservation or maintenance of scenic walkways, nature trails, bicycle paths and other linear pathways; preserve historic sites and promote orderly development. Towards these ends, the Commission requires the dedication of open space land and seeks to encourage the innovative integration of open space land into subdivision proposals as a means of enhancing the living environment within the subdivision and/or the quality of life of the Town.

(1)

Any plan to subdivide a tract of land shall include a proposal for open space land dedication at the proportionate rate of 10% of the gross acreage to be subdivided. The location, size and nature of the dedicated open space land shall advance the planning and policy goals set forth in the Prologue to these provisions.[1] The Commission may require that the area to be dedicated as open space be representative of the total land in that tract. The Commission may waive or modify the open space land dedication requirement, or any part of it, if in its judgment the purposes of this chapter would not be served by the strict enforcement of the dedication requirement.

[1]

Editor's Note: Consult the Town regarding the Prologue to these provisions.

(2)

When the development of only a part of a tract is presented to the Commission, and the Commission deems that a satisfactory open space land dedication has not been made, the Commission may require the developer to dedicate an area of land in the remaining portion equal to the total open space land dedication required for the entire tract. In determining the amount and location of the land to be set aside, the Commission may take into consideration previous donations of open space land by the applicant.

(3)

Any land to be set aside as open space land shall be left in its existing natural state in perpetuity by the subdivider, his successors and assigns, and shall not be graded, cleared or improved, except as specifically required or approved by the Commission, and shall not be used at any time as repository for stumps, brush, earth, building materials debris or the like.

(4)

Any land to be dedicated for park or recreation use shall be developed in a manner appropriate to establish and maintain the intended use.

(5)

If an existing trail system (including a rerouted trail system) crosses land to be subdivided or resubdivided, the subdivider shall be encouraged to preserve the system as it exists or reroute it to assure continued public access. The subdivider shall also be encouraged to consider the continuation of an existing trail system or the establishment of a new trail as a means of satisfying the requirement for open space land. The area covered by any legally valid easement for such a trail or trail system which adequately protects continued public access to the trail or trail system shall be considered part of the total dedicated open space land.

(6)

When a property line of a subdivision abuts existing open space land, the Commission may require the new open space land to form a continuation of the existing open space land to form a single unified area.

(7)

Where necessary for the reasonable use and enjoyment of open space, dedicated open space land shall abut or have direct access to a public street through a right-of-way dedicated for public use. The Commission may require that the right-of-way be suitable for foot and/or vehicular traffic.

(8)

In determining the appropriate open space land dedication, the Commission shall give due regard to the preservation and potential enhancement of existing natural features, large trees and the other scenic points. The Commission shall also consider the practical implications of the dedication, including the necessity for continued maintenance. The Commission may reject any proposal which in its determination might present problems in managing or maintaining the open space dedication.

(9)

The subdivider may use any of the following methods for the provision of open space land, unless the Commission determines that a particular method would be more appropriate, in which case the Commission's determination shall control:

(a)

Dedication of the land to the Town of Woodbridge;

(b)

Dedication of the land to the Woodbridge Conservation Trust;

(c)

Provision of a conservation easement with full, limited or prohibited public access;

(d)

Provision of private open space land, such as common land held by an association of home owners;

(e)

Any other mechanism the Commission deems proper and suitable to protect the open space land;

In any case where the dedication is to a third-party grantee, the subdivider shall present to the Commission evidence that the grantee approves of the dedication and will accept it.