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. 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.
(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;