[Ord. No. 228, 5-2-2000]
In recognition that land is a valuable resource to the town, that land use is important to the general welfare of town residents and that the opportunity to preserve land through acquisition and/or purchase of development rights and conservation restrictions occurs on an irregular basis, a reserve for land acquisition and preservation is hereby established as part of the fund balance of the reserve for capital and nonrecurring expenditures.
[Ord. No. 228, 5-2-2000; Motion of 1-16-2024]
The following definitions shall apply in the interpretation and enforcement of this article:
APPROPRIATION
Shall mean a legal authorization granted by the town council to make expenditures and to incur obligations for specific purposes.
CONSERVATION RESTRICTION
Shall mean a limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land described therein or in any order of taking such land whose purpose is to retain land or water areas predominantly in their natural, scenic or open condition or in agricultural, farming, forest or open space use. (Connecticut General Statutes section 47-42a(a)).
DEVELOPMENT RIGHTS
Shall mean the rights 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 town council and subject to state and local regulation.
LAND
Shall mean real property with or without improvements thereon located within the town.
OPEN SPACE ACQUISITION PROGRAM
Shall mean the town's preservation of land, identified in the open space program dated August 14, 1998, as amended, and the town master plan of conservation and development, as amended, through acquisition and/or purchase of development rights and conservation restrictions.
RESERVE
Shall mean an account used to identify a portion of fund balance that indicates that it is not available to appropriate for expenditures; the reserve shall be an account used to identify a portion of fund equity as legally restricted for specific future use.
TOWN
Shall mean the Town of Vernon.
[Ord. No. 228, 5-2-2000; Motion of 1-16-2024]
(a) 
The types of land to be considered for acquisition by the town council must be:
(1) 
Land that has value as a significant natural resource, including but not limited to, wetlands, watercourses, greenway corridors, watershed properties, scenic vistas, ridgelines, or other land as set forth in the town master plan of conservation and development, as amended, and identified in the open space acquisition program, as defined herein; or
(2) 
Land that has recreational value as outlined in the park and recreation plan of development; or
(3) 
Land that is contiguous to town owned property that enhances the value thereof when retained as open space; or
(4) 
Land that has value as urban park areas; or
(5) 
Land that has significant historical archeological value based on the character of the land and/or improvements thereon.
(b) 
The types of development rights and conservation restrictions to be considered for purchase by the town council must be consistent with the general purpose of this ordinance and may include one or more of the following:
(1) 
Development rights and conservation restrictions which will maintain and enhance the conservation of natural or scenic resources;
(2) 
Development rights and conservation restrictions which will protect natural topography, streams or water supply;
(3) 
Development rights and conservation restrictions which will enhance public recreational opportunities;
(4) 
Development rights and conservation restrictions which will protect historical or archaeological sites;
(5) 
Development rights and conservation restrictions which will promote conservation of agricultural soils, particularly prime farmland soil;
(6) 
Development rights and conservation restrictions which will contribute towards the preservation of agriculture in the town;
(7) 
Development rights and conservation restrictions which will promote orderly development of the town;
(8) 
Development rights and conservation restrictions which will promote certain publicly desirable uses of land, at the present time expected to include agricultural, forest and natural uses.
(c) 
In considering the acquisition of a particular parcel of land or certain development rights thereto, the town council shall obtain written recommendations from:
(1) 
The planning and zoning commission pursuant to Connecticut General Statutes section 8-24, the conservation commission and Hockanum River linear park committee as to all land considered for acquisition.
(2) 
The director of the parks and recreation department as to land that has recreational value as outlined in the park and recreation plan of development.
(3) 
The town administrator as to land that is contiguous to town owned property that enhances the value thereof when retained as open space.
(4) 
The historical society as to land that has significant historical archeological value based on the historical record of the land and/or improvements thereon.
(5) 
A statement from any other advisory committee or private organization whose opinion is deemed appropriate by the town council.
[Ord. No. 228, 5-2-2000]
(a) 
The town council shall hold one or more advisory public hearings regarding the acquisition of a particular parcel of land, or the development rights thereto or a conservation restriction thereon.
(b) 
When a public hearing is to be held, the town council shall cause notice to be published at least five (5) days prior to said public hearing in a newspaper having substantial, continuous circulation in the town.
[Ord. No. 228, 5-2-2000]
Determination that a particular parcel of land or development right thereto or conservation restrictions thereon is to be acquired with monies in the reserve shall be made solely by the town council. Referral to the town planning and zoning commission shall be made pursuant to Connecticut General Statute section 8-24. The reserve shall be administered by the town finance officer as directed by the town council in accordance with the provisions of section 6 of this article.
[Ord. No. 228, 5-2-2000]
(a) 
In preparing the annual town budget, the town council shall consider adding to the reserve as part of its open space acquisition program. The town shall also investigate on a continuing basis the availability of any state and federal money available for acquisition of land, conservation restrictions and development rights.
(b) 
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 reserve for land acquisition and preservation as open space.
[Ord. No. 228, 5-2-2000]
A minimum balance of ten thousand dollars ($10,000.00) shall be maintained in the reserve, effective with budget appropriations of fiscal year 2001-2002. If at any time the reserve falls below the ten thousand dollar ($10,000.00) minimum, said minimum funds shall be restored during the next annual budget.
[Ord. No. 228, 5-2-2000]
If the reserve is terminated for any reason, the balance remaining in the reserve at the time of such termination shall be used exclusively for the benefit of the town's parks and recreation department.
[Ord. No. 228, 5-2-2000]
(a) 
This article shall be reviewed by the town council annually.
(b) 
Unless otherwise provided by the Connecticut General Statutes, as amended from time to time, this article shall be effective for a period of not more than ten (10) years from the date of adoption. If the town council does not act to renew this article, this article is repealed.