[Adopted 3-17-1998 by Ord. No. 9799-1 (§ 2-12 of the 1974 Code)]
This provision is authorized pursuant to C.G.S. §§ 7-131r and 8-25.
It is hereby found and declared that open space is a limited natural resource within the Town of Newington. It is further found that the public health, safety and welfare mandate the preservation of open space to preserve agricultural lands, to protect natural resource areas and to maintain the Town's quality of life. The purpose of this provision is to establish a Land Acquisition Fund, pursuant to C.G.S. § 7-131r, so as to permit the acquisition of land and/or development rights for areas identified in the Plan of Conservation and Development and other recreation and conservation planning documents. It is the intent of this provision that the proceeds of the Land Acquisition Fund shall be used for the voluntary purchase of property or development rights for the purpose of preserving open space or for recreational or agricultural purposes.
The following definitions shall apply in the interpretation and enforcement 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 the production of human food or the production of other useful and valuable plant products and for the 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, woodlands, natural drainage areas and other adjacent open areas.
- DEVELOPMENT RIGHTS
- The right or combination of rights of a fee simple owner of undeveloped real property to sell, lease, develop or otherwise improve the property. The acquisition of development rights pursuant to this provision is not intended to preclude the future development of the property to which such rights pertain, so long as any such development is consistent with the purposes of this provision and approval is obtained from the Town Council.
- PLAN OF CONSERVATION AND DEVELOPMENT
- The Plan of Conservation and Development for the Town of Newington adopted by the Town Plan and Zoning Commission pursuant to C.G.S. § 8-23.
- The Town of Newington or its duly appointed representative.
- TOWN COUNCIL
- The Town Council of the Town of Newington or its duly appointed representative.
- TOWN MANAGER
- The Town Manager of the Town of Newington.
There is hereby established a Land acquisition fund for the purpose of acquiring, in the name of the Town, development rights or real property to be used for open space, recreational or agricultural purposes. There shall be deposited into said fund, annually, an amount not to exceed the amount which would be generated by the imposition of a tax of two mills against the property subject to tax in such municipality pursuant to C.G.S. § 12-40 et seq., as may be appropriated by the Town. Such fund shall not lapse at the close of the municipal fiscal year.
The acquisition of real property and development rights pursuant to this provision shall be coordinated so as to maximize open space preservation; protect view corridors, natural vegetation, land forms and other features; minimize the appearance of visually intrusive structures; expand recreational and agricultural opportunities within the Town.
Real property which possesses one or more of the following characteristics shall be given priority for the purposes of acquisition: a recommendation for open space or conservation in the plan of conservation and development; significant recreational value; significant scenic, topographic, conservation or natural resource value; significant historic or archaeological value based on the character of the land and/or improvement thereon; or the potential for use as a greenway.
Development rights which possess one or more of the following characteristics shall be given priority for the purposes of acquisition: the tendency to maintain and enhance the conservation of natural or scenic resources; the tendency to protect natural topography, streams or water supply; the tendency to enhance public recreational activities; the tendency to protect historic or archaeological sites; the tendency to promote conservation of agricultural land; the tendency to promote agriculture; or the tendency to promote orderly development within the Town.
The Town Manager may prescribe administrative procedures for the purposes of effectuating this article.