[Adopted 11-14-1996; amended in
its entirety 4-13-2000]
Open space areas within the City of Derby have been and continue to
be a diminishing resource, and such open space areas are considered a valuable
asset to the community. It is recognized that there is a need to obtain additional
open space areas in order to meet future recreational needs, to preserve agricultural
lands, to protect natural resource areas and to maintain the City's quality
of life. The establishment of an Open Space Trust Fund will permit the acquisition
of land and/or purchase of development rights for areas identified in the
plan of development, open space plan and other recreation or conservation
planning documents.
The following definitions shall apply in the interpretation of this
article:
AGRICULTURE LAND
Any land in the City of Derby 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 production of human food and fiber or production
of other useful and valuable plant products and for 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,
woodland, natural drainage areas and other adjacent open areas.
DEVELOPMENT RIGHTS
The right 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 Board of Aldermen.
OPEN SPACE LAND
Any area of land, including forest land, land designated as wetland
under Connecticut General Statutes § 22a-3, and farmland, the preservation or restriction of the use which
would:
A.
Maintain and enhance the conservation of natural or scenic resources;
B.
Protect natural streams or water supply;
C.
Promote conservation of soils, wetland, beaches, marshes and vernal
pools;
D.
Enhance the value to the public of abutting or neighboring parks, forests,
wildlife preserves, nature reservations or sanctuaries or other open space;
E.
Enhance public recreation opportunities;
F.
Preserve historic sites; or
G.
Promote orderly urban or suburban development.
OPEN SPACE PLAN
A plan or plans prepared by the Open Space Commission, pursuant to
Connecticut General Statutes, § 7-131a, and/or prepared/assisted
by the Planning and Zoning Commission, Recreation Commission or special advisory
committee.
An Open Space Commission is hereby created for the City of Derby for
the preservation and utilization of open space land in such municipality.
The members of the Open Space Commission shall serve without compensation,
but their necessary and actual expenses incurred in the performance of their
official duties shall be paid by the municipality within the limits of any
appropriation made therefor. The Open Space Commission may appoint and remove
secretarial and clerical assistance as it may need for the performance of
its duties within appropriations therefor.
Meetings of the Open Space Commission shall be held at least once every
two months, and at such other times as the Open Space Commission may determine.
The Open Space Commission is empowered to adopt rules and regulations for
putting into effect the provisions of this article, which rules and regulations
shall not be inconsistent with the provisions thereof. The Open Space Commission
shall keep records of its meetings and other activities, and shall make a
written report of its activities to the Mayor quarterly, and shall make such
special reports as the Mayor may request from time to time.