East Hampton CT - Section VI. OPEN SPACE AND RECREATIONAL AREAS

For the purpose of this Section VI, the following terms shall be defined as follows:

a) Open Space: "Open Space" includes, but shall not be limited to: Land left in its natural, undisturbed stated; agricultural land for which development rights have been assigned or otherwise alienated in perpetuity; land areas and facilities for noncommercial, non-profit recreation; and similar land areas for wildlife habit, passive and active recreation, groundwater recharge, scenic preservation, and the like.

b) Improvement or Public Improvement: Any change or alteration to the existing conditions of the subdivision site: (i) for the purpose of complying with these Regulations, or any approval granted hereunder, or (ii) depicted on any Final Subdivision Plan approved hereunder, or (iii)rendering the site more suitable for development and/or habitation. As used in these Regulations, improvements include but are not limited to: Construction and installation of roadways, paved streets, curbs, gutters, utilities, street signs, monuments, shade trees and drainage facilities; erosion and sedimentation control measures; buildings, earth filling or removal, seeding and grading; the establishment or construction of park, playgrounds, recreational buildings, equipment, structures, fields, and similar facilities; and facilities designed to detain, redirect, store, or treat stormwater discharge.

c) Land: Real property, including improvements thereof and thereof, and all estates, interests, and rights therein of any kind or description, including, but not limited to, easements, rights-of-way and water and riparian rights, provided that these interests run in perpetuity with the subject real property.

d) Inland Wetland: Those areas designated and defined as inland wetlands by the Connecticut General Statues, as the same may be amended form time to time.

e) Watercourse: Those areas designed and defined as watercourses by the Connecticut General Statutes, as the same may be amended from time to time.

f) Commission: As used in this section, commission means the East Hampton Planning and Zoning Commission.

2. Disposition Factors

For any subdivision of land resulting in 5 or more lots, the Commission may require of the subdivider the disposition and official dedication of appropriately located and sized Open Space areas. In determining the appropriateness of an Open Space area disposition, the Commission shall consider the Plan of Conservation and Development objectives and map designations, the East Hampton Open Space Inventory, and the subject site's characteristics with respect to the following objectives: (I) Land described in the Plan of Conservation and Development as desirable open space; (ii) The conservation and protection of wildlife and natural or scenic resources including lakes, ponds, rivers, streams, streambelts, greenbelts, inland wetlands, aquifers, scenic views, hiking trails, significant woodlands, stands of unique or scenic trees, particular trees of special size or unusual type, ridges, ravines, stone fences and walls, ledge outcroppings and other unusual physical features; the protection of historic and archaeological sites; (iii) the expansion of existing Open Space areas; and (iv) the meeting of neighborhood and/or community-wide recreational needs. In determining the location of Open Space, the Commission may consider potential for combination with existing or proposed Open Space on adjoining properties owned by any public or private institution.

3. Size and Location

Where Open Space disposition is deemed appropriate, the location and size of the required areas shall be determined by the Commission based on the site's value and importance in meeting the objectives cited in Section VI.2 and the scope of the subdivision proposal. Required Open Space shall be at the rate of 1 acre per 5 lots, and shall not be less than 15 percent of the total area of the subdivision, although a greater percentage may be accepted by the Commission. The Commission may waive the open space requirement entirely or adjust the amount required for that application by a 3/4 vote provided:

a) The resulting land would be too small to be practical as Open Space or has none of the characteristics set forth in Section VI.2, and

b) the parcel is not adjacent to other existing or planned Open Space or adjacent to other land that could be suitable as Open Space.

In determining the location of land to be reserved as Open Space or recreation land, the Commission may consider not only the tract or tracts of land to be immediately subdivided, but also any other adjacent tract or tracts owned, controlled or under agreement to buy or option to buy by the subdivider. Areas to be reserved as Open Space land shall be shown on the subdivision map. Roads, drainage and utility easements, and land set aside for drainage structures shall not be counted as part of the area calculation for open space.

4. Sites of Archaeological Significance

When subdivisions are located in areas of high Archaeological Sensitivity as indicated by the State Archeologist and/or in the East Hampton Open Space Inventory, applicants shall make written inquiry of the State Archaeologist to determine if there is evidence of sites of archaeological significance within the subdivision. Any significant sites shall, where possible, be left undisturbed and may be considered in meeting the minimum Open Space requirements of the Chapter.

5. Method and Procedure of Disposition

a. Method of Preservation, Entity having Title. The Commission shall determined the most appropriate method of disposition after considering, among other things, the relationship of the subject areas(s) and its specific characteristics to the Plan of Conservation and Development and the objectives cited in Section VI.2; the desirability and suitability of public access and use and the scope of the subdivision proposal. The following disposition options may be utilized by the Commission:

1) Conveyance in fee simple to the Town.

2) Conveyance in fee simple to the State of Connecticut.

3) Conveyance in fee simple to a land trust (with the concurrence of the subdivider).

4) Conveyance in fee simple to a homeowner's association.

5) Conveyance of conservation easements withor without public access

Conveyance of conservation or preservation restrictions, as defined in the Connecticut General Statutes §47-422, with or without pubic access, to the Town, the State, or a private, non-profit preservation entity.

6) Conveyance of a recreation easement to the Town, the State, or a private, non-profit recreational entity.

7) Conveyance of an agricultural easement to the Town, the State or a private, non-profit farm preservation entity.

8) Private ownership with appropriate severance and conveyance of development rights.

9.) Any combination of the above or any suitable alternative approved by the Commission.

The applicant shall designate in its application which of the foregoing entities is proposed to own the Open Space, but, as part of the approval of such application, the Commission may modify such designation to require ownership by one of the public entities set forth above, provided, however, that the Commission may not require ownership by a entity described in Subsection (3), nor any conveyance to a private entity, which shall be approved only when consented to by the applicant. Furthermore, the Commission may modify any application so as to designate Open Space in locations other than those proposed. In determining whether the proposed entity is appropriate to own the proposed Open Space, or whether to require Open Space in locations different from those proposed, the Commission shall consider the following factors: (i) The ownership of any existing Open Space on adjacent properties, or the proximity to non-adjacent Open Space which might reasonably interconnect with the proposed Open Space in the future; (ii) the proposed use of Open Space for active or passive uses, and the extent to maintenance, supervision, or management required; (iii) the potential benefits which the Open Space might provide to residents of the Town or the State, if it were accessible to them; (iv) the size, shape, topography and character of the Open Space; (v) the recomemndations of the East Hampton Plan of Conservation and Development; and (vi) the reports or recommendations of any State or Town agencies, including, but not limited to, the Town Council, the Inland Wetlands and Watercourses Agency, the Park and Recreation Commission, the Conservation Commision, the Midstate Regional Planning Agency, and the Connecticut Department of Environmental Protection.

b. Alteration of Open Space. Any excavation, filling, regrading or other alteration of Open Space; any construction or expansion of any building, structure or other improvements thereon; or any paving or surfacing of Open Space subsequent to the date of approval of the Subdivision, other than work required by the plans as approved, shall require and amendment to the Subdivision approval granted in accordance with the applicable Sections of these Regulations.

c. Evidence of Acceptance. The application whall contain written evidence, satisfactory to the Commission, from the entity proposed to own the Open Space, stating that it is willing to accept ownership of and resposibility for the preservation an maintenance of the Open Space.

d. Required Provisions. Regardless of the manner of ownership of the Open Space, the instrument of conveyance must include provisions satisfactory in form and substance to the Commission to insure that the Open Space is dedicated to its intended purpose in perpetuity.

e. Recording. At the time the approved Subdivision Plan is filed, all the provisions for Open Space must be on the filing.

f. Boundary Lines. Prior to any land clearing of the approved subdivision or approved building lot, the conservation easement shall be marked with oak stakes labeled "Conservation Easement" with waterproof ink and tied with red flags. These stakes are to be located at each change of boundary direction and at every 100-foot interval on straight-aways. All conservation easement corners shall be permanently marked with iron pins. In addition, sequentially numbered signs with the lettering "East Hampton Conservation Easement" shall be nailed to trees closest to the boundary line, at approximately 100 foot intervals. These signs shall be made of durable metal no less than 5 inches across. The sign shall be installed about 7 feet above grade, using two 3-inch or greater aluminum nails, with the nails left protruding from tree trunks about 1-1/2 inches. Where no trees are suitable, 7-foot high metal posts with easement or conservation area signs attached will be used. The maintenance of these markings shall be the responsibility of the property owner. The Town of East Hampton will not allow any construction activities to begin without first verifying full compliance with this permanent marking and post requirement. Compliance with this requirement shall again be confirmed prior to issuing a "Certificate of Occupancy" for each property upon which a conservation easement exists.

6. Conditions of Open Spaces and/or Recreation Land

Open space shall have access suitable for its intended purpose. For open space that will be deeded in fee simple, or in common ownership, a right of way at least 25 feet wide shall be provided with adequate drainage and slope characteristics, prepared in a manner suitable for its intended purpose. Access can be from existing abutting Open Space land, if appropriate. The Commission may waive any of these requirements where access is less critical, such as in passive wildlife preserves or fragile ecosystems. The access way area shall not be counted as part of the calculation for open space.

Any subdivision that results in 20 lots or more shall provide land suitable for active recreation, which may consist of an open area suitable for organized sports or a hiking or walking trail with public access, at the discretion of the Commission.

Land to be provided as Open Space for the purpose of conservation and protection of wildlife and natural or scenic resources shall typically be left in a natural state by the subdivider. Except for improvement or maintenance as may be expressly permitted or required by the Commission. Open Space areas shall not be graded, cleared, or used as a repository for brush, stumps, earth, building materials or debris. The Commission may require that all or a part of the open space be prepared by the applicant in a manner suitable for its intended purpose. This may include clearing, grading, and seeding. The ratio of the area of proposed Open Space classified as inland wetlands to the total area of the Open Space set aside shall not exceed the ratio of all inland wetlands in the subdivision to the total area of the subdivision, unless it considers such areas to have special habitat or other environmental value.

When site improvements are required, they shall be clearly shown on the final subdivision maps or alternately on a separate site improvements plan and they shall be approved by the Commission prior to the filing of the subdivision plan.

The Commission may refer for review and comment any subdivision plan and proposal for the provision of Open Space land to the Conservation Commission, Inland Wetlands and Watercourses Agency, Park and Recreation Commission, Middlesex County Soil and Water Conservation District, the Department of Environmental Protection, Midstate Regional Planning Agency, or any other appropriate agency.

Any Open Space suitable for active recreation shall be referred to the Parks and Recreation Commission for review and comment.

8. Performance Bonding

To ensure proper construction of any required improvements, the Commission shall require the subdivider to post a performance bond, letter of credit, or other suitable security an amount and with terms acceptable to the Commission. Unless modified by the Commission in accordance with these Regulations, all required improvements of Open Space land shall be completed prior to the occupancy of fifty (50%) percent of the lots within the subdivision.

9. Property Owners’ Association

The Commission may, upon the request of the subdivider, permit the ownership and maintenance of the Open Space to be transferred to an association of property owners. Such transfer shall be in accordance with standards established by the Commission to include, but not limited to the following.

a) Creation of the association or corporation prior to the sale of any lot.

b) Mandatory membership in the association by all original lot owners and any subsequent owner;Non-amendable bylaws or other restrictions which require the association to maintain the land reserved for Open Space, park and playground purposes, with power to assess all members for all necessary costs.

c) Provisions/restrictions which will be perpetual and binding on all future property owners, and will not be affected by any change in land use.

Properly executed legal documents, including warranty deeds for any title transfers, shall be prepared in accordance with the provisions of this Section. Warranty deeds for open space shall be executed before the first lot is offered for sale or development is started. All warranty deeds shall be accompanied by a certificate of title, prepared by an attorney admitted to the bar of the State of Connecticut, certifying that such conveyance passes good title to the described property or property interest, and that it is free and clear of any defect or encumbrances, or that any such encumbrance has been subordinated to the conveyance. All documents must be acceptable to the Commission and its attorney, and shall refer to the subdivision maps by title. All warranty deeds for dedication of land to the Town shall be held in escrow by the Commission to be recorded on the Town Land Records upon acceptance by the Town Council. In the event that acceptance is rejected by the Town Council, the deed shall be returned and the subdivider shall return to the Commission for determination of an alternative means of preserving the Open Space. In no case, shall the acceptance of any deed by the Commission or an employee of the Town be deemed as acceptance of the Open Space by the Town. All Open Space preserved by means of easements or restrictions shall comply with the requirements of Connecticut General Statues §47-42(a) through §47-42(c).

11. Land Trade for Open Space Protection

If the applicant has adjoining property or property in another location, which the applicant would propose to be used as dedicated open space or Conservation Area, and which have been identified as being of significant environmental importance to the Town of East Hampton as described in Sec 23.2.5.e or has been identified as a sensitive or priority area under the Towns Plan of Development. (Recommended for conventional subdivision) the Commission may consider such a land trade as a credit toward any Open Space disposition requirements, but may not require such dedication. (effective 12/6/03)