Open Space Ordinance
Ordinance No. 78-33 - Subdivision Open Space Use and Maintenance Ordinance
Disclaimer: This page was taken from the South Windsor Book of Ordinances in effect at the time this page was created. This information is not intended as a substitute for obtaining legal advice from an attorney. It is only intended as a general reference, you are solely responsible for any actions you take on your own behalf. This page should not be used in any legal action; a copy of the current Ordinance should be obtained from the Book of Ordinances in the Town Clerk's office for such purpose. The Town of South Windsor, its management, staff, and webmasters are not responsible for any errors or omissions on this page. If you feel you need more information or assistance, you should consult an attorney and read related sections of the South Windsor Book of Ordinance, Town Charter, Connecticut General Statutes, and the Connecticut Practice Book. Case law cites and annotations have been omitted in the interest of clarity and space. Both are important parts of any law. This page should not be use for legal research without those cites and annotations.
Purpose
The Town of South Windsor recognizes that subdivision open space is a resource that is intended to benefit both the residents of a subdivision and, because of its status as publicly-owned land, all residents of the Town. Town-owned subdivision open space (hereinafter "subdivision open space") generally serves a number of functions, including conservation of natural resources and environmentally sensitive land; screening and buffering of residents from other land uses and developments; preservation of scenic vistas and rural characteristics; and recreational areas. These functions are usually best accomplished through the preservation of subdivision open space in a natural state. The following ordinance, rules, and regulations are designed and intended to accomplish the purposes described herein.
Subdivision Open Space Policy Statement
Subdivision open space land shall be preserved in a natural state and the use of such land shall be limited to appropriate conservation and passive recreational purposes, except where otherwise approved by the Planning and Zoning Commission during the subdivision approval process. Subdivision open space properties may only be modified upon approval by the Town Council following Open Space Task Force review and evaluation of a proposal for modification, and after a public hearing on the proposal.
The following rules and regulations shall govern use of subdivision open space.
Definitions
Accessway, Public – a strip of land under Town ownership, 50 feet or less in width, which fronts on a public street, is located between side boundaries of two residential lots, and serves as a primary entrance onto a larger parcel of Town-owned subdivision open space.
Natural State – land that is undisturbed by human intrusions, including but not limited to: construction; filling or excavation; removal or destruction of trees, shrubs, or vegetation (live or dead); and activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or the preservation of wildlife.
Open Space Task Force – Council-appointed task force is composed of a member from the Parks & Recreation Commission, Planning & Zoning Commission, Inland Wetlands Agency/Conservation Commission, Agricultural Land Preservation Advisory Committee, at least two members of the public, Superintendent of Parks and Grounds, Director of Planning (or any designated member from the Planning Department), and any other members that the Council may appoint. Duties are as assigned by the Town Council.
Recreation, Active – Activities that require physical exertion by people and/or cause physical alterations to the land, such as (but not limited to): exercise walking, sledding, skiing, camping, running, and organized group play.
Recreation, Passive – Minimally intrusive activities that allow the land to remain essentially in its natural state, such as (but not limited to): nature walks, bird watching.
Subdivision Open Space – Any parcel or area of land or water essentially unimproved except under circumstances noted within this policy/ordinance and set aside, dedicated, designated, or reserved for public use or enjoyment, acquired through the Planning and Zoning subdivision process.
Rules and Regulations
1. Prohibited Uses. Subdivision open space shall not be used for any of the following:
a. Any action that creates a nuisance, poses a real or immediate threat, results in damage to or destruction of open space resources or public property
b. Removal or intentional destruction of existing vegetation (including mowing) or the illegal harvesting or collection of native plant materials for personal use or sale
c. All forms of hunting, trapping, or use of poisonous baits
d. Motorized vehicle use beyond the limits of established public access roads and designated parking areas
e. Unrestricted activities of pets such as dogs and/or exotic animals
f. Horseback riding
g. Possession/consumption of alcoholic beverages
h. Any other uses prohibited by municipal, State, or Federal rule, regulation, law, ordinance, or statute.
i. Any other uses similar to uses enumerated in this section.
(The following uses are also prohibited; however, enforcement will occur via the Planning & Zoning Commission zoning regulations.)
j. Storage of equipment
k. Placement of structures, signs, or sports/play equipment
l. Deposition of debris (including grass, leaves, brush, construction debris, refuse, etc.)
m. Excavation, filling, or regarding
n. Planting of vegetation (for example, gardens, landscaping)
o. Grazing of livestock
p. Any other uses similar to uses enumerated in this section.
2. Hours. Subdivision open space may be used for permitted purposes from one-half hour before sunrise to one-half hour after sunset.
3. Enforcement. The commission of any prohibited act as defined within the provisions of this ordinance shall be considered a violation of a Town ordinance and any person so violating this ordinance may be subject to a fine of up to $100.00 for each such violation (each date that a violation occurs or continues to occur shall be deemed hereby as a separate violation for the purposes hereof) and the Town may further issue a citation for any such violation after giving appropriate notice as provided for pursuant to Chapter 98 of the Connecticut General Statutes as amended from time to time.
4. Exceptions. Subdivision open space may only be modified, or the uses thereof expanded, upon approval by the Town Council, following review and evaluation by the Open Space Task Force and Town Council public hearing.
The following modifications/uses are the only modifications/uses that may be considered for approval:
a. Access improvements (including mowing/maintenance of public accessways by adjoining property owners, subject to hold harmless provisions in Section 5).
b. Modification of existing/current Town maintenance/cultural practices
c. Walking trails that allow observation of environmental aspects
d. Seasonal agricultural uses that are consistent with environmental concerns and good land management practices, and consistent with the goals and objectives of this policy/ordinance (this does not include personal, private gardens; see Section 1.n)
e. Redesignation of open space use from passive to active or from active to passive.
5. Hold Harmless Provision. Any property owner granted permission by the Town Council to maintain the public accessway portion or to perform limited mowing of any Town-owned subdivision open space as provided herein must sign and have recorded in the Town Clerk's office a Hold Harmless Agreement in the form provided by the Town. Said Agreement between the Town and the property owner shall terminate upon the conveyance of title to the property owned by such property owner which is abutting the Town-owned subdivision open space which is the subject of such Hold Harmless Agreement. Any permission to use a subdivision open space or public accessway pursuant to the approval process described herein shall expire upon the conveyance of title to the property which is the subject of the Hold Harmless Agreement, requiring the new property owner to reapply for Town Council approval pursuant to Section 4 above.