--- 1. INTRODUCTION --- 2. MAP OF GROWTH --- 3. WATER SUPPLIES ---
--- 4. WASTEWATER --- 5. TRANSPORTATION --- 6. GLOBAL WARMING --- 7. HOUSING ---
--- 8. ECONOMY --- 9. OPEN SPACE --- 10. MIX LAND USE --- 11. TOD --- 12. PEDESTRIAN ---

9-1. INTRODUCTION
This section of the Plan provides a regional perspective on the preservation of open space, farmland, and the development of recreation.

Regional planning for open space and recreation has evolved over the past decade, with more digital map "GIS" technical support, focused political support, planning for regional greenways, regional trails and regional river trails.

Excerpt from the 1999 Ridgefield Town Plan, identifying
existing public and private open space areas in light green and,
importantly, "desirable open space" areas in green cross hatch.

While many people perceive open space to be any land that is not built upon, such a definition includes private land subject to development and is thus not accurate. Such perceived open space is not preserved open space.

Rather, preserved open space is defined as publicly controlled land that is preserved or restricted to park, recreation, or conservation use.

Aside from its role as the setting for numerous forms of recreation, open space achieves other goals on the local and regional level. Consider that such land contributes to the environmental health of watersheds by providing extended areas for recharge of groundwater and filtering of surface water runoff.

And like wetlands, open space can reduce flooding severity by providing a holding area for flood water. Wildlife habitat is also enhanced through open space acquisition, especially when open areas are linked to create wildlife corridors.

Preserving open space areas, particularly forests, will also contribute to worldwide efforts to combat global warming by absorbing carbon dioxide from the atmosphere.

According to the Trust for Public Land there are real tax benefits associated with retaining open space. In simple terms, there are few public expenditures compared to a single family residential subdivision on the same site.

And residential property lucky enough to be adjacent to open space benefits from the provision of a neighborhood buffer and visual relief from nearby development, adding to value. Open space also provides an economic return by providing opportunities for outdoor recreational suppliers and ecotourism industries.

As for a definition of recreation, the following passage from the 2002 Danbury Plan of Conservation and Development states it well:

"Recreation consists of any leisurely pursued experience or activity engaged in solely for the pleasure of doing it.

Active recreation includes sports, exercise, or active play at facilities that include, among others, playgrounds, playing fields and courts, beaches, pools, multi purpose play areas, and golf courses.

Passive recreation is defined as relaxation activities such as hiking, nature watching and picnicking.

Whether active or passive, recreation is, above all, more than relaxation and diversion from work. It re-creates the individual."

Photo courtesy of Rick Gottschalk

View from New Fairfield east towards Brookfield over
Candlewood Lake, the largest lake in Connecticut.

9-2. MUNICIPAL INVENTORY
OF OPEN SPACE ASSETS
It is recommended that municipalities inventory their public and private undeveloped lands to determine preservation and purchase priorities.

To note a good example, in 2002- 2003 the City of Danbury collaborated with the Land Trust of Danbury and the Danbury Conservation Commission to secure a grant to conduct such an inventory. An excerpt from the resulting map is shown below:

Excerpt from Danbury's 2004
Natural Resource and Open Space Analysis

The grant funded a model for ranking the values of undeveloped lands, based upon criteria such as size of property, proximity to other open space areas, accessibility, natural resource features, and threat for future development.

The computer model then ranked the lands into categories of high, medium and low for protection, preservation or acquisition and mapped the locations of each.

9-3. THE GREENWAY CONCEPT
Greenways are corridors of open space that are preserved by deeded conservation easements or public acquisitions with development restrictions. Greenways often link key habitats along their corridors and are frequently linked to keystone natural resources.

These corridors are typically traversed by trails dedicated to passive recreation and environmental education. Greenways are thus functional bridges between open space and passive recreation.

Creating new greenways in the region involves the following elements:

• Planning – identifying the tracts of property that are needed to preserve corridor environmental and ecological features, connectivity of resources and properties, and public access.

• Acquisition – execution of agreements with property owners for acquiring access and preservation easements or outright transfer of ownership to municipal or state governments.

• Conservation Construction – clearing trails, constructing river crossings, creating environmental restoration demonstration projects, installing environmental education signs etc.

Examples of regional greenway initiatives in the Housatonic Region include the Ives Trail Greenway (Ridgefield, Danbury and Bethel), the Still River Branch of the Housatonic Valley River Trail (Danbury, Brookfield and New Milford) and the proposed Sugar Hollow Greenway (Danbury, Redding, Ridgefield and Wilton).

Excerpt from the 2003 New Fairfield Plan of Conservation
and Development's Open Space and Greenway Plan.

The double red line identifies the proposed "Central Axis Greenway"
along Short Woods Brook. The red cross hatch identifies
Margerie Reservoir, where a greenway to Danbury is planned.
The double black line identifies the proposed Eastern/Western
Greenway thru the schools complex. They all meet at the Town Center.

There is funding available to subsidize greenway planning through DEP’s recreational trails and open space acquisition grant program.

9-4. DEP'S GREEN PLAN GUIDES
OPEN SPACE ACQUISITION
It is important to note that according to DEP's "Green Plan for Guiding Land Acquisition and Protection in Connecticut 2007-2012", the overall state goal is "to continue to acquire and protect land to satisfy a variety of needs as expressed in Connecticut General Statutes 23-8(b) and in various State plans... and to support local and regional plans (italics added), where available."

The DEP Green Plan goes on to define the several criteria for prioritizing open space grant applications. One of these is "locational concerns," stating that:

"The relative location of a property to be acquired or protected is also important.
For example, a property might merit special consideration if it is adjacent to or near existing protected open space; provides a buffer for a high value ecological area on protected open space; is an addition to existing protected open space that will create greenways or improved access to existing state parks, forests or wildlife management areas; or can connect two or more ecologically valuable areas to provide wildlife corridors."

Then under "general evaluation considerations" for state purchase of open space, it is further stated that "the proximity to urban areas or public transportation is an important consideration for the Department in our pursuit of environmental equity."

Grant applications to DEP from area municipalities are advised to remind that agency of the way in which statewide open space acquisition policy was organized on a regional basis some years ago:

In DEP’s 1987-1992 Statewide Comprehensive Outdoor Recreation Plan (SCORP), land preservation needs were assessed on a planning region by planning region basis.

In what was a daring move for a statewide document, the 1987 - 1992 SCORP concluded that “A consideration of all the foregoing factors have made acquisition of public open space in the Housatonic Valley Planning Region this SCORP’s highest priority among all of the state’s planning regions.”

Unfortunately, that high priority geographic focus was soon diluted in subsequent SCORP’s. Yet there has been little change to the data base dynamics that led to the earlier statewide priority for the Housatonic Valley.

Thus the earlier DEP view retains validity as a selection factor for state assisted open space purchases in the Housatonic Valley Planning Region.

9-5. TEMPORARY OPEN SPACE
THRU USE OF PUBLIC ACT 490
In the 1960's it became apparent that Connecticut was rapidly losing open land to development due to the disproportionate tax burden for retaining it "as is." This was certainly true here in the Housatonic Valley Planning Region, where the population that decade grew by a stunning 56%.


In response, in 1963 the Connecticut General Assembly passed what is commonly referred to as Public Act 490. This relieved the pressure, due to property tax carrying cost, on conversion of farm, forest and open space lands to more intensive uses.

Good land suitable for home sites,
yet taxed at a low level as agricultural use.

Codified today as Section 12-107 of the CT General Statutes, this law states that it is in the public interest to encourage the preservation of farm land, forest land and open space and to prevent the forced conversion of land to more intensive uses.

The statute provides for the valuation of qualifying land based on its current use. Thus when land is classified as farm, forest or open space its assessment is based on use value, rather than on its open market value (highest and best use) for housing or other uses.

Use value assessments are lower than those based upon fair market values. The owners of such land receive preferential but legal property tax relief. Connecticut is not unique, as every state in the nation has a use value assessment law for farm, forest and open space.

9-6. SECURING PUBLIC LAND DURING
TRADITIONAL SUBDIVISION PROCESS
As authorized by state statute, a small percentage of vacant land in a residential subdivision may be reserved as open space by municipal regulation. The goal is for the municipality to obtain land of open space and recreational value, not exclusively "left over" wetland or unbuildable "waste" land.

For example, Woodbury adopted the criteria below in its subdivision regulations. They are applied with some flexibility but are broad enough to provide that commission with leverage to get what it wants - open space, easements, fee in lieu of open space (FILO), or some combination:

Criteria: The land reserved shall be of such size, location, shape and topography and of a general character as to meet the requirements in Section 4.9.3, below, and one or more of the following criteria: a: land meeting the objectives and criteria for open space preservation as specified in the Woodbury Plan of Conservation and Development. b. areas providing for the expansion and/or protection of existing open space and recreational areas.

c: areas of woodland and/or farmland useful as wildlife habitat. d: Streambelts. e: prime agricultural land. f: areas providing or protecting existing or potential drinking water supplies. g: areas adjacent to town streets with features such as large trees and stone walls and which retain the rural character of the Town. h: ridge tops and other areas of scenic vistas, which add to the open space quality of the Town.

i: areas of significant tree cover, historic sites, archeological sites, water-related resources, or other agricultural or environmentally important lands, soils or geological phenomena. j: land which serves as buffer between existing residential development and proposed development areas.

Open Space Calculation: Land preserved ... may include wetlands (as determined by a certified soil scientist) and steep slopes (in excess of 25 percent) provided that the percentage of land in these categories shall not exceed the percentage of land in these categories for the entire tract proposed for subdivision.

Some additional insight as to open space in subdivisions is provided by the 2007 Bethel Plan of Conservation and Development:

Some communities require as much as 20 percent of subdivided lands be dedicated as open space. Bethel should consider revising the subdivision regulations to require that at least 15 percent of any subdivided parcel be dedicated as open space during the subdivision process, or an equivalent fee in lieu be provided, limited to 10% of the land value by State Statutes.

9-7. SECURING PUBLIC LAND BY USE
OF "OPEN SPACE" SUBDIVISIONS
These specialized subdivisions are a means for a town to secure significant amounts of protected open space, at no direct cost to the town.

According to Newtown's 2003 Analysis of Open Space Conservation Subdivisions, the open space conservation subdivision is a tool used by municipalities to manage the subdivision of land for residential development in a manner that results in more effective conservation of the natural environment and the preservation of a town’s community character.

The report notes that Newtown’s conventional subdivision process usually secures about 10+% of the land area being subdivided as open space. By contrast, an open space conservation subdivision typically results in the preservation of at least 50% of the subdivision as protected open space.

Fundamentally, open space conservation subdivisions enable a property to be developed for housing at the same gross density as is permitted under existing municipal zoning.

Note also that according to the 2003 Newtown research, wastewater disposal concerns for open space conservation subdivisions and multi-family housing complexes have been largely resolved.

Preserved green space over
the community septic leaching field
at Newtown's Riverview Condominium

The 2007 Bethel Plan of Conservation and Development promotes this concept, labeling it "conservation residential development" or CRD:

To encourage the use of CRD's, the Commission might consider CRD's as of right and require a special permit for conventional subdivisions in the R-40 and R-80 zones for areas larger than 20 acres.

By adopting density standards for CRD and applying them to the buildable land within a CRD, a development yield approximating a conventional subdivision can be easily determined without the added expense of additional soil testing and preliminary subdivision designs.

The increased development flexibility, reduced infrastructure costs and streamlined approval process would make CRD's the preferred development option.

A model community for our towns to emulate is Granby, Connecticut, where conservation subdivision practices have been successful. As noted in 2008 by Granby's Director of Community Development Francis Armentano:

While I try to think regionally, as a municipal planner, I can only act locally. To that end, and through creative cluster/conservation subdivision, here in Granby we have preserved an orchard, preserved significant acreage for farming (land is now mostly provided to dairy farmers to grow silage) and created some fabulous hiking trails.

We have also avoided forest fragmentation, preserved significant wildlife habitat, greatly reduced the length of roads and more, all while creating some wonderful housing. Granby has preserved over 600 acres through cluster subdivision. And to the benefit of not just the town, but to the region.

9-8. PRESERVING FARMLAND
The Housatonic Valley Region still retains some tracts of native farmland, especially at the northern end. Suffield, CT is offered as a model municipality for the preservation of farmland. It has a very successful "purchase of development rights" program for this purpose.

Development rights purchased are priced at from 40% to more than 60% of the fair market value of the land, and as of 2008 there is a waiting list of participants to have their development rights purchased.

Part of Suffield's success is due to flexibility with respect to future expansion of agricultural activities and allowing an additional house for future family growth.

The Connecticut Department of Agriculture offers a farmland preservation program. The nicely preserved and highly productive Blue Jay Orchards property in Bethel is a good example of the success of this state program.

9-9. SECURING PUBLIC LANDS THRU
INLAND WETLAND PERMIT CONDITIONS
In the process of reviewing, evaluating and issuing permits for development proposals, inland wetland commissions may deny, approve or approve applications with stipulations.

The stipulations on permits may include the requirement for a deed recorded conservation easement that permanently preserves the environmentally sensitive portions of the site.

Depending upon specific regulations and bylaws, commissions may also consider stipulating acquisitions or easements on properties off site of the development parcel.

9-10. OPEN SPACE RECOMMENDATIONS
Preserve ample open space and develop recreational opportunities for the Region's future population.

1. The Housatonic Council's top regional open space preservation priority is the state purchase of a conservation restriction from Northeast Utilities for Vaughn's Neck in Candlewood Lake.

Pristine Vaughn's Neck in Candlewood Lake

The Vaughn’s Neck and adjacent Candlewood Mountain area comprises 710 acres in New Fairfield and New Milford and is the largest contiguous track of Northeast Utilities property on Candlewood Lake, itself the largest lake in Connecticut.

If the property were to be developed, the recreational and aesthetic quality of Candlewood Lake would be greatly reduced, affecting property values as well as the enjoyment of thousands throughout the Region and beyond.

Also, water quality of one of Connecticut’s premier inland water resources could be impaired. Important wildlife habit would be threatened, as well as one of Connecticut’s important fisheries.

Additional regional open space preservation priorities include:

EXPAND HUNTINGTON STATE PARK. HVCEO endorses the purchase by DEP of the 168 acre Bogus Farm in Bethel. This pristine property should be added to adjacent Huntington State Park, a regional park straddling the Bethel, Redding and Newtown border area.

The key 168 acre Bogus Farm property shown in red,
a proposed addition to adjacent Huntington State Park

This endorsement is closely tied to the Smart Growth goals of HVCEO's Regional Plan, as the Plan includes the entirety of the Bogus Farm within the HVCEO Growth Guide Map's Remote Area designation for southeastern Bethel.

The purchase is thus a defining policy to contain sprawl in the southeastern segment of the Greater Danbury metropolitan area. Its preservation to limit advancing density is particularly crucial.

The location of the Bogus Farm in the Aspetuck Water Supply Watershed will also assist with insuring the purity of that public drinking water supply area.

PRESERVE TERRE HAUTE. Complete the process of protecting this attractive wild and scenic area along the Danbury and Bethel border.

COMPLETE THE RIDGEFIELD - DANBURY - BETHEL IVES TRAIL. Proceed with the the purchase of privately owned properties (or purchase of conservation / public access agreements) that will link the public open space properties along the Ives Trail.

COMPLETE THE DANBURY - BROOKFIELD - NEW MILFORD HOUSATONIC VALLEY RIVER TRAIL. This priority is for the purchase of privately owned properties (or purchase of conservation / public access agreements) that will link the public open space properties in Brookfield and New Milford for the regional Housatonic Valley River Trail.

2. Provide adequate open space in built up areas by providing for small public greens and pocket parks, enhancing existing public greens, and promoting street tree programs.

Photo courtesy of Didona Associates
Elegant and award winning
Elmwood Park in Downtown Danbury

3. All municipalities should make available the option of fees in lieu of open space (FILO) in traditional residential subdivisions, as authorized by State Statute Chapter 126 Section 8-25b.

Such funds received from developers are available for surveys, appraisals and conservation easements, as well as for the more traditional purchase of development rights or full public purchase.

4. Support the use of open space conservation subdivision regulations, which allow a greater percentage of land to be preserved for open space. In doing so use make use of Newtown's leading research on this technique.

5. Include farmland preservation in open space planning efforts, to retain the region's history of agriculture as well as to provide local produce and educational opportunities.

6. There are two regional recreation features for which HVCEO will provide direct management assistance: 1 ) HVCEO will provide permanent web site hosting for the Housatonic Valley River Trail and annual funding for its River Trail Manager. 2) HVCEO will provide permanent web site hosting for the Ives Trail Greenway.

7. Encourage the consideration of additional multi-purpose trails and greenways, especially the Sugar Hollow Greenway in Danbury, Redding, Ridgefield on property owned by Conn DOT for the now defunct Route 7 Expressway.

8. HVCEO will maintain a web based inventory of open space and conservation organizations in the region to promote them and to facilitate their interaction.

9. Promote the acquisition of open space land through the DEP Open Space Grant Program. HVCEO staff will provide an individualized letter of support to each applicant.

The Weantinoge Heritage Land Trust preserve
on the Thomas Peardon Farm in Bridgewater
has spectacular views

10. Promote temporary open land protection through tax assessment abatement programs (Public Act 490).

11. Consider viewshed protection, based on examples such as the zoning methodology for protecting viewsheds in Kent, CT or as found in the Woodbury, CT subdivision regulations.

12. Encourage municipalities to create an inventory of conservation easements already existing in their municipality and then map them, thereby enhancing coordinated open space and greenway planning.

13. HVCEO's GIS mapping services will be made available for a) local land preservation efforts, and b) CT DEP's emerging Statewide Trails Database by providing digital input of this area's trails.

14. As noted above, grant applicants to DEP are advised to remind that agency of the way in which statewide open space acquisition policy was organized on a regional basis some years ago:

In DEP’s 1987-1992 Statewide Comprehensive Outdoor Recreation Plan (SCORP), land preservation needs were assessed on a planning region by planning region basis.

The SCORP concluded that “a consideration of all the foregoing factors have made acquisition of public open space in the Housatonic Valley Planning Region this SCORP’s highest priority among all of the state’s planning regions.”

The Housatonic Region provides access to the
CT segment of the Appalachian Trail
from Route 55 in Sherman, CT

The creative contributions of
consultant Jack Kozuchowski to this section
of the Regional Plan are gratefully acknowledged.

--- 1. INTRODUCTION --- 2. MAP OF GROWTH --- 3. WATER SUPPLIES ---
--- 4. WASTEWATER --- 5. TRANSPORTATION --- 6. GLOBAL WARMING --- 7. HOUSING ---
--- 8. ECONOMY --- 9. OPEN SPACE --- 10. MIX LAND USE --- 11. TOD --- 12. PEDESTRIAN ---