Public Act 490 Guide - CT.gov

Examples of Open Space Criteria
Some planning commissions in order to prevent
forced sale of land have adopted a policy statement as
part of their plan of development which declares all
undeveloped tracts in excess of a given acreage, usually
one to five acres, as eligible for open space classification
under PA 490. Other commissions have designated
open space lands as all excess land over and above the
minimum lot size required by the zoning commission,
as eligible under the open space portion of the Act.
Other commissions have delineated specific areas of
open space. 3
Town of Ellington — Qualification Criteria from
the Ellington Open Space Assessment Ordinance:
“For the purpose of assessment, and pursuant to the
provisions of Sec. 12-107e of the Connecticut General
Statutes, as amended, all land in the Town of Ellington
located in either the RA, AA or A zones may be designated
as open space land. Upon application by the
property owners parcels which qualify may be classified
as such by the Assessor subject to the following
provisions:
1. The designated open space shall be that
undeveloped land in excess of five (5) acres.
2. Contiguous parcels of land within a zone having
the same title owner (except subdivision lots of record)
may be aggregated for the purpose of determining
the area which is eligible for open space. Parcels which
are bisected by a Town or State Road are considered
to be contiguous parcels of land.
3 University of Connecticut Nonpoint Education for Municipal
Officials (NEMO).
3. Effective on the date of approval as subdivision or
re-subdivision, any land which had been designated as
open space by the Assessor shall be removed from such
designation, and a conveyance tax paid, if required
under Sec. 12-504a of the Connecticut General Statutes.”
Town of Brooklyn — Qualification Criteria:
All land within the town of Brooklyn may be eligible
for the Open Space Classification. Where there is a
residence on the property, it is any land in excess of the
zoned lot size.
Town of Colebrook — Qualification Criteria:
The Open Space Classification only applies to that
acreage that exceeds double the minimum lot size
required by zoning.
Town of Putnam — Qualification Criteria:
A minimum of five acres to qualify. It there is a dwelling
on the parcel, then there must be a minimum of seven
acres to qualify.
Town of Ridgefield — Qualification Criteria:
Land in excess of twice the zoned lot size. Subdivided
lots do not qualify. All residential land could qualify if
criteria is met.
Town of Cromwell — Plan of Conservation and
Development Open Space:
“To encourage the owners of large residential parcels
to keep their excess land undeveloped, excess land of
not less than four acres is hereby designated as ‘open
space’ land. ‘Excess land’ is defined as the contiguous
undeveloped portion of a lot, above and beyond the
minimum lot area required for the zoning district which
the parcel is in.”
SECTION 7: OPEN SPACE CLASSIFICATION
Connecticut Farm Bureau Association • http://www.cfba.org/pa490guide.htm • Public Act 490: A Practical Guide and Overview
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