Town of Killingworth, CT Chapter 352 Open Space

[HISTORY: Adopted by the Town Meeting of the Town of Killingworth 12-14-1987. Amendments noted where applicable.]

§ 352-1 Authority of Selectmen to accept open space land.

The Board of Selectmen is authorized to accept 3.34 acres of open space land from Killingworth Common, Ltd., located south of Little City Road, as shown as proposed dedicated open space on a map or plan titled "Proposed Subdivision Land of Killingworth Common, Ltd. (Owner-Applicant), #4 Water Street, Chester, Connecticut 'Partridge Hollow — North,' Little City Road, Killingworth, Connecticut; scale 1" = 100', April 6, 1987, Revised July 28, 1987," which map is on file at the office of the Town Clerk of the Town of Killingworth.

§ 352-2 Use of open space and conservation-restricted property by motorized and nonmotorized vehicles.

[Added 1-21-2009]

A. Purpose. The purpose of this section is to place restrictions on the use of motorized and nonmotorized vehicles on certain designated properties in the Town of Killingworth.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

CONSERVATION RESTRICTION

All easements, declarations, or other property interests or restrictions, either existing or which may hereafter be acquired, which run in favor of the Town of Killingworth and which provide for the preservation of land not owned in fee simple by the Town and which provide for public access in some form, including, but not limited to, trails, scenic overlooks, bridle paths, bikeways, and similar routes of passage for recreation, nature study, contemplation, or other similar uses.

CONSERVATION RESTRICTION LANDS

Lands subject to a conservation restriction in favor of the Town of Killingworth.

MOTOR VEHICLE

Motorized vehicles, including automobiles, trucks, farm or agricultural vehicles, tractors, motorcycles, motorbikes, motor scooters, go-carts, snowmobiles, motorized bicycles, mopeds or all-terrain vehicles.

NONMOTORIZED VEHICLES

Vehicles not having a motor, including bicycles, skates, skateboards, nonmotorized scooters, and baby strollers.

OPEN SPACE

All land owned or hereafter acquired in fee simple by the Town of Killingworth which has been designated as "open space" by the Board of Selectmen, upon the recommendation of the Conservation Commission, and which is maintained essentially in its natural, undisturbed condition. Open space shall specifically not include parks, athletic fields, and playgrounds as defined in the Code of Ordinances, § 360-1.

C. Restrictions. The following restrictions apply to all open space and conservation restriction lands, except where such restrictions are limited by the express terms of the subject conservation restriction, per Subsection D herein.

(1) Motorized vehicles restricted. On open space and conservation restriction lands, motorized vehicles are restricted to parking areas, vehicular access driveways and other areas specifically posted for motor vehicle use by the public. No motorized vehicles shall be allowed on any other portion of open space or conservation restriction lands at any time except as provided in Subsection C(2) below.

(2) Exemptions. The following motor vehicles and uses are exempted from this prohibition:

(a) Town maintenance vehicles, ambulance, law enforcement, fire or other emergency vehicles are allowed to enter onto open space and conservation restriction lands in the course of carrying out their normal duties.

(b) Snowmobiles may be allowed onto open space and conservation restriction lands with prior permission of the Board of Selectmen, but only to set cross-country ski tracks or to otherwise install or maintain Nordic trails.

(c) Construction or maintenance vehicles owned and operated by private contractors may be allowed to enter onto open space and conservation restriction lands subject to specific written permission from the Board of Selectmen.

(d) Agricultural, farm or personal vehicles owned by the fee owners of the land restricted by a conservation restriction, or their employees, agents, or contractors, are allowed to enter onto conservation restriction lands subject, however, to the terms of the conservation restrictions or agreements between the Town and such fee owners of the subject property.

(e) Wheelchairs or similar vehicles necessary for access by those suffering physical handicaps shall be permitted onto open space and conservation restriction lands.

(3) Nonmotorized vehicles. Nonmotorized vehicles shall be permitted onto trails designated for nonmotorized vehicles and located in open space and conservation restriction lands. No nonmotorized vehicles shall be permitted onto trails posted as restricted to pedestrians only. All trail users will travel at safe speeds at all times.

(4) Right-of-way. In areas or trails of mixed use, e.g., horses, nonmotorized vehicles and pedestrians, equestrians shall have the right-of-way in all circumstances. Nonmotorized vehicles shall yield to pedestrians.

D. Conflict with conservation restriction. If there is a conflict between any of the provisions of this section and the terms of any conservation restriction for particular conservation restriction lands, then the terms of such conservation restriction shall control.

E. Rules and regulations. The Board of Selectmen may promulgate rules and regulations to implement the provisions of this section. Such rules and regulations may be amended from time to time by the Board of Selectmen.

F. Unlawful activity; penalties. It is unlawful to engage in any activity that is in violation of this section. Violation of this section is punishable by a fine of $100 for each offense.

(1) Criminal enforcement. Any law enforcement officer authorized by law to enforce ordinances of the Town of Killingworth may enforce the provisions of this section in the manner prescribed by law.

(2) Civil enforcement. In the event of any activity in violation of this section, the Board of Selectmen, in addition to other remedies provided by law or specified herein, are hereby authorized to institute an action for injunction or other appropriate action or proceeding to prevent, enjoin or abate any unlawful activity, or to remove any improvements or construction resulting from such unlawful activity. In the event that such unlawful activity has damaged any Town property, the violator shall be liable for any damage to Town property resulting from any such unlawful activity, including, but not limited to, compensation for staff time and for use of Town equipment to repair such damage. Any civil action or proceeding can include a claim to recover all such money damages.

G. Posting of section. A summary of this section may be posted at visible locations on open space and conservation restriction lands, as deemed necessary and proper by the First Selectman. The full text of this section shall be available for public inspection at the offices of the Town Clerk, and such other locations as the First Selectman may designate.