The Commission finds that certain parcels of
land, because of their unique physical characteristics, may benefit
from additional flexibility in the design of subdivisions. Such benefits
may include improved living and working environments; more economical
subdivision layouts; greater ingenuity and originality in total subdivision
and individual site design; and, especially, the preservation of valuable
open space to serve recreational, scenic, and other public purposes.
The Commission also finds that, in order to achieve these benefits,
it will sometimes be necessary to permit modifications of the minimum
lot area, frontage, width, and yards, and the maximum building height
and percentage of allowable land coverage. These conservation subdivision
regulations are therefore intended to provide a mechanism to permit
such modifications, while, at the same time, assuring (1) adequate
maintenance and restricted use of open space areas for maximum public
benefit; (2) adequate protection of the neighborhood; and (3) the
conservation of natural resources and of Haddam's rural character.
A.
There shall be no minimum number of lots required
for the approval of a conservation subdivision.
B.
Minimum area, yards and coverage. The following minimum
standards shall apply to conservation subdivisions in lieu of the
standards that would otherwise apply to lots in the underlying zoning
district pursuant to other provisions of these zoning regulations:
Standard
|
R-2/R-2a Zones
One-Family or Two-Family
| |
---|---|---|
Minimum lot area
|
25,000 square feet for one-family
40,000 square feet for two-family
| |
Minimum lot frontage
|
25 feet
| |
Minimum front yard
|
20 feet
| |
Minimum side and rear yards
|
15 feet, except that a minimum yard of 75 feet
shall be maintained along the boundary of any part of land that is
not part of a conservation subdivision
| |
Maximum percentage of land coverage
|
30%
|
C.
Determining maximum lot density or "yield".
(1)
Applicants shall estimate the maximum, legally permissible
lot density on the basis of a "yield plan." Such yield plans shall
consist of "conventional" lot and street layouts (i.e., layouts conforming
to the provisions of the zoning regulations and subdivision regulations
that would be applicable in the absence of these conservation subdivision
regulations). Although such plans may be conceptual in nature, and
are not intended to involve significant engineering costs, they must
be realistic and must not show potential house sites or streets in
areas that would not ordinarily be permitted in a conventional layout.
Except as provided in Subsection D of this section, the maximum density
of lots in the conservation subdivision shall be no greater than the
density in the conceptual yield plan, provided the Commission finds
that the yield plan is reasonably accurate.
(2)
In order to prepare a realistic yield plan, applicants
generally first need to map, at a minimum, basic topography, locations
of wetlands and watercourses, one-hundred-year floodplains, and slopes
exceeding 25%. On "conceptual" lots that will not be served by a public
or community sewerage system, the applicant must demonstrate the suitability
of the soils for individual septic systems. The Commission may require
additional testing in areas that have not been adequately tested or
that are determined to be marginal. The Commission may allow testing
on fewer than all of the proposed "conceptual" lots if it finds that
the testing has been adequate to constitute a representative sampling
of soil conditions.
D.
Minimum open space.
(1)
Minimum percentage of open space.
(a)
A minimum of 45% to 55% of the total tract area
(the "minimum percentage") [as calculated using the criteria in Subsection
D(2) below], not including the following kinds of land, shall be designated
as permanent open space (the "minimum open space acreage"):
[1]
Land required for street rights-of-way, stormwater
management ponds or basins, and rights-of-way for underground pipelines,
telephone, cable, or electrical power lines, or other public utilities.
[2]
Land under permanent easement prohibiting future
development (including easements for drainage, access and utilities).
(b)
The percentage of the minimum open space acreage
that comprises wetlands and watercourses, as defined by C.G.S. § 22a-38,
as amended, together hereinafter referred to as "nonbuildable land,"
shall not be greater than the percentage of such nonbuildable land
in the subdivision tract as a whole. For example, if 25% of the total
tract area consists of nonbuildable land, then up to 25% of the minimum
open space acreage may consist of such nonbuildable land.
(2)
Any special permit issued pursuant to this Article
V shall set forth a minimum percentage based on the following criteria:
(a)
If greater than 60% of the total tract area
consists of nonbuildable land, the minimum percentage shall be 45%.
(b)
If 40% to 60% of the total tract consists of
nonbuildable land, the minimum percentage shall be 50%.
(c)
If less than 40% of the total tract area consists
of nonbuildable land, the minimum percentage shall be 55%.
(3)
Upon a demonstration by the applicant that one or
more septic systems or water-supply wells cannot reasonably be placed
within the proposed residential lots without compromising an important
design element of the conservation subdivision, the Commission may
permit a portion of the minimum open space acreage to be used for
individual or community septic systems or wells.
E.
Density incentives to encourage public access. The
Commission may offer a lot-density bonus to encourage the dedication
of additional open space land for public use, including trails, active
recreation, etc. The density bonus shall be computed on the basis
of a maximum of one additional lot per five additional acres of publicly
accessible open space provided by the applicant. For purposes of this
Subsection E, "additional acres of publicly accessible open space"
shall mean open space that exceeds the minimum percentage required
by Subsection D. The decision whether to accept an applicant's offer
to dedicate open space for public access shall be at the discretion
of the Commission. In making that decision, the Commission shall be
guided by the recommendations contained in Haddam's Plan of Conservation
and Development, particularly those sections dealing with trail networks
and/or recreational facilities. The Commission may require that a
percentage of the land dedicated to publicly accessible open space
be suitable for active recreation purposes. However, in order to preserve
a reasonable portion of natural areas on the site, no more than 50%
of the open space shall be utilized for active recreation. The application
for a special permit for the conservation subdivision shall specify
the purposes for which publicly accessible open space areas are proposed.
In determining whether to approve a proposed
conservation subdivision, the Commission shall give due consideration
to the standards and criteria set forth in Article XIX of these regulations.
A special permit that is issued for a conservation subdivision shall
not, in and of itself, be sufficient to allow the creation of a conservation
subdivision. Rather, the special permit shall simply entitle the applicant
to seek subdivision approval using the modified standards set forth
in § 270-14 of these regulations. If the applicant is denied
a special permit for a conservation subdivision pursuant to this Article
V, the applicant may file an application for a standard subdivision
pursuant to Chapter 302, Subdivision Regulations, Article II.