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.
In addition to subdivision approval pursuant to these regulations, conservation subdivisions require the issuance of a special permit pursuant to the Chapter 270, Zoning. The Commission considers the special permit criteria separately, in accordance with the applicable zoning regulations and applicable state statutes. No plan for a conservation subdivision may be approved pursuant to these regulations unless the Commission first issues a special permit for the proposed conservation subdivision in accordance with Chapter 270, Zoning.
All lots and parcels of land that exist as legally separate and independent lots or parcels as of the effective date of this § 302-40 shall be deemed to be "original parcels" for purposes of this section. All applications for a subdivision or resubdivision that would cause any original parcel to be divided, or to have been divided cumulatively since the effective date of this § 302-40, into six or more lots shall be in the form of an application for a conservation subdivision. Applications for conservation subdivisions for fewer than six lots may also be filed. Upon a finding by the Commission that a particular site is not appropriate for a conservation subdivision, or upon the denial of an application for a special permit for a conservation subdivision pursuant to Article V of Chapter 270, Zoning, the Commission may require the submission of a standard subdivision application pursuant to Articles I through IV of these regulations.
The location of open space conserved through conservation subdivision design shall be consistent with the policies contained in the Town of Haddam Plan of Conservation and Development, and with the recommendations contained in this § 302-41.
A. 
General location standards.
(1) 
Conservation subdivisions shall be designed so that all the conservation subdivision open space land is contiguous to the maximum extent practicable. The design process should therefore commence with the delineation of all potential open space, after which potential house sites should be designated. Following that, access road alignments should be identified, with lot lines being established as the final step.
(2) 
Where title to the conservation subdivision open space land is to be commonly held by one entity, such as a homeowners' association or the Town of Haddam, the contiguous open space shall be directly accessible to the largest practicable number of lots within the subdivision. In any event, the majority of lots should abut the contiguous open space in order to provide direct views and access. Except where the conservation subdivision open space land is to be privately owned by individual lot owners without any public access rights or access rights by other lot owners, safe and convenient pedestrian access to the open space from all lots not adjoining the open space shall be provided (except in the case of farmland or other resource areas vulnerable to trampling damage or human disturbances). Where open space is designated as separate, noncontiguous parcels, no parcel shall consist of less than three acres in area nor have a length-to-width ratio in excess of 4:1, except such areas that are specifically designed as village greens, active recreational fields, upland buffers to wetlands, water bodies or watercourses, or trail links.
B. 
Evaluation criteria for open space dedications. In evaluating the layout of lots and open space, the Commission shall consider the following criteria as indicating design appropriate to the site's natural, historic, and cultural features, and meeting the purposes of these conservation subdivision regulations. In addition, the Commission may consider any report or comments submitted by the Town of Haddam's Conservation Commission or other Town, state or federal agencies or officials. While the Commission may require a conservation subdivision to satisfy one or more of the following criteria, conservation subdivisions are not necessarily required to satisfy all of the following criteria since the relevance of these criteria will vary from site to site. Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and conservation areas. Accordingly, the Commission may evaluate proposals to determine whether the proposed conceptual plan:
(1) 
Protects and preserves all floodplains, wetlands, and steep slopes from clearing, grading, filling, or construction (except as may be approved by the Commission for essential infrastructure or active or passive recreation amenities).
(2) 
Preserves and maintains mature woodlands, existing fields, pastures, meadows, orchards, and wildlife corridors, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses. For example, locating house lots and driveways within wooded areas is generally recommended, with two exceptions. The first involves significant wildlife habitat or mature woodlands that raise an equal or greater preservation concern, as described in Subsection B(5) and (8) below. The second involves predominantly agricultural areas, where remnant tree groups provide the only natural areas for wildlife habitat.
(3) 
Minimizes disturbance of prime agricultural soils. If development must be located on open fields or pastures because of greater constraints in all other parts of the site, and continued agricultural activity could, and is likely to be, accommodated on the parcel, dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field.
(4) 
Maintains or creates an upland buffer of natural native species vegetation of at least 100 feet in depth adjacent to wetlands and watercourses.
(5) 
Designs around existing hedgerows and tree lines between fields or meadows, and minimizes impacts on large woodlands (greater than five acres), especially those containing many mature trees or a significant wildlife habitat, or those not degraded by invasive vines. Also, woodlands of any size on highly erodible soils with slopes greater than 10% should be avoided. However, woodlands in poor condition with limited management potential can provide suitable locations for residential development. When any woodland is developed, great care should be taken to design all disturbed areas (for buildings, roads, yards, septic disposal fields, etc.) in locations where there are no large trees or obvious wildlife areas, to the fullest extent that is practicable.
(6) 
Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares. For example, in open agrarian landscapes, a deep "no-build, no-plant" buffer is recommended along the public thoroughfare where those views or vistas are prominently or locally significant. The concept of "foreground meadows," with homes facing the public thoroughfare across a broad grassy expanse, is strongly preferred to mere buffer strips, with or without berms or vegetative screening. In wooded areas where the sense of enclosure is a feature that should be maintained, a deep "no-build, no-cut" buffer should be respected to preserve existing vegetation.
(7) 
Avoids setting new construction on prominent hilltops or ridges, by taking advantage of lower topographic features.
(8) 
Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern by the U.S. Environmental Protection Agency and/or by the Connecticut Department of Environmental Protection.
(9) 
Designs around and preserves sites of historic, archeological, or cultural value, and their environs, insofar as needed to safeguard the character of the feature, including stone walls, spring houses, barn foundations, cellar holes, earthworks, and burial grounds.
(10) 
Protects rural roadside character and improves public safety and vehicular carrying capacity by avoiding development fronting directly onto existing public roads; establishes buffer zones along the scenic corridor of rural roads with historic buildings, stone walls, hedgerows, and so on.
(11) 
Landscapes common areas (such as community greens), cul-de-sac islands, and both sides of new streets with native species shade trees and flowering shrubs with high wildlife conservation value. Deciduous shade trees shall be planted at forty-foot intervals on both sides of each street, so that the neighborhood will have a stately and traditional appearance when they grow and mature. These trees shall generally be located between the sidewalk or footpath and the edge of the street, within a planting strip not less than five feet in width.
(12) 
Provides active recreational areas in suitable locations that offer convenient access by residents and adequate screening from nearby house lots.
(13) 
Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood open space system. All roadside footpaths should connect with off-road trails, which in turn should link with potential open space on adjoining undeveloped parcels (or with existing open space on adjoining developed parcels, where applicable).
(14) 
Provides open space that is reasonably contiguous, and whose configuration is in accordance with the guidelines contained in the Design and Management Handbook for Preservation Areas, produced by the Natural Lands Trust, or such other equivalent handbook as the Commission may identify. For example, fragmentation of open space should be minimized so that these resource areas are not divided into numerous small parcels located in various parts of the development. To the greatest extent practicable, this land shall be designed as a single block with logical, straightforward boundaries. Long, thin strips of conservation land shall be avoided, unless the conservation feature is linear or unless such configuration is necessary to connect with other streams or trails. The open space shall generally abut existing or potential open space land on adjacent parcels (such as in other subdivisions, public parks, or properties owned by or eased to private land conservation organizations). Such conservation subdivision open space shall be designed as part of larger contiguous and integrated greenway systems, as per the policies in Haddam's Plan of Conservation and Development.
A. 
General. Different ownership and management options apply to the permanently protected open space created through the conservation subdivision development process. Although the conservation subdivision open space shall generally remain contiguous, it may be contained in individual lots, or it may remain undivided and may be owned and managed by a homeowners' association, the Town, or a recognized land trust or nonprofit conservation organization. Whether the open space is to be divided or undivided, a narrative describing the proposed options for ownership, use, public access (if any) and maintenance responsibilities shall be submitted for all common and public improvements, utilities, and open spaces.
B. 
Ownership standards. Open space within a conservation subdivision development shall be owned, administered, and maintained by any of the following methods, either individually or in combination, and subject to approval by the Commission:
(1) 
Offer of dedication. An offer of dedication of open space may be made to the Town, a land trust, nonprofit conservation organization, or such other entity as the Commission may determine will properly manage and control the open space to further the purposes of the dedication and of these conservation subdivision regulations. Dedication shall take the form of a fee-simple conveyance with a deed restriction or conservation easement, at the Commission's discretion and subject to the Commission's approval, that preserves the dedicated land as open space and protects it from future development. Where the Town accepts a dedication of common open space that contains improvements, the Commission may require the posting of financial security to ensure the structural integrity of such improvements as well as the functioning of such improvements for a term not to exceed 18 months from the date of acceptance of the dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of such improvements.
(2) 
Homeowners' association. Conservation subdivision open space land and associated facilities may be held in common ownership by a homeowners' association with a deed restriction or conservation easement, at the Commission's discretion and subject to the Commission's approval. The association shall be formed and operated under the following provisions:
(a) 
The developer shall provide a description of the association, including its bylaws and methods for maintaining the open space.
(b) 
The association shall be organized by the developer before the sale of any lots within the development.
(c) 
Membership in the association shall be automatic (mandatory) for all purchasers of lots therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.
(d) 
The association shall be responsible for maintenance of insurance and taxes on the open space. The association may place liens on the homes or house lots of its members who fail to pay their association dues in a timely manner. Such liens may require the imposition of penalty and interest charges.
(e) 
The members of the association shall share equitably the costs of maintaining and developing the open space. Shares shall be defined within the association bylaws.
(f) 
In the event of a proposed transfer, within the methods here permitted, of open space land by the homeowners' association, or of the assumption of maintenance of open space land by the Town, notice of such action shall be given to all property owners within the development.
(g) 
The association shall have or hire adequate staff to administer common facilities and properly and continually maintain the undivided open space.
(h) 
Lease.
[1] 
The association may lease open space lands to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide that:
[a] 
The residents of the development shall at all times have access to the open space lands contained therein (except croplands during the growing season);
[b] 
The undivided open space to be leased shall be maintained for the purposes set forth in these Conservation Subdivision regulations; and
[c] 
The operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Town, at the election of the developer and/or association, as the case may be.
[2] 
The lease shall be subject to the approval of the Commission and any transfer or assignment of the lease shall be further subject to the approval of the Commission. Lease agreements so entered upon shall be recorded in the Town of Haddam Land Records within 30 days of their execution, and a copy of the recorded lease shall be filed with the Commission.
(3) 
Private ownership. The conservation subdivision open space land may be contained within individual lots that are privately owned; provided, however, that the conservation subdivision open space land shall be subject to a permanent conservation easement approved by the Commission. Such conservation easement shall preserve the subject land and prohibit its future development, and shall be held by the Town of Haddam, a land trust, nonprofit conservation organization, or such other entity as will properly enforce such conservation easement to further the purposes of these conservation subdivision regulations.
An approved conservation subdivision plan should provide for a total environment better than that which could be achieved under standard regulations. Therefore, if, in the opinion of the Commission, the proposed plan could be improved in respect to the criteria listed below by the reasonable modification of the location of conservation open space or buildings or configurations of lots, streets, and parking areas, the Commission shall so modify the proposed plan or shall deny it. In acting on a proposed plan, the Commission shall give particular consideration to the following criteria:
A. 
Individual lots, buildings, streets, and parking areas shall be designed and situated to minimize alteration of the natural site features to be preserved.
B. 
The usability of conservation open space intended for recreation or public use shall be determined by the size, shape, topographic, and location requirements of the particular purpose proposed for the site.
C. 
Conservation open space shall include irreplaceable natural features located in the tract (such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, and rock outcroppings).
D. 
Conservation open space intended for a recreational or public use shall be easily accessible to pedestrians, and, when appropriate, such accessibility shall meet the needs of the handicapped and elderly.
E. 
The suitability of conservation open space intended for scenic value and purposes shall be determined by its visibility from a significant number of units or buildings or length of public or private streets.
F. 
Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.
G. 
Individual lots, buildings, and units shall be arranged and situated to relate to surrounding properties, to improve the view from and the view of buildings, and to lessen area devoted to motor vehicle access.
H. 
Individual lots, buildings, units, and parking areas shall be situated to avoid the adverse effects of shadows, noise, and traffic on the residents of the site.
I. 
Land with slopes greater than 25% may be removed or altered only when such slopes are isolated, small, or otherwise occur as insignificant knolls that do not adversely affect the design of the plan or conservation open space.
J. 
The provision of such open space, parks and/or playgrounds that are open to the public as the Commission may require pursuant to the authority granted to it under C.G.S. § 8-25.
A. 
As provided in § 302-8 of these regulations, subdivision or resubdivision applicants are authorized to submit informal preapplication plans, including location maps, sketch plans, and such other information as is necessary and to seek advice from and confer with the Commission staff, and, in case of major features, with the Commission, prior to formal submission of a conservation subdivision application. Submission of preliminary conservation subdivision plans shall meet the requirements of § 302-9 of these regulations. Each applicant shall submit with the application for a conservation subdivision any and all easements and/or deed restrictions that the applicant proposes to use to permanently protect the minimum open space acreage required by Chapter 270, Zoning, and these regulations.
B. 
A conservation subdivision application shall be filed in the form and manner required by §§ 302-8, 302-9 and 302-10 of these regulations. However, the Commission may also require that such application contain information on wildlife habitat and open space on the subject parcel and other land in the vicinity of the subject parcel. In addition to the information required in § 302-10, the subdivision application submitted shall also include the location of buildings and the dimensions of yards and buildings whenever a modification or variation from the standard requirements of the applicable zone is proposed. Each applicant who submits a conservation subdivision application shall simultaneously file a copy of such application with the Town of Haddam Conservation Commission.
Except as otherwise provided in this article, conservation subdivisions shall be processed in accordance with, and shall be subject to, the formal consideration, public hearing, notice and other requirements (e.g., bonding) of § 302-11 of these regulations. Conservation subdivisions shall also conform to the design and construction standards contained in Article IV of these regulations, except that §§ 302-22D, E and 302-33 shall not apply to conservation subdivisions.
An approved plan for a conservation subdivision development shall be the site plan for the development of the subject property. A statement indicating that the land lies within an approved conservation subdivision area shall be placed on the record plan.
Any lots in the conservation subdivision shall comply with minimum lot size and average lot size requirements provided in § 270-14 of Chapter 270, Zoning, and the terms and limitations of any special permit issued for such conservation subdivision pursuant to Article V of Chapter 270, Zoning. All public roads, sidewalks, curbs, gutters, and storm drainage facilities shall comply with applicable laws and regulations.
A. 
In general, roadway drainage conveyance systems shall be of closed pipe with surface inlet structures. However, in certain applications, the Commission may consider an alternative open drainage system that incorporates off-road swales in lieu of catch basins and piping. The acceptability of such a system shall be site-specific and based on the existing physical conditions and proposed development plans. Plate #1 is a typical design for a road utilizing a surface drainage system.[1] The Commission may consider alternative designs proposed by the designer in consultation with the Town Engineer to determine their functionality.
[1]
Editor's Note: Plate #1 is included at the end of this chapter.
B. 
The Commission, in consultation with the Town Engineer, shall make a determination, based upon at least one or more of the following factors, that such a system would be more appropriate to the particular site. The applicant shall submit a report that addresses each of these items as part of the subdivision application:
(1) 
The depth to groundwater.
(2) 
The location of the site in the watershed and the amount of overland flow anticipated.
(3) 
The design of the storm drainage system and the surrounding street system.
(4) 
The natural features of the site (such as slopes and depth to ledge) that would permit or restrict the construction of open swales.
(5) 
The proposed density of the subdivision, including proposed lot size.
(6) 
The impacts of groundwater recharge that may result from the proposed drainage system. The Commission and/or the Town Engineer may require the applicant to provide data, reports, studies, test borings, and other information to make this determination.
(7) 
Roadway intersections, where a closed drainage system may be more acceptable.
(8) 
Location of open space.
(9) 
The type of roadway swale linings proposed.
(10) 
The potential for erosion and sedimentation on the site, as well as both temporary and permanent erosion control measures.
For roads in conservation subdivisions that are proposed to remain private and not to be turned over to the Town of Haddam for maintenance, an applicant may consider "residential lane" design criteria per § 302-23D, Road Design Standards Table, if approved by the Commission after consultation with the Town Engineer. If the applicant chooses this alternative, sample language to be included in the deeds for all lots in the conservation subdivision shall be submitted to the Commission indicating that these are private roads and cannot be dedicated to the Town of Haddam. A homeowners' association must be created to maintain the private roads, and the method of assessing its members shall be provided to the Commission.
Plate #2 illustrates a typical design for a cul-de-sac in a conservation subdivision.[1] The Commission may consider alternative island layouts as proposed by the designer, after consulting with the Town Engineer to determine their functionality and a determination is made that the design is adequate to accommodate emergency services.
Road Design Standards Table
Design Criteria
Collector
(Thoroughfare)
Local Access
(Local)
Cul-de-Sac
Residential Lane
Private Road
Design speed (mph)
35
30
25
25
Minimum right-of-way width
50 feet
50 feet
50 feet
50 feet
Minimum pavement width
30 feet
24 feet1
24 feet (22 feet for permanent culs-de-sac)
18 feet to 20 feet
Vertical alignment
Minimum grade
1%
1%
1%
1%
Maximum grade
8%
10%
10%
12%
Minimum length of crest
Vertical curves3
29 feet x (g2-g1)2
(but not less than 100 feet)
Minimum length of sag
Vertical curves3
36 feet x (g1-g2)2
(but not less than 100 feet)
Minimum stopping sight distance
250 feet
200 feet
200 feet
125 feet
Horizontal alignment
Minimum radius of curvature
470 feet
340 feet
225 feet
125 feet
Minimum tangent length between curves
180 feet
150 feet
150 feet
50 feet
Minimum intersection sight distance (The classification of the road intersected must be considered in determining the required intersection sight distance.)
Major Route
Collector
Local Access
700 feet
475 feet
425 feet
235 feet
See Figure 1 for intersection sight distance detail.[2]
NOTES:
1
At the discretion of the Commission, short loop roads (less than 2,000 feet) may be 22 feet.
2
g1 and g2 refer to the percentage of grade on each side of the curve.
3
Excluding intersections.
[1]
Editor's Note: Plate #2 is included at the end of this chapter.
[2]
Editor's Note: Figure 1 is on file in the Town offices.