[Added effective 8-30-2004]
An application for an open space conservation subdivision requires the prior granting by the Commission of a conceptual open space conservation subdivision (OSCS) special exception, as authorized by Chapter 595, Zoning.
A.
Applicants are encouraged to request a preapplication review by the
Commission. It is expected that applicants will identify to the Commission
the unique features of the parcel that make it a candidate for an
OSCS. Applicants are encouraged to review the materials listed herein
and the zoning regulations[1] and to provide enough information for the preapplication
review that will assist the Commission's understanding of the unique
features that will be preserved with development and its relationship
to the neighborhood.
B.
Nothing that is said or presented at the preapplication review by
any party shall be considered evidence and it shall not be binding
on the Commission in any subsequent application presented to the Commission.
A.
An application for an open space conservation subdivision (OSCS)
shall be subject to the application procedures, substantive provisions
and administrative requirements for final approval of a subdivision
plan as set forth in this chapter and, in addition, is subject to
the provisions and materials outlined in this article.
The following additional standards and considerations are intended
to govern the design of an OSCS in order to reduce site disturbance,
preserve or enhance scenic vistas, farmlands, passive or active recreational
facilities, increase the provision of open space areas and to provide
adequate provisions for stormwater management, potable water supply
and wastewater treatment.
A.
The amount of disturbance such as site grading, vegetative and rock
wall removal shall be minimized insofar as practicable to preserve
worthy land characteristics and lessen the likely impact on environmental
systems such as areas of steep topography, significant wetland areas,
groundwater, watercourses, and vegetative and wildlife communities;
B.
Changes in site grades shall be in keeping with the general appearance
of the neighboring developed areas;
C.
The orientation of individual buildings shall be such so as to maintain
maximum natural topography and cover, and shall encourage energy-efficient
patterns of development, energy conservation, and the use of solar
and other renewable forms of energy;
D.
Street locations and design shall be such as to maintain and preserve,
to the greatest extent possible, the natural topography, natural drainageways,
significant landmarks and trees (greater than twenty-four-inch circumference),
minimize cut and fill, preserve and enhance views and vistas on or
off the subject parcel and shall not create a health or safety hazard
within the site or on any existing public streets;
E.
The overall development shall be such as to preserve historic or
archaeological features existing on the site or to enhance such features
in the immediate vicinity of the site;
F.
All development shall, to the greatest extent possible, be designed
to minimize the construction of impervious surfaces;
G.
The development shall, to the greatest extent possible, use natural
drainage systems and low-impact, nonstructural stormwater management
techniques. The stormwater system design shall be supported by an
engineered stormwater management plan, shall address the quality of
the stormwater runoff and shall utilize best engineering practices
and best management practices;
H.
The streetscape design shall consider the public's view from the
public right-of-way as well as the conservation and preservation of
the site's natural landscape characteristics;
I.
The provisions for potable water, wastewater, stormwater and surface
drainage systems, and other utilities shall not create a health or
safety hazard to persons or property on or off the lot(s) proposed
for development and shall be consistent with applicable local and
state regulations;
J.
A description of the design parameters used in laying out the subdivision
shall be submitted with the application; and
K.
Where applicable to maintain the general character of the OSCS, setback
requirements may be recorded as deed restrictions for each approved
lot to ensure future continuity of design.
A.
Streets, sidewalks and driveways shall be provided to furnish safe and convenient access to all dwellings and any other facilities within the subdivision and shall conform to the provisions of Chapter 185, Road Construction.
B.
The Commission may approve the use and designation of common driveways
where necessary to provide access to four or fewer dwellings. A pavement
width of 18 feet may be provided for such common driveways, provided
that all other specifications of the zoning regulations[1] and Chapter 185, Road Construction, are met.
C.
An association of property owners, or other mechanism satisfactory
to the Commission, shall be established with the authority and financial
capability to service and maintain any common driveways and associated
private drainage systems within the development. The OSCS plans shall
contain the following note for each common driveway: "Lots (insert
lot #s) share a common driveway." The owner of each such lot, or association
as applicable, shall have the right to enter the access strip of the
other lot for purposes of maintenance, repair or replacement of said
driveway and drainage system created as a result thereof.
D.
On-site pedestrian and bicycle circulation shall be designed as appropriate
to link residences within the OSCS and with recreation facilities,
trails, open space areas and adjacent land uses.
A detailed landscaping plan at a scale of not less than one
inch equals 40 feet, prepared by a landscape architect licensed to
practice in the State of Connecticut, shall be submitted with the
application and shall address the following requirements:
A.
The manner in which stone walls, rock outcroppings, watercourses
and wetlands, large trees (greater than 24 inches' caliper), wooded
areas by foliage lines, significant views and other special site attributes
shall be incorporated into the landscape design of the proposed subdivision.
B.
The landscaping plan shall indicate the manner in which the areas
preserved for permanent open space shall relate to the developed portions
of the proposed subdivision and to existing or proposed open space
areas, trails and greenways.
C.
The landscaping plan shall indicate the location of all significant
trees (greater than 24 inches' caliper) and significant vegetation
in the areas of the proposed subdivision affected by development and
the manner in which this vegetation shall be protected.
D.
The landscaping plan shall include a streetscape plan for the developed
portions of the proposed subdivision.
E.
The landscaping plan shall indicate the type, size, location and
amount of all proposed plantings. Nonnative invasive and potentially
invasive plant species listed and updated annually by the Center for
Conservation and Biodiversity at the University of Connecticut shall
not be allowed.
F.
The landscaping plan shall include a landscape maintenance plan for
the common areas within the proposed subdivision.
A.
The majority of protected open space resulting from the approval
of an OSCS shall be used primarily for wildlife habitat and natural
resource conservation and shall not be fenced. The remainder of protected
open space resulting from the approval of an OSCS may be used for
the following purposes: historic and archaeological preservation,
agriculture, horticulture, forestry, and recreational activities,
and may be served by suitable access and ancillary support facilities
for such purposes.
B.
Where appropriate, the design of the OSCS shall promote the creation
of greenways and trails that provide linkage to existing and proposed
parks, open space, greenways and trails.
C.
When possible, open space shall be contiguous. Open space will be considered contiguous if it is separated by a roadway or an accessory amenity. The Commission may waive this requirement for all or part of the required open space where it is determined that allowing noncontiguous open space will promote the purposes set forth in Subsection A herein.
D.
The applicant shall propose the method(s) desired to preserve designated open space within the OSCS from future development and shall submit with the application the necessary legal instrument(s) designed to ensure that designated open space lands shall be preserved. A minimum of 15% of the total parcel(s) shall be dedicated to the Town of Newtown or its designee. The Commission shall be guided by § 560-27 of these regulations in determining the location, appropriateness and configuration of the proposed fifteen-percent open space area.
E.
The Commission shall approve or reject, at its discretion, the method(s)
proposed by the applicant for the preservation of OSCS open space.
If the method(s) of open space preservation proposed by the applicant
is rejected by the Commission, the Commission may determine an alternative
method of preservation.
(1)
Methods of OSCS open space preservation acceptable to the Commission
include the following:
(a)
Deeded in fee simple to the Town of Newtown;
(b)
Deeded in fee simple to a land trust or other nonprofit organization
dedicated to the conservation of open space;
(c)
Deeded or leased to a private corporation whose principal purpose
is the conduct of agriculture. Such activities shall be governed by
an agreement between the corporation and the Town, with a reversion
of ownership clause in the Town's favor if the terms of the agreement
are violated by the private corporation;
(d)
Held in single, partner, or corporate ownership by the property
owner(s); subject, however, to the transfer of development rights
to the Town of Newtown, a land trust or other nonprofit organization
dedicated to the conservation of open space or some other method of
preserving the reserved open space from future development; and
(e)
Held in common by a homeowners' association incorporated as
a not-for-profit corporation in the State of Connecticut; subject,
however, to legally binding arrangements that may include the recording
of restrictive deed covenants, the conveying of conservation easements,
or the transferring of development rights to the Town or land trust
or other nonprofit organization dedicated to the conservation of open
space that preserves the reserved open space from future development.
F.
Community potable water systems and community wastewater systems
serving an OSCS may be located within the privately owned open space
areas. Individual wells and septic systems, including reserve areas,
shall be located on the same lot as the residence which they are designated
to serve.
G.
Stormwater management systems serving an OSCS may be located within
designated open space areas, provided easements are given to the Town
of Newtown where such systems are located on private property.
A.
Applicable legal instruments for open space, community water supply
and/or wastewater systems, common driveways, and stormwater systems
as approved by the Commission in the granting of the OSCS special
exception shall be submitted with the OSCS application.
B.
Applicable legal instruments shall be subject to approval by the
Town. Such instruments shall be designed to:
(1)
Ensure the continued use, funding and maintenance of common areas,
open space, community water supply and/or wastewater systems;
(2)
Provide for adequate insurance coverage for common areas, private
open space, community water supply and/or wastewater systems, and
stormwater systems;
(3)
Provide that the Town of Newtown's agents or employees may enter
upon the common areas or open space lands to remove or correct any
object or condition which may be deemed a nuisance, a violation of
these regulations or which presents an emergency; and
(4)
Provide that the Town of Newtown may take legal action to enforce
the terms and provisions of the approved legal instruments.
A.
The Commission shall disapprove an application for an open space
conservation subdivision if finds that the open space conservation
subdivision plan does not substantially comply with the OSCS concept
plan of the approved special exception or any other subdivision or
zoning regulations.
B.
An open space conservation subdivision application shall be considered
not to substantially comply with the OSCS concept plan if the Commission
finds that any of the following conditions exist:
(1)
An increase in the number of building lots.
(2)
A significant decrease in the open space acreage.
(3)
A significant change in the general development pattern which, in
the opinion of the Commission, adversely affects the purpose and intent
of this article.
(4)
Significant changes in the site utilities, including the potable
water system, the wastewater system, or the stormwater management
system.
(5)
A significant change affecting access to the development or to the
traffic patterns in the surrounding neighborhood.
