The purpose of this article is to require, as
a special permit after public hearing, the establishment of a Flexible
Residential Development (FRD) which provides opportunity for cluster
or smaller lots than those normally required by these regulations
in order to permanently conserve natural, scenic, or historic resources;
to permanently preserve or provide open spaces for active or passive
use that will benefit present and future generations of Suffield residents;
to enhance the value to the public of abutting or neighboring parks,
forests, wildlife preserves, or other open spaces; to reduce infrastructure
costs and impervious surfaces; and to promote development that is
compatible with surrounding areas and is in harmony with the natural
site features, while at the same time maintaining the density limitations
of the particular district. The special permit for an FRD would be
approved prior to the subdivision approval; however, both would have
a common public hearing.
Prior to the submission of an application for
a FRD all applicants are required to initiate a preapplication conference
with the Commission and its staff to discuss the conceptual aspects
of the proposed development and to prepare and present a conceptual
plan for informal consideration. The conceptual plan should contain
all necessary information to allow the Commission to make an informed
informal consideration, including the location of wetlands, slopes
in excess of 20%, and all proposed roads, building lots, and open
spaces (and their uses).
An applicant for the FRD permit shall file with
the Commission the following:
A. A completed special permit application form and fees in accordance with these regulations and in accordance with the Chapter
310, Subdivision Regulations.
B. A landscaping plan prepared by and containing the
seal of a landscape architect registered by the State of Connecticut
to include a list and count of all trees and shrubs to be planted
by common and botanical names, size (caliper, height, time until maturity)
at planting, and height and spread at maturity.
[Amended 2-10-2006]
C. At least four full size and 11 half-size copies of the proposed plans showing all information required by these regulations and Chapter
310, Subdivision Regulations.
[Amended 6-17-2013]
D. The proposed method by which all site utilities will
be provided; the manner of ownership and maintenance of any private
or public facilities and any commonly owned real property rights,
including open space; and a description of the proposed open space,
including the method of proposed protection.
An applicant for the FRD permit shall file a
copy of the application with the Conservation Commission. The Conservation
Commission may submit written comments regarding the suitability of
open space to the Zoning and Planning Commission within 45 days of
the filing date. Failure by the Conservation Commission to comment
within the specified time shall be deemed lack of objection to the
proposed development plan.
All Flexible Residential Developments shall
be laid out to permanently protect and preserve the open space and
to protect adjoining property values. The development shall also be
laid out to achieve any one or a reasonable mix of the following objectives:
A. To promote the preservation of the kinds of open spaces
identified in the Plan of Conservation and Development.
B. To preserve and maintain all or part of any existing
forests, fields, pastures and other land in agricultural use be preserved
and maintained, together with sufficient buffer areas of not less
than 30 feet nor more than 100 feet to minimize conflict between residential
and active agricultural use. The Commission may reduce the minimum
buffer requirement where existing features exist which provide an
acceptable buffer.
C. To provide for pedestrian access between properties
to open space and for a perimeter design concept intended to facilitate
the networking of trails for pedestrian use.
D. To locate open space primarily in areas which are
contiguous to existing open space areas or in areas of the site with
the highest probability of connecting with future open spaces.
E. To preserve scenic views and vistas, as seen from
public roads.
F. To lay out streets in a curvilinear fashion, and to design both streets and homes using passive solar energy techniques as shown in Chapter
310, Subdivision Regulations, §
310-9Q.
G. To preserve historic sites and their environs, as
needed to protect the character of the site.
H. To protect existing residential areas by the creation
of buffer areas to minimize conflict between existing residential
use and the proposed FRD.
The permanent preservation of open space parcel(s) shall be accomplished by deeding the property in perpetuity, granting preservation easements, or by any other method that accomplishes irrevocable preservation in the manner listed in Chapter
310, Subdivision Regulations, §
310-8C. The conveyance of open space shall be completed within one year of the date of approval of the FRD and prior to the issuance of a certificate of occupancy for any of the subdivision lots.
The Commission may establish conditions or restrictions
to ensure that the purposes of these regulations are carried out,
including but not limited to the following:
A. Granting of a covenant or easement to ensure that
existing fields or pastures will be plowed or mowed periodically;
B. Granting of an easement providing and defining rights
of public access;
C. Designation of no-cut or limited-clearing areas on
lots;
D. Imposing measures to ensure the maintenance of scenic
views and vistas;
E. Requiring evidence that at least two organizations
are willing to accept the responsibility for the preservation and
maintenance of the open space;
F. Requiring the boundary lines of all open space to
be marked;
G. Phasing the proposed improvements within the development;
H. Minimizing the impact of proposed development on traffic
volumes and congestion in the area, including the adequacy and safety
of existing state and Town roads expected to serve or to be affected
by the proposed development;
I. Monitoring compatibility of the proposed development with other existing land uses in the area and with uses permitted under these regulations and Chapter
310, Subdivision Regulations; and
J. Requiring screening fences or walls, including a landscaped
berm up to five feet in height along any property line.