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.
A.
All applications proposing land for subdivision comprising
10 or more acres with five or more lots in the R-90, R-45 and R-25
Residence Zones shall be designed in accordance with the Flexible
Residential Development (FRD) standards, requirements, and design
guidelines. Applicants proposing land for subdivision that is less
than 10 acres may obtain a special permit for a FRD. If it is determined
by the Commission during the preapplication review process that the
stated purpose of this regulation will not be met by the proposed
development; the Commission will allow the submission of a traditional
subdivision application.
[Amended 6-17-2013]
B.
When the Commission approves a special permit for a FRD, the dimensional requirements of the underlying zones are hereby superseded in their entirety, except that the maximum number of units permitted in any FRD shall be the lesser of the number of units shown on a plan prepared by the applicant based on the maximum number of units permitted in the underlying residential district as shown on a plan submitted by the applicant conforming to the plan requirements of § 315-39 or as calculated below.
[Amended 11-19-2004; 2-10-2006]
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Example to show how to determine the maximum
number of lots permitted
- for illustrative purposes only -
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|---|---|---|---|---|
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R-90
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R-45
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R-25
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Subtract from the total gross area the total
amount of wetlands, watercourses, water bodies, areas with slopes
in excess of 20%, and areas with easements affecting development
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Total area:
Wetlands:
Uplands:
|
100.0 acres
-20.0 acres
80.0 acres
|
100.0 acres
-20.0 acres
80.0 acres
|
50.0 acres
-10.0 acres
40.0 acres
|
|
Subtract 20% for open space
|
Open Space:
|
-16.0 acres
64.0 acres
|
-16.0 acres
64.0 acres
|
-8.0 acres
32.0 acres
|
|
Subtract a fixed percentage of 10% of the remaining
acreage in the R-90 and 20% in the R-45 and R-25 Zoning Districts
for street rights-of-way (ROW)
|
ROW:
Net:
|
-6.4 acres
57.6 acres
|
-12.8 acres
51.2 acres
|
-6.4 acres
25.6 acres
|
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Divide the underlying district lot area requirements
to obtain the maximum of dwellings permitted
|
(90,000 square feet)
27 dwellings
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(45,000 square feet)
49 dwellings
|
(25,000 square feet)
47 dwellings
| |
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.
A.
It is the intention of the Commission to provide permanently
preserved open space parcels of significant size; therefore, open
space land to be preserved by these regulations shall comprise not
less than 50% of the total parcel less wetlands, and shall not contain
any portion of a developable lot.
[Amended 11-19-2004; 6-17-2013]
|
Example to show how to determine open
space requirement
- for illustrative purposes only -
| ||
|---|---|---|
|
Subtract from the total gross area the total
amount of wetlands and areas with easements affecting development
|
Total area:
Wetlands:
Uplands:
|
100.0 acres
-20.0 acres
80.0 acres
|
|
Calculate 50% for open space
|
Open space:
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x 0.5 = 40.0 acres
|
B.
The location and extent of open space even if it is
to be left in its natural state shall be identified at the time of
the special permit application and shall be subject to the approval
of the Commission.
C.
The open space preserved under these regulations shall
preserve land outlined in the Plan of Conservation and Development;
create public parks, playgrounds, or other outdoor noncommercial recreation
areas; conserve agricultural soils; preserve existing natural buffers;
conserve forests, wildlife, agricultural and other natural resources;
and/or provide a network of trails and corridors on which motorized
vehicles shall be prohibited.
D.
At least 50% of the required open space shall be suitable
for active recreation, e.g., uplands.
E.
In FRDs the minimum lot area, frontage, and yard setback
requirements may be reduced as follows:
(1)
Minimum lot area: 18,200 square feet.
(2)
Minimum lot frontage: 25 feet in areas with public
water and sewer; all other areas 50 feet. Note: In the R-90, R-45,
and R-25 Zones every three contiguous lot frontages shall have a combined
minimum lot frontage of at least 300 feet, 250 feet, and 200 feet,
respectively, as measured along the street line.
[Amended 11-19-2004; 2-10-2006]
(3)
Minimum yard setbacks. Note: Lots on existing streets
may be required to have a setback of up to 100 feet if the Commission
deems it appropriate to require screening of the development from
existing residential properties.
[Amended 6-17-2013]
F.
Each approved lot shall contain a developable area
of at least 10,000 square feet into which a square of 90 feet by 90
feet can be located exclusive of regulated areas (wetlands, setbacks,
and agricultural buffers), and on which the dwelling must be located.
In the R-25 Zone, each approved lot shall contain a developable area
of 10,000 square feet into which a square of 75 feet by 75 feet can
be located exclusive of regulated areas.
[Amended 6-17-2013]
G.
Each approved lot shall contain a driveway in which
at least two cars can be parked.
H.
Dwelling units shall contain foundation plantings
so that a minimum of 75% of the foundation wall at finished grade
when viewed from public streets is covered by plant materials. The
requirements of this subsection shall be certified by a landscape
architect.
[Amended 2-10-2006]
I.
Each lot within the FRD shall have by deed or other
instrument recorded in the office of the Suffield Town Clerk a scenic
easement over the open space as may be determined by the Commission.
J.
When lots are proposed behind other lots, substantial
vegetative screening is required.
K.
The Commission may reduce the open space requirements
of this section under the following conditions:
(1)
Where soil conditions clearly prevent a reduction in the minimum lot size outlined within the underlying zone as required in Article IV;
(2)
Where no less than 25% of the dwelling units are proposed
as "affordable" as defined in CGS § 8-30g;
(3)
Where no new road construction is proposed; and
(4)
When less than 10 acres is to be subdivided.
[Amended 2-10-2006]
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.
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.
