A. 
The purpose of this Article VI is to provide design standards to:
(1) 
Maintain and enhance the conservation of natural and scenic resources;
(2) 
Protect natural streams and water supplies;
(3) 
Promote conservation of soils, wetlands, and other significant natural features and landmarks;
(4) 
Provide the opportunity to create large blocks of open spaces;
(5) 
Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open spaces;
(6) 
Preserve historic sites; and
(7) 
Promote orderly development.
B. 
These regulations are intended to provide for increased flexibility, balanced by increased control, in the development of land to facilitate the preservation of open space, natural resources, and community character.
A. 
The number of lots allowed under an open space subdivision design proposing less than 10 lots shall be the same number that would be allowed by the Commission in the development of the conventional subdivision design. For open space subdivision plans proposing 10 or more lots, the lot yield may be increased by 10%, provided that all other requirements under this article and these Subdivision Regulations are met.
B. 
An open space subdivision is a cluster development, as defined by C.G.S. § 8-18, in which the dimensions that would otherwise be required for lots under the Ashford Zoning Regulations and Ashford Subdivision Regulations may be reduced for the purposes of encouraging the dedication and preservation of additional open space. Specifically, an open space subdivision is a subdivision or resubdivision of land into lots for single-family detached dwelling units that meets the frontage and minimum one-acre contiguous buildable land requirements of the Ashford Zoning Regulations. Interior lots are prohibited.
C. 
The minimum area of open space to be dedicated within an open space subdivision shall be 50% of the total area of the parcel being subdivided. In addition, the area of open space to be dedicated must contain at least 50% of the total area of the parcel that does not comprise wetlands, watercourses or floodplain areas. As an example, if a parcel containing 100 acres is subdivided and 30 acres of the parcel consists of wetlands, watercourses, or floodplain areas, the minimum open space dedication will be 50 acres (100 acres x 0.50), and at least 35 acres (70 acres x 0.50) of the dedicated area must not be wetlands, watercourses or floodplain areas. Nothing in this section shall prohibit a subdivider from dedicating additional land consisting of wetlands, watercourses or floodplain areas, so long as the minimum amount of other types of land is also provided. For instance, in the example given above, the subdivider could dedicate 30 acres (not just 15 acres) of wetlands, so long as the dedication also included the minimum 35 acres of land that did not consist of wetlands, watercourses or floodplain areas. The Commission encourages subdividers to dedicate or otherwise preserve as much of the wetlands, watercourses and floodplain areas as possible.
A. 
An applicant shall submit a conventional subdivision plan that conforms to all requirements of the conventional subdivision regulations and the Ashford Zoning Regulations. In addition, except as otherwise provided in Article VI, § 295-41, Exceptions, every applicant proposing to subdivide or resubdivide a parcel of land containing six or more lots in any zoning district allowing residential development shall submit an open space subdivision plan that meets the requirements of this article and the other relevant provisions of these regulations and the Ashford Zoning Regulations. All preliminary layout and formal subdivision specifications for submittal of a conventional subdivision plan, as defined in Articles III and IV, apply to open space subdivision plans, as appropriate. In the case of a resubdivision the Commission may give consideration for any previous open space conveyances. For purposes of determining the size of the parcel proposed for subdivision, all land within the parcel, including any land not immediately proposed for use as building lots, shall be included.
B. 
The Commission recommends that prior to the submission of an official application for formal open space subdivision approval the applicant initiate a pre-application conference with the Commission and subsequently prepare and present preliminary layout plans for a conventional subdivision plan and an open space subdivision plan, for informal consideration by the Commission. The preparation of the preliminary layout plans is recommended to facilitate the general consideration of factors and problems affecting the development of the land before the applicant proceeds with the official application and the preparation of final maps, plans, and documents required for formal consideration by the Commission. The presentation of preliminary layout plans will more readily facilitate alterations and changes recommended by the Commission. Neither the pre-application conference nor the formal consideration of preliminary layout plans shall be deemed to constitute any portion of the official and formal procedure of applying for approval of any final subdivision plan. If the preliminary layout plan process is followed, the Commission will recommend if a conventional subdivision plan or an open space subdivision plan is the appropriate design for submission under the formal submission procedure.
C. 
Open space subdivisions will utilize a homeowners' association for the management, maintenance and upkeep of all retained common area(s), sediment and erosion control structures, and street network within the subdivision. All streets shall be constructed to the Ashford Public Improvement Specifications. The homeowners' association will conform to the requirements of Article V, § 295-30, of these regulations. Open space associated with the subdivision may be retained, managed and maintained by a homeowners' association or any of the other open space disposition options outlined in Article V, § 295-25.
For plans proposing less than 10 lots, the maximum number of lots for an open space subdivision shall be determined by taking the number of buildable lots that would result for the same parcel in a conventional subdivision design plan and applying this resulting number to a cluster of lots to be located on land with a minimum of one acre of buildable land per lot. For open space subdivision plans proposing 10 or more lots, the lot yield may be increased by 10%, each lot to be a minimum of one acre of buildable land per lot.
A. 
Minimum percentage of open space. The minimum percentage of land that shall be designated as permanent open space shall be 50%. The Commission reserves the right to select that portion of the proposed subdivision to be dedicated for open space and it may reject or modify any area(s) proposed by the applicant. In determining total land to be reserved as open space, the Commission may consider the tract or tracts of land to be immediately subdivided. Areas to be reserved as open space shall be shown on the final subdivision map. All designated open space shall be located through the placement of permanent monuments at the location of every direction change as per Article VIII, § 295-51, and meet the requirements of the Ashford Public Improvement Specifications.
B. 
Use of open space areas. The purposes for which open space areas are proposed shall be documented by the applicant.
(1) 
Stormwater management ponds or basins may be included as part of open space, provided that such pond:
(a) 
Shall contain water for less than 48 hours;
(b) 
Is a fire protection pond approved by the Fire Chief or his or her designee; or
(c) 
Is a permanent body of water which is designed and landscaped to simulate a natural pond.
(2) 
Land within the rights-of-way for underground utility lines may also be included as part of open space. However, land within the rights-of-way of overhead power lines, streets, driveways or other surface utilities shall not be included in open space.
A. 
The dimensional requirements for lots in an open space subdivision shall be as specified in the Ashford Zoning Regulations. In designing an open space subdivision, the applicant should consider the purposes set forth in Article V, § 295-22, of these regulations, the provisions and standards set forth in this Article VI, the provisions in the Ashford Zoning Regulations and the following factors:
(1) 
Proposed lots and improvements should be designed and situated to minimize alteration of the natural site features to be preserved.
(2) 
Proposed open space areas should include natural features located in the tract.
(3) 
Individual lots should be arranged and situated to relate to surrounding properties, to improve the view from and the view of prospective home sites, to minimize the area devoted to motor vehicle access and travel, and to take advantage of passive and active solar heating opportunities.
(4) 
The development should have design features that reflect the rural character of the immediate area, whether it is historic, agricultural or residential.
(5) 
A conceptual rendering of the proposed clustered dwellings shall be provided for review by the Design Advisory Board appointed by the Commission.
[Amended 5-10-2021]
B. 
The Commission may modify any application so as to designate open space in locations other than those proposed, if it determines that such modified location(s) will better serve the purposes and satisfy the applicable criteria and standards of these regulations and the Ashford Zoning Regulations.
Open space areas within an open space subdivision shall be dedicated using one of the methods outlined in Article V, § 295-25. The application shall suggest which of the foregoing entities is proposed to own the open space, but the Commission, as part of any approval of such application, may modify such designation to require ownership by an entity set forth above. The provisions of the Ashford Zoning Regulations set forth applicable criteria and limitations for such matters as development restrictions and covenants, instruments of open space conveyance, boundary designations, recording, rights to enforce, and association requirements, but the Commission shall review the proposed method for final disposition of all open space.
A. 
An applicant may apply to the Commission for an exception to the open space subdivision plan requirements. The purpose of the exception is to provide flexibility with regard to parcels of land for which an open space subdivision plan would be impractical due to existing physical conditions or limitations, would create an undue hardship, or would be substantially detrimental to the character of, or property values in, surrounding areas. In evaluating, approving or disapproving an application for such an exception, the Commission may consider the following criteria:
(1) 
The nature of the proposed development;
(2) 
The nature of the resources present on the land;
(3) 
The size of the subdivision;
(4) 
Road access;
(5) 
The shape of the parcel;
(6) 
Any undue hardships that the creation of an open space subdivision would cause; and
(7) 
Any other factors the Commission deems appropriate.
B. 
An applicant who is granted an exception under this section may submit a formal application for a conventional subdivision plan.
Except as otherwise provided in these regulations, all open space subdivision plans and applications as well as conventional subdivision plans and applications submitted must meet the procedural and substantive requirements of these regulations and the Ashford Zoning Regulations, as may be amended.