The Commission finds that in some cases the strict adherence to traditional land development and subdivision techniques within the Town of Willington may result in:
A. 
The consumption of areas containing valuable recreational, agricultural, forest and other unique natural resources.
B. 
The construction of extensive roads and other improvements requiring maintenance by the Town of Willington.
C. 
The development of sites without specific consideration of the limitations of, or opportunities offered by, the existing topographical and soil conditions.
D. 
The destruction of significant historic sites, geological features, severe slopes, scenic vistas, significant stands of trees, watercourses, wetlands, wildlife habitat or other areas of environmental value, natural beauty or historic interest.
To provide an opportunity for the preservation and protection of the Town of Willington's natural resources by permitting a transfer of density by way of reduction in the minimum lot size normally required in specified zones for residential development in return for the dedication of designated areas as open space; provided, however, that the total number of lots in such subdivision approximates the number otherwise permitted under these regulations and Chapter 310, Subdivision Regulations.
As used in this article, the following terms shall have the meanings indicated:
DEVELOPMENT RESTRICTION
A restriction which perpetually prohibits further development or use inconsistent with the enhancement, preservation and protection of a defined area for the benefit of fish, wildlife, plants, or other similar ecosystems, or preserves such areas predominantly in their natural scenic or open condition, but which may, in the sole discretion of the Commission, permit nonprofit recreational and/or agricultural uses, which nonprofit recreational or agricultural uses do not involve any significant alteration or development of the restricted area in a manner which is inconsistent or inimical to the preservation and protection of the restricted area.
NORMAL LOT SIZE
The lot size, expressed in square feet, normally applicable to the zone in which the proposed open space subdivision is located (80,000 square feet for the R-80 Zone).
OPEN SPACE
Land within an open space subdivision which is subject to a development restriction.
OPEN SPACE SUBDIVISION
A subdivision approved in accordance with this Article 10.
TOTAL AREA
The total area of the proposed open space subdivision expressed in square feet, but excluding any areas not used for detached single-family residential development or open space.
UNBUILDABLE AREA
The area, expressed in square feet, within the proposed open space subdivision which is comprised of wetlands, watercourses, Flood Zone A per FEMA maps, existing and proposed streets and highways, easements and rights-of-way for vehicular access and utilities. For purposes of this definition, easements and rights-of-way of an undefined width shall be deemed to be 25 feet in width.
An open space subdivision:
A. 
Shall only be permitted in the Residence 80 (R-80) Zone.[1]
[1]
Editor's Note: See also Ch. 310, Subdivision Regulations, § 310-6.02A.
B. 
Shall consist of a parcel(s) of land containing no less than a total of 25 contiguous acres.
C. 
Must not be harmful to the character of the surrounding area and property values of surrounding landowners.
D. 
Must, except as provided in this Article 10, otherwise comply with all applicable sections of these regulations and Chapter 310, Subdivision Regulations, and provisions of federal, state and local law.
E. 
Must provide for the dedication of open space in accordance with § 315-10.07B of this Article 10.
F. 
Must provide beneficial utilization of suitable soil and topographic conditions and protection of soils and topographic conditions not suitable for development.
G. 
Shall be used only for detached single-family dwellings and two-family dwellings, where and as permitted by these regulations, and permitted accessory uses. All other uses shall require the normal lot size and be subject to approval of the Commission in accordance with the applicable sections of these regulations. In addition, any other use which is proposed after the approval of the open space subdivision shall require an amendment to the special permit granted under this Article 10 in accordance with the applicable sections of these regulations.
H. 
Must be consistent with the intent of planning and zoning to promote the public health, safety and welfare of the Town of Willington and the Willington Plan of Conservation and Development.
A. 
Preapplication conference.
(1) 
The Commission recommends that, prior to submission of an application for approval of an open space subdivision, the applicant initiate a preapplication conference with the Commission and its staff to discuss conceptual aspects of the proposed open space subdivision and prepare and present a preliminary plan for informal consideration by the Commission. The preapplication conference is recommended to permit the general consideration of factors and problems affecting the development of the subject site before the applicant proceeds with the application and the preparation of final maps, plans and documents required to accompany such application.
(2) 
Following the preapplication conference, the Commission may provide informal, nonbinding suggestions to the applicant as to whether to proceed with an application under this Article 10 or to adhere to the conventional subdivision requirements of the applicable sections of Chapter 310, Subdivision Regulations.
(3) 
Neither the preapplication conference, the informal consideration of preliminary plans, nor the Commission's suggestions shall be deemed to constitute any portion of the application for approval of a subdivision.
B. 
Application. An application for the approval of an open space subdivision shall:
(1) 
Require approval of the Commission as a special permit and as a subdivision in accordance with the applicable sections of these regulations and Chapter 310, Subdivision Regulations.
(2) 
Be submitted with a proper and complete special permit form and subdivision application form, and application fees as set forth in Town ordinances.
(3) 
Be accompanied by 10 copies of the proposed plan setting forth the information required by this Article 10, the applicable sections of these regulations and Chapter 310, Subdivision Regulations, as well as such additional information as the Commission may require for a review of the proposed open space subdivision under the applicable sections of these regulations, or in order to reach a determination of the impact of the open space subdivision on the surrounding area. Such additional information may include, but is not limited to, the following: information concerning surrounding land uses, building locations, driveways, streets, topography, watercourses and wetlands; utilities and other information of a similar nature and purpose; a traffic impact study prepared by a Connecticut licensed professional engineer qualified to prepare such studies; an environmental impact statement prepared by professionals qualified to prepare such studies; and any reports prepared by the applicant's staff or consultants.
(4) 
Be accompanied by copies of the proposed certificate of incorporation, if any; bylaws, rules and regulations of any association or corporation of the lot owners within the proposed open space subdivision; copies of the proposed covenants and restrictions to be placed in the deeds of conveyance to the lot owners, and copies of any proposed deeds, agreements, conveyances and restrictions necessary for the creation of open space, including a precise statement of the proposed development restriction.
C. 
Public hearing. The public hearings on the special permit and subdivision application shall be held concurrently.
[Amended 9-16-2025, eff. 10-1-2025]
A. 
Minimum area, yard and coverage requirements:
(1) 
Minimum lot area, single-family: 60,000 square feet.
(2) 
Minimum lot area, two-family: 120,000 square feet.
(3) 
Minimum lot frontage, single-family: 150 feet.
(4) 
Minimum lot frontage, two-family: 300 feet.
(5) 
Minimum lot depth: 200 feet.
(6) 
Minimum front yard: 20 feet.
(7) 
Minimum side yard: 15 feet.
(8) 
Minimum rear yard: 25 feet.
(9) 
Maximum building coverage: 20%.
B. 
Rear lots. Rear lots in open space subdivisions shall contain 60,000 square feet for a single-family dwelling and 120,000 square feet for a two-family dwelling, excluding the area of the access strip, but shall conform to all other requirements for rear lots (see § 315-4.18, Rear lots).
C. 
Minimum buildable area. All lots in an open space subdivision shall comply with the minimum buildable area requirements contained in § 315-4.04, Lot compliance and buildable area, of these regulations.
D. 
Calculation of maximum allowable lots. In order to determine the maximum number of lots allowable within the proposed open space subdivision, the applicant shall either:
(1) 
Submit a statement, certified by a Connecticut licensed land surveyor or engineer, setting forth the results of the following calculation; or
TL - UBA/NLS = N
Where:
N
=
Number of lots
TL
=
Total area of parcel, square feet
UBA
=
Unbuildable area, square feet
NLS
=
Normal lot size, square feet
(2) 
Submit a conventional subdivision plan using the normal lot size which will be reviewed by the Commission without the application of this Article 10, including the depiction of the minimum required open space (20%) set forth in § 310-5.15 of Chapter 310, Subdivision Regulations. Such conventional plan need not contain all information required for a Final Subdivision Plan by Chapter 310, Subdivision Regulations, but shall contain only such information as is necessary to permit the Commission to determine that the conventional plan represents a feasible subdivision of the land at Normal Gross Lot Dimensions. If approved by the Commission as representing a feasible conventional subdivision plan, the total number of lots in such conventional subdivision plan shall be the maximum total number of lots in the Open Space Subdivision.
E. 
Conformance. Any lot with reduced area approved under the provisions of this Article 10 shall be deemed to be a conforming lot notwithstanding the normal lot size; provided, however, that such lot meets the requirements of the other applicable sections of the regulations and Chapter 310, Subdivision Regulations. Any such lot shall be designated on the approved open space subdivision plan which is presented for recording.
[Amended 9-16-2025, eff. 10-1-2025]
A. 
Calculation of required open space. In return for the reduction in the normal lot size, the proposed open space subdivision shall require the dedication as open space of an area which is, at a minimum, equal in size to the aggregate difference between normal lot size and the minimum lot area set forth in § 315-10.06A applicable to each lot in the open space subdivision.
B. 
Dedication of open space. Open space shall be dedicated, by conveyance in fee simple, in accordance with the applicable provisions of § 310-5.15 of Chapter 310, Subdivision Regulations.
(1) 
The applicant shall designate in its application which of the entities set forth in § 310-5.15 of Chapter 310, Subdivision Regulations, are proposed to own the open space, but as part of the approval of such application, the Commission may modify such designation. Furthermore, the Commission may modify any application so as to designate open space in locations other than those proposed.
(2) 
In determining whether the proposed entity is appropriate to own the proposed open space, or whether to require open space in locations different from those proposed, the Commission shall consider the following factors: the ownership of any existing open space on adjacent properties, or the proximity to nonadjacent open space which might reasonably interconnect with the proposed open space in the future; the proposed use of the open space for active or passive uses, and the extent of maintenance, supervision, or management required; the potential benefits which the open space might provide to residents of the Town or the state, if it were accessible to them; the size, shape, topography, and character of the open space; the recommendations of the Willington Plan of Conservation and Development and the Willington Open Space Plan; and the reports or recommendations of any State or town agencies, including, but not limited to, the Board of Selectmen, the Willington Inland Wetlands Commission, the Parks and Recreation Commission, the Conservation Commission, the Windham Regional Planning Agency, and the Connecticut Department of Energy and Environmental Protection.
C. 
Alteration of open space. Any excavation, filling, regrading or alteration of open space; any construction or expansion of any building, structure or other improvements thereon; or any paving or surfacing of open space subsequent to the date of approval of the open space subdivision shall require an amendment to the special permit granted under this Article 10 in accordance with the applicable sections of the regulations.
D. 
Evidence of acceptance. If open space is to be owned by a private not-for-profit conservation trust or corporation, the State of Connecticut, the Town of Willington, or another entity, the application shall contain written evidence from the proposed entity satisfactory to the Commission stating that it is willing to accept ownership of and responsibility for the preservation and maintenance of the open space.
E. 
Required provisions. Regardless of the manner of ownership of the open space, the terms of conveyance shall be in conformance with § 310-5.15I of Chapter 310, Subdivision Regulations:
(1) 
The continued use of such land for the intended purposes;
(2) 
The continuity of proper maintenance for those portions of the open space requiring maintenance;
(3) 
When appropriate, the availability of funds required for such maintenance;
(4) 
Adequate insurance protection; and
(5) 
Recovery for loss sustained by casualty, condemnation or otherwise.
(6) 
Homeowners' associations shall comply with the provisions of § 310-5.15 of Chapter 310, Subdivision Regulations.
F. 
Boundary lines. The boundary lines of all open space shall be set in the field and marked by permanent, readily visible markers where such lines intersect any lot line, road or perimeter line within the proposed open space subdivision and at such other points as may be required by the Commission to ensure identification in the field.
G. 
Recording. At the time the approved Open Space Subdivision Plan is filed, the applicant shall record on the Willington Land Records all deeds and legal documents required to ensure the aforesaid guarantees.
H. 
Right to enforce.
(1) 
A right to enforce the development restriction shall be conveyed to:
(a) 
The Town of Willington, the State of Connecticut, or a private, not-for-profit conservation trust or corporation dedicated to conservation or preservation purposes in cases where the open space is dedicated to an association or corporation of lot owners; or
(b) 
To the association or corporation of lot owners in cases where open space is dedicated to the Town of Willington, the State of Connecticut, or a private, not-for-profit conservation trust or corporation.
(2) 
Any deed of conveyance shall contain language providing the holder of the development restriction with the right to obtain reimbursement for all costs it reasonably incurs, including attorneys' fees, in any action to enforce the development restriction in which it is the prevailing party.
I. 
Association requirements. If the open space is to be dedicated to an association or corporation of lot owners, then the Commission may set additional requirements, including, but not limited to those set forth in § 310-5.15I of Chapter 310, Subdivision Regulations, and the following:
(1) 
Creation of the association or corporation prior to the sale of any lot.
(2) 
Mandatory membership in the association or corporation by all original lot owners and any subsequent owner.
(3) 
The association or corporation shall have the power to assess and collect from each lot owner a specified share of, and, where necessary, provide reserves for the costs associated with maintenance, repair, upkeep and insurance of the open space.
[Amended 9-16-2025, eff. 10-1-2025]
In reviewing the proposed open space subdivision, the Commission shall additionally utilize the following criteria:
A. 
The recommendations of the Willington Plan of Conservation and Development, as amended, relative to open space and recreation.
B. 
The suitability of areas within the proposed open space subdivision for open space purposes in light of the topography, size, shape, and character of the land to be subdivided, and its relationship to other existing or proposed areas of open space.
C. 
The maintenance, insurance, and other burdens placed upon the residents of the open space subdivision and/or the Town of Willington.
D. 
The increase in the burden imposed by the proposed open space subdivision on existing and proposed areas of open space.
E. 
The recommendations of the Board of Selectmen, the Willington Inland Wetlands Commission, the Parks and Recreation Commission, the Board of Finance, the Conservation Commission, and any other public or private agencies or authorities providing comment to the Commission.
F. 
The level of access to the areas of open space afforded to members of the general public.
Open space preserved in accordance with this Article 10 need not be included within the area of the subdivision for which approval has been sought, but may, at the option of the applicant, be located in such proximity to such subdivision as to ensure that the residents of the proposed subdivision shall derive direct benefits from the open space so dedicated. In determining whether the residents of the proposed subdivision shall derive benefits from the proposed open space, the Commission shall consider:
A. 
The physical distance between the open space and the proposed subdivision, such that residents of the subdivision will have a view of, ready use of, or other benefit from, such open space.
B. 
Whether the proposed open space land to be dedicated is served by the same road as the subdivision, such that traffic generation will remain constant over the length of such road.
C. 
Whether the area of the proposed open space is served by the same municipal service district, as, for example, elementary school district, fire company, or sewer/water trunk lines, such that the burden of providing such services will remain constant within such district(s).
D. 
Whether the proposed open space provides a needed recreational or other facility, preserves a critical wildlife habitat or unique natural feature, or otherwise fulfills an important recreational/environmental objective of the Town of Willington in the general area of the subdivision such that property values in the proposed subdivision will be enhanced.