[Added 4-9-2009; effective 4-14-2009]
A.
The purpose of this section is to provide for a flexible approach
for the design and subdivision of land for residential development
on areas of a project site best suited for development and to protect
the remaining land as open space in accordance with the objectives
set forth in the Somers Plan of Conservation and Development. While
the intention is not to increase the overall site density, the creation
of open space is accomplished by permitting a transfer of density
by way of reduction in the minimum lot size and frontage normally
required in specific zones for residential development.
B.
The creation of an open space subdivision is intended to:
(1)
Protect natural streams, water supplies and watershed areas, soils,
wetlands, and other significant natural features and landmarks;
(2)
Maintain and enhance the conservation of wildlife, natural, agricultural,
or scenic resources;
(3)
Enhance the value to the public of abutting or neighboring parks
and unfragmented forests, wildlife preserves, nature reservations
or sanctuaries, or other open spaces;
(4)
Enhance public recreation opportunities;
(5)
Preserve historic sites;
(6)
Promote orderly residential development while providing flexibility
that is sensitive to site characteristics;
(7)
Limit the extent of impervious surfaces and control runoff;
(8)
Lower the impact on the natural environment; and
(9)
Encourage more creative and efficient site planning that will result
in reduced expenditures for utilities, infrastructure and maintenance
costs.
Open space subdivision design standards shall be required in
any single-family residential subdivision and be subject to all of
these regulations as set forth herein. In cases where, in the opinion
of the Commission, the goals of the open space subdivision regulations
as set forth above cannot be attained, the Commission may waive these
requirements and permit the applicant to proceed with a conventional
subdivision plan as otherwise provided in these regulations. Any applicant
wishing to utilize the conventional subdivision design standards shall
submit such a request to the Commission for its review prior to submitting
a formal application. The Commission may request any information it
deems necessary to evaluate any such request.
The Commission may refer for review and comment any subdivision
plan and proposal for the provision of open spaces and/or recreation
land to the Somers Conservation Commission, the Somers Recreation
Commission, the Somers Historical Society, or any other agency it
deems appropriate.
A.
The Commission shall, if it is determined to be consistent with the objectives of the Plan of Conservation and Development (e.g., connection of wildlife corridors) and § 213-62, Purpose, of these regulations, require an applicant proposing to subdivide a parcel of land that has been divided, subdivided, or resubdivided for residential use, containing 10 acres or more that results in the creation of four or more lots, in any residential zoning district to submit an open space subdivision plan that meets the requirements of this section and the other relevant provisions of these regulations and the Somers Zoning Regulations. 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.
An application for the approval of an open space subdivision shall be in accordance with § 213-10 of these regulations. In addition, the application must be accompanied by copies of the proposed certificate of incorporation, if any, declaration, by-laws, 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 and maintenance of open space.
C.
The Planning Commission shall direct and approve how open space shall
be owned in the subdivision. In all cases where the open space is
approved to be owned in common by the homeowners within the subdivision
or by any other third party, excluding the Town, the open space shall
be subject to a perpetual restriction running to and enforceable by
the Town as a third-party beneficiary, which shall be recorded in
the Somers Land Records. Such restriction shall be in such form and
substance as the Planning Commission shall prescribe and may contain
such additional restrictions on development and the use of common
open space as the Commission may deem appropriate. Any proposed documents
drafted in accordance with the section shall be submitted to the Commission
as part of the application and shall be reviewed by the Town Counsel.
D.
Except for easements for underground utilities, subdivision of common
open land or the use of common open land for other than recreation,
conservation, or agriculture shall be prohibited.
E.
If an owners' association needs to be established, it shall
require membership of each lot or unit owner in the open space subdivision.
The association shall be responsible for the permanent maintenance
of water, sewage, recreational and infrastructure facilities. An association
agreement or covenant shall be submitted with the application guaranteeing
the continuing maintenance of such common utilities, land and facilities
by assessing each unit a share of maintenance expenses. Such agreement
shall be subject to the review and approval of Town Counsel and the
Planning Commission as part of the application and shall comply with
the applicable provisions of the Connecticut General Statutes.
The maximum number of lots in an open space subdivision shall
be determined in accordance with § 214-141 of the Zoning
Regulations as amended.
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, satisfy
the applicable criteria and standards of these regulations and the
Zoning regulations and the Plan of Conservation and Development.
A.
The dimensional requirements for lots in an open space subdivision shall be as set forth in § 214-141 of the Somers Zoning Regulations as amended. In designing an open space subdivision, the applicant shall consider the purposes set forth in § 213-62 and § 213-30 of these regulations; the provisions and standards set forth in § 214-141 of the Zoning regulations, and the following:
(1)
Proposed lots and improvements should be designed and situated so
as to minimize alteration of natural site features to be preserved.
(2)
Proposed open space areas should include natural features located
in the tract (such as, but not limited to, stream beds, significant
stands of trees, individual trees of significant size, and significant
geological features).
(3)
Proposed open space must have reasonable access points for maintenance
and to facilitate connection with other dedicated open space, existing
or future, to complete trails and wildlife corridors in accordance
with the Plan of Conservation and Development and the Planning and
Open Space Trails Subcommittee's Open Space Plan Priority List.
Access may be provided through abutting existing open space parcels
with written permission of the owners of the abutting parcel.
(4)
Individual lots should be arranged and situated to relate to surrounding
properties, to improve the view from, and the view of, prospective
home sites, and to minimize the area devoted to motor access and travel.
B.
Dwelling units shall be clustered so as to allow a significant portion of the parcel to remain as open space as set forth in § 213-62 herein.
C.
The open space in any open space subdivision shall be located entirely within the undivided parcel and shall be in one contiguous piece except where the Commission finds that the purposes of § 213-62 would be more effectively served by separated parcels. The open space shall have a suitable shape, dimension, character and location to promote the purposes specified in § 213-62.
D.
The Planning Commission reserves the right to require the involvement
of a licensed landscape architect in the design of an open space subdivision.
E.
Lots shall be laid out to the greatest extent possible to achieve
the objectives listed below in order of priority:
(1)
To place septic systems on the most suitable soils for subsurface
waste water disposal (in unsewered areas only);
(2)
Within any woodland contained in the parcel, or along the far edges
of the open fields adjacent to any woodland (to reduce impact upon
agriculture, to provide summer shade and shelter from winter wind,
and to enable new construction to be visually absorbed by natural
landscape features);
(3)
In locations least likely to block or interrupt scenic vistas, as
seen from the public roadway(s);
(4)
On the least fertile soils for agricultural uses, and in a manner
which maximizes the usable area remaining for such agricultural use;
(5)
In locations where the greatest number of units could be designed
to take maximum advantage of solar heating opportunities.
F.
Wherever possible, ponds, streams, wetlands should be adjacent to,
contiguous to or included in the open space. Shade should be preserved
within wetland areas and at least 25 feet from ponds and streams.
H.
The visual integrity of hilltops and ridgelines shall be maintained
by siting development so that building silhouettes will be below the
ridgeline or, if the area is heavily wooded, the building silhouettes
will be at least 10 feet lower than the average canopy height of the
trees on the ridgeline or hilltop.
All new public streets shall be designed to the standards of
the Somers subdivision regulations. Final design is site specific
and subject to the review and approval of the Town Engineer.
The dedication of open space shall be in accordance with the provisions set forth in § 213-30 of these regulations.
