[Added 12-16-2008]
The purpose of this article is to provide housing for persons
over age 55 that is consistent with the overall intent of these regulations
and the Town Plan of Conservation and Development, namely to preserve
the rural, low-density character of the Town of Killingworth and to
protect subsurface groundwater supplies. This article permits variations
to conventional subdivisions in density and residential use facilities,
in order to promote the development of housing for older persons and
to provide incentives for the preservation of open space land.
As used in this article, the following terms shall have the
meanings indicated:
Any room designed, intended, furnished, or occupied for sleeping
quarters, and any room other than a living room, dining room, den/library/office,
kitchen, bathroom, or small utility or storage room of less than 50
square feet will be considered a bedroom.
A building owned in fee by an association of lot owners providing
facilities including but not limited to a meeting room, library, indoor
recreational facilities, kitchen, and sanitary facilities.
A single unit providing complete, independent living facilities
for one or more older persons, including permanent provisions for
living, sleeping, eating, cooking, and sanitation.
No parcel of land shall be considered for classification as
a retirement housing subdivision unless it complies with the following
standards:
A.
Location. The land is located in a Rural Residential District.
B.
Minimum parcel size and contiguous soils. The parcel of land shall
contain a minimum area of 40 contiguous acres, of which at least 25
acres shall belong to Soil Class A, B, or C.
C.
Frontage. The parcel shall have not less than 50 feet of contiguous
frontage on a public street. The road serving the subdivision shall
connect with a public street through the required frontage.
In order to promote housing for older residents and to preserve
open space, the Subdivision Regulations may be modified according
to the following provisions:
A.
Minimum buildable lot area. The required minimum buildable lot area must equal or exceed one acre as determined using the percentage applied to resource characteristics described in § 500-44 and Appendix B of the Zoning Regulations.[1] The area of rear lots must equal or exceed two acres, as described in § 500-44 and Appendix B of the Zoning Regulations. The required minimum buildable lot area must equal or exceed two acres for a building containing two dwelling units. The minimum buildable area of a lot containing an historic house must equal or exceed two acres as described in § 500-44 and Appendix B of the Zoning Regulations.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
B.
Lot frontage. Lots shall have contiguous frontage of at least 150 feet on a public street, subdivision street, or private road or 25 feet for lots as provided under § 485-49B(4) of the Subdivision Regulations.
C.
Lot rectangle. The minimum lot rectangle shall be 150 feet by 150
feet.
A.
Minimum area. The minimum aggregate area of the land to be dedicated
as open space shall not be less than 30% of the subdivision area.
Open space shall be located so as to preserve or protect inland wetlands,
streams, ponds, vernal pools, future public groundwater sources, ecologically
significant woodlands, wildlife habitats, steep slopes, unusual topographic,
geologic, and physical features, scenic values, agricultural lands,
active recreational areas, and historic and archaeological sites.
The following accessory uses and buildings exclusively serving
the residents of the retirement housing subdivision may be included
with the approval of the Commission:
A.
Dwelling units per building. Buildings may contain one or two dwelling
units, but not more than 25% of the total buildings shall contain
two dwelling units.
B.
Maximum lot yield. The total number of all buildings, exclusive of
a community center and outdoor recreational buildings, in the subdivision
shall not exceed the gross number of acres comprising the subdivision
divided by three. Any fraction shall be rounded off to the nearest
whole number.
C.
Retirement housing subdivision requirements.
(1)
Each unit must be occupied by at least one resident who is 55
years of age or older.
(2)
No dwelling unit shall be occupied by any individuals who have
not attained the age of 21 years of age.
(3)
If the resident who is 55 years of age or older is deceased,
a surviving spouse or companion who has an ownership interest in the
unit can remain in the unit although not 55 years of age.
(4)
Documents containing the age restrictions shall be approved
by the Commission and included on the record subdivision map and deeds
to property.
(5)
Documents providing for maintenance of roads, community centers,
or other common facilities shall be provided and filed on the land
records.
D.
Association of lot owners.
(1)
Accessory buildings and private roads within the subdivision
shall be owned in fee by a common-interest community organized pursuant
to Chapter 828 of the Connecticut General Statutes. The instrument
of association shall be in form and language approved by the Commission
and shall contain at least the following provisions:
(a)
The power to levy assessments against the owners of lots within
the subdivision enforceable by lien; and
(b)
Covenants to maintain the community buildings and private roads
in good and safe condition, to make all required repairs and to undertake
snow plowing, refuse collection, or other services, at no expense
or burden to the Town of Killingworth. Said covenants shall be expressly
enforceable by the Town as a third-party beneficiary.
(2)
If the subdivision includes a private road, the applicant or
owner of the land to be subdivided shall include in the deed to each
lot a statement that the street is not constructed in accordance with
the Road Criteria and Construction Standards prescribed by the Town
of Killingworth as a public way and is not a Town road or Town-maintained
road.
E.
Landscaping. The retirement housing subdivision shall be suitably
landscaped. A specific and detailed plan and schedule shall be submitted
as part of the application. Suitable landscaping, which may include
lawns or existing vegetation, is required in all areas not covered
by impervious surfaces. Large trees and stands of mature trees and
shrubs are to remain undisturbed where practical and desirable.
F.
Bedrooms. No dwelling shall have more than two bedrooms.
G.
Neighborhood character. In order to maintain the character of the
residential neighborhood in which it sits, no two adjacent units in
the development may be the same size, as determined either by total
square footage or by footprint. The overall design and the design
of individual structures shall be compatible with single-family homes
in the neighborhood, including, but not limited to, materials, roof
slopes, and overall bulk.
H.
Parking. Each dwelling unit shall have an attached garage for one
or two cars. There shall be at least 1 1/2 off-street parking
spaces, whether in a garage or outside, per approved bedroom, but
there shall be no more than three off-street parking spaces, whether
in the garage or outside, per unit. Recreational vehicles, boats,
and trailers may not be stored on dwelling lots.
Permanent dedication of open space shall be accomplished by
conveyance of the fee interest to a tax-exempt land conservation organization
approved by the Commission. The applicant shall submit to the Commission
a written statement from the organization to which open space is to
be dedicated agreeing to accept the open space. Any instrument or
conveyance of open space or any conservation easements or other open
space covenants and restrictions shall be created and recorded in
the office of the Town Clerk prior to endorsement of the record subdivision
map by the Commission.
