SECTION 30 - OPEN SPACE SUBDIVISION (Effective 07/01/2011)
Sec. 30.1 - Findings
The Commission finds that in some cases the strict adherence to traditional land development and subdivision techniques within the Town of East Hampton has resulted in:
1 The consumption of areas containing valuable recreational, agricultural, forested, and other unique natural resources;
2 The construction of extensive roads and other improvements requiring maintenance by the Town of East Hampton;
3 The development of sites without specific consideration of the limitations of, or opportunities offered by, the existing topographical and soil conditions; and
4 The destruction of significant historic sites, geological features, severe slopes, scenic vistas, significant stands of trees, water courses, wetlands, wildlife habitat, or other areas of environmental value, natural beauty or historic interest.
Sec. 30.2 - Purpose
The purpose of Section 30 is to respond to the foregoing findings by providing for the following:
1 To allow adequate opportunities for development under these regulations;
2 To allow for greater flexibility and creativity in the design of residential developments;
3 To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources including aquifers, water bodies and wetlands, and historical and archaeological resources;
5 To encourage protection of sensitive water and wetland resources in order to maintain and protect the integrity of the Salmon River Watershed and other cool water systems;
6 To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features;
7 To minimize the total amount of disturbance on the site;
8 To further the goals and policies of the Town of East Hampton’s Plan of Conservation and Development; and
9 To facilitate the construction and maintenance of housing, streets, utilities, and public services in a more economical and efficient manner.
Sec. 30.3 - Definitions
Open Space Subdivision: A subdivision approved in accordance with this Section 30. A development pattern that arranges the layout of buildings, roads, and utilities in a compact area so as to preserve a large portion of the site for community open space.
Conventional Subdivision: A parcel of land which is divided in accordance with the requirements of the East Hampton Zoning and Subdivision Regulations.
Development Restriction: A restriction which perpetually prohibits further development or use inconsistent with or inimical to the enhancement, preservation, and protection of a defined area for the benefit of fish, wildlife, plants, or other similar ecosystems; or which perpetually preserves such areas predominantly in their natural scenic or open condition; but which does not involve any significant alteration of 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 acres or square feet, normally applicable to the zoning district in which the proposed Open Space Subdivision is located.
Open Space: Land within an Open Space Subdivision which is subject to a Development Restriction and permanently set aside for public or private use and will not be developed unless otherwise provided for in this regulation. The Commission may permit a small portion of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space (e.g., pedestrian walks and bike paths) so long as it supports the purposes of the open space and is consistent with state and local level environmental protections.
Total Area: The total area of the proposed Open Space Subdivision expressed in acres.
Unbuildable Area: The area, expressed in acres, 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 (R.O.W.) for vehicular access and utilities, and slopes of twenty-five (25) percent or greater. For purposes of this definition, easements and rights of way of an undefined width shall be deemed to be twenty-five (25) feet in width.
Yield Plan: A preliminary concept site plan included as part of an application for an Open Space Subdivision that shall be used to determine the maximum number of allowable lots for an Open Space Subdivision. The yield plan shall be based on Conventional Subdivision regulations and shall comply with all applicable standards and regulations of the East Hampton Subdivision Regulations, Section 28 Site Plan Review, and provisions of federal, state and local law.
Sec. 30.4 - Authority
The Commission shall act as the Special Permit Granting Authority for Open Space Subdivision applications.
Sec. 30.5 - General Eligibility Requirements
The Commission shall accept and review an Open Space Subdivision application only if it complies with the following eligibility requirements.
1 The development may only be permitted in the R2, R3, or R4 zones.
2 The development shall result in a minimum of five (5) lots as determined by the yield plan (see Section 30.6.3.B).
3 The development shall only include detached single family dwellings 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 Section 30 in accordance with the applicable sections of the Zoning Regulations.
Sec. 30.6 - Application Procedures and Requirements
1 Waiver of strict compliance:
Strict compliance with any procedures or application requirements within this Section 30.6 may be waived by the Commission through a ¾ majority vote if the Commission finds that providing a waiver does not hinder the Commission’s ability to review the application against the design and performance standards of this regulation due to the unique conditions on the site and the waiver is consistent with the Section 30.2 (Purpose) of this regulation. Any request from an applicant for a waiver from this Section 30.6 must be submitted in writing to the Commission and must clearly identify the provisions for which a waiver is being sought, and if applicable, must describe the alternative information being provided or method of compliance. In addition, such request shall be accompanied by a
statement setting forth the reason or reasons why, in the applicant’s opinion, the granting of such a waiver or waivers would be in the public interest and consistent with the intent and purpose of an Open Space Subdivision.
2 Application Procedures:
The following procedures apply to an application for an Open Space Subdivision:
A Pre-Application Conference:
The Commission recommends that, prior to submission of an application for an Open Space Subdivision, the applicant initiate a pre-application conference with the Commission and its staff to discuss conceptual aspects of the proposed Open Space Subdivision compared to a proposed Conventional Subdivision. The applicant is encouraged to prepare and present conceptual plans for informal consideration by the Commission for both concepts.
The pre-application conference is recommended to facilitate the general consideration of site conditions 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.
Following the pre-application conference, the Commission will provide informal, non-binding suggestions to the applicant as to whether to proceed with an application under this Section 30 or to adhere to the Conventional Subdivision requirements of the applicable sections of the East Hampton Subdivision Regulations.
The Applicant may submit more than one design for an Open Space Subdivision to the Commission for discussion purposes. Neither the pre-application conference, the informal consideration of preliminary plans, nor the Commission’s suggestion, shall be deemed to constitute approval of any portion of a subdivision application.
B Public Hearing:
Public hearings on the Special Permit and the Open Space Subdivision Application shall be held concurrently. Prior to the close of the public hearing, the Commission shall recommend the development Plan (either the Open Space Subdivision Plan or the Conventional Subdivision Plan) that it considers the most beneficial to the Town. Within seven days of the Commission’s recommendation, during the public hearing, the Applicant shall elect which plan he/she wishes to pursue and communicate this choice in writing to the Commission.
An Open Space Subdivision shall also require approval by the Health Director. These application and review processes shall be administered concurrently to the greatest extent practical.
3 Application Requirements:
An application for the approval of an Open Space Subdivision shall require the following information.
A A proper and complete Special Permit and Subdivision application form including a check made payable to the Town of East Hampton in the amount specified in the Fee Schedule, and all required supporting information.
B Ten (10) copies of a Yield Plan that shall be used to determine the maximum number of allowable lots for the Open Space Subdivision. The contents of a Yield Plan shall include:
i Parcel boundaries, north arrow, date, legend, title "Yield Plan," and scale;
ii The name and address of the record owner or owners, the applicant, the landscape architect, the design engineer and/or land surveyor that prepared the plan;
iii The names, approximate location, and widths of adjacent streets;
iv Existing topography at 2-foot contour intervals;
v Map of soils using NRCS soils mapping;
vi The location of all on-site local, state, and federal regulatory resource boundaries and buffer zones which shall be clearly identified, and all wetland flag locations shall be numbered and placed upon the Yield Plan;
vii Lot lines with approximate areas and frontage dimensions, or unit placements and proposed common areas;
viii Location and extent of rights-of-way and general location of stormwater management systems; and
ix If available, the location and results of any test pit investigations for soil profiles, percolation rates and determination of seasonal high ground water table.
C Ten (10) copies of a project narrative describing the proposed Open Space Subdivision and demonstrating compliance with all the standards and regulations of this Section 30.
D Ten (10) copies of the proposed plan of the Open Space Subdivision in compliance with this Section 30, the East Hampton Subdivision Regulations, and Section 28 Site Plan Requirements unless otherwise provided for under this Section 30 or specifically waived pursuant to Section 30.6.1.
E Ten (10) copies of any additional information as the Commission may require for a review of the proposed Open Space Subdivision 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, water courses and wetlands, utilities and other information of a similar nature and purpose.
F Where applicable, ten (10) copies of the proposed certificate of incorporation, if any, bylaws, rules and regulations of any association or corporation of the lot owner within the proposed Open Space Subdivision.
G Ten (10) 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.
Sec. 30.7 - Design Process
At the time of the application for the Special Permit and Open Space Subdivision, applicants are required to demonstrate to the Commission that the following design process was considered in determining the layout of proposed streets, lots, house placement, and designation of all common areas and open space. The design process shall be performed by a multidisciplinary team of which one member must be competent in landscape architecture.
1 Step One - Identify Open Space Areas:
A Identify Regulated Open Space Areas including:
i Wetlands, ponds and water courses;
ii 100-year floodplains;
iii Significant Natural Communities defined by the CT DEP;
iv Areas with potentially State and Federally listed endangered, threatened or special concern species as per the current State and Federal Listed Species and Significant Natural Communities Map published by the CT Geological and Natural History Survey of the CT DEP;
v Structures and features listed on the National or State Register of Historic Places; and
vi Upland Review Areas as defined by the East Hampton Inland Wetlands and Watercourses Agency.
B Identify Unregulated Open Space Areas including:
i Slopes that exceed 20%;
ii Any portion of a contiguous forest area over 20 acres in size;
iii Site-wide vegetated cover types including, but not limited to: meadow, coniferous forest, deciduous forest, mixed forest, old field, open wetland, forested wetland, and scrub (survey not required for unregulated areas, applicant may use interpretation of aerial photography to map in combination with field reconnaissance);
iv Potential contiguous open space or connective green belts;
v Prime farmland;
vi Areas that have recreation value as recommended by the Parks and Recreation Department and/or the Recreation and Open Space Section of the Plan of Conservation and Development;
vii Unregulated cultural features such as historic sites and structures, archeological sites, and scenic views.
2 Step Two - Locate House Sites:
Locate approximate house sites outside the Regulated Open Space Areas and, to the extent practicable, outside Unregulated Open Space Areas on suitable soils. The first lot for a house site shall be measured at a minimum distance of one hundred (100) feet from the existing Town road for which the Subdivision is proposed.
3 Step Three - Align Streets and Driveways:
Trace a logical alignment for local streets to the house sites. Streets and driveways shall follow the existing topography of the parcel where feasible to minimize cuts and fills. A street plan shall be designed which shall maintain the rural character of the Town.
4 Step Four: Draw in Lot Lines:
Draw in lot lines in accordance with the applicable requirements of Section 30.8.
Sec. 30.8 - Design Standards and Controls
The following General and Site Specific Design Standards shall apply to all applications for Open Space Subdivision and shall govern the development and design process:
1. General Design Standards:
A The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, surface water buffers, and natural drainage ways shall be treated as a framework for designing road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.
B Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.
C Development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have a functional or visual relationship to the proposed buildings.
D All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.
E The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.
2. Site Specific Design Standards:
A Minimum area, yard and coverage requirements:
Minimum front yard: thirty (30) feet
Minimum side yard: ten (10) feet
Minimum rear yard: twenty-five (25) feet
Maximum building coverage: twenty (20) percent
Maximum building height: thirty (30) feet
Footnote: minimum lot size, length and frontage to be excluded.
B Buildable Area:
Any lot with reduced lot area approval shall contain a minimum contiguous area of no less than the minimum lot area as required through separating distances as specified under the State of Connecticut Public Health Code as may be amended and shall contain no land defined as unbuildable under Section 30.3 of these regulations.
Buildable area shall not include areas of vehicular travel easements, rights of ways, utilities, drainage easement area, restrictive cutting easements, conservation easements, and other easements for public or private facilities.
C Clearing Limits:
Clearing shall be limited to a maximum of twenty-thousand (20,000) square feet per lot.
D Parcel Road Frontage Requirements:
In the case of an Open Space Subdivision the property line for the first house shall be no closer than one-hundred (100) feet from the road on which the subdivision will gain entry and/or at least one-hundred (100) feet from a property line of a lot which fronts the local road access.
E Roads and Sidewalks:
All roads shall comply with Town Road Standards except where specifically provided for. Where the Open Space Subdivision will be maintained by an association, the Commission may reduce the road width to eighteen (18) feet for cul-de-sacs, with the number of lots determined at the discretion of the Commission and consistent with State laws, codes, and regulations.
Reinforced shoulders may be required where the road width is proposed to be narrower than the required road standard to allow for off street parking, and or to provide additional surface for emergency vehicles.
Sidewalks may be required where street width has been reduced, where construction of new sidewalks will connect to an existing system, or where the Commission deems sidewalks would be beneficial to the health, safety and welfare of the community. Internal trail systems may also be required where applicable, and may include sidewalks
F Cul-de-sacs:
Requirements for maximum cul-de-sac length shall not apply to an Open Space Subdivision.
Islands in cul-de-sacs are encouraged to maintain rural character. Islands may be of a recessed nature to provide for drainage and/or emergency vehicle staging areas.
G Aesthetics:
Where an Open Space Subdivision will be constructed with groupings of lots, a minimum fifty (50) foot buffer shall be required between groupings (adjacent lot lines). A grouping shall not exceed five (5) lots.
H Street Trees:
All lots shall have minimal lot clearing. Natural vegetation shall remain along the street to create privacy for each lot. Where clearing has eliminated all vegetation, street trees, at least two per each lot, shall be required. Caliper measurements and root ball specifications for all trees and shrubs shall conform to the American Standard for Nursery Stock ANSI Z60.1-2004 as amended.
I Erosion and Sedimentation Control:
Construction and design shall follow the 2002 CT Erosion and Sediment Control Guidelines as may be amended. Porous materials may be considered for use in road, sidewalk and driveway construction. (e.g., porous sub base, cement, asphalt) where soil types and conditions permit, and only where a private association is proposed).
J Conformance:
Any lot with reduced area approved under the provisions of this Section 23.0 shall be deemed to be a conforming lot notwithstanding the Normal Lot Size; provided, however, that such lot meets the requirements of other applicable sections of the Regulations and the East Hampton Subdivision Regulations. Any such lot shall be designated on the approved Open Space Subdivision Plan which is presented for recording, except as otherwise designated in these regulations.
K On-site Pedestrian and Bicycle Circulation:
Walkways, trails and bicycle paths shall be provided where appropriate to link residences with recreation facilities (including parkland and open space) and adjacent land uses where appropriate.
Sec. 30.9 - Open Space and Development Restriction
Open Space Subdivisions shall comply with the following Open Space requirements:
1 Required Open Space:
A The R-2, and -3 Zones shall require a minimum of 40% Open Space.
B The R-4 shall require a minimum of 50% Open Space.
2 Use of Open Space:
Dedicated open space shall be used for wildlife habitat, conservation, protection of water resources and the following additional purposes: historic preservation, outdoor education, low impact recreation, aquifer protection, agriculture, horticulture, forestry, a combination of these uses, and shall be served by suitable access for such purposes. Applicants are strongly encouraged to locate open space to provide additional buffer areas to sensitive surface water resources and wetland areas. The Commission may permit a small portion of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space provided said improvements support the purposes of the conservation area and is consistent with state and local level environmental protections. Under no circumstances shall stormwater from impervious cover within open space be allowed to drain directly to existing wetlands or water courses without adequate pre-treatment for pollutant
removal.
At the discretion of the Commission any subdivision that results in 20 lots or more may be required to provide land suitable for active recreation which may consist of an open area suitable for organized sports, or onsite pedestrian and bicycle circulation with public access.
3 Contiguous Open Space:
The open space shall be contiguous. Open space will still be considered contiguous if it is separated by a roadway or other unobstructed way. The Commission may waive this requirement through a ¾ majority vote for all or part of the required open space where it is determined that allowing noncontiguous open space will promote the goals of this bylaw and/or protect identified Regulated and Unregulated Open Space Areas.
4 Dedication of Open Space:
Open Space shall be dedicated, by conveyance, in fee simple, to one of the following:
A An association or corporation composed of the owners of all lots within the Open Space Subdivision;
B The Town of East Hampton;
C The State of Connecticut;
D A private not-for-profit conservation trust which ensures the preservation and maintenance of the Open Space in perpetuity; or
E Such other private or governmental entity which ensures the preservation and maintenance of the Open space in perpetuity and is acceptable to the Commission.
The applicant shall designate in the application which of the foregoing entities are proposed to own the Open Space, but as part of the approval of such application, the Commission may modify such designation to require ownership by an entity set forth in subsections 30.9.4.A-C above. The Commission may not require ownership by a private entity as described in subsections (30.9.4.D-E) which shall be approved only when proposed by the applicant.
5 Location of Open Space
The Commission may modify any application so as to designate Open Space in locations other than those proposed. 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 the adjacent properties, or the proximity to non-adjacent 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 recommendation of the East Hampton Plan of Development; the report’s recommendations of any State or Town agencies, including but not limited to the Town Council, Inland Wetlands and Watercourses Commission, the Parks and Recreation Commission, the Conservation-Lake Commission, the Middlesex Regional Planning Agency and the Connecticut Department of Environmental Protection.
6 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 under this Section 30 and in accordance with the applicable sections of these Regulations.
7 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 East Hampton 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.
8 Required Provisions:
Regardless of the manner of ownership of the Open Space, the instrument of conveyance must include provisions satisfactory in form and substance to the Commission to ensure:
A The continued use of such land for the intended purposes;
B The continuity of proper maintenance for those portions of the Open Space requiring maintenance;
C When appropriate, the availability of funds required for such maintenance;
D Adequate insurance protection; and
E Recovery for loss sustained by casualty, condemnation, or otherwise.
9 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 points as may be required by the Commission to ensure identification in the field.
10 Recording:
At the time the approved Open Space Subdivision Plan is filed, the applicant shall record on the East Hampton Land Records all legal documents required to ensure the aforesaid guarantees. The applicant shall also furnish documentation, in the form of a certificate of title or other acceptable legal document, that shows the title to the property is free and clear of any encumbrances or defects and may be wholly transferred to another entity without difficulty.
11 Right to Enforce and Inspect:
A right to enforce the terms of the Development Restriction and to inspect the open space shall be conveyed to the party that will own the open space, or to their designee. 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 for maintenance, repairs or restoration of the open space. These fees may include attorney’s fees where any legal action is successfully taken to enforce the terms of the Development Restriction.
12 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 the following. Creation of the association or corporation prior to the sale of any lot; mandatory membership in the association or corporation by all original lot owners and any subsequent owner; and 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 the costs associated with maintenance, repair, upkeep and insurance of the Open Space.
Sec. 30.10 - Decision of the Planning and Zoning Commission
1 Decision Criteria:
The Commission may approve, approve with conditions or deny a Special Permit application for an Open Space Subdivision. A Special Permit for an Open Space Subdivision may be granted by the Commission if it determines that the proposed Open Space Subdivision has less detrimental impact on the property than a Conventional Subdivision and finds that the following factors are present:
A The Open Space Subdivision, unless otherwise provided under these regulations, complies with all applicable standards and regulations of this Section 30, the East Hampton Subdivision Regulations, the Roadway Standards, Section 28 Site Plan Review, and provisions of federal, state and local law.
B The Open Space Subdivision achieves greater flexibility and creativity in the design of residential or unit development and achieves greater avoidance of environmentally sensitive areas and water resources than a Conventional Subdivision.
C The Open Space Subdivision promotes the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources including aquifers, water bodies and wetlands, and historical and archaeological resources.
D The Open Space Subdivision promotes a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a Conventional Subdivision.
E The Open Space Subdivision provides beneficial utilization of suitable soil and topographic conditions and protection of soils and topographic conditions not suitable for development.
F The Open Space Subdivision reduces the total amount of disturbance on the site including, but not limited to soil and tree disturbance.
G The Open Space Subdivision is consistent with the intent of Planning and Zoning to promote the public health, safety and welfare of the Town of East Hampton and the East Hampton Plan of Conservation and Development.
H The Open Space Subdivision facilitates the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner.
I The maintenance, insurance and other burdens placed upon the residents of the Open Space Subdivision, and/or the Town of East Hampton are acceptable.
J The level of access to the areas of Open Space afforded to members of the general public is adequate.
K The proposed traffic circulation within the Open Space Subdivision, traffic load or possible circulation problems on existing streets and pedestrian safety are considered.
L The accessibility, architecture, relationship between buildings within the Open Space Subdivision, character of the surrounding neighborhood, and impacts to adjacent properties is considered.
M The recommendations of the Town Council, the Board of Finance, the Inland Wetlands and Watercourses Commission, the Conservation Commission, the Parks and Recreation Department, and any other public or private agencies or authorities providing comment to the Commission are considered.
2 No building permit or certificate of occupancy shall be issued by the Building Inspector, nor shall the Town accept any street, should the Conservation Plan, Subdivision Plan or Site Plan be changed in any way without the approval of the Commission.
Sec. 30.10 - Severability
If any provision within the regulations of this Section 30 is held invalid by a court of competent jurisdiction, the remainder of these provisions shall not be affected thereby.
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