SECTION 34 - OPEN SPACE RESIDENTIAL DEVELOPMENT PLANS

34.1 General: The OSRDP provides for residential development at the same density as the underlying zone but allows for clustering either on reduced-size lots for individual units (herein referred to as Option I) or single family units on land owned in common (herein referred to as Option II). The Planning and Zoning Commission may approve a SPECIAL EXCEPTION to permit the establishment of an Open Space Residential Development Plan in any Residence R-3, R-4 and R-5 District in accordance with the procedures, standards and conditions herein specified, in order to accomplish one or more of the purposes specified in Paragraph 34.2 of this Section. The Commission shall follow the procedures herein specified and, in evaluating any application, shall also be responsive to the provisions and recommendations of the Comprehensive Plan of Development. Before granting any SPECIAL EXCEPTION, the Commission shall find that the standards and conditions herein specified have been met and that the SPECIAL EXCEPTION will accomplish one or more of the purposes herein stated and will be in harmony with the purposes and intent of the Zoning Regulations.

34.2 Purpose: The Commission may approve a SPECIAL EXCEPTION to permit establishment of an Open Space Residential Development Plan involving modification of lot area, shape and setback requirements if it finds that the SPECIAL EXCEPTION will accomplish one or more of the following purposes:

34.2.1 To permit tracts of considerable size in Residence R-3, R-4 and R-5 Districts to be designed and developed for single family residential and similar purposes in such manner as to accomplish one or more of the following open space purposes:

a. To preserve land as unsubdivided and undeveloped open space which preserves or enhances the appearance, character and natural beauty of an area;

b. To preserve land for park and recreation purposes;

c. To preserve land for purposes of conserving natural resources;

d. To preserve and protect particular areas and terrain having qualities of natural beauty or historic interest;

e. To protect streams, rivers and ponds so as to avoid flooding, erosion and water pollution.

34.3 Applications: Four copies of each application for a SPECIAL EXCEPTION pertaining to a proposed Open Space Residential Development Plan shall be submitted in writing to the Zoning Enforcement Officer, shall be accompanied by an Application for a Certificate of Zoning Compliance and shall also be accompanied by the following:

34.3.1 Statement: Applicant shall submit a written statement describing the purpose to be accomplished and the proposed method of preservation and disposition of any open space lands: four (4) copies shall be submitted.

34.3.2 Conceptual Conventional Subdivision: In order to demonstrate the maximum number of lots and/or dwelling units which could be approved, applicant shall submit a subdivision map of the area meeting the requirements of a Site Development Plan as specified in the Subdivision Regulations of the Town of Branford (Sections 3-1 & 3-2) as well as all applicable requirements of Section 4, "Design Standards," and showing a theoretical subdivision of the land in conformity with the underlying Residence R-3, R-4 and/or R-5 District requirements as applicable. In addition to the requirements of Sections 3-1 and 3-2 of the Subdivision Regulations, the Site Development Plan shall include the following:

Wetlands, as marked by a certified soil scientist and mapped by a licensed land surveyor.
Location of open space constituting a minimum of 10% of the land area.
Proposed contours at 2-foot intervals.
Information on percolation rates and location of deep test pits for each lot if on-site septic systems are proposed.

The Commission may require the submission of a traffic report (Sect. 31.4.7), drainage report (Sect. 31.4.8), reports from local (eg. Inland Wetlands Commission), State or federal agencies (Sect. 31.4.10) and/or such additional information that it deems necessary in order to make a determination on number of lots.

The conceptual conventional subdivision, being theoretical and not subject to approval for actual construction, does not have to be approved by the Inland Wetlands Commission or East Shore District Health Department. Four (4) copies shall be submitted.

34.3.3 Preliminary Plans & Reports for Option I: Applicant shall submit a preliminary OSRDP plan (4 copies) drawn at a scale of 1"=40' showing the proposed subdivision of the land and meeting the requirements for a Site Development Plan as specified in Sections 3-1 and 3-2 as well as all applicable requirements of Section 4, "Design Standards," of the Subdivision Regulations of the Town of Branford. The Site Development Plan must also show the following:

Wetlands, as marked by a certified soil scientist and mapped by a licensed land surveyor.
Location of open space meeting the requirements of Section 34.7.9.
Proposed contours at 2-foot intervals.
Information on percolation rates and location of deep test pits for each lot if on-site septic systems are proposed.

Applicant must also submit approvals from the Branford Inland Wetlands Commission and the East Shore Regional District Health Department.

The Commission may require the submission of a traffic report (Sect. 31.4.7), drainage report (Sect. 31.4.8), reports from local, state or federal agencies (Sect. 31.4.10) and/or such additional information that it deems necessary in order to decide on the application.

34.3.4 Preliminary Plans and Reports for Option II: Applicant shall submit a set of plans and reports meeting the requirements of Section 31 - "Site Plans" subparagraphs 31.4.2 through 31.4.11. In addition, said plans shall show all land owned in common, dedicated open space areas, exclusive use areas, conservation easements and any other easements. Applicant must also submit approvals from the Branford Inland Wetlands Commission and East Shore District Health Department.

34.3.5 Such additional information that the Commission may deem necessary to make a reasonable decision on the application.

34.3.6 An application fee of $300.00.

34.4 Preliminary Action: Before taking preliminary action on the application, the Commission may request the applicant to submit such additional information that it deems necessary to make a reasonable decision on the application. The Commission shall hold a public hearing on the application, shall decide thereon and give notice of its decision as required by law. The applicant may consent in writing to any extension of time for a public hearing and action on the application. The Commission may give preliminary approval to the application if the Commission finds that one or more of the purposes specified in Paragraph 34.2 will be accomplished, that the standards and conditions of Paragraph 34.7 and all other applicable standards of the Subdivision and Zoning Regulations have been met, and that the proposed Open Space Residential Development Plan will not be detrimental to the health, safety and property values of the neighborhood. Preliminary approval shall not constitute final approval of the application and shall only constitute authorization to the applicant to submit a final Open Space Residential Development Plan as part of the application. Notwithstanding the preliminary approval process as set forth above, the applicant may submit simultaneously with the initial application, and the Commission may approve, a Final Open Space Residential Development Plan in accordance with the provisions and procedures set forth below.

34.5 Final Action: After preliminary approval, the applicant shall submit final development plans in conformance with and including all the information required by the preliminary approval, all information necessary to document compliance with conditions of preliminary approval, and final plans for Option I or Option II as applicable. Final development plans may be submitted in stages or sections, but any open space land and/or scenic easements proposed and given preliminary approval shall be established in the first stage or section submitted including suitable access to such land. Final development plans shall include the following:

34.5.1 Final Plans Specific to Option I: Applicant shall submit plans in conformance with the Branford Subdivision Regulations, Section 3-3 "Record Subdivision Map," 3-4 "Construction Plans," 3-5 "Grading Plans," and Branford Zoning Regulations, Section 44 "Grading, Excavation, Removal or Deposit of Earth Materials and Related Activities," and Section 46 "Soil Erosion and Sediment Control."

34.5.2 Final Plans Specific to Option II: Applicant shall submit detailed plans for landscaping, signs & lighting, utilities in conformance with Section 31.4.2.5 through 31.4.2.7, and erosion control plans in conformance with Section 46.

34.6 Approval: Within 65 days after receipt of the final development plans, the Commission shall approve, approve with conditions, or disapprove the application. The Commission may approve the application and final development plans granting the SPECIAL EXCEPTION, if the Commission finds that one or more of the purposes specified in Paragraph 34.2 will be accomplished, that the standards and conditions of Paragraph 34.7 have been met, and that the Open Space Residential Development Plan will not be detrimental to the health, safety and property values in the neighborhood. In granting the SPECIAL EXCEPTION, and, if applicable, the SUBDIVISION APPROVAL, the Commission may attach such conditions that it deems necessary to preserve the purpose and intent of these Regulations.

34.6.1 Endorsement: The approval of the SPECIAL EXCEPTION, and Subdivision if applicable, shall be noted on the Open Space Residential Development Plan to be recorded in the Office of the Branford Town Clerk. The maps shall be signed by the Chairman of the Commission with the Date of Approval indicated on the maps.

34.6.2 Final Residential Site Plan: No Application for a Certificate of Zoning Compliance for any single family dwellings not on individual lots shall be approved until an administrative approval of a Site Plan therefor in accordance with the provisions of Section 31 has been granted by the Commission.

34.6.3 Expiration: Approval of an Application under this Section shall constitute approval conditioned upon completion of the proposed development in accordance with plans as approved, within a period of two (2) years after final approval is given. Said approval shall become null and void in the event of failure to complete the proposed development within the two (2) year period. One extension of such period not to exceed one (1) year may be granted by the Commission after public hearing for good cause. The SPECIAL EXCEPTION may be approved subject to appropriate conditions and safeguards necessary to conserve the public health, safety, convenience, welfare and property values in the neighborhood.

34.7 Standards and Conditions: The application for a SPECIAL EXCEPTION and the Open Space Residential Development Plan shall conform to the following standards:

34.7.1 Area of Development: The acreage covered by the Open Space Residential Development Plan shall consist of not less than 15 acres, except that the acreage may be less than 15 acres if the open space land proposed consists of 5 acres or more, is adjunct to existing permanently designated open space land outside the area covered by the application, or is suitable for the open space purpose specified in Paragraph 34.2.l.e.

34.7.2 Location: The area covered by the proposed Open Space Residential Development Plan shall be located entirely within the Residence R-3, R-4, or R-5 District except that up to l5% of the total area may be located in contiguous R-l or R-2 Districts.

34.7.3 Number of Lots: The maximum number of lots to be allowed in the Open Space Residential Development Plan shall not exceed the number of lots shown on the conceptual conventional plan described in Section 34.3.2 of these Regulations. The conceptual conventional plan need not contain all information required for approval under the Subdivision Regulations but shall contain such information as is necessary to permit the Commission to determine that the conceptual conventional plan represents a feasible subdivision of the land in conformance with normal zoning standards. If the Commission determines that one or more of the lots are not feasible, they may approve a lesser number than shown on the submitted plan. The Commission shall be solely responsible for determining the maximum number of lots allowed. Determination of the maximum number of lots does not guarantee that the Commission will approve that many lots in the final Open Space Residential Development Plan.

34.7.4 Number of Units: The total number of single family dwelling units shown on the Open Space Residential Development Plan shall not exceed the number of lots allowed under Section 34.7.3 of these Regulations.

34.7.5 Lot Area and Shape: Lots in Residence R-3, R-4 and R-5 Districts, except land reserved for open space purposes, shall meet the following minimum standards in addition to other standards applicable in the district:

a. Residence R-3 Districts:

Minimum Lot Area 10,000 sq. ft per dwelling
Minimum Dimension of Square 80 feet
Minimum Lot Frontage 75 feet

b. Residence R-4 Districts:

Minimum Lot Area 12,000 sq. ft per dwelling
Minimum Dimension of Square 100 feet
Minimum Lot Frontage 90 feet

c. Residence R-5 Districts:

Minimum Lot Area 20,000 sq. ft per dwelling
Minimum Dimension of Square 125 feet
Minimum Lot Frontage 110 feet

34.7.6 Setbacks: In Residence R-4 Districts, buildings and other structures may extend to within 30 feet of any street line or rear property line and to within 15 feet of any side or other property line. In Residence R-5 Districts, buildings and other structures may extend to within 40 feet of any street line or rear property line and to within 15 feet of any side or other property line. No improvements of any kind other than landscaping shall be permitted in any required setback area except for access drives as approved by the Commission.

34.7.7 Water supplv and Sewage Disposal: Each building lot and all dwellings shall be served by public water supply; in the Residence R-3 and Residence R-4 Districts, each building lot and all dwellings shall also be served by the Town sanitary sewer system.

34.7.8 Open Space Land: The Open Space Development Plan shall result in the preservation of open space land with suitable access, shape, dimension, character, location and topography to accomplish one or more of the purposes specified in Paragraph 34.2

34.7.9 Area of Open Space Land: The area of the open space land shown on the Open Space Residential Development Plan shall not be less than the following, times the number of lots or dwellings shown on such plans:

a. Residence R-3 Districts: 5,000 sq. feet

b. Residence R-4 Districts: 8,000 sq. feet

c. Residence R-5 Districts: 20,000 sq. feet

34.7.10 Disposition: Any open space land shown on an Open Space Residential Development Plan shall be labeled in a manner approved by the Commission to assure that such land is subject to SPECIAL EXCEPTION approval and is not to be used for building lots. The method of preservation and disposition of the open space land shall accomplish the open space purposes and shall be subject to the approval of the Commission. The method used may include, but is not limited to, the following:

a. establishment of a neighborhood association to own and maintain the land for the open space purposes intended;

b. transfer of the land to an institution, person, organization or other entity to own and maintain the land for the open space purposes intended; or

c. offer and transfer of the land to the Town of Branford, Connecticut, subject to agreement by the Town to accept the land.

34.8 Permitted Uses: Any building lot on an approved Open Space Residential Development Plan shall be used only for single family dwellings and accessory structures and customary home occupations and professional office in a dwelling unit as specified under Lines A-S and A-6 of Schedule A of these Regulations.

34.9 Area. Location and Bulk Requirements: Except for the variations specified herein, any building lot shown on an approved Open Space Residential Development Plan shall be subject to all of the requirements of Section 2S and Schedule B ordinarily applicable to building lots in R-3, R-4 and R-5 Districts.

34.10 Open Space Land: Except for open space that is part of a lot containing more than one single family dwelling, the open space land shown on an approved Open Space Residential Development Plan shall be considered a lot with area, dimension and access as required by these Regulations, shall not be subdivided except under a revised SPECIAL EXCEPTION application and may be used for buildings and other structures for recreation and other purposes that are consistent with the approved open space purposes and permitted in the district, but only after the approval of a SPECIAL EXCEPTION in accordance with the provisions of Section 31.

Annotated as adopted and effective 12/15/83.

Published as amended April, 2002; effective May 1, 2002.