Effective 1/12/04
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, forest 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, sever 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: It is the Purpose of this Section 30.0 to respond to the foregoing findings by providing an opportunity for greater flexibility in arrangement of homes, for the preservation and protection of the Town of East Hampton’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 does not exceed the number otherwise permitted under these Regulations and the East Hampton Subdivision Regulations.
Sec. 30.3 - Definitions:
Conservation Subdivision: A subdivision approved in accordance with this Section 30.0.
A development pattern that arranges the layout of buildings 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 Restrictions: 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 preserves such areas predominantly in their natural scenic or open condition; but which do 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 ft., normally applicable to the zoning district in which the proposed Conservation Subdivision is located.
Open Space: Land within a Conservation Subdivision which is subject to a Development Restriction and permanently set aside for public or private use and will not be developed.
Total Area: The total area of the proposed Conservation Subdivision expressed in acres.
Unbuildable Area: The area, expressed in acres, within the proposed Conservation 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 25% or greater. For purposes of this subsection, easements and rights of way of an undefined width shall be deemed to be twenty-five (25) feet in width. Those areas of high water table and shallow depth to bedrock measured under natural conditions as defined under the State Health code and the Director of Health, shall not be included as buildable area.
Sec. 30.4 General Eligibility Requirements: Conservation Subdivision:
1. Shall only be permitted in the R2, R3 or R4 zones.
2. Shall consist of a parcel(s) of land containing twenty-five (25) or more of contiguous acres and result in a minimum of 5 lots.
3. Must, except as provided in this Section 30.0, otherwise comply with all applicable sections of these Regulations and the East Hampton Subdivision Regulations and provisions of Federal, state and local law.
4. Must provide beneficial utilization of suitable soil and topographic conditions and protection of soils and topographic conditions not suitable for development.
5. Shall be used only for 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 Conservation Subdivision shall require an amendment to the Special Permit granted under this Section 30.0 in accordance with the applicable sections of the Regulations.
6. Must be 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 Development..
7. Applicant must show how a Conservation Subdivision is beneficial to the community
8. Must provide for the dedication of open space in accordance under Section 30.7 of these regulations.
Sec. 30.5 - Application Procedure:
1. 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 it staff to discuss conceptual aspects of the proposed Conservation Subdivision compared to a proposed conventional subdivision. The applicant shall prepare and present preliminary plans for informal consideration by the Commission for both concepts. The pre-application 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.
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 30.0 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 a Conservation Subdivision for the Commission to review.
Neither the pre-application conference, the informal consideration of preliminary plans nor the Commission’s suggestion, shall be deemed to constitute any portion of the application for approval of a Conservation Subdivision.
2. Application: An application for the approval of a Conservation Subdivision shall:
a. Require approval by the Commission (A) as a Special Permit and (B) as a subdivision in accordance with all applicable sections of these Regulations and the East Hampton Subdivision Regulations.
b. Be submitted with a proper and complete Special Permit and Subdivision application form; a check made payable to the Town of East Hampton in the amount specified in the Fee Schedule and all required supporting information.
c. The applicant shall use a four step process to create a Conservation Subdivision. This process shall be demonstrated with a site plan and detailed narrative. The design process shall identify historical, cultural and natural resources, potential open space corridors, views, sensitive wildlife areas, and other areas that should not be adversely impacted by development..
Step One: Identifying Conservation Areas
Regulated Conservation Areas limited to regulatory jurisdiction such as wetland and floodplains: and Sensitive Areas including those unprotected elements of the natural landscape such as steep slopes, mature or productive forestland, potential contiguous open space or connective green belts, prime farmland, land that protects critical or threatened natural communities and species as identified by the Department of Environmental Protection, 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 Development, wildlife habitats, and cultural features such as historic and archeological sites and scenic views.
Step Two: Locating House Sites
Involves locating approximate house sites on suitable soils outside the Conservation Area with the approval of the Health Director. The First lot for a house site shall be measured at a distance of 100ft from the existing Town road for which the Subdivision is proposed.
Step Three: Aligning Streets and Driveways
Consists of tracing a logical alignment for local streets to the house sites. Streets and driveways shall follow 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.
Step Four: Drawing in Lot Lines
Draw in lot lines in accordance with the requirements of Section 30.6 of these regulations
d. Said application shall be accompanied by ten (10) copies of the proposed plan setting forth the information required by this Section 30.0 and the applicable sections of these Regulations as well as such additional information as the commission may require for a review of the proposed Conservation Subdivision under the applicable sections of these Regulations or in order to reach a determination of the impact of the Conservation 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; a traffic impact study prepared by a Connecticut registered 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; and
e. Said application shall be accompanied by 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: 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.
f. 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.
g. Compliance with Section 28, Site plan requirements of the zoning regulations.
h. Required to have a landscape architect as part of the site plan design.
i. Compliance with all Town Road Standards
j. Public hearings on Special Permit and Subdivision Application shall be held concurrently
Sec. 30.6 - Standards and Controls:
Minimum area, yard and coverage requirements |
Minimum front yard |
30ft |
Minimum side yard |
10ft |
Minimum rear yard |
25ft |
Maximum building coverage |
20% |
Maximum Building Height |
30ft |
Footnote: size, length and frontage to be excluded
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 containing no land defined as unbuildable under Section 30.3 of these regulations.
No buildable area shall contain 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
Maximum Allowable Lots:
The number of lots permitted shall be determined by computing the number of lots allowed in a conventional subdivision
Clearing Limits:
Shall be a maximum of 20,000 Sq Ft per lot
Parcel Road Frontage Requirements:
In the case of a Conservation Subdivision the property line for the first house shall be no closer than 100ft from the road on which the subdivision will gain entry and/or at least 100ft from a property line of a lot which fronts the local road access.
Roads and Sidewalks:
All roads shall comply with Town Road Standards. Where the Conservation Subdivision will be maintained by an association, short cul-de-sac’s serving no more than 5 lots, the road width may be reduced to 18ft.
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 provided extra 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/or including sidewalks
Cul-de-sacs:
Cul-de-sac length shall not apply to a Conservation Subdivision
Cul-de-sacs which are located off the main access road, but shall not be located off the end of a cul-de-sac, may be used to service up to 5 lots with a minimum road width of 18ft, where a private association will be responsible for maintenance.
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
Aesthetics
Buffers - Where a Conservation subdivision will be constructed with groupings of lots, a minimum 100ft buffer shall be required between groupings (adjacent lot lines). A grouping shall not exceed 5 lots.
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. Deciduous trees shall have a minimum of 3”caliper, evergreen trees shall be a minimum of six (6) ft.
Design - Road and lot design shall follow contours with minimal cuts and fills. An effort shall be made to protect natural and historical features, including but not limited to brooks, wetlands, stone walls scenic vistas, etc.
Erosion and Sedimentation Control - 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. (i.e. porous sub base, cement, asphalt) where soil types and conditions permit, and only where a private association is proposed).
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 Conservation Subdivision Plan which is presented for recording, except as otherwise designated in these regulations.
Sec. 30.7 - Open Space and Development Restriction:
Purpose: To preserve open space in the Town of East Hampton in order to maintain the rural character of the Town. Also to provide for and encourage a village type subdivision as an optional living environment.
(reference Sec. 30.1 & 30.2 of these regulations)
1. Required Open Space: In compensation for the reduction in the Normal Lot Size, the proposed Conservation subdivision shall require the dedication as Open Space of a minimum of 40% of the total parcel. The ratio of inland wetlands to the total parcel shall be calculated as per Section VI.6 of the Subdivision Regulations.
2. 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 Conservation Subdivision;
b. The Town of East Hampton
c. The State of Connecticut
d. A private not-for-profit conservation trust which assures the preservation and maintenance of the Open Space in perpetuity; or
e. Such other private or governmental entity which assures the preservation and maintenance of the Open space in perpetuity and is acceptable to the Commission.
The applicant shall designate in its 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 subsection (I), (II) or (III) above. The Commission may not require ownership by an entity described in subsection (IV) which shall be approved only when proposed by the applicant. Furthermore, 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 reports recommendations of any State or Town agencies, including but not limited to the Town Council, Inland Wetlands and Watercourses Commission, the Parks an Recreation Commission, the Conservation Commission, the Middlesex Regional Planning Agency and the Connecticut Department of Environmental Protection.
3. 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 Conservation Subdivision shall require an amendment to the Special Permit under this Section 30.0 and in accordance with the applicable sections of these Regulations.
4. 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.
5. 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.
6. 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 Conservation Subdivision and at such points as may be required by the Commission to insure identification in the field.
7. Recording: At the time the approved Conservation Subdivision Plan is filed, the applicant shall record on the East Hampton Land Records all legal documents required to ensure the aforesaid guarantees.
8. Right to Enforce and Inspect: A right to enforce and inspect the Development Restriction shall be conveyed to the Town of East Hampton, the State of Connecticut or a private, not- for-profit conservation trust or corporation dedicated to conservation for preservation purposes in cases where the Open Space is dedicated to the Town of East Hampton, the State of Connecticut or a private not-for-profit conservation trust or corporation. 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 attorney fees, in any action to enforce the Development Restriction, in which it is the prevailing party.
9. 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 30.8 - Protection of Surrounding Areas: In reviewing the proposed Conservation Subdivision, the Commission shall additionally utilize the following criteria;
The recommendations of the East Hampton Plan of Development, as amended, relative to open space and recreation.
The suitability of areas within the proposed Open Space Subdivision of 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.
The maintenance, insurance and other burdens placed on upon the residents of the Conservation Subdivision, and/or the Town of East Hampton.
The increase in the burden imposed by the proposed Conservation Subdivision on existing and proposed areas of open space.
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 shall be considered.
The level of access to the areas of Open Space afforded to members of the general public shall be considered.
Sec 30.9 - Development Requirements/ Evaluation Criteria
The application should preserve existing large trees, stone walls, and other man made features which provide character to the site and to the Town of east Hampton.
Traffic circulation within the site, traffic load or possible circulation problems on existing streets and pedestrian safety.
Accessibility, architecture, relationship between buildings, character of the neighborhood, impact to adjacent properties.
Minimization of soil and tree removal
Avoidance of environmentally sensitive areas
Sec. 30.10 - Considerations for Approval: Commission shall find that the Conservation Subdivision is appropriate to the neighborhood having consideration for the number and proximity of single family detached dwellings; for the visible impact on the streetscape and single family neighborhoods; for the number, character and proximity of proposed conservation land to the pattern of existing open space in the area; for the proximity of other zones either more or less restrictive; and other standards provided in these regulations.
Sec. 30.11 - Waivers for Special Circumstance
A waiver of the following may be allowed with a ¾ vote of all the members of the Commission;
If the acreage for the proposed development is less than 25 acres and the Commission as determined that the reduction will provide a benefit to the Town.
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