Hearing Set On Open Space Rules 

By Andrew Gorosko

At an upcoming public hearing, the Planning and Zoning Commission (P&Z) is slated to air its regulatory proposal for the “open space conservation subdivision” (OSCS), a mechanism intended to maximize the amount of undeveloped land that is protected in certain future residential subdivisions.

The public hearing is scheduled for 7:30 pm, Thursday, March 18, at the town land use office in Canaan House at Fairfield Hills. A copy of the rule proposal is available for public review at the land use office.

Through the regulatory initiative, comprised of 17 pages of proposed rules, the P&Z seeks to preserve up to 50 percent of certain future residential subdivisions as protected, undeveloped open space land. Currently, typically between ten percent and 15 percent of the land in residential subdivisions is set aside as open space.

The underlying reason for OSCS rule proposal is to limit suburban sprawl amid a time of continuing residential growth. The proposed rules seek to preserve the remaining local rural character.

The rules would give the P&Z a regulatory basis to evaluate, on a case-by-case basis, whether a project should be developed as an OSCS subdivision, or as a conventional subdivision.

The intent of the proposed rules is the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, aquifers, bodies of water, wetlands, scenic vistas, historic features and archaeological resources.

Under the proposal, the overall “development density,” or number of homes, allowed on a parcel under an OSCS plan would not exceed the number of homes that would be allowed there by a conventional subdivision design. In an OSCS subdivision, the single-family houses would be “clustered” on a site on relatively smaller building lots to maximize the amount of open space that is preserved on the parcel.

The P&Z does provide “development density bonuses” for elderly housing in its EH-10 regulations, and for affordable housing in its AHD rules. Those density bonuses allow such sites to hold more dwellings than would otherwise be allowed as a financial incentive for developers to build elderly housing and affordable housing.

 

OSCS Rules

Under the proposed OSCS rules, the applicant for any subdivision involving 20 acres or more of land or eight or more building lots, which is located in a R-1, R-2, or R-3 zone, would submit an OSCS application to the commission for its review.

Also, smaller parcels, or parcels involving less than eight building lots, may be eligible to apply for OSCS status if the open space land to be preserved is adjacent to existing preserved open space, or if one or more significant or unique natural features would be preserved on the site.

To facilitate open space preservation under the OSCS rules, the commission would urge applicants to have a “pre-application review” with the commission.

In the proposed rules, the P&Z specifies a variety of technical standards required for OSCS applications.

The P&Z sets the preservation of 50 percent of a site as a guideline in gauging OSCS applications. Under the proposal, a minimum of 15 percent of the site would be set aside as open space.

The proposed rules address practical issues such as stormwater drainage control, water supplies, and wastewater disposal.

Wastewater disposal is a central issue in the design of such developments. The proposed regulations address the use of sanitary sewer systems, individual septic systems, and the large-scale septic systems or community septic systems that would be used by multiple dwellings. If a subdivision were to use a large-scale septic system, an association of property owners would be created to operate and maintain that system.

Under the proposed rules, the P&Z could hire technical experts to review development plans with the cost for such experts assumed by the developer.

During the past 20 years, approximately 14,000 acres of vacant land, representing 36 percent of the town’s total land area, were developed as residential subdivisions. The community character of areas developed changed from “rural” to “suburban,” and the natural landscape and ecosystems of those areas significantly changed due to the grading of 2,700 house lots and the construction of miles of subdivision roads and stormwater drainage facilities.

The OSCS approach would allow large amounts of open space to be preserved at no cost to the town. The amount of land preserved would represent far more acreage than the town likely would have the financial means to acquire.