Avon City Zoning Code
ARTICLE 6
Special Development Types and Additional Standards
§ 6.1 Avon Center Design District.
[9-9-2025, eff. 10-23-2025]
A.
Purpose. The Avon Center Design District (ACDD) is a special development type permitted within the Avon Village Center Zone. The purpose of the ACDD is to permit mixed-use development that is aligned with a larger Mixed-Use Development Plan (MUDP) described in Section 3.4A4.
B.
Procedures. The application procedure for an individual ACDD application shall be the same as for other Special Permit and Site Plan applications as described in Section 7 (Administration, Procedures, and Enforcement) of these Regulations and this section, herein, and in conformance with the requirements of G.S. § 8-3, as amended. The ACDD application shall include sufficient information for the Commission to assess the proposed development's ability to meet the development standards contained in Section 3.4A5 through Section 3.4A8.
C.
Application Requirements. All individual ACDD applications shall be subject to the requirements and criteria set forth in Section 7.1B (Site Plan Approval) of these Regulations and the following additional requirements:
1.
Include a copy of the MUDP and accompanying text describing how the subject ACDD Special Permit and Site Plan applications provide the level of integration with other portions of the Avon Village Center Zone as envisioned in the MUDP;
2.
Include a phasing schedule for construction of each component part of the project which ensures integration of residential, nonresidential and recreational uses;
3.
Include a demolition and construction schedule, including a construction traffic management plan;
4.
Provide a detailed site development plan (prepared by a licensed landscape architect in collaboration with other pertinent design/engineering professionals) showing the location and size of footprints for all proposed buildings; architectural style; a site grading plan with finished floor elevations; a parking plan; a landscaping plan; a roadway and traffic circulation plan; an earth removal and filling plan; a sidewalk plan illustrating walkways and accessways; an open space plan; and a description and map identifying any environmental constraints within the ACDD;
5.
Provide a detailed narrative description outlining the proposed ACDD development plan and the manner in which it functions effectively within the previously approved MUDP;
6.
If the subdivision of an ACDD into individual parcels is required for development purposes, the design guideline standards contained in Section 3.4A6. will govern in place of the design guideline standards contained in the Subdivision Regulations[1] of the Town of Avon.
[1]
Editor's Note: See Appendix C, Subdivision Regulations, of this Code.
D.
Permitted Uses. The following uses are permitted within an Avon Center Design District:
1.
Retail Stores;
2.
Business and Professional Offices;
3.
Medical Offices;
4.
Personal Services;
5.
Trade, Business or Instruction Services;
6.
Hotels and Motels;
7.
Financial Institutions (with or without a drive-through);
8.
Municipal Buildings and Uses;
9.
Parks, Recreation, Open Spaces, and Community Centers;
10.
Public and Private Educational Buildings and Uses;
11.
Arts Gallery, Museum, and Performing Arts Center;
12.
Multifamily Dwellings;
13.
Age-Restricted Dwelling Units;
14.
Class 1, 2, and 3 Restaurants;
15.
Other uses that the Commission, in its sole discretion, may deem to be similar in nature and scale to those identified in this section.
E.
Dimensional Requirements. Each ACDD shall be a minimum of five acres. However, the Commission may allow a smaller area if the applicant can demonstrate and the Commission determines, that there are unique characteristics of the subject area (such as physical characteristics of the land, unique relationship to the balance of the MUDP, or other special circumstances) that warrant a modification of the minimum lot size requirements and that such modification would produce a better overall development design. In addition to the minimum lot size requirement, each ACDD shall be designed so that the larger MUDP remains in compliance with the dimensional standards established in Section 3.4A7.
F.
Site Development Requirements. Overall site development requirements are regulated by that of the larger MUDP. Each ACDD shall adhere to the site development requirements discussed in Sections 3.4A8.
§ 6.2 Cluster Development.
[9-9-2025, eff. 10-23-2025]
A.
Purpose. It is the purpose of this section to permit variations in residential developments which would not otherwise be possible; permit flexible site design so that development may be constructed in harmony with and preserve natural site features; and permit residential developments which are sensitive to parcel configuration, topography, natural features, and the surrounding neighborhood.
B.
Procedures.
1.
Cluster Developments may only be permitted by the Commission in Residential Zones, except the R-15 Zone, as a Special Permit. The Commission shall determine that all specific conditions of Section 7.1C are met.
3.
Before any building permits are issued for buildings in a given phase, a bond in a form and amount satisfactory to the Commission shall be submitted by the developer to guarantee the construction of the site improvements and to cover erosion and sediment control. In addition, a separate bond shall be posted at the same time to guarantee the provision to the Town of as-built drawings of the improvements on the site.
C.
Permitted Uses. Within a Cluster Development(s), the following uses may be permitted:
D.
Dimensional Standards.
Cluster Developments | Minimums | Maximums | ||
|---|---|---|---|---|
Lot Area | Lot Coverage | Building Height | Density | |
10 acres | 15% | 35 ft. of 2 1/2 stories | Gross density shall not exceed that of the underlying zone | |
E.
Site Development Requirements.
1.
Roads. Main roads within the development shall be public, but cul-de-sacs may be private. All roads shall be built to the structural specifications of the Subdivision Regulations of the Town of Avon, except that the Commission may modify the width of pavement, curbs, and drainage requirements for private cul-de-sacs upon recommendation of the Town Engineer.
2.
Water. A public water supply is required. The Commission may waive this requirement in unusual situations upon recommendation of the Director of Health.
3.
Sewer. Public sewers are required. The Commission may waive this requirement in unusual situations upon recommendation of the Town Engineer and Director of Health.
4.
Other Utilities. All other utilities shall be underground.
5.
Landscaping. A landscape buffer conforming to the requirements for a B Bufferyard, as specified in Section 5.9F shall be provided around the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Commission. However, where variations in topography or natural features, existing vegetation or compatible land uses obviate the need for such buffer, the Commission may modify or waive this requirement. The Commission may also require suitable landscaping within a Cluster Development to assure privacy of individual residential units.
6.
Open Space. Consolidated open space shall be provided within a Cluster Development as much as possible. Areas not committed to residential use and containing significant natural features shall be preserved through the use of conservation easements or through dedication to either the Town of Avon, if requested, or suitable conservation organizations.
7.
Building Locations. All buildings erected in a Cluster Development shall observe the following location requirements:
a.
All buildings adjacent to public streets shall observe the front yard setback requirements established in Section 3.2A3. of these Regulations.
b.
All buildings shall be set back at least 10 feet from any property line within a Cluster Development.
c.
Principal buildings shall also be separated at least:
(1)
30 feet or the height of the building, whichever is greater, from another principal building, or an accessory building on a separate lot;
(2)
Ten feet or the height of accessory building, whichever is greater, from an accessory building on the same lot; and 30 feet from the edge of pavement of any private street.
 |
d.
Accessory buildings shall be located at least 20 feet from the edge of pavement of any private street, or other accessory building.
e.
Garages exiting directly onto cul-de-sacs shall have driveways at least 20 feet in length.
f.
Porches and decks shall observe the above separation requirements.
g.
The Commission may modify the requirements of this section provided that in the Commission's sole discretion, the public health, safety, and welfare are safeguarded.
8.
Living Area. All residential dwelling buildings shall be designed and constructed in accordance with the appropriate Building and Fire Codes.
9.
Maintenance. In Cluster Developments, the applicant shall present sufficient information to the Commission to demonstrate that adequate provisions have been made for the sustained maintenance of the development in general and also for the sustained maintenance of the roads and open space.
§ 6.3 Multiple Dwelling Development.
[9-9-2025, eff. 10-23-2025]
A.
Purpose. It is the purpose of this section to permit variations in height, bulk, density, and residential use types which would not otherwise be possible; and permit flexible site design so that the development may be constructed in harmony with and preserve natural site features.
B.
Procedure. Multiple Dwelling Developments may only be permitted by the Commission as a Special Permit in the Residential and Commercial Park B Districts. The Commission shall determine that all the specific conditions of Section 7.1C are met.
Before any building permits are issued for buildings in a given phase, a bond in a form and amount satisfactory to the Commission shall be posted by the developer to guarantee the construction of the site improvements and to cover erosion and sedimentation control. In addition, a separate bond shall be posted at the same time to guarantee the provision to the Town of as-built drawings of all improvements on the site.
C.
Permitted Uses. Within Multiple Dwelling Developments the following uses may be permitted:
1.
Single-family dwellings;
2.
Multifamily dwellings;
3.
Playgrounds, recreation areas, parks, open spaces, and natural areas;
4.
Accessory uses and structures; such as private garages, swimming pools, clubhouses, recreation facilities, and other structures and facilities, which are customarily incidental and subordinate to the principal uses.
D.
Dimensional Standards.
Multiple Dwelling Developments | Minimums | Maximums | ||||
|---|---|---|---|---|---|---|
Yards | Lot Coverage | Building Height | Density2 | |||
Lot Area | Front | Side/Rear | ||||
5 acres | 60 ft | 30 ft1 | 15% | 3 stories | 4 units/acre | |
Notes: | ||||||
|---|---|---|---|---|---|---|
1 | Except that yards abutting a land use other than multiple dwellings shall be 60 feet. | |||||
2 | The density of a MDD may be further modified with the provisions outlined in Section 6.6 (Transfer of Development Rights). Density within the CPB shall be calculated on the basis of that contiguous land designated exclusively for multifamily housing. | |||||
E.
Site Development Requirements.
2.
Water. A public water supply is required. The Commission may waive this requirement in unusual situations upon recommendation of the Director of Health.
3.
Sewer. Public sewers are required. The Commission may waive this requirement in unusual situations upon recommendation of the Town Engineer and Director of Health.
4.
Other Utilities. All other utilities shall be located underground.
5.
Landscaping. A landscape buffer conforming to the requirements for a B Buffer yard as specified in Section 5.9.F, shall be provided around the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Commission. However, where variations in topography, natural features, existing vegetation, or compatible land uses obviate the need for such a buffer, the Commission may modify or waive this requirement. The Commission may also require suitable landscaping within a multiple dwelling development to assure privacy of individual residential units.
6.
Parking. Parking facilities shall be provided in accordance with Section 5.11 of these Regulations. Spaces shall be provided with convenient access to the front entrances of the buildings.
7.
Open Space. Consolidated open space, totaling at least 15% of the site, shall be provided within the development. Open space shall be located so as to preserve significant natural site features and maximize the utility of the open space to the residents.
8.
Building Locations. All buildings erected in a Multiple Dwelling Development shall observe the following location requirements:
a.
Garages exiting directly onto cul-de-sacs shall have driveways at least 20 feet in length. Garages shall not exit directly onto main roads.
b.
Porches and decks shall observe the above separation requirements.
c.
The Commission may modify the requirements of this section provided that, in the Commission's sole discretion, the public health, safety, and welfare are safeguarded.
Separation Requirements | From Another Principal Building | From the Edge of Pavement | |||
|---|---|---|---|---|---|
Where Either Wall has Openings | Where Neither Wall has Openings | From an Accessory Building | Main Road | Cul-de-Sac or Parking Area | |
Principal Buildings | 30 ft. or height of building * | 15 ft. or 1/2 the height of building * | 10 ft. or height of accessory building * | 25 ft | 25 ft |
Accessory Buildings | — | — | 10 ft | 25 ft | 10 ft |
Note: | |||||
|---|---|---|---|---|---|
* | Whichever is greater. | ||||
 |
9.
Living Area. Each unit in a Multiple Dwelling Unit building of any type shall contain at least 600 square feet of living area for a one-bedroom unit, plus, at least an additional 200 square feet of living area in the unit as a whole for each additional bedroom.
10.
Maintenance. In Multiple Dwelling Developments, the applicant shall present sufficient information to the Commission to demonstrate that adequate provisions have been made for the sustained maintenance of the development in general and also for the sustained maintenance of the roads and open space.
§ 6.4 Planned Residential Development.
[9-9-2025, eff. 10-23-2025]
A.
Purpose. It is the purpose of this section to permit variations in height, bulk, density, and residential use types which would not otherwise be possible; permit flexible site design so that development may be constructed in harmony with and preserve natural site features; and assist and provide for the orderly development and management of moderately priced housing for low- and moderate-income families.
B.
Procedure. Planned Residential Developments may only be permitted by the Commission as a Special Permit in certain zones where indicated. The Commission shall determine that all the specific conditions of Section 7.1C are met. Before any building permits are issued for buildings in a given phase, a bond in a form and amount satisfactory to the Commission shall be posted by the developer to guarantee the construction of the site improvements and to cover erosion and sedimentation control. In addition, a separate bond shall be posted at the same time to guarantee the provision to the Town of as-built drawings of all improvements on the site.
C.
Permitted Uses. Within Planned Residential Developments the following uses may be permitted:
1.
Single-family dwellings;
2.
Two-family dwellings (provided that two-family dwellings do not account for more than 10% of total units);
3.
Playgrounds, recreation areas, parks, open space, and natural areas;
4.
Accessory uses and structures, such as private garages, swimming pools, clubhouses, recreation facilities and other structures and facilities that are customarily incidental and subordinate to the principal uses.
D.
Dimensional Standards.
Development Type | Minimums | Maximums | ||||
|---|---|---|---|---|---|---|
Lot Area | Yards | Lot Coverage | Height | Density | ||
Front | Side/Rear | |||||
Without Moderately Priced Housing Component | 30 acres | 60 ft | 30 ft1 | 15% | 2 1/2 stories | 3 units/acre |
With Moderately Priced Housing Component | 15 acres | 60 ft2 | 30 ft1,2 | 15% | 2 1/2 stories | 3.75 units/acre |
Notes: | ||||||
|---|---|---|---|---|---|---|
1 | Yards abutting a land use other than Planned Residential Development shall be 60 feet. | |||||
2 | Where variations in topography or natural features, existing vegetation, or compatible present or future land uses obviate the need for such a buffer, the Commission may modify or waive this requirement. | |||||
E.
Requirements for Moderately Priced Home Components.
1.
Occupancy of Moderately Priced Homes. A moderately priced home shall be occupied by the initial purchaser until subsequent sale. Each purchaser of a moderately priced home and his/her attorney shall sign an acknowledgment in a form provided by the Town Planner stating that such attorney has explained this requirement to the prospective purchaser and that such purchaser acknowledges and intends to occupy said home for as long as he/she owns the home.
2.
Initial Sale Price. To ensure that homes shall be purchased by families with moderate incomes, the applicant shall sell a minimum of 25% of all homes within the development in accordance with the following formula rounded to the nearest house:
a.
1/3 sale price not to exceed 2.75 times median family income as reported by the most recently available HUD figures for a family of four in Hartford County.
b.
1/3 sale price not to exceed 3.0 times median family income as reported by the most recently available HUD figures for a family of four in Hartford County.
c.
1/3 sale price not to exceed 3.25 times median family income as reported by the most recently available HUD figures for a family of four in Hartford County.
3.
Unit Sales. To ensure that, at the completion of the Planned Residential Development, at least 25% of all units are moderately priced housing units, the applicant shall obtain at least one Certificate of Occupancy for a moderately priced housing unit for every three Certificates of Occupancy for market rate units. In addition, the applicant shall provide an interim report to the Commission upon the sale of 50% of all units demonstrating compliance with this requirement. A final report shall be provided prior to the issuance of a final Certificate of Occupancy for the last unit.
4.
Adherence to Regulations. The Commission reserves the right, in its sole discretion, to take such actions or institute such proceedings as it deems necessary and appropriate to ensure adherence to these Regulations.
F.
Site Development Requirements.
1.
Roads. Roads shall conform to applicable design requirements of the Subdivision Regulations[1] of the, except that the Commission may modify width of pavement, width of right-of-way, and curbs after considering the recommendation of the Town Engineer.
[1]
Editor's Note: See Appendix C, Subdivision Regulations, of this Code.
2.
Water. A public water supply is required. The Commission may waive this requirement in unusual situations upon recommendation of the Director of Health.
3.
Sewer. Public sewers are required. The Commission may waive this requirement in unusual situations upon recommendation of the Town Engineer and Director of Health.
4.
Other Utilities. All other utilities shall be underground.
5.
Parking. Parking facilities shall be provided in accordance with Section 5.11 of these Regulations. Spaces shall be provided with convenient access to the front entrances of the buildings.
6.
Landscaping. A landscape buffer conforming to the requirements for a "B Buffer yard," as specified in Section 5.9.F, shall be provided around the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Commission. However, where variations in topography or natural features, existing vegetation or compatible land uses obviate the need for such a buffer, the Commission may modify or waive this requirement. The Commission may require suitable landscaping within a Planned Residential Development to assure privacy of individual residential units.
7.
Open Space. Consolidated open space, totaling at least 15% of the site, shall be provided within the development. Open space shall be located so as to preserve significant natural site features and maximize the utility of the open space to the residents.
8.
Building Locations. All buildings erected in a Planned Residential Development shall observe the separation requirements noted in the table below. The Commission may modify the requirements of this section provided that, in the Commission's sole discretion, public health, safety, and welfare are safeguarded.
a.
Garages exiting directly onto cul-de-sacs shall have driveways at least 20 feet in length. Garages shall not exit directly onto main roads.
b.
Porches and decks shall observe the below separation requirements.
c.
Principal and Accessory Buildings.
Development Type | Minimums | Maximums | ||||
|---|---|---|---|---|---|---|
Lot Area | Yards | Lot Coverage | Height | Density | ||
Front | Side/Rear | |||||
Without Moderately Priced Housing Component | 30 acres | 60 ft | 30 ft1 | 15% | 2 1/2 stories | 3 units/acre |
With Moderately Priced Housing Component | 15 acres | 60 ft2 | 30 ft1,2 | 15% | 2 1/2 stories | 3.75 units/acre |
Notes: | ||||||
|---|---|---|---|---|---|---|
1 | Yards abutting a land use other than Planned Residential Development shall be 60 feet. | |||||
2 | Where variations in topography or natural features, existing vegetation, or compatible present or future land uses obviate the need for such a buffer, the Commission may modify or waive this requirement. | |||||
9.
Living Area. Living area requirements shall be the same as for single-family dwellings (specified in Section 3.2A5.) except that in any Planned Residential Development containing a moderately priced home component, dwellings more than one story in height shall contain at least 700 square feet of living area on the ground floor.
10.
Maintenance. In Planned Residential Developments, the applicant shall present sufficient information to the Commission to demonstrate that adequate provisions have been made for the sustained maintenance of the development in general and also upon the recommendation of the Town Engineer and Director of Health.
§ 6.5 Planned Elderly Residential Development.
[9-9-2025, eff. 10-23-2025]
A.
Purpose. It is the purpose of this section to permit variations in height, bulk, density, and residential use types which would not otherwise be possible in order to meet the special needs of the elderly and handicapped; and permit flexible site design so that development may be constructed in harmony with and preserve natural site features.
B.
Procedures. Planned Elderly Residential Developments may only be permitted by the Commission as a Special Permit in certain zones where indicated. The Commission shall determine that all the specific conditions of Section 7.1C are met.
In Planned Elderly Residential Developments, the applicant shall present sufficient information to the Commission to demonstrate that adequate restrictions have been placed on the property to limit occupancy to elderly and handicapped persons.
Before any building permits are issued for buildings in a given phase, a bond in a form and amount satisfactory to the Commission shall be posted by the developer to guarantee the construction of the site improvements and to cover erosion and sedimentation control.
In addition, a separate bond shall be posted at the same time to guarantee the provision to the Town of as-built drawings of all improvements on the site.
C.
Permitted Uses. Within Planned Elderly Residential Developments the following uses may be permitted:
1.
Single-family dwellings;
2.
Multiple dwelling units;
3.
Parks, open space, and natural areas;
4.
Accessory uses and structures, such as private garages, swimming pools, clubhouses, recreation facilities and other structures and facilities that are customarily incidental and subordinate to the principal residential use.
D.
Dimensional Standards.
District | Minimums | Maximums | ||||
|---|---|---|---|---|---|---|
Lot Area | Yards | Lot Coverage | Height | Density | ||
Front | Side/Rear | |||||
Planned Elderly Residential Development | 5 acres | 60 ft | 40 ft1 | 15%2 | 2 stories | 8 units/acre |
Notes: | ||||||
|---|---|---|---|---|---|---|
1 | Yards abutting single-family residential development shall be 80 feet. | |||||
2 | Except as may be otherwise allowed in Section 6.5F. | |||||
E.
Site Development Requirements.
2.
Water. A public water supply is required. The Commission may waive this requirement in unusual situations upon recommendation of the Director of Health.
3.
Sewer. Public sewers are required. The Commission may waive this requirement in unusual situations upon recommendation of the Town Engineer and Director of Health.
4.
Other Utilities. All other utilities shall be located underground.
5.
Parking. Parking spaces shall be provided at the rate of one space per bedroom. Guest parking shall be provided at the rate of 0.25 spaces per bedroom. In accordance with Section 5.11E, the Commission is authorized to defer the immediate installation of not more than 25% of the parking spaces if the applicant demonstrates that this will satisfy the parking needs for the development.
6.
Landscaping. At least 50% of the parcel shall be devoted to natural and landscaped areas. A landscape buffer conforming to the requirements for a B Buffer yard as specified in Section 5.9F, shall be provided around the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Commission. However, where variations in topography or natural features, existing vegetation or compatible land uses obviate the need for such a buffer, the Commission may modify or waive this requirement. The Commission may also require suitable landscaping within a Planned Elderly Residential Development to assure privacy of individual residential units.
7.
Building Locations. All buildings erected in a Planned Elderly Residential Development shall observe the following separation requirements noted in the table below. The Commission may modify the requirements of this section provided that, in the Commission's sole discretion, public health, safety, and welfare are safeguarded.
a.
Garages exiting directly onto cul-de-sacs shall have driveways at least 20 feet in length. Garages shall not exit directly onto main roads.
b.
Porches and decks shall observe the below separation requirements.
c.
Principal and Accessory Buildings.
District | Minimums | Maximums | ||||
|---|---|---|---|---|---|---|
Lot Area | Yards | Lot Coverage | Height | Density | ||
Front | Side/Rear | |||||
Planned Elderly Residential Development | 5 acres | 60 ft | 40 ft1 | 15%2 | 2 stories | 8 units/acre |
Notes: | ||||||
|---|---|---|---|---|---|---|
1 | Yards abutting single-family residential development shall be 80 feet. | |||||
2 | Except as may be otherwise allowed in Section 6.5F. | |||||
8.
Living Area. Each unit in a Planned Elderly Residential Development shall contain at least 550 square feet of living area for a one-bedroom unit and at least 700 square feet of living area for a two-bedroom unit. No unit shall have more than 900 square feet. No individual dwelling unit shall have more than two bedrooms. Dwelling units with two bedrooms shall not exceed 50% of the total number of dwelling units, unless modified by the Commission.
9.
Maintenance. In Planned Elderly Residential Developments, the applicant shall present sufficient information to the Commission to demonstrate that adequate provisions have been made for the sustained maintenance of the development in general and also for the sustained maintenance of the roads and open space.
10.
Fire Protection. An applicant shall be required to provide an automatic fire suppression system in all projects where more than one dwelling unit is contained within the same building.
F.
Additional Standards. Where a proposed project has a density of no more than four dwelling units per acre and meets the provisions of the U.S. Fair Housing Act,[2] as amended, as it pertains to "Housing for Older Persons," the Commission may waive the requirements related to unit size and number of allowable bedrooms and increase maximum lot coverage where a proposal meets the following additional criteria:
1.
Each dwelling unit shall be occupied by:
a.
Persons who are 55 years of age or older.
b.
A spouse of an occupant pursuant to subsection Fla (above).
c.
Occupant pursuant to subsection Flb (above) who survives his or her spouse.
d.
Occupant pursuant to subsection F/b (above) whose spouse has entered into a long-term continuing care facility.
e.
Children 21 years of age or older may reside with their parent(s).
f.
Paid caregiver.
2.
In no event may a dwelling unit be occupied by more than four residents.
3.
The proposed development shall be a Common Interest Ownership Community as defined in Chapter 828 of the Connecticut General Statutes.
4.
The Commission may increase the maximum allowable lot coverage up to 20% in the IP Zone where the Commission finds that the proposed plan is superior to a plan possible under the standards of the IP Zone with respect to the following additional criteria:
a.
Landscaping which exceeds the minimum requirements.
b.
Lower projected traffic volumes as compared with what would occur with other uses allowed as of right in the IP Zone.
c.
Low intensity of site lighting.
d.
Noise levels substantially less than standards required by these Regulations and State Statutes.
e.
At least 75% of the cumulative living area of all units shall be on the first floor.
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
§ 6.6 Transfer of Development Rights.
[9-9-2025, eff. 10-23-2025]
A.
Purpose. The purpose of this section is to establish a regulation to enable the transfer of development rights in areas identified by the Commission as having a high priority for preservation (sending areas) to areas identified by the Commission as being appropriate for multifamily development (receiving areas). These areas are identified on the official Zoning Map and shall constitute overlay zones. The goal of this regulation is to preserve valuable natural resources and open spaces while directing development to the appropriate locations.
Landowners in the receiving overlay zone may purchase development rights from landowners in the sending overlay zone. These development rights may then be transferred to the receiving area such that housing density may be increased. An applicant must accurately define the sending area by preparing a survey drawing meeting the requirements of a Class A-2 survey In lieu of the actual ownership of land in either the receiving zone or the sending zone, an applicant may demonstrate to the Commission that he or she has an option to purchase such land or rights. In all instances, the owners of all properties in both the sending and receiving areas shall be required to sign all applications submitted to the Commission. The Transfer of Development Rights may only be used to increase the number of units permitted as a multiple dwelling unit development.
B.
Procedure. Transfer of Development Rights (TDR) shall require approval by the Commission of a Special Permit, in which the applicant has successfully demonstrated compliance with Section 7.1C of these Regulations and subsection E. An application for Site Plan approval shall be submitted simultaneously with a request for Special Permit to transfer density.
Prior to the recording of the Special Permit in accordance with § 8-26e of the Connecticut General Statutes, the applicant must record in the office of the Town Clerk, notice of restriction indicating that no development of the sending property is possible. Restrictions shall be established which prevent the future development of the property except that land in the sending area may be sold and utilized for agricultural purposes or open space. In addition, the owner may elect to retain rights to cut timber on the property consistent with a Forest Management Plan prepared by a Connecticut Certified Forester. This recorded notice shall be accompanied by the Survey Map described in Subsection A herein, which accurately defines the area which is subject to the restriction. Such documents shall be reviewed and approved by the Town Attorney. Once recorded, these restrictions may not be modified.
C.
Permitted Density. The Transfer of Development Rights may be used to increase density, up to a maximum of eight units per acre within the receiving area, after application of the developable land calculation. For purposes of this section, development rights are needed to increase density beyond four units per acre. The maximum number of units which may be transferred from the sending area to the receiving area shall be limited such that the maximum density on the parcel to be developed (receiving area) does not exceed eight units per acre after application of the Developable Land Calculation.
The following formula shall be applied in determining how density may be transferred:
[A + B] x 4 = C
Where A is equal to the total number of acres in the receiving area after application of the Developable Land Calculation; where B is equal to the total number of acres in the sending area after application of the Developable Land Calculation; and where C is equal to the maximum number of units which may be constructed in the receiving area. A sample calculation is available for review from the Planning and Zoning Office.
D.
Dimensional Standards. Development within the receiving area is required to meet the dimensional standards described below, and any additional dimensional standards within the receiving site's underlying zoning district.
Receiving Area | Minimums | Maximums | |||||
|---|---|---|---|---|---|---|---|
Lot Area | Yards | Lot Coverage | Building Footprint (Each) | Building Height | Density | ||
Front1 | Side/Rear | ||||||
5 acres | 50 ft | 30 ft2 | 20% | 6,000 sq. ft. | 35 ft | 8 units/acres | |
Notes: | |||||||
|---|---|---|---|---|---|---|---|
1 | The Commission may increase or decrease the required front yard setback based on a review of how the proposed project relates to other existing structures which are proximate to the subject application. | ||||||
2 | Except yards that abut a land use other than a TDR or multiple dwelling development shall be 60 feet. | ||||||
E.
Design Standards.
1.
Building architecture, scale, mass, and design shall relate to the context of the site's surroundings. Design goals described in the Plan of Conservation and Development shall be met.
2.
The project shall include a significant program of landscaping which enhances the aesthetics of the project, provides an appropriate buffer to less dense adjoining residences if applicable, and contributes to the project in a way that provides the appearance of less density than that which is actually proposed. These goals may be met by design, the quantity and size of landscape plants, and other features such as the introduction of public spaces, gardens, and ornamental structures.
F.
Site Development Requirements.
2.
Water. A public water supply is required. The Commission may waive this requirement in unusual situations upon recommendation of the Director of Health.
3.
Sewer. Public sewers are required. The Commission may waive this requirement in unusual situations upon recommendation of the Town Engineer and Director of Health.
4.
Other Utilities. All other utilities shall be located underground.
5.
Landscaping. A landscape buffer conforming to the requirements for a B Bufferyard, as specified in Section 5.9.F, shall be provided around the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Commission. However, where variations in topography, natural features, existing vegetation, or compatible land uses obviate the need for such a buffer, the Commission may modify or waive this requirement.
6.
Parking. Parking facilities shall be provided in accordance with Section 5.11 of these Regulations. Spaces shall be provided with convenient access to the front entrances of the buildings.
7.
Building Locations. All buildings erected using the TDR provisions shall observe the building separation requirements noted in Section 6.3E8.
8.
Living Area. All residential dwelling buildings shall be designed and constructed in accordance with the appropriate Building and Fire Codes.
9.
Maintenance. The applicant shall present sufficient information to the Commission to demonstrate that adequate provisions have been made for the sustained maintenance of the development in general and also for the sustained maintenance of the roads and open space.