Killingworth, CT Zoning Ordinance

[Added 12-16-2008]

§ 500-208 Purpose.

The purpose of this article is to provide housing for persons over age 55 that is consistent with the overall intent of these regulations and the Town Plan of Conservation and Development, namely to preserve the rural, low-density character of the Town of Killingworth and to protect subsurface groundwater supplies. This article permits variations to conventional subdivisions in density and residential use facilities, in order to promote the development of housing for older persons and to provide incentives for the preservation of open space land.

§ 500-209 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BEDROOM

Any room designed, intended, furnished, or occupied for sleeping quarters, and any room other than a living room, dining room, den/library/office, kitchen, bathroom, or small utility or storage room of less than 50 square feet will be considered a bedroom.

COMMUNITY CENTER

A building owned in fee by an association of lot owners providing facilities including but not limited to a meeting room, library, indoor recreational facilities, kitchen, and sanitary facilities.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more older persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

§ 500-210 Qualifying standards.

No parcel of land shall be considered for classification as a retirement housing subdivision unless it complies with the following standards:

Location. The land is located in a Rural Residential District.

Minimum parcel size and contiguous soils. The parcel of land shall contain a minimum area of 40 contiguous acres, of which at least 25 acres shall belong to Soil Class A, B, or C.

Frontage. The parcel shall have not less than 50 feet of contiguous frontage on a public street. The road serving the subdivision shall connect with a public street through the required frontage.

§ 500-211 Application requirements.

An application for a neighborhood retirement housing subdivision shall meet the application requirements of Article IV of the Subdivision Regulations.[1]

[1]

Editor's Note: See Ch. 485, Subdivision Regulations.

§ 500-212 Modification of Subdivision Regulations.

In order to promote housing for older residents and to preserve open space, the Subdivision Regulations may be modified according to the following provisions:

Minimum buildable lot area. The required minimum buildable lot area must equal or exceed one acre as determined using the percentage applied to resource characteristics described in § 500-44 and Appendix B of the Zoning Regulations.[1] The area of rear lots must equal or exceed two acres, as described in § 500-44 and Appendix B of the Zoning Regulations. The required minimum buildable lot area must equal or exceed two acres for a building containing two dwelling units. The minimum buildable area of a lot containing an historic house must equal or exceed two acres as described in § 500-44 and Appendix B of the Zoning Regulations.

[1]

Editor's Note: Appendix B is included at the end of this chapter.

Lot frontage. Lots shall have contiguous frontage of at least 150 feet on a public street, subdivision street, or private road or 25 feet for lots as provided under § 485-49B(4) of the Subdivision Regulations.

Lot rectangle. The minimum lot rectangle shall be 150 feet by 150 feet.

Maximum number of lots on a private road. No more than 12 lots may be placed on a private road.[2]

[2]

Editor’s Note: Former Subsection E, Waiver of lot requirements of road length, which immediately followed this subsection, was repealed 11-1-2016.

§ 500-213 Open space.

Minimum area. The minimum aggregate area of the land to be dedicated as open space shall not be less than 30% of the subdivision area. Open space shall be located so as to preserve or protect inland wetlands, streams, ponds, vernal pools, future public groundwater sources, ecologically significant woodlands, wildlife habitats, steep slopes, unusual topographic, geologic, and physical features, scenic values, agricultural lands, active recreational areas, and historic and archaeological sites.

§ 500-214 Accessory uses and buildings.

The following accessory uses and buildings exclusively serving the residents of the retirement housing subdivision may be included with the approval of the Commission:

Community center.

Swimming pool.

Tennis court.

Horse stable and riding rink.

Parking area for visitors, recreational vehicles, boats, and trailers.

Other outdoor recreational facilities.

§ 500-215 Standards and requirements.

Dwelling units per building. Buildings may contain one or two dwelling units, but not more than 25% of the total buildings shall contain two dwelling units.

Maximum lot yield. The total number of all buildings, exclusive of a community center and outdoor recreational buildings, in the subdivision shall not exceed the gross number of acres comprising the subdivision divided by three. Any fraction shall be rounded off to the nearest whole number.

Retirement housing subdivision requirements.

(1)

Each unit must be occupied by at least one resident who is 55 years of age or older.

(2)

No dwelling unit shall be occupied by any individuals who have not attained the age of 21 years of age.

(3)

If the resident who is 55 years of age or older is deceased, a surviving spouse or companion who has an ownership interest in the unit can remain in the unit although not 55 years of age.

(4)

Documents containing the age restrictions shall be approved by the Commission and included on the record subdivision map and deeds to property.

(5)

Documents providing for maintenance of roads, community centers, or other common facilities shall be provided and filed on the land records.

Association of lot owners.

(1)

Accessory buildings and private roads within the subdivision shall be owned in fee by a common-interest community organized pursuant to Chapter 828 of the Connecticut General Statutes. The instrument of association shall be in form and language approved by the Commission and shall contain at least the following provisions:

(a)

The power to levy assessments against the owners of lots within the subdivision enforceable by lien; and

(b)

Covenants to maintain the community buildings and private roads in good and safe condition, to make all required repairs and to undertake snow plowing, refuse collection, or other services, at no expense or burden to the Town of Killingworth. Said covenants shall be expressly enforceable by the Town as a third-party beneficiary.

(2)

If the subdivision includes a private road, the applicant or owner of the land to be subdivided shall include in the deed to each lot a statement that the street is not constructed in accordance with the Road Criteria and Construction Standards prescribed by the Town of Killingworth as a public way and is not a Town road or Town-maintained road.

(3)

The site development plan shall include the dedicatory language of the common properties to the association in addition to the requirements of § 485-12B of the Subdivision Regulations.

Landscaping. The retirement housing subdivision shall be suitably landscaped. A specific and detailed plan and schedule shall be submitted as part of the application. Suitable landscaping, which may include lawns or existing vegetation, is required in all areas not covered by impervious surfaces. Large trees and stands of mature trees and shrubs are to remain undisturbed where practical and desirable.

Bedrooms. No dwelling shall have more than two bedrooms.

Neighborhood character. In order to maintain the character of the residential neighborhood in which it sits, no two adjacent units in the development may be the same size, as determined either by total square footage or by footprint. The overall design and the design of individual structures shall be compatible with single-family homes in the neighborhood, including, but not limited to, materials, roof slopes, and overall bulk.

Parking. Each dwelling unit shall have an attached garage for one or two cars. There shall be at least 1 1/2 off-street parking spaces, whether in a garage or outside, per approved bedroom, but there shall be no more than three off-street parking spaces, whether in the garage or outside, per unit. Recreational vehicles, boats, and trailers may not be stored on dwelling lots.

§ 500-216 Open space dedication.

Permanent dedication of open space shall be accomplished by conveyance of the fee interest to a tax-exempt land conservation organization approved by the Commission. The applicant shall submit to the Commission a written statement from the organization to which open space is to be dedicated agreeing to accept the open space. Any instrument or conveyance of open space or any conservation easements or other open space covenants and restrictions shall be created and recorded in the office of the Town Clerk prior to endorsement of the record subdivision map by the Commission.

§ 500-217 Compliance with regulations.

Except as provided in this article, all provisions of the Zoning Regulations and Subdivision Regulations[1] shall apply to the retirement housing subdivision.

[1]