Norwalk City Zoning Code
ARTICLE 41
Conservation Developments
§ 118-410 Conservation developments.
A.
Purpose and intent. The intent of this regulation is to provide alternatives to residential development presently permitted under existing zoning when such alternatives, in the judgment of the Commission, will assure the conservation of land and will accomplish one (1) or more of the following purposes:
(1)
To conserve and preserve land to assure that its development will best maintain and enhance the appearance, character and natural beauty of an area;
(2)
To preserve land for park and recreation purposes;
(3)
To preserve and protect particular areas and terrain which have qualities of natural beauty or historic interest;
(4)
To protect streams, rivers and ponds as natural resources and to avoid flooding, erosion and water pollution; and
(5)
To preserve wetlands, marshlands, tidelands, marine and wildlife habitats and other areas having conservation values.
B.
Regulations for conservation development. Conservation development shall be permitted by Special Permit in accordance with the provisions of Article 140, § 118-1450, Special Permits, and shall comply with the additional standards set forth herein:
(1)
In conservation development, premises shall be used and buildings shall be erected which are used, designed or intended to be used for single-family detached dwellings;
(2)
Conservation developments shall be permitted in AAA, AA and A Residence Zones and no other; and
(3)
Conservation developments shall be in single ownership, including condominium ownership.
C.
Additional standards for conservation developments. Conservation development shall be subject to the following additional standards:
(1)
No main building shall be nearer to any other main building than forty (40) feet in the AAA Zone, thirty (30) feet in the AA Zone and twenty (20) feet in the A Zone.
(2)
No building shall be permitted within forty (40) feet of a designated inland wetland or watercourse or tidal wetland.
(3)
The maximum number of dwellings permitted in a conservation development shall be determined by dividing the total acreage of the parcel by the minimum lot size permitted in the zone and multiplying the result by eighty-five hundredths (0.85). A fraction of one-half (1/2) or more shall be rounded off to the next higher whole number.
[Amended effective 3-2-1990]
(a)
Parcels which contain a body of water, a designated inland wetland or watercourse or tidal wetland shall include only thirty-three and one-third percent (33 1/3%) of said body of water or designated wetland area in arriving at the maximum number of dwelling units permitted above; and
(b)
For parcels which have two (2) or more zone designations, the maximum number of dwellings permitted shall be determined by the land area within each zone.
(4)
To the maximum extent practicable, public sewer and water facilities shall be utilized, and adequate provision for storm drainage shall be made as determined by the Commission.
(5)
To the maximum extent practicable, dwelling units shall be oriented to allow for the effective use of solar energy.
D.
Conservation land requirements.
(1)
An area within each conservation development equal to not less than fifty percent (50%) of the total area of the parcel shall be designated as conservation land. Said conservation land shall be located entirely within the conservation development, shall have suitable pedestrian access from an existing or proposed street, shall result in preservation of such land as open space and shall have shape, dimensions, character and location to accomplish the purpose and intent of Subsection A of this section.
[Amended effective 8-24-1984; effective 3-2-1990]
(2)
Disturbed land, or land otherwise not in its original condition, may be designated as conservation land when improved so as to satisfy the purpose and intent of Subsection A of this section.
[Added effective 10-11-1985[1]]
[1]
Editor's Note: This amendment also provided for the renumbering of former Subsection D(2) and (3) and (4) and D(3), (4) and (5).
(3)
Conservation land shall be preserved and maintained solely for one or more of the purposes enumerated in Subsection A of this section by one of the following methods:
(a)
The formation of a neighborhood association consisting of each owner within the conservation development who shall have an undivided interest in the conservation land. The association shall maintain the conservation land for the purposes intended and shall have the power to assess the members for all necessary costs;
(b)
Offer and transfer the conservation land to the City of Norwalk, subject to agreement by the city to accept the land; or
(c)
Transfer of the land to an institution, person, organization or other entity to own and maintain the conservation land for the purposes intended.
(4)
The owner of the conservation land shall execute, acknowledge and record upon the Norwalk land records such maps and documents as, in the opinion of the Corporation Counsel, will effectively create a trust, easement or covenant running with the land for the benefit of the adjoining landowners and of the City of Norwalk, which will be binding on all future owners of the conservation land; will not be affected by any change in zoning or land use; may be enforced by residents of the conservation development, adjoining property owners or the City of Norwalk by appropriate action in court for damage or equitable relief; will be perpetual; will assure appropriate maintenance of the conservation land to the satisfaction of the Zoning Commission; and shall provide that if maintenance, preservation and/or use of the conservation land no longer complies with the provisions of the trust, easement or covenant, the city may take all necessary action to assure compliance and assess against the owner all costs incurred by the city for such purposes.
[Amended effective 5-26-2000]
(5)
The application for conservation development shall state the conservation purposes to be accomplished and the proposed method of assuring the preservation and maintenance of the conservation land.
E.
Accessory uses and structures. Accessory uses and structures which are incidental to and customarily associated with the principal use of the premises shall be permitted, subject to approval by the Commission.