Orange City Zoning Code

Zoning district: The parcel shall be located in a zoning district which permits PRD development as a special use. PRD development is prohibited in all Business Office Park (BOP) Districts and Light Industrial (LI) Districts.

Site size:

Street location: The PRD site must be located on, or have a minimum 30-foot-wide direct access to, one of the following specified streets within the designated zoning districts:

Sanitary sewers and public water: A PRD will only be considered for a special use approval if the proposed units will be connected to public sanitary sewers and if the proposed units will be connected to the public drinking water system.

In the residential district and in the Commercial C-1 and C-2 Districts, a PRD development may qualify as either a "set aside development" or as "assisted housing" as defined in Connecticut General Statutes § 8-30g.

Residential district: Single-family attached dwellings as restricted by this article, and multiple-unit residential dwellings as restricted by this article.

Commercial districts:

The maximum number of residential units to be approved on any one site is limited by the floor area ratio standards and the dwelling unit size standards. The Plan and Zoning Commission may approve fewer units on individual specific sites consistent with its findings relative to the approval standards contained in § 383-108.

A maximum of five acres on any one parcel in any district may be utilized for housing units under this article.

No more than 50 units may be built on any one qualifying site, except that up to 75 units shall be permitted within a PRD in which 100% of the dwelling units are efficiency and/or one-bedroom units and overall density does not exceed 16 units per acre.

Height, area and bulk:

Building setbacks:

A minimum of 66% of the dwelling units shall consist of efficiency and one-bedroom units. The balance may be two- or three-bedroom units.

Dwelling units in mixed use buildings must be served by a separate outside entrance and a separate parking area.

Residential buildings shall be separated by at least 35 feet from any other residential building on the same site. If, however, any facing walls contain a window or door, such distance shall be increased by one foot for each two feet of height of the higher facing wall above the lowest adjacent ground elevation thereto. Any walls which are facing at an angle of 30° or less shall be considered facing walls. Enclosed stairwells and similar architectural appurtenances shall be considered as part of the wall and shall maintain the required setback.

Freestanding residential buildings in mixed use developments must be adequately separated from the nonresidential use on the site in terms of access and parking. The Plan and Zoning Commission will determine the adequacy of the layout.

Deed restricted affordable units shall be substantially similar to non-price-restricted units in terms of building design, materials and finish quality.

Utilities shall be buried underground unless this requirement is waived by the Plan and Zoning Commission due to site conditions.

Building height shall be determined in accordance with § 383-14.

The longest side of a residential building shall not exceed 350 feet. Building walls that exceed 160 feet in length shall include facade articulation features at a minimum interval of every 60 linear feet.

Number of spaces:

The Plan and Zoning Commission may reduce the required parking if it is determined by the Commission that lesser parking will adequately serve a proposed use.

Any open parking areas, excluding garage driveway pads, must be set back a minimum of 15 feet from all sides of dwellings.

Parking which serves more than one unit may not have as its only egress backing out onto a public street.

Adequate, unobstructed space shall be provided for snow clearance of parking spaces. Provision shall be made for adequate storage of cleared snow.

All parking areas shall comply with the landscaping provisions of these regulations. In addition, parking areas will be screened from the street and adjoining neighbors by a landscaped treatment of at least four feet in height.

Driveways shall not constitute parking spaces in determining conformance to parking standards.

Notwithstanding the provisions of Subsections A through G of this section, the Commission may reject any residential development solely on the basis that any residential development fails to conform with any requirement for off-street motor vehicle parking space, provided the Commission finds that a lack of such parking spaces will have a specific adverse impact on the public health and safety that cannot be mitigated through approval conditions that have no substantial adverse impact on the viability of such development.

All PRD areas shall contain a buffer strip at least 25 feet wide planted to substantially screen parking in the planned residential area from neighboring residential areas.

A preliminary landscape plan must be submitted with the initial residential plan and a final landscape and planting plan submitted with the final residential plan.

To the greatest extent possible, all mature trees should be retained on the site. Street trees (minimum three-inch caliper) shall be planted on 30-foot centers. The street trees shall be planted outside the right-of-way.

Utility terminal boxes and connections placed aboveground shall be adequately landscaped to screen them from view and shall be shown on the initial and final residential plans.

Existing mature vegetation on the site shall be retained in areas not disturbed by construction. In areas disturbed by construction, or in areas where existing vegetation is sparse, new plant material (trees, shrubs) shall be provided as follows:

All landscaped areas shall be served by underground water sprinklers, unless this requirement is waived by the Plan and Zoning Commission.

Usable open space:

Properties along the Post Road will comply with the design themes of the Post Road Design District in the Town Plan of Development.

Individuals and Families eligible for affordable housing units will have an income, at the time of execution of a contract of sale or lease agreement, that does not exceed 80% of the lesser of the median family income for the New Haven/Meriden Metropolitan Statistical Area (MSA) or the median income for the State of Connecticut as established on an annual basis by the U.S. Department of Housing and Urban Development (HUD).

At least half of the affordable dwelling units shall be set aside for individuals or families with incomes no more than 60% of the median income as determined in accordance with Connecticut General Statutes § 8-30g.

In determining whether an applicant for an affordable housing unit meets the qualifying criteria, the same factors and methods of calculations used by the United States Department of Housing and Urban Development shall be used.

An "affordable housing unit" is a dwelling which, if for sale, is offered at a purchase price, or, if for rent, is offered at a contract rent, excluding utilities, that is affordable to households whose income, after adjustment for family size, is at or below 80% of the lesser of the median income of the New Haven/Meriden MSA or the median income of the State of Connecticut as determined by the United States Department of Housing and Urban Development.

All PRDs shall be considered special uses subject to requirements and procedures of this article and Article XIV of the Orange Zoning Regulations.

A PRD shall be approved only in conjunction with the approval of an initial residential plan (IRP) and a final residential plan (FRP) for the entire parcel by the Plan and Zoning Commission.

The Plan and Zoning Commission shall charge a fee, as may be amended from time to time, to cover review costs of PRD submissions.

The initial and final residential plans must be developed by either a professional engineer, architect, registered landscape architect, registered land surveyor or a professional planner, or any combination of such professionals, each to limit himself/herself to his/her particular area of expertise.

An initial residential plan (IRP) shall be submitted to the Plan and Zoning Commission. A complete application shall include:

Public hearing: After receipt of a completed PRD application, completed initial residential plan and required application fees, the Plan and Zoning Commission shall hold a public hearing and take action to approve, approve with modification, or disapprove the initial residential plan.

In order to approve an initial or final residential plan, the Plan and Zoning Commission shall first make the following findings:

Recording and effective date: An approved initial residential plan shall be endorsed by the Plan and Zoning Commission and recorded in the office of the Orange Town Clerk within 90 days of the date of approval, unless extended by the Commission for good cause shown.

Before development can begin, a final development plan must be approved by the Plan and Zoning Commission in accordance with the provisions of Article XIII of these regulations and Chapter 382, Subdivision Regulations, if applicable.

Application for a final residential plan may be for all or only a portion of the approved initial residential plan. If the site is to be developed in phases, each phase shall require a final residential plan. The final residential plan shall conform substantially to the approved initial residential plan. The Plan and Zoning Commission will be the sole judge as to substantial conformance.

The final residential plan shall include the following:

The Plan and Zoning Commission may hold a public hearing on the final residential plan if in its estimation the plan differs significantly from the initial residential plan. Otherwise, the final residential plan shall be processed in the same manner as a site plan approval under Article XIII of these Regulations, but subject, however, to this article, and shall be filed after approval in accordance with the requirements of this article.

The final residential plan must be submitted within two years from the date of the initial residential plan approval. Otherwise, the initial residential plan is null and void. The Plan and Zoning Commission may approve an extension of up to one year.

The applicant shall post a performance bond in accordance with these Regulations for completion of all improvements in accordance with the final residential plan, except residential units, at the time of approval of the final residential plan.

If less than 40% of the dwelling units in any approved phase of a PRD have received certificates of occupancy within 24 months of the approval of such final residential plan, the PRD shall be reviewed by the Plan and Zoning Commission to determine the developer's intent to proceed.

The Plan and Zoning Commission may, for good cause, allow for extensions of up to one year for completion of buildings, structures, or other improvements.

If the Plan and Zoning Commission determines that the developer does not intend to proceed with the PRD, the Plan and Zoning Commission may revoke such final residential plan approval.

Notice of intent to revoke shall be given to the developer, or his successors in interest, by certified mail sent at least 10 days prior to the date of the meeting at which such action is proposed.

Revocation of the FRP approval, or any phase thereof, shall terminate PRD approval as to such FRP, subject to the right to complete all structures commenced in accordance with the FRP. Thereafter, all completed structures shall constitute pre-existing, nonconforming uses in accordance with these Regulations.

In accordance with Connecticut General Statutes, the Plan and Zoning Commission shall state on the certificate of approval for the final residential plan the five-year expiration for completion of all work in connection with the final residential plan.

A certificate of zoning compliance for units in the final plan for which application is made which are not subject to the contract and covenant restricting them as affordable and/or age 62 or older housing shall be issued only after the completion and issuance of a certificate of zoning compliance for a pro rata number of units of restricted affordable and/or age 62 or older housing. The pro rata allocation shall be based on the proportion of the number of affordable and/or age 62 or older housing units to the total units approved in the whole application.

PRD projects shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, common parking areas, and other communally owned facilities. No such instrument shall be acceptable until approved by the Town Attorney as to legal form and effect.

Any homeowners' association (HOA) created shall be organized as a not-for-profit corporation with automatic membership in the HOA when property is purchased in the PRD. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall specify the rights and responsibilities of property owners to the HOA. The HOA shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro rata share formula for all property owners.

All streets within a PRD must be constructed to Town street standards as set forth in Chapter 382, Subdivision Regulations, and Town ordinances and other street regulations.

The Plan and Zoning Commission may permit pavement widths down to 20 feet, provided the right-of-way width remains at least 50 feet, where the Plan and Zoning Commission finds that density, length of street, projected traffic volumes, available parking and other relevant factors justify such reduction.

In the case of affordable housing units, the title to said properties shall be restricted so that in the event of any resale by the owner or any successor, the resale price shall be affordable as specified in § 383-105.

Rent increases in units which are rented shall be allowed only to the extent that the new rent, excluding utilities, is affordable by households as specified in § 383-105.

In the case of restricted age 62 or older housing, the title to said properties shall be restricted so that in the event of any resale by the owner or any successor, the purchaser must be age 62 or older. In the event of a new lease to another party or a sublease, the unit must be so restricted that the new lessee must be age 62 or older.

Required restrictions shall be conveyed by deeds incorporating the terms and conditions of the sale agreement and resale restrictions or embodied in the lease and notice of the lease, a copy of which shall be filed with the Town of Orange Tax Assessor. These covenants shall run with the land and be enforceable by the Town of Orange until released by the town. The sale and resale or lease, sublease and re-letting of units may not occur until the Assessor of the Town of Orange verifies that the conditions have been met with respect to the initial sale or resale price or rent under a lease, sublease or re-letting. The new purchaser or renter of the property shall also provide the Assessor with information verifying their income or age, as appropriate, for the prior three years.

Terms of the final residential plan.

Procedures for establishment of maximum income for the occupants of the affordable housing and price limits on sale, resale, rental, sublease, or conversion to common interest ownership and subsequent sale of the affordable or elderly housing units. This shall include current calculations applying these Regulations as of the month prior to application.

Provision for increases of the specified income, sale price or rent of restricted affordable units.

Covenants in favor of the Town of Orange incorporating the terms and conditions of the contract, which covenants shall run with the land and be enforceable by the town.

Subordination to the interest of other liens against the property to the affordable deed restrictions.

The complete affordability plan.

Article XII of the Orange Zoning Regulations shall be suspended and no PRD applications will be accepted or approved during any period during which there is a moratorium in effect during which the affordable housing appeals procedure established in General Statutes § 8-30g is not applicable with respect to any application filed with the Orange Plan and Zoning Commission except for:

Effective dates of a moratorium shall be available from the clerk of the Plan and Zoning Commission.