It is in the interest of the health and welfare of the Town of Roxbury to provide greater housing opportunities for its elderly citizens and to maintain Roxbury's rural character. The following regulations are designed to permit housing for the elderly, which provides for:

a.

The special physical needs of the elderly in locations with convenient and safe access, especially for emergency vehicles;

b.

A site design and housing density compatible with Roxbury's rural residential character; and

c.

On site utilities, which are adequate for long-term use.

15.1.1.

The following regulations are intended to encourage the development of housing for the elderly as found in the housing plan prepared by the Town pursuant to Connecticut General Statutes §8-23; and in the housing component and other applicable components of the State Plan of Development and

15.1.2.

Conservation prepared by the Town pursuant to Connecticut General Statutes §16a-26.

15.1.3.

Where applicable, these regulations are intended to comply with the requirements of Connecticut Statutes for the simultaneous provision of both elderly housing and "affordable housing" to Town residents.

15.1.4.

Where the term "affordable housing" appears in these regulations, it shall be defined according to Section 8-30g(a) of the Connecticut General Statutes, as amended.

Elderly housing and related accessory structures shall be built by:

a.

A nonprofit corporation;

b.

Any business corporation incorporated pursuant to Connecticut General Statutes §33-282 et seq., [for-profit stock corporations]; or any partnership. limited partnership, joint venture, trust or association having as one of its purposes the construction, rehabilitation, ownership or operation of housing, having basic documents of organization approved by the commissioner in accordance with regulations adopted pursuant to Section 8-79 or 8-84 of the Connecticut General Statutes; or any combination of the above.

c.

"A housing authority" within the meaning of Section 8-39 of the Connecticut General Statutes; or

d.

A municipal developer, as defined by Section 8-39(x) of the Connecticut General Statutes.

15.2.1.

No housing development for elderly persons to which Section 8-112a et. seq. of the Connecticut General Statutes applies, shall be developed without the approval of the Connecticut Commissioner of Housing, pursuant to Section 8-115a of the Connecticut General Statutes.

15.2.2.

Any housing for elderly persons provided under a state or federal program referenced in 42 USCS 3607(b)(2)(A) or (C) must meet the requirements of any and all state and federal statutes and regulations applicable to said housing before said housing shall be approved by the Town.

15.3.1.

All Elderly Housing projects shall be by Special Permit as set forth in Section 6 of the Roxbury Zoning Regulations; Submission of a site plan in accordance with Section 7 of the Roxbury Zoning Regulations shall be required.

15.3.2.

Subject to the provisions of Section 15.3.3 of these regulations, the applicant shall submit an application, which shall include information demonstrating a local need for the type and amount of proposed elderly housing. To assess the need for Elderly Housing, the Roxbury Zoning Commission will look to the Comprehensive Housing Availability Strategy prepared by the Connecticut Department of Housing.

15.3.3.

Should the applicant desire to construct "affordable housing" for the elderly, the applicant shall demonstrate a need for such "affordable housing" in Roxbury in accordance with Section 15.3.2 of these regulations, provided that the conditions of subsections (f) or (g) of Section 8-30g of the Connecticut General Statutes, limiting the applicability of the affordable housing appeals procedure, are satisfied.

15.3.4.

Special permits are subject to standards set forth in these regulations, the Town's Plan of Conservation and Development, and to conditions necessary to protect the public health, safety, convenience, and property values.

15.3.5.

If an application under Section 15 involves an activity regulated by the Roxbury Inland Wetlands and Watercourse Commission, the applicant shall submit an application to such commission no later than the day the application is filed for a Special Permit under Section 15 or Section 19.

15.3.6.

These regulations shall encourage the development of housing opportunities consistent with soil types, terrain, and infrastructure capacity for elderly residents of the town and its planning region.

15.3.7.

In acting on an application under this section the Commission shall find that the proposed application if approved will maintain the Town of Roxbury's predominantly rural residential character consistent with the Roxbury Plan of Conservation and Development.

15.3.8.

The developer, owner or manager of an affordable housing development developed pursuant to Connecticut General Statute §8-30g(a) and this Section 15 of the regulations that includes rental units shall provide annual certifications to the Zoning Commission that the development continues to be in compliance with the covenants and deed restrictions which may be required by the commission to preserve the housing units as affordable housing as defined in §8-39a and §8-30g. Any such development that does not comply with the applicable covenants and deed restrictions shall be required to rent the next available units to persons whose incomes satisfy the requirements of the covenants and deed restrictions until the development is in compliance. The commission may inspect the income statements of tenants of the restricted units upon which the developer, owner or manager bases the certification.

15.4.1.

Only "elderly persons" as that term is defined by Section 8-113a(m) of the Connecticut General Statutes shall be eligible to rent or purchase elderly housing; a helper may occupy unit. However, no person who is deemed totally disabled due to a drug or alcohol dependency shall be deemed an "elderly person" for purposes of applying these regulations.

15.4.2.

Priority for occupancy of "elderly housing" units shall first be granted to residents of Roxbury, aged 62 years or older who have been residents of Roxbury for a minimum of two consecutive years immediately preceding their application for occupancy; then to residents of Litchfield County aged 62 years or older who have been residents of Litchfield County for a minimum of two consecutive years immediately preceding their application for occupancy; then to all other eligible "elderly persons," as provided in these regulations.

15.4.3.

The Town shall require verification that a prospective resident of an elderly housing unit meets the eligibility requirements for such occupancy.

No parcel shall be considered for elderly housing unless it meets the following building requirements:

15.5.1.

The minimum lot area shall be six (6) acres exclusive or the acreage of wetlands, watercourses, ledge, and slopes above twenty-five (25%) percent grade.

15.5.2.

The minimum frontage requirement shall be three hundred and fifty (350) feet on a Town-maintained, paved road or a State highway.

15.5.3.

Housing for elderly persons shall include:

a.

Attached single-family buildings containing not more than three (3) dwelling units, each or which has primary ground floor access to the outside and which are attached to each other by party walls without openings; and/or

b.

Detached single-family units;

c.

And related accessory structures and uses, and non-residential common uses specifically designed to meet the physical or social needs of elderly persons including: recreation rooms, management, maintenance, storage space and central laundry facilities and such other structures and uses as may be required or deemed necessary and subject to State or federal requirements for housing for the elderly.

15.5.4.

The maximum number of dwelling units per acre shall be three (3).

15.5.5.

Each dwelling unit shall have not more than two (2) bedrooms.

15.5.6.

The minimum and maximum floor area (exclusive of bathroom and hall floor area) for elderly dwelling units:

Floor Area Requirement in Square Feet:

15.5.7.

The floor area for dwelling units shall comply with the standards required by the State of Connecticut Department of Housing for the design of rental housing. Each dwelling unit is to include its own kitchen, bath and utility service.

15.5.8.

The architectural design, scale and mass of buildings and other structures, including among other elements the exterior building materials, roof lines, and building elevations, shall be residential in character in accordance with the standard listed below so as to harmonize and be compatible with the neighborhood, to protect property values, and preserve and improve the beauty and appearance of the community.

15.5.9.

Pitched-roof buildings with a clapboard facade appearance shall be encouraged. Maximum building height shall be thirty-five (35) feet with a maximum of 2 ½ stories.

15.5.10.

No building shall extend in a continuous plane for more than fifty (50) feet without a horizontal offset from grade to caves of at least two (2) feet.

15.5.11.

Buildings shall be designed and located on the site so as to retain the existing topography and natural features of the lot.

15.5.12.

Buildings and parking areas shall be located not less than seventy-five (75) feet from the front and one hundred and fifty (150) feet from the side and rear property lines.

15.5.13.

All dwelling units shall be constructed to allow passage into and within all premises within the dwelling units by disabled persons in wheelchairs. In addition, all units must be constructed in accordance with ANSI Standard A1 17.1 for accessibility and shall be equipped with a sprinkler system.

15.5.14.

The shortest distance between any two residential buildings shall be not less than the height or the highest residential building.

15.5.15.

Attached housing units shall be connected to a walkway system by paved pathways.

15.5.16.

Minimum setbacks from internal roadways shall be twenty-five (25) feet.

15.6.1.

A comprehensive report on water and sanitary requirements shall be prepared by a Professional Engineer registered in the State of Connecticut in accordance with the Standards and Requirements set forth in the Roxbury Subdivision Regulations, Section 11, and the Roxbury Zoning Regulations, Section 3.6.

15.6.2.

All dwelling units shall be served by a subsurface sewage disposal system and water system approved by the Town Health Officer and, where required, by the State Department of Health Services.

15.6.3.

No zoning permit for construction of housing units shall be issued until the Health Officer and/or the State Health Department has approved the quantity and quality of the water supply for the housing units. Said water usage shall not adversely affect the existing water supply of adjoining properties.

15.6.4.

At the direction of the Health Officer the applicant shall conduct and report on the results of deep hole tests, percolation tests, test wells and such other on site analysis as necessary to substantiate suitability of the site for water service and septic disposal. The applicant shall meet applicable Connecticut Health Regulation requirements for approval by the State Health Department that there is sufficient water.

15.6.5.

Water storage supply for the purpose of fire protection shall be provided subject to the approval of the Fire Marshall with advisory referral to the volunteer fire department of the Town of Roxbury

15.6.6.

All electric, telephone, cable and other utility wires shall be underground. The applicant shall provide adequate deep hole tests to demonstrate feasibility of underground utility wire installation.

15.6.7.

The applicant's engineer shall submit a comprehensive storm drainage site analysis and improvement plan and erosion and sedimentation control plan in accordance with the requirements of Section 7 of these Regulations and the Roxbury Subdivision Regulations (Appendix B-1, B-2, Appendix C).

15.7.1.

Landscape Buffer. The applicant shall demonstrate to the Zoning Board's satisfaction that the proposed construction shall be adequately screened from surrounding single-family residences by use of building form, height, material and landscaping.

15.7.2.

Applicant shall provide detailed landscape plans for common areas, usable open space, and perimeter areas including proposed grading, plant materials and method of maintenance. (No less than one hundred fifty (150) square feet of permanent open space per dwelling unit shall be provided.)

15.7.3.

Existing mature vegetation on the site, desirable trees, such as oaks, ash, hickory 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 shall be provided as follows:

15.7.4.

Shade trees, evergreen trees and/or deciduous flowering trees shall be planted adjacent to parking areas. At least one (1) tree shall be planted for each three (3) spaces or fraction thereof in locations, sizes and varieties, approved by the Zoning Commission. Evergreen trees shall be a minimum of four (4) feet in height.

15.7.5.

Trees and shrubs shall be planted around foundations and between structures as approved by the Zoning Commission.

15.7.6.

Where the Commission determines that the location of the proposed site construction may be visible from neighboring single-family residences, the applicant shall submit a landscape buffer plan prepared by a Connecticut licensed landscape architect meeting the following requirements:

15.7.7.

The area from the property line to the proposed parking site or buildings shall be landscaped with evergreen shrubs or trees, or such evergreens in combination with embankments, fences and/or walls, so as to provide a screen and transition from the developed portion of the site to neighboring residences. Suitable natural terrain and existing evergreen trees and shrubs may be preserved, or augmented with new planting, to satisfy the landscape requirement in the setback area. All undeveloped portions of the lot shall be landscaped with trees, shrubs, lawns or other suitable landscaping.

15.7.8.

Lighting. The applicant shall submit a lighting plan. The plan shall demonstrate that the headlight beam from vehicles on the site will not direct a beam into an adjacent property residential living area.

15.7.9.

Refuse containers shall be located on paved areas and screened from view.

15.8.1.

The design of all interior vehicle accessways shall conform to Town Road specifications and shall be approved by the Fire Marshall to assure ready access in case of emergency.

15.8.2.

Parking shall be sufficient to accommodate the needs of the occupants. One (1) parking space per dwelling unit shall be required and one space per unit for visitor parking. Visitor parking shall be located within two hundred (200) feet of the dwelling it serves.

15.8.3.

The applicant shall provide for continuing maintenance of private vehicle accessways, parking areas, stormwater drainage facilities, open space and other amenities.

15.8.4.

There shall be not more than one (1) sign per entrance as required in section 12.

15.8.5.

The applicant shall provide the Zoning Commission with a report prepared by a Traffic Engineer that shall address but not be limited to, the following specific factors:

15.8.6.

The preferred site location will have direct access to a state highway or direct access to a paved Town road where the intersection of the Town road and vehicular accessway to the site is within two thousand (2,000) feet of a State highway.

15.8.7.

Where a site is proposed with access to a paved Town road and the distance from the vehicular accessway to a State highway is greater than 2,000 feet, the Zoning Commission shall make a determination that the site has a safe and convenient access to a State highway.

15.8.8.

The road grade, pavement width and cleared right-of-way width of the road system leading to the site as it would affect access by emergency equipment and the potential for a temporary blockage.

15.8.9.

Identify and evaluate all existing and potential conditions on the road system which could pose a threat of temporary blockage between the vehicle accessway to the site and a State highway (bridges, steep slope, rock areas, large trees adjacent to the roadway, location of utility lines, etc.).

15.8.10.

Identify potential alternative emergency routes to and from the site.

15.8.11.

In determining the safety of access to the site the Commission shall consider the above stated factors, the traffic engineer's report and any report submitted by the Commission's engineer.

15.8.12.

No more than ten (10) parking spaces shall be located along an access driveway or in a parking lot without a separating landscaped buffer strip of at least ten (10) feet in width. Detached garages shall not exceed one story in height and shall be fully enclosed. Garage buildings shall be used solely for the storage of vehicles of residents or resident-owned commercial vehicles. In the absence of enclosed garages, all resident-owned commercial vehicles may be parked only in the visitor parking lot. The area of a garage apron shall not be included in the calculation of required off-street parking space.

15.8.13.

The intersection of the access drive to the state highway or Town road shall be in a location that provides a five hundred (500) foot Stopping Sight Distance in both directions. The method of measuring Stopping Sight Distance shall conform with the AASHTO Standard as modified by the Connecticut Department of Transportation in a document titled "Interim Guidance for Implementation of AASHTO (1984) Green Bk."

15.8.14.

The center line of the vehicle accessway intersection with the State highway or Town maintained paved road shall be not less than one hundred (100) feet from the intersection of the lot's side property line with the street line. The maximum grade of the vehicle accessway at the intersection with the State highway or Town maintained road shall be a maximum of five percent (5%) for a distance of not less than twenty (20) feet.

15.8.15.

Access Drive Design and Construction. The vehicle accessway shall be constructed in accordance with the design and construction requirements of the Town Road Ordinance, except the paved width for the travelway may be twenty-two (22) feet with the requirement for two (2) foot stable shoulders, providing the right-of-way remains at fifty (50) feet.

15.9.1.

The location of the elderly housing units shall be subject to approval of a preliminary development plan by the Roxbury Zoning Commission, and shall include information on land areas adjacent to the housing units, and evidence that the development and design of the housing units shall be in harmony with the neighborhood. Applicant may submit preliminary plan to the Zoning Commission which includes information on its location. This review by the Roxbury Zoning Commission will be non-binding.

15.9.2.

Upon approval by the Zoning Commission, the applicant shall file one copy of the approved site plan showing the Commission's approval, date and any modifications. Any reconstruction, enlargement, extension, structural alteration or modification of the approved plan shall require a new Special Permit application be submitted to the Commission for approval.

15.9.3.

A minimum of half of the housing units must be built within each of the first two years, otherwise, the Zoning Commission shall determine the developer's intent to proceed. The Zoning Commission may have good cause to allow for extensions for completion of the project. If the Commission determines that the developer does not intend to proceed with construction, the Commission may revoke such approval. Notice shall be given to the developer or his successors in interest by certified mail at least ten (10) days prior to the date of the meeting at which such action is proposed

15.9.4.

Those standards articulated in Section 19.9 of these regulations are hereby incorporated and made the standards of Section 15.10.4, applicable solely to those elderly housing units which are intended to be "affordable housing."

15.10.1.

To maintain its elderly status, title to said properties shall be restricted so that all elderly housing units shall be subject to covenants and other legally binding restrictions which shall limit the rental, sale, or resale of the units to insure that they continue to remain elderly housing in accordance with Connecticut General Statutes Section 8-112a and/or 42 U.S.C.S. Section 3607.

15.10.2.

These covenants shall run with the land and shall be enforceable by the Zoning Commission of the Town of Roxbury.

15.10.3.

The sale or resale, sublease and re-letting of elderly housing units shall not occur until the new purchaser or renter provides the Zoning Commission of the Town of Roxbury with evidence of compliance according to Section 15.4 of these regulations

15.10.4.

Those standards articulated in Section 19.10 of these regulations are hereby incorporated and made the standards of Section 15.10, for those elderly housing units which are intended to be "affordable housing".

The Zoning Commission may require Bonding for proposed improvements which will become public improvements such as roads and drainage. The Bond or Letter of Credit must be satisfactory to the Zoning Commission.

Should an applicant propose to provide a development composed of elderly units (affordable or not) and non-elderly affordable units, the applicant must meet the requirements of Section 15 of these regulations for the provision of elderly units, and the requirements of Section 19 for the provision of affordable non-elderly units, and the density for such a mixed development shall not exceed those density requirements provided in Sections 15.5.4 through 15.5.7 of these regulations.