The Roxbury Planning Commission may grant a Special Permit simultaneously with the approval of a subdivision plan under the Subdivision Regulations, Town of Roxbury, Connecticut, to permit establishment of a Conservation Subdivision. The Planning Commission shall follow the procedures herein specified, and before granting a special permit shall find that the Special Permit will create the open space, as defined in Section 20.66 and consistent with the purpose, intent, requirements and standards of this Section 16.

The intent of this Section is to provide, pursuant to Sections 8.2 and 8.18 of the General Statues concerning cluster development, alternatives to conventional residential subdivision development and to development permitted under other sections of these Regulations when such alternatives will more appropriately assure the conservation of land by taking advantage of the natural features of the tract so as to leave substantial unfragmented areas (which may include agricultural lands) free of building lots.

The Planning Commission upon application in the manner prescribed in this Section 16, Section 6.2.5 and other requirements of Section 8-3c of the General Statutes may approve by Special Permit, residential development conforming to the standards and requirements prescribed in this Section 16 when the following conservation purpose(s) are accomplished:

a.

Permanently conserve and preserve land to assure that its development will best maintain or enhance the appearance, character, natural beauty and scenic views of an area;

b.

Preserve land for park and passive recreation purposes;

c.

Preserve or create prime farmland and unique agricultural features such as orchards and vineyards;

d.

Protect streams, rivers, ponds, and their associated stream belts, and other wildlife habitats, wetlands as natural resources and environments, and to avoid flooding, erosion and water pollution, and/or;

e.

Preserve natural features along roadways so as to maintain their existing rural character and the rural character of the community.

On the effective date of this Section 16, as amended hereby, existing parcels meeting all requirements for Conservation Subdivision will be limited to one (1) Conservation Subdivision.

The acreage for any Conservation Subdivision shall consist of not less than thirty (30) acres, and less than fifty (50) acres.

The permitted principal use shall be single family residential and the related permitted accessory uses as permitted in the existing zone.

The number of residential lots permitted in a Conservation Subdivision shall not exceed the number of lots permitted in a standard subdivision of equal acreage.

Conservation Subdivisions shall be permitted only in Zones B and C.

16.9.1.

The lot size may be reduced by twenty-five percent (25%) maximum in Zones B and C. Except for the variation in lot size as permitted under this subsection, Conservation Subdivisions must conform to all other requirements of these Regulations.

16.9.2.

All buildings and other structures shall have a minimum setback of one hundred (100') feet from the perimeter property lines of the Conservations Subdivision. This setback supersedes any other setback requirement for the relevant zone.

All roads including private roads in a Conservation Subdivision shall conform to Town road specifications set forth in the Roxbury Code of Ordinances.

The open space land in any Conservation Subdivision shall be located entirely within the subdivision and shall meet the following requirements:

16.11.1.

The Open Space areas shall be in one contiguous piece, except where the Planning Commission finds that the purposes of subsection 16.2 would be more effectively served by not more than two (2) separated parcels of open space.

16.11.2.

The Open Space land meeting the minimum requirements of this Section 16, shall not be part of any lots, shall have suitable access from a street and shall have shape, dimensions, character and location to promote the conservation purposes specified in Subsection 16.2.

16.11.3.

The Open Space land provided shall include areas adjacent to the road frontage to preserve the streetscape including features such as tree cover and stonewalls that will retain the rural character of the Town.

16.11.4.

The permanently preserved open space area in any Conservation Subdivision shall be not less than thirty-three and one-third percent (33.3%) of the total tract and shall not include the area of the setbacks as defined in Section 16.9.2.

16.11.5.

The Open Space land shall be used, preserved and maintained consistent with the purposes specified in Subsection 16.2.

16.11.6.

The Open Space land in a Conservation Subdivision shall consist of not more than fifty percent (50%) wetlands.

16.11.7.

Subject to the approval of the Planning Commission, the method for carrying out such preservation and maintenance of the Open Space land shall be:

a.

The establishment of a Homeowner's Association made up of all lot owners in the Conservation Subdivision, which Association shall own an undivided interest in the Open Space land. Said Association shall have the power to assess the members for all necessary cost for the permanent preservation of the Open Space. Membership in said association shall be mandatory; or

b.

The conveyance of Open Space land to a local or national Land Trust subject to conservation restrictions, or to the Town of Roxbury for permanent preservation when the Planning Commission deems such conveyance appropriate. Conveyance of land to the Town is subject to acceptance by Town Meeting.

Under the method prescribed in Subsection(s) 16.11, the Planning Commission shall require the owner of the Open Space land to execute, acknowledge, and file with the Land Records of the Town such maps and documents, as in the opinion of the Town Attorney, will effectively create for the benefit of the adjoining landowners within the Conservation Subdivision and of the Town, a deed of conveyance, easement, or covenant running with the land that:

16.12.1.

Will be permanent, perpetual and binding on all future owners of the Open Space land;

16.12.2.

May be enforced for adjoining property owners in the Conservation Subdivision or the Town by appropriate action in court for damages or equitable relief;

16.12.3.

Will assure appropriate maintenance, preservation and stewardship of the Open Space land to the satisfaction of the Planning Commission;

16.12.4.

Shall provide that such Open Space deed, easement, or covenant may not be modified, altered, amended, or changed to revise the covenants, restrictions and other protective provisions of the Open Space without the written approval of the municipal officers or agencies with jurisdiction over the Conservation Subdivision; and the unanimous approval of all of the property owners in the Conservation Subdivision; and

16.12.5.

Shall provide that if maintenance, preservation and/or use of the Open Space area no longer comply with the provision of the Open Space deed, easement or covenant approved under this Section 16, the Town may take all necessary action to assure compliance and assess the association or other owner all costs incurred by the Town for such enforcement.

Under the method prescribed in section 16.11, the recipient of the Open Space land shall be required to give assurances satisfactory to the Planning Commission that the Open Space land shall be preserved and maintained solely for the purposes specified in subsection 16.2 and shall execute, acknowledge and file in the Land Records of the Town such maps and documents as the Planning Commission shall deem appropriate for such purposes. Such legal documents shall be reviewed and approved by the Town Attorney and the Planning Commission prior to filing of the record subdivision map in the Roxbury Land Records.

The Application for a conservation subdivision Special Permit shall be submitted to the Planning Commission in writing in quadruplicate, and shall consist of the following:

16.14.1.

A written statement describing the purposes to be accomplished pursuant to subsection 16.2, the proposed method of preservation, disposition, use and maintenance of Open Space land;

16.14.2.

An environmental assessment of the entire track by a person recognized as qualified by the Planning Commission

16.14.3.

A subdivision plan meeting all of the requirements of the Subdivision Regulations, Town of Roxbury, Connecticut, except as modified by these Regulations.

The Planning Commission shall follow the procedure outlined in Special Permit Section 6.2.5 of these Regulations in acting upon a Conservation Subdivision.

If the requirements of this Section 16 are in conflict with other sections of these Regulations or any provision of the Subdivision Regulations, the provisions of this Section 16, shall take priority.