It is in the interest of the health and welfare of the Town of Roxbury to provide greater housing opportunities for its citizens and to maintain Roxbury's rural character, consistent with Roxbury Planning Commission's Plan of Development, Connecticut General Statute 8-23. The following regulations are intended to promote housing choice and economic diversity in housing, including housing for both low and moderate income households, and shall encourage the development of housing which will meet the housing needs identified in the housing plan prepared pursuant to Connecticut General Statutes Section 8-37t and in the housing component and other components of the state plan of development and conservation prepared pursuant to Connecticut Statutes Section 16a-26.

Affordable housing and related accessory structures shall be built by:

19.2.1.

A nonprofit corporation;

19.2.2.

Any business corporation incorporated pursuant to Connecticut General Statutes Chapter 601 or any predecessor statutes thereto, or any partnership, limited partnership, joint venture, trust, limited liability company or association, providing each corporate or other entity shall have as one of its purposes the construction, rehabilitation, ownership or operation of housing and shall have basic documents of organization approved by the Connecticut Commissioner of Economic and Community Development in accordance with regulations adopted pursuant to Connecticut General Statutes Section 8-79 or 8-84;

19.2.3.

A housing authority;

19.2.4.

A family or person approved by the Connecticut Commissioner of Economic and Community Development as qualified to own, construct, rehabilitate, manage and maintain housing under a mortgage loan made or insured under an agreement entered into pursuant to the provisions of Connecticut General Statutes Chapter 128, Section 8-82 or Section 8-218a.

19.2.5.

A municipal developer.

19.3.1.

All Affordable Housing projects shall be by Special Permit as set forth in Section 6 of the Roxbury Zoning Regulations and State Regulations.

19.3.2.

Applicant shall demonstrate a need for Affordable Housing in Roxbury as outlined in Connecticut Statutes Section 8-39a.

19.3.3.

There shall be a demonstration of such a need if Roxbury does not meet the requirements of Connecticut General Statutes Section 8-30g (f and g).

19.3.4.

Applicant shall propose an Affordable Housing Development as defined in Connecticut General Statutes Section 8-30g.

19.3.5.

Eligibility for the rental or purchase of Affordable and Affordable/Elderly Housing is a person or family whose income is less than or equal to eighty percent (80%) of the median income for the Roxbury area or the state of Connecticut, whichever is lower as determined by the U.S. Department of Housing and Urban Development.

19.3.6.

The Affordable Housing development shall give priority to residents of the Town of Roxbury. The second priority shall be for residents of Litchfield County. All must have been such residents for two years.

19.3.7.

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

19.3.8.

If an application under Section 19 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 19.

19.4.1.

No parcel shall be considered for Affordable Housing unless it complies with the following standards:

19.4.2.

Minimum Lot Area. The minimum lot area shall be six (6) acres exclusive of the acreage of wetlands, watercourses, ledge, and steep slopes (i.e., slopes above 25% grade).

19.4.3.

Minimum Frontage. The minimum frontage requirements shall be three hundred and fifty feet (350') on a State-maintained highway or Town maintained-paved vehicle accessway.

19.4.4.

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

19.4.5.

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.

19.4.6.

Minimum Floor Area Requirement in Square Feet:

19.5.1.

In acting on an application under this section, the Commission shall find that the proposed application if approved will:

19.5.2.

Maintain the Town of Roxbury's predominantly rural residential character consistent with the Roxbury Plan of Development.

19.5.3.

The type of housing permitted shall be detached single-family units or attached single-family units which shall be defined as a building containing no more than three dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by patio walls without openings.

19.5.4.

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.

19.5.5.

Pitched-roofed buildings with a clapboard facade appearance shall be encouraged. Maximum building height shall be thirty-five (35') feet with a maximum of two and a half (2½) stories.

19.5.6.

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

19.5.7.

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

19.5.8.

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

19.5.9.

All dwelling units shall be constructed in accordance with ANSI Standard A117.1 for accessibility and shall be equipped with a sprinkler system.

19.5.10.

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

19.5.11.

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

19.5.12.

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

19.6.1.

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

19.6.2.

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 and fifty (150) square feet of permanent open space per dwelling unit shall be provided.)

19.6.3.

Existing mature vegetation on the site, desirable trees, such as oaks, ash, and 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:

19.6.4.

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.

19.6.5.

Trees and shrubs shall be planted around foundations and between structures as approved by zoning commission.

19.6.6.

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:

19.6.7.

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.

19.6.8.

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.

19.6.9.

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

19.7.1.

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

19.7.2.

Parking shall be sufficient to accommodate the needs of the occupants. At least one (1) parking space per bedroom but with a minimum of two (2) for each dwelling unit and one (1) space per unit for visitor parking. Visitor parking shall be located within two hundred (200') feet of the dwelling it serves.

19.7.3.

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

19.7.4.

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

19.7.5.

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:

19.7.6.

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 access-way to the site is within two thousand (2000') feet of a State highway.

19.7.7.

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 two thousand (2000') feet, the Zoning Commission shall make a determination that the site has a safe and convenient access to a State Highway.

19.7.8.

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.

19.7.9.

Identify and evaluate all existing and potential conditions on the road system which could pose a threat to 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.).

19.7.10.

Identify potential alternative emergency routes to and from the site.

19.7.11.

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.

19.7.12.

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 (1) 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.

19.7.13.

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 DOT in a document titled "Interim Guidance for Implementation of AASHTO (1984) Green Bk."

19.7.14.

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.

19.7.15.

Access Drive Design and Construction. The vehicle access-way shall be constructed in accordance with the design and construction requirements of the Town Road Ordinance, except the paved width for the travel-way 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.

19.8.1.

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 Roxbury Zoning Regulations, Section 3.6.

19.8.2.

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.

19.8.3.

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. In addition, said water usage shall not adversely affect the existing water supply of adjoining properties.

19.8.4.

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 onsite 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 State Health Department that there is sufficient water.

19.8.5.

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.

19.8.6.

All electric, telephone, cable and other utility wires shall be underground.

19.8.7.

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.)

19.9.1.

All applicants shall comply with all of Section 6 and Section 7 of the Roxbury Zoning Regulations.

19.9.2.

The location of the affordable 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.

19.9.3.

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.

19.9.4.

Project completion. A minimum of half of the affordable housing units must be built within each of the first two (2) years, otherwise, the Zoning Commission shall determine the developers' 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.

19.10.1.

To maintain affordability, the title to said properties shall be restricted so that all Affordable 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 Affordable Housing in accordance with Connecticut General Statute Section 8-39a and/or 8-30g.

19.10.2.

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

19.10.3.

Rent increases in units, which are rented shall be allowed only to the extent that the new rent does not exceed the then current maximum rental for the Affordable unit.

19.10.4.

The developer, owner or manager of an Affordable Housing Development with rental units must file an annual certification of compliance with the Roxbury Zoning Commission. The Roxbury Zoning Commission has the right to inspect the income statements of the tenants.

19.10.5.

The sale or re-sale, sublease and re-letting of Affordable Housing units shall not occur until the new purchaser or renter provides the Zoning Commission of the Town of Roxbury with evidence of income qualification compliance with Connecticut General Statutes §8-39a. The developer, owner or manager of the property involved in the Affordable Housing development shall also provide information verifying a person or family's income for the prior three years. Upon approval of an Affordable Housing development under this Section 19 of the Regulations, the developer, owner or manager of an affordable housing development developed pursuant to Connecticut General Statutes S8-30g(a) and this Section 19 of the Regulations that includes rental units shall provide annual certification 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.

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.