Special Permits may be granted by the Planning and Zoning Commission for those uses designated as P in Section 8.2.

No Special Permit shall be approved unless the approving authority finds that the use will not be detrimental to the public health, safety, convenience, or property values, and that the use will be in conformity with the comprehensive zoning plan for the municipality.

The following factors shall be considered when making these findings:

a)

The suitability of the site for the intended use considering its size, area, shape, topography, subsoil conditions and presence of wetlands and watercourses.

b)

The ability of the adjacent roadway system to accommodate existing traffic and any increase in traffic generated by the proposed use.

c)

The availability and adequacy of supporting municipal services such as police and fire protection, water and sewer, storm drainage, sanitation services and the like.

All Special Permit uses are declared to possess such special characteristics that each shall be considered as an individual case. The approving authority may impose additional requirements if the review of the application has shown that additional requirements are needed to protect the public health, safety, convenience, or property values.

Additional requirements, conditions and safeguards shall include but not be limited to greater setbacks, additional landscaping or screening, additional parking, limitations on building height or bulk, a lesser number of occupants, storm drainage, a modification of the exterior appearance of any structure if needed to ensure neighborhood compatibility or reasonable limitations on hours of operation.

All Special Permit applications shall include a Site Plan as specified in Section 10 of these regulations and all Special Permit applications shall require a public hearing as required by Statute.

The Planning and Zoning Commission shall have a public hearing regarding any Special Permit submission. The Planning and Zoning Commission shall give notice of the hearing in the same manner as required by law for hearings on Special Permits per Connecticut General Statutes § 8-3c.

The Town shall provide a Notice of Hearing sign to be posted on any property that is the subject of a public hearing before the Board. Such signs shall meet the following requirements:

1.

Minimum size of 2' × 3'.

2.

Such sign shall be posted no more than five (5) feet from the street line and shall be clearly visible and readable from the street for the entire time of the required posting.

3.

Such sign shall be posted a minimum of ten (10) days prior to the date of the hearing.

4.

Such sign shall contain the following information:

a.

The statement "Notice of Hearing — Seymour Planning and Zoning Commission",

b.

Date of the hearing,

c.

Time of the hearing,

d.

Place of the hearing and,

e.

The statement "For more information please contact at # or visit the Seymour Town Hall".

5.

Surrounding property owners within seventy-five (75) feet from the property boundaries shall be notified by "Certification of Mailing" by the Applicant of the impending Public Hearing before the Seymour Planning and Zoning Commission. Notice shall include a brief description of the proposed Special Permit, location of proposed Special Permit, date, location and time of public hearing, and an invitation to attend such hearing.

Submission of stamped receipt(s) of the "Certification of Mailings" with the letter shall be filed with the Zoning Enforcement Officer as poof of notification.

All Special Permits shall be subject to the requirements of this Section 11, any special requirements set forth in Section 8.4 as applicable and any other general requirements as set forth in the body of these regulations. Requirements for Garden Apartments, Town Houses, Elderly Housing, In-Law Apartments, three-family and four-family Dwellings, Cluster Subdivisions and Earth Removal Operations are contained in their respective sections. If there is a conflict between a requirement in these specific sections and a requirement in the general body of the regulations, the requirement in the specific section shall apply.

11.1

General Requirements:

11.1.1

Application. The application shall include a Site Plan application and supporting plans and data as specified in Section 10 of these regulations. In addition, a statement shall be submitted giving the area of wetlands as determined by a soil scientist, lot coverage of principal and accessory buildings, and lot coverage of impervious surfaces. Plans and profiles of interior roadways shall be submitted if the development includes more than two (2) principal buildings. A traffic analysis may be required.

11.1.2

Phased Developments. The Planning and Zoning Commission may approve a Composite Development Plan allowing a parcel to be developed in two (2) or more phases. Approval of a Composite Development Plan shall represent the Commission's endorsement of the applicant's long-term plan for the entire tract but shall not be construed as approval of any individual phase. Each individual phase shall require Special Permit approval.

1.

A Composite Development Plan shall be drawn at a scale suitable for the degree of detail to be shown and shall show the location of principal and accessory buildings, number of dwelling units, layout of circulation and parking, proposed grading, accessory uses, limits of individual phases and anticipated construction timetable. Any community service or recreational areas or facilities shown of the plan shall be considered as an essential part thereof.

2.

Each phase shall be capable of independent existence without the approval of subsequent phases. Each subsequent Special Permit application shall faithfully implement the composite development plan. Substantial differences, including failure to include community service or recreational areas, shall be caused to reject the Special Permit application.

3.

A Composite Development Plan may be submitted at the same time as a Special Permit application for the first phase but shall be considered and acted upon as a separate application.

4.

The construction timetable submitted by the applicant shall be diligently pursued. Delays of five (5) years or more shall be cause for the Commission to reconsider its approval of any phase on the approved Composite Development Plan that has not been started.

5.

A Special Permit for any subsequent phase shall not be approved until all community service facilities, recreation facilities and off-site improvements included in any approved phase have been completed.

6.

Approval of a Composite Site Plan shall not prevent the Planning and Zoning Commission from amending the zoning regulations and map in the usual manner. A Special Permit application for any phase shown on an approved Composite Site Plans shall conform to such regulations as amended.

Garden Apartments, Town Houses, Specialized Housing for the Elderly, three- and four-Family Homes, Affordable Housing Zoning Developments and Conservation and Energy Efficient Community Developments are allowed by Special Permit granted by the Planning and Zoning Commission, as specified by Section 8.2, subject to the provisions of this section as well as all other applicable provisions of these regulations. Where there is a conflict, this section shall prevail.

11.2

Garden Apartments:

a.

Developments containing twenty-four (24) or more dwelling units shall have at least two (2) connections to a public road. One connection shall have a pavement width a minimum of twenty-four (24) feet and a right-of-way a minimum of forty (40) feet. The second connection may be for emergency vehicles only. Developments of less than twenty-four (24) units shall have at least one connection that meets the twenty-four (24) foot/forty (40) foot standards described above.

b.

Area. Parcels shall have a minimum lot area of two (2) acres and such size and shape that a two hundred (200) foot "square" will fit totally within its boundaries.

c.

Density. All Parcels shall have at least five thousand, five hundred (5,500) square feet of area for each dwelling unit.

d.

Lot Coverage. Total lot coverage of buildings and impervious surface shall not exceed thirty-three (33) percent of total parcel area.

e.

Buildings and Outdoor Private Space. There shall be no limit to the number of principal buildings. Buildings shall have no more than three (3) habitable stories, excluding basements and garages. Each dwelling unit shall have at least one hundred sixty-eight (168) square feet of private outdoor space in the form of a porch, deck, patio, balcony, or similar feature.

f.

Yards and Setbacks. Principal buildings shall be set back at least fifty (50) feet from each other or from any internal roadway. The width of front, side and rear yards shall be at least two and one-half (2½) times that required for the adjoining property or in the case of the front yard the property on the opposite side of the street if such adjoining property is in the R-18, R-40 or R-65 District. In other locations the front yard shall be sixty (60) feet, the rear yard shall be seventy-five (75) feet and the side yards shall be thirty-five (35) feet. Side and rear yards that abut property in the R-18, R-40 or R-65 Districts shall contain a landscaped or natural buffer area at least twenty (20) feet in width. The buffer shall provide a reasonably opaque barrier to a height of at least ten (10) feet. The front yard shall be suitably landscaped to present a pleasing appearance from the street.

g.

Interior Roadways. Streets shall have pavement shall have a pavement width of at least twenty-four (24) feet and a right-of-way a minimum of forty (40) feet. Roadways shall have an unobstructed, paved travel lane at least twelve (12) feet in width for each direction of travel. Horizontal and vertical alignment shall be based on design speed and sound engineering practice. In no event shall the horizontal curve radius at the centerline be less than thirty-five (35) feet. Maximum grade shall be twelve (12) percent, except that grades of up to fourteen (14) percent may be permitted for distances of less than one hundred (100) feet. The roadway system shall be designed to provide access to each structure for emergency service vehicles. Interior roadways shall remain private in perpetuity, and all Town road maintenance services including plowing shall stop at the property line.

h.

Parking. There shall be no parallel parking permitted on internal roadways. Parking lots shall be located at least twenty (20) feet from any property line. The required parking for each building shall be located within two hundred (200) feet of the building served and connected thereto by a paved walkway at least four (4) feet in width. The walkway shall be illuminated throughout its entire length. The requirements of Section 20 of these regulations shall apply.

i.

Utilities. Utility lines and wires shall be underground. Streetlights may be required at the project entrance, at intersections of internal roadways and at entrances to parking areas. At least one (1) fire hydrant shall be located within one hundred (100) feet of each residential structure, and there shall be at least one (1) fire hydrant for each twenty (20) dwelling units.

j.

Signs. One freestanding sign, having an area not to exceed fifty (50) square feet identifying the development is permitted. There may be one (1) sign per building, not to exceed an area of ten (10) square feet except that a sign identifying a community building may be up to thirty (30) square feet. Street name and directional signs are allowed as needed.

k.

Open Space. At least thirty (30) percent of the area used for calculating permitted density shall be reserved as common space. Open space shall be designated on the Site Plan and distributed throughout the project in a reasonably uniform manner so that all residents may benefit.

l.

Renovation of Existing Buildings. The less restrictive density requirement of five thousand five hundred (5,500) square feet per unit shall apply. Other requirements of this Section 10.1.3 including road connections, open space, habitable stories, lot coverage, parking and setbacks may be modified by the Planning and Zoning Commission if existing conditions related to the building or site prevent full compliance. Compliance shall be as complete as existing conditions will allow.

11.3

Town Houses:

a)

Site Requirements. The site shall have at least one (1) connection to a public road, such connect ion having a minimum pavement width of twenty-four (24) feet and minimum property right-of-way width of forty (40) feet. Developments containing more than twenty-four (24) dwelling units shall have at least two (2) such connections. One of the entrances may be a limited emergency accessway.

b)

Density. The requirements of Section 11.2.c shall govern.

c)

Lot Coverage. The requirements of Section 11.2.d shall govern.

d)

Buildings and Private Outdoor Space. There shall be no limit to the number of principal buildings. No building shall contain more than four (4) dwelling units, except that up to ten (10) units per building are allowed if multiple levels of architectural relief of the front of the building is provided. Each dwelling unit shall have at least four hundred (400) square feet of private outdoor space delineated by a fence, wall, plantings, or similar method.

e)

Yards and Setbacks. Principal and accessory buildings shall be at least thirty (30) feet from each other and at least twenty-five (25) feet from an internal roadway. Front, side, and rear yards shall be as specified in Section 11.2.f. A buffer as specified in this same Section shall be provided.

f)

Internal Roadways. Internal roadways shall be as specified in Section 11.2.g.

g)

Parking. Parking shall be as stated in Section 11.2.h, except that at least one (1) covered parking space shall be assigned to each dwelling unit.

h)

Utilities. Utilities shall be as stated in Section 11.2.i.

i)

Signs. Permitted as stated in Section 11.2.j.

j)

Open Space. Requirements of Section 11.2.k shall apply.

11.4

Specialized Housing for the Elderly:

1.

Site Requirements. All principal building shall be connected to the municipal sanitary sewer system and a public water supply. Parcels shall have a minimum lot area of two (2) acres, be of such size, and shape that a two hundred (200) foot "square" will fit totally within its boundaries. Nursing or convalescent homes having a capacity of more than fifty (50) beds, and congregate living facilities having a capacity of more than twenty-four (24) dwelling units, shall have a principal connection to a public road as well as a hard surfaced accessway for emergency vehicles. The principal connection shall have a pavement width of at least twenty-four (24) feet.

a)

Density. The parcel shall contain at least one thousand two hundred fifty (1,250) square feet of lot area for each bed in a nursing or convalescent home, and at least eight thousand (8,000) square feet of lot area for each dwelling unit in a congregate living facility. Lot area restrictions for calculating density stated in Section 5.2 shall apply.

b)

Lot Coverage. The requirements of Section 11.2.1.d shall apply.

c)

Buildings. A nursing or convalescent home shall have a capacity of not more than one hundred thirty (130) beds. No single building containing congregate living units shall contain more than twenty-four (24) such units. Buildings shall have no more than three (3) usable stories, excluding basements and garages. Buildings shall not exceed a height of thirty-five (35) feet except that building height may be up to forty (40) feet if justified by special architectural considerations.

d)

Yards and Setbacks. The requirements of Section 11.2.1.f shall apply.

e)

Internal Roadways. If required, the provisions of Section 11.2.1.g shall apply.

f)

Parking. The requirements of Section 11.2.1 g shall apply, except that the required number of spaces shall be as follows. Convalescent or nursing homes shall have one (1) space for each person employed at any one (1) time plus one (1) space for each four (4) beds. If community meeting rooms, day care or other such services are provided, additional parking shall be required as specified in Section 20.3. Congregate housing facilities shall provide one and one-quarter (1¼) spaces for each dwelling unit plus one (1) space for each person employed at any one time.

g)

Utilities. The requirements of Section 11.2.1.i shall apply to congregate living projects including more than two principal buildings.

h)

Signs. One (1) sign identifying the project and having an area of no more than fifty (50) square feet is permitted. This may be either free standing or attached to the building. Building identification, street name and directional signs are permitted as needed.

i)

Supporting Services. Congregate housing facilities shall contain formal areas suitable for social and leisure time activities. The plan shall also include physical facilities for supportive services such as common dining, housekeeping, laundry, and medical care.

j)

Open Space. Requirements of Section 11.2.1.k shall apply.

k)

Pursuant to Connecticut General Statutes § 8-2i, the Planning and Zoning Commission may, upon a finding of compliance with Section 11, adjust the development standards for a congregate, independent or assisted living facility under the ownership and control of the Seymour Housing Authority as follows:

1.

Lot coverage for principal and accessory buildings may be up to thirty-five (35) percent. Total lot coverage (buildings plus impervious surface) may be up to fifty (50) percent.

2.

Lot area per dwelling unit may be reduced to three thousand (3,000) square feet for parcels larger than two and one-half (2½) acres and to one thousand eight hundred fifty (1,850) square feet for parcels two and one-half (2½) acres or less.

3.

The total number of dwelling units or beds, or combination thereof, in a single building may be increased to up to eighty (80).

4.

Open space may be reduced to twenty (20) percent of the parcel area.

5.

Parking may be reduced to one (1) space per two (2) units.

6.

Minimum lot size, shape and setback requirements may be reduced by up to twenty (20) percent.

7.

For parcels of two and one-half (2½) acres or less, the setback requirements shall be that of the adjoining zone, provided the building height does not exceed that of the adjoining zone. For all other parcels, the setback requirements of may be reduced by twenty (20) percent.

11.5

Three- and Four-Family Dwellings:

a.

Authorization. The Planning and Zoning Commission is hereby authorized to grant a Special Permit for three- and four-family dwellings in an R-18 Zoning District in accordance with the requirements of this section and all other applicable requirements of these regulations.

b.

Location. Three- and four-family dwellings shall be located exclusively in areas containing similar mixed housing types and prohibited from areas containing detached single-family dwellings only. Duly approved Subdivisions where the prevailing lot area is fifteen thousand (15,000) square feet, among other areas, shall be considered as areas containing single-family dwellings only.

c.

Density. New construction shall require at least ten thousand (10,000) square feet of lot area per unit. Conversions of existing structures shall require at least eight thousand (8,000) square feet of lot area per unit. If building additions are proposed, the requirements for new construction shall apply to the entire project. Land area identified as wetlands, land area having a slope of more than twenty (20) percent and the area of any easements or rights-of-way shall be deducted from total parcel area for purposes of calculating permitted density.

d.

Parking. There shall be at least two (2) off-street parking spaces per dwelling unit. Each space shall have direct access to a driveway or maneuvering lane. Tandem arrangements are prohibited. No parking is permitted in the required front yard. Parking areas and driveways shall be paved with bituminous concrete.

e.

Usable Outdoor Space. There shall be at least five hundred (500) square feet of usable outdoor space per dwelling unit. A deck, patio or balcony may be used to meet a portion of this requirement. The area of the required front yard shall not be considered as usable outdoor space

f.

Yards, Setbacks and Screening. New construction or additions to existing structures shall have a side yard and rear yard at least equal to the highest point of the principal building or shall meet the requirements of the R-18 Zoning District, whichever is greater. Screening or buffer strips consisting of opaque fencing or plantings to a height of at least ten (10) feet shall be provided along any side or rear lot line common to a lot containing a single-family dwelling.

g.

Utilities. Each dwelling unit shall be served by a public water supply system and connected to the municipal sanitary sewer system.

h.

Affordability. Dwellings constructed or altered under the provisions of this section shall contain affordable units. A three-family dwelling shall contain at least one (1) affordable unit. A four-family dwelling shall contain at least two (2) affordable units. Affordability shall be assured by an agreement between the Town and the property owner which agreement shall be filed on the land records and binding on all subsequent owners for a period of thirty (30) years.

i.

Application. Application shall be made on a form provided by the Planning and Zoning Commission accompanied by the established fee. A Site Plan prepared to the standards of an A-2 survey shall be submitted showing at least property lines, principal and accessory buildings, driveways, and parking areas, designated open space, landscaping and screening, proposed grading and location of wetlands and watercourses. Density calculations as specified in Section 11.2.1.c above and a map showing existing land use in the immediate area shall be submitted. Architectural elevations of new buildings or additions to existing buildings are required.

j.

No application will be accepted and placed on the Commission's agenda for consideration until it is complete in all respects.

k.

Renovation of Existing Building. The density requirement of five thousand five hundred (5,500) square feet per unit shall apply. Other requirements, including road connections, open space, habitable stories, lot coverage, parking, and setbacks, may be modified by the Planning and Zoning Commission if existing conditions related to the building or site prevent full compliance. Compliance shall be as complete as existing conditions will allow.

11.6

Affordable Housing Zone (AHZ):

11.6.1

Intent and Purpose. The purpose of this Affordable Housing Zone regulation is to establish regulations governing the development of a residential community that will provide the Town of Seymour and the region with multi-family market-rate rental units and rental units that are subject to long-term restrictions that will ensure their accessibility for moderate income and low-income households. This regulation establishes standards to facilitate such development on selected parcels on which construction will be consistent with soil types, terrain, and infrastructure capacity.

11.6.2

Eligible Zoning Districts and Parcels. Parcels may be zoned AHZ upon satisfaction of the following requirements:

a)

Existing zoning designation of Multi-Family (MF) District or R-18 District; provided however, no more than two (2) acres can be zoned R-18.

b)

Satisfaction of the Site Requirements of Section 11.6.4; and

c)

Satisfaction of the Development Standards of Section 11.6.7.

d)

An AHZ parcel may utilize noncontiguous property across a road for drainage and utility purposes, only. Such site area shall not count towards calculation of lot area as provided in Section 11.6.4 below and shall not count toward compliance with any required development standard provided in Section 11.6.7.

11.6.3

Site Requirements.

a)

Each dwelling unit shall be served by the municipal sanitary sewer system and a public water supply system.

b)

Developments containing twenty-four (24) or more dwelling units shall have at least two (2) connections to a public road. One (1) connection shall have a pavement width of at least twenty-four (24) feet and a lot area width of at least fifty (50) feet. The second connection may be for emergency vehicles only. Developments of less than twenty-four (24) units shall have at least one connection that meets the twenty-four (24) foot/fifty (50) foot standards described above.

c)

Parcels shall have a minimum lot area of four (4) acres and such size and shape that a 200-foot square will fit totally within its boundaries.

11.6.4

Permitted Uses.

a)

Affordable Housing Development.

b)

Uses customary incidental and subordinate to the above uses when located on the same lot, such as tenant amenities and facilities management office.

11.6.5

Affordable Units. The purpose of the AHZ is to facilitate a residential development containing both market-rate and price-restricted units that comply with Connecticut General Statutes § 8-30g of the Connecticut General Statutes. Such price-restricted, a/k/a "affordable" units are referred to herein as "Affordable Units." The following requirements shall apply to Affordable Units in an Affordable Housing Development.

a)

Affordable Units shall be of a construction quality that is comparable to market-rate units within a development.

b)

Affordable Units shall be built on a pro rata basis as construction proceeds.

c)

Calculation of the maximum monthly payment for an Affordable Unit, so as to satisfy Connecticut General Statutes § 8-30g, shall utilize the area median income data as published by the U.S. Department of Housing and Urban Development (a) for a rental unit, as in effect on the day the lease is signed; and (b) for an ownership unit, as in effect on the day a bond for deed or similar contract of conveyance is accepted by the seller.

d)

The maximum payment that the occupant for an Affordable Unit shall not be greater than the amount that will preserve such unit as "affordable housing" as that term is defined in General Statutes Section 8-30g, and shall include the following:

1.

For rental housing, the maximum monthly housing payment shall include the cost of rent; common charges in the case of a rental in a common interest community, if the tenant is directly responsible; heat; and utility costs, including hot water and electricity, but excluding telephone and cable television.

2.

For ownership housing, the maximum monthly housing payment shall include periodic mortgage payments, based on a commercially reasonable down payment for affordable housing buyers and prevailing interest rates at the time of sale; taxes; insurance; common charges in the case of ownership of a unit in a common interest community; heat; and utility costs, including hot water and electricity, but excluding telephone and cable television.

e)

Affordable Units shall be occupied only as a tenant's or purchaser's principal residence. Subletting of Affordable Units shall be prohibited.

f)

At the same time that the market-rate units in an AHZ development are advertised to the general public, notice of availability of the Affordable Units shall be provided by advertising such availability in the real estate section of a newspaper of general circulation in the Town of Seymour, and providing notice to the Seymour Board of Selectpersons, the Seymour Town Clerk, and the Seymour Planning and Zoning Commission.

g)

Each deed or lease for an Affordable Unit will contain substantially the following provision:

This unit is sold or rented as an "affordable housing unit" as defined in Connecticut General Statutes § 8-30g, and is available only to persons or families whose income is at or below eighty (80) percent or sixty (60) percent, as applicable, of the area median income for Seymour or the statewide median income, whichever is less, as annually determined by the U.S. Department of Housing and Urban Development. This development has been approved by agencies of the Town of Seymour based in part on the condition that a defined percentage of the units will be preserved as affordable housing units. The restrictions related to affordability are required by law to be strictly enforced.

h)

The forty (40) year affordability period shall be calculated separately for each Affordable Unit in an AHZ development, and the period shall begin on the date, as defined at closing, or initial occupancy of the Unit.

i)

In conjunction with an application for approval of a site plan for an AHZ development, the applicant shall submit an "Affordability Plan," which shall describe how the regulations regarding affordability will be administered. The Affordability Plan shall include provisions for administration of and compliance with the provision of this section, notice procedures to the public of the availability of affordable units, identification of those units that are to be designated affordable, procedures for verification and periodic confirmation of unit occupancy income, and compliance with affordability requirements.

j)

A violation of the Regulations contained in this Section shall not result in a forfeiture or reversion of title, but the Planning and Zoning Commission shall otherwise retain all enforcement powers granted by the Connecticut General Statutes, including the authority under Connecticut General Statutes § 8-12 to issue notices of violation, to impose fines, and to seek injunctive relief.

11.6.6

Development Standards.

a)

Development in the AHZ shall be exclusively governed by the provisions of this Section 10.3, and not those contained in the body of the zoning regulations, unless otherwise provided in this Section 11.6.

b)

Density. The parcel shall have a minimum lot area of four thousand seven hundred fifty (4,750) square feet for each dwelling unit.

c)

Open Space. At least fifty (50) percent of the lot area shall be reserved as open space for the benefit of the residents of the Affordable Housing Development only. Open space shall include all pervious lot area, provided however, it shall specifically exclude parking spaces, drive aisles and vehicular access areas. Open Space shall be designated on the site plan and distributed throughout the project in a reasonably uniform manner so that all residents may benefit.

d)

Yards and Setbacks. Principal buildings shall be set back at least twenty (20) feet from each other or from the curb of any internal roadway. The required front yard shall be sixty (60) feet from the property line, the required rear yard shall be seventy-five (75) feet from the property line, and the required side yard shall be thirty-five (35) feet from the property line. Side and rear yards that abut a residential zone shall contain a landscaped or natural buffer area of at least fifteen (15) feet in width. The buffer shall provide a reasonably opaque barrier to a height of at least ten (10) feet. Provided, however, the foregoing landscaped, or natural buffer area requirement shall not apply to the first one hundred (100) linear feet on either side of a vehicular accessway.

e)

Coverage. There shall be no limit to the number of principal buildings. Total building coverage shall not exceed twenty (20) percent of lot area. Total impervious coverage shall not exceed fifty (50) percent of lot area.

f)

Building Height. Principal Buildings shall be no more than three (3) habitable stories, excluding basements and garages, and forty-five (45) feet high. Accessory structures shall not exceed a height of twenty-five (25) feet. Building height is measured as the vertical distance from the average finished ground surface elevation to the roof's highest point.

g)

Parking. Parking shall be provided at a minimum of one and three-quarters (1¾) spaces per dwelling unit. Parallel parking is permitted on internal roadways, but parking spaces shall be located at least twenty (20) feet from any property line.

h)

Signs. Two freestanding signs having an area not to exceed fifty (50) square feet identifying the development are permitted. In addition, there may be one ground sign or wall sign per building, not to exceed an area of ten (10) square feet except that a sign identifying a community building may be up to thirty (30) square feet. Street name and directional signs are allowed as needed.

i)

Landscaping. All areas not covered by either a principal or accessory building or pavement either shall be left in its natural state or shall have a ground cover of grass or planting sufficient to prevent wind or water erosion and present a pleasing experience.

11.6.7

Utility and Driveway Requirements.

a)

There shall be a public water supply and municipal sewer system adequate to meet the needs of the development.

b)

All utilities shall be installed underground.

c)

Detailed utility structures such as dumpsters, air conditioning units, transformers and the like shall be enclosed by buildings, embankments, fences, walls, plantings, or otherwise screened from pedestrian view. There is no maximum height for retaining walls.

d)

All common areas are to be maintained by the property owner, if a rental community, or by an association of unit owners, or a designee.

e)

All internal roads and driveways shall be private and have an unobstructed travel lane of at least ten (10) feet in width for each direction of travel. Maximum grade shall be twelve (12) percent, except that grades of up to fourteen (14) percent may be permitted for distances of less than one hundred (100) feet.

f)

There shall be a storm drainage system that shall collect, carry off and dispose of surface water runoff. On-site detention shall be required only if the increase in storm water runoff cannot be accommodated by the storm drainage system as it exists or may be improved by the applicant.

11.6.8

Application Procedures and Requirements. An affordable housing application seeking a change of zone shall include the submission of a conceptual site plan describing the proposed development's total number of residential units and their arrangement on the property and the proposed development's roads and traffic circulation, sewage disposal and water supply.

11.7

Conservation and Energy Efficient Community (CEEC):

11.7.1

A residential development on parcels of land fifteen (15) acres or greater in the R-40 zone of up to four (4) attached units with no more than two (2) bedrooms per unit that preserves existing natural and environmental features and incorporates energy efficient building and utility elements. The goal of the CEEC is to develop large parcels in the R-40 area in a manner that preserves natural features, protects environmental areas, provides buffers from existing one-family development and promotes market rate affordable residential options that are highly energy efficient.

a.

A CEEC shall be permitted only on parcels in the R-40 Zone that are twenty (20) acres or larger upon the approval of a Special Permit.

b.

Residential unit density shall not exceed two and one-half (2½) units per gross acre.

c.

Residential units may be one (1) to four (4) unit buildings and shall contain no more than two (2) bedrooms per unit if ten (10) percent of the units may be handicapped accessible with a third (3 ^rd ) bedroom. The units may be individual ownership, common ownership or rental units with a homeowner's association, condominium association or Declaration of Covenants and Restrictions as appropriate. All residential buildings shall have a height of no more than thirty-five (35) feet.

d.

Interior Roadways:

1)

All interior roadways shall be constructed to the standards specified in Section 4.5.2, Figure 1, of the Seymour Subdivision Regulations, except for width of pavement and right-of-way. Roadways shall have a paved travel lane at least twelve (12) feet in width for each direction of travel. Horizontal and vertical alignment shall be based on design speed and sound engineering practice, but in no event shall the horizontal curve radius at the centerline be less than thirty-five (35) feet. The maximum road grade shall be twelve (12) percent except that grades of up to fourteen (14) percent may be permitted for distances of one hundred (100) feet or less.

2)

All interior roadways shall remain private in perpetuity and be maintained, repaired, and/or replaced by the owner or association. A Declaration of Road Maintenance in a form approved by Town Counsel and the Board of Selectpersons shall be recorded on the land records immediately after the recording of the Special Permit in accordance with Connecticut General Statutes Section 8-3d. The Declaration must contain a requirement that the property owner and/or association shall always keep all roadways open and passable for town emergency services such as police, fire, and ambulance.

3)

Interior roadways shall be designed to accommodate sidewalk and snow shelf on one side of the roadway.

e.

Open Space: Forty (40) percent of the CEEC shall be open space either by deed to the Town or Seymour Land Trust or by Conservation Easement to the Town and shall provide, where necessary, a buffer to existing uses abutting the CEEC. Except as provided below, Open Space shall not contain a greater percentage of wetlands, watercourses, slopes over twenty (20) percent than the percentage of wetlands, watercourses, and slopes over twenty (20) percent within the property to be developed. In determining if the location of the open space is satisfactory and if it should be in fee or easement, the Commission shall consider the following factors:

1)

The natural condition and location of the open space as a buffer to abutting properties not part of the CEEC and the existing and potential uses of the abutting properties.

2)

The proximity or connectivity of the open space to other open space of the Town or Land Trust and/or other properties likely to remain in their natural state.

3)

The protection of natural features including but not limited to ridgelines, forests, and wetlands within the open space.

4)

The Commission may determine that, based on the factors in subsections e(1)(2) and (3) above, (i) a proposed open space parcel of less than forty (40) percent but greater than twenty-five (25) percent is significant and beneficial to acquire or preserve and/or (ii) a proposed open space parcel with wetlands, watercourses and slopes greater than twenty (20) percent greater than the percentage of wetlands, watercourses and slopes over twenty (20) percent within the property to be developed is significant and beneficial to acquire or preserve.

If the Commission makes such a determination, it shall state on the record the factors listed in subsections e (1) (2) (3) above that support such determination.

f.

Utilities and Energy Conservation:

1)

The CEEC shall be solar oriented with every unit having solar electric power in accordance with any state, federal or public utility regulations as may be amended.

2)

Wind or geothermal energy shall be permitted, subject to such restrictions as may be imposed related to the impact of wind generation systems on abutting properties.

3)

The CEEC shall be served by the municipal sanitary sewer system and a public water supply.

4)

Except for lines or structures related to the generation of wind or solar power, electric power, telephone, and similar utility lines shall be underground.

5)

The construction materials and standards for the residential units shall be such as to minimize the annual energy requirements (AER) for lighting, power, heating, cooling and hot water through energy efficient building design, passive solar building orientation, and high efficiency heating, cooling and ventilation building systems. The construction materials and standards for the residential units shall result in the building having reduced energy consumption to the extent that electrical power required by the buildings shall be provided, to the greatest extent possible, by on-site generation systems.

g.

Recreational and Social Amenities: A clubhouse and/or recreational facilities restricted to use by the residents shall be permitted in the area not designated as open space/buffer except for walking paths for the residents as approved by the Commission.

h.

Parking: Parking shall be provided at a minimum of two and one-half (2½) spaces per dwelling unit, provided that up to one-half (½) of the spaces may be designated as reserve spaces. Any spaces designated as reserve spaces must be shown to be able to be constructed as parking spaces of adequate size and grade.

i.

Setbacks: Principal buildings and clubhouse and recreational facilities shall be setback at lease twenty-five (25) feet from each other or the curb of any internal roadway and thirty-five (35) feet from all parcel property boundaries.

11.7.2

Application Procedures and Requirements:

a.

While not required, the Commission recommends that, prior to the submission of a formal application for approval of a CEEC, the applicant review with the Commission and its staff in a preliminary and informal manner any proposal for a CEEC.

b.

An application for Special Permit approval in accordance with Section 11 with site plans as required by Section 10 herein shall be submitted to the Commission.

c.

The site plan shall locate the natural features to be preserved by open space or easement and the distance from adjacent residential uses to the closest proposed units in the CEEC.

d.

Color architectural elevations of all proposed units with floor plans of each proposed unit and any common building shall be submitted. The elevations shall identify the exterior treatments for all buildings.

e.

In addition, the applicant shall submit a narrative that includes the following:

1)

The natural features of the subject property that will be protected by the open space designation and whether the open space should be in fee or by conservation easement.

2)

Any social and/or recreational features.

3)

The proposed renewable energy sources and energy efficient construction methods to achieve zero net energy.

4)

Whether residential use will be in fee, common ownership or residential.

f.

Copies of proposed easements, Declarations of Maintenance, Covenants and/or Homeowner Association Agreements shall be submitted with the application.

g.

The Commission may require other reports such as traffic, marketing and fiscal as it deems necessary upon review of the application.

h.

If approved by the Commission, the Special Permit shall be recorded in the Seymour land records with all conditions of approval.