A. Purpose. See
§ 177-13A for details.
B. Procedure.
(1) All open space developments of detached dwellings shall also be subject to the provisions of Chapter
A184, Subdivision Regulations, of the Code of the Town of West Hartford where those regulations are applicable.
(2) All open space developments of attached dwellings shall be subject to the provisions of §
177-42A, in which case the special use permit application shall include the information required by §
A184-20A and
B of the West Hartford Subdivision Regulations, as may be amended, and the Commission shall apply the evaluative provisions of the Subdivision Regulations. In addition, if subdivision of land is contemplated, all open space developments shall also be subject to all other provisions of Chapter
A184, Subdivision Regulations.
(3) To determine the number of dwelling units in an open space development, the applicant may choose either one of the following means:
(a) The total land area of the subject tract plus 1/2 of the area of all streets on which said tract has frontage and which are not part of said tract shall be divided by the average gross lot area according to the following schedule:
| District |
Average Gross Lot Area (square feet) |
| R-80 |
120,000 |
| R-40 |
60,000 |
| R-20 |
30,000 |
| R-13 |
19,150 |
| R-10 |
15,750 |
| R-6 |
9,000 |
(b) A preliminary subdivision plan of the subject tract conforming to Chapter
A184, Subdivision Regulations, shall be submitted to the Plan and Zoning Commission, and if said plan is approved by the Commission, the number of lots indicated on said preliminary subdivision plan shall equal the number of dwelling units permitted in the open space development.
(4) In approving the open space development, the Plan and Zoning Commission shall determine that the areas shown as open space on the plan are assured of continuing in such status, subject to legal instruments approved by the Corporation Counsel as adequate to ensure such permanence, through the mechanism of a homeowners' association obligated to maintain, protect and preserve the open space.
(5) In order to assure such permanency of open space, the Plan and Zoning Commission may require that the applicant furnish such legal documents as are necessary to guarantee such permanency.
(6) The Plan and Zoning Commission also shall determine that the individual owners have responsibility for the proper maintenance for the open space and other jointly owned areas and facilities and that in the ownership agreement there is an effective method for assessing the cost of such maintenance, including provisions deemed adequate by the Corporation Counsel entitling the Town of West Hartford to compel reimbursement by individual homeowners for costs necessary to maintain and protect the open space objective of this section.
(7) Land set aside as open space may be utilized to provide regrading necessary to construct houses or accessory uses and/or to construct required septic system areas for dwelling units located on the same lot. Disturbance of the land shall be the minimum necessary, consistent with good construction practices and as shown on the plot plan approved by the Town Engineer and the Town Planner. The disturbed surface of the land shall be returned to a natural state incorporating indigenous plantings after completion of the construction activity and shall not be considered to have been permanently altered per §
177-14A, Note 1. At the discretion of the Commission, land set aside as open space may be devoted to public or private passive recreation uses if kept in its natural state unless the result would be to weaken or negate the achievement of the objectives of this section.
(8) Any new roads in an open space development shall, whenever possible, follow existing contour lines to minimize erosion and to minimize the intrusion of the road into the natural and open environment these regulations are designed to encourage. Buildings and structures should similarly be located to minimize their visual intrusion into the environs and to maximize their ability to benefit from passive solar heating.
(9) In approving an open space development, the Commission shall determine that the overall traffic design is efficient and safe based on the traffic conditions in the area under review. In an R-80 open space development project, the number of entry/exit points onto heavily traveled Town or state public roads shall be minimized.
