C.0 General Regulations

The following regulations shall govern all proposals submitted under the cluster development provisions:

1. Cluster development shall be permitted in the residential district and in the general residence and agricultural district on tracts of land of not less than fifteen (15) acres having a minimum frontage of five hundred (500) feet on a public right-of-way, Class V or better.
2. However, in no case shall the overall density of development approved by the Planning Board exceed the density of the underlying district as provided in the Town of Wilton Zoning Ordinance, except as provided hereinafter in such paragraph 2(B). The following factors shall be considered by the Planning Board in determining the density for a proposed development under this regulation prior to addition of any Density bonus as provided hereinafter:
   1. 1. Capability of soil to support proposed development.
      2. Amount of disruption of slopes greater than 25%.
      3. Minimal disruption of wetlands.
      4. Availability of community services (schools, fire and police protection, etc.).
      5. Capability of roads off site to handle increased traffic generated by proposed development. Capability of interior roads to meet traffic requirements of develop- ment.
      6. Town water and Town sewerage available to site. In the alternative, the capability of the site to provide adequate water supply and the capability of the site to provide proper sewerage disposal for the proposed development.
      7. Anticipated population based upon proposed development.
      8. Public recreational opportunities.

   The Planning Board shall determine a density figure based upon the foregoing factors prior to determining any density bonus in accordance with sub-Paragraph b. hereinafter.

   2. The following factors shall be considered by the Planning Board in determining any density bonus to be awarded after the cluster has met the requirements set by the Cluster Regulations:
      1. Minimized access points onto existing roads.
      2. No development or disruption of slopes greater than 15%.
      3. No disruption of existing significant wetlands.
      4. Provision of green space buffer in excess of twice that required.
      5. Provision of interior green space between clusters in a significantly greater degree that required.
      6. Provision of a significant diversity of housing (measured by size and price) to meet the needs of lower income families.
      7. Attractive design use of the terrain.
      8. Low visibility impact of development off-site.
      9. Absence of development of frontage of lot in existence as of March 14, 1989. In the event of such development, the maximum bonus shall be limited to 12.5%. In the event the applicant's proposed development would also fail to meet the provisions of Paragraph 10 hereinafter, then no density bonus shall be available.
      10. In the event a proposed development is found by the Planning Board not to meet at least the objectives of five (5) of the objectives listed in sub-Paragraphs C(2) B(1) through C(2) B(9), inclusive within the spirit of the ordinance, then the maximum bonus shall be limited to 12.5%.

      In no case shall the density bonus as determined by the Planning Board exceed 25% of the density as determined in accordance with the density calculations for the underlying district. In determining a density bonus, the Planning Board shall specify those factors relied upon in reaching its determination.

      However, in no case shall the density of development approved by the Planning Board exceed four (4) dwelling units per gross tract acre.

3. Cluster developments shall not be required to conform to the minimum frontage, setback, and lot sizes required in the Zoning Ordinance but shall be so designed and constructed as to achieve the purposes of cluster development set forth in Paragraph B. of these Regulations. All development shall be set back from the exterior lot lines a minimum of 1.5 times the set-back required for the underlying district. In addition, all development in the Watershed District shall conform to the set-backs set forth in the Watershed District. Interior development set-backs shall be as follows:
   1. Single family dwellings shall be set back a minimum of 30 feet from adjacent single family dwelling units.
   2. Multi-family dwellings shall be set back a minimum of 50 feet from adjacent multi-family dwellings and single family dwellings.
4. The maximum number of dwelling units per building in the Residential District shall be 6 units per building where Town water and sewer are available and 4 units per building where Town water and/or sewer are not available. The maximum number of dwelling units per building in the General Residential Agricultural District shall be 3 units per building where Town water and sewer are available and 2 units per building were Town water and/or sewer are not available.
5. Where a cluster development abuts existing development, a landscaped buffer of sufficient width to provide an adequate division or transition between uses shall be established.
6. At least forty percent (40%) of the Gross Tract Area shall be set aside as common open space for the use and enjoyment of the residents of the development and/or of the general public and shall be permanently restricted for open space, recreation and conservation uses. Suitable recreation facilities and equipment shall be constructed or installed by the developer as determined through consultation with the Planning Board.
7. Open space within a cluster development either shall be deeded to the Town of Wilton; or shall be protected by recreation and conservation easements; or shall be leased or conveyed to be maintained as permanent open space; or shall be permanently protected in other suitable ways so as to guarantee the following:
   1. the continued use of such land for the intended purposes;
   2. continuity of proper maintenance for those portions of the open space land requiring maintenance;
   3. when appropriate, the availability of funds required for such maintenance;
   4. recovery for loss sustained as a result of casualty, condemnation or otherwise; and
   5. in the case of a homeowners’ association or similar form of ownership, that the membership and obligation of the residents of the cluster development be automatic upon the conveyance of title or lease to individual dwelling units.
8. The cluster development plan shall show the layout of all roads and shall differentiate between collector roads which move traffic into and/or through the development, and local roads which provide access to the individual dwelling units. Those roads which are collectors shall be built to the Town subdivision requirements for new public roads, and shall be offered to the Town for public acceptance. Local roads shall be built as hard surfaced roads to standards approved by the Planning Board and Road Commissioners, and may remain in private ownership. The Planning Board may permit a reduction in road size and construction requirements to that of a 50 foot right-of-way with an 18 foot sand or gravel surface collector road with 12 foot gravel driveways accessing no more than three (3) single family dwellings per common drive, where the density of proposed development is less than one (1) unit per 6 acres as determined in accordance with the requirements of the underlying district, and where the Planning Board determines such reduction is appropriate for the number of dwelling units to be constructed for providing public safety access; is appropriate to the terrain; and visually enhances the character of the neighborhood or Town.
9. All parking within the cluster development shall be provided for in paved off-street locations at a ratio of not less than two (2) spaces per dwelling unit.
10. Emergency vehicle access shall be provided to all structures within the cluster development.

11. The applicant shall propose defined milestones for reaching active and substantial development and substantial completion for the particular cluster development. Proposed milestones shall be notated on the cluster development plan before submission. The Planning Board shall determine and approve the defined milestones of both, active and substantial development and substantial completion for each particular cluster development plan, which shall then be noted on the approved plans.

    Reaching active and substantial development shall vest, in the approved cluster development, the rights defined in RSA 674:39, I, 5-year Exemption and RSA 676:4-a, Revocation. During the time period which active and substantial development must take place, the Planning Board may, for good cause, extend the initial 24-month period prior to its expiration. The Planning Board may also grant additional extensions on similar conditions prior to any current expirations.

    Reaching substantial completion shall vest, in the approved cluster development plan, the rights defined in RSA 674:39, II, 5-year Exemption.

    Reference Section B, Subdivision Regulations, for definitions of active and substantial development, and substantial completion.

12. Sufficient water supplies are vital to the Town’s ability to provide fire protection services. Fire alarms, fire hydrants, fire cisterns and other necessary fire protection measures for new developments shall be provided as specified by the Wilton Fire Department and in accordance with all applicable State and local requirements and regulations.

    Prior to the submission of any subdivision application, the applicant shall consult with the Wilton Fire Department. As a result of this consultation, the Fire Chief or his or her designee shall provide the Planning Board with a memorandum summarizing the Fire Department’s requirements, conditions, and recommendations for development. In the event the Fire Department requires installations or improvements that are not otherwise addressed by Town regulation, it shall also include specifications for such installations or improvements. Unless otherwise required by Town regulation, all permanent fire protection improvements and infrastructure shall be situated within existing or platted public rights-of-way or within an easement to be conveyed to the Town of Wilton.

    Should the Wilton Fire Department determine that the installation of a cistern is necessary for supplying adequate fire protection, the subdivision application shall comply with requirements and standards set out in Section I – Cistern Regulations of the Wilton Land Use Laws and Regulations. (Amended September 2, 2020)