All special permit uses identified in these regulations are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case. Special permit uses as set forth in these regulations are deemed to be permitted uses in their respective zoning districts when granted by the Commission, subject to the satisfaction of the requirements and standards set forth in § 315-117 of these regulations. Site plan approval shall be required for all special permits approved by the Commission.
A.
Purpose. The purpose of this section is to permit
variations in height, bulk, density, and residential use types which
would not otherwise be possible in order to meet the special housing
needs of those age 55 years and older, and to permit flexible site
design so that an active-adult housing development may be constructed
in harmony with natural site features as a special permit.
B.
Pre-application conference. Prior to the submission
of an application for an active-adult housing development, all applicants
are required to initiate a pre-application conference with the Commission
and its staff to discuss the conceptual aspects of the proposed development
and to prepare and present a conceptual plan for informal consideration.
The conceptual plan should contain all necessary information to allow
the Commission to make an informed informal consideration, including
the locations of wetlands, slopes in excess of 20%, and all proposed
roads, building lots, and open spaces.
C.
Procedure.
(1)
Approval and filing requirements. The Commission may permit the establishment of active-adult housing and its accessory uses in all residential zones and the Neighborhood Commercial Zone. An approved site plan shall be filed as required in Article XIV of these regulations.
(2)
Homeowners' association. Active-adult housing development
shall be developed and occupied in a common interest community form
of ownership per CGS Chapter 828, i.e., Common Interest Ownership
Act. A homeowners' association must be legally established prior to
filing the approved plans; membership must be mandatory for each home
buyer and any successive buyer and recorded in all deeds; open space
restrictions must be permanent and not just for a given period of
years; the association must be responsible for liability insurance,
taxes, and the maintenance of recreational and other facilities; homeowners
must pay pro rata share of the cost or the assessment levied by the
Town or the same may become a lien upon the delinquent member's property
and share of the common space in the development; the instrument establishing
the association must be submitted for approval as part of the application;
and each owner shall own a proportionate share of the common land
shown on the plan and a statement to that effect shall be indicated
on said plan.
(3)
Bonding. Estimates of construction costs for roads,
storm drains, sidewalks, hydrants, streetlights and other common facilities
and site erosion and sedimentation control shall be prepared and submitted
to the Commission for approval after the appeal period for approval
has expired. Sureties must be received and approved by the Commission's
counsel and the Treasurer's office prior to the start of construction.
D.
Area and yard requirements. Where an active-adult
housing project proposes that not less than 25% of the dwelling units
be "affordable" as defined in CGS § 8-30g, the Commission
may, by three-fourths vote, waive any of the following standards if
it finds that such waiver will be harmonious with the Plan of Conservation
and Development and will not adversely impact existing adjacent residential
neighborhoods.
(1)
Minimum lot size: 10 acres.
(2)
Minimum lot frontage: 125 feet on specific existing collector or arterial streets as specified in Subsection H(1). The minimum lot frontage requirement may be reduced by one foot for every two feet by which the development's front yard setback is increased; provided, however, that the lot frontage is not reduced to less than 50 feet. Where the increased setback/reduced frontage provision is used, no pavement, parking area, or impervious areas other than the access road shall be allowed within the additional setback.
(3)
Maximum density: five dwelling units per developable
acre not to exceed 50 dwelling units total per development unless
in a PDA Zone where seven units per developable acre are permitted.
(4)
Minimum building setback from existing public streets:
100 feet.
(5)
Minimum building setback from property boundary: 50
feet unless adjacent to an existing PDA Zone in which case 20 feet
side and 40 feet rear yards.
(6)
Maximum lot coverage: 30%.
(7)
Maximum building height: 2 1/2 stories, 30 feet.
(8)
Distance between structures: 20 feet minimum.
(9)
Minimum building setback from proposed roads in development:
20 feet where no sidewalks are placed adjacent to roads and 30 feet
where sidewalks are provided.
E.
Open space requirements. A minimum 50% of the site
shall be preserved as open space, of which at least 25% must be suitable
for active recreation. The Commission may require the following types
of open space:
[Amended 11-19-2004]
(1)
Open space identified in the Plan of Conservation
and Development;
(2)
Open space that is contiguous to existing open space
areas or in areas of the site with the highest probability of connection
with future open space;
(3)
Pedestrian access between properties and perimeter
design concept to facilitate networking of pedestrian trails;
(4)
Scenic view easements or preservation of vistas as
seen from public roads;
(5)
Streets to be laid out in a curvilinear fashion;
(6)
Preservation of historic sites and their environs;
(7)
Buffer areas to minimize conflict between existing
residential uses;
(8)
No-cut or limited-clearing areas on lots;
(9)
Covenants or easements to ensure existing fields will
be mowed or plowed;
(10)
Fencing;
(11)
Agricultural buffers;
(12)
Screening fences or walls, including landscaped
berm along property lines; and
(13)
Active recreational amenities such as tennis
courts, swimming pools, community rooms, etc.
F.
Occupancy restrictions. The following occupancy restrictions
shall be incorporated into the bylaws of the common interest ownership
community:
(1)
The occupancy of any dwelling unit shall be limited
to not more than three persons, one of whom shall be 55 years of age
or older.
(2)
The spouse who survives his or her qualified spouse
may continue to reside in such unit, notwithstanding that there may
no longer be an occupant who is 55 years or older.
(3)
No persons under the age of 18 years shall be allowed
to reside in any unit, except for a paid caregiver.
(4)
The purchase of any units for investment shall not
be allowed. A nonresident family member may purchase up to one unit
for another family member who will reside in the unit and otherwise
comply with the provisions of this regulation.
(5)
An owner or family-related member of a dwelling unit
must reside in his or her unit for a minimum of one year.
G.
Living unit types and sizes.
H.
Other design requirements.
(1)
Location. Active-adult housing is only permitted on
the following arterial and collector roads with public water and sewer:
North and South Main Streets, East Street, East Street South, South
Street, Thompsonville Road, Mapleton Avenue, Bridge Street, Thrall
Avenue, Remington Street and Suffield Street.
(2)
Public and private improvements. All public and private
utilities, streets, and related improvements shall conform to Town
of Suffield Subdivision Regulations design standards, except that
a twenty-four-foot pavement width is the minimum required for any
private roadway or street in the development and the Commission may
require a performance bond for private improvements. The owner shall
provide and maintain all private road and parking areas as may be
required.
(3)
Parking. The parking requirements of Article VII of these regulations shall be applicable to active-adult housing except as modified by this section. A minimum of 2 1/2 parking spaces shall be provided for each dwelling unit. No parking spaces shall be located within the required front yard and all parking spaces visible from a public street shall be landscaped with Type "B" screening according to Article VIII of these regulations.
(4)
Landscaping plan. The landscaping provisions of Article VIII of these regulations shall be applicable to active-adult housing except as modified by this section. A forty-foot-wide landscaped buffer area shall be provided within the fifty-foot building setback wherever an active-adult housing development abuts a single-family residential development. The buffer shall be installed in compliance with the Type "B" screening requirements. A landscape plan prepared by and containing the seal of a landscape architect registered by the State of Connecticut shall be prepared and include a list and count of all trees and shrubs to be planted by common and botanical names, size (caliper, height, time until maturity) at planting, and height and spread at maturity and shall be part of the active-adult housing application. All trees and shrubs to be undisturbed shall be tagged, or otherwise identified in the field prior to commencement of site work, and shall be shown on the landscape plan.
(5)
Outdoor lighting. The lighting provisions of § 315-19 of these regulations shall be applicable to active-adult housing.
(6)
Solid waste disposal. Solid waste stations (dumpsters)
shall be placed on a concrete pad, appropriately screened, maintained,
and shown on the approved site plan.
(7)
Sidewalks. Sidewalks shall be required to provide
sufficient and safe pedestrian circulation both within the site and
to abutting properties.
The Commission, as a special use after public
hearing, may permit the establishment of an adult-oriented use in
the Industrial (I) Zone as follows:
A.
Location requirements. The center of the main entrance
of an adult-oriented establishment shall not be closer than 800 feet
(measured in a straight line) to the center of the main entrance of
another adult-oriented establishment or the nearest property line
of any lot used as a place of worship, public library, day-care facility,
community recreation building, playground or park, sports field, school
(as defined by standards recommended by the State Board of Education
and the State Department of Education), or any residential zone. Said
distance requirement may be waived by a two-thirds vote of the Commission,
provided that the applicant has submitted a petition, at or before
the public hearing, signed by the owners of 51% of the residences
and commercial establishments within a distance of 1,250 feet of the
proposed location and provided that the Commission makes the following
findings:
(1)
The proposed use will not be detrimental to nearby
property values, and the spirit and intent of this regulation will
be observed.
(2)
The establishment of an additional use of this type
in the area proposed will not be contrary to any residential or nonresidential
programs of neighborhood conservation or improvement.
(3)
The proposed use will not cause additional crime in
the area.
B.
Time limit. Each special permit shall be issued for
one year and shall automatically be renewed on an annual basis without
application, provided the Zoning Official certifies there were no
violations of the regulations during the year. If certification cannot
be made, the Zoning Official shall provide written notice to the holder
of the special permit that a new application is required. The applicant
may continue to operate under the special permit until such time as
the new application for renewal is denied.
The Commission may grant a special permit after
public hearing to allow affordable housing as defined by CGS.
A.
Purpose. Higher density zoning may be permitted on
a limited basis to provide a greater variety of housing choices. As
an incentive to encourage development of affordable housing units,
the Commission, upon petition and after public hearing, may grant
a change of zone for a parcel of land, provided that 50% of the additional
housing units allowed shall be affordable. In calculating the number
of units, provision for open space land (20%) will not be deducted
nor will a fee be collected in lieu of open space if 25% or more of
the project units are offered as affordable housing.
B.
Procedure. To protect the public health and welfare
it is necessary to apply a number of measures to a property in question
in order to be assured that such property can accommodate the desired
density. Therefore, the following procedure is employed for consideration
of such change of zone.
(1)
An applicant may petition for a change of zone from
R-45 to R-25, or R-25 to R-15, R-11, or PDA as provided in these regulations
and in accordance with the following standards:
(a)
A parcel shall be a minimum of 10 developable
acres.
(b)
The land proposed for use shall be of such character
that it can accommodate higher density use.
(c)
Public water supply shall be available to service
the property in question.
(d)
Public sewers shall be available to service
the property in question.
(e)
The existing streets in the area shall be adequate
for proper circulation and increased traffic generated by more intensive
development.
(f)
Existing drainage facilities must be adequate
to accommodate an intensification of land use.
(g)
Soils must be of such type to accommodate an
intensification of land use.
(2)
A PDA development may be allowed an additional density
bonus of 40%, provided that 50% of the additional units are offered
as affordable housing.
(3)
A sketch plan shall be submitted to illustrate the
number of housing units possible on a property under its present zoning
classification.
(4)
A preliminary plan, based on the proposed zoning classification, shall accompany the application. It shall provide adequate information to show that the standards can be met and that design proposals employed will make development compatible with the surrounding area. In addition, said plan will be used in conjunction with Subsection B(3) above to provide a "bonus" figure for use in calculating the number of affordable housing units required to qualify under this regulation.
(5)
In order to absorb the impact on the Town's infrastructure
and its ability to provide services, consideration for zone changes
will be limited to a total of 50 bonus units (25 affordable) per year.
(6)
The commission may consider relaxation of the 15%
limitation for multifamily housing as part of the Town's housing stock
when 25% or more of the proposed units in a project are affordable.
(7)
A contract certifying the above shall be drawn by
the developer, approved by the Town Attorney and entered into between
the developer and the Town of Suffield. Such contract shall be drawn
in accordance with CGS Sec. 8-2g(a).
(8)
Ongoing administration of affordable housing units
established under these regulations shall be in accordance with CGS
Sec. 8-2g(b).
A.
No building or use of land shall be used for the purpose
of sale or exchange of alcoholic liquors, for consumption on or off
the premises, at wholesale or retail, if any part of such building
or premises is situated:
(1)
Within 200 feet of any part of a lot or parcel used,
intended to be used, or reserved for a church, college, school or
other institution for children, a hospital, library or charitable
or religious institution supported by public or private funds, except
that the distance limitation may be waived by a vote of 5/6 of the
Commission in the case of a permitted hotel or restaurant where alcoholic
beverages are sold for consumption on the premises under a hotel permit
or a restaurant permit (as defined in the State Liquor Control Act),[1] provided that the Commission, after a public hearing,
determines that the proximity of said hotel or restaurant or other
buildings or premises used for the sale of alcoholic beverages for
consumption on the premises:
(a)
Will be subordinate and incidental to the principal
use of the premises as a restaurant where hot meals are served by
employees to patrons at tables or as a hotel;
(b)
Will not conflict with the general purpose of
these regulations as they relate to the area;
(c)
Will not adversely affect the health, safety,
or morals of persons attending any nearby college, school, place of
worship, library, park or playground or residing in any nearby residential
zone; and
(d)
Will not hinder the appropriate development
and use of adjacent property.
[1]
Editor's Note: See Connecticut General Statutes § 30-1
et seq.
C.
D.
In commercial zoning districts the sale of alcoholic
liquors is permitted only by special use permit issued by the Commission
as follows. (Note: Permits refer to the classifications enumerated
in the regulations of the State Liquor Control Commission.)
(1)
For consumption on the premises under a hotel permit,
restaurant permit, cafe permit or club permit.
(2)
For consumption off the premises under a package store
permit, a drugstore permit, or a drugstore beer permit only when the
public entrance to such premises is not less than 1,500 feet in a
direct or straight line to the public entrance of that portion of
another building which is used for the sale of alcoholic beverages
under the aforementioned categories of permits, except for grocery/beer
permits. In the case of the forced removal of a package store, or
a druggist's permit as defined in CGS § 30-52, the above
limitation of distance shall not apply.
E.
The provisions of this section shall not be deemed
to be retroactive, except that any building or premises legally in
use for the sale of alcoholic liquors in breach of this section which
is not used for such nonconforming use for a period of 30 days shall
thereafter conform to these regulations.
F.
Temporary permits of nonprofit organizations shall
be subject only to State Liquor Control Commission requirements.
The Commission may allow antique shops as an
accessory use to a single-family dwelling by special permit in the
R-90, R-45, TCV, WSV, or NC zoning districts, or in the R-25 zoning
district within a historic structure or accessory building identified
within the Town's Survey of Historical and Architectural Resources
prepared by the Capital Regional Council of Governments, 1979, on
file with the Town Clerk's office, under the following conditions:
A.
The use shall be limited to properties on arterial
roads, e.g., those with at least 5,000 vehicle trips per day.
B.
The use shall be clearly incidental and secondary
to the use of such dwelling unit and lot for residential purposes,
and shall not change the residential character of the dwelling unit
and lot.
C.
Only the resident homeowner may apply for and run
the antique shop, except that two nonresident employees may also be
employed.
D.
No more than 50% of the single-family dwelling unit
shall be used for the antique shop, or a minimum of 400 square feet
for an accessory building shall be used.
E.
The use shall be carried on entirely within the single-family
dwelling unit or within a completely enclosed accessory building permitted
on the same lot as the dwelling unit.
F.
Parking needs for the residence and the antique shop shall be met on site according to Article VII of these regulations and shall not take place in required yard setbacks. The Commission may require the screening of parking areas.
G.
No display or storage of antiques on the premises
outside of the dwelling unit or the permitted accessory building in
which it is located is permitted.
H.
Any auction shall be limited to the residents' inventory,
shall require a temporary special permit, and shall not be permitted
more than once during any calendar year.
A.
Purpose. The purposes of this section are to permit,
as a special use after public hearing, the establishment of an assisted
living facility consisting of private residential units that provides
assistance with activities of daily life in a group setting and that
encourages residents, 55 years or older, to maintain a maximum level
of independence, and to permit the establishment of a personal care
facility for those 60 years of age and older, subject to the exceptions
provided for in state and federal fair housing laws, and to provide
for convalescent homes as defined in CGS § 19a-490(o).
[Amended 1-4-2019]
B.
General. The Commission may permit the establishment
of an assisted living or personal care facility and its accessory
uses in all residential and commercial zones and the Town Center Village
District Zone as a special permit.
[Amended 4-3-2010]
C.
Area and yard requirements.
[Amended 4-3-2010]
(1)
Minimum lot size: 10 acres in residential and commercial
zones; one acre in the Town Center Village District Zone if the Commission
determines that the smaller lot size is acceptable given abutting
property uses, site characteristics, site design, and site access
considerations.
(2)
Minimum lot frontage: 250 feet, except when the Commission
determines that a smaller amount is acceptable given abutting property
uses, site characteristics, site design, and site access considerations.
In no event shall the minimum frontage be less than 60 feet in the
Town Center Village District Zone.
(3)
Maximum density: five units per acre in residential
and commercial zones; one unit per 2,000 square feet in a Town Center
Village District Zone not to exceed 30 units.
(4)
Minimum building setback from property boundaries:
100 feet, except when the Commission determines that a smaller amount
is acceptable given abutting property uses, site characteristics,
site design, and site access considerations.
(5)
Maximum lot coverage: 35% in residential zones, 40%
in commercial zones, and 75% in the Town Center Village District.
(6)
Maximum building height: three stories or 40 feet
in height.
(7)
Minimum open space: sufficient to meet the needs of
residents, including at least 1,000 square feet per dwelling unit,
and the construction of walking paths in residential and commercial
zones only.
D.
Other requirements.
(1)
A plan for transportation services for the residents
to shopping areas, banks, senior center and other business and community
services shall be submitted and subject to review and approval by
the Commission.
(2)
The property shall be in the sewer service area and
served by public water and sewers.
(3)
There shall be a community facility(s) suitably equipped
to meet the dining, social interaction and leisure time needs of the
residents. The community facility(s) shall contain not less than 25
square feet per dwelling unit. The Commission may require additional
community space within the facility as it deems appropriate. In calculating
community facilities, accessory uses such as a central kitchen and
maintenance areas shall not be included.
[Amended 4-3-2010]
(4)
Other accessory uses such as retail and/or commercial
office space may be included provided the area shall not exceed 20
square feet per dwelling unit and the use is primarily to serve the
needs of the residents of the facility. There shall be no advertising
of the activities which occupy said space outside of the facility.
(5)
All units shall have minimum floor areas as follows:
efficiency: 400 square feet; one-bedroom: 500 square feet; two-bedroom:
650 square feet.
(6)
Each unit shall have an emergency call/intercom system
connected to a central station, on site, staffed 24 hours per day
when such determination is made by the Commission.
The intent of this section is to afford greater
flexibility in determining the most appropriate residential development
form for unusually large, deep or oddly shaped lots. Such development
must be in harmony with the area in which it is proposed and must
be designed and sited to protect neighboring property values while
respecting the site's natural and man-made features.
A.
Standards and requirements. The Commission may grant
a special permit to allow the creation of a back lot in residential
zoning districts when it determines that the development of the back
lot will provide the most appropriate use of the land considering
such factors as the preservation of the natural character of the land,
drainage, configuration, accessibility, and topography, and where
all of the following conditions apply:
(1)
The back lot shall contain a minimum fifty-foot-wide
frontage strip (driveway), which shall be part of said lot and extend
from the Town street to the buildable portion of the back lot. No
structures shall be located within the access strip.
(2)
The back lot shall conform to all requirements prescribed
for the zone in which it is located, except that the minimum lot size
(exclusive of access strip) shall be at least five uninterrupted contiguous
developable acres.
(3)
The front yard of the back lot shall be measured from
the rear lot line of the front lot or as determined by the Commission.
(4)
Driveways longer than 250 feet in length shall meet the standards specific in § 315-14 of these regulations.
(5)
The Town street entrance to the back lot shall be
posted with a sign containing the house number and street name. Such
sign shall be a minimum of 1 1/2 square feet per side and a maximum
of two square feet per side.
(6)
An evergreen screen shall be planted along the sides
of the access strip (driveway) to ensure privacy for adjacent lots.
Said planting shall be a minimum of three feet in height at the time
of planting, and a minimum of six feet in height and 3/4 solid at
time of maturity. The Commission may waive this requirement if topographic
conditions or existing vegetation provide adequate screening. The
Commission may also require additional screening or landscaping along
the access driveway or any other property lines where it is needed
to protect the privacy of adjacent parcels.
(7)
The Commission may permit up to two back lots on a
parcel of land in existence as of June 15, 1954.
[Amended 11-19-2004; 1-4-2019]
The Commission may grant a special permit to
allow the conversion of a single-family dwelling to provide for a
bed-and-breakfast facility in the R-90, R-45, R-25, TCV, WSCV, NC
and FP Zones when used in conjunction with primary residential use
by the owner only, subject to reasonable safeguards and the following
standards.
A.
A bed-and-breakfast shall:
(1)
Be located on a parcel of land which conforms to the
minimum lot size requirement for the zoning district in which the
property is located.
(2)
Not detract from the single-family residential character
of the dwelling. There shall be no external evidence of the bed-and-breakfast
use except for an identification sign up to four square feet in area.
(3)
Have all appropriate state and local approvals.
(4)
Have appropriate water supply and sewer facilities
to meet Health Code requirements or be connected to public facilities.
(5)
Not be located on a dead-end street more than 1,200
feet from the beginning of such dead-end street.
(6)
Contain not more than four guest rooms on a property
of one acre or less and up to six guest rooms for a property in excess
of one acre.
(7)
Provide meals for only overnight guests.
(8)
Not contain cooking facilities in any guest rooms.
(9)
Not have a guest for a period in excess of 14 consecutive
days.
B.
The maximum number to be permitted in Suffield shall
be 10.
C.
Off-street parking shall:
(1)
Consist of one space per guest room in addition to
two spaces for the dwelling.
(2)
Not be located between the street and building line
for bed-and-breakfast guests.
(3)
Be screened from the street and abutting residential
properties by Type "C" screening.
(4)
Have lighting adequate for public safety and security
without creating a nuisance to abutters.
(5)
Have an all-weather surface.
The Commission may grant a special permit to
allow the conversion of a single-family dwelling to a two-family dwelling
in the R-90, R-45, and R-25 Zones as follows:
A.
Only homes constructed prior to 1940 shall be eligible
for conversion.
B.
There shall be double the lot area required by the
underlying zone.
C.
The minimum floor area of each dwelling unit shall
be 525 square feet. For each bedroom an additional 150 square feet
shall be added to the minimum.
D.
No structural alteration made to the exterior of the
building shall detract from its single-family characteristics.
E.
No stairs above the first floor shall be added outside
the existing exterior walls except at the rear wall of the building,
and on a corner lot any new stairs shall be added within the existing
walls of the building or added in the form of a wing that will not
detract from the building's single-family characteristics.
F.
Permits shall be issued to the property owner.
A.
Purpose. The purpose of this section is to preserve
a cover crop on the land to prevent erosion and to control any excavation
operations that may create a safety or health hazard to the public
or the adjacent property owners, or be detrimental to the immediate
neighborhood or to the Town of Suffield. This use is only permitted
for existing earth removal uses in which a renewal of a special permit
is being sought.
B.
General requirements.
(1)
Unless otherwise provided in this section there shall
be no removal from the premises in any zoning district of earth, sand,
gravel, clay or quarry stone except as surplus material not to exceed
1,000 cubic yards resulting from a bona fide construction, landscape
or agricultural operation being executed on the premises and provided
that no permanent damage is done to the landscape.
(2)
In any zoning district topsoil or loam may be removed
from the area to be covered by a building or other construction operation
and from any other area provided that no less than four inches of
topsoil or loam remains and provided that the entire area disturbed
is seeded with a suitable cover crop or is put to cultivation.
C.
The Commission may grant a special permit for the
renewal of existing earth removal or sand and gravel operations only,
under the following conditions:
(1)
The applicant shall submit a plan showing existing
grades in the area from which the above material is to be removed
together with finished grades at the conclusion of the operation.
(2)
The plan shall provide for proper drainage of the
area of the operation after completion and no bank shall exceed a
slope of one foot of vertical rise in two feet of horizontal distance.
No removal shall take place within 20 feet of a property line.
(3)
At the conclusion of the operation, or of any substantial
portion thereof, the whole area where removal takes place shall be
covered with not less than four inches of topsoil and seeded with
a suitable cover crop.
(4)
No stone crusher or other machinery not required for
actual removal of the material shall be used.
(5)
Before a special permit renewal can be granted under
this section the applicant shall post a bond with the Treasurer of
the Town of Suffield in an amount approved by the Commission as sufficient
to guarantee conformity with the provisions of the permit issued hereunder.
(6)
In passing on such applications, the Commission shall
consider the effect of such removal on surrounding property and the
future usefulness of the premises when the operation is completed.
(7)
Such permits shall be issued for a period not exceeding
two years.
(8)
Nothing herein shall prevent filing a revised plan
with the Commission, modifying or reducing the scope of work originally
approved, provided that the bond required above shall not be released
until all the requirements of the section shall have been met.
[Amended 9-19-2008]
A.
Statutory authorization and purpose.
(1)
The Legislature of the State of Connecticut has in Title 7, Chapter 98, § 7-148(c)(7)(A) and in Title 8, Chapter 124, § 8-2 of the General Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
(2)
It is the purpose of this regulation to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
(a)
To protect human life and health;
(b)
To minimize expenditure of public money for
costly flood-control projects;
(c)
To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
(d)
To minimize prolonged business interruptions;
(e)
To minimize damage to public facilities and
utilities such as water and gas mains, electric, telephone and sewer
lines, streets and bridges located in areas of special flood hazard;
(f)
To help maintain a stable tax base by providing
for the sound use and development of areas of special flood hazard
so as to minimize future flood blight areas;
(g)
To ensure that potential buyers are notified
that property is in an area of special flood hazard; and
(h)
To ensure that those who occupy the areas of
special flood hazard assume responsibility for their action.
B.
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COST
DEVELOPMENT
ELEVATED BUILDING
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT FACILITY
HIGHEST ADJACENT GRADE (HAG)
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
MEAN SEA LEVEL (MSL)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
Definitions. Unless specifically defined below, words
or phrases used in this regulation shall be interpreted so as to give
them the meaning they have in common usage and to give this regulation
its most reasonable application. As used in this section, the following
terms shall have the meanings indicated:
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation of the crest of the base flood or one-hundred-year
flood. The height in relation to mean sea level expected to be reached
by the waters of the base flood at pertinent points in the floodplains
of coastal and riverine areas.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See definition for "structure" (Town's definition).
As related to substantial improvements, the cost of any construction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to: the cost
of materials (interior finishing components, structural components,
utility and service equipment); sales tax on materials; building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total. Items
to be excluded include: cost of plans and specification; survey costs;
permit fees; and outside improvements such as septic systems, water
supply wells, landscaping, sidewalks, fences, yard lights, irrigation
systems, and detached structures such as garages, sheds, and gazebos.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the areas of special flood hazard.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers), shear walls or breakaway
walls.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, as a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program (NFIP).
The official map on which the Federal Emergency Management
Agency (FEMA) has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency (FEMA) that includes flood profiles and the water surface elevation
of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal water and/or the unusual and rapid accumulation or runoff
of surface water from any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The top surface of an enclosed area in a building (including
basement) i.e., top of slab in concrete slab construction or top of
wood flooring in wood frame construction. The term does not include
the floor of a garage used solely for parking vehicles.
A facility which cannot be used for its intended purpose
unless it is located in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, ship repair or seafood processing facilities.
The term does not include long-term storage, manufacture, sales or
service facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. Recreational
vehicles and similar transportable structures placed on a site for
180 consecutive days or longer shall be considered manufactured homes
for the purpose of this section.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Market value of the structure shall be determined by the
appraised value (total value minus land value) listed on the Assessor's
online database.
For purpose of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum to which
base flood elevations shown on a community's Flood Insurance Rate
Map are referenced.
Structure for which the start of construction commenced on
or after the effective date of this regulation. (Effective date: September
19, 2008.)
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date,
September 19, 2008, of the floodplain management regulations adopted
by the community.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towed by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, or improvement was within 180 days of the
permit date. The actual start means the first placement of permanent
construction of a structure on a site, such as the pouring of slabs
or footings, installation of piles, construction of columns, or any
work beyond the stage of excavation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor
does it included the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A walled and roofed building that is principally above ground,
a manufactured home, or a gas or liquid storage tank.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its pre-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the buildings commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on the
National Register of Historic Places or a state inventory of historic
places.
A grant of relief by a community from the terms of the floodplain
management regulation that allows construction in a manner otherwise
prohibited and where specific enforcement would result in unnecessary
hardship.
Failure of a structure or other development to be fully complaint
with the community's floodplain management regulations. A structure
or other development without required permits, lowest floor elevation
documentation, floodproofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that
documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
C.
General provisions.
(1)
Lands to which this regulation applies. This regulation
shall apply to all areas of special flood hazard within the jurisdiction
of Suffield, Connecticut.
(2)
Basis for establishing the areas of special flood
hazard. The areas of special flood hazard are identified by the Federal
Emergency Management Agency (FEMA) in a scientific and engineering
report titled "Flood Insurance Study Hartford County, Connecticut
(All Jurisdictions)," effective September 26, 2008, which report with
accompanying Flood Insurance Rate Maps dated September 26, 2008, and
any subsequent revisions thereto, are adopted by reference and declared
to be part of this regulation. Since mapping is legally adopted by
reference into the regulation, it must take precedence when it is
more restrictive, until such time as a map amendment is obtained.
The Flood Insurance Study is on file at the Town of Suffield Town
Clerk's Office, 83 Mountain Road, Suffield, CT 06078.
[Amended 1-4-2019]
(3)
Compliance. A structure or development already in
compliance with this regulation shall not be made noncompliant by
any alteration, modification, repair, reconstruction or improvement.
No structure or land shall hereafter be constructed, located, extended,
converted, modified or structurally altered without full compliance
with the terms of this regulation and other applicable regulations.
(4)
Abrogation and greater restrictions. This regulation
is not intended to repeal, abrogate or impair any existing easements,
covenants, or deed restrictions. However, where this regulation and
other ordinance, regulation, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
(6)
Warning and disclaimer of liability. The degree of
flood protection required by this regulation is considered reasonable
for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions.
Flood heights may be increase by man-made or natural causes. This
regulation does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from flooding
or flood damages. This regulation shall not create liability on the
part of Suffield, Connecticut, any officer or employee thereof, or
the Federal Emergency Management Agency (FEMA) for any flood damages
that result by reliance on the regulations or any administrative decision
lawfully made thereunder.
(7)
Severability. If any section, subsection, paragraph,
sentence, clause, or phrase of this regulation should be declared
invalid for any reason whatsoever, such decision shall not affect
the remaining portions of this regulation, which shall remain in full
force and effect, and to this end the provisions of this regulation
are hereby declared to be severable.
(8)
Adoption date of regulation. The adoption date of
this regulation is September 19, 2008.
D.
Administration.
(1)
Establishment of floodplain development permit. A floodplain development permit shall be obtained before construction or development begins within any areas of special flood hazard established in Subsection C(2). Application for each floodplain development permit shall be made on a form furnished by the Town Engineer and may include but not be limited to plans in duplicate drawn to scale showing the nature, locations, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
(a)
Elevation in relation to mean sea level of the
lowest floor (including basement) of all structures;
(b)
Elevation in relation to mean sea level to which
any structure has been floodproofed;
(c)
Certification by a Connecticut registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection E; and
(d)
Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
(2)
Designation of the Town Engineer. The Town Engineer
is hereby appointed to administer and implement this regulation by
granting or denying floodplain development permit applications in
accordance with its provisions.
(3)
Duties and responsibilities of the Town Engineer shall
include, but not be limited to:
(a)
Permit review.
[1]
Review all floodplain development permits to
determine that the permit requirements of this regulation have been
satisfied. The Town shall select and adopt a regulatory floodway based
on the principle that the area chosen for the regulatory floodway
must be designed to carry the waters of the base flood without increasing
the water surface elevation of that flood more than one foot at any
point.
[2]
Review all floodplain development permits to
determine that all necessary permits have been obtained from those
federal, state or local governmental agencies from which prior approval
is required.
[3]
Require that until a regulatory floodway is
designated, no new construction or substantial improvements, or other
development (including fill), shall be permitted within Zones A1-30
and AE unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all existing and anticipated
development, will not increase the base flood elevation more that
one foot at any point in the community.
(b)
Use of other base flood data. When base flood elevation data or floodway data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Town Engineer shall obtain, review and reasonable utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer Subsection E.
(c)
Information to be obtained and maintained.
[1]
Obtain and record the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures.
[3]
Maintain for public inspection all records pertaining
to the provisions of this regulation.
[4]
In carrying out his/her duties regarding this
section, the Town Engineer may request that the applicant provide
any information, including engineering reports and surveys, he/she
determines is necessary to complete his/her review.
(d)
Alteration of watercourse.
[1]
Notify adjacent communities and the Department
of Environmental Protection prior to any alteration or relocation
of a watercourse and submit evidence of such notification to the Federal
Insurance Administration.
[2]
Require that maintenance is provided within
the altered or relocation portion of said watercourse so that the
flood-carrying capacity is not diminished.
(e)
Interpretation of FIRM boundaries. Make interpretations,
where needed, as to the exact location of the boundaries of the areas
of special flood hazard (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions).
(4)
Certification. Where, under this regulation, a Connecticut
registered professional engineer or architect shall certify that the
design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of this regulation,
such certification must be provided to the Town Engineer.
E.
Provisions for flood hazard reduction.
(1)
General standards. In all areas of special flood hazard
the following standards are required:
(a)
Anchoring. All new construction and substantial
improvements shall be anchored to prevent flotation, collapse or lateral
movement of the structure.
(b)
Construction materials and methods.
[1]
All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
[2]
All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood
damage.
[3]
All new construction, substantial improvements
and repair to structures that have sustained substantial damage cannot
be constructed or located entirely or partially over water.
(c)
Utilities.
[1]
All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the system.
[2]
New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from the systems into floodwaters.
[3]
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
[4]
Electrical, heating, ventilation, plumbing,
air conditioning equipment and other service facilities shall be designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
[5]
Above-ground storage tanks (oil, propane, etc.)
which are located outside or inside of the structure must either be
elevated above the base flood elevation (BFE) on a concrete pad or
be securely anchored with tie-down straps to prevent flotation or
lateral movement, have the top of the fill pipe extended above the
BFE, and have a screw fill cap that does not allow for the infiltration
of floodwater.
(d)
Subdivision proposals.
[1]
All subdivision proposals shall be consistent
with the need to minimize flood damage;
[2]
All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage;
[3]
All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage; and
[4]
Base flood elevation data shall be provided
for subdivision proposals and other proposed development which contain
at least 25 lots or five acres (whichever is less).
(2)
Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in Subsection C(2) (Basis for establishing the areas of special flood hazard) or Subsection D(3)(b) (Use of other base flood data), the following provisions are required:
(a)
Residential construction. New construction and
substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated to the level of the base
flood elevation.
(b)
Nonresidential construction. New construction
and substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, including
basement, elevated to the level of the base flood elevation or together
with attendant utility and sanitary facilities shall:
(3)
Floodways. Located within areas of special flood hazard established in Subsection C are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(a)
Prohibit encroachments, including fill, new
construction, substantial improvements and other development, unless
certification by a registered Connecticut professional engineer or
architect is provided demonstrating that encroachment shall not result
in any increase in flood levels during the occurrence of the base
flood discharge.
(4)
Structures or portions of structures in flood zones.
(a)
Portion of structure in flood zone. If any portion
of a structure lies within the special flood hazard area (SFHA), the
entire structure is considered to be in the SFHA. The entire structure
must meet the construction requirements of the flood zone. The structure
includes any attached additions, garages, decks, sunrooms, or any
other structure attached to the main structure. Decks or porches that
extend into a more restrictive flood zone will require the entire
structure to meet the standards of the more restrictive zone.
(b)
Structures in two flood zones. If a structure
lies within two or more flood zones, the construction standards of
the most restrictive zone apply to the entire structure (i.e., V Zone
is more restrictive than A Zone; structure must be built to the highest
BFE). The structure includes any attached additions, garages, decks,
sunrooms, or any other structure attached to the main structure. (Decks
or porches that extend into a more restrictive zone will require the
entire structure to meet the requirements of the more restrictive
zone.)
(c)
No structures entirely or partially over water.
New construction, substantial improvements and repair to structures
that have sustained substantial damage cannot be constructed or located
entirely or partially over water.
(5)
Compensatory storage. The water holding capacity of
the floodplain, except those areas which are tidally influenced, shall
not be reduced. Any reduction caused by filling, new construction
or substantial improvements involving an increase in footprint to
the structure shall be compensated for by deepening and/or widening
of the floodplain. Storage shall be provided on site, unless easements
have been gained from adjacent property owners; it shall be provided
within the same hydraulic reach and a volume not previously used for
flood storage; it shall be hydraulically comparable and incrementally
equal to the theoretical volume of floodwater at each elevation, up
to including the one-hundred-year flood elevation, which would be
displaced by the proposed project. Such compensatory volume shall
have an unrestricted hydraulic connection to the same waterway or
water body. Compensatory storage can be provided off site if approved
by the municipality.
(6)
Equal conveyance. Within the floodplain, except those
areas which are tidally influenced, as designated on the Flood Insurance
Rate Map (FIRM) for the community, encroachments resulting from filling,
new construction or substantial improvements involving an increase
in footprint of the structure are prohibited unless the applicant
provides certification by a Connecticut registered professional engineer
demonstrating, with supporting hydrologic and hydraulic analysis performed
in accordance with standard engineering practice, that said encroachments
shall not result in any (0.00 feet) increase in flood levels (base
flood elevation). Work within the floodplain and the land adjacent
to the floodplain, including work to provide compensatory storage,
shall not be constructed in such a way so as to cause an increase
in flood stage or flood velocity.
(7)
Manufactured (mobile) homes and recreational vehicles
(RVs).
(a)
In all special flood hazard areas (SFHA), any manufactured (mobile) homes to be newly placed, undergoing a substantial improvement or repaired as a result of substantial damage shall be elevated so that the bottom of the lowest floor is at or above the base flood elevation (BFE). The manufactured home must also meet all the construction standards per Subsection E(2)(a). This includes manufactured homes outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park in which a manufactured home has incurred substantial damage as a result of a flood.
[Amended 1-4-2019]
(b)
All manufactured (mobile) homes within a SFHA
shall be placed on a permanent foundation which itself is securely
anchored and to which the structure is securely anchored so that it
will resist flotation, lateral movement and hydrostatic pressures.
Anchoring may include, but not be limited to, the use of over-the-top
or frame ties to ground anchors.
(c)
All manufactured (mobile) homes within a SFHA
shall be installed using methods and practices which minimize flood
damage. Adequate access and drainage should be provided. Elevation
construction standards include piling foundations placed no more that
10 feet apart, and reinforcement is provided for piers more than six
feet above ground level.
(d)
Recreational vehicles placed on sites within a SFHA shall either be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use or meet all the general standards of Subsection E(1) and the elevation and anchoring requirement of Subsection E(1)(a) and (2)(a). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
F.
Variance procedures.
(1)
Zoning Board of Appeals (ZBA). Under Article XIII, the Zoning Board of Appeals (ZBA), as established by the Town of Suffield, shall hear and decide appeals and requests for variances from the requirements of this regulation. Records of appeal actions are maintained by the Town Clerk. The record of any variance or appeal action under this section shall be reported to the Federal Emergency Management Agency (FEMA) upon request.
(2)
Specific situation variances.
(a)
Buildings on a historic register. Variances
may be issued for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places,
the State Inventory of Historic Places, or any locally adopted historic
district without regard to the procedures set forth in the remainder
of this section and provided the proposed reconstruction, rehabilitation
or restoration will not result in the structure losing its historical
designation.
(b)
Functionally dependent use or facility. Variances may be issued for new construction and substantial improvements and other development necessary for the conduct of a functionally dependent use or facility provided the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety and meet all the requirements of Subsection F(4).
(c)
Floodway prohibition. Variances shall not be
issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
(3)
Considerations for granting of variances.
(a)
In passing upon such applications, the Zoning
Board of Appeals shall consider all technical evaluations, all relevant
factors, all standards specified in other sections of this regulation
and the items listed below:
[1]
The danger that materials may be swept onto
other lands to the injury of others;
[2]
The danger to life and property due to flooding
or erosion damage;
[3]
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner;
[4]
The importance of the services provided by the
proposed facility to the community;
[5]
The necessity to the facility of a waterfront
location, in the case of a functionally dependent facility;
[6]
The availability of alternative locations not
subject to flooding or erosion damage for the proposed use;
[7]
The compatibility of the proposed use with existing
and anticipated development;
[8]
The relationship of the proposed use to the
comprehensive plan and floodplain management program for that area;
[9]
The safety of access to the property in times
of flood for ordinary and emergency vehicles;
[10]
The expected heights, velocity,
duration, rate of rise and sediment transport of the floodwaters and
the effects of wave action, if applicable, expected at the site; and
[11]
The costs of providing governmental
services during and after flood conditions, including maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, streets and bridges.
(b)
Upon consideration of these factors and the
purposes of this regulation, the ZBA may attach such conditions to
the granting of variances as it deems necessary to further the purposes
of this regulation.
(4)
Conditions for variances.
(a)
Variances shall only be issued upon a determination
that the variance is the minimum necessary to afford relief, considering
the flood hazard, and in the instance of a historical building, a
determination that the variance is the minimum necessary as not to
destroy the historic character and design of the building and result
in the loss of historic designation of the building.
(b)
Issuance.
[1]
Variances shall only be issued upon:
[a]
A showing of good and sufficient cause;
[b]
A determination that failure to grant the variance would result
in exceptional hardship; and
[c]
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, or
extraordinary public expense, create nuisances, damage the rights
or property values of other persons in the area, cause fraud on or
victimization of the public, or conflict with existing local laws,
ordinances or regulations.
[2]
Only hardships that are based on unusual or unique physical characteristics
of the property in question, characteristics that are not shared by
adjacent parcels, shall qualify to meet Subsection F(4)(b)[1][b] above.
(c)
No variance may be issued within a regulatory
floodway that will result in any increase in the one-hundred-year
flood levels. A variance may be issued for new construction, substantial
improvements and other development necessary for the conduct of a
functionally dependent use, provided that there is good and sufficient
cause for providing relief, and the variance does not cause a rise
in the one-hundred-year flood level within a regulatory floodway.
The structure and other development must be protected by methods that
minimize flood damages.
(d)
Any applicant to whom a variance is granted
shall be given written notice that the structure will be permitted
to be built with the lowest floor elevation below the base flood elevation
(BFE) and the elevation, and that the cost of flood insurance will
be commensurate with the increased risk resulting from the lowest
floor elevation.
G.
Enforcement
and penalties for violation.
(1)
Each floodplain development permit shall authorize,
as a condition of approval, the Town Engineer or designated agents
to make regular inspections of the subject property. The Town Engineer
or designated agents are also authorized to inspect any property in
a special flood hazard area (SFHA) where it appears that violations
of these regulations may be taking place.
(2)
If the Town Engineer finds that any person is undertaking any construction, substantial improvement, filling, or any other activity or maintaining a condition which is in violation of these regulations, he/she shall notify the Zoning Enforcement Officer and cooperate with the Zoning Enforcement Officer in enforcement procedures indicated in § 315-119.
The Commission may grant a special permit to
allow commercial greenhouse operations in accordance with due consideration
of the following criteria and standards:
A.
Criteria.
(1)
Conservation of property values.
(2)
Negligible impact of traffic in the immediate neighborhood.
(3)
Limitations necessary to protect the immediate and
adjacent neighborhoods.
(4)
General welfare of the Town and consistency with the
objectives and principles of the Plan of Conservation and Development.
B.
Standards. The Commission may permit lot coverage
by buildings of up to 50% if it makes additional findings that the
plan of the proposed facility as approved will:
(1)
Be exclusively for the growing and harvesting of horticultural
products;
(2)
Maintain at least 85% of the land beneath the greenhouse
structure with no impervious permanent covering;
(3)
Collect and recycle all roof drainage for distribution
within the greenhouse for all rainfall events;
(4)
Not cause an increase in peak stormwater runoff off
site;
(5)
Not permit water withdrawal from private wells which
would adversely affect adjacent wells;
(6)
Use only USDA approved pesticides, herbicides, or
other chemical treatments;
(7)
Not cause any interior or exterior lighting to shine
in a manner which would interfere with the enjoyment of surrounding
properties between 7:00 p.m. and 5:00 a.m.;
(8)
Not cause sunlight to be reflected in any concentrated
manner which would interfere with the enjoyment of surrounding properties;
(9)
Provide transparent or translucent greenhouse walls
and roofs;
(10)
Provide at least 100 feet of distance from all
developable property lines to any building, greenhouse or loading
or unloading areas;
(11)
Provide Type "C" screening of all parking and
loading areas and any visible utilities; and
(12)
Provide Type "B" screening of all buildings
so that the greenhouse use will not hinder or discourage the appropriate
development and use of adjacent properties.
The Commission may grant a special permit to
allow the keeping of more than 10 horses for breeding, boarding, and/or
instruction for commercial purposes in the FP, R-90, R-45, R-25, WSCV,
I, and PDIP Zones as follows:
A.
The premises shall be not less than 10 acres in area
and shall be in a predominantly rural area and existing buildings
shall be so located as to create no adverse effect on neighboring
properties.
B.
The use may be conducted only by the resident of the
premises as an accessory use.
C.
Buildings housing animals and areas of concentrated
storage of waste shall be not less than 100 feet from any lot line
and not less than 150 feet from a dwelling on property under other
ownership and 100 feet from a stream.
D.
In considering such special use, the Commission shall
weigh the agricultural and rural as well as the residential character
and potential of the area and shall find the granting of such use
shall result in an appropriate use of the land and will not have a
detrimental effect on existing or potential residential or other uses
in the area.
The Commission may grant a special permit after
public hearing to a landowner under contract to the Town of Suffield,
or the Town of Suffield, to conduct a sanitary landfill. The Commission
may impose any reasonable safeguards as to conditions of approval
and shall require the following:
A.
A properly certified key map of the general area at
a scale of one inch equals 200 feet showing:
(1)
Boundary and owner of record of the premises in question;
(2)
Boundaries and owners of record of all adjacent properties;
(3)
Topography and contours of the premises and all land
within 500 feet of the premises, with the contour interval at two
feet;
(4)
Existing land use(s) on the premises and within 500
feet of the premises;
(5)
All public and private roads which provide access
to the premises;
(6)
All natural watercourses, wetlands, and drainage areas
on the premises and within 500 feet of same;
(7)
All existing utilities and easements on the premises.
B.
A site plan map, in triplicate, prepared and certified
by a professional engineer, at a scale not smaller than one inch equals
100 feet showing:
(1)
A-2 boundary survey;
(2)
All information shown on the key map as it relates
to the premises;
(3)
Proposed contours and finished grades at the completion
of the filling operation, contours as in key map;
(4)
Acres of active operation and stockpiling, differentiating
between removed topsoil stockpiling and other materials;
(5)
Means of vehicular access to the premises;
(6)
Location of any proposed buildings and structures
and fixed equipment and machinery;
(7)
Such additional information so as to clearly indicate
complete compliance with the required standards and operations set
forth herein.
C.
Approval of the Connecticut Department of Environmental
Protection including the following items:
(1)
Quantity and quality of cover materials for various
purposes;
(2)
Control of surface waters and groundwaters;
(3)
Prevention of water pollution;
(4)
Depth of landfill;
(5)
Compaction and timing of placement of cover material;
(6)
Qualifications of the operator and employees.
(7)
Erosion and sedimentation control plan according to
CT DEP 2002 guidelines as amended.
D.
Access roads shall be designed and constructed as
all-weather roads suitable for carrying loaded collection vehicles
and all-weather access shall be provided from the entrance gate of
the site to an unloading area.
E.
Suitable buffer strips to screen operations from adjoining
properties or public streets.
F.
Operating standards:
(1)
Operating hours shall be restricted to weekdays (Monday
through Saturday) between the hours of 7:00 a.m. and 8:00 p.m., except
as may otherwise be permitted by the Commission.
(2)
All equipment and machinery shall be maintained in
good repair and operated in such manner as to minimize noise, vibration,
smoke, dust, unsightly conditions and any other nuisance.
(3)
Access to the site for disposal operations shall be
limited to those hours when an attendant is on duty and only to those
authorized to use the site for disposal of refuse.
(4)
Hours of operation and other limitations on access
are to be displayed prominently at the entrance gate.
(5)
The entrance to the site is to have a fence at least
six feet in height with gates that can be locked.
(6)
Telephone or radio communications are to be provided
at the site.
(7)
Fire extinguishers approved and periodically checked
by the Fire Department are to be kept in the equipment and in all
buildings and an adequate supply of water under pressure or a stockpile
of earth is to be maintained reasonably close to the working face
of the fill.
(8)
Upon completion of a landfill it shall be covered
with topsoil and seeded. The owner and operator shall be responsible
to see that adequate growth of seeded areas occurs.
(9)
The working fill areas shall be limited to 10 acres
at a time.
(10)
Operations shall be in conformance with state
and municipal regulations.
G.
The sanitary landfill shall be designed in accordance
with these requirements and any additional requirements established
by the Commission and/or the Connecticut Department of Environmental
Protection by a registered professional engineer. Detailed plans,
specifications, and necessary reports shall be submitted by said engineer
to the Connecticut Department of Energy and Environmental Protection
for review and approval.
H.
Following approval by the Commission, a Mylar transparency and four paper prints of the site plan noted in Subsection B are to be submitted to the Commission for record.
I.
The Commission may modify the items in the site plan
under local jurisdiction or it may require additional information
for clarification.
The Commission may grant a special permit to
allow the following uses in the I Zone subject to site plan approval
as follows:
A.
Car wash as a principal use.
(1)
Vehicular circulation shall be controlled for safe
entrance and exit and all vehicles awaiting service or being served
shall be parked or stacked behind the building line.
(2)
Entrance and exit driveways shall be not over 15 feet
wide each between the street line and the building line, shall have
adequate radii for junction with existing traveled ways, and shall
be separated by a landscaped median not less than eight feet wide.
(3)
All front yards shall be at least 25 feet in depth
from the street line and covered with a natural landscape material
such as turf, ground cover or stone or slate paving, but not bituminous
material. Each street yard shall have Type "A" screening.
(4)
Landscape strips shall contain Type "C" screening.
(5)
All operations, except final hand polishing, shall
be confined within the building.
(6)
All wastewater and liquids used in car wash operations
shall be collected by a self-contained treatment system on the property.
Said system shall be so designed as to remove all sand and other solids
from the used wash water. In addition, if wash water is to be discharged
into a public sewer, approval of the WPCA shall be required. Said
self-contained treatment system shall be subject to approval by the
Town Engineer.
B.
Motor vehicle sales and service as a principle use.
Vehicle display and service shall take place at least 50 feet set
back from front property line.
The Commission may grant a special permit that
permits outdoor cafe service as an accessory use to a restaurant as
follows:
A.
Outdoor cafe service must be entirely on property
owned or leased by the applicant. Proof of adequate insurance coverage
for the establishment shall be submitted and the owner/operator shall
sign an agreement indemnifying the Town from liability on adjacent
Town property resulting from the operation of said use prior to the
issuance of a building permit. Public property may not be used for
outdoor cafe service purposes unless a properly executed lease agreement
has been obtained.
B.
No more than 25 outdoor seats shall be permitted.
C.
Hours of operation shall be limited to between 6:00
a.m. and 10:00 p.m. unless waived or further limited by the Commission.
D.
A photometric plan shall be provided detailing light
types(s) and wattage(s), installation location, mounting height, and
ground level lighting intensity of all lighting in the outdoor eating
area within the parcel and at adjacent property lines. Unless otherwise
approved, the ground level lighting intensity caused by lighting of
outdoor cafe areas shall not exceed one footcandle at the property
lines.
E.
No outdoor window service is permitted.
F.
No outside audio system is permitted.
G.
No signage on umbrellas, chairs, trash receptacles,
etc., is permitted.
H.
All evidence (tables, umbrellas, chairs, trash receptacles,
etc.) shall be removed between October 31 and April 1.
I.
The parking regulations of Article VII of these regulations shall apply to both indoor and outdoor seating.
J.
Said use shall not create visibility problems for
motorists or pedestrians, nor be located in such a manner as to restrict
access by emergency services to any portion of any building. Walls,
fences, and/or plantings should be proposed when necessary to separate
seating from traveled areas.
The Commission may grant a special permit to
allow the construction of a new two-family dwelling in the R-90, R-45,
and R-25 Zones subject to reasonable safeguards and the following
requirements:
A.
Architectural plans showing all proposed buildings
and structures as well as site plans shall be subject to approval
by the Commission. Architectural plans may be in preliminary form
but shall include exterior elevation drawings, generalized floor plans
and perspective drawings prepared, except for drawings for signs,
by an architect or professional engineer licensed to practice in the
State of Connecticut.
B.
At least one dwelling unit shall qualify as affordable housing as defined in Article II of these regulations.
C.
The minimum lot area shall be 45,000 square feet,
or 90,000 square feet in an R-90 Zone.
D.
Not more than two individual dwelling units shall
result.
E.
The building exterior appearance shall be consistent
with the single-family characteristics of the neighborhood. There
shall be no indication from the street that the building contains
two dwelling units. Design considerations shall include, but are not
limited to, placement of entrance doors, mailboxes, electric meters
and garages.
F.
The lot design shall be consistent with the single-family characteristics of the neighborhood. There shall be no indication from the street that the lot is designed for two dwelling units. Lot design characteristics shall include, but are not limited to, parking arrangements and exterior lighting. Screening in accordance with the provisions of Article VIII of these regulations shall be employed where appropriate to maintain the appearance of a single-family home.
G.
The minimum floor area for the entire building shall
be no less than 2,000 square feet.
H.
The minimum floor area of each dwelling unit shall
be not less than 1,000 square feet.
I.
The contract between the applicant and the Town shall
be prepared by the applicant modeled after the criteria set forth
in CGS § 8-2g(a). Any such contract shall be approved as
to form by the Town Attorney.
J.
Except as specified in this section, all other requirements
that are applicable to the zoning district in which the two-family
dwelling is to be constructed shall apply.
A.
Statement of purpose.
(1)
Recent advances in wireless communications technology
have resulted in a new generation of telecommunication services. These
new services transmit electromagnetic waves of such a frequency and
power that will likely require numerous antenna locations. These antennas
may be located on buildings, water towers, and other similar structures
but will also frequently be located on new or enlarged towers. This
requires that the Town of Suffield regulate wireless communication
system facilities in a different manner than conventional television
and radio transmission towers which are able to transmit their signals
at much greater distances.
(2)
A number of providers of wireless communication services
have recently been licensed by the Federal Communications Commission
and additional providers are expected to be licensed in the near future.
These firms are expected to pursue antenna sites within the Town of
Suffield and these efforts are expected to include requests to construct
new communication towers.
(3)
The intent of this proposed regulation is to provide
for the establishment and/or expansion of wireless telecommunication
services within the Town of Suffield while protecting neighborhoods
and minimizing the adverse visual and operational effects of wireless
telecommunications facilities through careful design, sitting, and
screening. More specifically, this regulation has been developed in
order to:
(a)
Maximize use of existing and approved towers
and other structures to accommodate new antennas and transmitters
in order to reduce the number of communication towers needed to serve
the community;
(b)
Encourage providers to co-locate their facilities
on a single tower;
(c)
Site facilities below visually prominent ridge
lines;
(d)
Minimize the location of facilities in visually
sensitive areas;
(e)
Encourage creative design measures to camouflage
facilities;
(f)
Protect historic and residential areas from
potential adverse impacts of communication towers; and
(g)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful sitting of tower
structures.
B.
ANTENNA
CO-LOCATION
HEIGHT OF TOWER
TOWER
WIRELESS TELECOMMUNICATION SERVICES
WIRELESS TELECOMMUNICATION SITE
Definitions. For the purpose of applying the provisions
of this section the terms below shall be defined as follows:
A device used to receive or transmit electromagnetic waves.
Examples include, but are not limited to, whip antennas, panel antennas,
and dish antennas.
Locating wireless communication facilities from more than
one provider on a single site.
The vertical distance measured in feet from the average existing
level of the ground surrounding the tower and within 10 feet thereof
to the topmost point of the tower, including any antenna or other
appurtenances. The existing elevation shall mean the actual or approved
elevations of the property at the time of application.
A structure that is intended to support equipment used to
receive and/or transmit electromagnetic waves. Design examples of
towers include: self-supporting lattice, guyed, and monopole.
Licensed wireless telecommunication services, including,
but not necessarily limited to, cellular, personal communication services
(PCS), specialized mobilized radio (SMR), enhanced specialized mobilized
radio (ESMR), paging, and similar services that are marketed to the
general public.
A facility operated by a licensed wireless telecommunication
service provider which consists of the equipment and structures involved
in receiving or transmitting electromagnetic waves associated with
wireless telecommunication services.
C.
Location preferences. The locations for sitting the equipment involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services are listed in Subsection C(1) through (6) below, in order of preference:
(1)
On existing structures such as buildings, water towers,
and utility poles.
(2)
On existing or approved towers.
(3)
On new towers less than 75 feet in height located
in commercial or industrial zones.
(4)
On new towers less than 75 feet in height located
in residential zones.
(5)
On new towers 75 feet or greater in height located
in commercial and industrial zones.
(6)
On new towers 75 feet or greater in height located
in residential zones.
D.
Permitted uses. The following uses which generally pose minimum adverse visual effect subject to the standards in Subsection H.
(1)
Wireless telecommunication sites located on nonresidential
buildings and shielded from view from all surrounding streets and
driveways used by the general public. The method and materials used
to shield such sites must be approved by the Commission as part of
the site plan review.
(2)
Wireless telecommunications sites where the antenna
is mounted on existing towers, utility poles, water towers, light
standards, bridges, or other structures not classified as buildings
provided the following standards are met:
(a)
No changes are made to the height of such structure.
(b)
No panel antenna shall exceed 72 inches in height
and 24 inches in width.
(c)
No dish antenna shall exceed 39 inches in diameter.
(d)
All accompanying equipment buildings or boxes
shall be screened and fenced as approved by the Commission as part
of the site plan review.
E.
F.
Site plan requirements. All proposals to develop a wireless telecommunications site as permitted use or special permit use shall be subject to the site plan requirements listed in Article XIV of these regulations. In addition, the following information shall be submitted in accordance with each particular application where applicable.
(1)
Permitted use.
(a)
A plan showing where and how the proposed antenna
will be affixed to a particular building or structure.
(b)
Details of all proposed antenna and mounting
equipment, including size and color.
(c)
Elevations of all proposed shielding and details
of materials, including color.
(d)
An elevation of all proposed equipment buildings
or boxes. Details of all proposed fencing, including color.
(e)
A design drawing, including cross section and
elevation of all proposed towers. A description of the tower's capacity
including the number and type of antennas it can accommodate as well
as the proposed location of all mounting positions for co-located
antennas and the minimum separation distances between antennas. Where
a monopole is proposed, the design shall illustrate how the tower
will collapse upon itself without encroaching upon any adjoining property
line.
(f)
A report from licensed engineer indicating that the proposed wireless telecommunication site will comply with the emission standards found in Subsection H of the regulation. Such report shall also certify that the installation of such site will not interfere with public safety communications.
(g)
An analysis of the fall zone for the proposed
tower prepared by a licensed engineer.
(h)
Proof that either the applicant or co-applicant
holds bona fide license from the Federal Communications Commission
(FCC) to provide the telecommunication services that the proposed
tower is designed to support.
(i)
A report or letter from the Federal Aviation
Administration that the proposed tower complies with all airport safety
requirements for Bradley International Airport.
(j)
A map depicting the extent of the provider's
planned coverage within the Town of Suffield existing service area
and the service area of the proposed wireless telecommunication site.
(k)
A map indicating the search radius for the proposed
wireless telecommunication site.
(2)
Special permit.
(b)
Upon request of the Commission, the applicant
shall provide a simulation of the proposed wireless telecommunication
site in order to help the Commission ascertain the visual impacts
associated with such proposal.
(c)
For towers located in or within 1,000 feet of
any residential zoning district, the applicant shall provide a viewshed
analysis showing all areas from which the tower would be visible.
G.
Height and area requirements.
(1)
Lot size. Wireless telecommunication sites containing
a freestanding tower shall not be located on any lot less than 20,000
square feet in area. Where it is proposed that such a wireless telecommunication
site occupy a lot as a principal use, the lot size shall be equal
to that required for the underlying zone or 20,000 square feet, whichever
is greater.
(2)
Height. The maximum height of a tower proposed under
this regulation shall be 200 feet, including the antenna and all other
appurtenances. The height of a tower mounted on a building shall be
measured from the average level of the ground along all walls of the
building to the tallest point on the tower, including the antenna
and all other appurtenances. The maximum height of any rooftop-mounted
equipment building or box shall be 15 feet.
(3)
Setbacks.
(a)
All freestanding monopole towers shall comply
with the following minimum property line setbacks:
[1]
Front yard or side yard along a street. A distance
equal to 3/4 the height of the tower or the setback required for the
underlying zone, whichever is greater.
[2]
Side or rear yards.
[a]
In residential zoning districts, 50 feet for towers
less than 75 feet in height and 100 feet for towers equal to or greater
than 75 feet.
[b]
In residential districts, all other freestanding
towers shall be located a minimum distance from any property line
equal to 125% of the proposed tower height.
[c]
In nonresidential zones, 25 feet for towers less
than 75 feet in height and 50 feet for towers equal to or greater
than 75 feet. However, where a side or rear lot line is contiguous
to a residential zone, the setback for that particular yard shall
be as required for such a tower in a residential zone.
[d]
In nonresidential districts, all other freestanding
towers shall be located a minimum distance from any property line
at least 100 feet or a distance equal to the height of the tower,
whichever is greater.
(b)
All equipment buildings/boxes or equipment areas
each 50 square feet or greater in area shall comply with the minimum
property line setbacks for a principal building in the underlying
zone.
H.
General requirements.
(1)
No wireless telecommunication tower shall be located
within 200 feet of a residence.
(2)
No tower exceeding 75 feet in height shall be located
within 1,000 feet of the boundary of an approved historic district.
(3)
No lights shall be mounted on proposed towers unless
otherwise required by the FAA. All strobe lighting shall be avoided,
if possible.
(4)
Towers not requiring special FAA painting or markings
shall be painted a noncontrasting blue, gray, or black.
(5)
Towers may not be used to exhibit any sign or other
advertising.
(6)
Any proposed tower shall be designed in all respects
to accommodate both the applicant's antennas and comparable antennas
for at least two additional users if the tower is over 100 feet in
height or for at least one additional comparable antenna if the tower
is over 50 feet in height. The Commission may require the tower to
be of such design as to allow for future rearrangement of antennas
upon the tower and to accommodate antennas mounted at varying heights.
(7)
All towers shall be monopole design unless otherwise
approved by the Commission. A monopole tower shall be designed to
collapse upon itself.
(8)
The Commission may require that monopole be of such
design and treated with an architectural material so that it is camouflaged
to resemble a woody tree with a single trunk and branches on its upper
part.
(9)
Antennas or equipment buildings/boxes mounted to or
on buildings or structures shall, to the greatest degree possible,
blend with the color and design of such building.
(10)
All dish antennas shall be of mesh construction
unless otherwise approved by the Director of Planning and Development
in conjunction with an application for a permitted use and the Commission
in conjunction with an application for a special permit.
[Amended 1-4-2019]
(11)
Dish antennas shall not exceed six feet in diameter.
Panel antennas shall not exceed six feet in height.
(12)
No proposed wireless telecommunication site
shall be designed, located, or operated as to interfere with existing
or proposed public safety communications.
(13)
All applications for wireless telecommunication sites within the flood protection zone shall comply with the standards found in § 315-52 of these regulations.
(14)
The design of all wireless telecommunication
sites shall comply with the standards promulgated by the FCC for non-ionizing
electromagnetic emissions.
(15)
All utilities proposed to serve a wireless telecommunication
site shall be installed underground unless otherwise approved by the
Commission.
(16)
All generators installed in conjunction with
any wireless telecommunication site shall comply with all state and
local noise regulations.
I.
Factors upon which special permit decisions of the Commission shall be based. In passing upon applications for wireless telecommunication sites, the Commission, in addition to the standards found in Article XIV, shall also find:
(1)
In the case where a wireless telecommunication site
is proposed to be located on or within 100 feet of a property designated
on the National Historic Register or in a historic district that such
proposal will preserve the historic and/or architectural character
of the landscape or any structure.
(2)
In the case where an application for the proposed location of a wireless telecommunication site is not a preference one through three location [see Subsection C(1) to (3)] the applicant has adequately described the efforts and measures taken to pursue those preferences and why a higher preference location was not technologically, legally, or economically feasible. The supplied documentation should evaluate the following factors:
(a)
The planned equipment would cause unacceptable
interference with the operation of other existing or planned equipment
on an existing or approved tower as documented by a qualified licensed
engineer and that the interference cannot be prevented or eliminated
at a reasonable cost.
(b)
The planned equipment cannot be accommodated
on existing or approved towers due to structural deficiencies as documented
by a qualified licensed engineer and that such deficiencies cannot
be eliminated at a reasonable cost.
(c)
The existing or planned equipment on an existing
or approved tower would cause unacceptable interference with the equipment
proposed by the applicant as documented by a qualified licensed engineer
and that the interference cannot be prevented or eliminated at a reasonable
cost.
(d)
Any restriction or limitation imposed by the
FCC.
J.
Abandonment. A wireless telecommunication site not
in use for 12 consecutive months shall be removed by the service facility
owner. This removal shall occur within 90 days of the end of such
twelve-month period. Upon removal, the site shall be restored to its
previous appearance and, where appropriate, re-vegetated to blend
with the surrounding area. The Commission may require that an appropriate
bond be submitted as surety.
K.
Expiration of permit. The approval of an application
for special permit shall be void and of no effect unless construction
of the project commences within one year and is completed within two
years from the date of the approval granted by the Commission. For
purposes of this regulation, the term "start of construction" shall
be defined as the installation of a permanent building foundation.
The Commission may grant up to two six-month extensions of this period
upon written request by the applicant. The Commission shall withhold
approval of any or all extensions unless the development plan is brought
into conformance with any relevant zoning regulations which have been
amended subsequent to the original approval and if the applicant fails
to provide adequate evidence that construction is able to begin within
the extended time period sought. This evidence shall include, but
not be limited to, the acquisition of any or all required government
approvals and project financing. Any appeals of such special permit,
site plan, inland wetlands, or subdivision approval shall extend the
aforementioned one-year period the length of such appeal. The Commission
may, as a condition of approval of a special permit, establish a time
period such special permit shall remain in effect.
[Amended 11-17-2008]
The Commission may grant a special permit to
allow a permanent farm stand in the FP, R-90, R-45 and R-25 Zones
as follows.
A.
The farm stand building location must comply with § 315-39, requirements for principal buildings.
B.
The stand shall be located on the premises of and
accessory to an active farm with a minimum of five acres.
E.
The Commission may limit the size and scope of a farm
stand in relation to the size of the farm based on acreage and production.
F.
The stand shall be operated by the farm owner or the
lease holder.
G.
No sales shall be made before 7:00 a.m. or after 8:00
p.m. on any day.
H.
The stand must meet all state and local codes and
health requirements.
I.
All items sold at the stand shall be "Connecticut
and/or Massachusetts grown" farm products such as fruits, vegetables,
cider, plants, potted flowers, trees, shrubs, processed foods such
as jams, conserves, preserves, pickled foods, honey, syrup, baked
goods, eggs and a full range of dairy products, including soft-serve
ice cream, Christmas trees, wreaths and gift baskets.
[Amended 11-17-2008]
The Commission may grant a special permit to
allow wineries in the FP, R-90, R-45 and R-25 Zones as follows:
B.
The winery shall be located on the premises of and
accessory to an active farm with a minimum of five acres.
E.
The Commission may limit the size and scope of a winery
in relation to the size of the farm based on acreage and production.
F.
The winery shall be operated by the farm owner or
the lease holder.
G.
The winery must meet all state and local codes and
health requirements.
[Amended 1-4-2019]
[Amended 6-4-2010]
The Commission may permit, by special permit,
the rehabilitation or adaptive reuse of nonresidential buildings which
have been at least 60% vacant for a period of not less than 18 months
in the R-90, R-45, R-25, R-20, R-15, R-11 and NC Zones, in accordance
with the following regulations:
B.
Special permit use. Multifamily use provided that
the Commission finds that the above criteria are met.
C.
Pre-application conference. Prior to the submission
of an application for adaptive reuse, all applicants are required
to initiate a pre-application conference with the Commission and its
staff to discuss the conceptual aspects of the proposed development
and to prepare and present a conceptual plan for informal consideration.
D.
Procedure; site plan/special permit review.
(1)
A site plan and application for special permit shall be submitted and reviewed in accordance with Article XIV of these regulations except as modified by Subsection D(2) below. The Commission shall require a minimum of 2.5 parking spaces for each approved dwelling unit. The Commission may require additional parking spaces when deemed appropriate. If, in order to meet the coverage requirements of this section, the coverage requirements of § 315-30D or 315-34D of these regulations are exceeded, the Commission may increase the allowable maximum coverage to accommodate the parking requirements of this section. All other parking standards in Article VII of the regulations shall be adhered to, where applicable.
(2)
Dwelling units shall be limited to existing buildings only. No new buildings or additions to existing buildings shall be constructed on the site to house dwelling units. The site requirements pertaining to the applicable zone within § 315-39 of these regulations shall apply to those portions of the property proposed for such residential development, with the following exceptions:
(a)
The minimum parcel area, maximum density, and
frontage requirements shall not apply. Increases in building height
to accommodate additional dwelling units shall not be permitted. The
existing lot area and coverage of the parcel under consideration shall
be considered the required lot area and coverage, unless they exceed
the minimum area and coverage requirements of the underlying zone,
in which case the least restrictive requirements shall apply.
(b)
The existing front, side, and rear yard of the
building to be converted shall be considered to be the required front,
side and rear yard setback, unless they exceed the minimum yard requirements
of the underlying zone, in which case the least restrictive requirements
shall apply.
(c)
The maximum overall density of dwelling units
in the proposed development shall be as deemed appropriate by the
Commission for the general vicinity of the proposed project. In making
said determination, the Commission shall give consideration to the
size of the building being converted and the location of the building
in relation to retail, medical and transportation facilities, and
the unit mix within the building. To aid in this determination, the
applicant shall supply a vicinity map showing all parcels of land
within 500 feet of the subject property and shall include all land
uses, numbers of dwelling units and the overall density of each parcel
of land.
(d)
All buildings shall be connected to public water
and public sanitary sewer systems or to private systems that meet
the minimum requirements of the Town and State Departments of Health.
(e)
To the extent that the existing parcel areas,
yards, and coverage are nonconforming, in no case shall such nonconformities
be increased except as may be necessary to comply with applicable
parking requirements. Notwithstanding the above, the Commission may
approve the construction of accessory building which may cause the
otherwise applicable coverage requirement to be exceeded.
E.
Buildings and conformity. Accessory buildings shall not contain dwelling units and shall be incidental to a proposed use or uses within structures (i.e., garages, storage sheds). Accessory buildings must meet the current setbacks for the underlying zone as outlined in § 315-39. Additions to existing buildings to accommodate the overall rehabilitation processes associated with converting a building may be permitted and are not to exceed 15% of the gross floor area. All exterior renovations, modifications and additions shall be done in a manner that is compatible with the historic character of the existing buildings.
F.
Applicability of regulations. The Town of Suffield
Zoning Regulations (except as otherwise noted in this section), Inland
Wetlands and Watercourses Agency Rules and Regulations, and Subdivision
Regulations are, where applicable, in full force and effect with respect
to any application for special permit hereunder. No final site plan
shall be approved until the applicant has complied fully with all
of the above regulations.
[Amended 12-14-2011]
A.
The intent of this section is to promote the safe,
effective, and efficient use of small wind energy systems with a nameplate
rated capacity of not more than 100 kW, the primary purpose of which
is to reduce the on-site consumption of utility supplied electricity.
B.
The Commission may grant a special permit for the
installation of a small wind energy producing facility in the FP,
I, PDIP, PDA, R-90, R-45, and R-25 Zones as follows:
(1)
ON-SITE WIND ENERGY FACILITY
TURBINE FACILITY HEIGHT
WIND TURBINE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A wind facility located at a residential, commercial, industrial,
agricultural, institutional, or public facility that will consume
more than 50% of the electricity generated by the facility.
The height above grade of the fixed portion of the tower,
plus any blade that extends above the tower at any point in its arc
is defined as the turbine height.
A wind energy conversion facility that converts kinetic wind
energy into rotational energy that drives an electrical generator.
These facilities generally include but are not limited to a tower,
accelerator platform or nacelle body, and one or more rotors with
two or more blades for each rotor, transmission lines and support
structures, as well as storage, collection, and supply equipment.
(2)
General requirements.
(a)
On-site wind energy facilities shall be secondary
to the principal use of the premises.
(b)
The applicant shall comply with all applicable
Federal Aviation Administration (FAA) requirements, or any other Town,
state, or federal codes, standards, or requirements.
(c)
If the Commission determines that a proposed
facility will result in significant negative impacts, it shall not
be approved.
(3)
Specific standards.
(a)
On residentially zoned properties, a wind turbine's
nameplate rated capacity shall not exceed 10 kW.
(b)
Except during short-term events such as severe
wind storms and utility outages, the facility shall be designed, installed,
and operated so that noise generated by the system shall not exceed
60 decibels (dB), as measured at the closest property boundary.
(c)
Wind facility shall be no higher than 120 feet
in height provided that in all cases the facility complies with all
FAA requirements.
(d)
The wind facility shall be set back, as measured
from the center of the tower, a distance equal to the overall height
of the tower plus the required property line setback. This distance
may be reduced by the Commission if the fall zone is equal to the
distance of the tower plus required property line setback from the
nearest habitable structure and an easement and/or other nonrevocable,
legally binding agreement is granted by the affected property owner.
(e)
The Commission may reduce the minimum fall zone,
as appropriate, based upon site specific considerations.
(f)
The wind facility shall be sited in a manner
that eliminates shadowing or flicker impacts on surrounding properties.
The applicant has the burden of proving that flicker does not have
a significant adverse impact on neighboring or adjacent uses through
either siting or mitigation.
(g)
All utilities serving the facility shall be
underground.
(h)
Base equipment structures, cabinets, and fencing
of ground-mounted facilities shall not be located within any required
yard setback of the underlying zone. Adequate landscaping to buffer
the ground level equipment and structures from adjoining properties
shall be provided if the Commission deems it appropriate.
(4)
Structural standards.
(a)
Unless otherwise approved by the Commission,
all towers proposed under this section shall be monopole.
(b)
Unless required by the FAA, no lights shall
be permitted on any facility above 15 feet of the surrounding grade.
(c)
Unless required by the FAA, the color of the
on-site wind energy facility shall be a neutral, nonreflective exterior
color that blends with the surrounding environment.
(d)
The owner shall maintain the on-site wind facility
in good condition. Maintenance shall include, but not be limited to,
painting, structural repairs, and integrity of security measures.
Site access shall be maintained to a level satisfactory to emergency
first responders (fire, police, and ambulance).
(5)
(6)
Abandonment or decommissioning.
(a)
Any wind facility which has reached the end
of its useful life, or has been abandoned, shall be removed. The applicant
shall notify the Commission of its intent to abandon an on-site wind
facility by certified mail no less than 30 days prior to abandonment
or decommissioning. If the owner fails to give such notice, the on-site
wind facility shall be considered abandoned upon discontinuation of
operations for more than 12 months.
(b)
The owner shall physically remove the wind facility
no more than 120 days after the date of abandonment.
[1]
Removal of the wind facility shall consist of
physical removal of all wind turbines, structures, equipment, security
barriers and transmission lines from the site. Stabilization or re-vegetation
of the site shall be required as necessary to minimize erosion.
[2]
If the owner fails to remove the on-site wind
facility in accordance with this section within 120 days of abandonment
or decommissioning, the Town shall have the authority to enter the
property and physically remove the facility and charge the landowner
for any costs incurred.
(7)
Other.
(a)
To determine the wind potential of a site, wind
monitoring or meteorological towers shall be permitted as temporary
structures for one year in proposed locations provided that Town staff
determines the equipment will not create a nuisance or hazard or excessively
compromise the character of the area.
(b)
To evaluate the proposed site for a wind facility,
the Commission may require balloon tests, photo simulations, and other
studies in connection with any application.
(c)
The Commission may retain a technical expert in accordance with § 315-121B of these regulations.
(d)
The applicant shall coordinate with emergency
services personnel in developing an emergency response plan.
C.
In granting a special permit for an on-site wind energy
facility, the Commission shall have the power to impose such additional
standards and requirements as it deems necessary to carry out the
purposes of these regulations.
[Amended 11-5-2015]
A.
Statement of purpose. It is the intent of this section
to allow for the keeping of domestic chickens in residential areas
for the sole use and enjoyment of the residents of the lot on which
such animals are kept and not for commercial purposes. It is also
the intent of this section to protect and promote the health, safety,
and welfare of residents by limiting the number of hens that can be
kept in order to protect the quality of life of the surrounding neighborhoods.
B.
Locations allowed. The keeping of hens is allowed
as an accessory use on any lot which is at least 1/4 acre (10,890
square feet) in size in single ownership, located in a residential
zone, and which contains a detached single-family home.
C.
Number and type of chickens allowed. Up to six hens
of any breed may be kept on residentially zoned properties of at least
1/4 acre in size. Five additional hens may be kept on properties every
1/4 acre after the first up to five acres in size (i.e., properties
1/2 acre in size could have up to 11 hens). Roosters are prohibited
on properties less than five acres.
D.
Limitations. The keeping of chickens shall be for
personal or household use only and the owner of the chickens must
be a resident of the dwelling situated on the lot where they are kept.
The chickens shall be kept to the owner's property at all times and
shall not be permitted to roam onto adjacent properties. A building
is required for housing the chickens (i.e., chicken coop, including
chicken tractors or henhouse). Audible predator alarms are prohibited
on properties less than five acres.
E.
Buildings housing chickens and fenced enclosures.
Any building used for housing chickens and fenced enclosures associated
with the building shall be located in the side or rear yard at least
75 feet from the street line, 25 feet from side and rear property
lines, and at least 50 feet from any residential dwelling on adjoining
property under separate ownership.
F.
Applicable authorities. All chickens shall be kept
in a manner that conforms to all applicable regulations of the Public
Health Code, the Department of Energy and Environmental Protection
(DEEP), Connecticut Department of Agriculture, and Connecticut General
Statutes.
