No building or structure shall be erected, expanded,
or structurally altered and no land use shall be established until
a permit therefor has been issued as required below:
A.
Special permit. All applications for a special permit
shall be submitted in writing to, and in a form prescribed by, the
Commission. The Commission shall adopt administrative procedures therefor,
including but not limited to application forms, fees, map submission
requirements, number of copies and filing deadlines. Failure of an
applicant to comply with these application submission requirements
shall be grounds for the Commission to reject or deny such application.
In addition:
(1)
A special permit use identified as such in these regulations shall also require site plan approval, including said plan requirements according to Subsection B below.
(2)
The application submission shall address all
off-site and on-site impacts, requirements, improvements and considerations,
including but not limited to building location, traffic, storm drainage,
sanitary sewerage, water supply, parking and loading, vehicular and
pedestrian circulation, landscaping, and environmental and aesthetic
considerations. Sufficient information to address these major impacts
shall be provided by the applicant so that the Commission can make
an informed decision.
(3)
Special permit uses proposing high traffic generators
where the construction involves more than 25 homes, 50 parking spaces,
or 20,000 square feet of floor area, or any proposal which in the
Commission's judgment would generate high levels of traffic shall
be accompanied by a traffic study prepared by a licensed traffic engineer.
(The Commission may waive this requirement if it finds that the projected
use is of a nature that a significant traffic impact is not anticipated.)
At a minimum, the traffic study shall include data and information
on existing and projected average daily vehicle trips on streets within
1,000 feet of the development, peak-hour traffic, adequacy of rights-of-way
and travel ways, existing roadway capacity, traffic accidents, the
traffic impact of the proposed development, traffic generation data,
traffic lights and intersections, and recommendations for safe pedestrian
and vehicular circulation, including provisions for safe sidewalks
and crosswalks for pedestrians. Where applicable, the applicant shall
include the written recommendations of the Connecticut Department
of Transportation.
[Amended 1-4-2019]
(4)
Where it is projected that the additional traffic
resulting from the proposal will reduce the Level of Service (LOS)
to D or below, the Commission shall not approve the project unless
and until provision has been made for the improvement of said condition.
(5)
Additional information may be required of the
applicant during the Commission's consideration of an application
for a special permit as deemed necessary by the Commission to determine
compliance of the proposed use with these regulations. Such additional
information may include but not be limited to environmental impact
analysis.
B.
Site plans. Applications for site plan approval or
special permit use shall include the following information:
[Amended 2-10-2006; 1-4-2019]
(1)
Town of Suffield site plan application, including a list of abutters within 200 feet according to the most recent Assessor's records and an application fee in accordance with § 315-121 below.
(2)
Statement of purpose or comprehensive written
record detailing the proposed use(s) of the site and building(s) thereon.
(3)
Four prints of the site plan of the premises
at a scale of one inch equals 40 feet, 24 inches by 36 inches in size,
and 10 reduced prints, 11 inches by 17 inches, certified by a licensed
surveyor, engineer, or landscape architect showing the following:
(a)
Name and address of developer and owner of record,
scale of drawing, North arrow, date of preparation and revision(s),
and if a lot in a subdivision a reference to the original subdivision
plan.
(b)
Lot boundaries, dimensions, and lot areas. A
boundary survey of the lot may be required, which shall conform to
Class A-2 requirements of the State of Connecticut.
(c)
An area map, drawn to a scale not larger than
one inch equals 100 feet, showing all properties with owners' names
and addresses within 200 feet.
(d)
The zoning and proposed use of the lot or lots
subject to the application and of the adjacent land within 200 feet
of the perimeter of the site.
(e)
Locations and outlines of all significant natural
or man-made features within 200 feet of the perimeter of the site,
including buildings, fences, signage, roadways, and driveway entrances
to lots on both sides of the street(s) abutting the subject property.
(f)
The location, size and height of all existing
and proposed structures above and below ground.
(g)
Perspectives or elevations of proposed building(s)
as viewed from public roads.
(h)
Access and egress details, including signage,
pedestrian crossings, vehicular movement on the site, pavement materials
and construction specifications.
(i)
The layout of existing and proposed parking and loading facilities and access thereto, including snow storage location and any parking barriers or walkways. A calculation shall be shown on the plan to show that the parking and loading spaces meet the requirements of Article VII of these regulations.
(j)
Existing contours of the land at two-foot intervals
and proposed contours if any change in the grading is proposed.
(k)
An erosion and sedimentation control plan and narrative if required by Article XII of these regulations.
(l)
All present and proposed uses of all structures.
(m)
Location of the proposed sanitary disposal system,
whether by sewer connection or subsurface disposal area, and appropriate
agency approvals, e.g., Health Department or WPCA.
(n)
Where surface or subsurface drainage facilities
are to be constructed or modified, existing and proposed structures
and piping with flow line elevations shall be shown.
(o)
Wetland soils.
(p)
Locations of existing and proposed water supply
either by private well or public water.
(q)
The type, location, and specifications for any outdoor lighting proposed in accordance with § 315-19 of these regulations. Depending on the site conditions and type of use proposed, the Commission may also require that a photometric plan be provided which details the type(s) and wattage(s), installation location, mounting height, and ground level lighting intensity of all lighting within the parcel and at adjacent property lines.
(r)
The type, size and location of all signs where applicable in accordance with Article IX of these regulations.
(s)
Existing (including those to be removed) and proposed trees and shrubs with 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. Required buffers/screening between properties shall also be labeled on the plan in accordance with Article VIII of these regulations. Depending on site conditions and type of use proposed, the Commission may require a landscaping plan prepared by and containing the seal of a landscape architect registered by the State of Connecticut.
(t)
Such additional information as required by the
Zoning Officer, Town Planner, or the Commission, where it is necessary
to determine that the requirements of these regulations are met.
(4)
The
Zoning Officer may excuse compliance with requirements for specific
information otherwise required on the plot plan where such compliance
is not necessary to determine that zoning or other code regulations
are met.
C.
Other.
(1)
Upon determination of the Zoning Officer that
a proposed structure or use complies with these regulations, the Building
Official can issue a building permit.
(2)
Upon determination of the Zoning Officer that
a proposed structure or use complies with these regulations and applicable
laws, the Building Official can issue a certificate of occupancy.
(3)
An application that does not require a site
plan as described above shall consist of those items that the Zoning
Officer determines are necessary to review a proposal for zoning compliance.
(4)
Four copies of elevations and floor plans of the building to
scale, and specifications to indicate the size, kind, and quality
of the proposed construction.
[Added 1-4-2019]
(5)
Measures to be taken to control erosion and sediment, if required,
may be described and provided for in a construction agreement and
the estimated costs of accomplishing such measures may be covered
in a performance bond acceptable to the Commission.
[Added 1-4-2019]
(6)
Letters of approval from the Conservation Commission, Historic
District Commission, Health District, WPCA, and Water Company, as
appropriate.
[Added 1-4-2019]
(8)
Intersections and driveways shall meet the intersection sight
distance requirements of AASHTO. Applicants shall determine the 85th
percentile of operating speed on existing streets by conducting a
speed study or by determining the AASHTO sight distance requirements
for the posted speed limit plus 10 miles per hour.
[Added 1-4-2019]
A.
Special permit. Except as otherwise provided therein,
a use allowed by special permit shall conform to all requirements
of the zoning district in which it is proposed to be located and the
following standards and conditions. A special permit may be approved,
approved with conditions, or denied by the Commission upon completion
of a duly advertised and held public hearing according to the standards
specified below and elsewhere in these regulations.
(1)
Procedure for approval. A public hearing for
a special permit application shall be held within 65 days of the Commission's
receipt of said application, unless the Commission and the applicant
consent to an extension of up to 65 days. The public hearing associated
with said application shall be no longer than 35 days, unless the
applicant consents to an extension of up to 35 days. The Commission
shall decide on the special permit application within 65 days of the
close of the public hearing unless otherwise extended according to
CGS.
(2)
Standards for approval. The Commission may grant
a special permit after considering the health, safety, and welfare
of the public in general and the immediate neighborhood in particular,
and must find that each of the following standards is met, and, where
necessary, shall attach specific conditions to its special permit
approval, if in its opinion such conditions are essential to making
the finding that:
(a)
The location and size of the proposed use; the
nature and intensity of the operation associated with the proposed
use; the size, shape, and character of the site in relation to the
proposed use; and the relationship of the proposed use and site to
adjacent land uses, sites, and streets giving access to it are such
that it will be in harmony with the appropriate and orderly development
of the district in which it is located.
(b)
The kind, location, size, and height of all
proposed structures and the nature and extent of the proposed landscaping
on the lot are such that the use will not hinder or discourage the
appropriate development and use of adjacent properties.
(c)
The impact of the proposed use on traffic safety
and circulation on nearby streets will not be negative and the ability
of such streets to adequately accommodate the traffic to be generated
by the proposed use will be adequate.
(d)
The parking and loading facilities are adequate
and properly located for the proposed use, and entrance and exit driveways
are laid out so as to achieve maximum safety.
(e)
The proposed use is in compliance with the Plan
of Conservation and Development.
(3)
Conditions of approval. In granting a special
permit, the Commission may attach such conditions as may be required
to protect the public health, safety, and general welfare and to ensure
continued compliance with these regulations. Such conditions may include,
but shall not be limited to:
(a)
Hours and days of operation.
(b)
Maximum number of employees.
(c)
Date of expiration of the special permit.
(d)
Periodic review and renewal of the special permit
by the Commission or the Zoning Officer as the case may be, to determine
continuing compliance.
(e)
Improvements to existing public facilities to
accommodate the use.
(f)
Conservation restrictions necessary to protect
and permanently preserve unique natural site features.
(g)
Soil erosion and sedimentation control measures.
(h)
Requiring a performance bond for site improvements.
(i)
In cases where a reasonable and necessary need
for off-site improvements for public safety purposes is demonstrated
or required by the proposed development application, and where no
other property owners receive a special benefit thereby, the Commission
may require the construction of off-site improvements at the applicant's
expense.
(4)
Other.
(a)
A special permit shall authorize only the particular
use or uses specified in the Commission's approval.
(b)
A special permit may be amended or modified provided that application shall be made according to § 315-116 above.
(c)
No special permit shall become effective until
it has been filed in the Town's land records in accordance with the
provisions of the CGS.
(d)
Failure to strictly comply with the special
permit conditions approved by the Commission as a part of the special
permit shall be a violation of these regulations. The Zoning Enforcement
Officer shall notify the applicant, in writing, of the specifics of
the noncompliance and shall provide a reasonable time period for compliance
therewith. Unless there is full compliance within such time period,
the Commission may, following a duly advertised public hearing, rescind
and revoke such special permit.
B.
Site plan. A site plan may be approved, approved with
modifications, or denied by the Commission within 65 days of receipt
of application, unless the applicant and the Commission consent to
one or two extensions of such time period, or the applicant withdraws.
In addition:
(1)
Minor revisions to an approved site plan may
be approved by the Town Planner or Zoning Officer when proposed changes
are limited to landscaping, parking, finish grading, or building additions
or additional structures that are less than 10% of the gross floor
area of the building and not to exceed 2,000 square feet in total
floor area. The Town Planner shall report all such approvals to the
Commission at its next meeting and plans indicating such changes shall
be filed with the Commission. If there is disagreement on any such
issue between the staff and the applicant, the applicant will be referred
to the Commission for site plan approval.
(2)
No certificate of occupancy shall be issued
until as-built drawings in both hard copy and in Disk/CD AutoCad format,
if applicable, have been submitted to the Planning Office and are
determined by the Zoning Officer to be in substantial compliance with
the approved site plan.
(3)
All work in connection with a site plan shall
be completed within five years after the approval of the plan. Failure
to complete all work within such period shall result in automatic
expiration of the approval of such site plan. The Commission may grant
one or more extensions of the time to complete all or part of the
work in connection with the site plan, provided the total extension
or extensions shall not exceed 10 years from the date such site plan
was approved.
As a condition of special permit or site plan
approval, the Commission may require that the applicant post with
the Town a performance bond to guarantee satisfactory completion of
all proposed site improvements (excluding buildings) shown on the
approved site plan. When a performance bond is required by the Commission,
the following shall apply:
A.
An itemized estimate of the cost of the site improvements
shall be prepared by the applicant and shall be submitted to the Town
Engineer for approval at time of application.
B.
Before the release of a performance bond, the site
shall be inspected by the Town Engineer to determine if the required
site improvements have been satisfactorily completed in accordance
with the approved site plan. Based upon these findings, the Town Engineer,
in consultation with the Town Planner, may authorize the release of
such bond as along as the applicant has submitted as-built drawings
in hard copy and electronic format.
C.
The Town Engineer shall file a quarterly report with
the Commission listing all outstanding performance bonds and those
recently released under this section.
D.
Performance and maintenance bonds required under this
section shall:
(1)
Be in a form and with security satisfactory
to the Commission's Counsel; and
(2)
Be in the form of cash, a certified check payable
to the Town, a savings passbook or certificate of deposit in the name
of the Town to be held in escrow by the Town, together with a letter
from the applicant stating that the passbook is being provided in
accordance with the approved site plan and may be drawn against by
the Town, if necessary, or an irrevocable letter of credit from a
bank chartered to conduct business in Connecticut.
A.
These regulations shall be enforced by the Commission
through the Zoning Enforcement Officer or other designee, who is hereby
empowered to cause any building, structure, place or premises to be
inspected and examined and to order, in writing, the remedying of
any condition found to exist therein or thereon in violation of any
provisions of these regulations or, when the violation involves grading
of land or the removal of earth, to issue in writing a cease and desist
order to be effective immediately.
B.
The owner or agent of a building or premises where
a violation of any provision of these regulations has been committed
or exists; or the lessee or tenant of an entire building or an entire
premises where such violation has been committed or exists; or the
owner, agent, lessee or tenant of any part of a building or premises
in which such violation has been committed or exists; or the agent,
architect, builder, contractor or any other person who commits, takes
part or assists in any such violation or who maintains any building
or premises in which any such violation exists shall be subject to
penalties in accordance with the provisions of CGS § 8-12,
as may be amended.
C.
Any person who, having been served by the Zoning Enforcement
Officer with an order to discontinue any such violation, fails to
comply with such order within 10 days after such service; or, having
been served with a cease and desist order with respect to a violation
involving grading of land or removal of earth, fails to comply with
such order immediately; or continues to violate any provision of these
regulations in the manner named in such order shall be subject to
penalties in accordance with the provisions of CGS § 8-12,
as may be amended.
D.
Erosion and sedimentation control inspections/enforcement
shall be conducted by the Conservation Commission or its designee.
The requirements for a proposed amendment to
the Zoning Regulations or Zoning Map are as follows:
A.
A completed Town of Suffield zone change application
form with application fee and letter of explanation of why the change
is being requested shall be submitted.
B.
Applicants requesting an amendment to the Zoning Map
shall provide a preliminary site plan for property to be developed
under the proposed zone. Said plan shall show proposed buildings and
uses, parking, preliminary grading, driveway locations and other proposed
features that will aid the Commission in its deliberations. Supporting
reports such as traffic studies, feasibility studies, compliance with
the Plan of Conservation and Development, etc., shall be submitted
at the time of application to the Commission in order to allow adequate
review by the Commission and its staff. This requirement shall not
apply to proposals by the Commission.
C.
A proposed amendment to the Zoning Map shall include:
(1)
A legal description of the area proposed to
changed.
(2)
Four prints of a map drawn to scale of not more
than one inch to 100 feet showing the proposed change and the zoning
district boundaries of the Zoning Map.
(3)
A list, as taken from the most current Assessor's
records, containing the name, street address, mailing address, and
land use of all property owners whose property, or any portion thereof,
is within 500 feet of the proposed Zoning Map amendment. This requirement
shall not apply to comprehensive or large area revisions as determined
by the Commission.
All applications shall be accompanied by the
appropriate fee as established below.
A.
The fees for the various permits and applications
required by these regulations are hereby established as follows, except
that the Commission and Board of Appeals may waive all or a portion
of a fee which shall be accompanied by a statement of reason:
[Amended 2-10-2006; 1-4-2019]
(1)
Zone change: $200 per acre (minimum of $400)
plus $60 DEEP fee.
(2)
Amendment to zoning text: $200 plus $60 DEEP
fee.
(3)
Site plan: $0.005 per square foot of disturbed
area (minimum of $200) plus $60 DEEP fee.
(4)
Site plan modification: $0.005 per square foot
changed (minimum of $100).
(5)
Planned development apartments: $400 plus $75
per unit plus $60 DEEP fee.
(6)
Special permit use: $0.005 per square foot of
disturbed area (minimum of $400) plus $60 DEEP fee.
(7)
Special permit use renewal: $100, except for
earth removal operations where fee shall be $250 plus $60 DEEP fee.
(8)
Subdivision/resubdivision - new lots: $300 per
each building lot over two (minimum of $600) plus $60 DEEP fee.
(9)
Subdivision/resubdivision - modification of
prior approval: $200 per each building lot over two (minimum of $400)
plus $60 DEEP fee.
(10)
New road construction: $1 per linear foot.
(11)
Temporary special permit use: $25.
(12)
Board of Appeals: $250 plus $60 DEEP fee.
(13)
Zoning compliance certification: $50.
B.
Financing of special study. Certain applications for
extraordinarily large and/or significant projects may pose environmental,
traffic, and/or other problems beyond the expertise of the Commission's
staff to evaluate and make appropriate recommendations. In such instances,
if the Commission, after reviewing the matter with its staff, reasonably
concludes that an outside, independent study or consultation is necessary
for the Commission to decide the issue before it, the Commission may
require an applicant, as a condition of processing its application,
to pay for the cost of such a study or consultation. In such cases
the applicant will be required to place a sum of not to exceed $10,000
into a fee account, the balance of which will be returned to the applicant
after the study and/or consultation is completed.