City of Meriden, CT Site Plan Approval

Approval by Planning Commission.

Site plan approval by the Planning Commission shall be required before any building permit may be issued for the following:

[1]

All permitted uses of land or buildings in any commercial, industrial or regional development district requiring the construction of 20 or more parking spaces;

[2]

All construction, development or redevelopment in any zone disturbing more than 0.5 acre of total land area;

[3]

All changes of permitted uses adding 25% or more to the floor area, cars generated, parking spaces or occupants of the site;

[4]

All uses in a residential district requiring eight or more off-street parking spaces; and

[5]

All expansions of existing uses which add 25% or more to the floor area, cars generated, parking spaces or occupants of the site.

Modification of an approved site plan that does not exceed the above thresholds shall be reported to the Planning Commission.

Approval by Zoning Board of Appeals.

Site plan approval by the Zoning Board of Appeals (ZBA), as part of a special exception application to the ZBA, shall be required for applications that meet the development thresholds set above in § 213-72A(1) before any building permit may be issued.

Modification of an approved site plan that does not exceed the above thresholds shall be reported to the Zoning Board of Appeals.

Site plan objectives. In reviewing a site plan application, the Commission/Board shall take into consideration the health, safety and welfare of the public in general and the immediate neighborhood in particular and may prescribe reasonable conditions and safeguards to ensure the accomplishment of the following general objectives:

That all buildings, structures, uses, equipment or material are readily accessible for fire and police protection.

That adequate off-street parking and loading spaces are provided to prevent on-street and off-traffic congestion; that all parking spaces and maneuvering areas are suitably identified; that entrances and exits are suitably identified and designed to specific use radii; that the interior circulation system is adequately designed to provide safe and convenient access to all structures, uses and/or parking spaces; that parking areas are provided with suitable bumper guards, guardrails, islands, crosswalks, speed bumps and similar safety devices when deemed necessary by the Commission/Board to adequately protect life and property; and that provision is made for safe pedestrian movement within and adjacent to the property by the installation of sidewalks.

That all proposed traffic and pedestrian accessways do not create traffic hazards and are adequate in width, grade, alignment and visibility; adequate in distance from street corners, places of public assembly and other accessways; and adequate in design for other similar safety considerations.

That the general landscaping of the site complies with the purpose and intent of this chapter; that existing trees are preserved and specimen trees of thirty-six-inch diameter or greater as measured 4.5 feet above ground are actively preserved to the maximum extent possible; and that parking, storage, refuse and service areas are suitably screened during all seasons from the view of adjacent residential zones and public rights-of-way.

(5)

That lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation and that glare from the installation of outdoor lights and illuminated signs is properly shielded from the view of adjacent property and public rights-of-way, as well as from the view of any residential units located on the subject site.

(6)

That all utility systems are suitably located, adequately designed, suitably screened during all seasons from the view of adjacent residential zones and public rights-of-way, and properly installed to serve the proposed uses and to protect the property from adverse air, water or land pollution.

(7)

That the development of the site will preserve sensitive environmental land features, such as 25% or steeper slopes, wetlands and large rock outcroppings, and will preserve public scenic views or historically significant features to the greatest extent possible.

(8)

That soil erosion and sediment controls are designed, installed and maintained to prevent soil erosion and sedimentation resulting from development.

(9)

Adequate provision has been made for the sustained maintenance of the proposed development (structures, streets, landscaping and other improvements). This may include landscaping management plan, litter removal plan and similar documents.

Procedure.

Application. Application for site plan approval shall be made in writing and shall be accompanied by plans, elevations and any other data necessary to show the detail of the proposed use of land or buildings, as outlined in § 213-72J. Each application shall require a fee as indicated in the Land Use Fee Schedule.

Bonding requirements. Before a permit is granted under this section, the applicant may be required to post a bond in accordance with § 8-3 of CGS, as amended. The estimated cost of measures required to control soil erosion and sedimentation, as specified in the approved plan, that are a condition of approval of any site plan may be required to be covered in a performance bond or other assurance in accordance with this provision.

Approval. Approval or rejection of a site plan shall be made in a time manner prescribed under § 8-7d of CGS, as amended.

Soil erosion and sediment control certification. A separate approval shall be required for certification of the soil erosion and sediment control plan, as filed, complies with the requirements and objectives of this chapter.

Inspection. Inspection shall be made by the Commission/Board or its designated agent during development to ensure compliance with the approved plan and that control measures and facilities are performed or installed and maintained. The Commission/Board may require the permittee to verify through progress reports that soil erosion and sediment control measures have been performed or installed according to the certified plan and are being operated and maintained.

Expiration. All work in connection with an approved site plan shall be completed in time prescribed under § 8-3 of CGS, as amended.

Amendments or modification. Application for amendments to an approved site plan shall be made in the same manner as the original application. The Director of Planning or their designee may approved minor modifications.

Continuance. All conditions and improvements shown on an approved site plan shall remain with the property as long as the use indicated on the approved site plan is still in operation. The conditions and improvements shall continue in force regardless of any change in ownership of the property.

Appeals. Any person aggrieved by the action of the Planning Commission or ZBA may appeal said action in accordance with the Connecticut General Statutes.

Application requirements. Application for a site plan shall include seven sets of the following information, maps and plans and accompanied by an electronic file of all documents submitted. All applications shall include an accurate Class A-2 survey of the property and improvements prepared by a land surveyor registered in the State of Connecticut. All plans shall be prepared, signed and sealed by a licensed Connecticut engineer, architect or landscape architect, whichever is appropriate. All plans shall be prepared at a scale of one inch equals not more than 20 feet or not less than 50 feet.

General information.

Name and address of the applicant and owner of record as listed on the City's tax rolls. If the applicant is not the owner of record, the latter shall also sign the application.

Date, North arrow and numerical and graphical scale on each map.

A written description of the proposed use or uses.

(d)

A table or chart indicating the proposed number or amount and types of uses, lot area, lot width, yards, building height, coverage, floor area, parking spaces, landscaping and open spaces as they relate to the requirements of this chapter.

Location map. An accurate scale map at a scale of one inch equals 1,000 feet shall be submitted showing the subject property and all property and streets within 1,000 feet of any part of the subject property.

Easement(s). Location, width and purpose of all existing and proposed easements and rights-of-way on the property.

Buildings and uses.

Location, dimensions, area, height and setbacks of all existing and proposed buildings, signs, fences and walls.

Location of all existing and proposed uses and facilities not requiring a building, such as swimming pools, tennis courts, light standards, tanks, transformers and dumpsters.

(5)

Parking, loading and circulation.

Location, arrangement and dimensions of automobile parking spaces, aisles, vehicular drives, fire lanes, entrances, exits and ramps.

Location, arrangement and dimensions of loading and unloading areas.

Location and dimensions of pedestrian walkways, entrances and exits.

(6)

Signs and lighting.

Location, size, height, orientation and plans of all signs.

Location, size, height, orientation and design of any outdoor lighting.

(7)

Utilities. Location and design of all existing and proposed sanitary sewer, storm drainage, water supply facilities and refuse collection areas, as well as other underground and aboveground utilities. All public utilities shall be placed underground. The Commission may waive this requirement if engineering data substantiates that such underground placement of utilities is impractical.

(8)

Topographic map. The topographic map shall illustrate the existing and proposed conditions of the property, including existing and proposed contours with intervals of five feet, referred to the City of Meriden datum, and location of all existing wooded areas, watercourses, wetlands, rock outcrops and other significant physical features and, where appropriate, the wetlands boundary and the flood hazard area.

(9)

A soil erosion and sediment control map and narrative shall be submitted for all development activities in which the cumulative disturbed area will be more than 1/2 acre. The plan shall conform with § 213-57 of this chapter.

(10)

Open space and landscaping plan. The open space and landscaping plan shall illustrate the existing and proposed landscape development of the property, including location, general layout, type and size of buffer or landscape areas, plant material (including a listing of genus, species, variety, common name, and size), fencing, screening devices, decorative paving or other materials proposed.

(11)

A statement on the plan indicating the presence of endangered, threatened, and special concern species as shown on the Natural Diversity Data Base (NDDB) Maps produced by the Connecticut Department of Energy and Environmental Protection (CT DEEP). If subject species are indicated, a NDDB review of the proposed development by the CT DEEP shall be required and guidelines for the protection of subject species shall be followed.

(12)

Staging plan map. In cases where the applicant wishes to develop in stages, an overall site and staging plan indicating ultimate development for the entire property shall be submitted at the same scale as the site plan.

(13)

Other information. The applicant shall submit any other information deemed by the Commission/Board to be necessary to determine conformity with the intent of this chapter.

§ 213-73 Special exceptions.

[Amended 11-26-2019; 12-7-2020]

Applicability. In all cases where this chapter requires approval by special exception permit, no building permit shall be issued by the Building Official except after public notice and hearing in accordance with the General Statutes of the State of Connecticut upon the authorization of the Planning Commission or the Zoning Board of Appeals.

Special exception objectives. In evaluating a special exception application, the Planning Commission or the Zoning Board of Appeals shall take into consideration the health, safety and welfare of the public, in general, and the immediate neighborhood, in particular, and may prescribe reasonable conditions and safeguards to ensure the accomplishment of the following objectives:

The site plan submitted as part of the application shall satisfy the requirements for site development plan approval as detailed in § 213-72 of this chapter.

The location and size of the proposed use and the nature and intensity of use in relation to the size of the lot will be in harmony with the orderly development of the area, compatible with other existing uses, and, if applicable, further the goals and objectives of the Plan of Conservation and Development.

The design, size, mass, scale, height, and location of the structure and the nature and extent of landscaping on the lot are appropriate for the use and will not hinder or discourage the appropriate use of adjoining property or diminish the value thereof.

The design elements of the proposed development are suitable in relation to the site characteristics and style of other buildings in the immediate area. The Commission may request advice and recommendations from the Design Review Board for issues related to the exterior of structures only.

(5)

The intensity of the proposed use will not alter the essential characteristics of the area or adversely affect property values in the neighborhood.

(6)

The parking and loading facilities are adequate and properly located, and the entrance and exit driveways are laid out to achieve reasonable safety.

(7)

Streets providing access to the proposed use are adequate in width, grade, alignment, and visibility, and have adequate capacity for the additional traffic generated by the proposed use, and the proposed use will not create a traffic hazard and will not block or hamper the City circulation pattern.

(8)

The proposed use or site shall have proper accessibility for fire apparatus and police protection and is laid out and equipped to further the provision of emergency services.

(9)

The water supply, the sewage disposal, and the stormwater drainage shall conform with accepted engineering criteria, comply with all standards of the appropriate regulatory authority, and that such utilities have, or can be improved by the developer to have, adequate capacity for the proposed use.

(10)

The proposed plans have provided for the reasonable conservation of natural features to include the active preservation of specimen trees of thirty-six-inch diameter or greater as measured 4.5 feet aboveground and the utilization of best management practices to minimize degradation of stormwater run-off, and the utilization of landscape and/or buffer areas to protect environmentally sensitive portions of the site.

(11)

Where two or more special exception uses apply to the same premises, the minimum requirements shall be the minimum requirements for each use as specified in this chapter or, in cases of two or more special exception uses in the same building, whichever requirements are more restrictive.

Procedure. Application for a special exception shall be made to the Planning Commission or the Zoning Board of Appeals in writing and shall be accompanied by all required items as outlined in § 213-731. The applicant shall also provide a digital copy of all the materials at the time of submission.

Public hearing and notice.

The Planning Commission or the Zoning Board of Appeals shall hold a public hearing on all applications for a special exception and shall publish a notice of said hearing in a newspaper of general circulation in accordance with §§ 8-3 and 8-7d of the Connecticut General Statutes.

In addition to published notice, the Planning Commission or the Zoning Board of Appeals shall give notice of any such hearing at least 10 days prior to the date of the hearing to the applicant filing the application and to the property owners whose property is located within, abutting and directly across the street from all boundaries of the property which is the subject of such hearing.

Further, the petitioner shall erect or cause to have erected a sign on the premises affected by the proposed special exception at least 10 days prior to the public hearing on such special exception. Said sign shall be a minimum of four feet by five feet with black lettering no smaller than three inches by 1/2 inch on a white background. Said sign shall be weather-resistant, securely fastened or staked, be clearly visible from the street closest to the affected property and be maintained as such until the day following the public hearing. The sign shall contain the following information:

Public Notice

A petition for a special exception has been filed with the (Planning Commission or the Zoning Board of Appeals). A public hearing will be held on said petition on (date of hearing) in City Hall.

A report from the Director of Planning, Development and Enforcement or their designee attesting to whether the above-described sign was erected and maintained as required shall be made part of the record at the public hearing. Failure of a petitioner to comply with this requirement may be grounds for automatic denial of the proposed special exception with consideration being given to cases where weather conditions or acts of vandalism have destroyed a properly posted sign.

The Planning Commission or the Zoning Board of Appeals shall reject or issue a special exception permit according to § 8-7d of the Connecticut General Statutes, as amended.

Conditions and safeguards. Any condition or safeguards attached to the granting of a special exception shall remain with the property as long as the special exception use is still in operation. These conditions and safeguards shall continue in force regardless of any change in ownership of the property.

Revocation. Any authorized special exception shall be subject to revocation by the Planning Commission or the Zoning Board of Appeals if any condition or safeguard imposed by the Planning Commission or the Zoning Board of Appeals upon buildings, structures, land or uses for said permit is not strictly adhered to by the applicant, user and/or owner.

Amendments or modifications. Applications for special exception amendments which are necessitated by site conditions or which are deemed to be in the public interest shall be made in the same manner as the original application, except that amendments which are found to be of a minor nature or which do not materially alter the special exception, as determined by the Planning Commission or the Zoning Board of Appeals, may be authorized with Planning Commission or the Zoning Board of Appeals approval only without another public hearing.

Time period and expiration. In approving a special exception, the Planning Commission or the Zoning Board of Appeals may set time limits on the permit and/or require periodic renewal of the permit without a public hearing. In the event that an appeal is taken from the Planning Commission or the Zoning Board of Appeals' approval of a special exception, then the time period shall commence on the date of final disposition of such litigation.

Continuance. Notwithstanding any other provision of this chapter, when an amendment is adopted to this chapter or boundaries of zoning districts, a special exception which has been approved according to the regulations in effect at the time of filing shall not be required to conform to such amendment, provided that:

Construction of any of the proposed improvements, including but not limited to roads, sewer lines, landscaping, recreational facilities, etc., shall have commenced within five years from the effective date of the special exception and certificate of approval (site plan) approvals.

Construction of the improvements are diligently pursued and prosecuted to substantial completion within the original time constraints set forth at the time of approval or within five years following the effective date of such amendment in the zoning regulations or boundaries of zoning districts.

If the applicant and/or owner does not adhere to these conditions, the special exception permit shall be reconsidered by the Planning Commission or the Zoning Board of Appeals and declared void. Notification thereof shall be filed with the City Clerk.

Applications. Applications to the Planning Commission shall be made in writing in seven copies. Applications to the Zoning Board of Appeals shall be made in writing in 12 copies. All applications for special exception shall include:

A statement describing the existing and proposed use or uses.

A site plan in accordance with § 213-72, if applicable.

A list of all property owners required to be notified in § 213-79B, together with addresses.

All applications shall be accompanied by a fee, as provided in the Fee Schedule of the City of Meriden,[1] to cover the cost of administration. Said fee shall be paid at the time of filing the application.

[1]

Editor's Note: Said fee schedule is on file in the Clerk's office.

Appeals. Appeals from the Planning Commission or the Zoning Board of Appeals may be taken to the Superior and/or Appellate Court in accordance with the Connecticut General Statutes.

§ 213-73.1 Provisional special exceptions.

[Added 9-7-2021]

Purpose. The provisional special exceptions process is intended to ensure that the City of Meriden is compliant with zoning approvals for establishments licensed pursuant to Public Act 21-1. Section 213-73 A through J of the regulations are hereby incorporated into this section. In any conflict between §§ 213-73 and 213-73.1, the provisions of § 213-73.1 shall prevail.

Procedures.

Application for provisional special exception. Applications shall be filed with the Planning Commission in accordance with requirements of § 213-73I. In addition, the applicant shall submit the following documents:

Hours of operation schedule.

Signage plan.

Security plan, including interior floorplan.

(d)

Other documentation to demonstrate compliance with the special exception objectives in § 213-73B, such as a parking analysis or traffic study where applicable or an odor control plan in the case of a producer such as a micro-cultivator.

Application for final special exception. Applications will be filed with the Planning Department and may be granted only upon verification of the applicant's status as an approved provisional licensee by the State of Connecticut Department of Consumer Protection (DCP). Administrative final special exception certification will be provided in the following manner.

The applicant shall provide a copy of their DCP provisional approval to the Planning Department. If the licensee is not the same as the special exception provisional applicant, they shall provide an authorization letter from the owner of the building to apply for final certification of the special exception.

The application shall be reviewed for compliance with distance requirements for the respective use. No final certificates shall be granted if the proposed location does not comply with the distance requirements.