Article V Special Districts

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:

By an approved state program as determined by the Secretary of the Interior,\; or

SPECIAL FLOOD HAZARD AREA (SFHA)

Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor, provided that such an area meets the design requirements specified in Subsection 5.3.1.3 of this regulation.

MARKET VALUE

As related to substantial improvement and substantial damage, the market value of the structure shall be determined by the property's tax assessment, minus land value; prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring.

MEAN SEA LEVEL (MSL)

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 (FIRM) are referenced.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after November 16, 1981, the effective date of the floodplain management regulations, and includes any subsequent improvements to such structures.

RECREATIONAL VEHICLE

A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light-duty truck; and (d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. SFHAs include, but are not necessarily limited to, the land shown as Zones A, A1-30, AE, AO, AH on a FIRM. The SFHA is also called the area of special flood hazard.

START OF CONSTRUCTION

The date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erections 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.

STRUCTURE

A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. For 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 building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure."

VARIANCE

A grant of relief by the Zoning Board of Appeals from the terms of this section of the regulations that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

VIOLATION

Failure of a structure or other development to be fully compliant with the community's floodplain management regulation. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION

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 riverine areas.

3.0

General provisions.

3.1

Areas to which this regulation applies. This regulation shall apply to all special flood hazard areas (SFHA) within the Town of Somers.

3.2

Basis for establishing the special flood hazard areas (SFHA).

The special flood hazard areas (SFHA) identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for the Town of Somers, Hartford County, dated August 16, 2006, accompanying Flood Insurance Rate Maps (FIRM), dated August 16, 2006, the Somers Connecticut Floodplain Management Study for Gillette's Brook, Gulf Stream, Abbey Brook, and Thrasher and Schanade Brooks, and other supporting data applicable to the Town of Somers, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this regulation. Since mapping is legally adopted by reference into this regulation it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA.

The SFHA includes any area shown on the FIRM as Zones A, AE, AO, and AH, including areas designated as a floodway on a FIRM. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. Also included are areas of potential, demonstrable or historical flooding, including any area contiguous with but outside the SFHA identified by FEMA, and where the land surface elevation is lower than the base flood elevation (BFE) as shown in the FIS, and the area is not protected from flooding by a natural or man-made feature. The FIRM and FIS are on file in the Town Hall, Town of Somers.

3.3

Structures already in compliance. A structure or development already in compliance with this regulation shall not be made noncompliant by any alteration, modification, repair, reconstruction or improvement and must also comply with other applicable local, state, and federal regulations. No structure or land shall hereafter be located, extended, converted, modified or structurally altered without full compliance with the terms of this regulation and other applicable regulations.

3.4

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 another ordinance, regulation easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

3.5

Interpretation. In the interpretation and application of this regulation, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

3.6

Warning and disclaimer of liability. The degree of flood protection required by this regulation is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering consideration and research. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This regulation does not imply or guarantee that land outside the special flood hazard area or uses permitted in such areas will be free from flooding and flood damages. This regulation shall not create liability on the part of the Town of Somers or any officer or employee thereof for any flood damages that result from reliance on this regulation or any administrative decision lawfully made thereunder by the Town of Somers. Its officers and employees shall assume no liability for another person's reliance on any maps, data or information provided by the Town of Somers.

3.7

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.

4.0

Administration.

4.1

Designation of the local administrator. The Town Floodplain Manager is hereby appointed to administer, implement and enforce the provisions of this regulation.

4.2

Certification. Where required under this regulation, a 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 Floodplain Manager.

4.3

Establishment of the floodplain management section of the zoning permit. The flood management section of the zoning permit must be completed in conformance with the provisions of this regulation prior to the commencement of any development activities. Permits issued under this regulation shall expire if actual construction of a permitted structure does not commence within 180 days of the permit approval date.

4.4

Permit application procedures. A flood management section of the zoning permit is hereby established for all construction and other development to be undertaken in special flood hazard areas in this community. Prior to any development activities, application for a flood management section of the zoning permit shall be made to the Town Floodplain Manager on forms provided and may include, but not be limited to, plans in duplicate drawn to scale, showing, at a minimum, the property lines and location of the parcel; the nature, location, dimensions, and elevations of the area in question; limit and extent of the 100-year floodplain and/or floodway boundary and base flood elevation(s); existing and proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required to be submitted to the Town Floodplain Manager.

4.4.1

Application stage. The applicant shall provide at least the following information, where applicable. Additional information may be required on the permit application form.

4.4.1.1

Base flood elevation (BFE) for the site in question as determined in the FEMA Flood Insurance Study (FIS) or Flood Insurance Rate Map (FIRM). The FIS flood profiles provide more accurate BFE data than the FIRM. The extent of the 100-year floodplain and floodway must be depicted with a boundary line on any site plans and shown in relation to existing and proposed structures or development.

4.4.1.2

Elevation in relation to mean sea level of the proposed lowest floor, including basement, of all new construction, substantial improvements or repairs to structures that have sustained substantial damage.

4.4.1.3

Elevation in relation to mean sea level to which any nonresidential new construction, substantial improvements or repair to structures that have sustained substantial damage will be dry floodproofed.

4.4.1.4

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. Computations by a registered professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other materials required by the Federal Emergency Management Agency (FEMA) in order to officially amend or revise the Flood Insurance Rate Map. The applicant must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.

4.4.1.5

A statement and supporting documentation (all costs of project, market value of structure, etc.) verifying that the proposed alterations to an existing structure meet or do not meet the criteria of the substantial improvement and/or substantial damage definition. If a development meets the definition of substantial improvement and/or substantial damage, the structure must be brought into compliance with all floodplain regulations as if it was new construction.

4.4.1.6

Where applicable, the following certifications by a registered professional engineer or architect are required and must be provided to the Town Floodplain Manager. The design and methods of construction must be certified to be in accordance with accepted standards of practice and with the provisions of Subsection 5.3.

Nonresidential floodproofing must meet the provisions of Subsection 5.3.1.2.

Fully enclosed areas below the base flood elevation (BFE) must meet the minimum design criteria in Subsection 5.3.1.3.

No (0.00) increase in floodway water surface elevations are allowed. Any development in a floodway must meet the provisions of Subsection 5.3.4.

4.4.2

Construction stage. Upon completion of the applicable portion of construction, the applicant shall provide verification to the Town Floodplain Manager of the following as is applicable:

4.4.2.1

Lowest floor elevation shall be verified for:

A structure in Zone A, AE, A1-30, AO or AH is the top of the lowest floor (including basement).

A nonresidential structure which has been dry floodproofed is the elevation to which the floodproofing is effective. (Note: For insurance purposes, a dry floodproofed, nonresidential structure is rated based on the elevation of its lowest floor unless it is floodproofed to one foot above the BFE.)

4.4.2.2

Deficiencies detected by the review of the above listed shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.

4.5

Duties and responsibilities of the local administrator. Duties of the Town Floodplain Manager shall include, but not be limited to:

4.5.1

Review all permit applications for completeness, particularly with the requirements of Subsection 4.4.1.

4.5.2

Review all permit applications to determine whether the proposed development and building sites will be reasonably safe from flooding.

4.5.3

Review all development permits to assure that the permit requirements of this regulation have been satisfied.

4.5.4

Review all permit applications to assure that all necessary federal or state permits have been received. Require that copies of such permits be provided and maintained on file with the permit application. Such permits include, but are not limited to, water diversion permit, dam safety permit, and Army Corps of Engineers 401 and 404 permits.

4.5.5

Notify the regional planning agency and affected municipality at least 35 days prior to a public hearing if any change of regulation or use of a flood zone will affect an area within 500 feet of another municipality.

4.5.6

Notify the adjacent communities and the Department of Energy and Environmental Protection (DEEP), Inland Water Resources Division, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

4.5.7

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

4.5.8

Obtain, record and maintain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new construction, substantial improvements or repair to a structure that has sustained substantial damage.

4.5.9

Obtain, record and maintain the elevation (in relation to mean sea level) to which the new construction, substantial improvement or repair to a structure that has sustain substantial damage has been floodproofed.

4.5.10

When floodproofing is utilized for a particular structure, obtain certification from a registered professional engineer or architect, in accordance with Subsection 5.3.1.2.

4.5.11

Where interpretation is needed as to the exact location of boundaries of the area of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions),make necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this regulation.

4.5.12

Require the applicant to provide base flood elevation data for all proposed development, including manufactured home parks and subdivisions.

4.5.13

When base flood elevation data or floodway data have not been provided in accordance with Subsection 3.2 and Subsection 4.4, obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of Subsection 5.0.

4.5.14

All records pertaining to the provisions of this regulation shall be obtained and maintained in the office of the Town Floodplain Manager.

4.5.15

Upon completion of the permitted development and prior to issuance of a certificate of occupancy (CO), necessary as-built surveys (prepared by a Connecticut licensed professional as per Connecticut State Statutes) and engineering and architectural certifications shall be provided to the Town Floodplain Manager demonstrating compliance with the approved plans and standards set forth in Subsection 4.4.

5.0

Provisions for flood hazard reduction.

5.1

General standards. In all special flood hazard areas (SFHAs) the following provisions are required:

5.1.1

New construction, substantial improvements, and structures that have sustained substantial damage shall be constructed using methods and practices that minimize flood damage.

5.1.2

New construction, substantial improvements, and structures that have sustained substantial damage shall be constructed with materials and utility equipment that are flood-damage resistant and conform to the provisions of FEMA Technical Bulletin 2, Flood Damage-Resistant Material Requirements. This includes, but is not limited to, flooring, interior and exterior walls, wall coverings and other materials installed below the base flood elevation plus one foot.

5.1.3

New construction, substantial improvements, and repairs to structures that have sustained substantial damage shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

5.1.4

New construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water unless they are a functionally dependent use or facility.

5.1.5

The bottom of all electrical, heating, plumbing, ventilation and air-conditioning equipment, appliances, fixtures and components, HVAC duct work and duct systems, and any other utility service equipment, facilities, machinery, or connections servicing a structure shall be elevated one foot above the base flood elevation (BFE). This includes, but is not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation duct work, washer and dryer hook-ups, electrical junction boxes, and circuit breaker boxes. Systems, fixtures, equipment and components shall not be mounted on or penetrate through breakaway walls intended to fail under flood loads. Connections or other equipment that must be located below the BFE plus 1.0 foot elevation are permitted only when no other elevation alternative is available and provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of the base flood event. Electrical wiring systems that must be located below the BFE plus 1.0 foot shall conform to the standards for wet locations.

5.1.6

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

5.1.7

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters.

5.1.8

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

5.1.9

Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. Aboveground storage tanks which are located outside or inside of a structure must be elevated one foot above the base flood elevation (BFE) or shall be securely anchored to prevent flotation, collapse or lateral movement under conditions of the base flood. Where elevated on platforms, the platforms shall be cantilevered from or knee braced to the building or shall be supported on elevated foundations that conform to the standards for the particular flood zone as described in Subsection 5.3. Anchored tanks must have the top of the fill pipe located at least one foot above the BFE and have a screw fill cap that does not allow for the infiltration of floodwater.

5.1.10

In any portion of a watercourse that is altered or relocated, the flood-carrying capacity must be maintained. Notify adjacent communities and the Connecticut Department of Energy and Environmental Protection (CT-DEEP), Inland Water Resources Division (IWRD) prior to any alteration or relocation of a watercourse.

5.1.11

If any portion of a structure lies within the special flood hazard area (SFHA), the entire structure is considered to be located within the SFHA and must meet the construction requirements of the flood zone. The structure includes any structurally attached additions, garages, decks, porches, sunrooms, patios or any other structure attached to the main structure.

5.1.12

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., structure must be built to the highest BFE). The structure includes any structurally attached additions, garages, decks, porches, patios, sunrooms, or any other structure attached to the main structure.

5.1.13

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 and including the 100-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.

5.1.14

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 registered professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such 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.

5.2

Standards for watercourses without established base flood elevations (unnumbered A Zone), adopted floodways and/or flood mapping.

5.2.1

The Town Floodplain Manager shall require base flood elevation (BFE) data be provided with any application for new construction, substantial improvement, repair to structures which have sustained substantial damage or other development in Zone A without a FEMA-published BFE (unnumbered A Zone). A registered professional engineer must determine the BFE in accordance with accepted hydrologic and hydraulic engineering practices and document the technical methods used. Studies, analyses and computations shall be submitted in sufficient detail to allow thorough review and approval. The Town Floodplain Manager shall obtain, review and reasonably utilize any BFE and floodway data available from a federal, state or other source, including data developed for subdivision proposals, as criteria for requiring that new construction, substantial improvements, repair to structures which have sustained substantial damage or other development in unnumbered A Zones on the community's Flood Insurance Rate Map (FIRM) meet the standards in Subsection 4.4 and Subsection 5.3. If no BFE can be determined, the lowest floor, including basement, must be elevated to two feet above the highest adjacent grade next to the structure.

5.2.2

When BFEs have been determined within Zones A1-30 and AE on the community's FIRM but a regulatory floodway has not been designated, the Town Floodplain Manager must require that no new construction, substantial improvements, repair to structures which have sustained substantial damage or other development, including fill, shall be permitted which will increase the water surface elevation of the base flood more than one foot at any point within the community when all existing and anticipated development is considered cumulatively with the proposed development.

5.2.3

The Town Floodplain Manager may request floodway data of an applicant for watercourses without FEMA-published floodways. When such data is provided by an applicant or whenever such data is available from any other source (in response to the municipality's request or not), the community shall adopt a regulatory floodway based on the principle that the floodway must be able to convey the waters of the base flood without increasing the water surface elevation more than one foot at any point within the community.

5.2.4

The Town Floodplain Manager shall obtain, review and reasonably utilize any BFE and floodway data available from a federal, state or other source as criteria for requiring that new construction, substantial improvements, repair to structures which have sustained substantial damage or other development in any area of potential, demonstrable or historical flooding within the community meet the standards in Subsection 4.4 and Subsection 5.3.

5.2.5

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first completes all of the provisions required by such Section 65.12.

5.3

Specific standards.

5.3.1

Construction standards in special flood hazard areas (SFHA), Zones A, A1-30, AE.

5.3.1.1

Residential construction. All new principal buildings or other habitable structures are prohibited in special flood hazard areas (SFHA). Accessory buildings or structures, substantial improvements, and repair to structures that have sustained substantial damage which are residential structures shall have the bottom of the lowest floor, including basement, elevated one foot above the base flood elevation (BFE). Electrical, plumbing, machinery or other utility equipment that services the structure must be elevated one foot above the BFE.

5.3.1.2

Nonresidential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage which are commercial, industrial or nonresidential structures shall:

Have the bottom of the lowest floor, including basement, elevated one foot above the base flood elevation (BFE); or

In lieu of being elevated, nonresidential structures may be dry floodproofed to one foot above the BFE, provided that, together with all attendant utilities and sanitary facilities, the areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and provided that such structures are composed of structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall review and/or develop structural design specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice for meeting the provisions of this section. Such certification shall be provided to the Town Floodplain Manager on the FEMA Floodproofing Certificate, Form 81-65.

The bottom of all electrical, plumbing, machinery or other utility equipment that services the structure must be elevated one foot above the BFE.

5.3.1.3

Fully enclosed areas below the base flood elevation of elevated buildings. All new construction, substantial improvements, or repair to structures that have sustained substantial damage, whether residential or nonresidential, that include fully enclosed areas formed by a foundation and other exterior walls shall have the lowest floor elevated to one foot above the base flood elevation (BFE). The elevated building shall be designed to preclude finished living space below the lowest floor and be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls (wet floodproofing). Designs for complying with this requirement must either be certified by a registered professional engineer or architect as meeting the requirements of ASCE 24 Section 2.6.2.2, or meet the following minimum criteria listed in Subsections (a) through (h) below:

Provide a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. The enclosed area is measured on the exterior of the enclosure walls. These hydraulic openings must be located on at least two different exterior walls of each enclosed area. If the structure has more than one enclosed area, openings must be installed in the exterior walls of each enclosed area so that floodwaters can enter directly from the outside.

The bottom of all openings shall be no higher than one foot above the higher of either the final interior grade or floor elevation, or the finished exterior grade adjacent to the outside of the foundation wall. At least one side of the structure's fully enclosed area must be at or above grade. Fill placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The finished floor of the enclosed area shall be no lower than the bottom of the foundation openings. The foundation slab of a residential structure, including the slab or a crawl space, must be set equal to the outside finished grade on at least one side of the building.

The openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters in both directions without any external influence or control such as human intervention, including the use of electrical and other nonautomatic mechanical means. These coverings must not block or impede the automatic flow of floodwaters into and out of the enclosed area. Other coverings may be designed and certified by a registered professional engineer or approved by the Town Floodplain Manager.

Openings shall not be less than three inches in any direction in the plane of the wall.

The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation.

All interior walls, floor, and ceiling materials located below one foot above the BFE shall be unfinished and resistant to flood damage in accordance with FEMA Technical Bulletin 2, Flood Damage-Resistant Requirements.

(g)

Electrical, plumbing, HVAC ductwork, machinery or other utility equipment and connections that service the structure (including, but not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation, washers and dryer hookups, electrical junction boxes, circuit breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE plus one foot. Utilities or service equipment located in this enclosed area, even if elevated one foot above the BFE in the space, will subject the structure to increased flood insurance rates.

(h)

A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of Subsections 5.3.1.3 (a) through (g). A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. Garage doors that must be manually opened do not meet the flood vent opening requirements in Subsection 5.3.1.3 (a) through (c). In addition to the automatic entry of floodwaters, the areas of the garage below BFE plus one foot must be constructed with flood-damage-resistant materials per the requirements of FEMA Technical Bulletin 2. Garages attached to nonresidential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of Subsection 5.3.1.2.

5.3.2

Manufactured (mobile) homes and recreational vehicles (RVs).

5.3.2.1

In all special flood hazard areas (SFHA), manufactured (mobile) homes, trailers and mobile offices are prohibited. Any substantial improvement or repair as a result of substantial damage, shall be elevated so that the bottom of the frame is located one foot above the base flood elevation (BFE). The manufactured home must also meet all the construction standards per Subsection 5.3.1.

5.3.2.2

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 than 10 feet apart, and reinforcement is provided for piers more than six feet above ground level.

5.3.3

Floodways. Located within special flood hazard areas (SFHA) are areas designated as floodways on the community's Flood Insurance Rate Maps (FIRM) or Flood Boundary and Floodway Maps (FBFM). Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and has erosion potential, no encroachments, including fill nor any new construction, substantial improvements, repairs to substantially damaged structures and other developments shall be permitted unless certification, with supporting technical data, by a registered professional engineer is provided demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that encroachments shall not result in any (0.00 feet) increase in flood levels during occurrence of the base flood discharge published by FEMA. Buildings and structures meeting the standard above and located in whole or in part in the floodway shall be designed and constructed in accordance with ASCE 24. Fences in the floodway must be aligned with the flow and be of an open design. A permit may be given which allows encroachments resulting in increases in base flood elevations, provided that the community first obtains a conditional floodway revision by meeting the requirements of CFR 44, Chapter 1, Subsection 65.12.

5.3.4

Standards for development in areas of shallow flooding (Zones AO and AH). Located within the special flood hazard areas (SFHA) are areas designated as shallow flooding areas (AO and AH Zones). These areas have flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In AO and AH Zones, the following provisions apply:

5.3.4.1

For residential structures, all new principal buildings or other habitable structures shall be prohibited. Accessory buildings or structures, substantial improvements and repair to structures that have sustained substantial damage shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as one foot above the depth number specified on the Flood Insurance Rate Map (FIRM). If no depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade.

5.3.4.2

For nonresidential structures, all new construction, substantial improvements and repair to structures that have sustained substantial damage shall:

Have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as one foot above the depth number specified on the Flood Insurance Rate Map (FIRM). If no depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade; or

§ 214-5.2 Planned Development District.

Together with attendant utility and sanitary facilities be completely floodproofed to above the highest adjacent grade at least as high as one foot above the depth number specified on the FIRM, or if no depth number is specified at least three feet above the highest adjacent grade, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Designs for complying with this requirement must be certified by either a registered professional engineer or architect.

5.3.4.3

On-site drainage for all proposed structures in AO and AH Zones located on slopes shall provide adequate drainage paths to guide floodwaters around and away from such structures.

5.3.4.4

Fully enclosed areas below the lowest floor in AO and AH Zones must comply with the provisions of Subsection 5.3.1.3 for hydraulic flood vents.

6.0

Design standards for subdivision proposals.

If a proposed subdivision is located in a special flood hazard area (SFHA) the following requirements shall apply:

6.1

All subdivision proposals shall be consistent with the need to minimize flood damage;

6.2

All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage;

6.3

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

6.4

The Town Floodplain Manager shall require the applicant to provide BFE data for all subdivision proposals. In all special flood hazard areas where base flood elevation (BFE) data is not available, the applicant shall provide a hydrologic and hydraulic engineering analysis performed by a registered professional engineer that generates BFEs for all subdivision proposals and other proposed development, including manufactured home parks and subdivisions.

7.0

Variance procedures.

7.1

Establishment of variance process.

7.1.1

The Zoning Board of Appeals, as established by the Town of Somers, shall hear and decide appeals and requests for variances from the requirements of this regulation.

7.1.2

The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Town Floodplain Manager in the enforcement or administration of this regulation.

7.1.3

Any person aggrieved by the decision of the Zoning Board of Appeals or any person owning land which abuts or is within a radius of 100 feet of the land in question may appeal within 15 days after such decision to the State Superior Court of [Judicial District], as provided in Section 8-8 of the General Statutes of Connecticut.

7.1.4

The Town Floodplain Manager shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) in its biennial report.

7.2

Specific situation variances.

7.2.1

Buildings on an 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 that the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical designation.

7.2.2

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 that 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 7.4.

7.2.3

Floodway prohibition. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

7.3

Considerations for granting of variances. 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 as Subsections 7.3.1 through 7.3.11. Upon consideration of these factors and the purposes of this regulation, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this regulation.

7.3.1

The danger that materials may be swept onto other lands to the injury of others;

7.3.2

The danger to life and property due to flooding or erosion damage;

7.3.3

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

7.3.4

The importance of the services provided by the proposed facility to the community;

7.3.5

The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

7.3.6

The availability of alternative locations not subject to flooding or erosion damage for the proposed use;

7.3.7

The compatibility of the proposed use with existing and anticipated development;

7.3.8

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

7.3.9

The safety of access to the property in times of flood for ordinary and emergency vehicles;

7.3.10

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

7.3.11

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, and streets and bridges.

7.4

Conditions for variances.

7.4.1

Variances shall only be used upon a determination that the variance is the minimum necessary to afford relief considering the flood hazard; and in the instance of an 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. Variances pertain to a piece of property and are not personal in nature. A properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the regulation would create an exceptional hardship to the applicant or the surrounding property owners. Those characteristics must be unique to that property and not be shared by adjacent parcels. For example, economic or financial hardship is not sufficient cause for a variance, nor are inconvenience, aesthetic considerations, physical handicaps, personal preferences or disapproval of one's neighbors.

7.4.2

Variances shall only be used upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship, and; (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, 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. 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 quality to meet Subsection (ii) above. Claims of hardship based on the structure, on economic gain or loss, or on personal or self-created circumstances are not sufficient cause for the granting of a variance.

7.4.3

No variance may be issued within a regulatory floodway that will result in any increase in the 100-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 100-year flood level within a regulatory floodway. The structure and other development must be protected by methods that minimize flood damages.

7.4.4

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 that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation up to amounts as high as $25 for $100 of insurance coverage.

8.0

Enforcement.

8.1

Each permit shall authorize, as a condition of approval, the Town Floodplain Manager or designated agents to make regular inspections of the subject property. The Town Floodplain Manager 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.

8.2

If the Town Floodplain Manager 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, the Town Floodplain Manager shall:

8.2.1

Issue a written order by certified mail, return receipt requested, to the subject property owner, ordering that the activity cease and ordering the property owner to either seek to obtain a floodplain development/building/zoning permit prior to continuing with the activity or, if appropriate, ordering that all violations and/or obstructions be removed from the special flood hazard area (SFHA) immediately.

8.2.2

Notify the Building Official and request that any building permit(s) in force be revoked or suspended and that a stop-work order be issued.

8.2.3

The Town Floodplain Manager may suspend or revoke a floodplain development permit if it is found that the applicant has not complied with the terms, conditions or limitations set forth in the permit or has exceeded the scope of work as set forth in the application including application plans. Prior to revoking any permit, the Town Floodplain Manager shall issue notice to the permittee, personally or by certified mail, return receipt requested, setting forth the facts or conduct which warrants the intended action.

8.2.4

Failure to comply with any written order issued under this section shall be considered a violation of these regulations and is subject to the penalties described in Subsection 9.0.

8.2.5

In the event violations or obstructions are not promptly removed from the special flood hazard area (SFHA), the Town Floodplain Manager may cause such removal and remediation work to be performed utilizing bond money held in escrow pursuant to Subsection 3.0 of this regulation, or may direct the Director of Public Works or appropriate agent to cause such work to be done and to place a lien against the property.

8.2.6

Any person subjected to enforcement action pursuant to this regulation, may appeal any requirement, decision, or determination of the Town Floodplain Manager to the local appeals board, in accordance with Subsection 7.0 of this regulation. Such person shall provide such information as necessary, including appropriate certifications from a registered professional engineer or architect in order to substantiate the claim that the requirement, decision, or determination of the Town Floodplain Manager was in error or unwarranted.

9.0

Penalties for violation.

Any violation of the provisions of this regulation or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grant of variances or special exceptions, shall constitute a misdemeanor. Any person who violates this regulation or fails to comply with any of its requirements shall, upon conviction thereof, be fined a penalty of $250 per day or imprisoned for not more than 10 days for each day of violation, or both, and in addition shall pay all costs and reasonable legal fees involved in the case. Nothing herein contained shall prevent the Town of Somers from taking such lawful action as is necessary to prevent or remedy any violation.

[1]

[Amended 3-31-2026, eff. 5-1-2026]

[Amended 3-31-2026, eff. 5-1-2026]

Purpose.

This section of the regulations is intended to permit modification of the strict application of the standards and provisions of these regulations to accomplish the purposes set forth below:

Enable the development or redevelopment of specific areas in accordance with an overall Master Plan for such area and in accordance with the Plan of Conservation and Development adopted in accordance with C.G.S. Section 8-23, as may be amended.

Be flexible in order to allow for innovative design techniques, accommodate unique uses and/or encourage creative approaches to development or redevelopment.

Promote economic development in appropriate locations which will help meet community needs and be compatible with the community.

Result in a development that demonstrates a high regard for design and that is compatible with the historic, cultural and geographic qualities of Somers.

Eligible areas.

In order to establish a Planned Development District (PDD), public water and public sewers shall be provided to the proposed development and at least one of the following conditions shall be met:

The location of the proposed PDD shall be identified as a potential location for a PDD in the Plan of Conservation and Development adopted in accordance with C.G.S. Section 8-23, as may be amended.

The location of the proposed PDD shall consist of an assemblage of contiguous or abutting properties, with at least one of the properties identified as a potential location for a PDD in the Plan of Conservation and Development adopted in accordance with C.G.S. Section 8-23, as may be amended.

The location of the proposed PDD shall be contiguous or abutting to a PDD previously approved by the Planning & Zoning Commission, provided that the Master Plan demonstrates that the proposed development will complement the overall development of the area.

Preliminary discussion.

In order to guide the proposed development and minimize the potential for unnecessary expense or delay, persons wishing to establish a Planned Development District hereunder are strongly encouraged to arrange for preliminary meetings with the Planning & Zoning Commission prior to submitting an application for a Planned Development District.

Application requirements.

A Planned Development District may only be established by approval of three applications submitted and processed at the same time:

A Master Plan providing the information described in Section 214-5.2E in sufficient detail for the Planning & Zoning Commission to understand and establish the overall parameters of the proposed development;

A text amendment application, processed in accordance with Section 214-9.5 of these regulations, where "the exact wording of the change applied for" shall refer to the Master Plan documents as may be approved by the Planning & Zoning Commission in accordance with this Section 214-5.2 of the regulations; and

A Zoning Map amendment application, processed in accordance with Section 214-9.6 of these regulations, locating the proposed Planned Development District on the Official Zoning Map.

Once a Planned Development District is established, actual development may only occur with site plan approval as provided in Section 214-9.3 of these regulations where the purpose of such site plan approval is to determine if the proposed development is consistent with the approved Master Plan and to document the proposed improvements.

As provided in Chapter 114 of the Ordinances of the Town of Somers, the Planning & Zoning Commission may require the applicant to pay the cost of reasonable consulting fees for peer review of the technical aspects of any of the applications.

Requirements for Master Plan submittal.

A Master Plan of the proposed development shall be submitted to the Planning & Zoning Commission for approval, and such Master Plan shall include the following:

Overview of Planned Development District: a name identifying the proposed Planned Development District and a general statement regarding the intent of the proposed Planned Development District.

Conceptual site plans: one or more sheets depicting the proposed schematic design of the site, including:

The identification and general location of proposed uses;

Existing and proposed building footprints;

Proposed public and private streets, sidewalks and/or pedestrian walkways, rights-of-way, and parking areas;

A landscaping plan, including the location of proposed buffers;

Information regarding the provision of water, sewer, drainage, and other utilities; and

The location of public and/or private open space or conservation areas.

Schematic architectural drawings: one or more sheets illustrating the schematic design of the proposed buildings and structures, including:

Schematic floor plans;

Architectural elevations of all buildings; and/or

Photographs of buildings similar to the proposed buildings.

Data table. Information regarding the proposed development, including:

Lot area and lot frontage;

Building setbacks, yards, and/or building separations;

Lot coverage [coverage by building(s) and impervious coverage];

Proposed floor area by proposed use;

Parking spaces.

Additional documentation. Depending on the nature and/or intensity of the proposed Planned Development District, the following documentation may also be required by the Planning & Zoning Commission:

A traffic study estimating the potential traffic generation and the capacity of streets within and neighboring the district to accommodate the projected traffic;

A report regarding the adequacy of proposed utility services;

A statement on how the proposed development complies with the Plan of Conservation and Development; and

Any additional information as may be required by Section 214-9.3 of these regulations.

Application processing.

Following the close of the public hearing(s), the Planning & Zoning Commission shall first approve, modify and approve, or deny the Master Plan.

In evaluating the merits of the Master Plan and determining the appropriateness of a proposed PDD, the Planning & Zoning Commission shall consider the following factors:

Consistency with the Plan of Conservation and Development, as may be amended.

Whether the proposed PDD promotes reasonable and logical development to serve the public interests of the community.

Whether the uses proposed are consistent with the special use permit considerations and criteria, as appropriate, of Section 214-9.4E of these regulations.

Accessibility to major roads and proximity to community services.

Physical characteristics of the lot.

The capability of existing infrastructure to support the proposed development (or infrastructure to be provided by the applicant).

(g)

Any other factors that it deems applicable to a change of zone request.

If the Planning & Zoning Commission denies the Master Plan, it shall also deny the text amendment application and the Zoning Map amendment application.

If the Planning & Zoning Commission approves or modifies and approves the Master Plan, the Planning & Zoning Commission may approve the text amendment application.

If the Planning & Zoning Commission approves or modifies and approves the Master Plan, the Planning & Zoning Commission may approve the Zoning Map amendment application.

Effect of approval.

If the Planning & Zoning Commission approves the text amendment application, the effect of such approval shall be, provided that the requirements of Section 214-5.2H below are followed, to treat the Master Plan materials approved by the Planning & Zoning Commission and any conditions of approval as if they were a distinct part of the text of these regulations and to modify Section 214-5.2K of these regulations to reference the approved Master Plan and any conditions of approval.

If the Planning & Zoning Commission approves the Zoning Map amendment application, the effect of such approval shall be to rezone the property to the name of the Planned Development District, provided that the requirements of Section 214-5.2H below are followed.

Adoption of a PDD by the Planning & Zoning Commission and completion of the requirements of Section 214-5.2H below shall constitute authorization to apply for site plan approval.

Any provision of these regulations applicable to the property prior to the zone change and text amendment and not superseded by adoption of the Master Plan, standards, and Zoning Map and text amendments shall continue in full force and effect.

Completion of approval.

If the Planning & Zoning Commission approves the text amendment application, the approved Master Plan and accompanying material shall, within 90 days of the Planning & Zoning Commission's action, be submitted to the Planning & Zoning Commission for signature by the Chair or the approval of the zone change and text change shall be null and void.

Once signed by the Chair of the Planning & Zoning Commission, the approved Master Plan shall, at the applicant's expense, be filed on the land records within 30 days of the Chairman's signature or the approval of the zone change and text change shall be null and void.

Upon request of the applicant and for good cause shown, the Planning & Zoning Commission may extend the period prescribed in Section 214-5.2H(1) by 90 additional days and/or the period prescribed in Section 214-5.2H(2) by 30 additional days.

The effective date of the text amendment and the Zoning Map amendment applications shall be the date that the approved Master Plan documents, signed by the Chair of the Planning & Zoning Commission, are filed on the land records by the applicant at the applicant's expense.

Site plan approval.

No construction within the PDD may occur without approval of detailed site plans in accordance with Section 214-9.3 of these regulations documenting that the proposed construction substantially conforms to the approved Master Plan and standard engineering requirements.

If site plans are not submitted within two years of the effective date of the text amendment and the Zoning Map amendment applications, or within two years of the final dismissal of an appeal of such zone change by a court of competent jurisdiction, and if an extension of time is not given by the Planning & Zoning Commission for good cause shown, then the text amendment application and the Zoning Map amendment application shall become null and void and the PDD area shall revert to all the requirements of its previous zoning.

Site plans may be submitted in phases, provided that such phases:

Include all those public amenities and features used as a public protection for the surrounding area; and

Shall be capable of complete and self-sufficient existence without the completion of the remaining stages.

If construction of improvements is not begun and diligently prosecuted to completion within five years of the effective date of the text amendment application and the Zoning Map amendment application, or within five years of the final dismissal of an appeal of such zone change by a court of competent jurisdiction, and if an extension of time is not given by the Planning & Zoning Commission for good cause shown, then the text amendment application and the Zoning Map amendment application shall become null and void and the PDD area shall revert to all the requirements of its previous zoning.

No certificate of zoning compliance precedent to a certificate of occupancy shall be issued within the PDD without the posting of a financial guaranty, in form, amount and surety approved by the Planning & Zoning Commission, to guarantee the provision of common elements which may be included in a later phase but are considered by the Commission to be integral to the overall development, including, but not limited to, private roads, buffer strips, walkways, recreational facilities, or other common elements.

Future modifications.

Any modification of an approved Master Plan may be approved by site plan approval in accordance Section 214-9.3 of these regulations if the modification:

Decreases the dimensional elements (e.g., reduction of building size) or lessens the impact on abutting properties; and/or

Does not substantially alter, in the opinion of the Planning & Zoning Commission, the character of the approved Master Plan.

Any modification of an approved Master Plan shall be approved by a text amendment in accordance with Section 214-9.5 and with Section 214-5.2H of these regulations codifying the revised Master Plan as part of this Section 214-5.2 of the regulations if the modification:

Adds or deletes a permitted use or substantially alters, in the opinion of the Planning & Zoning Commission, the area devoted to different uses in the approved Master Plan.

Increases the dimensional elements in the Master Plan (e.g., expansion of building size).

Substantially alters, in the opinion of the Planning & Zoning Commission, the character of the approved Master Plan.

Approved Planned Development Districts.

§ 214-5.3 Detached Housing Development Zone (DHD).

Planned Development District No. 1 (<<insert name of PDD District>>) approved by the Planning & Zoning Commission at a meeting on (<<insert date of ZC approval>>), effective on (<<insert date of filing on land records>>), and filed on the land records at Volume _____, Page _____ and/or Map File _____.

Purpose.

It is the purpose of this section to allow for greater variety and flexibility in the development of housing types and to facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner while at the same time conserving important natural site features and permanently preserving open space, while at the same time providing for low-density detached and semidetached housing for young professionals, empty-nesters.

Procedure.

After a public hearing, the Planning Commission may grant a special use permit for the development of detached and semidetached housing units.

Definitions.

As used in this section, the following terms shall have the meanings indicated:

DETACHED HOUSING

Detached housing units are single-family dwelling units that do not share any walls or other structural elements with other units.

SEMIDETACHED HOUSING

Semidetached housing units are single-family dwelling units that share walls or other structural elements with other units. No more than four units can be attached or connected.

Application.

The applicant shall submit a written application on the prescribed form containing all the information required hereafter, including the following materials:

A development statement listing the development team, setting forth the development concept, including, in tabular form, the number of units, type, size (number of bedrooms, amount of living space, gross floor area), ground coverage and summary showing the area of residential development and common open space as a percentage of the total area.

A development site plan of the entire tract in accordance with the requirements of this Section 214-5.3 and Sections 214-9.3 and 214-9.4 and meeting, to the extent applicable, the requirements set forth for a definitive plan in the Somers Subdivision Regulations.[1]

[1]

Editor's Note: See Ch. 213, Subdivision of Land.

An architectural rendering of the site plans and typical structures, including floor plans and elevations.

A traffic study of the area as it may be affected by the proposed development, including present and anticipated traffic counts, flow patterns, and capacity analysis of present and proposed intersections and entrances serving the development.

An engineering report regarding the adequacy of sewage disposal, water supply and stormwater drainage as the proposed design relates to existing utilities to the Town.

A copy of the sewage disposal plans and application to the State Department of Health or Department of Environmental Protection.

Said application shall contain sufficient information so that the Planning Commission can determine the applicability of said application for the following items:

Consistency with the Somers Town Plan of Conservation and Development;

Preservation and protection of the character of the Town and especially the immediate neighborhood, giving due consideration to such features as public safety, including traffic control and traffic impact upon surrounding roads; development of adequate recreational facilities for the use of the residents of said proposal; adequate fire protection; public health, including sewage disposal, drainage and water supply; and the compatibility of the size, location, architecture, and landscaping of said project with the adjacent neighborhood and the Town;

Minimizing potential adverse environmental impacts upon the Town;

The application is likely to result in a financially stable, soundly and attractively constructed and well managed and maintained project; and

Conformity with the specific provisions of the design guidelines of this section.

Said permit shall not be issued unless the Planning Commission affirmatively determines that each of the above listed criteria is met by said applicant.

The applicant shall pay an application fee which is computed as the total of the following which are applicable to such application:

Base application fee: $200.

For every 100 feet, or any part thereof, of new roadway proposed to be constructed as part of the project and intended to be deeded to the Town as public right-of-way: $85.

For every 100 feet, or any part thereof, of existing or previously approved public rights-of-way for Town or state roadways abutted by the boundaries of the land contained in the proposed project: $55.

The following will be added according to unit count:

[1]

For each of the first 25 units: $100.

[2]

For each of the 26th through the 50th units: $75.

[3]

For each new unit over the 50th lot to be created by the project filed with the Planning Commission: $50.

Applicable State of Connecticut fee pursuant to Section 22a-27j of the Connecticut General State Statutes.

For sedimentation and erosion control measures review: $50 per building.

(g)

All applicable fees must be paid in full at the time the application is filed with the Planning Commission.

Use regulations.

The following uses shall be permitted:

Up to a story-and-one-half one-family detached dwellings = one unit;

Up to a story-and-one-half two-family detached dwellings = two units;

Up to a story-and-one-half semidetached dwellings not exceeding four units per building = four units;

Recreational uses and community facilities, such as parks, gardens, swimming pools, tennis courts, clubhouses and community buildings;

Accessory uses customarily incidental and subordinate to the principal uses listed above, but expressly excluding any commercial or retail enterprises or home occupations.

Dimensional regulations.

Property for detached housing use shall comply with the following dimensional requirements:

Minimum parcel size. The total parcel shall have a minimum area of not less than 20 acres. A minimum area of 10 acres of the total area required for zoning compliance shall consist of buildable area as defined Section 214-2.2 of these regulations.

Minimum parcel frontage. The total parcel shall have a minimum frontage on an approved public way of at least 100 feet. Frontage need only be met on one road. There shall be no frontage requirements within the zone.

Front, side and rear yards. The minimum front yard (setback), side yard and rear yard requirements shall be 80 feet and shall pertain only to the periphery of the parcel.

Buffer area. A landscaped buffer strip not less than 30 feet wide, as described in Section 214-7.4 of these regulations, shall be provided along the perimeter of the property. The buffer area shall be counted as part of the front, side and rear yards. Additional buffering may be required in environmentally sensitive areas at the discretion of the Planning Commission. The Commission may modify or waive the buffering requirements where variations in topography, natural features, or compatible land uses negate the need for such a buffer.

Density regulations.

The maximum number of dwelling units permitted shall be determined by the Planning Commission to assure compliance with the purpose and intent of these regulations, and in any event shall not exceed four dwelling units per acre of buildable land. The maximum number of units permitted per development shall equal the buildable area of the parcel multiplied by four. The Commission may allow the units to be concentrated on a small area of the site or spread over the entire site.

Building requirements.

Building character. The detached housing shall be an architecturally integrated development An architectural theme shall be carried out by the use of common building materials, colors, exterior detailing, bulk and/or rooflines. Rigidity in design shall be avoided. Design characteristics shall be stated in the development application and shall include, but not be limited to, building materials, architectural design, and street furniture, and shall require Planning Commission approval.

Building location. Building location and orientation shall reflect:

Relationship to the street line and to other buildings in the development if in close proximity, in order to protect privacy and create visual coherence;

Views, solar access, and access to common open space, in order to enhance the occupant's scale and identity;

Organization of large developments into recognizable subareas in order to provide scale and identity;

Avoidance of major topographic change and destruction of significant natural site features, including removal of native trees and vegetation in order to preserve and protect the environment;

Reduction of visual intrusion into abutting properties in order to protect existing character. To the extent practicable, the units shall be developed more towards the interior rather than the periphery of the tract so that the detached and semidetached residences, if any, border adjacent properties, and act as buffer between the development and preexisting one-family neighborhoods.

Maximum building height. The maximum height of structures shall be 1.5 stories and 35 feet above the ground.

Maximum number of bedrooms. The maximum number of bedrooms or rooms used primarily for sleeping purposes per dwelling unit shall be two.

Minimum floor area. The minimum floor area for any one dwelling unit shall be 900 square feet.

(6)

ADA requirements. All exterior facilities shall comply with the current ADA requirements.

Utilities.

Each dwelling unit shall be provided with access, drainage and utilities that are functionally equivalent to that provided under the Somers Subdivision Regulations.[2] All utilities shall be placed underground.

[2]

Editor's Note: See Ch. 213, Subdivision of Land.

All structures that require plumbing shall be served by a sewage disposal system and a public water supply. All sewage disposal systems require approval from the Town's designated agent and the State Health Department and/or the Department of Energy and Environmental Protection.

All lighting and illumination in and around the buildings and in the public areas shall at a minimum meet IESNA standards.

Parking and circulation requirements.

There shall be an adequate, safe, and convenient arrangement of pedestrian circulation (such as sidewalks, pathways, and walkways), roadways, driveways and parking.

Vehicular access to the development shall be provided from an existing public right-of-way, dedicated and accepted by the Town or state, which in the opinion of the Planning Commission is adequate to service the proposed development. As a matter of public safety, an alternate emergency access may be required.

All roads within the development shall be privately owned and maintained and shall be designed with sufficient width, suitable grade and adequate construction to safely provide for the needs of vehicular traffic generated by the development. All roads shall be designed and constructed according to the requirements of the Somers Subdivision Regulations[3] or as otherwise modified by the Planning Commission.

[3]

Editor's Note: See Ch. 213, Subdivision of Land.

Garages or off-street parking spaces, or a combination thereof, shall be provided for all occupants, employees, and visitors, and shall be not less than 3.0 spaces per dwelling unit, one of which must be in a garage.

The use of exterior stairs and raised curbing in areas where there is pedestrian activity shall be minimized. Single-riser steps or stairs and ramp stairways, as well as individual wheel stops in or around parking lots, shall be prohibited. When a barrier is needed to separate vehicles from islands, walks, signs, etc., other devices shall be used as approved by the Planning Commission.

Landscaping requirements.

A coordinated landscape design for the entire project area, including landscaping of structures, parking areas, driveways, and walkways, and buffer strips, shall be submitted for approval by the Planning Commission.

Wherever possible, existing trees and vegetative cover shall be conserved and integrated into the landscape design.

Proper maintenance of the landscaping, including the buffer strip, shall be the responsibility of the association, and shall be a condition of conformance with the Zoning Regulations.

Common open space requirements.

All land within the development which is not covered by buildings, roads, driveways, parking areas or other development, or which is not set aside as private yards, patios or gardens for the residents, shall be common open space. The area of the common open space shall equal at least 30% of the total buildable area of the development tact. Such land shall have a shape, dimension, character, and location suitable to assure its use for park, recreation, conservation, or agricultural purposes by all the residents of the development. Land used for septic system(s) may be part of the open space calculation.

Suitable and usable outdoor recreational area or areas shall be provided for the use of tenants. At least 2,000 square feet per dwelling unit must be usable open space for active and passive recreation. Such space shall be defined to include land for community gardens, hiking/jogging paths, tennis courts or similar facilities.

Subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities, shall be prohibited.

Provision shall be made so that the common open space shall be owned in common and readily accessible to the owners and residents of all units in the development, or by a membership corporation, trust or association whose members are the owners and residents of the units. In all cases, the common open space shall be subject to a perpetual restriction running to and enforceable by the Town as a third-party beneficiary, which shall be recorded in the Somers land records. Such restriction shall be in such form and substance as the Planning Commission shall prescribe and may contain such additional restrictions on development and the use of common open space as the Commission may deem appropriate. Any proposed documents drafted in accordance with the section shall be submitted to the Commission as part of the application and shall be reviewed by the Town Counsel.

Community association.

An owners' association shall be established, requiring membership of each lot or unit owner in the development. The association shall be responsible for the permanent maintenance of water, sewage, recreational and infrastructure facilities. An association agreement or covenant shall be submitted with the application guaranteeing the continuing maintenance of such common utilities, land and facilities by assessing each unit a share of maintenance expenses. Such agreement shall be subject to the review and approval of Town Counsel and the Planning Commission as part of the permit and shall comply with the provisions of C.G.S. Section 47-200 et seq.

Project identification.

As a condition of its approval, the Planning Commission may permit a sign showing the project name to be permanently affixed at each entrance to the development. Each sign shall be of a size and design to be approved by the Planning Commission, provided that no such sign shall exceed 20 square feet in size. The design of the sign shall be compatible with the character of the development.