[Amended 8-28-2023]
The intent of the special permit regulations is to provide a
comprehensive review, including a public hearing, of the proposed
plan for the layout of the building(s), structure(s) or use(s) in
relationship to the topographical, geological and other natural features
of the land and of the impact of the use(s) upon the environment,
health, safety and welfare of the members of the community. It is
intended to ensure that the design and layout of the site and the
proposed use(s) will constitute suitable and appropriate development
consistent with the intent of the district and will not result in
a decrease in property values or be a detriment to the present and
potential use of the area in which it is to be located. Special permit
procedures are also intended to assure that proposed buildings, structures
and uses will provide for the maintenance of air, surface water and
groundwater quality and will not be detrimental to existing sources
of potable water or other natural or historic resources.
A special permit shall be issued by the Commission and become effective before any person may establish or change any land use, or use, erect, construct, move, enlarge or alter any building or structure, in whole or in part, if the use, structure or building resulting from such activity is listed as a special permitted use under Article 6 of these regulations for the district in which it would be located. The issuance of a special permit under these regulations fulfills the requirement for the issuance of a zoning permit.
A.
Applications for special permits shall be filed with the Commission on a form approved by the Commission. At a minimum, a .pdf file and two copies of all required documents for each application needing approval shall be submitted and accompanied by the same number of copies of a site plan on eleven-inch by seventeen-inch paper, as described in Article 4, § 275-4.4, of these regulations. The Commission may require additional copies be provided.
B.
The Commission may, after the date of receipt of any application,
require the applicant to submit additional information if the Commission
finds that such information is necessary or would be helpful in determining
whether the proposed building, structure or use conforms to these
regulations. Such additional information may include, but is not limited
to, the following:
(1)
The nature and amount of any hazardous materials or wastes to
be produced, used or stored on the lot and the manner in which such
production, use or storage will be carried out.
(2)
The nature of existing land uses and abutting properties.
(3)
The location of rock outcropping, slopes in excess of 25%, soil
types delineated by a qualified soil scientist, forested areas on
the lot, wetlands and watercourses.
(4)
A traffic impact statement or traffic report if the proposed
use(s) may be reasonably believed to result in an intensification
of traffic.
(a)
If the Commission requests a traffic report, that report shall
be prepared by a qualified traffic engineer and shall indicate existing
traffic conditions at normal and peak travel times for, at a minimum,
any street abutting or passing through the lot affected by the application
activity. It shall also indicate the projected impact of the proposed
use on such traffic conditions.
(5)
The schedule for any construction or other development activities,
including, but not limited to, erection of or other work on any buildings
or structures, grading, removal of vegetation, landscaping and drainage
improvements.
(6)
Identification of potential areas of concern for rare or endangered
species, as shown on the CT DEEP Natural Diversity Database maps:
https://www.depdata.ct.gov/naturalresources/endangeredspecies/nddbpdfs.asp.
C.
If the applicant elects to furnish the additional information required
by the Commission, the applicant shall file with the Commission a
written consent to the extension of the period of time within which
the Commission would otherwise be required by law to commence a public
hearing. If the applicant declines or fails to furnish the additional
information, the Commission shall proceed to act upon the application
pursuant to these regulations.
In deciding upon any application for a special permit, the Commission
may consider the following criteria, in addition to the other applicable
criteria set forth in other sections of these regulations:
A.
The size and intensity of the proposed use and the impact of such
use on neighboring property.
B.
The potential for creation of a nuisance to neighboring properties,
whether by noise, air, light or water pollution; offensive odors,
smoke, dust or vibrations; or other known likely effects of the proposed
use.
C.
The safety of vehicular and pedestrian movement relative to the site,
and the impact of the proposed uses on existing local traffic.
D.
Accessibility for emergency vehicles, e.g., police, fire and emergency
transportation vehicles.
E.
The adequacy of proposed methods for disposal of wastes, particularly
with regard to any materials that could cause an adverse effect on
groundwater or wetlands.
F.
The potential for and the adequacy of measures for the prevention
of surface water and groundwater pollution, soil erosion and sedimentation,
increased runoff or changes in groundwater levels.
G.
Measures for dealing with runoff and surface pollutants from driveway
and parking areas.
H.
The compatibility of the design, layout and operation of the proposed
buildings, structures or uses with nearby properties and their impacts
on the usefulness and value of nearby property.
I.
Impacts resulting from the proposed uses and the availability and
adequacy of existing fire and police protection, transportation, water
or sewage facilities, schools or other public facilities to meet the
needs of the proposed use(s).
J.
The impact of the proposed uses on existing or potential local water
supplies and recharge areas.
K.
The existence and protection of important natural and historic resources.
A.
The Commission may place, on a special permit, conditions it may
reasonably deem necessary to assure that any proposed building, structure
or use will conform to the standards and limitations set forth in
these regulations; will protect the rights of individuals and the
health, safety and welfare of local residents and the community; and
will protect local property values. The conditions may relate to,
without limitation, the spatial design and layout of buildings, structures
and uses; provisions for exterior lighting, parking, loading, surface
and subsurface drainage, sanitary facilities, waste disposal, vehicle
and pedestrian circulation, landscaping, screening, and protection
of the environment and of natural and historic resources; construction
or other development schedules; and hours of operation of the proposed
building, structure or use. The Commission may also condition the
issuance of any special permit on the posting of a bond or other security
in an amount and with surety satisfactory to the Commission to secure
the performance of all conditions and the completion of all improvements
to be conveyed to the Town that are required under such a special
permit.
B.
All buildings, structures and uses for which a special permit is
required under these regulations shall meet the applicable standards
set forth throughout these regulations.
C.
In addition, the Commission may consider the following standards:
(1)
Preservation of landscape. The landscape shall be preserved
insofar as practicable by minimizing grading and the removal of vegetation
and soil. Where vegetative cover does not exist or has been removed,
new plantings may be required. Preference is to be given to native
v.. nonnative species. Species from the most current Connecticut Invasive
Plant List, as compiled by the Connecticut Invasive Plant Council,
are prohibited (https://portal.ct.gov/-/media/CAES/Invasive-Aquatic-Plant-Program/Plant-Information/Invasive-Plant-List-2013.pdf?la=en).
(2)
Relation of buildings to environment. The proposed project or
development shall be related harmoniously to the terrain and to the
use, scale and siting of existing buildings in the vicinity of the
site. All buildings and other structures shall be sited to minimize
disruption of the topography.
(3)
Buffer areas. All buffered and/or screened areas, including
setback areas (landscaped and usable), shall be designed as to be
consistent and compatible with any residential uses in the vicinity.
(4)
Circulation. With respect to vehicular and pedestrian circulation,
including entrances, ramps, walkways, drives and parking, attention
shall be given to the location and number of access points to public
street, widths of interior drives and access points, general interior
circulation, separation of pedestrian and vehicular traffic, access
to community or public facilities, and arrangement of parking areas
that are safe and convenient. Also, insofar as practicable, this circulation
shall not detract from the use of proposed buildings and structures
and any neighboring properties.
(5)
Low-impact development (LID). LID practices are preferred for
stormwater management and groundwater recharge and quality preservation.
Guidance for LID may be found in the Low Impact Development Appendix
to the Connecticut Stormwater Quality Manual. LID practices are recommended
to optimize conservation and preserve open space, mimic the natural
water balance, minimize and disconnect impervious surfaces and integrate
stormwater management practices at the source. Examples of LID include
green roofs, pervious asphalt and/or pavers, rain gardens, tree box
filters and/or bioretention areas. Where groundwater elevations are
close to the surface, extra site grading precautions may be required
to maintain the protective function of the overburden.
(6)
Utilities. The placement of electric, telephone or other utility
lines and equipment shall be underground wherever possible and located
to not cause any adverse impact on groundwater levels and to be coordinated
with other utilities.
(7)
Other site features. Exposed storage or utility areas and exposed
machinery installations and service areas shall be designed with screen
plantings or fencing or other screening methods that are compatible
with the environment and the surrounding properties.
(8)
Safety. All open and enclosed spaces shall be designed to facilitate
evacuation and maximize accessibility by fire, police and other emergency
personnel and equipment.
(9)
Neighboring properties. The proposed use(s) shall not adversely
affect the usefulness and value of the properties in the general vicinity
thereof or cause an undue concentration of structures.
(10)
Natural and historic resources. The proposed use(s) shall not
unreasonably destroy, damage or threaten locally significant natural,
archaeological or historic resources.
A.
A public hearing in accordance with C.G.S. § 8-3c shall
be held prior to issuing a decision on a special permit application
within 65 days after the date of receipt of the application. The hearing
may be continued one or more times, but it shall be concluded no more
than 35 days after the date of commencement or as per the prevailing
statute.
B.
All applicants or their agents requiring a public hearing under the
provisions of these regulations shall be responsible for notifying
owners of property within 200 feet of the subject property. With the
submission of any such application to the Commission, the applicant
shall provide a copy of the notice from the applicant to the surrounding
property owners. Such notice shall be sent under a certificate of
mailing at least 10 days prior to the date of the scheduled public
hearing.
C.
Any property that is the subject of a public hearing shall post a
sign on the premises that meets the following criteria:
(1)
The sign must be a minimum of 24 inches high and 36 inches wide,
with a white background and black lettering at least two inches in
height.
(2)
The sign must be securely affixed into or onto the ground, double-sided,
clearly visible from the road and set back no more than 10 feet from
the edge of the pavement.
(4)
The sign shall be in place no less than 14 calendar days prior
to the scheduled public hearing and shall be removed within 48 hours
of the conclusion of said public hearing.
(5)
In the case of extensions to the public hearing, the date, time
and location information is to be continually updated for the benefit
of the public.
D.
If the applicant demonstrates to the satisfaction of the Commission
that the application conforms to the requirements of these regulations,
then the Commission shall approve it. The purpose of the public hearing
is to determine what additional conditions may be appropriate for
inclusion, based on the concerns of the public.
A.
Within 65 days after the completion of the public hearing, or as
required under C.G.S. Chapter 124, § 8-7d(a), the Commission
shall do one of the following:
B.
(1)
Direct the recording secretary to publish the decision in the
form of a legal advertisement in a newspaper having a substantial
circulation in the Town within 15 days of action.
(2)
Send notice to the applicant in the form of a certified letter
confirming the actions of the PZC.
(3)
For approved permits, send the permit to the applicant noting
any conditions.
(4)
Forward a copy of the permit to the Town Clerk, Assessor and
Building office.
The applicant may consent to extensions of the time period for
commencing a public hearing after the receipt of an application, concluding
a public hearing and rendering the decision. The aggregate extension
of any such period shall be no more than 65 days.
Any special permit issued under these regulations shall not
become effective until copies of the permit and approved plans are
filed in the office of the Thompson Town Clerk and recorded in the
Thompson Land Records. The copy of the special permit to be filed
and recorded in the Thompson Land Records shall be certified by the
Commission and shall contain a description of the premises to which
it relates, specifications of the nature of the special permit, a
statement of the regulation under which the special permit was issued
and the names of all the owners of record of the premises. The applicant
or the applicant's agent shall be responsible for filing and recording
the special permit and shall pay all filing and recording fees.
