This chapter shall be enforced by the Town Plan and Zoning Commission
or their authorized agent who shall be known as the Zoning Enforcement
Officer. The Town Plan and Zoning Commission or their agent is authorized
to cause any building, structure, or premises to be inspected and
examined and to order in writing the remedying of any condition found
to exist therein or thereon in violation of any of this chapter.
Any violation of this chapter shall be subject to the procedures
for enforcement set forth in Section 8-12 of the Connecticut General
Statutes.
A.
Applications for a special exception shall include the following:
(1)
Site plan application form.
(2)
A narrative statement describing the proposed use.
(3)
Data must include:
(4)
Any revisions to maps and any additional information, such as a traffic
report, that is not submitted at the time of the initial application
must be submitted to the Plan and Zoning Office at least 10 calendar
days prior to the public hearing on the proposed application.
B.
Conformance with requirements.
(1)
Unless otherwise specified, a special exception use shall conform
to all requirements of the zone in which it is located, as well as
with all other applicable provisions of this chapter.
(2)
Where two or more special exception uses apply to the same premises,
the minimum requirements shall be the minimum requirements for each
use as specified in this chapter, or in cases of two or more special
exception uses in the same building, whichever requirements are more
restrictive.
C.
Threshold for granting a special exception. In deciding whether to
grant a special exception, the Commission shall give consideration
to, but not be limited by, the following:
(1)
The health, safety, and welfare of the public in general, and the
immediate neighborhood, in particular, compliance with the Plan of
Conservation and Development;
(2)
The location and size of the proposed use;
(3)
The nature and intensity of the proposed use and any operations involved
in the use;
(4)
The safety and intensity of traffic circulation on the site, and
on adjacent streets;
(5)
The scale of the proposed site and structure(s);
(6)
The harmony and appropriateness of the use and site design in relation
to the general area and to adjacent properties; and
D.
Conditions and safeguards.
(1)
The Commission may, if it finds that a special exception is appropriate, include reasonable conditions and safeguards related to the factors set forth in Subsection C.
(2)
Any conditions or safeguards attached to the granting of a special
exception shall remain with the property as long as the special exception
use is still in operation, and shall continue in force regardless
of any change in ownership of the property.
E.
Conformance with approved plans. Site development shall proceed in
accordance with plans approved by the Commission. Any changes proposed
by an applicant to an approved special exception shall be submitted
to the Town Plan and Zoning Commission for review and approval. Any
changes made prior to such review and approval shall constitute a
violation of this chapter. All site work shall be completed no later
than five years from the date of approval of the original plan.
F.
Suspension. Any authorized special exception shall be subject to
suspension through a cease and desist order if any condition or safeguard
imposed by the Commission upon buildings, structures, land, or uses
for said permit is not strictly adhered to by the applicant, user
and/or owner.
G.
Amendments or modifications to approved special exceptions. Applications
for amendment(s) or modification(s) to an approved special exception
that are necessitated by site conditions or a change in circumstances,
or that are deemed to be in the public interest, shall be made in
the same manner as the original application.
(1)
Amendments to approved site plans attendant to special exceptions
may be approved with a public hearing before the Commission. Amendments
are those that may result in additional impact to the appearance and/or
intensity of use of a site.
(2)
The request for an amendment to a special exception and/or site plan
shall not subject the entire application to public hearing, only that
portion necessary to rule on the specific issue requiring the relief.
(3)
The request for an amendment to a site plan shall not subject the
entire application to review by the Commission, only that portion
necessary to allow the Commission to rule on the specific issue requiring
relief.
H.
Time period and expiration. In approving a special exception, the
Commission may set time limits on the permit and/or require periodic
renewal of the permit without a public hearing. If a legal ruling
is made to reverse the Commission's denial of a special exception,
the time period shall commence on the date of final disposition of
such an appeal. Expired special exceptions shall be considered invalid.
I.
Continuance. Notwithstanding any other provision of this chapter,
when an amendment is adopted to these Zoning Regulations or boundaries
of zones, a special exception that has been approved according to
the regulation in effect at the time of filing shall not be required
to conform to such amendment, provided:
(1)
Construction of any of the proposed improvements, including but not
limited to roads, sewer lines, landscaping, recreational facilities,
etc. shall have commenced within 12 months from the effective date
of the special exception and site plan approvals; and
(2)
Construction of the improvements is diligently pursued and brought
to substantial completion within the original time constraints set
forth at the time of approval or within three years following the
effective date of such amendment to the zoning regulations or boundaries
of zones.
A.
Authority and purpose. No zoning permit shall be issued for any activity
requiring site plan approval until the Commission has reviewed and
approved the application. All uses requiring a special exception shall
require site plan review and approval by the Commission. All nonresidential
uses approved by the Zoning Board of Appeals shall require special
exception review and approval by the Commission.
B.
Site plan procedure.
(1)
Application. Each application for site plan approval shall be submitted
on a form prescribed by the Commission, accompanied by 10 sets of
a site plan, as well as the applicable fee.
(2)
Referrals. The Commission may refer any site plan application to
any Town department or other agency that the Commission deems appropriate,
and may that request any such department or agency submit a report
to the Commission on matters that are of concern to the Commission
in connection with its own responsibilities.
(3)
Site plan information.
(a)
All maps shall include an accurate class A-2/T-2 survey of the
property and improvements, prepared by a land surveyor registered
in the State of Connecticut, unless waived by the Commission.
(b)
All plans shall be prepared, signed, and sealed by a Connecticut-registered
engineer, architect, or landscape architect, whichever is appropriate.
(c)
All plans shall be prepared at a scale of one inch equals not
less than 20 feet and not more than 50 feet.
(d)
Site plans shall include the following:
[1]
Title Block with date, name of developer(s), property owner(s),
North arrow, revision date(s), numeric and graphic scale of plans,
seals, and signatures of all appropriate design professionals;
[2]
A key map at the scale of one inch equals 1,000 feet showing
the subject property and adjacent properties within 500 feet;
[3]
Boundary survey of the site, including distances with angles
or bearings;
[4]
Zoning classification of property;
[5]
Area of lot;
[6]
Name of adjacent owners and zoning classification of each property;
[7]
Existing and proposed contours or spot grades at no more than
two-foot intervals;
[8]
Locations of existing and proposed buildings, signs, fences,
and walls with dimensions, area, elevations and number of stories,
and distances between all buildings and property lines;
[9]
Location of all existing and proposed uses and facilities not
requiring a building, such as swimming pools, tennis courts, tanks,
and transformers;
[10]
Sizes, arrangement, uses, and dimensions of all
open spaces on the site;
[11]
Location and design of all existing and proposed
sanitary sewers, storm drainage, water-supply facilities, electrical/mechanical
pad(s), and other underground and aboveground utilities;
[12]
Existing and proposed sidewalks, curbs and curb
cuts, and adjacent streets;
[13]
Soil erosion and sedimentation control measures as required by § 495-26, Sediment and erosion control regulations;
[14]
Drainage design for roof area(s), parking lot(s),
and driveway(s);
[15]
Stormwater detention plans;
[16]
Locations and descriptions of all existing and
proposed easements and rights-of-way;
[17]
Location of all existing wooded areas, watercourses,
wetlands, rock outcrops, and other significant physical features,
and, where appropriate, the mean high-water line, the wetlands boundary,
the flood hazard area, the coastal area boundary, the aquifer boundary,
and the West Rock Ridge Conservation area;
[18]
Location of existing stone walls;
[19]
Proposed landscaping to include the following:
[a]
Location, general layout, type and size of buffer(s)
or landscape area(s), plant material(s), fencing, screening devices,
decorative paving, or other materials proposed;
[b]
Location of existing trees with a trunk caliper
of more than six inches except in intensely wooded areas where the
foliage line shall be indicated;
[c]
A statement to the effect that such landscaping
does not include any species listed on the Connecticut Invasive Plant
List.
[20]
Layout of all off-street parking areas showing
details of aisles, driveways, each parking space, all loading and
unloading areas, pavement markings, location of directional signs;
[21]
Existing and proposed locations, heights, and
sizes of all outdoor lighting and sign locations. Lighting plans shall
include the following:
[a]
Location and type of illuminating devices, fixtures,
lamps, supports, reflectors, and other devices; any decorative lighting
should be indicated;
[b]
Description of the illuminating devices, fixtures,
lamps, supports, reflectors, and other devices, and the description
may include, but is not limited to, catalog cut sheets by manufacturers
and drawings (including sections where required);
[c]
Photometric data, such as that furnished by manufacturers
or similar, showing the angle of cutoff or light emissions; and
[d]
Wattage or power of the lights, and method of shielding
from any adjoining residential area.
[22]
Fire lanes and traffic control signs as required
by Police and Fire authorities;
[23]
Outside storage areas with proposed screening;
[24]
Location of outside recycling and refuse storage
area and proposed screening;
[25]
Provisions for water supply;
[26]
Proposed open space areas and any proposed site
improvements to such areas;
[27]
Information on endangered species or species of
special concern, as listed on the Natural Diversity Data Base maintained
by the Connecticut DEEP; and
[28]
A table or chart indicating the proposed number
or amount and types of uses, lot area, lot width, yards, building
height, coverage, floor area, parking spaces, landscaping, open spaces,
and other elements as they relate to the requirements of the Zoning
Regulations.
C.
Site plan objectives. In reviewing a site plan application, the Commission
shall take into consideration the health, safety, and welfare of the
public in general and the immediate neighborhood, in particular, and
may prescribe reasonable conditions and safeguards to insure the accomplishment
of the following general objectives.
(1)
Plan of conservation and developments (POCD): that the proposed site
plan shall be in general conformance with the intent of the Town Plan.
However, the POCD shall not take precedence over specific provisions
of the Zoning Regulations.
(2)
Public safety. All buildings, structures, uses, equipment, or material
are readily accessible for fire and police protection.
(3)
Traffic and pedestrian access. All proposed traffic and pedestrian
accessways do not create traffic hazards and are: adequate, but not
excessive in number; adequate in width, grade, alignment, and visibility;
adequate in distance from street corners, places of public assembly
and other accessways; and adequate in design for other similar safety
considerations.
(4)
Circulation and parking. Adequate parking and loading spaces are
provided to prevent congestion; that all parking spaces and maneuvering
areas are suitably identified; that entrances and exits are suitably
identified and designed to specific use radii; that the interior circulation
system is adequately designed to provide safe and convenient access
to all structures, uses, and/or parking spaces; that parking areas
are provided with suitable bumper guards, guard rails, islands, crosswalks,
speed bumps, and similar safety devices when deemed necessary by the
Commission to adequately protect life and property; and that provision
is made for safe pedestrian movement within and adjacent to the property
by the installation of sidewalks.
(5)
Landscaping and screening. The general landscaping of the site complies with the purpose and intent of § 495-31 of this chapter; that existing trees are preserved to the maximum extent possible; and that parking, storage, refuse, and service areas are suitably screened during all seasons from the view of adjacent residential areas and public rights-of-way.
(6)
Lighting. Lighting of the site shall be adequate at ground level
for the protection and safety of the public in regard to pedestrian
and vehicular circulation and that glare from the installation of
outdoor lights and illuminated signs is properly shielded from the
view of adjacent property and public rights-of-way.
(7)
Public health. All utility systems are suitably located, adequately
designed, and properly installed to serve the proposed uses, and to
protect the environment from adverse air, water, and land pollution.
(8)
Environmental features. The development of the site will preserve
sensitive environmental land features, such as steep slopes, wetlands,
and large rock outcroppings and will attempt to preserve public scenic
views or historically significant features.
(9)
Neighborhood character. The location and size of any proposed use, building, or structure, as well as the nature and intensity of operations involved or conducted in connection therewith, will be in general harmony with the character of the surrounding neighborhood and will not be hazardous or otherwise detrimental to the appropriate and orderly development or use of any adjacent land, building, or structure as expressed in Article V, Basic Standards.
(10)
Drainage. The design of stormwater drainage systems shall be
such as to minimize soil erosion and maximize absorption of pollutants
by the soil. Runoff from impervious areas shall be attenuated to reduce
peak flow volume and sediment loads to pre-development levels. Practices
as outlined in the 2004 Stormwater Quality Manual of the Connecticut
DEEP (as updated) shall be followed.
(11)
Soil erosion and sediment control. The design of soil erosion
and sediment control plans shall be such as to reduce the danger from
storm water runoff, minimize nonpoint sediment pollution from land
being developed and conserve and protect the land, water, air, and
other environmental resources of the Town.
(12)
Conformance to requirements.
(a)
Unless otherwise specified, a site plan use shall conform to
all requirements of the zone in which it is located as well as to
other applicable provisions of this chapter.
(b)
Where two or more site plan uses apply to the same premises,
the minimum requirements shall be the minimum requirements for each
use as specified in this chapter or, in cases of two or more site
plan uses in the same building, whichever requirements are more restrictive.
D.
Conditions and safeguards. The Commission may, if it finds that a
site plan is appropriate, include reasonable conditions and safeguards
related to the factors set forth in this section. Any conditions of
approval shall be so noted by stamping on the site plan accordingly
and noting specific conditions on the plan. Any such conditions or
safeguards attached to the granting of a site plan shall remain with
the property as long as the site plan use is still in operation, and
shall continue in force regardless of any change in ownership of the
property.
E.
Performance bond. The Commission, may, if it deems necessary, require
a bond consisting of a corporate surety or other financial guarantee,
in a form and amount acceptable to the Commission or its designated
agents, to guarantee performance of the site work as shown on the
approved site plan. Said bond shall be submitted at a time to be determined
by the Commission. Performance bond requirements shall be consistent
with the Connecticut General Statutes.
F.
Conformance to approved plans. Site development shall proceed in
accordance with plans approved by the Commission. Any changes proposed
by an applicant to an approved site plan shall be submitted to the
Town Plan and Zoning Commission for review and approval. Any changes
made prior to such review and approval shall constitute a violation
of this chapter. All site work shall be completed no later than five
years from the date of approval of the original plan.
G.
Suspension. Any authorized site plan shall be subject to suspension
through a cease and desist order if any condition or safeguard imposed
by the Commission upon buildings, structures, land, or uses for said
permit is not strictly adhered to by the applicant(s), user(s), and/or
owner(s).
H.
Amendments. The Planning staff, in conjunction with the Chairperson
of the Commission, shall determine whether a proposed deviation from
approved site plans and/or special exceptions requires an amendment.
(1)
Amendments to approved site plans attendant to special exceptions
may be approved with a public hearing before the Commission. Amendments
are those that may result in additional impact to the appearance and/or
intensity of use of a site.
(2)
The request for an amendment to a special exception and/or site plan
shall not subject the entire application to public hearing, only that
portion necessary to rule on the specific issue requiring the relief.
I.
Period and expiration. In approving a site plan, the Commission may
set time limits on the permit and/or require periodic renewal of the
permit. In the event a legal ruling is made to reverse the Commission's
approval of a site plan, the time period shall commence on the date
of final disposition of such litigation. Expired site plans shall
be considered invalid.
J.
Continuance.
(1)
All conditions and improvements shown on an approved site plan shall
remain with the property, as long as the use indicated on the approved
site plan is still in operation. The conditions and improvements shall
continue in force, regardless of any change in ownership of the property.
(2)
Notwithstanding any other provision of this chapter, when an amendment
to these Zoning Regulations is adopted or boundaries of zones are
modified, a site plan that has been approved according to the regulations
in effect at the time of filing shall not be required to conform to
such amendment provided:
(a)
Construction of any of the proposed improvements, including
but not limited to roads, sewer lines, landscaping, and recreational
facilities, shall have commenced within 12 months from the effective
date of the site plan approvals; and
(b)
Construction of the improvements are diligently pursued and
brought to substantial completion within the original time constraints
set forth at the time of approval, or within three years after the
effective date of such amendment to the zoning regulations, or modification
of boundaries of zones.
A.
When required. No building or structure shall be erected, changed,
or enlarged unless and until the owner of the property has obtained
a zoning permit from the Zoning Enforcement Officer. Except in the
case of gardening or agricultural operations, no new land use shall
be undertaken, nor any existing land or building use enlarged or changed
unless and until the owner of the property has obtained a zoning permit
from the Zoning Enforcement Officer. Nothing herein shall be construed
to authorize the extension, expansion, or enlargement in scope, area,
or intensity, of any nonconforming use.
B.
Site plan.
(1)
The Zoning Enforcement Officer shall require that the application
for a permit to use, change use, erect, or enlarge a building, structure,
or premises shall be accompanied by a site plan of the land where
the use, change of use, construction, or enlargement is to take place.
Said site plan shall be based on a survey done according to A-2 standards
of accuracy, prepared by a land surveyor licensed to practice in the
State of Connecticut, at a scale of not less than one inch equals
40 feet. The boundaries of the land shall be denoted on the land either
by visible permanent natural features, or by visible merestones or
other suitable permanent markers.
(2)
The map shall contain at least the following information:
(a)
Soil erosion and sedimentation control devices (approved as
necessary by the Commission);
(b)
All property corner monuments must be set and noted;
(c)
The location of all existing and proposed buildings, accessory
structures, swimming pools, tennis courts, etc., and their property
line setbacks. In the case of a dwelling, the number of bedrooms must
be shown;
(d)
Location of driveway(s);
(e)
Location of well or public water supply tie-in;
(f)
Location of septic system including the reserve area (approved
as necessary by the Quinnipiac Valley Health District), or public
sewer tie-in;
(g)
Location and size of oil tank;
(h)
Location of underground utilities;
(i)
Amount of fill to be brought to the site or excavation contemplated
in cubic yards and square feet for driveway, septic system, regrading,
etc., (approved as necessary by the TPZ);
(j)
Existing watercourses, wetlands (approved as necessary by the
Town Plan and Zoning Agency), flood zones (approved as necessary by
the TPZ), and existing and proposed easements;
(k)
Name and address of current owner in fee including the abutting
owners and those across the street;
(l)
North arrow and scale;
(m)
The Zoning District classification of a property;
(o)
Variance if granted (show date and type); and
(p)
In a title block in the lower right-hand corner, a) name of
the current owner; b) street address; c) name of architect, engineer,
and/or land surveyor; d) date, revision, and scale. The Zoning Enforcement
Officer shall have the authority to waive any of the above requirements
if in his opinion the nature of the work proposed does not warrant
full compliance with the requirements of this section or the requirements
can be met in other ways. Depending on the complexity of the application,
additional information such as existing and proposed grades, landscaping,
drainage, soil types, signs, and lighting may be required; and the
TPZ shall have the authority to waive any of the above requirements
if in his opinion the nature of the work proposed does not warrant
full compliance with the requirements of this section or the requirements
can be met in other ways.
C.
Foundation. Before the actual pouring of concrete or placement of
other material for the foundation of any building or structure, the
owner or contractor shall notify the Enforcement Officer, shall give
him/her an opportunity to determine that the location of such foundation,
or any part of the building to be erected thereon, will not encroach
over the established building lines or in any way violate any of this
chapter, and shall obtain his written approval endorsed upon the permit.
D.
Fees. Every application for a zoning permit for the erection of a residence or for a permit for any other use, change of use, building, or enlargement shall be accompanied by a fee as set forth in Chapter 5, Article VIII of the ordinances of the Town of Woodbridge entitled Schedule of Land Use Fees, as amended from time to time.[1] Such fees shall be collected by the Zoning Enforcement
Officer, or his/her designee, and shall be remitted to the Treasurer
of the Town.
E.
Length of time permit is valid. Any permit by the Zoning Enforcement
Officer issued under this section shall be valid for one year from
the date of issue.
F.
Impact of effective date of this chapter. Nothing herein contained
shall require any change in the plans, construction, site, or designated
use of a building a) for which a zoning permit has been granted or
b) for which an acceptable application was on file with the Selectmen
or his/her duly authorized agent before the effective date of this
chapter, and the construction of which shall be started within six
months after such date.
G.
Certificate of compliance.
(1)
It shall be unlawful to use or permit the use of any building, structure,
or premises or part thereof hereafter changed or converted, altered
or enlarged, wholly or partly, in its use or structure, until a certificate
of compliance has been issued showing that such building, structure,
or premises, or part thereof, and the proposed use(s) thereof, are
in conformity with the provisions of this chapter. The ZEO may issue
a temporary certificate of zoning compliance if all improvements are
not complete but the project may be occupied safely. All incomplete
improvements that were the subject of the original approval shall
be bonded prior to issuance of the certificate of zoning compliance.
(2)
A certificate of compliance shall be issued by the Zoning Enforcement
Officer immediately upon the satisfactory completion of the building
or establishment of a land use with the exception of agricultural
operations.
