(Reserved)
A.
Requirements.
(1)
Plan of Development (POD) or minor modification.
(a)
Plan of Development (POD). A detailed Site Plan is required for approval by the PZC for all new construction, changes in or on a site, or changes of the exterior of a structure(s) in all planned residential districts, mobile home park districts, commercial districts, industrial districts, downtown business and residential districts, and for all commercial or industrial development in residential districts, unless determined to be a "Minor Modification."
(b)
Minor modification. New construction, changes in or on a site, or changes of the exterior of a structure(s), which in the opinion of the Town Building Official, Town Engineer, and Town Planner, will not adversely affect the public health or safety, may be designated as "Minor Modifications" that do not require a detailed site plan. The Town Building Official, Town Engineer, and Town Planner may require plans and may set stipulations to assure that the changes to the site or structure(s) are Minor Modifications and will not adversely affect public health or safety. No "Minor Modification" shall be approved if there are any outstanding zoning violations, unless such changes will eliminate the zoning violations.
(c)
Plan of development and modifications in historic districts. When a Site Plan and/or Modification of an existing Site Plan is requested for a property located in or abutting a historic building, structure, site or district the Local Historic Properties Commission shall be notified at least 20 days prior to the date of the public hearing. The Local Historic Properties Commission shall have the opportunity to review the proposed application and make recommendations to the Planning and Zoning Commission. The Planning and Zoning Commission shall be obligated to seriously consider the recommendations provided by the Local Historic Properties Commission. When the Planning and Zoning Commission makes a decision contrary to the written recommendations of the Local Historic Properties Commission, The Planning and Zoning Commission shall state on the record the reasons for the decision. If recommendations from the Local Historic Properties Commission are not received by the Planning and Zoning Commission at or before the public hearing, it shall be presumed that the Local Historic Properties Commission does not disapprove of the proposal. Notice of Minor Modifications approved in all Historic Districts shall be provided to the Local Historic Properties Commission within 30 days of the action.
(2)
When a detailed Site Plan is required to be submitted to the PZC for approval, the detailed Site Plan shall include the following:
(a)
The applicant must submit copies of the legal description of the property on which the development will take place.
(b)
The applicant must submit copies of the site plan prepared by the appropriate design professionals (engineer, architect, landscape architect, or surveyor) licensed to practice in the State of Connecticut. The plan shall be signed, dated and sealed by the appropriate design professionals. All site plans shall be prepared at a scale of not less than 1"=40' and shall be of sufficient detail and accuracy, class A-2 for boundary and class T-2 for topography, as defined in; "Standards for Surveys and Maps in the State of Connecticut, Prepared and Adopted by the Connecticut Association of Land Surveyors, Inc., September 26, 1996," as may be amended. Plans shall be sized in accordance with Connecticut General Statutes Chapter 92, Section 7-31. The site plan shall include at a minimum.
[1]
Name of development;
[2]
Abutters, to include names and referenced deed volume and page;
[3]
North arrow, scale and bar scale, date, and signatures and certification of the appropriate design professionals;
[4]
The location of general features, based on the best available information, within 100 feet of the subject property, shall be depicted on the plan;
[5]
Boundary survey of the site with angles or bearings and distances;
[6]
Zoning classification of the property;
[7]
Area of the parcel, in both acres and square feet;
[8]
Existing and proposed buildings and structures within the site including dimensions, distances from building corners to property lines, finish floor elevations, and number of stories;
[9]
Existing and proposed roads, driveways, loading and parking areas, curbs and curb cuts;
[10]
Existing and proposed walkways and sidewalks;
[11]
Where appropriate, existing contours and proposed contours at no more than two foot intervals and spot grades to the tenth of a foot;
[12]
Where appropriate, existing and proposed drainage with invert and top of frame elevations; wherever feasible, drainage design for roof area, parking lots and driveways shall employ low impact development (LID) techniques for stormwater management in accordance with the Town LID Manual;
[13]
Location of field delineated inland wetlands as delineated by a certified soils scientist;
[14]
Where applicable, 100-year base flood elevation as published by FEMA, in their latest flood insurance study and State of Connecticut Stream Channel Encroachment Lines;
[15]
Adequate provisions for potable water supply and sewage disposal; where applicable, existing and proposed sanitary sewer facilities with elevations;
[16]
Method of ingress and egress;
[17]
Method of refuse storage and disposal;
[18]
General landscaping plan, including a list indicating size and count of all trees and shrubs to be planted;
[19]
Location of existing healthy trees larger than 18 inches in diameter at breast height shall be located by field survey, either singly or as groups and shall be incorporated into the site design to the maximum extent possible. Whenever possible existing trees shall be saved by "welling" or "mounding." All trees larger than eight inches in diameter within the public right-of-way shall be depicted on the plan. Groups of trees may be located by a "tree line." Stands of significant (10 or more trees) of similar species shall be located by field survey and preserved and incorporated into the site plan whenever possible, except that a site plan prepared for selective clearing within a wooded area shall show those trees or clusters of trees to be removed. Trees within areas not proposed to be disturbed need not be individually located and may be designated as "treed area not to be disturbed."
[20]
Soil erosion and sedimentation control measures designed in accordance with the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control, as may be amended;
[21]
Location and description of existing and proposed easements and/or rights-of-way;
[22]
Adequate storage facilities for outside maintenance equipment, including storage of recreational equipment in the PRD and MHP districts;
[23]
Location of fire hydrants and/or fire alarms boxes, as required;
[24]
Elevations and floor plans for proposed structures;
[25]
Numbering plan for unit identification;
[26]
Location plan showing property in relation to area in Town of Vernon, including zoning districts and type of development in the immediate area;
[27]
Location of all recreation areas and facilities;
[28]
The soil classification(s) as given by the USDA Natural Resource Conservation Service (NRCS);
[29]
A statement or analysis indicating the traffic impact of the proposed development;
(3)
The detailed Site Plan shall be submitted to the Town Planner's office;
(4)
Approval of any Site Plan shall become null and void, unless construction of the building is in progress and not less than 50% of the building foundations are complete within two years of the effective date of approval. Extensions of time for the above time frames may be granted by the Commission for an approved site; providing, however, that any such extension does not exceed two years. The total period of approval with extensions shall not exceed the time frames specified in Section 8-3 and 8.26c of the C.G.S.
(a)
The effective date of the original approval for any site plan shall be considered the start of the five or 10-year time frame and subsequent modifications shall not alter that date or time frame;
(5)
A public hearing on any Site Plan may be required by the Commission.
(6)
A submission of a Site Plan as an alternate of a previously approved plan shall make the approved plan null and void, upon the approval of a subsequently approved plan. The Commission, in approving a Site Plan, may stipulate such restrictions as appear to the Commission to be reasonable to protect or promote the rights of individuals, property values, and the environment in the area as a whole, the public health, safety or welfare, sound planning and zoning principles, improved land use, site planning and land development or better overall neighborhood compatibility. Such restrictions may concern, without limitation, the components of the Site Plan and the layout, distribution and relationship between uses and structures, vehicular and pedestrian circulation, parking, open space, landscaping, screening, signs, lighting, and a timeframe within which site improvements must be completed. All conditions shall be satisfied, if possible, prior to the issuance of a building permit, but must be complied with completely at the time of issuance of a certificate of occupancy. Additional stipulations may include, but are not limited to the following:
(a)
Sidewalk requirement as determined by the Commission;
(b)
Contribution to Town downstream development fund as determined by the Commission to handle stormwater runoff, as it will affect downstream property owners;
(c)
Maintenance bonds and performance bonds to guarantee compliance;
(d)
Planting plans;
(e)
Rights-of-way for drainage and sanitary sewers in the form of easements to be granted to the Town of Vernon;
(f)
Landscaped buffer strips, to be constructed in accordance with the provisions of § 30-10.6, Landscape buffer strips;
(g)
Fencing as required by the Commission;
(h)
Hold harmless agreements for storm drainage and stormwater runoff as required by the regulations;
(i)
Lighting plans to be approved by the Commission;
(j)
Sanitary sewers and drainage systems;
(k)
All stipulations to be shown on the maps to be filed with the Commission;
(l)
Grading, seeding, and landscaping;
(m)
The plan shall become null and void unless construction is commenced within one-year of approval, unless an extension is granted by the Commission;
(n)
All roads to be conveyed to the Town of Vernon shall be built to Town specifications;
(o)
Location of dumpsters and screening;
(7)
An erosion and sedimentation control plan subject to § 30-10.3 may be required by the Commission or Zoning Enforcement Officer;
(8)
The Planning and Zoning Commission may require that existing roads shown to be directly or indirectly impacted by the proposed development, be improved to bring these roads up to Town standards;
(9)
In cases where reasonable and necessary need for an off-site improvement or improvements is demonstrated or required by the proposed development application and where no other property owners received a special benefit thereby, the Commission may require the applicant, as a condition of development approval and at the applicant's sole expense to provide for and construct such improvements, including development of public roads contiguous to the development.
(10)
In the case of a proposed Adaptive Re-use project per §§ 30-2.1 and 30-9.2A, the site plan of development shall include also architectural and historical preservation plans, and floor plans for specific uses of buildings and activities within buildings to assure the preservation of the property and the successful re-use of the site and structures without conflicts of uses.
B.
Application to conform to zoning and wetland regulations. In considering an application for those uses requiring Site Plan approval, the application shall conform to all applicable sections of these regulations and as per CGS 8-3(g), all Inland Wetlands Regulations.
The Planning and Zoning Commission shall hear and decide on all request for Special Permits in accordance with the General Statutes of Connecticut and the terms of this ordinance as follows:
A.
Only those uses specifically designated as Special Permits in Articles 3, 4, 6, 7 and 8 or § 30-9.2C, Dumps and incinerator sites, may be permitted by the Planning and Zoning Commission following a Public Hearing. Such uses shall meet the following requirements:
(1)
It shall not create a hazardous condition relative to public health or safety.
(2)
It shall be compatible with neighboring uses.
(3)
It shall not create a nuisance.
(4)
It shall not hinder the future sound development of the community.
(5)
It shall conform to all applicable sections of this ordinance.
(6)
In the case of conversion of existing residential structures, said conversion shall not alter the residential character of the exterior of the building or increase the existing floor area of the building.
B.
The Planning and Zoning Commission is empowered to grant a Special Permit subject to such reasonable conditions, restrictions, and safeguards such as those outlined in § 30-13.2A(6) as may be deemed necessary by said Commission for the purpose of protecting the health, safety, and general welfare of the community.
(1)
A submission of a modification to a Special Permit already approved shall make the approved plan void upon the approval of the modifications.
(2)
Special Permit Modifications, which in the opinion of the Building Inspector, Town Engineer and the Town Planner are of such a minor nature that the public health and safety will not be adversely affected, are exempt from obtaining Commission approval.
C.
Vernon has areas containing concentrations of historic buildings, structures, and sites that have been identified as being of historic and/or architectural significance, both individually and as neighborhoods. There are two National Register Historic Districts: The City of Rockville Historic district which covers approximately on square mile and contains approximately 800 contributing buildings in the area of mixed uses, varied styles, and high density and the Talcottville Historic District which covers approximately 92 acres of land and contains 38 contributing buildings and six sites or structures other than buildings. Vernon Center has been surveyed as a potential historic district. It covers approximately 140 acres and contains 25 historically significant buildings. Additionally, seven individual buildings have been listed on the National Register of Historic Places, and 13 historic engineering sites have been documented. These historic resources must be given special consideration when evaluating a request for a Special Permit. Therefore, all Special Permits requested for the City of Rockville Historic District, Talcottville Historic District, Local Historic Districts, buildings individually listed on the National Register of Historic Places, listed in "Vernon, Connecticut; a survey of Architectural and Historical Resources," or Vernon Engineering sites listed in Connecticut: An Inventory of Historic Engineering and industrial Sites (1981) are subject to the following criteria:
(1)
No Special Permit shall be issued if it is found to be detrimental to the neighborhood or its residents, or alters the neighborhood's essential characteristics.
(2)
Throughout the Historic Districts, excluding the Restricted Watershed and Industrial Zones, single-family and two-family housing units shall be allowed.
(3)
The Special Permit uses shall be considered as a "special use" and allowed only when it is determined that the issuance of the Special Permit will have a positive effect on the historic district, building, structure or site.
(4)
When a Special Permit is requested for a historic building, structure, or site, the Local Historic Properties Commission shall be notified at least 20 days prior to the date of the Public Hearing. The Planning and Zoning Commission shall be obligated to seriously consider the recommendations provided by this Commission. When the Planning and Zoning Commission makes a decision contrary to the written recommendations of the Local Historic Properties Commission, the PZC shall state on the record the reasons for the decision.
D.
Bed and Breakfast use may be proposed as a Special Permit use for a property located in either a Historic District, or designated a Local Historic Property, or listed on the National Register of Historic Places as an individual building or a contributing building in a Historic District, or listed in the State Register of Historic Places.
(1)
The proposed Bed and Breakfast use will be compatible with the permitted uses of the existing district and will not have an adverse effect upon the neighborhood.
(2)
The proposed Bed and Breakfast use will contribute to the preservation of historic architectural features of the property. And the construction, conversion, improvement, modernization, rehabilitation, renovation, or restoration of the property will be in compliance with the "United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings."
The Zoning Board of Appeals shall hear and decide Special Exceptions, Variances, and Appeals in accordance with Section 8-6 of the General Statutes of Connecticut, Revision of 1958, as amended, and the terms of this ordinance as follows:
A.
Special exceptions.
(1)
Only those uses specifically designated as Special Exceptions in Articles 3, 4, 6, 7 and 8 may be permitted by the Board following a Public Hearing. Such use shall meet the following requirements:
(2)
The Zoning Board of Appeals is empowered to grant the Special Exception subject to such reasonable conditions, restrictions, and safeguards as may be deemed necessary by said Board for the purpose of protecting the health, safety, and general welfare of the community.
(3)
Special Exceptions in/abutting Historic Districts. When a Special Exception is requested for a property located in or abutting a historic building; structure, site or district the Local Historic Properties Commission shall be notified at least 20 days prior to the date of the public hearing. The Local Historic Properties Commission shall have the opportunity to review the proposed application and make recommendations to the Zoning Board of Appeals. The Zoning Board of Appeals shall be obligated to seriously consider the recommendations provided by the Local Historic Properties Commission. If recommendations from the Local Historic Properties Commission are not received by the Zoning Board of Appeals at or before the public hearing, it shall be presumed that the Local Historic Properties Commission does not disapprove of the proposal. When the Zoning Board of Appeals makes a decision contrary to the written recommendations of the Local Historic Properties Commission, The Zoning Board of Appeals shall state on the record the reasons for the decision.
B.
Variances.
(1)
The application for a variance from the provisions of this ordinance shall show to the satisfaction of the Zoning Board of Appeals that such relief will not be contrary to the public interest and that, owing to a special or peculiar condition, enforcement of the provisions of this ordinance would result in unnecessary hardship to the applicant.
(2)
The unnecessary hardship, which an applicant seeks to avoid, shall not have been imposed by any prior action of the applicant. Such hardship shall arise only from special or peculiar site conditions or features of the land or structures in question rather than from physical infirmities of the applicant or merely from the desire to realize greater financial gain.
(3)
No non-conforming use of neighboring lands, structures or buildings in adjacent districts shall be considered grounds for the issuance of a variance.
(4)
In granting relief from the provisions of this ordinance, the Zoning Board of Appeals shall grant the least variance from the provisions needed to remove the unnecessary hardship and may impose any condition or safeguard as may be deemed in the public interest.
(5)
A variance shall become null and void 12 months after said variance is granted by the Zoning Board of Appeals unless the construction or changes authorized have been diligently prosecuted and substantial progress made.
(6)
The Zoning Board of Appeals is empowered to grant the variance subject to such reasonable conditions, restrictions and safeguards as may be deemed necessary by said Board for the purpose of protecting the health, safety, and general welfare of the community.
(7)
Said appeal must be filed with the Zoning Board of Appeals within 14 days of receipt of the written order or remedy from the Zoning Enforcement Officer.
(8)
A community shall notify the applicant in writing over the signature of the Chairman of the Zoning Board of Appeals that:
(a)
The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and
Proposed changes to the Zoning Map shall be identified on a map prepared to Class D survey accuracy showing the properties proposed for the zone change and all properties within a 200-foot radius of the boundaries of the proposed zone change. Owners shall be identified for all properties referenced above.
(Reserved)
No application coming in before the Planning and Zoning Commission may be withdrawn after it has been advertised for a public hearing unless the Chairman or Secretary of the Planning and Zoning Commission is notified in writing by the applicant or his representative not later than 48 hours prior to the scheduled hearing before the Commission unless good cause for such withdrawal is found by the Commission after a hearing on the withdrawal.
At least once a year, the Town Planner shall establish a Town wide vacancy rate. The Planning and Zoning Commission shall accept or reject the Town Planner's vacancy rate.
A.
Zone district or regulation change: $200.
B.
Special permit: $200.
C.
Special exceptions, variances or appeal from the Zoning Enforcement Officer: $200.
D.
Variance: $200.
E.
Special hearing for gasoline station or repairer's license: $200.
H.
Legal notice fees: $150.
I.
When a development requires Special Permit and Site Plan approval, the larger of the two fees is required.
J.
All applications require an additional a $60 fee mandated by the State of Connecticut.
K.
All applications requiring a soil and erosion control plan certification will require an additional $300 fee made payable to the Town of Vernon. If the plan is required to be sent to North Central Conservation District, the Town will pay NCCD.
L.
Minor modifications: $100.
M.
In addition to the standard fees for the processing of an application, the applicant may be require to pay an additional fee to cover the costs of technical services and consultants to analyze, review and report on areas requiring a detailed, technical review if one or more of the following thresholds are met:
(1)
The proposed action directly abuts or is within 500 feet of or has the potential to directly or indirectly impact a significant natural and cultural resource identified in the Plan of Conservation and Development (POCD) (pp. 71-73), or;
(2)
The proposed action fronts, requires access to, or has potential to impact those roadways and intersections identified in the POCD as part of the Traffic Management Plan, Traffic Calming Recommendations, or Accident Mitigation Areas (pp. 94-107), or;
(3)
The proposed action fronts, requires access to, or has potential to impact sites identified in the Connecticut Department of Transportation (CT DOT) Suggested List of Safety Surveillance Sites (SLOSS), or;
(4)
The proposed action directly or indirectly conflicts with one or more of the Policies, Goals, and Objectives recommended in the POCD (pp. 109-120), specifically:
(5)
The proposed action directly or indirectly conflicts with the Land Use Plan and Strategy as stated in the POCD (pp. 121-129), or;
(6)
The proposed action is identified as an Area Sensitive to Development in the POCD (pp. 17-18), or;
(7)
The proposed action is within or has the potential to impact to areas identified by the United States Department of Agriculture to contain Prime Important Farmland Soil, and as indicated in the POCD (pp. 16-17), or;
(8)
The proposed action is within or has the potential to impact areas identified by the Connecticut Department of Environmental Protection in the Natural Diversity Database (NDDB) as an area containing Endangered, Threatened, and Species of Special Concern, or;
(9)
The proposed action is within or has the potential to impact those areas identified by the Federal Emergency Management Agency Flood Insurance Rate Map as a Flood Zone or Floodplain, or;
(10)
The proposed action is within or has the potential to impact those areas identified as a Priority Area for Open Space Protection, or Part of the Existing and/or Potential Open Space System, or is in direct or indirect conflict with the Open Space Policies and Goals as identified in the POCD (pp. 74-87), or;
(11)
That is proposed in a use district (specified in Articles 3, 4, 6, 7 and 8 of the Zoning Regulations) where the proposed activity in its entirety exceeds the impervious coverage thresholds established in such relevant district, or;
(12)
Where the aggregate square footage for all structures on any parcel exceeds 25,000, or;
(13)
Where the proposed action includes greater than 50 off-street parking or loading spaces, or;
(14)
Any application in which additional technical evaluations are determined by the Commission to be necessary to fulfill the Town requirements for processing the application and/or may be necessary to obtain a satisfactory evaluation of the Application, inclusive of legal reviews and guidance.
N.
Whenever an application establishes criteria identified in § 30-13.9M, the Town Planner will provide an estimated cost for technical services and consultants. The commission will review said estimate and determine the necessary scope of services and establish an appropriate additional fee.
O.
The fees required under § 30-13.9 will be paid to the Town of Vernon prior to further proceeding on the application. Upon completion of the technical review and/or other services, a determination of the costs incurred will be performed, and any excess will be refunded to applicant. During the course of the application review, if the fee as set by the Commission is found to be insufficient, the Commission may review and revise such fee as appropriate.
P.
If the fees required under § 30-13.9 are not paid in a timely fashion as to allow the Commission to comply with provisions of C.G.S. 8-7d, such failure may be ground for the Commission to deny the application without prejudice. Any partial fees paid may be credited towards a subsequent application.
Q.
The Commission may, in determining standard, and additional fees, may take into consideration:
(1)
Such application is substantially similar to one previously filed and withdrawn, or denied without prejudice;
(2)
The previous application had paid all fees in full;
(3)
Minimal additional staff time will be needed for review and processing the application;
(4)
The application is from a municipal entity;
(5)
The application pertains to a non-profit entity.
R.
An applicant may contest the fee required for any application submitted by submitting a letter to the Town of Vernon Building Department at 55 West Main Street, to the attention of the Zoning Enforcement Officer. Any request to reduce the amount of fee required for any aspect of the application should be made within 30 days of the date of submission to the Department. The Zoning Enforcement Officer shall review said request within 65 days of its receipt, and issue a decision within 65 days of the conclusion of said review.