A.
Yard setback exceptions.
(1)
An appropriate driveway may be located within the required front
yard setback.
(3)
The following major projections of structures in residential
zones may project not more than five feet into any required yard setback:
(4)
The yard setback requirements of these regulations shall not
be deemed to prohibit any necessary retaining walls nor any fence,
wall or other required barrier to contain noise or provide screening;
provided, however, that:
(5)
A sign permitted in accordance with Section 214-7.1 of these regulations may be placed within the required front yard setback.
(6)
Where it can be demonstrated that solar access, protection or
control of the south facing wall of a dwelling will be hindered by
the required minimum distance between the structure and the lot line,
said yard may be reduced by the Zoning Commission not more than 10
feet in order to accommodate passive solar facilities for homes that
are one year old or older.
B.
Height exceptions.
(1)
Subject to the limitations in Section 214-8.1B(2), the height limitations of these regulations shall not apply to:
(2)
For the exception to the height limitations, such features listed in Section 214-8.1B(1) may only be erected to such height as is reasonable and necessary to accomplish the purpose that they are intended to serve and such features must:
C.
Lot frontage/area exceptions.
(1)
Provided that such lot has its frontage on a street and that
sanitary sewage disposal and a potable water supply can be assured
without hazard to public health, the lot frontage and lot area requirements
of these regulations or amendments thereto shall not prevent construction
of a permitted building or establishment of a permitted use on a lot
that:
(a)
Was owned separately from any adjoining land prior to December
12, 1953, as evidenced by deed recorded in the Somers land records;
(b)
Was lawfully established in conformance with the lot frontage
and lot area requirements of these Zoning Regulations that were in
existence at the time the lot was established; or
(c)
Was shown on a plan of subdivision or resubdivision approved
by the Planning Commission after December 12, 1953.
(2)
Any deviation from current yard setback requirements for such
lot shall require a variance from the Zoning Board of Appeals.
A.
Purpose and intent.
It is the purpose and intent of these regulations to:B.
Nonconforming lots.
(1)
In any district, a principal building and customary accessory
buildings and structures may be erected on a lawful lot existing as
of the effective date of adoption or amendment of these regulations,
or any applicable amendments hereto, provided that the yard dimensions
and requirements other than those applying to lot area or lot frontage
shall conform to the requirements of the district in which such lot
is located.
(2)
A nonconforming lot shall not be reduced in area, dimension
or any other manner which would increase its nonconformity.
(3)
If a nonconforming lot is converted to a conforming lot, it
shall thereafter conform to the requirements of the district in which
it is located, and the nonconforming lot shall not thereafter be resumed.
C.
Nonconforming uses.
(1)
Where a lawful use exists at the effective date of adoption
or amendment of these regulations, or any applicable amendments hereto,
which use is no longer permitted under these regulations as adopted
or amended, such use may be continued so long as it remains otherwise
lawful.
(2)
Ordinary repairs may be made or remodeling done to any structure
devoted in whole or in part to a nonconforming use, provided that
such work does not increase the nonconformity.
(3)
Any building or structure containing a nonconforming use, which
has been destroyed or damaged by fire, explosion, act of God, or by
public enemy may be restored only to the same dimensions, gross square
foot area and cubic volume existing immediately prior to such damage
or destruction.
(4)
A nonconforming use shall not be considered terminated or deemed
abandoned unless the property owner of such use voluntarily discontinues
such use and such discontinuance is accompanied by an intent not to
reestablish such use.
(5)
After the effective date of adoption or amendment of these regulations or any applicable amendments hereto, unless a special use permit has been granted by the Commission in accordance with Section 214-9.4 of these regulations to allow the particular nonconforming use to be altered, a nonconforming use shall not be:
(a)
Enlarged or increased, nor extended to occupy a greater floor
area or area of land than was occupied at the effective date of adoption
or amendment of these regulations;
(b)
Moved in whole or in part to any portion of the land other than
that occupied by such use at the effective date of adoption or amendment
of these regulations; or
(c)
Extended or enlarged by the attachment to a building or land
of additional signs intended to be seen from off the premises, or
by the addition of other uses of a nature which would be prohibited
generally in the district involved.
(6)
A nonconforming use may, by granting of a special use permit by the Commission in accordance with Section 214-9.4 of these regulations, be changed to another nonconforming use, provided that:
(a)
The Commission shall find that the proposed use is equally appropriate
or more appropriate to the district than the existing nonconforming
use;
(b)
The Commission may attach such conditions and safeguards as
may be required to protect the public health, safety and general welfare
and to ensure continued compliance with these regulations; and
(c)
A written statement of intent to abandon the prior use is submitted.
(7)
If a nonconforming use is abandoned, the previous nonconforming
use shall not thereafter be resumed.
(8)
No nonconforming use shall be moved in whole or in part to any
other portion of the property occupied by such use at the effective
date of adoption or amendment of these regulations.
D.
Nonconforming structures.
(1)
Where a lawful structure exists at the effective date of adoption
or amendment of these regulations, or any applicable amendments hereto,
which could not be built under the provisions of these regulations
as enacted or amended by reason of restrictions on area, lot coverage,
height, yards, its location on the lot, or other requirements concerning
the structure, such structure may be continued so long as it remains
otherwise lawful.
(2)
A nonconforming structure may be moved within its existing lot
so long as such move decreases its nonconformity.
(3)
Provided that such work does not increase the nonconformity,
nothing in these regulations shall prevent:
(a)
Ordinary repairs made to a nonconforming structure;
(b)
The strengthening or restoring to a safe condition of a nonconforming
structure declared unsafe by the Building Official; or
(c)
The strengthening or restoring to a safe condition of any part
of a nonconforming structure where required by any lawful order.
(4)
A nonconforming building or structure shall not be considered
terminated or deemed abandoned unless the property owner of such building
or structure voluntarily discontinues such building or structure and
such discontinuance is accompanied by an intent not to reestablish
such building or structure. The demolition or deconstruction of a
nonconforming building or structure shall not by itself be evidence
of such property owner's intent not to reestablish such building
or structure.
(5)
A legal nonconforming structure may be maintained, repaired,
restored, rebuilt, replaced or altered, provided that such work:
(a)
Results in a building or structure with the same dimensions,
gross square foot area, cubic volume, density, bulk and site location
existing in the previously existing structure;
(b)
Does not increase the nonconforming aspect of the structure;
and
(c)
Complies with other applicable parts of these regulations for
the specific use and zone.
(6)
Unless a special use permit is granted by the Commission, no
extension or enlargement of any nonconforming building or structure
shall be made which increases the nonconformity of such building or
structure (horizontally or vertically).
(7)
The extension or enlargement of any building within a special
flood hazard area shall meet the Flood Damage Prevention Regulations.
(8)
After the effective date of adoption or amendment of these regulations
or any applicable amendments hereto, a nonconforming structure shall
not be enlarged or altered in a manner which increases the nonconformity.
(9)
A legal nonconforming structure which is damaged or destroyed
by fire, explosion, act of God, or the public enemy, may be rebuilt:
E.
Illegal use.
Nothing in these regulations shall be interpreted as authorization
for or approval of the continuation of any use of land, building,
structure or premises which, when commenced or first established,
was in violation of the zoning regulations then in effect and which
has never subsequently been legally validated by any amendment to
such regulations or by any provision of state law.A.
Purpose.
(1)
These regulations are intended to establish guidelines and standards
for the siting of telecommunication facilities in Somers in order
to protect the public safety and general welfare and, through design,
siting, and screening, to minimize any adverse effects.
(2)
The Town of Somers recognizes that wireless communication services
have become an important means of communication relied upon by residents
and visitors. Wireless telecommunication services also have a public
safety component since they can be used to summon police, fire and
other emergency services, if or when needed. The Town intends to balance
the public need or benefit resulting from wireless communications
service in Somers while seeking the least obtrusive means of having
such services available and minimizing possible negative impacts.
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Please note that antenna structures operated by licensed amateur
radio operators are addressed in Sections 214-3.3C(7) and 214-4.4B(4)(h).
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B.
Facilities requiring
special use permit.
The following telecommunication facilities shall require a special use permit from the Zoning Commission, and any such facility shall be reviewed for consistency with a) The purposes of this Section 214-8.3; b) The special use permit criteria contained in Section 214-9.4E of these regulations; and c) The standards contained in Section 214-8.3D of these regulations.(1)
New public safety tower or antenna: a new antenna and/or tower
intended and used primarily for the purpose of police, fire, ambulance,
and/or other emergency services or similar emergency communications.
(2)
New tower or antenna on Town-owned property: a new antenna and/or
tower located on property owned, leased or otherwise controlled by
the Town of Somers.
(3)
New tower or antenna: any new antenna and/or tower not regulated
by the Connecticut Siting Council or by the Public Utilities Regulatory
Authority, including but not limited to radio towers, meteorological
towers, or similar towers.
C.
Facilities regulated
by state authorities (state).
For telecommunication facilities regulated by the Connecticut Siting Council (CSC) or the Public Utilities Regulatory Authority (PURA), the standards contained in Section 214-8.3D of these regulations shall be submitted to such regulatory agency and shall be considered part of the "location preferences or criteria" as that term is used in C.G.S. Chapter 277a.(1)
Connecticut Siting Council. As provided in Chapter 277a of the
Connecticut General Statutes (C.G.S. Section 16-50g et seq.) and the
rulings of the Connecticut Siting Council, telecommunications towers
owned or operated by the state, a public service company, certified
telecommunications provider or used in a cellular system including:
(a)
Establishment of new towers (or built to support telecommunications
antennas);
(b)
Co-location of new antennas on existing towers;
(c)
Modification of approved towers; and
(d)
Applications to attach small cells to a new structure, an electric
transmission pole or other freestanding structure.
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Applicants to the Connecticut Siting Council are strongly encouraged
to meet with the Zoning Commission within 30 days of the preapplication
notice to a municipality as required by C.G.S. Section 16-501.(f)(1),
to review technical reports concerning:
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•
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The need for the facility;
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•
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A description of the site selection process;
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•
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Any alternate sites considered;
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•
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Measures to mitigate potential aesthetic impacts of the facility;
and
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•
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The potential environmental effects of the proposed facility.
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Such meeting with the Commission shall not be in lieu of the
public informational meeting as provided for by C.G.S. Section 16-501.(f)(1).
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(2)
Public Utilities Regulatory Authority. As provided in Chapter
283 of the Connecticut General Statutes (C.G.S. Section 16-228 et
seq.) and the rulings of the Public Utilities Regulatory Authority
(PURA), the placement of small cell or similar (telecommunication)
facilities on utility poles (including replacement or convenience
poles) that are part of the electric distribution system.
D.
Standards.
The following standards apply to applications submitted to the Commission under Section 214-8.3E and to applications submitted to the CSC or PURA.(1)
Location.
(a)
Protect the Town's visual quality and minimize any adverse
visual impacts of wireless communication facilities through proper
design, siting, and screening.
(c)
Avoid locating wireless communication facilities in locations
which will have adverse visual impacts upon:
[1]
Recognized historic places (properties listed in the National
Register of Historic Places and/or the State Register of Historic
Places).
[2]
Designated historic districts (National Register Historic Districts,
State Register Historic Districts, and/or local historic districts).
[3]
Scenic resources designated in the Plan of Conservation and
Development or elsewhere.
(2)
Antenna type.
(a)
For new towers, Somers expresses its preference that the number
of towers be minimized, especially visually prominent ground-mounted
towers.
(b)
Somers expresses its preference for wireless communication facilities
in the following order/hierarchy:
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Preferred
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Existing utility poles
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Small cell or other similar telecommunication facilities on
existing utility distribution poles
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Structure-mounted
(provided that such installation preserves the character and
integrity of those structures)
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Totally enclosed within:
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•
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An existing structure
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•
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A new steeple, chimney, or similar architecturally compatible
structure
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Externally mounted on the wall of:
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•
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An existing structure
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•
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A new steeple, chimney, or similar architecturally compatible
structure
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Mounted on or within a new purpose-built structure designed
to fit Somers's overall character (such as a structure designed
to look like a barn, silo, or similar)
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Externally mounted on the roof of:
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•
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An existing structure
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•
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A new steeple, chimney, or similar architecturally compatible
structure
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Internal mount on tower
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New internally mounted antennas on an existing or new tower
(monopole or flagpole)
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Not Preferred
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Up-sized utility poles
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Small cell or other similar telecommunication facilities on
utility poles that are substantially larger in size or scale compared
to existing utility poles
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External mount on tower
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New antennas externally mounted on existing or new pole (co-location)
including monopine or monopole
New lattice tower
New guyed tower
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(3)
Design.
(a)
For new installations, all wireless communication facilities
and associated equipment and material shall be visually shielded,
camouflaged, and/or minimized to be as visually unobtrusive as possible
when viewed from nearby properties and public roadways.
[1]
The design of the equipment, buildings and related structures
shall, to the extent possible, use materials, neutral colors, finish,
textures, screening, and landscaping that will blend them into their
location.
[2]
Any building-mounted antenna shall not extend more than 10 feet
above the highest point of the structure unless specifically approved
by the Commission due to unusual circumstances.
[3]
Any building-mounted antenna shall be completely screened or
shall be designed and installed to be architecturally compatible with
the structure in question.
(b)
New towers shall be located away from property lines and habitable
buildings at least as far as the height of the tower, including any
antennas or other appurtenances, unless adequate information has been
provided to demonstrate that a yield point or other approach has been
designed into the tower to avoid a tower falling on adjacent properties
or habitable buildings.
(c)
With regard to installations on utility poles:
(d)
Lighting of any wireless communication facilities shall be clearly
disclosed and shall not exceed what is clearly necessary for public
safety. No towers shall be artificially lighted unless required by
the FAA or other applicable authority and specifically authorized
by the Commission.
(e)
Signage shall be clearly disclosed and should not exceed what
is clearly necessary for public safety.
(f)
Site development shall minimize impervious surfaces, avoid soil
erosion and runoff problems, maintain natural buffers, and provide
for security and safe access.
(g)
Towers shall be protected to prevent unauthorized climbing.
(4)
Equipment shelters.
(a)
For equipment shelters associated with telecommunications facilities:
[1]
The presence of wireless communication equipment shall be concealed
within buildings that resemble sheds and other building types found
in Somers.
[2]
Such buildings shall not exceed one story in height and shall not exceed the maximum height in feet for an accessory building as specified in Section 214-3.4 of these regulations.
[3]
Such equipment and shelters shall be set back from property
lines in accordance with the requirements of the zoning district for
the minimum yard setbacks for principal buildings.
[4]
Such equipment shelters shall, in the opinion of the Commission,
be appropriately scaled (floor area, height) and designed for the
setting and the number of carriers provided.
[5]
In unusual situations where the above is not practical or desirable,
the Commission may allow the use of underground vaults or ground-mounted
equipment shielded by extensive landscaping and/or fencing.
(b)
For building mounted antennas, equipment vaults shall be concealed
or screening appropriate to the building shall be used to shield equipment
from view.
(c)
Any equipment cabinets or other appurtenances used in association
with the tower or antenna shall be clearly shown as part of the application,
including how such equipment is designed to blend with the surrounding
landscape or be obscured from adjacent properties and streets.
(d)
Security fencing, no more than six feet in height, may be required
by the Commission around the antenna, tower, and equipment depending
on the nature of the installation.
(e)
Landscaping, including buffering, may be required by the Commission
around the antenna, tower, and equipment depending on the nature of
the installation.
E.
Application requirements/requests.
For applications filed with the Zoning Commission (ZC) under Section 214-8.3, the information identified below as relevant will generally be required unless modified or waived by the Commission. For applications filed with the Connecticut Siting Council (CSC) or the Public Utilities Regulatory Authority (PURA), the information identified below as relevant is requested.|
Information
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ZC
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CSC
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PURA
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(1)
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Carrier identified
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(a)
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A statement identifying which licensed carrier is either an
applicant or a co-applicant on the application
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(2)
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Emergency service needs considered
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(a)
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A statement identifying whether an authorized emergency services
organization (police, fire and/or ambulance services) is either an
applicant or a co-applicant on the application
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(b)
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If an authorized emergency services organization is not a co-applicant,
statements from police, fire and ambulance services indicating whether
they have any emergency service communication needs which could be
addressed by the proposed facility
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(c)
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Documentation that the proposed facility will not cause any
interference with any emergency or public safety radio system
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(3)
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Regulatory compliance
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(a)
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A statement that all towers, antennas, and/or equipment will,
at all times, be operated in accordance with relevant local, state,
and federal regulations
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(b)
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Documentation regarding noise emission from equipment and steps
to be taken so that any equipment noise is inaudible at the property
line
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(4)
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Coverage
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(a)
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Coverage parameters used in the analysis of potential sites
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(b)
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Information on all tower sites considered and the reasons for
rejection of any site
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(5)
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Visual impact and extent
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(a)
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For a new tower, the boundaries of the tower's viewshed
(the area within which the tower can be seen based upon topography)
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(b)
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For a new tower, notice of a balloon test for the proposed site
shall be published in accordance with the notice provisions in C.G.S.
Section 8-7.
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(c)
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Illustrations of the proposed tower, antennas, equipment shelters,
and any other construction or development attendant to the facility
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(d)
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Visual simulation of the proposed tower, antennas and equipment
enclosure(s)
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(e)
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A statement indicating whether utilities serving the facility
will be overhead or underground
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(f)
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A statement indicating whether the site will require lighting
per the FAA regulations and, if so, what type of lighting is proposed
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(g)
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A statement as to whether any commercial logo or identification
will be placed on any equipment so as to be visible from adjacent
property or a public street
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(6)
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Construction plans
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(a)
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For towers, site plans with 2-foot contour intervals showing
all proposed changes to the existing property, including clearing,
grading, structure and equipment location(s), temporary or permanent
roads or driveways, existing and proposed stormwater management facilities,
and other considerations
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(b)
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For utility pole installations, site plans showing all proposed
changes within the street right-of-way or on nearby property, including
vegetation removal, grading, and other considerations
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(c)
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For towers, drawings of the tower and key dimensional parameters,
including any built-in yield point or other parameter
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(d)
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Drawings of any building, underground vault, fence, screening,
or other enclosure for equipment
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(e)
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For towers or for any ground-based equipment or structures,
landscaping drawings
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(7)
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Other requirements
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(a)
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A statement shall be submitted indicating whether there are
any deed restrictions or easements or other encumbrances that would
affect the installation of wireless communication facilities
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(b)
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For applications to PURA, the applicant shall submit a statement
indicating their willingness to schedule a public information meeting
in Somers if requested by the Town
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(8)
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Operational considerations
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(a)
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A statement about whether the site will require lighting per
the FAA regulations or be installed for any reason and, if so, what
type of lighting is proposed
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(b)
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The applicant's program for annual reporting of the contact
person
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(c)
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The applicant's proposal for documenting, upon request
by the Town:
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•
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Whether radio frequency emissions from the antennas and/or equipment
exceed FCC guidelines and actions taken to correct any noncompliance
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•
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Whether equipment at the site complies with noise limitations
and actions taken to correct any noncompliance
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(d)
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For new towers, the applicant shall prepare and submit an affidavit
acceptable to the Commission, for recording on the land records, declaring
responsibility for the orderly removal of towers, antennas and associated
equipment and restoration of the site at the operator's expense.
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(e)
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A written maintenance plan for the site, including, but not
limited to, all facilities including landscaping at the site
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A.
Purposes.
The
purposes of this section of the regulations are to preserve a cover
crop on the land, to prevent erosion and to control any earthwork
operations that may create a safety or health hazard to the public
or the nearby property owners or be detrimental to the immediate neighborhood
or to the Town of Somers.B.
Allowed with no
zoning permit required.
An earthwork operation is permitted
without obtaining additional zoning approval, provided that no blasting,
mechanical rock splitting, or similar dislocation is involved, and
provided that such earthwork activity occurs in connection with one
of the following:(1)
Earthwork involving 1,000 cubic yards or less of earth material
when associated with a development or activity for which site plan
approval or a special use permit has been issued by the Zoning Commission
or the Planning Commission and the amount of earthwork has been declared
by the applicant and approved by such Commission.
(2)
Earthwork involving 1,000 cubic yards or less of earth material
associated with a development or activity for which a zoning permit
has been issued by the Zoning Enforcement Officer and the amount of
earthwork has been declared by the applicant and approved by the Zoning
Enforcement Officer.
(3)
The landscaping of a lot having one or more existing structures
and involving 1,000 cubic yards or less of earth material.
(4)
Normal agricultural operations.
(5)
The construction of ponds for agricultural or conservation purposes,
provided that the material removed is left on the site, that the earthwork
does not affect any watercourse or wetlands drainage or flow and will
not cause soil erosion or sedimentation problems and that any other
state or municipal permits required for such activity have been issued.
(6)
Earthwork associated with construction of a road in a subdivision
approved by the Planning Commission with a financial guaranty for
erosion and sediment control on file.
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Existing earthwork operations may continue as nonconforming
uses until the expiration of their yearly permit, but the operator
must then file a statement with the Commission setting forth the area
included in the operation and the nature, extent and purpose of the
operation now being carried on. After such a statement is filed with
and approved by the Commission, any extension, change or renewal of
the operation shall be considered a new operation and shall require
compliance with these regulations.
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C.
Allowed with site plan approval.
(Reserved)D.
Allowed with special
use permit.
(1)
Earthwork of more than 1,000 cubic yards. Unless allowed in accordance with Section 214-8.4B, any earthwork, including, but not limited to, excavation or removal of sand, gravel, clay, soil, humus, quarry-stone, rock or other earth materials or filling of land, shall require a special use permit.
(2)
Blasting or similar dislocation. Any blasting, mechanical rock
splitting, or similar dislocation associated with any earthwork, including,
but not limited to, excavation or removal of sand, gravel, clay, soil,
humus, quarry-stone, rock or other earth materials or filling of land,
shall require approval of a separate special use permit by the Commission.
As part of the application review process, the Commission shall consider
the following:
(a)
A report from the Fire Marshal.
(b)
Reports from any other local or state agency having jurisdiction
over blasting, mechanical rock splitting, or similar dislocation operations.
(c)
A report submitted by the applicant regarding whether the blasting,
mechanical rock splitting, or similar dislocation operation will constitute
a nuisance or cause damage to nearby property.
(d)
Information submitted by the applicant demonstrating adherence
to guidelines issued by the Department of Energy and Environmental
Protection such as the Guidance Document For Evaluating Potential
Hydrogeologic Impacts Associated With Blasting & Development Activities
(2019), as may be amended, including a drinking water well receptor
survey.
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URL active as of April 2021
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https://portal.ct.gov/-/media/DEEP/site clean up/potable
water/Blasting-Guidance-Dec2019.pdf
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(e)
Information submitted by the applicant with regard to proposed
blasting materials, proposed mechanical rock splitting lubricants,
and/or other materials proposed to be used (including Material Safety
Data Sheet information).
(3)
Crushing or separating operations. Crushing or separating operations
shall also require approval of a separate special use permit by the
Commission.
E.
Procedures for special
use permit.
(1)
Issuance. The Zoning Commission may issue or renew a special
use permit for earthwork operations involving earth products and:
(2)
Renewal.
(a)
The Zoning Commission may renew a special use permit if it determines
that the operation, as carried on, is in compliance with these regulations
and with any and all conditions set forth in the permit.
(c)
A project may be divided into stages and approval shall be required
by the Commission before each stage is undertaken if deemed necessary
or desirable by the Zoning Commission.
(3)
No special use permit shall be issued or renewed pursuant to
this section unless the following conditions are met:
(a)
The activity shall not result in the creation of any sharp declivities,
pits or depressions, soil erosion, soil fertility problems or permanently
depressed land values, or create any drainage or sewage problems or
other conditions which would impair the use or reuse of the property
or neighboring property in accordance with these Zoning Regulations
or which would create a nuisance.
(b)
The activity shall be in harmony with the general purpose and
intent of these regulations and shall not have an adverse effect on
any existing or potential surface water or groundwater supplies.
(c)
The premises shall be excavated and graded in conformity with
the proposed plans as approved.
(d)
During the period of earthwork operations, adequate barricades
and/or woven fences with middle posts, four feet in height, shall
be erected for protection of vehicles and pedestrians.
(e)
No heavy equipment other than for digging, leveling, loading
and carting excavated material shall be used on the site, and no material
shall be processed on the site, unless permission, in writing, is
first obtained from the Zoning Commission.
(f)
At all stages of operation, proper drainage will be provided
to avoid the occurrence of stagnant water and to prevent interference
with and contamination of surface water and groundwater.
(g)
During and after the earthwork operations, the site shall be
cleared of debris.
(h)
Silt and sediment shall not be permitted to run off the site,
and settlement basins shall be used to control sedimentation.
(i)
All arable soil from any earthwork operations area shall be
set aside and retained on the premises, and shall be respread over
the affected area and permanently seeded upon completion of the entire
operation or any part thereof.
(j)
Unless a plan for removal is coordinated with the owner of an
adjacent tract and approved by the Commission:
[1]
No activity involving or related to the removal of earth materials
or the filling of land shall be conducted nearer than 100 feet from
any property line.
[2]
If the final grade of any excavated or filled area will be below
the established elevation of a street, no activity involving or related
to the removal of earth materials or the filling of land shall be
conducted nearer than 100 feet from such street line.
[3]
Such prohibited activities include, but are not limited to,
excavation, removal, stockpiling and clearing.
[4]
Measurement shall be made from the property line or street line,
as appropriate, to the nearest point of such removal, filling or other
activity.
[5]
In areas in which the natural vegetation within any such 100-foot
buffer area is not, in the opinion of the Commission, sufficient to
provide screening of adjacent properties or streets from dust, noise,
erosion, drainage or other potential problems arising from the activity,
the Commission may require that suitable plantings or other screening
be provided by the applicant.
[6]
Notwithstanding the foregoing provisions, the Commission may
allow any buffer area to be crossed by a driveway or other accessway
not to exceed 28 feet in width and as close to 90° through the
buffer area as possible if such access is necessary to allow the conduct
of the proposed activity, or if it would be more reasonable and prudent
than any alternative access.
[7]
The length, cost, location and other characteristics of any
alternative access may be considered by the Commission in determining
whether such access would be more reasonable or prudent.
(k)
Earth products removal operations shall not be permitted to
excavate to a depth any closer than five feet above the site's
high-water table.
(l)
Proper measures shall be taken to minimize the generation of
dust on access roads or driveways, and to minimize the nuisance of
noise, flying dust and rocks, both on and off the premises, including
any nuisance created by trucks hauling away or delivering material.
(m)
If considered necessary by the Zoning Commission, a limitation
may be placed upon the stockpiling of excavated or fill material.
(n)
Local streets shall be kept clean by the permittee of the earthwork
operation at all times.
(o)
Upon completion of an approved operation, the final grades in
any area excavated or filled shall not be steeper than three to one,
horizontal to vertical, or whatever lesser slope is necessary to maintain
stability under particular soil conditions, and this area shall be
covered with not less than six inches of topsoil, and, unless put
under cultivation, it shall be treated with two tons of lime per acre,
1,000 pounds of 10-10-10 fertilizer per acre and permanently seeded.
(p)
A permanent grass mixture and/or trees spaced apart not more
than seven feet on center shall be planted on the restabilized area.
(q)
These plans shall be referred to the Natural Resources Conservation
Service or other agency for recommendations.
(r)
Machines and trucks working in, to and from the pit area shall
be properly muffled and covered at all times.
(s)
All trucks shall be required to take the shortest distance to
a state road.
(t)
Topsoil or loam shall not be removed from any property except in accordance with Section 214-8.4E(1).
(u)
The site will be subject to continuously conform to the State
of Connecticut Guidelines for Soil Erosion and Sediment Control, as
amended.
F.
Standards.
(1)
Topsoil or loam.
(a)
Topsoil or loam may only be removed to the extent necessary
to allow permitted building or other construction activities.
(b)
Such topsoil or loam shall be retained on the property and shall
be respread on the property following the completion of construction
activities.
(c)
Such topsoil and loam shall then be reseeded or otherwise stabilized
to prevent erosion.
(d)
Topsoil or loam may be removed from the property only if the
applicant demonstrates to the Zoning Commission that such materials
cannot be practically reused on the property.
(2)
At no time shall more than one undivided area, which area shall
not exceed three acres in size, be opened within the lot, it being
the intent of these regulations that the remainder of the lot either
shall be undisturbed land or shall have been restored or stabilized
in accordance with Section 214-8.4D(3)(o). Boundary stakes shall be
maintained at all times for the purpose of inspection for compliance.
(3)
No earthwork operation shall be permitted within 50 feet of
a wetland or watercourse unless the applicant demonstrates that such
earthwork operation will not adversely affect the water quality of
such wetlands or watercourse or cause erosion of or sedimentation
into such wetland or watercourse. The applicant should be aware that
a permit from the Somers Conservation Commission may be required in
such cases.
(4)
No activity connected with any earthwork operation may be undertaken
on any Sunday or any legal holiday; or earlier than 7:30 a.m. nor
continue after 5:30 p.m. Monday through Friday; or earlier than 8:00
a.m. nor continue after 12:00 noon on Saturday. No processing of earth
products shall take place on Saturdays. Processing of earth products
in cases of emergencies may be granted by special permission of the
Zoning Commission.
(5)
As a condition for granting a special use permit, the Zoning
Commission shall decide on the total number of acres to be excavated
and the depth of the operation.
(6)
Filling operations shall be carried on in such a manner as to
prevent the breeding or harboring of insects, rats or other vermin,
and to prevent the transport of fill or excavated material, or any
waste or debris, off the premises by wind, water or other causes.
(7)
Failure to meet any requirement shall bar the issuing of a permit,
regardless of whether such failure was caused by the applicant, any
predecessor in title or any other person.
G.
Application requirements.
(1)
In addition to any other requirements for site plans under these
regulations, the site plan for an earthwork operation shall include
the following information:
(a)
Location of area to be excavated or filled and proposed commencement
and completion dates.
(b)
A detailed statement of the nature, extent, timing and purpose
of the operation.
(c)
Depth of existing topsoil at various locations.
(d)
Depths to water table before and after the operation.
(e)
Proposed truck routes. Access and egress to and from the property
must be at least 100 feet from side and rear lot lines.
(f)
Proposed truck circulation within the property.
(g)
Existing and proposed drainage on the premises.
(h)
Proposed measures for control of runoff, soil erosion and sedimentation.
(i)
Existing topographic contour lines on the premises and proposed
final contour lines resulting from the intended earthwork operation,
shown on a map, drawn to scale of not more than 40 feet to the inch,
and with contour intervals of no greater than five feet. Contour lines
must be shown for all areas within, and within 100 feet of, the site
of the proposed earthwork operation.
(j)
All existing buildings or structures on the site and any buildings,
structures or uses being applied for.
(k)
Surrounding properties and streets.
(2)
A fee of $600 per year shall be levied upon the permittee to
defray the expenses of inspections and reports.
H.
Financial guaranty requirements.
(1)
As a condition of the special use permit, the applicant shall
post a financial guaranty in the amount equal to 120% of the cost
estimated by the applicant and approved by the Commission (but not
less than $10,000) for:
(2)
Such financial guaranty shall be in the form of a continuous
surety bond, irrevocable letter of credit, cash or passbook acceptable
to the Commission.
(3)
In order to ensure the faithful performance and completion of
the work pursuant to the conditions of the special use permit approval,
any financial guaranty provided under this section shall be filed
with the Town in a sum and form satisfactory to the Town Engineer,
Town Attorney and the Commission and shall be in force until canceled
by the Commission.
(4)
Such financial guaranty shall provide terms acceptable to the
Town Attorney specifying that:
(5)
Cessation of operations for a six-month period shall be considered
as cause to call the financial guaranty to address stabilization of
the site.
I.
Restrictions on transfer.
(1)
No special use permit issued in accordance with this section
shall be transferable or assignable to any other person, corporation
or legal entity, and no transfer of deed involving an earthwork operation
shall occur until:
(a)
Complete restoration of an earthwork operation has been completed
to the Commission's satisfaction;
(b)
The full amount of the financial guaranty has been released
to the Town to complete the restoration of the site; or
(c)
The person, corporation or legal entity responsible for the
restoration of the earthwork operation submits proof acceptable to
the Commission that new security, satisfactory to the Commission,
is in force before the present security is released.
(2)
Any alienation of title to the premises concerning which a permit
has been issued, whether by sale, lease, gift, devise or other means,
shall:
(a)
Operate as a revocation of said special use permit, and any
subsequent owner, lessee or sublessee must apply for a new permit
before any earthwork operations may be conducted upon said premises;
and
(b)
Be cause for the Commission to see that the full amount of the
financial guaranty has been released to the Town to complete the restoration
of the site.
(3)
No such new special use permit shall be issued to a new person,
corporation or legal entity unless all conditions stated in these
regulations, and in any previous permits, have been met.
J.
Revocation of permit.
(1)
If it appears to the Commission or its authorized agent at any
time after the issuance of a special use permit under the provisions
of this section and prior to the completion of the work thereunder,
that any of the work is not in accordance with these regulations or
the terms of the special use permit, the Commission or its authorized
agent may serve a notice on the violator stating the nature of the
violation and giving not more than 30 days for the violation to be
corrected.
(2)
If the violation is not corrected within the time specified
in the notice, the Commission or its authorized agent may revoke the
permit and take such other action as it or he may reasonably deem
necessary to bring the work into compliance with these regulations
and the terms of the special use permit, including but not limited
to calling the financial guaranty.
A.
Applicability.
All adult-oriented establishments, as that term is defined in Chapter 72 of the Town of Somers Code, as may be amended from time to time, shall be subject to the following regulations.B.
Locational limitations.
(1)
Adult-oriented establishments are permitted only in the Business
Zoning District.
(2)
The lot on which such establishment is located shall be at least
1,000 feet, measured along a straight line from property line to property
line, from:
(a)
Any lot that is zoned for residential uses.
(b)
Any lot that contains other adult-oriented establishments.
(c)
Any lot containing an existing residential use.
(d)
Any building or premises used for the purpose of a:
[1]
Hotel, motel;
[2]
Public school (or a duly authorized school other than a public
school, conducted for the instruction of children under 18 years of
age and giving instruction at least 180 days a year);
[3]
Church;
[4]
Charitable institution (whether supported by public or private
funds);
[5]
Hospital;
[6]
Convalescent home;
[7]
Cemetery;
[8]
Library;
[9]
Museum;
[10]
Child day-care center;
[11]
Park or recreation facility;
[12]
Public playground;
[13]
Municipal fire or police station; or
[14]
Municipal Town Hall.
C.
Other requirements.
(2)
The following specific criteria shall also apply to any adult-oriented
establishment:
(a)
One parking space for every 100 square feet of gross floor area
devoted to the adult-oriented establishment shall be provided.
(b)
No exterior sign shall contain any photographic or artistic
representation of specified anatomical areas.
(c)
All building openings, entries, windows, doors, etc., shall
be located, covered or screened in such a manner as to prevent view
into the interior of the building from any public right-of-way or
adjacent property.
(d)
No adult use shall be established in any building of which any
part is used for residential purposes.
(e)
No residential use shall be established in any building of which
any part is used as an adult use establishment.
(f)
Illumination.
[1]
Adequate lighting shall be provided on a site to ensure the
safe movement of persons and vehicles and for security purposes.
[2]
Stairways, sloping or rising paths and building entrances and
exits shall be illuminated.
[3]
All lighting shall be full cut-off or shielded type to prevent
direct glare and/or light trespass onto adjoining properties. Floodlighting
and spotlight-type fixtures attached to the building are prohibited.
[4]
All nonessential lighting (display, aesthetic, parking and sign
lighting) shall be turned off after business hours, leaving only the
necessary lighting for site security.
[5]
The use of motion-detection lighting for security is preferred
over a constant light source.
