A.
The following regulations shall apply to the submission
and approval of site plans for all structures, excluding single- and two-family
dwellings, as well as parking lots and special exception uses, as specified
in Article VI of this chapter. All requirements of this section are in addition
to other requirements applicable in the district where the lot or land is
located.
B.
Site plan review and approval by the Commission shall
be required before any zoning permit shall be issued for any building or use
or enlargement in size or other alteration of any building or change in use
of any building, including accessory structures. No certificate of zoning
compliance shall be given unless all construction and development conform
to the plans as approved by the Commission. (See Appendix for site plan checklist
information.[1])
[1]
Editor's Note: The Appendixes are located at the end of this chapter.
In reviewing a site plan application, the Commission shall take into
consideration the public health, safety and welfare of the public in general
and the immediate neighborhood in particular and may prescribe reasonable
conditions and safeguards to ensure the accomplishment of the following general
objectives:
A.
That the proposed site plan shall be in general conformance
with the intent of the City Plan of Development; however, the Plan of Development
shall not take precedence over specific provisions of the zoning regulation.
B.
That all buildings, structures, uses, equipment or material
are readily accessible for fire and police protection.
C.
That all proposed traffic 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 corner, places
of public assembly and other accessways; and adequate in design for other
similar safety considerations.
D.
That adequate off-street parking and loading spaces are
provided to prevent on-street traffic congestion; that all parking spaces,
maneuvering areas, entrances and exits are suitably identified; 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, guardrails, 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.
E.
That the general landscaping of the site complies with
the purpose and intent of these regulations; that existing trees are preserved
to the maximum extent possible; and that parking and service areas are suitably
screened during all seasons of the year from the view of adjacent residential
districts and public rights-of-way.
F.
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.
G.
That all utility systems are suitably located, adequately
designed and properly installed to serve the proposed uses, to protect the
property from adverse air, water or land pollution, and to preserve and enhance
the environmental quality of the surrounding neighborhood.
H.
That the development of the site will preserve sensitive
environmental land features such as steep slopes, wetlands and large rock
outcroppings and preserve scenic views of historically significant features
and keep the maximum amount of land either landscaped or in its natural state.
I.
That the location, size, design and scale of any proposed
use, building or structure, as well as the nature and intensity of operations
involved in 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.
A.
Each application for site plan approval shall be submitted
to the Zoning Officer on a form prescribed by the Commission and shall be
accompanied by 10 copies of a site plan, as well as the applicable fee, as
determined from time to time by the Commission.
B.
Prior to submission of a formal site plan application,
the applicant shall meet with the Zoning Officer to discuss the site plan
application. If the Zoning Officer deems it appropriate, he may waive the
submission of specific information identified in the site plan checklist.
(See Appendix.[1]) The application shall be accompanied by the following:
(1)
Statement of use. A written statement, signed by the
applicant, and by the owner if different from the applicant describing the
following in sufficient detail to determine compliance with the provisions
of this regulation and to establish the plan and site development program
basis for review of the site plan submission; 10 copies shall be submitted:
(a)
A declaration as to the nature and extent of the proposed
use or occupancy;
(b)
Provision to be made for water supply, sewage disposal,
solid and liquid waste disposal, drainage and other utilities;
(c)
The number of persons to be employed at, occupy and/or
visit the premises on a daily basis, including the parking and loading requirements
for the use;
(d)
An estimate of the type of vehicular traffic and number
of vehicle trips to be generated on a daily basis and at peak hour;
(e)
A time table for development of the proposed use;
(f)
Disclosure of any toxic or hazardous materials to be
used, stored or processed in connection with the proposed use or occupancy
as identified in the United States Environmental Protection Agency list of
priority pollutants, Sec.3001 of the Resource Conservation and Recovery Act
(40 CFR 261) or the State of Connecticut Hazardous Waste Regulations, which
disclosure shall include a description of how such materials are to managed
and a report on the status of permits and approvals required from federal,
state and city agencies having jurisdiction.
[1]
Editor's Note: The Appendixes are located at the end of this chapter.
Applications submitted for site plan review shall include a description
of all proposed uses and structures; a site plan showing the subject lot,
prepared and certified by a land surveyor and/or professional engineer licensed
in the State of Connecticut; and any construction plans for the proposed buildings,
structures or alterations of existing and proposed structures as the Commission
may require. Final site plans shall be clearly and legibly drawn at a scale
of one inch equals 50 feet or other scale acceptable to the Commission and
accompanied by 10 paper prints. Final site plans shall be prepared to an accuracy
meeting the standards for a Class A-2 Survey.
The site plan shall include the following information:
A.
Name and address of the applicant, owner of record, name
of the development and all current abutting property owners.
B.
Name, address and professional seal of the individual
responsible for preparing the site plan.
C.
A general location map showing the location of the site
in relation to existing city roads at a scale of one inch equals 800 feet.
D.
The map shall indicate the zoning district; tax map,
lot and block numbers; municipal boundaries; and zoning district boundary
lines and a schedule specifying the area of the lot, the amount of floor area,
building ground coverage and total coverage by building and paving in square
feet and as a percent of the lot and the basis for computation of required
off-street parking and loading spaces; and
E.
Date, North arrow, scale, and total acreage of site.
F.
The following signature block:
|
Approved by the Derby Planning & Zoning Commission
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Final Approval:
| ||
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Chairman
| ||
|
Date:
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Expiration Date:
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Conditional Approval:
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Chairman
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Date:
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Expiration Date:
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G.
An outline of all existing and proposed deed restrictions
or covenants applying to the property.
H.
Existing and proposed contours of the land at intervals
of two feet or less, or as deemed appropriate by the Commission.
I.
Location and design of all existing and proposed uses
not requiring a structure.
J.
Ten copies of architectural plans drawn to a scale not
to exceed 1/4 inch equals one foot or 1/8 inch equals one foot showing
principal uses, floor areas, entrances, exits, technical equipment, stairwells,
stairways, all proposed windows, elevations, building facade and exterior
elevations.
K.
Location and design of all existing and proposed roads,
curbs, sidewalks, driveways and parking and loading areas with the correct
number of parking stalls provided. Parking computations shall be shown on
the plan.
L.
Location of buffer strips and screening, where deemed
necessary by the Commission, showing the type, size, and species of shrubs,
trees or other planting and landscaping materials. Buffer areas: In cases
where a site in a nonresidential zone abuts a residential district, a buffer
area may be required. Such buffer, when required, shall not be less than 12
feet in width and planted with evergreens in no fewer than two rows, no further
than 15 feet apart along each row, staggered to provide maximum screening
and using trees not less than five feet in height at time of planting. The
Commission may require additional buffer width or area or more mature plantings
if unusual conditions demand more extensive screening. Such buffer areas are
not required for frontage along the road. The approved planting plan must
be effectuated before a certificate of zoning compliance is issued. If construction
is completed during a nonplanting season, a bond or certified check for an
amount covering planting costs shall be given to the Commission or its designated
agent to assure planting.
M.
Location and design of all existing and proposed water
supply, sanitary waste disposal, stormwater drainage facilities (including
a drainage analysis map and supporting calculations) and other underground
and aboveground utilities.
N.
Location, type, height and intensity of any existing
or proposed exterior lighting, including provisions for shading of such lighting.
O.
Where the applicant wishes to develop in stages, a site
plan indicating initial development and each additional development stage
shall be submitted for approval.
P.
In the case of uses or facilities requiring approval
of any city, state, and/or federal agency, department and/or official, the
approval of such agency, department and/or official shall be submitted by
the applicant.
Q.
Location of existing watercourses, wetlands, one-hundred-year
floodplains, wooded areas, rock outcrops and other significant physical features
on and within 200 feet of the property.
R.
In a Floodplain District, the floodplain boundary and
the base flood and floor elevation data as specified in Article XV based on
the datum specified above.
S.
Location of all permanent existing and proposed monuments.
T.
The location and dimensions of all proposed outdoor signs.
U.
All structures on adjacent properties within 200 feet
of the lot lines of the subject lot (including wells and septic systems).
V.
The Commission may waive any of the above requirements
when it is deemed to be in the public interest and will not impair the integrity
of these regulations.
A.
Architectural plans. Architectural plans of all proposed
buildings and structures, and signs and outdoor illumination facilities unless
otherwise provided in connection with the site plan, as applicable to the
particular application, which plans may be preliminary in form but shall include
exterior elevation drawings, floor plans and perspective drawings in sufficient
detail to indicate the exterior building materials, color, height, bulk, stories,
roof line, ornamentation and general character and the interior uses of the
floor area, all prepared (except for drawings for signs) by an architect or
engineer licensed to practice in the State of Connecticut; 10 copies shall
be submitted.
B.
Traffic impact report. For site plans involving 50 or
more new parking spaces or proposed uses projected to generate either more
than 200 vehicle trips per day or more than 100 vehicle trips per day per
1,000 square feet of floor area, a traffic impact report, prepared by a recognized
traffic engineer, indicating the expected average daily vehicular trips and
peak hour volumes to be generated by all of the uses on the lot and the access
conditions at the lot, distribution of such traffic to be generated, types
of vehicles expected, effect upon the level of service on the street giving
access to the lot and at nearby intersections and recommended access and street
improvements to avoid congestion and provide safe and convenient access, taking
into account the site generated trips and the traffic on the street and at
nearby intersections projected to the date of occupancy of the site.
C.
Grading plan and erosion and sediment control plan. The
applicant shall submit plans for excavating, grading and filling as required
by the Commission as well as an erosion and sedimentation control plan. The
sediment and erosion control plan shall be referred to the City Engineer for
their technical review and advisory opinion. In submitting the sediment and
erosion control plan, the applicant shall address, as a minimum, the requirements
as set forth in Article XIV.
D.
Stormwater detention. Plans providing measures for detention
and controlled release of stormwater runoff shall be submitted when determined
as necessary by the Commission. When required, measures for the detention
and controlled release of stormwater runoff shall meet the following standards:
(1)
Peak discharges from the two- , ten- , twenty-five- ,
fifty- and one-hundred-year frequency, twenty-four-hour duration, Type III
distribution storms shall be analyzed. No increases in peak flow from these
storms shall be allowed.
(2)
The minimum required stormwater detention volume shall
be the runoff from the drainage area for a one-hundred-year frequency, two-hour
duration, Type III distribution storm minus that volume discharge during the
same duration at the approved rate as specified in Subsection D(1).
(3)
Maximum infiltration to the groundwater is encouraged.
Design of the stormwater management system shall consider reducing runoff
by use of such techniques as minimizing impervious areas and maximizing travel
times by using grass or rock-lined channels in lieu of storm sewers.
(4)
Runoff management system components shall be designed
according to sound engineering principles and installed in a sequence that
permits each to function as intended without causing a hazard. Single components
shall not be installed until plans for the entire runoff management system
are completed and approved. Final discharge points shall be approved by the
Commission.
(5)
All on-site facilities shall be properly maintained by
the owners so that they do not become nuisances. A plan of operation and maintenance
shall be prepared for use by the owners, or others responsible for the system,
to ensure that each component functions properly. This plan shall provide
requirements for inspection, operation and maintenance of individual components,
including outlets. It shall be prepared before the system is installed and
shall specify who is responsible for maintenance. Adequate rights-of-way must
be provided for maintenance access.
(6)
All runoff control structures located on private property,
whether dedicated to the city or not, shall be accessible at all times for
city inspection. Where runoff control structures have been accepted by the
city for maintenance, access easements shall be provided.
(7)
Appropriate safety features and devices shall be installed
to protect humans and animals from such accidents as falling or drowning.
Temporary fencing can be used until barrier plantings are established. Such
protective measures as guardrails and fences shall be used on spillways and
impoundments as needed.
(8)
Runoff management systems must be visually compatible
with the surrounding landscape.
(9)
Permits for runoff management systems may also be required
from the Inland Wetlands Commission where such systems may have an impact
on inland wetlands and from the Connecticut Department of Environmental Protection
where a dam is to be constructed or water diverted. See Sections 22a-365 et
seq. and 22a-409 of the General Statutes of Connecticut.
Evidence that the applicant, simultaneously with or prior to submission
of the application, has transmitted a copy of the application, together with
plans and documents if so specified, to the following public agencies as required:
A.
City Engineer (entire submission).
B.
Inland Wetlands Commission (statement of use, site plan).
C.
Conservation Commission (statement of use, site plan).
D.
Fire Marshal (entire submission).
E.
Chief of Police (statement of use, site plan, traffic
report).
F.
Water Pollution Control Authority.
G.
Street Commissioner
H.
Board of Aldermen
Any additional data or plans deemed necessary by the Commission to determine
conformity of the site plan with the intent and provisions of these Regulations
shall be submitted by the applicant.
Fees shall be in accordance with a fee schedule adopted by the Commission,
as amended.
In addition to base information, all site plans shall conform to the
following design standards:
A.
Access and circulation. Provision shall be made for vehicular
access to the lot and circulation upon the lot in such a manner as to safeguard
against hazards to traffic and pedestrians in the street and upon the lot,
to avoid traffic congestion on any street and to provide safe and convenient
circulation upon the lot. Access and circulation shall also conform to the
following:
(1)
Where reasonable alternate access is available, the vehicular
access to the lot shall be arranged to avoid commercial traffic use of local
residential streets situated in or bordered by residence districts.
(2)
Where a lot has frontage on two or more streets, the
access to the lot shall be provided to the lot across the frontage and to
the street where there is lesser potential for traffic congestion and for
hazards to traffic and pedestrians.
(3)
The street giving access to the lot shall have traffic-carrying
capacity and roadway improvements and traffic management facilities that are
sufficient to accommodate the amount and types of traffic generated by the
proposed use, taking into account access to existing uses along the street
and existing traffic projected to the date of occupancy of the site. Roadway,
traffic management and other deficiencies in the street giving access, which
result in congestion or impairment of safety and convenience, may be remedied
by the applicant if authorized by the owner of the street.
(4)
Where necessary to safeguard against hazards to traffic
and pedestrians and/or to avoid traffic congestion, provision shall be made
for turning lanes, traffic directional signals, frontage road driveways and
traffic controls within the street.
(5)
Access driveways shall be of a design and have sufficient
capacity to avoid queuing of entering vehicles within any streets.
(6)
Driveways into the lot shall not exceed a grade of 10%
and shall meet the street line and travelway of the street with proper transition
grades and in such a manner as to conform to the standard cross section for
the street.
(7)
Where topographic and other conditions are reasonably
usable, provision shall be made for circulation driveway connections to adjoining
lots of similar existing or potential use when such driveway connection will
facilitate fire protection services, as approved by the Fire Marshal and/or
when such driveway will enable the public to travel between two existing or
potential uses, open to the public generally, without need to travel upon
a street.
(8)
There shall be no more than one driveway connection from
any lot to any street, except that separate entrance and exit driveways may
be provided where necessary to safeguard against hazards and to avoid congestion
and additional driveway connections may be provided, particularly for, but
not limited to, large tracts and uses of extensive scope, if traffic flow
in the street will be facilitated by the additional connection.
B.
Existing streets. Where the lot has frontage on an existing
street, proper provision shall be made for grading and improvement of shoulders
and sidewalk areas within the right-of-way of the street and for provision
of curbs and sidewalks, as approved by the City Engineer and in accordance
with the pattern of development along the street. Where necessary to provide
for suitable access or for a system of neighborhood circulation streets, provision
shall also be made for appropriate continuation and improvement of streets
terminating at the lot where the use is to be located.
C.
Parking and loading. Off-street parking and truck loading
spaces shall be provided in accordance with Article VII of this regulation.
Whenever possible, an area on the lot shall be provided for any truck maneuvering
necessary to use off-street truck loading spaces. Truck loading spaces and
maneuvering areas shall have dimensions sufficient to accommodate the type
and size of truck expected at the premises.
D.
Parking lots.
(1)
Parking lots shall be designed to avoid creating large,
open expanses of paving.
(2)
No parking lots shall be designed that force vehicles
to back onto the street.
(3)
Interior traffic flow shall be marked with painted arrows.
(4)
Ingress and egress location shall be reviewed by the
Police Department.
(5)
Curb cut widths and curb cut radii must be reviewed by
the City Engineer and Police Departments or the ConnDOT, where appropriate.
(6)
The City of Derby Planning and Zoning Commission shall
be the final authority on determining curb cut width and radii whenever it
determines need to be more restrictive for the radius or width allowed by
the ConnDOT, provided that said restrictions meet with the approval of the
ConnDOT.
(7)
All driveways, loading and unloading areas and parking
areas shall be paved with a dust-free material.
(8)
All parking spaces shall have wheel stops or bumper guards.
(9)
Where sidewalks are adjacent to parking lots, a curbed
landscaped island of at least five feet shall be provided so as to prevent
vehicles from riding over the sidewalk area.
(10)
Where a parking lot with eight or more spaces has a driveway
adjacent to a side property line, a curbed landscaped planting strip of at
least three feet shall be provided between the driveway pavement and the property
line.
(11)
For parking lots for more than 50 cars, every other double
bay shall provide for sidewalks in a raised curbed area of sufficient width
to provide for car overhang and pedestrian walkway. In all other double bays,
where no sidewalk is required, a raised and curbed area of sufficient width
shall be provided for planting, shrubs, trees, light standards and car overhang
to prevent injury to same.
(12)
Parking aisles shall be separated at least every one
hundred and fifty feet lengthwise with a raised and curbed area of sufficient
width to prevent injury to planting, shrubs, trees or light standards.
(13)
Where a tenant or owner of a business provides the use
of carts for the convenience of the customers, such carts shall not be allowed
to be stored on sidewalks, walkways or driveways or in any manner inhibiting
pedestrian or vehicle circulation.
E.
Landscaping.
(1)
General. All proposed landscaping shall be clarified
on the plan as to location, common name and size, at time of planting.
(2)
Front yards. All front yards shall be landscaped with
shrubs so as to soften the effect the building creates at ground level.
(3)
Parking lot trees.
(a)
All parking lots of 50 car spaces or more shall include
one tree for every 10 parking spaces or fraction thereof.
(b)
Such trees shall be at least three inches in diameter
at time of planting.
(c)
All trees shall be placed or protected so as to avoid
damage by automobiles.
(d)
Trees used in parking lots shall be thornless honey locust,
pine, oak or other similar fast growing hardy varieties, or existing trees
where appropriately located.
(e)
For any parking lot providing spaces for 50 or more vehicles,
there shall be shade trees planted, spaced 50 feet on center around the perimeter
of lot, except that such distance may be increased for lanes of ingress or
egress, and provided further that there shall be shade trees planted between
parking aisle spaced 50 feet on center.
(5)
Buffer areas.
(a)
There shall be an effective buffer for screening headlight
glare in all instances when a commercial or industrial building is adjacent
to a residential zone.
(b)
Such buffer may be an earthen berm, evergreen screening
or wooden fencing depending upon the uniqueness of the property and the characteristics
of the adjacent property.
(c)
Evergreen buffers shall be planted sufficiently close
and be enough when planted to effectively screen automobile headlights.
F.
Drainage.
(1)
Provision shall be made on the lot for the management
of stormwater, including collection and disposal thereof, in the following
manner:
(a)
To assure the usability of off-street parking and loading
spaces;
(b)
To avoid hazards to pedestrians and vehicular traffic
on the lot and in any street;
(c)
To avoid stormwater flow across sidewalks and other pedestrian
ways;
(d)
To protect watercourses and wetlands from pollution,
erosion and sedimentation;
(e)
To avoid an amount of discharge and time of concentration
of flow beyond the capacity of downstream drainage channels; and
(f)
To avoid downstream flooding.
(2)
Provision shall also be made for the protection or improvement
of existing watercourses, channels and other drainage systems, on the lot
or downstream from the lot, as needed to accept or regulate the proposed drainage
discharge, based on sound design criteria under good engineering practice,
taking into account the drainage requirements of the entire watershed in which
the lot is located.
G.
Site lighting; general requirements.
(1)
Site lighting (to include but not restricted to parking
lots, area ways, pedestrian walkways, and other areas within sites requiring
lighting) shall provide adequate and proper illumination at ground level for
protection of the public and for safety in regard to pedestrian and vehicular
circulation.
(2)
All lighting shall be designed to minimize glare in the
area being lighted and shall be shielded so as to prevent glare on adjacent
property.
(3)
The location, height and type of fixture and illumination
shall be arranged and/or constructed so as to meet the general requirements
outlined above.
(4)
No festoon lights will be allowed.
H.
Storage areas. There shall be no outside storage of materials
unless said materials are effectively screened by wooden fencing, stone or
brick walls or evergreen trees or shrubs at least six feet high at the time
of planting.
I.
Signs.
(1)
The location of all signs shall be clearly marked on
the site plan.
(2)
The overall dimension of all signs shall be shown.
(3)
The total overall height from ground level shall be shown.
(4)
The type of sign lighting shall be indicated on the site
plan.
(5)
All signs shall conform to the requirements of Article
XI of these regulations.
K.
Sanitation. Proper provision shall be made for the water
supply and sewage disposal requirements of the proposed use. When public water
supply and/or sewage disposal systems are not to be used, the private systems
shall be designed and constructed in accordance with applicable state laws,
and the design shall be approved by the Valley Health District prior to approval
of the site plan. In addition, provision shall be made for the collection,
storage and disposal of solid wastes accumulated in connection with the proposed
use and for control of litter by means of receptacles, fences or other means
approved by the Commission.
L.
Emergency services. Suitable provision shall be made
on the lot for access to buildings and other structures by fire, police and
other emergency services and for fire hydrants, in accordance with good fire
protection practices.
M.
Wetlands and watercourses. The site plan shall provide
for protection of all wetlands and watercourses, including floodplains, on
the lot in their natural state, unless modification thereof is approved by
the Inland Wetlands Commission.
N.
Soil erosion and sediment control. Provision shall be
made for soil erosion and sediment control in accordance with the standards
for Article XIV of the Regulation.
O.
Special standards. The following special standards are
applicable to particular permitted uses that are subject to submission and
administrative approval of a site plan by the Commission:
(1)
Multifamily dwellings. Multifamily dwellings, whether
in a single building on the lot or a group of buildings on the lot, shall
also conform to the following standards:
(a)
Building type. Individual buildings for multifamily dwellings
shall not exceed 2 1/2 stories in height and shall contain accommodations
for not more than eight families.
(b)
Yards. Side and rear yards for multifamily dwellings
shall be increased by 50%.
(c)
Handicapped. One family housekeeping accommodation, specially
equipped and usable by handicapped persons in accordance with Section 315
of the State of Connecticut Basic Building Code, shall be provided as part
of any multifamily dwelling or group of dwellings on the lot for occupancy
by 25 or more families and for each 25 such families.
(d)
Driveways. Circulation driveways on a lot containing
multifamily dwellings for 20 or more families shall have a width of 32 feet
and be constructed to city standards for grade and alignment and to city specifications;
provided however, that when such circulation driveways contain no parking
spaces and are separated from parking spaces and access aisles for such spaces
by means of curbs and/or islands, the driveway width may be reduced to 24
feet.
A.
Performance bonds.
(1)
To assure that a proposed development, excluding buildings,
conforms to an approved site development plan and other required documents,
a performance bond may be required by the Commission. When a performance bond
is required, it shall be posted prior to the endorsement of the final site
plan and the issuance of any zoning permits. No construction work shall be
started prior to final approval of said site plan.
(3)
The amount of the performance bond shall be established
by the Commission. Applicants shall furnish the Commission with a listing
of the estimated quantities of materials needed to complete the improvements.
The bond shall cover the full cost of the improvements as if let-to-bid by
the city without advantages of on-site building materials or the sale of removed
earth material. In addition, the bond shall include an amount to cover the
escalation of all improvement costs over a two-year period.
(4)
The amount of the performance bond shall be sufficient
to cover the cost of any proposed or required site improvement, such as street
grading; roadway paving and street plantings; the installation of curbs, gutters,
storm drainage facilities, landscaping, sidewalks, monuments, bridges and
culverts; erosion and sediment control measures; site stabilization measures;
and all other such improvements that the Commission deems necessary to promote
public health and safety and to safeguard the city from undue expense in regard
to the future maintenance of said improvements. All improvements shall be
designed in accordance with established standards, rules and regulations applicable
in the City of Derby. The Commission may require a separate cash performance
bond be posted for all erosion and sediment control and site stabilization
measures.
(5)
Upon completion of the required improvements, the applicant
may be required to submit to the Commission:
(a)
Record drawings of the improvements (supplied by licensed
engineer or land surveyor);
(b)
Certification of accurate monument location (supplied
by land surveyor);
(c)
Easements in a form satisfactory to the City Attorney
including a written geometric description of all such easements; and
(d)
Proof of fulfillment of any other requirements or conditions.
(6)
The bond shall be released upon Commission certification
that all required improvements have been completed to the satisfaction of
the Commission and other appropriate city departments. In addition, a maintenance
bond covering all site improvements completed for the development may be required
by the Commission prior to the release of any performance bond. If the improvements
are not installed as required, the Commission is under no obligation to accept
the work. The Commission may recommend to the Board of Aldermen that the bond
be declared defaulted and take the necessary action to call the bond.
B.
Maintenance bonds. When required by the Commission to
assure proper maintenance of all site improvements and structures, a maintenance
bond in the amount of 10% of the cost of the site improvements shall be submitted
to the city. The maintenance bond shall be in effect for a maximum period
of one year from the date the improvements are accepted by the city. The bond
shall be posted prior to the issuance of any additional zoning certificates
of compliance. During such period, the applicant shall, when notified by the
city, promptly and at his own expense, repair all failures and defects, including
but not limited to the construction of roads, drainage, structures, appurtenances,
bridges and other improvements as may occur during such maintenance period.
He shall similarly repair all defects, settlements and irregularities of the
structures and appurtenances of drains, pipes, mains, conduits, curbs, gutters,
sidewalks, road surfacing, landscaping or other defective improvements detected
during the maintenance period. If the applicant fails to remedy any such defects
within 90 days of notification, the city may without prejudice to any other
remedy cause the required repairs to be made and paid for with the proceeds
of the maintenance bond.
C.
Completion of work. Failure to complete work as specified
on the approved site plan and application within five years from the date
of the Commission's approval of the site plan shall result in automatic expiration
of the approval, provided that the Commission shall file on the land records
of the City of Derby notice of such expiration.
A.
Waiver based on use. The Commission, upon written request
from the applicant, may grant a waiver on the submission of specific items
required by these regulations for the following uses:
B.
Reasons for waivers. The Commission may so grant a waiver
if it finds that:
(1)
The use will not increase traffic substantially or produce
safety hazards;
(2)
The use will not increase parking requirements;
(3)
The use will not produce a negative impact on properties
in the surrounding neighborhood;
(4)
The use will not substantially alter the nature of the
existing building(s) or other structure (s); or
(5)
The use will not be inconsistent with the public welfare
or impair the integrity of these Regulations.
A.
The Commission shall act on the site plan not later than
65 days after the date of receipt of said application. The Commission may
approve, modify and approve, or deny the application. Notice of the Commission's
decision shall be communicated to the applicant, in writing, within 15 days
after such decision has been rendered. The failure of the Commission to act
within 65 days of the day of receipt of such application shall be considered
as approved and a permit to that effect shall be issued by the Commission
upon the applicant's demand. Extensions of this may be permitted by mutual
agreement between the Commission and the applicant. Reasons for the Commission's
action shall be stated in the minutes.
B.
Any action of the Commission which involves an approval
with modifications and/or conditions not complied with within 90 days following
the approval shall become null and void, unless a date to the contrary has
been specified by the Commission or an extension is granted by the Commission.
C.
No site development plan will be approved which is inconsistent
with the public welfare or which impairs the integrity of these regulations.
D.
Approved development plans for special exceptions shall
be filed in the Office of the Town Clerk. All other approved development plans
shall be filed with the Commission or its designated agent, and said map shall
contain the signature of the Chairman and the approval date.
A.
The Zoning Officer is responsible for the enforcement
of all site plans.
B.
The Zoning Officer shall request the advice of the Commission
as to the necessity of a site plan.
C.
Any conditional site plan approvals voted by the Commission
shall be so noted by stamping on the site plan accordingly and noting the
specific conditions on the plan. A copy of the stamped and marked plan shall
be sent to the Building Official.
D.
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.
E.
All conditions must be noted on the original plan and
must be met or bonded for in an amount specified by the Commission and certified
by the Zoning Officer before a certificate of occupancy will be issued.
F.
In the event that the contemplated development does not
require a site plan, a written agreement, listing certain site plan requirements,
and signed by both the owner of the property and the Zoning Officer shall
be considered a binding site plan commitment under this section of the regulation.
