ARTICLE V

SECTION 25.17 SITE PLAN REVIEW

A. GENERAL CONSIDERATIONS

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 Sec. 25.18 of this regulation. All requirements of this Section are in addition to other requirements applicable in the district where the lot or land is located.

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.)

B. SITE PLAN OBJECTIVES

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 insure the accomplishment of the following general objectives.

1.) 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.

2.) That all buildings, structures, uses, equipment or material are readily accessible for fire and police protection.

3.) That all proposed traffic access ways 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 access ways, and adequate in design for other similar safety considerations.

4.) 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, guard rails, islands, crosswalks, speed bumps and similar safety devices when deemed necessary by the Commission to adequately protect life and property; and that provision is made for safe pedestrian movement within and adjacent to the property by the installation of sidewalks.

5.) 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.

6.) That glare from the installation of outdoor lights and illuminated signs is properly shielded from the view of adjacent property and public rights-of-way.

7.) 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.

8.) 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.

9.) 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.

C. SITE PLAN PROCEDURE

1.) APPLICATION

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.

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 Check List. (See Appendix) The Application shall be accompanied by the following:

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; ten (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 U.S. Environmental Protection Agency list of priority pollutants, Sec.3001 of the Resource Conservation and Recovery Act (40 CFR Part 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.

D. SITE PLAN REQUIREMENTS:

1.) Standard Requirements:

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 (1) inch equals 50 feet or other scale acceptable to the Commission; and accompanied by ten (10) paper prints. Final Site Plans shall be prepared to an accuracy meeting the standards for a “Class A-2 Survey”.

E. CONTENTS OF SITE PLAN:

The Site Plan shall include the following information:

1.) Name and address of the applicant, owner of record, name of the development and all current abutting property owners.

2.) Name, address, and professional seal of the individual responsible for preparing the Site Plan.

3.) A general location map showing the location of the site in relation to existing City roads at a scale of one (1) inch equals 800 feet.

4.) 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

5.) Date, north arrow, scale, and total acreage of site.

6.) The following signature block:

Approved by the Derby Planning & Zoning Commission

Final Approval:_______________________

Chairman

Date:____________________

Expiration Date:___________________

Conditional Approval:______________________________

Chairman

Date:____________________

Expiration Date:___________________

7) An outline of all existing and proposed deed restrictions or covenants applying to the property.

8) Existing and proposed contours of the land at intervals of two (2) feet or less, or as deemed appropriate by the Commission.

9) Location and design of all existing and proposed uses not requiring a structure.

10) Ten copies of architectural plans drawn to a scale not to exceed ¼ inch equals one (1) foot or 1/8 inch equals one (1) foot showing principal uses, floor areas, entrances, exits, technical equipment, stairwells, stairways, all proposed windows, elevations, building facade and exterior elevations.

11) 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.

12) 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 non residential 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 5 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 non-planting 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.

13) Location and design of all existing and proposed water supply, sanitary waste disposal, storm water drainage facilities, (including a drainage analysis map and supporting calculations) and other underground and above-ground utilities.

14) Location, type, height and intensity, of any existing or proposed exterior lighting including provisions for shading of such lighting.

15) Where the applicant wishes to develop in stages, a Site Plan indicating initial development and each additional development stage shall be submitted for approval.

16) 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.

17) Location of existing water courses, wetlands, 100 year flood plans, wooded areas, rock outcrops, and other significant physical features on and within 200 feet of the property.

18) In a Flood Plain District, the flood plain boundary and the base flood and floor elevation data as specified in Sec. 25-28 based on the datum specified above;

19) Location of all permanent existing and proposed monuments.

20) The location and dimensions of all proposed outdoor signs.

21) All structures on adjacent properties within 200 feet of the lot lines of the subject lot (including wells and septic systems).

22) 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.

F. ADDITIONAL MATERIAL REQUIRED:

1) 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; ten (10) copies shall be submitted.

2) 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.

3) 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 Section 25-27.

4) Storm Water 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:

a.) Peak discharges from the 2, 10, 25, 50 and 100 year frequency, 24-hour duration, type III distribution storms shall be analyzed. No increases in peak flow from these storms shall be allowed.

b.) The minimum required stormwater detention volume shall be the runoff from the drainage area for a 100-year frequency, 2-hour duration, type III distribution storm minus that volume discharge during the same duration at the approved rate as specified in (1).

c.) Maximum infiltration to the ground water 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.

d.) 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.

e.) 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.

f.) 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.

g.) 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.

h.) Runoff management systems must be visually compatible with the surrounding landscape.

i.) 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.

G. SUPPORTING REFERRALS. 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:

1. City Engineer (entire submission)

2. Inland Wetlands Commission (statement of use, site plan)

3. Conservation Commission (statement of use, site plan)

4. Fire Marshal (entire submission)

5. Chief of Police (statement of use, site plan, traffic report)

6. Water Pollution Control Authority

7. Street Commissioner

8. Board of Aldermen

H. ADDITIONAL INFORMATION. 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.

I. FEES. Fees shall be in accordance with a fee schedule adopted by the Commission, as amended.

J. DESIGN STANDARDS. 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:

b. 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.

1.) Where a lot has frontage on two (2) 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.

2.) 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.

3.) 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.

4.) Access driveways shall be of a design and have sufficient capacity to avoid queuing of entering vehicles within any streets.

5.) 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.

6.) 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 a) when such driveway connection will facilitate fire protection services, as approved by the Fire Marshal and/or b) 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.

7.) There shall be no more than one (1) driveway connection from any lot to any street, except that a) separate entrance and exit driveways may be provided where necessary to safeguard against hazards and to avoid congestion and b) 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 Sec. 25-22 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 & 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 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 5 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 fifty (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 aisle 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.