Derby City Zoning Code
ARTICLE V
Site Plan Review
§ 195-30 Applicability; review required.
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.
§ 195-31 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 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.
§ 195-32 Application procedure.
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.
§ 195-33 Standard plan 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 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.
§ 195-34 Contents of site plan.
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 | ||
Final Approval: | ||
Chairman | ||
Date: | ||
Expiration Date: | ||
Conditional Approval: | ||
Chairman | ||
Date: | ||
Expiration Date: | ||
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.
§ 195-35 Additional plans and reports required.
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.
§ 195-36 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 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
§ 195-37 Additional information may be required.
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.
§ 195-38 Fees.
Fees shall be in accordance with a fee schedule adopted by the Commission, as amended.
§ 195-39 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:
(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.
§ 195-40 Bonds.
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.
§ 195-41 Waiver of certain site plan requirements.
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.
§ 195-42 Commission action.
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.
§ 195-43 Enforcement; conditions to be noted.
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.