Lyme City Zoning Code
ARTICLE 11
Site Plans
§ 315-11.1 Purpose.
A site plan is required for certain uses in order to determine the conformity of a proposed activity with these regulations. The site plan shall be prepared with due consideration for the purpose and intent of these regulations, including protection of public health, safety, comfort and convenience, coordination with and improvement of vehicular and pedestrian access, provision of adequate drainage and utilities, appropriate lighting and landscaping, protection of natural resources, conservation of the natural terrain, provision for vegetation on the site to the maximum extent practical, and maintenance of architectural harmony with the surrounding area. Article 11 establishes procedural and informational requirements for site plans.
§ 315-11.2 Requirements for site plan.
When a site plan is required by these regulations, no zoning permit shall be issued by the Zoning Enforcement Officer (ZEO) until a site plan meeting all applicable requirements of this article has been approved by the Planning and Zoning Commission, or by its ZEO, if so delegated. Generally, the responsibility for site plan review and approval is delegated to the ZEO, unless the ZEO requests the Commission review and act on a specific application. The Commission may also direct the ZEO to forward the site plan to the Commission for its action. In addition, an applicant may request that the Commission serve as the reviewing authority for a specific application, which request the Commission may grant at its discretion. In all cases, the final decision as to who is the reviewing authority shall be made by the Commission.
A.
Unless otherwise specified in these regulations, a site plan is required for all proposed uses or changes of use, except the following:
(1)
A family dwelling unit, except as subject to special permit review under Article 14, Conservation District, or where the proposed use is within 100 feet of tidal wetlands, coastal bluffs and escarpments. Applications for family dwellings must include the information required in § 315-10.3A. In addition, a site plan may be required by the Commission or its representative (ZEO) when topography, soils, existing development, mixed uses or other factors make it infeasible to properly determine conformance with the Zoning Regulations without a site plan.
(2)
Within all districts, when an existing permitted use located within a structure is changed to another permitted use located within the same structure, provided that the ZEO determines that the new use will not result in either the alteration of the exterior of the structure or an intensification of the use of the structure. Intensification shall be defined as additional residential units, additional employment, additional clients or customers, additional floor space for sales or services, or additional required parking than existed prior to the change of use. A plot plan and statement of use are required for the change of use.
B.
Waiver of site plan requirements. In addition to uses and activities specifically exempted elsewhere in these regulations, the ZEO may waive requirements for a site plan if the ZEO determines that a proposed activity will not affect existing traffic circulation, nor result in an increase in the need for parking, nor shall there be any significant exterior change to a building or site, nor shall such new activity have an impact on surrounding properties and the neighborhood substantially different from the existing use from which the change is requested. The site plan may not be waived for coastal site plans or for special permit uses.
C.
Waiver of site plan information requirements. In order to avoid unnecessary delay and expense for an applicant whose proposed activity is minor in nature and limited in its impact on the surrounding area, the ZEO may exempt any application from specific information requirements as set forth in this article. Such exemption may be approved if the ZEO finds that such information would not aid in determining the application's compliance with these regulations.
§ 315-11.3 Optional informal discussion of site plan with Commission.
Any applicant for a use requiring site plan approval may request the placement of such a proposal on the agenda of a regular or special meeting of the Commission for the purpose of presenting preliminary plans or concepts, and for receiving preliminary comments, observations and questions, and identifying areas of concern. Neither the applicant nor the Commission shall be bound by statements made in such informal discussions, their purpose being only to minimize delay, expense and inconvenience to the applicant, the public, and the Commission upon further receipt, if any, of a formal submission of the site plan. At this informal discussion, the applicant may request a full or partial waiver of site plan requirements under § 315-11.2B and C. Following informal discussion, the Commission may suggest that the proposal or certain aspects thereof be referred to other municipal, state or federal agencies for review and comment or may suggest that additional information is or will be required prior to action on a formal application for site plan approval.
§ 315-11.4 Application for site plan approval.
A.
Formal submission of application. All applications for site plan review, including all maps, reports, legal documents, fee and other information required under § 315-11.5, shall be submitted to the ZEO or other designated agent of the Commission. An application will be considered complete when an application form, fee, maps and other materials conforming substantially to the requirements of § 315-11.5 have been received. Failure to submit a complete application may be cause for disapproval of the application.
B.
Official date of receipt. When a site plan is not waived in its entirety, the official date of receipt of the site plan application shall be the next regularly scheduled meeting of the Commission immediately following the day of submission of the complete application to the Zoning Enforcement Officer, or 35 days, whichever is sooner. At its discretion, the Commission may hold a public hearing on any site plan.
C.
Statutory requirements. Site plan applications shall be acted upon by the Commission or its delegated agent under the provisions of § 8-7d(b) of the Connecticut General Statutes. Maps and information which accompany a special permit application shall be considered part of the special permit application, and action on such plan shall be taken in accordance with Article 12 of these regulations.
D.
Inland wetland report and permit required. If any part of the site is within the jurisdiction of the Lyme Inland Wetlands and Watercourses Agency in accordance with the Inland Wetlands and Watercourses Act,[1] the report of said Commission together with any permit issued for regulated activities shall be submitted with the site plan. In accordance with state statutes, the Planning and Zoning Commission shall take no action on a site plan application until the report of the Inland Wetlands and Watercourses Agency has been received and considered.
[1]
Editor's Note: See Connecticut General Statutes § 22a-36 et seq.
E.
Referrals. The Commission may transmit copies of site plan materials to other officials and agencies for advisory reports and consultation and/or for approval as may be required by law.
§ 315-11.5 Contents of site plan application.
Unless waived by the Commission under § 315-11.2B, each application for site plan review shall include all the information required in this § 315-11.5.
A.
Statement of use. A written statement, signed by the applicant, and by the owner if different from the applicant, describing the nature and extent of the proposed use or occupancy in sufficient detail to determine compliance with the use provisions of these regulations.
B.
Maps. All maps shall be on sheets measuring 24 inches by 36 inches and shall be neatly prepared from existing plans, surveys and maps.
(1)
Location map. An accurate map at a scale of one inch equals 1,000 feet showing the subject property and all property and streets within 1,000 feet of the subject property, including all lots and lot lines, all zoning district boundaries, and all existing streets and roads. The location map may be included as an insert on the site plan map.
(2)
Site plan map. Site plans shall be prepared at a scale of not more than 50 feet to one inch and shall indicate the following information, where appropriate:
(a)
General information.
[1]
Name and address of the applicant and owner of record and all adjoining property owners as listed on the Town's tax rolls;
[2]
Date, North arrow, and numerical and graphical scale on each map;
[3]
Brief written description of the proposed use or uses;
[4]
Table or chart indicating existing zoning and the proposed number or amount and types of uses, lot area, lot width, yards, building height, coverage, floor area, parking spaces, landscaping, and open spaces as they relate to the requirements of the Zoning Regulations; and
[5]
The words "Approved by the Town of Lyme Planning and Zoning Commission/ZEO" with designated places for the title and signature of the Commission Chairman/ZEO and the date.
(b)
The property.
[1]
Boundaries of the property;
[2]
Location, width, and purpose of all existing and proposed easements and rights-of-way on the property;
[3]
Existing and proposed contours or spot grades at intervals of five feet or less, referred to a datum satisfactory to the Commission;
[4]
Location of existing wooded areas, watercourses, wetlands, rock outcrops, and other significant physical features; and
[5]
Where appropriate, mean high-water line, high tide line, wetlands boundary and flood hazard areas, and channel encroachment line.
(c)
Buildings and uses.
[1]
Location, design, and height of all existing and proposed buildings, signs, fences and walls;
[2]
Preliminary architectural elevations and floor plans for all buildings;
[3]
Location of all existing and proposed uses and facilities not requiring a building, such as tennis courts, light standards, tanks, fences, transformers, dumpsters, and the like;
[4]
Location and design of all existing and proposed uses not requiring a structure; and
(d)
Parking, loading and circulation.
[1]
Location, arrangement, and dimensions of all existing and proposed paved areas, including automobile parking spaces, aisles, vehicular drives, fire lanes, entrances and exits;
[2]
Location, arrangement and dimensions of loading and unloading areas; and
[3]
Location and dimensions of pedestrian walkways, entrances and exits.
(e)
Open space and landscaping.
[1]
Percentage, size, arrangement, uses, and dimensions of open space on the site;
[2]
Location and design of all required buffer strips and screening, including riparian buffers, interior landscaped areas, plant materials, fencing, screening devices, decorative paving, or other materials proposed; and
[3]
Location of existing trees with a trunk caliper of more than six inches, except in densely wooded areas where the foliage line shall be indicated.
(f)
Signs and lighting. Location, size, height, orientation and plans of all existing and proposed signs and outdoor lighting.
(g)
Utilities. Location and design of all existing and proposed sanitary subsurface sewage disposal systems, stormwater drainage, water supply facilities, and refuse collection areas, including provisions for recycling, as well as other underground and aboveground utilities.
C.
Additional requirements. Additional information may be required when such information is necessary in determining conformance with these regulations. The Commission, or the ZEO acting as the Commission's delegate, may require the following additional information:
(1)
An accurate Class A-2 level survey of the property and all improvements, prepared by a land surveyor registered in the State of Connecticut.
(2)
That all plans be prepared, signed and sealed by a professional engineer, architect or landscape architect, as appropriate, licensed to practice in the State of Connecticut, who is responsible for the information and design. All plans which include the design of roads, detailed drainage systems, sanitary sewer systems and water systems shall be prepared, signed and sealed by a licensed professional engineer.
(3)
Stormwater drainage system details, including location, size and elevations of all catch basins, dry wells, culverts, drainage swales, detention or retention basins and other features.
(4)
The following written reports may be requested by the Commission/ZEO where appropriate:
(a)
Sewage disposal. The site plan shall show provisions for sewage disposal. A written report prepared by a licensed professional engineer on suitability of the site for on-site sewage disposal shall be submitted to and approved by the Public Health Department prior to submission to the Commission. The report shall contain a review of results of any test pits and percolation tests dug on the site, and recommendations for design of on-site sewage disposal.
(b)
Potable water supply. The Commission may require that the applicant retain the services of a licensed water analyst who shall perform such chemical, bacteriological or other analyses or tests as may be required by the Public Health Code of the State of Connecticut. Results of all tests shall be submitted to the Public Health Department for review and written approval.
(c)
Fire protection. The applicant shall identify the source of water for fire protection and shall, where necessary, after consultation with the Fire Marshal, provide a fire well, fire pond, water tank or other source of adequate water for firefighting purposes. The design, location and construction of any water supply for firefighting purposes must be approved by the Commission. The written report shall include evidence that the comments of the Fire Marshal have been solicited and received.
(d)
Traffic generation. For all new commercial and industrial development, a report on the estimated amount and type of vehicular traffic to be generated on a daily basis and at peak hours and the estimated number of persons to occupy or visit the premises on a daily basis, including parking and loading requirements for the proposed use or uses. For site plans involving 50 or more parking spaces, a traffic impact analysis, prepared by a recognized traffic engineer, shall be submitted as part of the application.
(e)
Hazardous materials and wastes. The applicant shall identify any hazardous materials and wastes to be associated with the proposed occupancy and use of the property. For the purposes of this subsection, hazardous materials and wastes are included in Section 3001 of the Federal Resource Conservation and Recovery Act, Connecticut Hazardous Waste Regulations, the Federal Hazardous Substance Act, the Toxic Substance Control Act, and other applicable regulations. If these materials or wastes are to be present, then the applicant shall present evidence that all applicable permits and approvals from federal, state or local authorities have been or are in the process of being obtained. The applicant shall demonstrate that the hazardous materials or wastes shall be contained or managed in such a manner that the substances will not specifically pollute or degrade natural resources or the surrounding environment.
(f)
Staging plan. In cases where the applicant wishes to develop in stages, an overall site and staging plan indicating the ultimate development shall be submitted.
(g)
Protection of significant historical and archaeological sites. When a site or portion of a site has been identified by the State Archaeologist as historically or architecturally significant, the applicant shall identify on the plans the nature and location of the archaeological resource and shall indicate what measures are being taken to protect such resource.
(h)
Other information. Any other information deemed by the Commission to be necessary to determine conformity with the intent of these regulations.
D.
Other site plan requirements cited elsewhere in these regulations. In addition to the requirements of Article 11, other plans and reports may be required under these regulations, including but not limited to the following:
(3)
Erosion and sediment control plan, when the disturbed area of such development is cumulatively more than 1/2 acre, under Article 16.
(4)
Residential structures over 4,000 square feet in total area, when located in the Conservation District, under Article 14.
(5)
Any permits required from any state and/or federal agencies.
§ 315-11.6 Site plan objectives.
In reviewing a site plan application, the Commission/ZEO shall take into consideration the public health, safety and welfare of the public in general and the immediate neighborhood in particular and may approve such modifications as are necessary to assure that the site plan complies with the requirements of these regulations. In particular, the Commission shall assure that the site plan meets the following objectives:
A.
Complete application. That the application is complete and includes all materials and information required by the Commission under these regulations in order to reach the findings contained herein.
B.
Conformance with Zoning Regulations. That the application conforms to all relevant provisions of these regulations.
C.
Town Plan of Conservation and Development. That the proposed site plan is in general conformance with the intent of the Town Plan of Conservation and Development; however, the Plan of Conservation and Development shall not take precedence over the specific provisions of these Zoning Regulations.
D.
Emergency services. That all buildings, structures, uses, equipment, or material is readily accessible for fire, police and emergency medical services and is protected against hazards from fire and flood and other hazards to public safety.
E.
Traffic access. That all proposed traffic accessways to and from the property do not create traffic hazards and are adequate in width, grade, alignment, and visibility, and that the capacity of adjacent and feeder streets is adequate to accommodate peak and average traffic volume and any special traffic characteristics of the proposed use.
F.
Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent on-street congestion, and that the interior circulation system is adequately designed and marked to provide safe and convenient movement for both vehicles and pedestrians to and through the parking area and to all uses, structures, and parking spaces.
G.
Landscaping and screening. That the landscaping of the site complies with the intent and purpose of these regulations, that existing trees are preserved to the maximum extent possible, and that parking and service areas are suitably screened and buffered during all seasons of the year from the view of adjacent residential uses and public streets. Plant material used shall be appropriate to the location and in healthy growing condition and shall be properly maintained over the time of the approved use of the site. Additional landscaping may be required at the discretion of the Commission.
H.
Lighting. That glare and illumination from the installation of outdoor lighting and illuminated signs are properly shielded from the view of adjacent property and public streets. Lighting standards shall not exceed 12 feet in height.
I.
Public health. 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 and that of the Town.
J.
Natural and historical resources. That the development of the site will preserve sensitive environmental land features and natural resources, such as steep slopes, wetlands, and large rock outcroppings, and species identified as rare and endangered and species of special concern, and preserve scenic views or historically and archaeologically significant features.
K.
Neighborhood character. That the location and size and overall architectural character 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 detrimental to the appropriate and orderly development or use of any adjacent land, building or structure.
§ 315-11.7 Approval of site plan.
A decision to approve, modify or deny a site plan application shall be made within the time period specified by state statute. The reason for the Commission's decision shall be stated on its records. Notice of the decision shall be published in accordance with state statutes. Once approval has been granted by the Commission, one Mylar and four copies of the approved plan, on which all modifications approved by the Commission as part of its approval have been clearly indicated, shall be forwarded to the Commission for its endorsements.
§ 315-11.8 Surety.
The Commission may require, as a condition of site plan approval, that the applicant post surety in a form and amount satisfactory to the Commission in order to assure conformance with all proposed improvements (excluding buildings) shown on the approved site plan.
§ 315-11.9 Amendments to approved site plan.
A.
Minor amendments. Minor amendments to a previously approved site plan may be approved by the Commission or its agent, provided said amendments do not materially alter the overall character, quality, density or intensity, uses, amenities, parking or other major features of a site plan as approved. Minor changes shall include, but are not limited to, slight relocation of paved areas, utilities, landscaped areas, lighting and other site features because of unforeseen topographic or other field conditions.
B.
Major amendments. Major amendments shall be treated as new applications for site plan approval in accordance with these regulations. Major amendments shall include but are not limited to any significant alteration in the square footage or location of landscaped areas; any alteration in residential density; any increase in building floor area or height; and any other alteration which significantly affects the overall character, quality, density or intensity, uses, amenities, parking or other major features of a site plan. The Commission shall decide, on cases of question, whether a change shall be designated major or minor.
§ 315-11.10 Commencement of construction.
Construction shall commence on any site plan in accordance with the approved plan within one year of the date of the approval. Any plan not commenced shall become null and void unless an extension is granted by the Commission, and no building permit shall be issued until a new site plan is approved. Any site not completed within five years of the date of the Commission's approval shall likewise become null and void, and no certificate of occupancy shall be issued except upon the approval of a new site plan. The notice of approval of a site plan shall include a statement of the date on which such five-year period expires.
§ 315-11.11 Certificate of occupancy.
No certificate of occupancy shall be issued by the Building Official until the Commission/ZEO has determined that the site has been completed in accordance with the approved site plan and has been issued a final certificate of zoning compliance. No certificate of zoning compliance shall be issued until the Commission/ZEO has received written certification from the project architect, engineer, or land surveyor, if one has participated in the preparation of application materials, to the effect that the project has been completed in accordance with the approved plan. If amendments have been approved, as-built drawings shall be submitted as well. The Commission/ZEO shall consider written certification and as-built drawings, along with any inspections of the site. If the Commission/ZEO finds that the project is complete in accordance with the approved plan, a certificate of occupancy shall be issued. If the Commission/ZEO finds that the project is incomplete, a certificate of occupancy shall not be issued.