Mansfield City Zoning Code
ARTICLE 11
Special Permit and Site Plan Requirements
§ 190-73 Site plan requirements.
[Amended 10-6-2025, eff. 10-30-2025]
A.
Purpose.
(1)
As required in other sections of these regulations, the approval of a site plan is necessary for new construction, including expansion; site modifications; new uses and changes in use unless other requirements are specified herein.
B.
Procedure.
(1)
All potential site plan applicants are encouraged to arrange with the Director of Planning and Development a pre-application conference to discuss application requirements and procedures. Such a meeting will help identify potential problem areas and expedite the application review process.
(2)
Applications should be filed in the Mansfield Planning and Development Office at least seven days' prior to a regular meeting for analysis and placement on the agenda.
(3)
Any application that involves regulated activities within regulated areas, as defined by the Mansfield Inland Wetland Agency (IWA), shall not be received unless an application has been submitted to the IWA, or said activities have been approved by the IWA, or the proposed activities have been ruled by the IWA to be exempt from licensing requirements.
(4)
Once an application has been received, the Planning and Zoning Commission shall conduct its review and, within statutory time limitations, approve, approve subject to modification, or deny the site plan application. The Commission may refer the plan to staff members, including, but not limited to, the Health and Public Works Departments, the Commission's appointed Design Review Panel, and other local, state, or federal agencies.
(5)
As deemed appropriate, the Commission may conduct a Public Hearing on the application. No new information shall be received from the applicant or the public after the close of the public hearing.
C.
Application requirements. Unless waived in accordance with the provisions of § 190-73D, the following information shall be required for site plan applications:
(1)
A completed application form including fee payment. Said application must be signed by the owner of the subject property or by an individual with a legally binding contract to purchase the subject property.
(2)
Statement of use. A written statement describing the proposed use in sufficient detail to determine compliance with the permitted use provisions of these regulations. Said statement shall also address Mansfield Inland Wetland Agency (IWA) requirements by stating whether proposed activities are under the jurisdiction of the IWA and by relating the current status of any IWA license application.
(3)
Notification of abutting property owners. The applicant shall be responsible for notifying all property owners abutting the site of a proposed use or activity requiring a public hearing for a site plan approval, including property owners across the street from a subject site (as measured at right angles to straight street lines and radial to curved street lines). Said notification, which shall be sent by certificate of mailing, within seven days of the Commission's receipt of the application, shall include the applicant's statement of use and mapping that depicts areas of proposed activity. The notice also shall reference the fact that the complete application is available for review in the Mansfield Planning and Development Department. Notification forms available in the Mansfield Planning and Development Department shall be utilized for notifying abutting property owners.
(6)
Site plan. One* full size copy and one 11x17 along with an electronic copy of a site plan drawn to a scale of not less than one inch equals 20 feet or more than one inch equals 40 feet, appropriately signed and sealed by a professional engineer and/or land surveyor and/or landscape architect licensed in the State of Connecticut and shall include the following information, unless waived pursuant to Subsection D of this section (*additional copies may be required):
(a)
A title block showing the property owner, the applicant, the scale, and the drawing date, including all revision dates;
(b)
The original signature and seal of the professional engineer and/or land surveyor responsible for the submissions. Unless waived by the Commission, all survey data shall be to an A-2 standard. Waivers shall not be granted for applications involving new principal buildings or major additions or for applications where A-2 survey data is required to verify compliance with these regulations.
(c)
Plans shall be signed and sealed by a landscape architect licensed by the State of Connecticut whenever:
[1]
The application involves the construction of multifamily residential, commercial, industrial, or other non-residential structures exceeding a size of 5,000 square feet of gross floor area; or
[2]
The Commission determines that a landscape architect's participation in preparing the plans is necessary to address the application requirements and approval criteria of these regulations.
(d)
A location map at a scale of one inch equals 1,000 feet showing surrounding properties within 500 feet of the subject site; identifying adjacent property in the same ownership or in control of the applicant; and including roads, watercourses, zoning district boundaries and any other physical features within 3,000 feet of the subject site which relate to the proposed site development. (Dependent on the nature of the proposal, a separate map at a more detailed scale may be required.)
(e)
The property lines and square footage of the subject lot(s); appropriate yard or setback requirements, north arrow and zone classification(s).
(f)
Both sides of adjacent streets; existing utility poles and/or underground lines; stone walls, and fences
(g)
Names and addresses of all abutting property owners, including those across any street, as determined from the current Assessor's records.
(h)
Location and size of existing and proposed buildings, structures, and signs, including floor elevations of buildings. As possible, buildings on adjacent land that might be affected by the proposal should be shown.
(i)
Existing and proposed contours with intervals adequate to indicate drainage and grades, and including topographic benchmarks and the source of topographic information. Contour intervals shall not exceed five feet, and, dependent on the nature of the proposal, spot elevations and two-foot contour intervals obtained from on-site survey may be required, particularly in areas to be regraded. An estimate of the amount of fill or the amount of material to be removed shall be noted on the plan.
(j)
Regulated wetlands and watercourses, flood hazard areas, state-designated channel encroachment lines, and any adopted aquifer protection zone(s) delineated pursuant to § 22a-354c on the site or within 500 feet of the site. For more information on flood hazard areas, see Article 10 and § 190-13 (definition of flood hazard area).
(k)
Exposed ledge and areas shallow to bedrock. Depending on the nature of the proposal, an on-site soil survey by a registered soil scientist may be required.
(l)
Sanitary sewer and drinking water supply facilities, including the locations and findings of all test pits, borings, and percolation tests, and the location of public drinking water wells within 500 feet of the site.
(m)
Existing and proposed drainage ways, storm drainage facilities, roadways, bridges, sidewalks, bikeways, paths and trails, utility features, including existing and proposed underground utility lines.
(n)
Construction details, existing and proposed easements, rights to drain, and proposed sediment and erosion control measures shall be shown on the site plan.
(o)
Existing and proposed off-street parking and loading areas, fire access lanes, outside storage and refuse areas, and underground and aboveground fuel and chemical storage tanks. All required parking spaces, loading areas, fire lanes, etc. shall be clearly delineated with pavement markings or other suitable measures. All refuse areas shall be adequately sized for both refuse and materials to be recycled and shall be screened to minimize visual impact.
(p)
Existing and proposed fencing, walls, screening, buffer and landscaped areas, including the location, size and type of significant existing vegetation and unique or special landscape elements; historic features including but not limited to old foundations, dams, sluiceways, mill races, rip-rapping, wells and other utility features, walks, paths, hitching posts, and former gardens, arbors, or enclosed areas; and the location, size and type of proposed trees and/or shrubs. Invasive and potentially invasive plants, as determined by the Connecticut Invasive Plants Council in accordance with Connecticut General Statutes § 22a-381a through § 22a-381d, shall not be used. Native species should be considered.
(q)
Areas to remain as natural or undisturbed and areas to be protected through the use of conservation easements.
(r)
Existing and proposed outdoor illumination, including method and intensity of proposed lighting and manufacturer's installation charts. Comprehensive lighting plans with foot-candle details can be required as determined by the Commission. All light fixtures shall be full-cutoff lighting.
(s)
Location of existing and proposed recreational facilities, including appropriate construction details for trails, ball fields, playgrounds, swimming pools, tennis, pickleball, volleyball, or basketball courts, or other recreational improvements.
(7)
Recycling and refuse management.
(a)
The location of all recycling and refuse facilities shall be shown on the site plan. All refuse generated in connection with any land use activity shall be stored in a screened enclosure located so as not to create a visual nuisance. Refuse shall be managed to prevent odors, insects, rodents, and other pests. Chain-link fencing, with or without vinyl slats, shall not be used as screening.
(b)
Recycling facilities shall be provided in locations that are as convenient as refuse collection facilities. Recycling methods shall be the same as refuse methods (e.g., where an interior refuse chute is provided, an adjacent recycling chute shall also be provided).
(8)
Road and drainage standards. All road improvements, including private roads, driveways and parking and loading areas must be designed and constructed to promote vehicular and pedestrian safety. Appropriate separation of pedestrian and vehicular traffic and adequate sightlines for all intersections, including those within a private parking or loading areas, must be incorporated into development plans. It is recommended that applicants contact the Towns Department of Public Works to ensure compliance with Town's Road Permit Engineering Standards and Specifications (Chapter A195 of the Mansfield Code of Ordinances).
(9)
Sanitation report. The application shall submit a written sanitation report, with information on site characteristics and the proposed sanitary systems, including water supply and waste disposal. As necessary, the said report shall be prepared by the applicant's registered professional engineer or registered sanitarian.
(10)
Erosion and sediment control plans for land development.
(b)
Applicability. A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than one-half (0.5) acre.
(c)
Exemption. A single-family dwelling that is not a part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations, but must comply with the site development requirements of § 190-75, Performance standards.
(d)
The erosion and sediment control plan shall contain the following:
[1]
Proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from storm water run-off on the proposed site, based on the best available technology. Such principles, methods, and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (March 30, 2024) as amended. Alternative principles, methods, and practices may be used with prior approval of the Commission or, in the case of property in an SC-SDD zone district, by the Director of Planning and Development and the Zoning Agent.
[2]
A narrative describing the items listed below. Wherever possible, construction details, stages, and sequence of development and maintenance program details also shall be shown on related construction plans, and:
[a]
The schedule for grading and construction activities, including:
[b]
The design criteria for proposed soil erosion and sediment control measures and storm water management facilities.
[c]
The construction details for proposed soil erosion and sediment control measures and stormwater management facilities.
[d]
The installation and/or application procedures for proposed soil erosion and sediment control measures and stormwater management facilities.
[e]
The operations and maintenance program for proposed soil erosion and sediment control measures and stormwater management facilities.
[f]
Contingency plans that would be followed if unforeseen erosion and sediment problems arise. Said contingency plans should emphasize the developer's responsibility and capacity to effectively anticipate and respond to unforeseen erosion and sediment problems.
[g]
Identification of the specific individual (name and phone number) who shall be responsible for understanding the details of an approved erosion and sediment control plan and for implementing the plan as specifically approved. The plan shall provide for maintenance inspections based on the nature of the project, site characteristics, weather factors, and schedule of activities. The maintenance inspection schedule shall be approved by the Commission or, in the case of property within an SC-SDD zone district, by the Director of Planning and Development and the Zoning Agent, and daily inspections may be required.
[h]
In addition, the Commission or, in the case of property within an SC-SDD zone district, the Director of Planning and Development and the Zoning Agent, may require the submission of written monitoring reports on a bi-weekly basis or as otherwise deemed appropriate. The Commission or, in the case of property within an SC-SDD zone district, the Director of Planning and Development and the Zoning Agent shall have the right to designate the format for written monitoring reports.
[i]
A site plan map at a sufficient scale to showing the required erosion and sedimentation control measures on the overall site plan. The following information is required if not otherwise shown on the site plan application:
[i]
The proposed area alterations, including cleared, excavated, filled, or graded areas and proposed structures, utilities, roads, and, if applicable, new property lines;
[ii]
The location of and design details for all proposed soil erosion and sediment control measures and storm water management facilities;
[iii]
The sequence of grading and construction activities;
[iv]
The sequence for installation and/or application of soil erosion and sediment control measures;
[v]
The sequence for final stabilization of the development site.
[vi]
Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its designated agent.
[j]
Minimum acceptable standards for the erosion control plans.
[i]
Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the principles as outlined in these Regulations and Chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (March 30, 2024), as may be amended.
[ii]
The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (2024), as amended. The Commission or, in the case of property within an SC- SDD zone district, the Director of Planning and Development and the Zoning Agent, may grant exceptions when requested by the applicant if technically sound reasons are presented.
[k]
The Erosion and Sedimentation Control Plan shall be incorporated as part of the overall site plan approval.
[l]
Conditions relating to soil erosion and sediment control.
[i]
An erosion and sedimentation control bond is required for all developments with a disturbance of over one-half (0.5) acres.
[ii]
No site development can begin until the limits of clearing are staked in the field and verified by the Zoning Agent. Once approved, the erosion and sedimentation control measures may be installed per the approved plan and inspected by the Zoning Agent.
[iii]
Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the approved plan.
[iv]
All control measures and facilities shall be maintained in an effective condition to ensure compliance with the approved plan.
[m]
Inspection. Inspections shall be made by the Commission's designated agent during development to ensure compliance with the approved plan and that control measures and facilities are properly performed or installed, and maintained. The Commission or, in the case of property within an SC-SDD zone district, the Zoning Agent or their designee, may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the approved plan and are being operated and maintained.
(11)
Landscaping and buffering.
(a)
Applicability. Landscaping and buffering are required for all site plans and special permit applications for all land use activities to protect property values and enhance visual appeal, provide privacy and screen light, noise, and dust; prevent erosion and support stormwater infiltration, and promote pedestrian and vehicular safety.
(b)
Requirements. Landscaping and buffering plans shall:
[1]
Be scaled to the size and intensity of the proposed development;
[3]
Identify all proposed and plantings to be retained by type, size, height, and location;
[4]
Preserve mature vegetation where feasible;
[5]
Use a diverse mix of plant species and avoid monocultures;
[6]
Exclude invasive or potentially invasive species as identified by the Connecticut Invasive Plants Council (CGS §§ 22a-381a-d) and DEEP;
[7]
Screen parking, loading, and waste areas using buffers, berms, fencing, or similar elements; with consideration for environmental performance and aesthetics;
[8]
Address shadow impacts on solar access, particularly for south-facing walls and rooftops;
[9]
Use full cut-off lighting fixtures to minimize light spill and visibility from adjacent properties; All lighting fixtures shall be shielded and aimed downward unless it can be demonstrated that alternative designs will not result in spill light (undesirable light that falls outside the area of intended illumination);
[10]
Provide adequate areas for snow storage;
[11]
Include safe, textured walking surfaces and gathering spaces, with benches or low walls where appropriate;
[12]
Include protective barriers (e.g., curbs, bollards, or fences) where needed for safety;
[13]
Install all utilities underground where feasible;
[14]
All required setbacks, unless otherwise provided (e.g., parking areas), shall be attractively landscaped with lawns, trees, and shrubs, or maintained in a natural, well-kept state;
(c)
Additional landscaping and buffering. The Commission may require a landscaped buffer (up to 75 feet wide) when a site:
[1]
Abuts a more restrictive zone or an existing residential use;
[2]
Borders a historic structure or cemetery;
[3]
Is adjacent to an environmentally sensitive feature.
In determining buffer width, the Commission shall consider site conditions such as topography, flood hazards, and the proposed use. Buffers must be designed to screen views, reduce noise, and protect natural or cultural resources. Treatments may include: landscaped earthen berms; multiple rows of evergreens; selective plantings; fencing or walls; and existing vegetation.
Note: Buffer requirements do not apply to properties in the SC-SDD zone (see § 190-48).
(d)
Installation and maintenance. All required landscaping and buffering must be installed prior to the issuance of a Certificate of Zoning Compliance, unless a performance bond is provided in accordance with § 190-76. Property owners are responsible for maintaining all landscape and buffer elements in a healthy, attractive condition. Dead or deteriorated vegetation and damaged fences or buffer features must be replaced promptly. Failure to maintain landscaping and buffering is a zoning violation and will be enforced per Article 12.
(12)
Stormwater management.
(b)
Purpose. The purpose of these stormwater management regulations is to:
[1]
Promote the goals and objectives for the conservation of the town's water resources as identified in the Plan of Conservation and Development;
[2]
Preserve the predevelopment site hydrology to the extent practical in order to maintain stream base flow conditions; maintain groundwater recharge; and minimize flooding, erosion, and the effects from runoff on downstream properties;
[3]
Minimize the sources and amounts of pollution transported by stormwater runoff to wetlands, watercourses, groundwater, and other natural resources, and minimize impacts to downstream properties; and
[4]
Promote the use of low impact development (LID) practices in the planning, design, and execution of land development activities.
(c)
Applicability. A stormwater management plan (SWMP) is required for any new development or modification to an existing land use that meets the criteria set forth below:
[1]
Any development resulting in the disturbance of one or more acres of land;
[2]
Residential development of five or more dwellings;
[3]
Residential development involving the construction of a new road or common driveway serving more than two dwellings;
[4]
Any development where stormwater will have a point discharge to a wetland or watercourse;
[5]
Nonresidential development having greater than 10,000 square feet of impervious surface;
[6]
Other activities as described in the CTDEEP March 30, 2024, Connecticut Stormwater Manual (the Manual) as may be amended; or
[7]
Other developments determined by the Commission to have the potential for stormwater management issues.
(13)
SWMP requirements.
(a)
The SWMP shall be consistent with generally accepted engineering and site planning practices and shall include best management practices and Low Impact Development practices where feasible. The plan shall include a summary report describing the nature of the improvement; a SWMP improvement plan; supporting computations where appropriate; a description of the construction sequence; and a program for operation, maintenance, and monitoring. A professional engineer shall sign and seal all documents that they prepared.
(b)
The design report shall include:
[1]
Description of existing site and relevant off-site conditions that may be affected by the selection of water quality measures;
[2]
Rainfall data for the design storms as identified by the NOAA Atlas 14, as amended;
[3]
An evaluation of existing on-site and off-site hydrology, including estimates of preconstruction and post-construction development from the one-, two-, 10-, 25-, and 100-year, 24-hour storm events;
[4]
A discussion of the function of the stormwater management system during typical operation and during a possible failure of a component;
[5]
A discussion of the proposed treatment and control measures and their estimated effect on improving the quality of stormwater runoff, specifically for the removal of 80% of total suspended solids; and
[6]
A description of how the SWMP conforms to the 2024 Connecticut Stormwater Quality Manual, as amended. Where the SWMP does not conform to the Manual the applicant shall articulate the reasons for deviation.
(c)
The improvement plan shall be designed to:
[1]
Maintain the predevelopment site hydrology to the maximum extent feasible;
[2]
Reduce peak runoff from a two-year, 24-hour post-development event to 50% of the predevelopment conditions for that storm event or to the equivalent of the one-year, 24-hour storm event unless the Commission determines that such reduction is impractical;
[3]
Provide zero net increase in peak runoff from the 10-, 25-, and 100-year storm events unless the applicant demonstrates that this would be a detriment to downstream properties;
[4]
Provide treatment of stormwater runoff in accordance with the Manual;
[5]
Have conveyance systems meeting the applicable provisions of the CTDOT Drainage Manual; and
[6]
Minimize structural stormwater components and incorporate vegetative measures such as rain gardens and bioretention basins where appropriate.
(d)
When the proposed development involves modification to an existing developed area, the applicant shall demonstrate that stormwater quality treatment is being provided to the maximum extent practicable for all undisturbed impervious areas. New impervious areas and existing impervious areas that are disturbed shall meet the standards set forth in this section.
(e)
Prior to issuance of a zoning permit, the owner of any property for which a SWMP has been prepared and approved in accordance with the requirements of this section shall execute a stormwater management/BMP facilities maintenance agreement with the Town and record said agreement on the Land Records. Such agreement shall at a minimum:
[1]
Be applicable to the property owner as well as any successors and assigns.
[2]
Assign responsibility for maintenance of stormwater management/BMP facilities constructed in accordance with the SWMP to the property owner.
[3]
Require regular inspection of the stormwater management/BMP facilities to ensure the safe and proper functioning of such facilities.
[4]
Require submission of an annual inspection report that identifies inspection activities and results. If deficiencies are identified, the inspection report shall also include a schedule and plan to correct such deficiencies.
[5]
Authorize agents of the Town to enter the property and inspect stormwater management/BMP facilities whenever the Town deems necessary for compliance with the approved SWM. The Town shall provide the property owner with copies of inspection findings and if necessary, directive to commence with repairs.
[6]
Authorize the Town to correct identified deficiencies if the property owner fails to maintain the stormwater management/BMP facilities in good working condition as acceptable to the Town and charge the costs of such repairs to the property owner at a rate of 150% of the total costs incurred by the Town.
[7]
Acknowledge that the Town is not responsible to routinely repair or maintain the stormwater management/BMP facilities.
[8]
Require the property owner to perform the work necessary to keep the facilities in good working order, including following any maintenance schedule approved as part of the SWMP.
[9]
Require reimbursement of the Town within 30 days of receipt for all costs incurred by the Town pursuant to the agreement; and
[10]
Hold the Town harmless from any liability should the stormwater management/BMP facilities fail to operate properly.
(14)
Energy considerations.
(a)
Applicants shall demonstrate to the Commission that their pending proposal has considered, to the degree physically and economically possible, the utilization of the physical environment and natural energy sources, such as solar orientation, to help heat, cool or illuminate the proposed use and accordingly minimize a dependence on fossil fuels and mechanical equipment.
(b)
Potential impacts on neighboring properties shall also be evaluated. Factors to be considered including roadway, lot and building orientation, natural and human-made topographic features, soil and subsoil characteristics, existing and proposed vegetative cover, and shadow patterns on neighboring properties. Wherever feasible:
[1]
Building orientation and design should maximize south facing walls;
[2]
An east-west orientation should be considered for streets and private access roads;
[3]
Building height, bulk and landscaping improvements should minimize shadow patterns on adjacent properties; and walls and accessory structures should be located in areas that will not diminish south wall exposure.
(15)
Other information. Depending on the nature of the proposal, the Commission shall have the right to require additional detailed information if it finds the information is necessary to review the application and determine compliance with applicable regulations and performance standards. Such information may include, but shall not be limited to traffic impact analysis, including specific information on how construction traffic will be regulated, routed, and monitored; documentation of necessary drainage rights or easements; information on homeowner or property-owner associations; maintenance provisions; estimates of site improvement costs, any known blasting activities that will be needed for construction; and bonding agreements.
(16)
Conflicts. If there are any conflicts between the standards in this subsection and other standards within these regulations, the more stringent requirement shall apply.
D.
Waiver of application requirement. Dependent on the nature of the proposal, the Planning and Zoning Commission may, by majority vote, waive the submission of all or part of the information required in Subsection C (Application Requirements) when the PZC finds that the information is clearly not needed to determine compliance with the regulations. In general, these waiver provisions are most applicable to expansions of existing buildings or uses, or changes in the use of existing buildings.
E.
Approval criteria. In reviewing and approving any proposed site plan application, the Planning and Zoning Commission shall determine that the public's health, safety, and welfare are protected. The Commission shall state the reasons for its decision. Final action shall be based on the application as originally submitted unless the Commission agrees to accept revised information. The Commission must also find that the following criteria have been met:
(1)
All required or necessary information has been provided by the applicant so that compliance with applicable regulations can be determined;
(2)
The proposal complies with all applicable sections of these Zoning Regulations.
(3)
For applications involving concurrent Inland Wetland Agency (IWA) license applications, no decision shall be made until the IWA has submitted a report with its final decision;
(4)
The proposal has made safe and suitable provisions for water supply, waste disposal, flood control,
(6)
Sidewalks, bikeways, trails and/or other improvements that encourage and enhance safe pedestrian and bicycle use shall be required for all sites located within or proximate areas designated as "Smart Growth Development Areas" in the Plan of Conservation and Development; proximate to schools, playgrounds, parks and other public facilities; or proximate to existing or planned walkway, bikeways, or trails. This requirement may be waived only by a 3/4 vote of the entire Commission (seven votes). In evaluating any waiver request, the Commission shall consider the size and the location of the proposed development; its proximity to existing or planned development, schools, playground areas, and other public areas; and the location and nature of existing or planned pedestrian and, bicycle improvements.
(8)
The proposal has adequately considered construction traffic and potential on-site and off-site vehicular and pedestrian safety problems, potential neighborhood impact problems and potential road and property damage that could occur due to the nature and timing of proposed construction activity;
F.
Conditions of approval.
(1)
In accordance with the provisions of § 190-76, the posting of a financial guarantee may be required.
(2)
No zoning permit shall be issued for a use requiring site plan approval until the Chair of the Planning and Zoning Commission has signed the final plans. Final plans shall not be signed until appropriate conditions of approval have been met. Development in phases may be authorized by the Planning and Zoning Commission;
(3)
Certificates of zoning compliance.
(a)
Except as noted below, no certificate of zoning compliance shall be issued for a use requiring site plan approval until the approved site improvements have been satisfactorily completed. In cases where an approved plan was prepared by a professional land surveyor or engineer, until the professional(s) responsible for the plan have certified in writing that the approved plan has been followed.
(b)
If the public health and safety components of the project, or sections thereof, have been satisfactorily completed, the Planning and Zoning Commission, upon the applicant's request, may authorize the issuance of a certificate of zoning compliance provided that a suitable bond with written bond agreement in accordance with § 190-76 has been submitted and approved for the remaining site work.
(4)
Maintenance. All improvements shown or required on the approved site plan, including, but not limited to road and drainage facilities, water supply and waste disposal facilities, parking areas, pedestrian ways, lighting and signs, must be maintained, on a continuing basis, in good order and repair and in proper appearance. All plantings and landscaped areas shall be maintained in a healthy state and the site shall be maintained free of debris, sand, salt, litter, weeds and other unsightly or deleterious matter or vegetation.
(5)
Expiration. Except for site plan projects that qualify for longer approval periods pursuant to Section 8-3 of the Connecticut State Statutes, any person, firm or corporation having obtained approval of a site plan application under this section shall complete all work in conjunction with such site plan within five years after the approval of the plan. Unless the Commission authorizes an extension or extensions as per Section 8-3 of the Connecticut State Statutes. Failure to complete all work (all physical improvements required by the approved plan) shall result in automatic expiration of the site plan approval. The date on which such five-year period expires shall be stated in the certification of approval of such site plan.
G.
Violation of approval. Wherever the Zoning Agent and/or the Planning and Zoning Commission determines that the terms, conditions or restrictions upon which a site plan was approved have been violated, or that required site improvements have not been maintained, the Zoning Agent shall issue a violation notice to the subject property owner and any other persons, firms or corporations responsible. If the violation is not corrected within the time limits specified within the violation notice, enforcement shall be pursued through the legal remedies provided by State Statutes.
H.
Revisions/modifications. Whereas all site plan approvals are based on the submitted plans and specifications, all proposed revisions to an approved project are required to receive prior approval as per the following provisions. All revisions are subject to the requirements of the Mansfield Inland Wetland Agency (IWA) and revisions shall not be approved unless all necessary IWA licenses or license modifications have been granted. Minor changes of approved plans may, with the concurrence of the Chair of the Planning and Zoning Commission and the Zoning Agent, be made, provided such changes do not affect the overall layout, design or nature of existing or proposed buildings or site improvements. All authorized minor changes shall be reported to the Commission.
I.
Commission approval. The Commission, in the reasonable exercise of its discretion, shall have the right to approve a revision without requiring the submission of a new application. However, if the proposed revision is considered a significant alteration of the approved plans, the Commission may require the submission and processing of a new site plan application. Revisions to signs shall not require the submission and processing of a new site plan application. Failure to obtain necessary approval for revisions to approved plans shall be considered a violation and pursued in accordance with the provisions of Article 12 of these regulations. Commission approval shall be required for:
(1)
Any substantial revision of approved site and building plans, including, but not limited to, changes in entrance drive design or location, overall parking layout, traffic patterns, storm drainage or waste disposal systems;
(2)
Substantive changes in exterior building design, signs, or building materials;
(3)
Changes in the use of an approved plan prior to initial occupancy.
(4)
Interior alterations or renovations that alter or intensify a land use, such as, but not limited to, increases in finished floor area for the subject use, alterations affecting the nature of occupancy or number of possible occupants or customers, alterations affecting water supply or waste disposal needs, or alterations to uses involving hazardous materials.
§ 190-74 Special use permit requirements.
[Amended 10-6-2025, eff. 10-30-2025]
A.
Purpose.
(1)
It is recognized that there are certain uses that would only be appropriate in Town if controlled as to area, location, or relation to the neighborhood so as to promote the public health, safety, and general welfare. As provided for elsewhere in these regulations, such uses shall be treated as special use permit uses and provided procedures, standards, and conditions set forth or referenced herein are complied with, these uses may be permitted in their respective zoning districts. All such uses are considered to have special characteristics and accordingly, each application must be carefully reviewed on a case-by-case basis.
B.
Procedure.
(1)
All special use permit applicants are encouraged to arrange with the Director of Planning and Development a pre-application conference to discuss application requirements and procedures. Such a meeting will help identify potential problem areas and expedite the application review process.
(2)
Applications should be filed in the Mansfield Planning and Development Office at least seven days' prior to a regular meeting for analysis and placement on the agenda.
(3)
Any application that involves regulated activities within regulated areas, as defined by the Mansfield Inland Wetland Agency (IWA), shall not be received unless an application has been submitted to the IWA, or said activities have been approved by the IWA, or the proposed activities have been ruled by the IWA to be exempt from licensing requirements.
(4)
Once an application has been received, the Planning and Zoning Commission shall conduct its review and, within statutory time limitations, approve, approve subject to modification, or deny the special permit application. The Commission may refer the plan to local staff members, including, but not limited to, the Health and Public Works Departments, the Commission's appointed Design Review Panel, and other local, state, or federal agencies.
C.
Application requirements. Unless waived as per the provisions of § 190-74D, the following information shall be required for special use permit applications:
(1)
A completed application form, including fee payment. Said application must be signed by the owner of the subject property or by an individual or authorized designee with a legally binding contract to purchase the subject property.
(2)
Statement of use. A written statement fully describing the nature, intensity, and location of the proposed use and all other important aspects of the proposed use in sufficient detail to determine compliance with these regulations. Said statement shall also address Mansfield Inland Wetland Agency (IWA) requirements by stating whether proposed activities are under the jurisdiction of the IWA and by relating the current status of any IWA license application.
(3)
Notification of neighboring property owners. To ensure ample opportunity for neighborhood opinion to be expressed, the applicant shall be responsible for notifying in writing all property owners within 500 feet of the perimeter boundaries of the subject lot(s). Such notice, which shall be sent by certificate of mailing at least 10 days prior to the date of the scheduled public hearing, shall include the statement of use received by the Commission, the date and time of the scheduled public hearing and the fact that the subject plans are on file in the Mansfield Planning and Development Office. A copy of the applicant's notice to neighboring property owners and a listing of the property owners notified shall be filed in the Mansfield Planning Office prior to the public hearing.
(4)
Notification of neighboring municipalities. As appropriate, neighboring municipalities shall be notified as per the provisions of the State Statutes.
(5)
All site plan applications requirements found in § 190-73C(1) through (16).
D.
Approval criteria. In all special use permit applications, the burden rests with the applicant to demonstrate to the Commission that the subject proposal will not detrimentally affect the public's health, welfare, and safety and that the following approval criteria have been met:
(1)
That all approval criteria cited in § 190-73E (Site plan approval criteria) of these regulations have been met;
(3)
That the location and size of the proposed use and the nature and intensity of use in relation to the size of the lot will be in harmony with the orderly development of the Town and compatible with other existing uses;
(4)
That proper consideration has been given to the aesthetic quality of the proposal, including architectural design, landscaping, and proper use of the site's natural features. The kind, size, location, and height of structures, and the nature and extent of site work, and the nature and intensity of the use, shall not hinder or discourage the use of neighboring properties or diminish the value thereof. All applicable standards contained in § 190-77 have been incorporated into the plans.
(5)
That the proposed building(s) and uses are suitable and appropriate for the proposed location and will not create objectionable odors, vibrations, glare, or light trespass. Widely accepted practices and reasonable precautions will be taken for any flammable, hazardous, explosive, or noxious waste product, and such practices have been reviewed and deemed acceptable by the Fire Marshal, Town Engineer, or Town Sanitarian, as appropriate.
E.
Additional conditions and safeguards. In granting any special use permit, the Planning and Zoning Commission may stipulate additional conditions and safeguards that are deemed necessary to protect and promote property values, the area's environment, better overall neighborhood compatibility, and improved site development. Such conditions and safeguards may include, but shall not be limited to, the following:
(1)
Limitations of size, number of occupants, methods, or time of operation or extent of facilities.
(2)
Regulation of number, design and location of access drives or other site plan features, including pedestrian ways, turning lanes, driveway width, pavement extensions, traffic controls and storm drainage.
(3)
Requirements for periodic environmental testing and the submission of environmental monitoring reports, including, but not limited to, periodic testing of ground water or surface water, periodic water usage reports and periodic reports on the transportation, storage, use, handling, and disposal of hazardous materials.
(4)
Any data, plans or drawings, including architect's plans or drawings, voluntarily submitted by the applicant or his duly authorized agent in support of his application may be accepted in whole or in part by the Planning and Zoning Commission and said data, plans or drawings may be incorporated as additional requirements and conditions of a special use permit approval.
(5)
No zoning permits shall be issued until the applicant has filed notice of the special use permit approval on the Land Records as per statutory requirements, and in situations where a site plan has been approved, until the Chairman of the Planning and Zoning Commission has signed the final plans. Final plans shall not be signed until appropriate conditions of approval have been met. Development in phases may be authorized by the Planning and Zoning Commission.
(6)
Certificates of compliance.
(a)
Except as noted below, no certificate of zoning compliance shall be issued for a use requiring special use permit approval until approved site improvements have been satisfactorily completed and, in situations where an approved plan was prepared by a professional land surveyor or engineer, until the professional(s) responsible for the plan have certified in writing that the approved plan has been followed. Maintenance bonds may also be required by the Planning and Zoning Commission prior to the issuance of a certificate of zoning compliance.
(b)
In situations where public health and safety components of the project or a section thereof have been satisfactorily completed, the Planning and Zoning Commission may authorize the issuance of a certificate of zoning compliance provided a suitable bond with written bond agreement has been submitted and approved for the remaining site work or acceptable alternative arrangements are approved by the Commission.
(7)
Maintenance. All improvements shown or required on an approved site plan, including but not limited to road and drainage facilities, water supply and waste disposal facilities, parking areas, pedestrian ways, lighting and signs, must be maintained on a continuing basis, in good order and repair, and in proper appearance. All plantings and landscaped areas shall be maintained in a healthy state, and the site shall be maintained free of debris, sand, salt, litter, weeds, and other unsightly or deleterious matter or vegetation. As deemed necessary, the Planning and Zoning Commission may require written agreements between the Town and the applicant/owner to ensure the continued maintenance of site improvements.
(8)
Expiration. All site improvements associated with a special use permit application that was approved by the Commission shall be completed in accordance with C.G.S. § 8-3.
F.
Violations of approval. Wherever the Zoning Agent and/or the Planning and Zoning Commission determines that the terms, conditions or restrictions upon which a special use permit application was approved have been violated or that required site improvements have not been maintained, the Agent shall issue a violation notice to the subject property owner and any other persons, firms or corporations responsible. If the violation is not corrected within the time limits specified within the violation notice, enforcement shall be pursued through the legal remedies provided by State Statutes.
G.
Revisions/modifications.
(1)
Whereas all special use permit approvals are based on the submitted plans and specifications, all proposed revisions to an approved project are required to receive prior approval as per the following provisions. All revisions are subject to the requirements of the Mansfield Inland Wetland Agency (IWA), and revisions shall not be approved unless all necessary IWA licenses or license modifications have been granted. Minor changes of approved plans may, with the concurrence of the Chairman of the Planning and Zoning Commission and the Zoning Agent, be made, provided such changes do not affect the overall layout, design, or nature of existing or proposed buildings or site improvements. All authorized minor changes shall be reported to the Commission.
(2)
Commission approval shall be required for:
(a)
Any substantial revision of approved site and building plans, including, but not limited to, changes in entrance drive design or location, overall parking layout, traffic patterns, storm drainage, or waste disposal systems;
(b)
Substantive changes in exterior building design, signs, or building materials;
(c)
Changes in the use of an approved plan prior to initial occupancy;
(d)
Interior alterations or renovations that alter or intensify a land use, such as, but not limited to, increases in finished floor area for the subject use, alterations affecting the nature of occupancy or number of possible occupants or customers, alterations affecting water supply or waste disposal needs or alterations to uses involving hazardous materials.
(3)
The Commission, in the reasonable exercise of its discretion, shall have the right to approve the revision without the submission of a new application; or where the proposed revision is considered a significant alteration of the approved plans, the Commission shall have the right to require the submission and processing of a new special use permit application. Revisions to signs shall not require the submission and processing of a new special use permit application.
§ 190-75 Performance standards.
[Amended 10-6-2025, eff. 10-30-2025]
A.
Purpose. This section is intended to protect the health and property of Mansfield residents from harmful or undesirable impacts associated with the construction and operation of land use activities. It applies to all land uses, including those that do not require specific approval from the Planning and Zoning Commission. In many cases, compliance with performance standards cannot be fully evaluated during the permitting process or prior to operation. Therefore, recipients of zoning and building permits should understand that these standards are ongoing obligations. All land uses in the Town must operate in accordance with these standards. Existing uses that do not comply shall not be altered in a manner that increases the degree of noncompliance.
B.
Procedure. Notwithstanding the foregoing, the Commission may, in the reasonable exercise of its discretion, determine that an alleged violation of this subsection will be adequately addressed by another government agency with appropriate enforcement authority, or that the complaint pertains to a private nuisance that does not significantly impact the health, safety, or welfare of the Town of Mansfield. In such cases, the Commission is not obligated to receive or act upon the alleged violation or complaint.
C.
Measurement criteria. Compliance with the established performance standards shall be determined using the criteria contained in, or referenced by, each applicable regulatory section.
D.
Certification of performance standards. To determine compliance with the established performance standards, the Planning and Zoning Commission may require the property owner or developer to submit written certification from a licensed engineer, architect, or other qualified professional confirming that all applicable standards have been met. Such certifications may be required during the permit review process, prior to the issuance of a certificate of zoning compliance or occupancy permit, or after the use has commenced.
E.
Performance standards.
(1)
Odor. Except for permitted agricultural uses, no land use shall create odors that are readily and consistently discernible beyond the property boundaries. The Commission may require detailed plans from the property owner or developer to prevent odor migration across property lines.
(2)
Site development requirements. For activities not subject to a Planning and Zoning application, this section establishes requirements to reduce soil erosion and sedimentation. Earth-moving, grading, and other land-disturbing activities—including all cut and fill operations—shall comply with the following standards, as applicable to the specific site and development:
(a)
Activities shall be suited to the site's topography and soils to minimize erosion. Extensive cut and fill operations should be avoided where feasible.
(b)
Slope lengths should be minimized wherever feasible. Cut and fill slopes shall not exceed a 3:1 ratio unless stabilized and approved the Town Engineer or their designee.
(c)
Fill material must be placed and compacted so as to prevent sliding or erosion.
(d)
Temporary or permanent site stabilization measures—such as vegetation, mulching, staked straw bale, straw wattles, silt fencing, check dams, or jute netting—shall be installed promptly as needed, and in some cases prior to land disturbance.
(e)
Vegetation shall not be stripped from prospective building sites prior to issuance of a zoning permit. Only the smallest practical area shall be exposed at one time, and for the shortest feasible duration.
(f)
Natural terrain and vegetation shall be preserved wherever feasible, and significant tree stands retained. Wherever feasible, buffers of undisturbed natural vegetation of 50 feet or more shall be retained along all watercourses and wetlands.
(g)
Drainage provisions shall be designed to manage increased runoff resulting from disturbed soil and surface conditions. Runoff shall be minimized and retained on-site where possible. Drainage easements shall be obtained as needed. Required runoff computations must follow the Connecticut Guidelines for Soil Erosion and Sediment Control (2024), as amended, unless an alternative is approved by the Town Engineer or their designee.
(h)
Permanent or temporary drainage control measures—such as diversions, swales, retention basins, or sediment traps—shall be installed before grading begins and maintained until stabilization is complete. Temporary seeding of these features may be required.
(i)
Disturbed areas shall be properly graded and shaped as soon as feasible. Final grading must include removal of stumps and debris and establishment of permanent vegetative cover.
(j)
Topsoil from developed areas shall be redistributed on-site to support seeding and planting. Additional topsoil shall be imported as necessary. Topsoil shall not be permanently removed from a site without Commission approval. All applicable sand and gravel regulations, per § 190-58, shall apply.
(k)
Dust control measures shall be implemented during grading operations.
(l)
Construction and grading materials may not be stored in areas that could damage the root systems of trees noted on approved site plans to be retained or beyond the limits of disturbance.
(m)
All erosion and sediment control measures shall be regularly monitored and maintained in effective condition until full stabilization is achieved.
(3)
Stormwater management. Any development that meets one or more thresholds set forth in § 190-73C(1) through (16) requiring a zoning permit but not site plan or subdivision approval shall manage stormwater through the implementation of one or more low impact development (LID) measures. Compliance shall be determined during the zoning permit review process. Acceptable LID strategies include, but are not limited to:
(a)
Reducing hydraulic connectivity of impervious surfaces:
[1]
Disconnecting roof drains and directing flows to vegetated areas or infiltration structures (swales, trenches, or drywells);
[2]
Directing flows from paved areas such as driveways to stabilized vegetated areas;
[3]
Breaking up flow directions from large paved surfaces;
[4]
Encouraging sheet flow through vegetated areas;
[5]
Locating impervious areas so they drain to natural systems, vegetated buffers, natural resource areas, on-lot bioretention areas, or permeable soils.
(b)
Modifying/increasing runoff travel time:
[1]
Maximizing overland sheet flow;
[2]
Increasing and lengthening drainage flow paths;
[3]
Increasing ground water recharge;
[4]
Use of vegetated swales, buffers, and filter strips;
[5]
Use of bioretention/rain gardens;
[6]
Use of dry wells/leaching trenches;
[7]
Implementation of rainwater harvesting;
[8]
Implementation of vegetated roof covers (green roofs).
More detailed guidance for implementing these measures can be found in the 2024 Connecticut Stormwater Quality Manual, as amended.
§ 190-76 Bonding.
A.
General provisions.
(1)
In all matters requiring Planning and Zoning Commission or Zoning Board of Appeals approval, including special permits, special exemptions, site plans earth removal or filling projects and subdivisions or, in the case of a matter involving Director of Planning and Development and the Zoning Agent approval of a zoning permit in an SC-SDD zone district, the posting of a financial guarantee may be required to ensure the satisfactory completion of all public improvements, erosion and sedimentation control measures or any other improvement as provided for by this Section and § CGS 8-3(g)(2) as amended.
(2)
Said guarantee shall be in an amount and form approved by the Commission in accordance with CGS § 8-3(g)(2), shall ensure the satisfactory completion of all items for which the financial guarantee has been provided, and shall provide readily available funds to address any ongoing erosion or sediment control problem.
(3)
Unless modified by the Commission or the Director of Planning and Development and the Zoning Agent, any required financial guarantee shall typically be in an amount equal to 100% of the cost of the bonded improvements plus a 20% contingency, and maintenance bonds shall typically be equal to 10% of the full bond amount for the subject improvements. To help establish the amount of the required guarantee, the developer-property owner may be required to submit a detailed estimate of the cost of site improvements. For larger projects, bonding in independent sections may be allowed and formal written agreements between the Town of Mansfield and the subject developer-property owner shall be a necessary component of the bonding arrangement.
(4)
Regardless of the status of a bond, public health and safety components of the subject project shall be satisfactorily completed prior to the occupancy or use of any new structures. In situations where a financial guarantee was not required as a condition of approval, all development components shall be completed prior to the issuance of a Certificate of Zoning Compliance; or alternatively, in situations where all public health and safety components have been completed, upon request of the applicant, the Planning and Zoning Commission may authorize the issuance of a Certificate of Zoning Compliance provided a suitable bond with written bond agreement has been submitted and approved for the remaining site work or provided acceptable alternative arrangements are approved by the Commission or the Director of Planning and Development and Zoning Agent.
B.
Letters of credit. The Commission may authorize the use of Letters of Credit to address bonding requirements, provided the following terms and conditions are met:
(1)
No Letter of Credit shall be accepted in an amount less than $100,000;
(2)
At least 10% of the Commission's bond requirement shall be posted as a cash bond with agreement;
(3)
All Letters of Credit shall be from a bank licensed in the State of Connecticut that is considered a safe risk by the Commission and the Mansfield Director of Finance. In making this determination, consideration shall be given to the bank's financial record, including total assets, surplus and undivided profits, capitalization ratio, loss reserves and any other related financial information deemed appropriate. The Commission and Director of Finance also may consider rating service information and any other relevant information pertaining to the acceptability of the bank. A Letter of Credit shall not be accepted from a bank with a ratio of risk-based capital divided by risk-based assets of less than 10% (see Section 36a-333 CGS as may be amended).
(4)
All Letters of Credit shall be confirmed, irrevocable and shall be subject to sight payment. The term for the Letter of Credit shall be for at least one year beyond the completion date cited in a required bond agreement between the Developer and the Town.
(5)
All Letters of Credit shall be accompanied with a bond agreement, which includes project approval references and terms acceptable to the Commission with staff assistance. Said bond agreement shall be referenced in the Letter of Credit and shall authorize the Commission to obtain funds secured by the Letter of Credit for non-compliance with conditions of approval, approved plans and specifications or any other provision of the bond agreement;
(6)
All Letters of Credit shall specify that if the Town elects to demand payment and if an Act of God required that the bank be closed, the date of expiration and the collection terms shall be extended for a minimum of 65 days after the bank is reopened.
§ 190-77 Architectural and design standards.
A.
Statement of purpose. This section is designed to provide comprehensive standards that encourage and guide the coordinated development of specialized groups of principal buildings and intensive uses, with the exception that this section shall not apply to property located in an SC-SDD zone district. Subject to compliance with more specific provisions of these Regulations, these standards shall be utilized as design-determinants to organize a site layout and to develop the composition and character of new buildings and site improvements. The use of these standards shall promote goals and objectives contained in Mansfield's Plan of Conservation and Development and shall help protect and promote the public's health, safety and convenience. Additionally, these standards shall:
(1)
Protect and enhance the value of properties in the neighborhood of a subject site and encourage the most appropriate use of land in Mansfield;
(2)
Protect and enhance natural and man-made features and scenic views and vistas on and adjacent to a subject site;
(3)
Protect and enhance historic areas and encourage the adaptive use of historic structures and features;
(4)
Protect and enhance special features of existing neighborhoods and promote a harmonious pattern of development.
B.
Site layout standards.
(1)
Identify the following site and neighborhood features and incorporate as appropriate into project design, based on the standards of this section:
(a)
Natural features, including: water bodies, watercourses, existing vegetation, hills, ridges, hedges, rock outcropping, etc.;
(b)
Historic/Cultural Features, including: existing structures, foundations, stone walls, fences, cemeteries, historic sites, etc.
(c)
Scenic Features, including: significant views and vistas on or adjacent to the subject site.
(2)
Protect and enhance site and neighborhood features which are of environmental, historic or scenic importance (see § 190-60B for special historic village area review criteria).
(3)
Create significant and proportional spatial relationships between site and neighborhood features and the mass (the size or bulk of the building) and scale (the size relationship of the building to the site and also to the person(s) who use it) of proposed structures and site improvements. Where appropriate, separate incompatible uses with large open space or natural buffers. In large developments with multiple buildings, consider open space breaks and preserving existing vegetation to create identifiable places within the development.
(4)
Where appropriate, respect prevailing building setbacks and continue existing visual patterns (e.g., density, location of sidewalks/parking areas, etc.).
(5)
Where appropriate, site new buildings to promote energy conservation.
(6)
Vehicular and pedestrian safety and accessibility shall be addressed in a comprehensive and intermodal manner. Design site entrances and, where appropriate, building entrances, to be clearly visible and identifiable from public accessways or any other primary vantage points. Provide safe and attractive walkway/bikeways and, where appropriate, public transit amenities and interconnected development that promotes walking and cycling to, and within, the area and enhanced public transit opportunity.
(7)
Where appropriate, locate major parking areas to the rear or side of proposed buildings.
C.
Building layout and design standards.
(1)
Balance the visual relationships of building mass and size with its site and adjacent sites, especially when viewed from a distance. Where applicable, preserve and reinforce historic scale, massing and proportions between building height, length and width.
(2)
Avoid long, large, box-like structures. Break large building volumes into smaller forms to lessen the total building mass and to provide continuity with nearby patterns. Consider projections (overhangs, awnings, etc.) or recesses (e.g., windows) on all buildings and stepping back upper levels on larger buildings.
(3)
Strive for visual simplicity rather than complexity and create variety through compatibility rather than conformity. Coordinate color schemes and materials with neighboring buildings and coordinate all exterior elevations of a building (color, materials, architectural form, detailing, etc.). Establish character by creating shadow patterns using architectural elements (overhangs, trellises, projections and awnings, etc.).
(4)
Form a consistent composition between the roof mass and building facade. Where appropriate, consider rooflines of adjacent properties and adjacent building roof details (e.g., dormers, fascia's, roof pitches, etc.).
(5)
To encourage pedestrian use, build elements (e.g., protective canopies, stairs, columns, wall or roof projections and recesses, etc.) to human scale at sidewalk level and incorporate weather protection, convenience and safety features.
(6)
Conceal view of all roof-mounted equipment (HVAC, plumbing, exhaust fans, etc.), particularly from the public right-of-way, using detailing incorporated into the architectural design. Avoid false detailing (mansard roofs, partial HVAC screens, truncated roof structures, etc.).
(7)
Natural materials, or modern materials with the same visual characteristics, in their traditional applications (e.g., wood, stone, brick, glass, metal, etc.) should be used as primary building materials. The number of different materials on the exterior building elevation should be limited and attention shall be given to detail at corners, trim, openings and wherever there are abutting materials. Long term maintenance shall be an important consideration in the selection of building materials.
(8)
National franchises shall utilize building designs and building materials that reflect Mansfield's architectural traditions in their form, materials and details.
(9)
Secondary rear or side building facades that are visible from public spaces or adjacent properties shall be designed to complement the architectural treatment of primary facades.
(10)
The design of signage, lighting fixtures, accessory structures, fences, storage enclosures, bicycle racks, benches, trash baskets and other site improvements shall be coordinated with primary buildings in form, materials and details.
(11)
Buildings shall be sited and designed to promote energy conservation. Consideration should be given to solar orientation, insulation, lighting, plumbing, landscaping and other energy efficient design elements.
D.
Landscaping/lighting/site improvement standards.
(1)
Balance the quantity of on-site landscaping with the scale of the proposed development. Landscape around buildings to establish continuity within the site and incorporate interior parking lot landscaping as per the provisions of § 190-78R. Provide areas for snow placement and removal.
(2)
Where appropriate, integrate existing mature vegetation into the design. Incorporate a variety of plant species into the design and avoid monocultures. Plants identified in the current State Department of Environmental Protection Agency listing of invasive species shall not be used.
(3)
Utilize landscape buffers, berms, fencing, etc. to screen parking areas and waste storage areas from adjacent streets, walkways, bikeways, other public spaces, and, as appropriate, neighboring properties.
(4)
Coordinate lighting fixture assembly with site and building designs. Use lighting fixtures with shielding devices or cut-off refractors to eliminate or minimize light spill. Wherever possible, conceal lighting sources from the public right-of-way and neighboring properties.
(5)
Avoid relative brightness differences with adjacent land uses. Use white lamps (metal halide, fluorescent, incandescent, etc.) rather than low or high-pressure sodium sources for all new development. White light is crisp and has true color retention. Provide photometric data as requested for specific development projects.
(6)
Provide safety-textured and, where appropriate, patterned walking surfaces and plazas. Include benches and/or low walls in places where they will encourages pedestrians to gather without creating safety issues.
(7)
Provide vehicle barriers (curbs, bollards or low walls/fences) located to protect and not obstruct adjacent walks or plazas or where appropriate for other safety purposes (e.g., grade changes, traffic lanes, trees, etc.).
(8)
Install underground utilities to serve new developments and, where appropriate, relocate existing overhead services below ground.
§ 190-78 Required off-street parking and loading.
A.
Applicable to all uses. Accessory off-street parking and loading spaces, open or enclosed, shall be provided for any lot for any use specified in Subsections E and L below, for the purpose of eliminating the creation of traffic hazards. This section shall not apply to properties zoned SC-SDD. All parking and loading requirements within a Storrs Center Special Design District shall be in accordance with the requirements of § 190-48. Any land which is developed as a unit under the single ownership and control with uses specified below in these sections shall be considered a single lot for the purpose of such regulations.
B.
Area counted as parking space. A parking space may be any open or enclosed area, including any private garage, carport, driveway or other area available for parking, except that no street may be used nor may such parking space be located in a required front yard of a corner lot within 50 feet of the corner.
C.
Residential driveways. New driveways for construction of one and two-family homes on existing lots shall meet the requirements of Sections 7.9, 7.10.c through 7.10.j and 7.11 of the Mansfield Subdivision Regulations.
D.
Location of required accessory parking facilities. Required accessory parking facilities, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere within 1,000 feet of such lot. All off-site parking spaces within 1,000 feet of a subject lot shall require special permit approval of the Commission in accordance with the provisions of § 190-74.
E.
Size of space and access aisle.
(1)
All parking spaces and associated access aisles shall be sized and designed to ensure safe and convenient use. Except for required accessible parking spaces (see Subsection L below), unless a reduction is specifically authorized by the Planning and Zoning Commission, all parking spaces shall have a minimum width of 9 1/2 feet, a minimum length of 19 feet and a minimum access aisle width of 24 feet.
(2)
Depending on the nature of a subject use, site characteristics and parking lot design, and provided no traffic safety problems are anticipated and that a reduction will enhance the overall design, layout and physical impact of a proposed parking area, the Commission may, by majority vote, authorize a reduction in the minimum standards cited above. Potential reductions in parking space and aisle dimensions are most appropriate for parking areas designed for one-way travel or angled parking and for employee parking areas. (Also see Subsection I below for access drive width requirements.)
F.
Unless specific exceptions are noted in other sections of these regulations, required parking spaces shall be as follows:
Use | Required Parking Spaces | |
|---|---|---|
(1) | Residences (single and multi-family) | Two for each dwelling unit |
(2) | Home occupation | As determined by the Commission |
(3) | Buildings & open stands for display & sale of agricultural products | 1 for each 5 feet of building frontage |
(4) | Churches | 1 for every 4 seats |
(5) | School, Public & Private | 1 for each 12 seats of students |
(6) | Private recreational facilities | As determined by the Commission |
(7) | Telephone exchanges utility substations | 1 for each 2 employees or 300 square feet of floor area, whichever is greater |
(8) | Trailers, trailer coaches, & mobile homes | 2 for each dwelling unit |
(9) | Theatres (Enclosed) | 1 for each 3 seats |
(10) | Restaurants where food and drink are consumed on site & there is no specified take-out service | 1 for each 3 customer spaces (seats, stools, spaces along counters and spaces in other areas where customers may be located and/or on-site consumption may occur) |
(11) | Restaurants located on a site with 5 or more separate stores, shops, or businesses, where food, & drink are consumed on site and there is a specified take-out service | 1 for each 3 customer spaces (as defined in Subsection F(10) above) plus 5 additional spaces; or the number of spaces required for a retail & personal service use as per Subsection F(15) below, whichever number of spaces is greater |
(12) | Restaurants located on a site with 4 or fewer stores, shops or businesses, where food & drink are consumed on site & there is a specified take-out service | 1 for each 3 customer spaces (as defined in Subsection F(10) above), plus 5 additional spaces; or the number of spaces required for a retail and personal service use as per Subsection F(15) below, whichever number of spaces is greater |
(13) | Office building | 1 for each 250 square feet of floor area |
(14) | Undertaker | 1 for each 200 square feet of floor area, but not less than 1 for each 5 seats |
(15) | Retail & Personal service uses within a building and involving one or 2 retail or personal service operations per store or shop. | 5 spaces for the first 300 square feet or less of floor area and one for each additional 200 square feet of floor area. For retail and personal service uses on sites with 50,000 square feet or greater of commercial building square footage "net retail floor area" may be used to calculate required parking |
(16) | Industrial uses | 1 for each 500 square feet of floor area or 2 employees, whichever is greater |
(17) | Motel | 1 space for each unit |
(18) | Bank | As determined by the Commission |
(19) | Retail and personal service uses within a building & involving 3 or more retail or personal service operations per store or shop | As determined by the Commission |
(20) | Retail & personal service uses utilizing an outdoor area | As determined by the Commission |
(21) | Retail, personal services, restaurant and other similar uses within a building or buildings on a site that contains not less than 250,000 square feet of gross floor area in all buildings. | 4 spaces per 1,000 square feet of net retail floor area Interior pedestrian walkways between tenant spaces shall not be included as net retail floor area |
(22) | Group Dwelling | 1 space per bedroom plus 10 spaces for every 100 bedrooms |
Parking requirements for other uses and activities shall be determined by the Planning and Zoning Commission.
G.
Exceptions.
(1)
For commercial uses located within PB-2 and PB-4 zones, the number of parking spaces required shall be reduced by 20%. The Commission may also consider a further reduction based upon the proposed commercial use and the nature of existing and anticipated pedestrian traffic due to the proximity of the University. This exception shall not affect those uses with parking requirements "to be determined by the Commission" as per Subsection F above.
(2)
For commercial uses located within Planned Business zones containing a building greater than 250,000 square feet of gross floor area with a theatre component of at least 1,000 seats, the number of parking spaces required per Subsection F above may be reduced by 20%, provided such reduction is supported by a specific shared parking analysis for the subject site and uses.
(3)
For multi-family dwellings and group dwellings, the parking requirements may be reduced pursuant to Table 1 below provided parking is provided for an additional fee separate from base rent and Special Permit approval is obtained. The maximum reduction allowed shall be 75% for the PB-4 and I zone and 25% for all other zones. Should the development at any time cease to comply with the eligibility criteria, the owner shall be responsible for increasing the number of available parking spaces to comply with the requirements of Subsection F.
Table 1: Parking Reductions for Multi-Family and Group Dwelling Uses | ||
Credit Type | Reduction | Maximum Reduction Allowed |
BICYCLE PARKING Available to properties located within 1/2 mile of a designated bicycle route. | 1 space for every long-term bicycle parking space (sheltered bicycle locker or bicycle rack within enclosed storage area) | 5% of required parking |
PUBLIC TRANSIT Available to properties served by WRTD or the UConn Shuttle. Properties must be connected to bus stop by a public sidewalk. Distance to the bus stop shall be measured along the public sidewalk from the point at which the on-site pedestrian walkway connects to the sidewalk. | Bus stop located either on-site or directly in front of property: 15% of required parking Within 750 feet of bus stop: 10% of required parking Within 2,500 feet of bus stop: 5% of required parking | Per Distance Requirement |
PRIVATE TRANSIT Vehicular parking requirements for residential uses that do not meet the locational requirements for public transit credits may be reduced where the owner commits to provide regular daily shuttle service to areas of employment and activity such as UConn, Downtown Storrs, 4 Corners, the Route 6/Route 195 area, Eastern Connecticut State University (ECSU) and Willimantic. Credits shall be awarded based on frequency and timing of service and number of employment/activity centers served. Any applicant proposing use of the private transit credit shall provide a proposed operating schedule for approval by the PZC. | Hourly Service: 15% Half-Hour Service: 20% Stops: Additional 2% for each stop along route at a major employment/activity center | 50% PB-4 and I zones 25% all other zones |
CAR-SHARE PARKING Vehicular parking requirements may be reduced by designating parking spaces as car-share parking spaces. Applicant must provide documentation of an agreement with a car-share company providing services to building tenants or location of a publicly accessible car-sharing facility within specified distances | On-Site Car Sharing: 2% credit for each designated car-sharing space up to 20% Publicly accessible car-sharing facility within 1/4 mile and connected by sidewalk: 1% credit for every designated car-sharing space up to 10% | 20% |
AFFORDABLE/WORKFORCE HOUSING Credits are available for low-income and affordable housing units provided on site provided the property is located within 1/4 mile of a transit stop and is connected to the transit stop by off-street walkways: | Low Income Housing Units: 25% reduction Affordable Housing Units: 10% reduction | Per Number of Income-Restricted Units |
H.
Electric vehicle charging stations (EVCS). In all Zoning Districts, Level 2 EVCS-capable spaces as defined by Connecticut General Statute, meeting or exceeding 10% of all new parking spaces are required as part of any new construction, expansion to an existing parking area or significant change of use which will result in the addition of 30 or more parking spaces.
I.
Safe and convenient access to and from a street shall be provided subject to approval of local and/or State Highway Department. Unless a reduced access drive width is specifically authorized by the Planning and Zoning Commission, such access shall consist of at least two twelve-foot lanes for all parking areas. Depending on the nature and location of a proposed land use, the Planning and Zoning Commission may by majority vote authorize reduced access driveway widths provided no traffic safety problems are anticipated and provided the reduced width will enhance the overall design, layout and physical impact of the proposed land use. Reduced access driveway widths are most appropriate for non-commercial uses with low traffic volumes, for sites in residential zones and for sites accessed by existing roadways less than 24 feet in width. In situations where the Planning and Zoning Commission authorizes a reduced access driveway width, the Commission shall reserve the right to require, as a specific condition of special permit on-site plan approval, the subject driveway(s) to be widened. Any such condition shall include a review process and criteria designed to address potential traffic safety problems.
J.
Drainage and surfacing. All open parking spaces shall be properly drained and all such areas shall be provided with a dustless surface.
K.
Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designated to serve jointly two or more establishments whether or not located on the same lot, provided that the number of minimum required spaces in such joint facilities shall not be less than the total required for each such establishment.
L.
Accessible parking spaces. All proposed commercial, industrial, governmental and multi-family residential land uses shall provide accessible parking spaces for persons with disabilities. At minimum, said spaces shall conform with Section 14-253a(h) of the State Statutes and the State Building Code in number, location and design. However, additional handicap spaces may, depending on the number of entrances and the nature of the population served, be required by the Commission.
M.
Fire lanes and emergency access. All parking areas shall conform to applicable requirements of the Mansfield Fire Marshal regarding adequate fire lanes and emergency vehicle access. Where a property is located in more than one zoning district, the Commission may through Special Permit authorize installation of a gated and locked emergency access through the district abutting the public right-of-way. In evaluating a Special Permit request for emergency access, the Commission shall consider the recommendations of the Fire Marshal as well as impacts to abutting properties.
N.
Size, location and access of loading berths. Each required loading berth shall be at least 12 feet wide, 50 feet long and 15 feet high, and may be located within a building or in open space, but not within required off-street parking spaces or accessory drives thereto. Unobstructed access at least 12 feet wide to and from a street shall be permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in 11 below. No accessory off-street loading berth, whether open or enclosed, shall be located within a required front yard.
O.
Off-street loading berths shall be required as follows:
Use | Off-Street Loading Berths |
|---|---|
Public facilities & public schools | One berth for each 10,000 square feet and an additional berth for each additional 25,000 square feet or fraction thereof |
Buildings with offices, retail and service establishments, and manufacturing | 1 berth for 8,000-25,000 square feet & 1 additional berth for each additional 25,000 square feet or fraction thereof |
Undertakers | 1 berth for each chapel, minimum size 10' x 20' |
P.
Joint facilities. Required open or enclosed loading berths may be designated to serve jointly two or more adjacent establishments, provided the number of such joint berths shall not be less than the total number of berths required for all of the establishments served by such joint facility.
Q.
Access near street corners. No entrance or exit for any accessory off-street parking area with over 10 parking spaces or any loading berth shall be located within 50 feet of the intersection of any two street lines.
R.
Lighting. All parking and loading areas shall be adequately illuminated in order to prevent vehicular and pedestrian safety problems. All lighting fixtures shall be arranged (and, where appropriate, shielded) to prevent glare and to direct light away from any neighboring residential properties [also see § 190-75D(7)].
S.
Snow removal. All parking and loading areas shall be designed, constructed and maintained to address snowplowing and snow removal needs for the site. All loading areas and the minimum number of parking spaces required by these regulations and any Commission approval requirements shall be available for year-round use.
T.
Interior parking lot landscaping.
(1)
In addition to the buffering and other landscaping requirements provided for in § 190-75D(17), any new parking area (including those portions of existing parking areas that would be substantially altered in association with a proposed expansion or intensification of use on the property) which contains spaces for 10 or more cars shall include landscape areas within vehicle use areas. Said interior lot landscaping shall be equal to at least 10% of vehicle use areas which shall include portions of the site bound by parking, loading and driveway areas. For example, where a vehicle use area abuts a building, landscaping adjacent to the building is not considered part of the required interior lot landscaping. Similarly, perimeter buffer landscape areas are not part of the required interior lot landscaping.
(2)
The following additional criteria shall be met:
(a)
Interior lot landscaping shall be designed to reduce vehicular speeds and enhance parking lot safety, to help separate pedestrian and vehicular movements, to improve environmental quality and site aesthetics and to eliminate large expanses of impervious surface. Where possible, larger parking areas should be separated by center island medians and, in general, no parking space should be located more than 100 feet from an interior landscape area.
(b)
Interior landscape areas shall contain a mix of trees, shrubs, ground covers and other plantings. At a minimum, one deciduous shade tree at least two inches in caliper, shall be planted for each 10 parking spaces. Trees and shrubs placed within five feet of paved areas shall be of a variety capable of withstanding salt damage. Plants identified in the current State Department of Environmental Protection Agency listing of invasive species shall not be used.
(c)
Interior landscape areas shall be designed with adequate width to meet design objectives, to provide adequate areas for healthy plant growth and to help address snow removal requirements. A minimum island width of 12 feet shall be provided. Where pedestrian ways are located within a landscape area, wider widths are necessary.
(d)
Interior landscape areas shall be protected by curbs, landscape timbers or other means acceptable to the Commission. Landscape areas shall be mulched with woodchips, shredded bark or other materials acceptable to the Commission.
(e)
To prevent sightline problems, at all locations where vehicular or pedestrian traffic intersects (especially at driveway and street intersections), landscape plantings shall not exceed a mature height of two feet.
(f)
All required landscaping shall be installed in accordance with approved plans. Plantings and other improvements shall be maintained in a healthy and/or attractive state and replaced when necessary. See § 190-75D(17)(c). The Commission shall retain the right to modify the landscaping requirements of this subsection where specialized site conditions exist (such as existing trees or structures, unusual lot configuration, topographic or wetland/watercourse constraints, etc.), which would make strict compliance with these standards unreasonable. Whenever the Commission modifies interior lot landscaping requirements under this provision, reasons for the modification shall be cited.
U.
Deferred construction. In a Planned Business Zone, an applicant may defer construction of not more than 10% of the required parking spaces provided it indicates on its site plan the location where such parking shall be constructed should actual use indicate a need for such parking spaces and provided further that it provides a parking study as part of its application to demonstrate that the deferral of construction of such spaces will not adversely impact the operation of the development. If, at any time, the zoning enforcement officer determines that the deferred parking spaces (or a portion thereof) are required for the operation of the property in a safe manner, the owner shall construct such deferred parking spaces within a reasonable period of time of receipt of written notice from the zoning enforcement officer and, in any case, not less than 180 days from receipt of such notice.