The City, being confronted with increasing urbanization and acknowledging that the technology of land development and the demand for housing are undergoing substantial and rapid changes, and recognizing the applicability of the objectives set forth in this section, intends to encourage:

Therefore, the planned residential development section is adopted pursuant to Chapter 124 of the Connecticut State Statutes.

Planned residential development, including clustering of detached dwelling units, may receive favorable consideration where the following conditions are present and the following objectives are achieved:

If any of the conditions noted in § 213-34C(1) are not present when a developer submits an application for preliminary approval, the Planning Commission may decide not to give further consideration to the application unless the developer presents adequate evidence of his ability and willingness to correct any condition not meeting these objectives or the official action of a municipal or state agency which will satisfy the condition within a time period acceptable to the Planning Commission. Planned residential development is not to be used as a device by developers to create apartment development in areas not presently zoned for apartments. Unless all provisions of § 213-34C(1) and other provisions of this chapter have been adhered to, the Planning Commission shall not approve any application for planned residential development.

This statement of objectives shall not be subject to variance or exception by any City agency.

Dwelling units in detached, semidetached, attached or multistoried structures, or any combination thereof.

Nonresidential uses of a religious, cultural, recreational and commercial character to the extent they are designed and intended to serve the residents of the planned residential development.

A plan must be consistent with:

A plan shall be consistent with the following general standards for use of land and the use, type, bulk, design and location of buildings, the density or intensity of uses, common open space, public facilities and development by geographic division of the area:

Before exercising the powers of this section, the Planning Commission shall make such written regulations regarding procedure and form of applications as it may determine, provided that they are not inconsistent with this chapter.

The application for tentative approval shall be executed by or on behalf of the owner and filed in duplicate with the Planning Commission. A filing fee in accordance with the City of Meriden Fee Schedule[1] shall be submitted to the Planning Commission. Said filing fee shall be in addition to the cost of any public hearing and advertising and publication costs.

The application for tentative approval shall include such items as the Planning Commission, by its regulations, shall specify in order to disclose:

Said application shall also be accompanied by a written statement by the owner setting forth the reasons why, in his/her opinion, the planned residential development would be in the public interest and would be consistent with the standards and criteria of this chapter and with the regulations published by the Planning Commission.

Informal consultations between the owner and the Planning Department prior to the filing of an application for tentative approval are to be encouraged; provided, however, that no statement or representation by a member of the Department shall be binding upon the Planning Commission.

Within 65 days after filing an application for tentative approval of a planned residential development, the Planning Commission shall hold a public hearing on said application. Notice of said hearing shall be given in the manner required by § 213-79A and B.

A transcript of the hearing shall be caused to be made by the Planning Commission, copies of which shall be made available at cost to any party to the proceedings, and all exhibits accepted in evidence shall be identified and duly preserved. The original transcript shall be paid for by the applicant.

Prior to acting on the application, the Planning Commission shall solicit advice and comment from the City Engineer, Board of Education, Fire and Police Departments or any other public agency which has programs or activities which might be affected by the development of a planned residential development.

The Planning Commission shall, by resolution, within 65 days following the conclusion of the public hearing, either:

Failure of the Planning Commission to act within said period shall be deemed to be a grant of tentative approval of the plan as submitted.

The resolution granting or denying tentative approval shall include conclusions and findings of fact on all the following:

If a protest against a proposed planned residential development is filed within 15 days following tentative approval by the Planning Commission, signed by the owners of 20% or more of the area of the lots within 500 feet in all directions of the property proposed for the planned residential development, the planned residential development shall be referred to the City Council for tentative approval.

Action by City Council.

If tentative approval is granted by the Planning Commission and, where there is a protest by property owners, by the City Council, such approval shall be noted on the Zoning Map maintained in the office of the Planning Commission.

Tentative approval of a plan shall not qualify a plan for recording in the land records.

A plan which has been given tentative approval shall not be modified or revoked nor otherwise impaired by action of any City agency or ordinance pending an application for final approval, except by failure of the owner to file an application for final approval within the specified time.

If tentative approval is granted, subject to conditions, the owner shall, not later than 65 days after receiving a copy of such resolution, notify the Planning Commission of his acceptance or refusal to accept all such conditions. If the owner refuses to accept all such conditions, the application shall be deemed to have been denied. If the owner does not notify the Planning Commission of his acceptance or refusal of all such conditions within said period, tentative approval shall stand as granted.

An application for final approval may be filed for all the land included in a plan or for a section thereof after approval of a tentative plan by the Planning Commission. Said application shall be filed with the Planning Commission at least 15 days prior to a regular Planning Commission meeting and within one year of tentative plan approval. Failure to submit the plan within this time shall void previous approval unless an extension of up to one year is granted by the Planning Commission. The application shall be filed with such drawings, specifications, documents, information, covenants and easements as the Planning Commission shall have specified at the time of tentative approval. No such application shall be filed for any plan which has not received tentative approval from the Planning Commission or the City Council, sitting as the Zoning Commission, as may be appropriate. No application shall be filed for any property for which the same or a similar application for final approval has been denied by the Planning Commission. Any application filed in contravention of this section shall be deemed to be denied, within the meaning of §§ 8-3 and 8-7d of the Connecticut General Statues, and returned to the applicant. The Commission may require the fulfillment of special conditions and the posting of a performance bond to assure completion of each section of the development as approved. The applicant shall file all required documents and submit a filing fee per dwelling unit as indicated in the Land Use Fee Schedule.

Each section shall contain a proportionate amount of the required open space and other public facilities, except that the Planning Commission may accept a performance bond in lieu of such facilities for the first section. In accordance with the schedule proposed in the application for tentative approval, the owner may elect to have final approval of a geographic section or sections of the land included in the plan and may delay application for the final approval of other sections.

A public hearing shall not be required for a final plan submitted for final approval which is in substantial compliance with the plan given tentative approval. Minor changes in the locating, siting, height and design of buildings or structures may be authorized by the Planning Commission.

The Planning Commission may require evidence of financial ability to assure adequate project financing.

(Reserved)[3]

The burden shall be upon the owner to show the Planning Commission good cause for any variation between the plan given tentative approval and the final plan.

Final approval.

Plans not in substantial compliance.

Any such public hearing shall be held within 30 days after the request is received by the Planning Commission. Notice of such hearing and conduct of the hearing shall be in accord with Subsection H.

Within 65 days after the conclusion of such hearing, the Planning Commission shall by resolution either grant or deny final approval of the plan.

A certified copy of the approved final plan shall be filed in the land records and the office of the City Clerk. Approval of the final plan shall constitute certification that the soil erosion and sediment control plan complies with the applicable requirements of this chapter.

Upon the filing and recording of the approved final plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto.

If the owner fails to commence construction of the planned residential development within one year after notification of final approval by the Planning Commission, said approval shall be null and void, and no further development shall take place on the property, except as otherwise authorized in this chapter.

The Planning Commission shall review at least once every six months all building permits issued for the planned residential development and make a comparison of the overall development and its activity towards completion in relation to the approved plan and scheduling of the planned residential development.

The Planning Commission or its designated agency shall make periodic inspections of the development activities to assure that temporary sediment and erosion control measures are adequate and maintained until site stabilization is complete and that permanent measures are properly installed.

If the Planning Commission shall find substantial variations of any terms, conditions or restrictions upon which approval of the final plan was granted, the Planning Commission may rescind and revoke such approval upon written notice to the owner.

Penalties for violation of provisions of this section shall be enforceable under § 213-71 of this chapter.

Application of creative design techniques to foster attractive, functionally efficient and well-planned developments which will be aesthetically integrated with adjacent areas so that there will be minimal adverse impact on the adjacent properties and streets.

Sufficient capacity in sanitary sewer, water supply and other utility systems will be available over the life of the development.

All water resources and natural land features shall be protected to the fullest extent possible.

Appropriate screening and landscaping is provided.

Soil erosion and sedimentation that occur as a result of the development are minimized during construction and completely stabilized after development is complete.

Executive offices, including facilities to house data processing equipment. "Executive offices" are defined as establishments engaged in management and general administrative functions, such as executive, personnel, finance and sales activities, performed centrally for other establishments of the same company, which services shall not be offered to the general public. Further, such offices shall be suites of at least 5,000 square feet. Such a "suite" shall be defined as a room or group of rooms functioning as a unit which are in the same leasehold or ownership for conducting the administrative affairs of one business or corporate entity.

State and federal governmental administrative offices (other than offices which provide a significant amount of in-person service to the general public, e.g., department of motor vehicles, courthouse) engaged in the executive, legislative and/or judicial functions.

High-tech research and development facilities. For purposes of this subsection and all other provisions of § 213-35, the term "high-tech" shall mean the use of sophisticated, state-of-the-art or highly specialized computer/electronic equipment as an integral part of the research/development conducted or the service provided. No such research and development facility shall conduct activities which are conducted at a northeastern manufacturing plant, or which involve abnormally high risk of bodily injury or disease to employees or others situated in or around the facility, or which create or discharge environmental pollutants or hazardous waste.

High-tech medical research, development and testing laboratories which offer no patient care or which offer patient care that is only incidental to their research purposes and not significant in amount. No such medical research, development or testing laboratory shall conduct activities which involve abnormally high risk of bodily injury or disease to employees or others situated in or around the laboratory, or which create or discharge environmental, pollutants or hazardous waste.

High-tech businesses that provide services through the use of sophisticated, state-of-the-art equipment; provided, however, that such businesses do not provide a significant amount of in-person services to the general public. Examples of such businesses might include telecommunications, regional banking and/or credit card processing centers, and computer graphics. These uses shall not include direct sales; provided, however, sales performed centrally for other establishments of the same business entity are permitted. No such high-tech business shall conduct activities which involve abnormally high risk of bodily injury or disease to employees or others situated in or around the facility, or which create or discharge environmental pollutants or hazardous waste.

Among other uses, the following uses are expressly prohibited uses: retail in-person sales, warehousing, distribution, conventional manufacturing and outside storage. In addition, the Planning Commission shall review each proposal (and subsequent use) as to hours of operation and the impact thereof on adjacent properties.

A facility or a college or university accredited by the State of Connecticut, provided that the gross leasable area of such facility shall not be greater than 25% of the total gross leasable area within the PEOD district where the facility is located.

Accessory uses may be permitted, provided that they are incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use, and provided that they are in accordance with all PEOD district standards and criteria.

Accessory uses within the PEOD district shall be limited to those uses that are for the convenience of employees, e.g., coffee shop, newspaper, candy stand, or child day-care centers for offspring of employees, and limited to use by occupants and employees of the permitted use or to uses that are necessary to maintain and support the permitted uses. Accessory uses shall not be operated as commercial facilities nor provide services to the general public.

Storage of the high-tech equipment and parts for permitted uses conducted on site.

Any accessory use not approved by the Planning Commission, upon initial approval of a PEOD district, must be approved by the Planning Commission as an amendment to the approval at a regularly scheduled meeting. Such amendment shall only be obtained in accordance with the procedures stated in Subsections H through O of this section.

A plan shall be consistent with the following standards for use of land; the use, type, bulk, design and locations of buildings; the density or intensity of uses; and development by geographic divisions of the area:

Utilities shall be designed so that in all cases in a PEOD district underground installation of utilities, including electricity and telephone in both public streets and under private property, is accomplished.

Before exercising the powers of this section, the Planning Commission shall make such written regulations regarding procedure and form of applications as it may determine, provided that they are not inconsistent with this section.

The application for tentative approval shall be for the entire area of the proposed PEOD district and shall be executed by or on behalf of the owner and filed in duplicate with the Planning Commission. A filing fee in accordance with the City of Meriden Fee Schedule[1] shall be submitted to the Planning Commission. Said filing fee shall be in addition to the cost of any public hearing and advertising and publication costs.

The application for tentative approval shall include such items as the Planning Commission, by its regulations, shall specify in order to disclose:

Said application shall also be accompanied by a written statement by the owner setting forth the reasons why, in his/her opinion, the PEOD district designation would be in the public interest and would be consistent with the standards and criteria of this section and with the standards and criteria of this section and with the regulations published by the Planning Commission.

Informal consultations between the owner and the Planning Department prior to the filing of an application for tentative approval are to be encouraged; provided, however, that no statement or representation by a member of the Department shall be binding upon the Planning Commission.

Said application shall include a list of abutting property owners within 500 feet of the perimeter of the proposed planned executive office development. All abutters will be notified of the public hearing and their right of appeal to the City Council per Subsection J(5).

If any of the standards and criteria are not met at the time that the developer submits an application for tentative approval, the Planning Commission shall not give further consideration to the application unless:

Within 65 days after filing of an application for tentative approval of a planned executive office development, the Planning Commission shall hold a public hearing, and public notice shall be published at least twice at intervals of not less than two days, the first notice being not less than 10 days nor more than 15 days and the last notice being not less than two days before such hearing. A copy of the application shall be filed in the office of the City Clerk at least 10 days prior to the scheduled hearing date. All maps, reports and other documents required to be submitted with the application shall be on file in the office of the City Planning Commission and open to public inspection at least 10 days prior to the scheduled hearing date.

A transcript of the hearing shall be made by the Planning Commission, copies of which shall be made available at cost to any party to the proceedings, and all exhibits accepted in evidence shall be identified and duly preserved. The original transcript shall be paid for by the applicant.

Prior to acting on the application, the Planning Commission shall solicit advice and comment from the City Engineer, Board of Education, Fire and Police Departments and any other public agency which has programs or activities which might be affected by the development of a planned executive office development.

The Planning Commission shall, by resolution, within 65 days following the conclusion of the public hearing, either:

Failure of the Planning Commission to act within said period shall be deemed to be a grant of tentative approval of the plan as submitted.

The resolution granting or denying tentative approval shall include conclusions and findings of fact on the following:

If a protest against a proposed PEOD district is filed with the Council within 15 days following tentative approval by the Planning Commission, signed by the owners of 20% or more of the area of the lots within 500 feet in all directions of the perimeter of the property proposed for the PEOD district, the application and the Planning Commission's tentative approval shall be referred to the City Council for tentative approval.

Action by City Council.

If tentative approval is granted by the Planning Commission and if there is not a protest by property owners to the City Council, in accordance with Subsection J(5) hereof, such approval shall be noted on the Zoning Map maintained in the office of the Planning Commission.

Tentative approval of a plan shall not qualify a plan for recording in the land records.

A plan which has been given tentative approval shall not be modified or revoked nor otherwise impaired by action of any City agency or ordinance pending an application for final approval, except by failure of the owner to file an application for final approval within the specified time.

If tentative approval is granted subject to conditions, the owner shall, not later than 65 days after receiving a copy of such resolution, notify the Planning Commission of his acceptance or refusal to accept all such conditions. If the owner refuses to accept all such conditions, the application shall be deemed to have been denied. If the owner does not notify the Planning Commission of his acceptance or refusal of all such conditions within said period, tentative approval shall stand as granted.

An application for final approval may be filed for all the land included in a plan or for a section thereof after tentative approval of a plan by the Planning Commission. Said application shall be filed with the Planning Commission at least 15 days prior to a regular Planning Commission meeting and within one year of tentative plan approval. Failure to submit the plan within this time shall void previous approval unless an extension of up to one year is granted by the Planning Commission. The application shall include such drawings, specifications, covenants and easements as may be required by the Planning Commission.

In accordance with the schedule proposed in the application for tentative approval, the owner may request to have final approval of a geographic section or sections of the land included in the plan and may request a delay in the application for the final approval of other sections. The Planning Commission may grant such a request for a delay, subject to specified conditions not in the submitted plan.

A public hearing shall not be required for a plan submitted for final approval which is in substantial compliance with the plan given tentative approval.

The Planning Commission shall require evidence of financial ability to assure adequate project financing.

The applicant shall file all required documents and a filing fee of $50.

The burden shall be upon the owner to show the Planning Commission good cause for any variation between the plan given tentative approval and the final plan.

If a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, the Planning Commission shall, within 65 days of such filing, grant final approval of the plan as submitted; provided, however, that if the plan as submitted contains variations from the plan given tentative approval but remains in substantial compliance with the plan as submitted for tentative approval, the Planning Commission may approve or refuse to grant final approval and shall, within 35 days from the filing of the application for final approval, so advise the owner in writing of said refusal, setting forth in said notice of refusal the reasons why such variations are not in the public interest.

If the plan submitted for final approval is not in substantial compliance with the plan given tentative approval, the Planning Commission shall, within 65 days of the date of the filing of the application for final approval, so notify the owner in writing, setting forth the ways in which the plan is not in substantial compliance.

Any such public hearing shall be held within 35 days after the request is received by the Planning Commission. Notice of such hearing and conduct of the hearing shall be in accord with Subsection H of this section.

Within 65 days after the conclusion of such hearing, the Planning Commission shall, by resolution, either grant or deny final approval of the plan.

The Commission may require the fulfillment of special conditions and the posting of a performance bond to assure completion of each section of the development as approved.

This subsection shall only apply if final approval is granted after a hearing required under Subsection M(2)(a)[3] and a protest against a proposed PEOD district is filed with the Council within 15 days following final approval by the Planning Commission, signed by the owners of 20% or more of the area of the lots within 500 feet in all directions of the perimeter of the property proposed for the PEOD district.

The City Council, upon receipt of the petition and the Planning Commission's final approval, shall consider final approval at its next regularly scheduled meeting. The Council shall consider the proposal in light of the purpose of this section of the chapter, the effects of development on the surrounding neighborhood and the total City. Within 65 days of the meeting at which the City Council receives the proposal, it shall either:

Failure of the City Council to act within said period shall be deemed to be a grant of final approval as submitted.

The City Council shall then transmit its decision to the owner and the Planning Commission within 15 days of its action.

A certified copy of the approved final plan shall be filed in the land records and the office of the City Clerk. Approval of the final plan shall constitute certification that the soil erosion and sediment control plan complies with the applicable requirements of this chapter.

Upon the filing and recording of the approved final plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto.

If the owner fails to commence construction of the planned executive office development within one year after notification of final approval by the Planning Commission, said approval shall be null and void, and no further development shall take place on the property, except as otherwise authorized in this section.

The Planning Commission shall review, at least once every six months, all building permits issued for the planned executive office development and make a comparison of the overall development and its activity towards completion in relation to the approved plan and scheduling of the planned executive office development.

The Planning Commission or its designated agent shall make periodic inspections of the development activities to assure that temporary sediment and erosion control measures are adequate and maintained until site stabilization is complete and that permanent measures are properly installed.

If the Planning Commission shall find substantial variations of any terms, conditions or restrictions upon which approval of the final plan was granted, the Planning Commission may rescind and revoke such approval upon written notice to the owner, at which time a new application per Subsection H would be required.

Penalties for violation of provisions of this section shall be enforceable under § 213-71 of this chapter.

No improvements shall be constructed and no use shall be conducted in a PEOD district at any time (whether before or after final completion of the total development of the district) unless:

Approval prerequisites. Prior to receiving a building permit for any PEOD district proposal, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvement and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development. All payments shall be in the manner provided herein, it being the intent of this section that the developer bear that portion of the cost which is related to improvements that benefit the development as determined by the Planning Commission.

Determination of nature of improvement.

Provision of adequate facilities for sanitary sewerage, water supply, stormwater drainage and other utilities for the life of each development.

Application of creative design techniques to foster attractive, functionally efficient and well-planned developments which will be aesthetically integrated with adjacent areas.

Provision of appropriate landscaping, screening and buffers.

Provision of all appropriate off-site roadway and utility improvements necessitated by each development.

Permitted uses. No building or premises may be used, in whole or in part, for any purpose except those listed below.

Accessory uses.

There shall be no outside storage of materials.

The location of the portion of the building devoted to the processing use shall be set back 180 feet from the perimeter of the RDD zone where it abuts a residential zone or use.

Minimum lot area shall be eight acres.

There shall be a minimum building setback of 60 feet for all yards. For the front yard and all yards abutting residential uses or residential zones, a sixty-foot setback area shall be landscaped so as to provide adequate visual buffering. Such landscaping shall be along the perimeter of a regional development. Where a regional development abuts Route I-91 or I-691, the building setback shall be 25 feet from the highway property line and no visual buffering shall be required unless storage or loading areas face either highway. Screening of loading and storage areas shall consist of coniferous plantings, which shall be installed at the edges of such loading and storage areas. The remainder of the sixty-foot setback shall be attractively landscaped with shrubs, shade trees and grass.

No parking shall be permitted in any sixty-foot setback area in a front yard or any other yard which abuts a residential use or residential zone. Only access drives, natural features, landscaping, directional and identification signs and utilities shall be permitted within the sixty-foot setback area. In no instance shall parking be permitted within 15 feet of a line.

Total lot coverage for principal and accessory buildings and paved areas shall not exceed 50%.

All buildings on an individual lot shall be integrated in terms of architecture, color, texture and scale.

Maximum height of buildings.

Structures may be further restricted by the Planning Commission to provide for public safety and adequate light and air and to maintain the neighborhood character and shall be designed and located to be consistent with the reasonable enjoyment of neighboring property and the efficiency of public services as more specifically set forth herein.

All regional developments shall be adequately served by all necessary utilities, including water, sanitary facilities and storm drainage.

All regional developments shall have a minimum of 200 feet of frontage on a City street.

Outdoor lighting shall be directed or shielded so that the light source is not readily visible and no glare and direct light is cast on adjacent properties. Indirect light falling on adjacent property shall be of low intensity. No luminaries shall be higher than 20 feet above ground level.

Wherever practicable, the regional development shall be planned to accommodate existing natural features, including topography.

Off-street parking facilities shall be laid out in conformance to the requirements of § 213-55E(1), (2), (3) and (4).

All utilities, including electricity and telephone, in both public streets and under private property, shall be underground.

The development shall be initiated (building permit secured) within 12 months of the approval date. Upon the applicant's showing of good cause, the Planning Commission may grant one extension to initiate development. Said extension of time shall not exceed 12 months.

Signs.

For any development within a regional development district a site plan must be reviewed and a certificate of approval must be issued by the Planning Commission in accordance with the requirements and procedures of Article XI, § 213-72, of this chapter prior to the issuance of a building permit.

In order to aid the Planning Commission's review of a regional development proposal, the Commission shall require that the developer submit for review the following information and studies in addition to information required for a certificate of approval application (§ 213-72J):

Approval prerequisites. Prior to the receiving of a building permit for any regional development proposal, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor located outside the property limits of the development. All payments shall be in the manner provided herein, it being the intent of this section that the developer bear that portion of the cost which is related to improvements required for the development and/or improvements that benefit the development, as determined by the Planning Commission.

Determination of nature of improvement.

Active adult cluster development may receive favorable consideration where the following conditions are present and the following objectives are achieved:

If any of the conditions noted in Subsection C(1) are not present when a developer submits an application for approval, the Planning Commission may decide not to give further consideration to the application unless the developer presents adequate evidence of his ability and willingness to correct any condition not meeting these objectives or of the official action of the municipal or state agency which will satisfy the condition within a time period acceptable to the Planning Commission.

This statement of objectives shall not be subject to variance or exception by any City agency.

Homeowners'/unit owners' association.

Single-family detached dwelling units with a maximum of three bedrooms or, in the alternative, two bedrooms plus one utility (guest, study, etc.) room.

Accessory uses such as parking lots, garages, recreational and cultural, to the extent they are designed and intended to serve the permitted occupants of the active adult cluster development and are consistent with and appropriate to the needs and interest of those occupants.

A plan must be consistent with:

Occupancy restrictions. Occupancy within active adult cluster development shall be restricted as follows.

A plan shall be consistent with the following general standards for use of land, the use type, bulk, design and location of buildings, the density or intensity of uses, common open space, public facilities and development by geographic division of the area:

To encourage development that supports preservation of residences and other structures of significant historic, architectural or cultural value or interest (a "historic building"), the Commission, in its discretion, may permit, as part of an active adult cluster development, an increase of up to one additional unit per development acre [Subsection (F(3)(e) above] more than the number of dwelling units that might otherwise be allowed in the proposed active adult cluster development but, in no case, more than four additional dwelling units, provided that the following criteria are satisfied:

The application for approval shall be executed by or on behalf of the owner and filed in duplicate with the Planning Commission. A filing fee in accordance with the City of Meriden Fee Schedule shall be submitted to the Planning Commission. Said filing fee shall be in addition to the cost of any public hearing and advertising and publication and for study/studies by a consultant(s) hired by the Planning Commission.

The application for approval shall include such items as the Planning Commission by its regulations shall specify in order to disclose:

Said application shall also be accompanied by a written statement by the owner setting forth the reasons why, in his/her opinion, the adult active cluster development would be in the public interest and would be consistent with the standards and criteria of this chapter and with the regulations published by the Planning Commission.

Informal consultations between the owner and the Planning Department prior to the filing of an application for tentative approval are to be encouraged; provided, however, that no statement or representation by a member of the Department shall be binding upon the Planning Commission.

Prior to acting on the application, the Planning Commission shall solicit advice and comment from the City Engineer, Board of Education, Fire and Police Departments, and any other public agency which has programs or activities which might be affected by the development of an adult active cluster development.

The Planning Commission shall, within 65 days following the conclusion of the public hearing, either:

Failure of the Planning Commission to act within said period shall be deemed to be a grant of approval of the plan as submitted.

A certified copy of the approved final plan shall be filed in the land records and the office of the City Clerk.

Upon the filing and recording of the approved final plan, the zoning and regulations otherwise applicable to the land included in such plan shall cease to apply thereto.

If the owner fails to commence construction of the adult active cluster development within one year after notification of final approval by the Planning Commission, said approval shall be null and void and no further development shall take place on the property, except as otherwise authorized in this chapter.

All lots and single-family detached dwelling units which have been permitted pursuant to a previously approved and filed planned residential cluster development, and for which the owner has commenced construction of the planned residential cluster development within one year after notification of final approval by the Planning Commission, shall be and remain valid building lots or approved units irrespective of the other provisions, conditions and terms set forth in this § 213-37. All conditions which were specified by the Planning Commission in its approval of the PRCD shall remain in effect.

Any modifications, i.e., boundary changes to lots created by such previously approved and filed planned residential cluster development shall be treated, in the same manner as a resubdivision, as defined in § 8-26 of the Connecticut General Statutes. The number of approved lots and density and bulk requirements shall remain as were approved for the PRCD.

Uses permitted in a planned elderly housing community may include and shall be limited to:

A planned elderly housing community shall include a combination of housing units and at least a rest home with nursing supervision (intermediate care facility) or chronic and convalescent nursing home (skilled nursing facility) licensed by the State of Connecticut. This section shall not be applicable to convalescent home separate from independent housing nor to independent housing separate from convalescent home.

Density.

Building height: maximum of 35 feet.

A building to be used for housing units shall not exceed 3,000 square feet nor contain more than four units.

Setback and yard requirements. Setback and yard requirements for housing units shall be identical to those required for the zone in which the planned elderly housing community is proposed to be located and for a convalescent home shall be a minimum of 50 feet in any residential zone.

Access. A planned elderly housing community shall be located only on collector or major streets.

Site area: minimum site of five acres. The total ground floor area of all buildings shall not exceed 25% of the site area.

Off-street parking. Off-street parking shall be provided at the ratio of 1.5 spaces for every dwelling unit plus one space for every three beds in a convalescent facility, one space for every three employees, and one space for every five persons enrolled in the day-care facility.

Utilities. Utilities in a planned elderly housing community shall be underground wherever practical.

Pedestrian walks. A pedestrian circulation system shall be so designed so as to provide wherever possible for separation between pedestrian and vehicular traffic. All such walks shall be designed and built to provide for wheelchair access. All existing walks shall be upgraded to accommodate wheelchairs.

Water and sewer. A planned elderly housing community shall be located only in areas which shall have access to public water supply and public sanitary sewer service.

Total lot coverage for principal and accessory buildings and paved areas shall not exceed 50%.

All buildings on an individual lot shall be integrated in terms of architecture, color, texture and scale.

Wherever practicable, the planned elderly housing community shall be planned to accommodate existing natural features, including topography.

Off-street parking facilities shall be laid out in conformance to the requirements of § 213-55E.

Structures may be further restricted by the Planning Commission to provide for public safety, adequate light and air, and to maintain the neighborhood character, and shall be designed and located to be consistent with the reasonable enjoyment of neighboring property and the efficiency of public services as more specifically set forth herein.

The development shall be initiated (building permit secured) within 12 months of the approval date. Upon the applicant's showing of good cause, the Planning Commission may grant two extensions to initiate development. Said extensions of time shall not exceed 12 months each. Building permits for housing units may be restricted by the Planning Commission until such time as the applicant has received all regulatory approvals required for the construction of a convalescent facility and until such time as construction on such facility has actually commenced.

The Planning Commission shall require that 12 1/2% of the independent housing units be constructed as handicapped units in conformity with state and federal requirements for handicapped housing units including handicapped kitchens. All of the units shall be equipped with residential sprinkler systems, handicapped bathrooms and/or intercom systems connecting to the rest home with nursing supervision (intermediate care facility) or chronic and convalescent nursing home (skilled nursing facility) in the complex with the establishment of a response program for handling emergencies. All units shall be totally accessible to wheelchairs. The Planning Commission may reduce the number of handicapped units required by amendment to the site plan approval after the units have been built but only upon the showing by the developer that substantial marketing efforts have been pursued for the handicapped units and that such units have not been sold or rented.

The developer shall furnish such performance bond or bonds as may be determined by the Planning Commission to assure performance in the construction of public utilities and other facilities in accordance with the approved plan and to protect the public interest in event of abandonment of said plan.

The Planning Commission may require a part of the independent housing units to have garages and/or carports.

For any development of a planned elderly housing community, a site plan must be reviewed and a certificate of approval must be issued by the Planning Commission in accordance with the requirements and procedures of Article XI, § 213-72, of this chapter prior to the issuance of a building permit.

In order to aid the Planning Commission's review of a planned elderly housing community proposal, the Commission shall require that the developer submit for review the following information and studies in addition to information required for a certificate of approval application (§ 213-72J).

Prior to acting on the application, the Planning Commission shall solicit advice and comment from the City Engineer, Board of Education, Fire and Police Departments, and any other public agency which has programs or activities which might be affected by the development of a planned elderly housing community.

The Planning Commission shall, by resolution, within 65 days following the conclusion of the public hearing, either:

Failure of the Planning Commission to act within said period shall be deemed to be a grant of approval of the plan submitted.

The resolution granting or denying approval shall include conclusions and finding of fact on the following:

Assisted living facilities (ALF), with or without memory care units, within a residential environment that offer supportive services to individuals who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life, such as, but not limited to, dressing, bathing, and nutrition;

Independent living facilities (ILF) that offer congregate living arrangements with supportive services to persons over the age of 55;

The development of ALF and ILF in a manner that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas as well as encouraging the renovation and rehabilitation of older, existing buildings;

The development of ALF and ILF in a manner harmonious with the surrounding land uses while protecting natural resources and open space.

Permitted uses shall be assisted living facilities and/or independent living facilities with supportive services, as well as accessory uses that are intended and designed as supportive services for the maintenance and/or operation of the assisted living facility or independent living facility and/or the use of its residents.

Accessory and incidental retail use, including, but not limited to, the following: beauty and barber salons; recreational, physical fitness and therapy services; food services; library; bank automated teller machine; management offices; adult day care or adult day health facility within the facility is allowed, provided the retail uses are primarily to serve the needs of the residents of the facility, as determined and approved by the Commission. There shall be no external advertising or signs related to any internal retail use, unless approved by the Commission.

When the assisted living facility is located in a nonresidential zone, medical services and adult day care services located within the facility and each occupying no more than 10% of the building area may also be offered to the general public, provided that these services are an important part of the assisted living community and serve the residents thereof.

Application of creative design technique to foster attractive, functionally efficient and well-planned new developments, which will be aesthetically integrated with adjacent areas.

Sufficient capacity in sanitary sewer, water supply and other utility systems will be available over the life of the development.

Appropriate landscaping and buffering is provided.

The independent living facility with supportive services and/or the assisted living facility proposal will help meet senior housing needs of Meriden.

The independent living facility with supportive services and/or the assisted living facility have been designated to meet the needs of handicapped residents or visitors.

Requirements for lot and bulk design criteria applicable to such facilities:

Buffer. A buffer area of 50 feet shall be provided at the perimeter of the property on all sides except street frontage, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Commission may waive the buffer requirement:

Removal and replacement of vegetation. With the site, no clear cutting shall be permitted, except incidental to construction of buildings, roads, trails and parking areas. No site work shall be permitted prior to the granting of the special permit and written authorization from the Planning and Development Department.

Roadways. The principal roadway(s) and private way(s) serving the site shall be designed to conform to the rules and regulations of the Planning Commission, and acceptable to the Department of Public Works, as required.

Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces provided on the site shall be 0.3 parking space per dwelling unit in an ALF and one parking space per dwelling unit in an ILF. For both ALFs and ILFs, one parking space shall be provided for every employee during the largest shift. The Planning Commission may increase or decrease the required parking by up to 10% to serve the needs of employees, visitors and service vehicles. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways, by a landscaped border at least 10 feet in width. Parking lots in front setbacks in residential zones, and in buffer areas in all zones, with the exception of necessary access driveways, are prohibited. Parking areas in residential districts shall be located to the side or rear of all buildings where practical. Parking lot layout shall be planned to permit landscaping, buffering, or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional picket fencing, hedges, walls, or landscape berms to define parking areas is encouraged. In parking areas of 20 or more parking stalls, at least one tree of three-inch or greater caliper shall be planted for every 10 parking places. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged.

Utilities. All electric, gas, telephone, and water distribution lines shall be placed underground, except upon a demonstration of exceptional circumstances.

Paths. Paths for the use of residents shall be attractively designed with proper regard for convenience, separation of vehicular and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways on adjacent sites.

Design and architectural character (for new construction).

The ALF or ILF shall have an integrated emergency call, telephone and other communications system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles.

An ALF or an ILF may consist of a single building or multiple buildings.

Structures and uses accessory to the ALF or ILF may also be provided within the same building, including, but not limited to, the following: beauty and barber salons; recreational, physical fitness and therapy services; library; bank automated teller machine; management offices; adult day care or adult day health facility; certain medical facilities; hospice residence; food service; laundry and covered parking areas; provided, however, that such accessory uses and structures shall be designed for the primary, but not exclusive, use of the residents and staff of the ALF or ILF. Such accessory uses shall have no exterior advertising display.

The facility shall be served by the municipal water and sewer system.

The following plans:

The following narrative reports or data:

For any development in an ASSIST District a site plan must be reviewed and a certificate of approval must be issued by the Planning Commission in accordance with the requirements and procedures of Article XI, § 213-72 of the zoning regulations prior to issuance of a building permit.

Within 65 days of the meeting at which the application for special permit approval is presented, the Planning Commission shall hold a public hearing, and public notice shall be published at least twice at intervals of not less than two days, the first notice being not less than 10 days nor more than 15 days before such hearing. A copy of the application shall be filed in the office of the City Clerk at least 10 days prior to the scheduled hearing date. All maps, reports and other documents required to be submitted with the application shall be on file in the office of the City Planning Commission and open to public inspection at least 10 days prior to the scheduled hearing date.

Prior to acting on the application, the Planning Commission shall solicit advice and comment from the Department of Public Works, Fire and Police Departments, and any other public agency which has programs or activities which might be affected by the development proposed.

The Planning Commission shall, by resolution, within 65 days following the conclusion of the public hearing, either:

Failure of the Planning Commission to act within said period shall be deemed to be a grant of approval of the plan submitted.

The resolution granting or denying approval shall include conclusions and finding of fact on the following:

The Commission shall consider in each case whether the proposed use will:

Provision of adequate facilities for sanitary sewerage, water supply, stormwater drainage and other utilities for the life of each development;

Application of creative design techniques to foster attractive, functionally efficient, and well-planned developments which will be aesthetically integrated with adjacent areas;

Provision of appropriate landscaping, screening and buffers;

Provision of all appropriate off-site roadway and utility improvements necessitated by each phase of the development; and

An integration of the different uses considering inherent differences of needs and protections.

Permitted uses by right:

Accessory uses:

Overall planned development district.

Lot and bulk requirements within the planned development district. For any development within the planned development district, a site plan must be reviewed and a certificate of approval must be issued by the Planning Commission in accordance with the requirements and procedures of Article XI, § 213-72, of this chapter prior to the issuance of a building permit. Any plan (site plan or subdivision) submitted for approval of a development in the planned development district, except plans for electric-generation facilities which only must comply with the width, coverage and minimum yard requirements for nonresidential uses, shall be consistent with the following lot and bulk requirements:

General development standards.

Approval prerequisites. Prior to the receiving of a certificate of occupancy for any planned development proposal, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewage and drainage facilities directly related to or required by the proposed development and easements therefor located outside the property limits of the development. All payments shall be in the manner provided herein, it being the intent of this section that the developer bear that portion of the cost which is related to improvements that benefit the development, as determined by the Planning Commission. The Planning Commission shall consider the portion of the developer's land which will be benefited by improvements as compared to developed and other undeveloped land which may be further benefited by the proposed improvements.

Determination of nature of improvement.

The purpose of this regulation is to encourage flexible and creative approaches to the reuse of vacant and underutilized historic industrial buildings, with a view toward conserving and preserving the value of historic buildings, encouraging the most appropriate use of those structures, and reasonable consideration as to the character of the neighborhood.

The development shall promote the economic, cultural and general welfare of the citizens of Meriden through the preservation and protection of the distinctive characteristics of Meriden's historic industrial buildings and provide for appropriate and compatible uses, otherwise not allowed in the underlining zoning district, that complement the surrounding neighborhood.

Above described principal building is at least 50 years old;

The property is no longer productively utilized, or is severely underutilized, and it has been in that state for at least one year;

The Planning and Zoning Commission finds the proposed adaptive reuse in the proposed location is consistent with the Plan of Conservation and Development (POCD).

Building setbacks, coverage, frontage and height requirements shall not apply to existing buildings but shall apply to any proposed building additions, or new proposed structures.

Height:

Minimum yards:

Sidewalks and curbs. The developer shall construct or reconstruct sidewalks and curbs to City standards along all sides of the site which abut a public road. The Planning Commission may waive this requirement for sections of sidewalk that are found to be in good condition and are in compliance with City standards.

Site drainage:

Roadways, driveways:

Vehicle parking and loading:

Landscaping. Every developed site shall be landscaped in accordance with these regulations and approved by the Commission. The intent of landscaping, screening and site preservation is to enhance the visual quality of the area, to protect the integrity of the uses, and to preserve the historic environment.

Screening for specific accessory uses and structures. Facilities for the storage of refuse and garbage shall be located in such a manner as to make the facilities inconspicuous to the general public view with suitable materials to harmonize with the building. Such materials may include, but not be limited to, fencing and plantings. Screening for roof top equipment shall be designed as an integral part of the building.

Lighting.

Fire protection. Fire hydrants shall be installed on the water lines either within the site or external to the site in accordance with recommendations of the cognizant fire chief.

Noise abatement. All machinery and devices such as ventilation fans, drying fans, air compressors, air-conditioning unit, etc. shall be screened for visual impact as well as shielded and insulated in a manner which shall deaden noise and deflect sound waves away from abutting premises.

Utilities:

Proof of land interest/restrictions:

Additional site development requirements applicable to multiple-family dwellings, planned elderly housing developments and elderly living or care facilities:

The exterior rehabilitation of all segments of the visible structure shall be subject to review and approval by the Planning Commission at the time of application. If a building facade is replaced or significantly modified, the Planning Commission may refer the application to Design Review Board.

Findings to the design, architectural treatment and aesthetic character shall be made in view of the fact that excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings in any neighborhood adversely affects the desirability of the immediate area and the neighboring areas for residential, commercial or other purposes and, by so doing, impairs the benefits of occupancy of existing property in such areas, the stability and value of both improved and unimproved real property in the area, prevents the most appropriate development and use of such areas and produces degeneration of property with deterioration of conditions in the area affecting the health, general safety and welfare of the community.

Designs for exterior building rehabilitation shall consist of appropriate material, colors, etc. intended to maintain or restore the integrity of the original architectural character of a given structure.

Property to be rehabilitated shall be required to meet the following level of rehabilitation:

Application for special exception will be filed to the Planning Commission in accordance with requirements of § 213-73, and it may be filed concurrently with the C.A. site plan application pursuant to § 213-72.

Amendments and modifications to the special exception and to the site plan shall be made per the procedures outlined in § 213-73 and § 213-72.

Criteria for approval of the special exception. Prior to the approval of a special exception, the applicant must show that the special exception, proposed use and proposed general plan of development shall comply with the following criteria:

All development proposals within the ridgeline setback area, as defined in Subsection C, whether public or private, shall comply with the requirements and purposes of this chapter.

For the purposes of this chapter, development proposals include proposals which require any of the following: certificate of approval, special exceptions, variance, building permit, PRD, PRCD, grading, filling or excavation permits.

Map. The City shall cause to be drafted and obtain within three months after the enactment of this chapter a map or series of maps which generally delineate the ridgeline setback area as defined in Subsection C. This map shall not be the definitive source for these areas but will serve to alert the public and municipal officials of the potential presence of a ridgeline setback area. The City may subsequently amend this map as newly acquired information concerning the presence of additional ridgeline setback areas is presented to it. Information provided by the map shall be used for general informational and illustrative purposes only. The actual presence and location of ridgeline setback areas, as determined by qualified technical professionals, shall govern the review of a submitted development proposal.[1]

Permitted operations and uses. The following operations and uses shall be permitted in ridgeline setback areas, as of right, as set forth in C.G.S. § 8-2(c).

Prohibited operations and uses. Prohibited operations and uses in the ridgeline setback areas are building construction, road construction, utility construction, quarrying, clear-cutting of vegetation and cutting of timber within 50 feet of the ridgeline, as defined in Subsection C.