31.1  General: No contours of any land shall be altered by the excavation, removal or relocation of earth, loam, topsoil, sand, gravel, clay, stone or minerals, or by the depositing of any material, natural or otherwise, contours shall be permitted only as a special exception, unless such alteration falls into an exempt classification specified in paragraph 31.2.

31.2  Exemptions: The following are specifically exempt from the requirement to obtain a special exception:

31.2.1  Building construction: Alteration of contours directly related to, necessary for and in conjunction with bona fide construction or alteration of a building or structure, when such construction or alteration is authorized under an approved application for a certificate of zoning compliance, subject to the requirements of paragraph 31.2.6.

31.2.2  Landscaping and agricultural definitions: For purposes of this section (a), "landscaping operation" shall mean the movement of earth on, from or to a parcel of land which is incidental to and necessary for the intended use of the property; (b) "agricultural operation" shall mean the movement of earth on, from or to a parcel of land which is incidental to and necessary for the use of the property as land upon which crops or foodstuffs may be grown; (c) "parcel of land" shall mean all contiguous pieces of land owned by the applicant.

31.2.2.1  Landscaping and agriculture: Any bona fide landscaping or agricultural operation as defined in section 31.2.2 shall be subject to the requirements of paragraph 31.2.6.

31.2.2.2  Earth removal: In the event that a landscaping operation or an agricultural operation as defined in section 31.2.2 should require the removal of earth off premises as well as the movement of earth on premises, then said removal shall not exceed five hundred (500) cubic yards of earthen material nor exceed twenty (20) days in total duration.

31.2.3  Driveways: Alteration of contours directly related to the necessary and reasonable construction of an accessway or driveway and subject to the requirements of paragraph 31.2.6.

31.2.4  Backfilling: Removal of unsuitable material and depositing of suitable material for the necessary and reasonable construction or reconstruction of sewage systems, accessways and driveways, subject to the requirements of paragraph 31.2.6.

31.2.5  Subdivisions: Alteration of contours in accordance with subdivision construction plans and contour maps approved by the borough planning commission, provided that approval was granted within three (3) years preceding such change in contours.

31.2.5.1  Subdivision: Necessary filling, earth removal, or grading in connection with construction or alteration on a lot in accordance with a subdivision or resubdivision plan involving the removal off the premises of no more than two hundred (200) cubic yards of earthen material per building lot.

31.2.6  Other requirements: Any operation made exempt from the requirements of this section 31 through inclusion of paragraphs 31.2.1 through 31.2.4 shall not adversely affect adjacent property and shall satisfy the following requirements:

a.

Natural drainage onto or from adjacent property shall not be adversely affected and natural watercourses shall not be obstructed;

b.

Elevations at property lines shall not be changed and changes in elevation within ten (10) feet of the property line shall not exceed two (2) feet; and

c.

Artificial slopes shall not exceed thirty (30) degrees to the horizontal and shall be suitably seeded or planted to prevent erosion.

31.3  Application: Application for a special permit shall be submitted in writing to the zoning enforcement officer, shall be accompanied by an application for a certificate of zoning compliance and shall also be accompanied by maps and plans prepared by an engineer or surveyor licensed to practice in the State of Connecticut and showing the following:

31.3.1 The boundaries of the property where the excavation is proposed and the area to be excavated;

31.3.2 Existing contours in the area to be excavated and proposed contours after completion of the work, which contours shall be prepared from an actual field or aerial survey, shall be based on a bench mark noted and described on the map and shall be drawn to a scale of not less than one hundred (100) feet to the inch and with a contour interval not to exceed two (2) feet;

31.3.3 Existing and proposed drainage on the premises;

31.3.4. Surrounding streets and property lines;

31.3.5 Principal wooded areas and any rock outcrops;

31.3.6 Existing and proposed structures on the premises;

31.3.7 Proposed truck access to the excavation area;

31.3.8 A soil erosion and sedimentation control plan (see section 35); and

31.3.9 Certification of soil erosion and sedimentation control plan. (See section 35.)

Upon receipt, the zoning enforcement officer shall transmit copies of the special permit application and application for a certificate of zoning compliance to the borough planning commission. The commission may require the submission of such additional information, including data on soil conditions, locations and depth or rock ledge and groundwater conditions that it deems necessary to make a reasonable review of the application.

31.4  Procedures and approval: Within sixty-five (65) days after receipt of a complete application, the borough planning commission shall hold a public hearing thereon. Notice of the time and place of such hearing shall be published in a newspaper having a substantial circulation in the borough at least twice, at intervals of not less than two (2) days, the first not more than fifteen (15) days, nor less than ten (10) days, and the last not less than two (2) days before the date of such hearing. The borough planning commission shall decide upon such application within sixty-five (65) days after the hearing. The applicant may consent in writing to any extension of the time for hearing or decision on the application. The borough planning commission may grant a special permit, subject to appropriate conditions and safeguards, to permit the proposed alteration or contours over a limited period of time, if it shall find that the following conditions and requirements have been met:

31.4.1 That at all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties;

31.4.2 That no sharp declivities, pits, depressions or soil erosion problems will be created, and that no slopes or banks will exceed one (1) foot of vertical rise in two (2) feet or [of] horizontal distance nor exceed whatever lesser slope is necessary to maintain stability under the particular soil conditions;

31.4.3 That where any excavation, while in process, shall have a depth of ten (10) feet or more and create a slope of more than 1 or 2, there shall be a substantial fence, at least six (6) feet in height, which may have suitable gates. Such fence shall be located fifty (50) feet or more from the edge of the excavation. All operations shall be screened if located near residential areas or highways; such screening shall meet the approval of the commission;

31.4.4 That the proposed excavation will not impair the future use of the property in accordance with the zoning regulations, and that the slopes and banks will not impair good development and safe use of the property after the excavation;

31.4.5 That the proposed excavation will not depress land values or adversely affect surrounding property in the neighborhood;

31.4.6 That there will be no excavation or removal within fifty (50) feet of a property or street line except to an elevation equal with or above grade of the adjoining property or street;

31.4.7 That there will be no excavation to a depth of less than six (6) feet above any ledge, rock or the natural water table;

31.4.8 That when excavation and removal operations or either of them are completed, the excavated area shall be steeper than a slope of one (1) foot or [of] vertical rise to three (3) feet of horizontal distance. A layer of arable topsoil, of a quality approved by the borough engineer, shall be spread over the excavated area, except exposed rock surfaces, to a minimum depth of six (6) inches in accordance with the approved contour plan. The area shall be seeded with a perennial rye grass and maintained until the area is stabilized and approved by the commission.

31.4.9 That no screening, sifting, washing, crushing or other forms of processing shall be conducted upon the premises unless within an industrial district;

31.4.10 That the portion of access road within the area of operation shall be provided with a dustless surface which shall be maintained in good condition at all times;

31.4.11 That the proposed truck access will not create safety or traffic hazards;

31.4.12 That the applicant shall pay an inspection fee of fifty dollars ($50.00) for one (1) acre or less of area to be excavated plus twenty-five dollars ($25.00) for each additional acre or fraction thereof to be excavated;

31.4.13 That the applicant shall post a performance bond with the treasurer of the Borough of Naugatuck, in form and amount approved by the commission, to guarantee faithful performance of the work in accordance with plans as approved and conditions of approval, which bond shall cover a period of time not less than two (2) months beyond the period during which the special exception permit is effective.

31.5  Time limit: Each special permit granted under this section shall be valid for a period of two (2) years or for such lesser period requested by the applicant or fixed by the commission. Upon application and after public hearing on due notice, the commission may extend the time period for periods of not more than one (1) year, provided that there exists no violation of the terms of the original special permit.

31.6  Enforcement and penalties: As a condition for granting a special permit, the commission may require the applicant to submit periodic reports of progress with excavation or removal including contours and cross sections, prepared and certified by an engineer or land surveyor licensed to practice in the State of Connecticut. If at any time the commission finds that the excavation or removal is not being conducted or cannot be conducted in accordance with plans as approved, the commission may order the applicant to cease operations.

32.1General. In accordance with the procedures, standards, and conditions hereinafter specified, the borough zoning commission may grant a special permit for the establishment of one (1) or more uses for which a special permit must be secured from the commission as specified in schedule A of these regulations. All requirements of this section are in addition to other requirements applicable, in the district in which the special permit use is to be located.

32.2 Special permit objectives. In evaluating a special permit, the zoning commission shall take into consideration the public health, safety and welfare of the public in general, and the immediate neighborhood in particular, and may prescribe reasonable conditions and safeguards to insure the accomplishments of the following objectives:

32.2.1 Harmony with development: That the proposed use is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

32.2.2 Traffic circulation: That the location and size of such use, the nature and intensity of operations involved in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient, or incongruous with, any residential district or conflict with the normal traffic of the neighborhood.

32.2.3 Impact on environment: That the location and size of such use, the nature and intensity of operations involved in connection therewith, and the site layout and development will not have a negative impact on any environmental and natural resource areas on or adjacent to the site or within the neighborhood.

32.3 Application. Application for a special permit shall be submitted in writing to the zoning enforcement officer, shall be accompanied by an application for a certificate of zoning compliance and shall also be accompanied by the following:

32.3.1 Statement of use: A written statement describing the proposed use in sufficient detail to determine compliance with these regulations, five (5) copies shall be submitted;

32.3.2 See section 37, site plan review, site plan section 37.2.1.

32.3.3 Architectural plans: Preliminary architectural plans for all proposed buildings, structures and signs, including general exterior elevations, perspective drawings and generalized floor plans and including drawings for proposed signs; four (4) copies shall be prepared by and bear the seal of an architect or professional engineer licensed to practice in the State of Connecticut.

32.3.4 Inland wetlands report: A written report from the Naugatuck Inland Wetlands Commission indicating its recommendations concerning the impact of development on wetlands property.

32.3.5 Fire protection report: It shall be the responsibility of the applicant to submit a written report from the Naugatuck fire marshall and the Naugatuck fire commission commenting and/or recommending on fire protection provisions affecting the development or the abutting properties.

32.3.6 Water pollution control report: If the proposed development is to be dependent upon the existing municipal sewer system, the applicant shall be responsible for the submission of a written report from the Naugatuck Water Pollution Control Board commenting on the availability and timing of sewage disposal services for the proposed development.

32.3.7 Police report: It shall be the responsibility of the applicant to submit a written report from the Naugatuck police commission commenting and/or recommending on traffic safety and access provisions affecting the development and the surrounding area.

32.3.8 Architectural and landscaping review board report: Where new buildings, structures or alteration to existing structures are proposed, the applicant shall include with the application the written comments and recommendations of the advisory architectural and landscaping review board concerning site plan, landscaping and architectural design of all buildings and other structures so that they are of such character as to harmonize with the neighborhood and to preserve and improve the appearance and beauty of the community.

32.3.9 Water company report: If the proposed development is to be dependent upon the existing public water company, the applicant shall be responsible for the submission of a report from the applicable water company commenting on the availability and timing of water services for the proposed development.

32.3.10 Soil erosion and sedimentation control plan: See section 35, soil erosion and sedimentation control plan.

32.3.11 Other: The zoning commission may also request the submission of such additional information that it deems necessary in order to decide on the application or waive the requirements of any information deemed unnecessary by a two-thirds vote of the zoning commission.

32.3.12 Application fee: An application fee of two hundred dollars ($200.00).

32.4 Procedure: Upon receipt, the zoning enforcement officer shall transmit copies of the special permit application and application for a certificate of zoning compliance to the borough zoning commission. Within sixty-five (65) days after receipt of a complete application, the zoning commission shall hold a public hearing thereon, providing that the public hearing on said application shall be held on a date that falls after the date of the first regularly scheduled meeting of the zoning commission which follows the date of transmittal of the application from the zoning enforcement officer to the zoning commission. Notice of the time and place of such hearing shall be published in the newspaper having a substantial circulation in the borough at least twice, at intervals of not less than two (2) days, the first not more than fifteen (15) days, nor less than two (2) days before the date of such hearing. The borough zoning commission shall render a decision of such application within sixty-five (65) days of the conclusion of such hearing. The commission may approve, approve subject to modification, or disapprove the application. The applicant may consent in writing to one (1) or more extensions of the sixty-five-day time periods specified in this paragraph. Upon receipt of said application for special permit, the zoning commission shall provide the applicant with a sign to be conspicuously posted on the property. Said sign shall indicate the date and time of a public hearing and remain in place until said hearing has been held.

32.4.1 Referral to planning commission: The planning commission shall, at the first regular meeting of the commission following the transmittal of the application by the zoning enforcement officer, review the application and issue a report to the zoning commission. The failure of the planning commission to report at or prior to the public hearing, shall be taken as an approval of the application. A statement of the planning commission's vote approving or disapproving or proposing modification of such proposal and reasons for the vote shall be publicly read at the public hearing and incorporated into the record of the public hearing. An application disapproved by the planning commission may be adopted by the zoning commission by a vote of not less than four-fifths of all members of the zoning commission.

32.5  General considerations: In addition to the general standards and any special standards for particular uses that may be hereinafter specified, the borough zoning commission shall consider the following before acting on any special permit application:

32.5.1 The size and intensity of the proposed use and the size of the lot on which it is to be located;

32.5.2 The effect of the proposed use on any adopted plan of development for the borough;

32.5.3 The capacity of adjacent and feeder streets to accommodate peak traffic loads, and any traffic hazards that may be created by the use;

32.5.4 The effect upon property values and appearance in the neighborhood, taking into account the topography of the lot and the character, location and height of proposed buildings and structures and the site plan and proposed landscaping;

32.5.5 The number, location and arrangement of off-street parking and loading spaces and the vehicular access to the lot;

32.5.6 Fire and police protection needs;

32.5.7 Water supply, sewage disposal facilities and drainage and erosion problems;

32.5.8 The availability of recreation areas;

32.5.9 The effect of the lighting system in terms of location and type of display signs and lighting, loading zones, landscaping and pedestrian walkways;

32.5.10 The height, location, orientation of main and accessory buildings in relation to other structures in the vicinity; and

32.5.11 The degree to which the proposed use fosters an energy efficient building layout and landscaping plan through the use of building orientations and vegetation;

32.5.12 Drainage considerations shall include effects on land which the drainway passes through and also the effects on those off-site areas ultimately receiving said drainage whether within the development or not.

32.6  Approval: Subsequent to the public hearing, the borough zoning commission may approve the application or approve it subject to modifications, granting the special permit. In approving the application or approving it subject to all modifications, the commission shall make a finding that all applicable requirements of this section have been met in addition to other requirements applicable in the district in which the special permit use is to be located and that the special permit will be in harmony with the general purpose and intent of these regulations. The grounds for disapproval of a special permit application shall be stated by the borough planning commission in its records. The special permit shall become effective at such time as is fixed by the borough planning commission, provided a copy thereof shall be filed in the office of the Naugatuck town clerk.

32.7  General standards: The following general standards shall apply to all special permit uses:

32.7.1  Access: Provisions shall be made for vehicular access to the lot in such a manner as to avoid undue hazards to traffic and undue traffic congestion on any public highway;

32.7.2  Neighborhood: The site plan and architectural plans shall be of a character as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values and to preserve and enhance the appearance and beauty of the community.

32.7.3  Plan of development: The site plan and architectural plans shall be in conformance with the purpose and intent of any plan of development adopted by the borough planning commission for the area in which the use is to be located, and the site plan shall provide for appropriate continuation and improvement of streets terminating at the lot where the use is to be located.

32.7.4  Bond: The zoning commission may authorize the chairman to endorse the record map of approval, if applicable, to permit filing with the town clerk, but such endorsement shall not be executed until all conditions of approval have been met, all required improvements have been completed in accordance with the plans as approved. In lieu of completion of all or part of required improvements prior to endorsement of the record map of approval, the applicant shall execute an agreement and file a bond with the zoning commission to guarantee such completion within two (2) years. The bond shall be in form and amount acceptable to the zoning commission and to the borough attorney, shall be a cash or a savings account bond.

32.7.5  Release: Before release of any site bond, or before the zoning commission endorses any site map to permit filing with the town clerk when no bond has been posted, the building inspector and borough engineer shall inspect the premises and notify the zoning commission in writing that all work has been completed according to plans. If necessary, the zoning commission shall require an "as-built" site plan from the applicant's engineer or land surveyor, licensed to practice in the State of Connecticut or a certification that all work has been completed according to site plan submitted.

32.7.6  Certification of erosion and sedimentation control plan: The commission shall certify that the soil erosion and sedimentation control plan complies with the requirements of paragraph 32.3.10 and furthermore, site development shall not begin unless the soil erosion and sedimentation control plan and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional. All control measures and facilities shall be maintained in effective condition to ensure compliance with the certified plan. (5-30-86)

32.8  Additional conditions and safeguards: In granting any special permit the zoning commission shall attach such additional conditions and safeguards as are deemed necessary to protect the neighborhood, such as, but not limited to:

32.8.1 Requirement of setbacks greater than the minimum required by these regulations;

32.8.2 Requirement of screening of parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting or other devices as specified by the zoning commission;

32.8.3 Modification of the exterior features or appearance of any structure where necessary to be in harmony with the surrounding area;

32.8.4 Limitation of size, number of occupants, methods of time of operation or extent of facilities;

32.8.5 Regulation of number, design and location of access drives or other traffic features including pedestrian ways;

32.8.6 Requirement of off-street parking or other special features beyond the minimum required by these regulations or other applicable codes or regulations;

32.8.7 Regulation of the number, type and location of outdoor lighting facilities;

32.8.8 Requirement that the proposed use be approved in phases;

32.8.9 Regulation of the orientation and spacing of buildings; and

32.8.10 Requirement that a certificate of public convenience approved by the Connecticut department of health services and public utility control commission be demonstrated to the commission whenever the development is to be supplied with water from a small water company. (See section 4.33.)(5-30-86; 5-1-90)

32.9 Conditional approval.

32.9.1 Approval of an application for a special permit under this section shall constitute approval conditional upon completion of the proposed development, in accordance with plans as approved within a period of two (2) years after approval is given. Approval of the application shall become null and void in the event of failure to complete the proposed development within the two-year period. The extension of such period for an additional period not to exceed one (1) year may be granted by the borough zoning commission after public hearing for good cause demonstrated to the satisfaction of the commission. All special permits may be granted subject to appropriate conditions and safeguards necessary to conserve the public health, safety, convenience, welfare and property values in the neighborhood.

32.10 Special standards for multi-family dwellings: The following special standards shall apply to particular special permit uses and shall be in addition to the standards found in schedule B of section 24 of these regulations:

32.10.1 Dwelling containing three (3) or more dwelling units as set forth in schedule A-5 of section 23, permitted uses, subject to the following mandatory conditions:

(a)

Qualifying standards: No tract of land shall be considered for multiple dwelling units unless it meets the following minimum requirements:

1.

The tract shall meet the following minimum size requirements:

B-1 district—7,000 square feet

RO-1 district—15,000 square feet

RA-1 district—15,000 square feet

RA-2 district—30,000 square feet

2.

The development shall be served by public sewers and public water.

3.

Minimum frontage requirements for the entire tract shall not be less than one hundred (100) feet.

(b)

Design standards: The following standards shall apply to the design and development of multiple dwelling units.

1.

Maximum density: The maximum density shall be in accordance with schedule B, section 24 of these regulations.

2.

Building separation: All principal buildings shall be a minimum fifty (50) feet from all other principal buildings.

3.

Off-street parking: Off-street parking shall be provided in accordance with section 42.5. Off-site parking within a three-hundred-foot radius of site may be provided in the B-1, RA-1 and RO-1 districts, if the off-site parking area is maintained in common ownership with the dwellings. No parking shall extend within less than fifteen (15) feet from any dwelling.

4.

Setbacks: As per section 24, in B-1, RO-1 and RA-1. In RA-2, no structure or parking area shall extend within one hundred fifty (150) feet of any property line.

5.

Two accessways mandated: Any development providing six (6) or more units and having on-site parking, shall provide a minimum of two (2) accessways to a public street.

6.

Maximum floor area: The maximum floor area of dwellings and buildings shall not exceed the standards set forth in schedule B of section 24.

7.

Maximum lot coverage: The maximum area covered by dwellings and buildings shall not exceed the standards set forth in schedule B of section 24.

8.

Maximum length of dwelling and staggering of dwelling units: No dwelling shall exceed a length of one hundred fifty (150) feet and no exterior wall of any dwelling shall exceed fifty (50) feet in length in an unbroken plane without an offset of at least six (6) feet.

9.

Buildable height: No dwelling shall exceed a height of forty (40) feet.

10.

Utilities: All utilities, including electric, cable T.V, and telephone shall be underground. In addition, utility meters shall be screened from view.

11.

Usable outdoor recreation space: All land not utilized for dwellings and private outdoor space shall be considered common land. Such land shall be in such condition, size and shape as to be readily usable for circulation, parking, recreation or conservation. For any special permit regarding six (6) or more units, a minimum of twenty (20) percent of the tract shall be used to provide active and passive recreational activities to residents of the development. However, when more than ten (10) percent of all dwelling units in the development containing [contain] three (3) or more bedrooms, a minimum of forty (40) percent of the tract shall be designated open space.

12.

Community building: Whenever thirty (30) or more dwelling units are proposed, there shall be provided one (1) community building suitably located and buffered from any dwellings providing at least fifty (50) square feet of floor area per dwelling unit. This shall not include any office space.

13.

Street standards: Each dwelling shall be served by an approved private street built to town construction standards and designed to discourage through traffic. Such street shall not extend within less than thirty (30) feet of any dwelling. All private streets shall have at least a twenty-four-foot pavement width. The commission shall have the discretion to require that streets be public and be built, designed and dedicated to the Borough of Naugatuck whenever a proposed street would serve to improve the circulation system of the Borough of Naugatuck.

14.

Specification: Standards for sidewalks, drainage, sewers, landscaping, parking, and other site improvements shall be included in the site plan application submitted to and subject to the approval of the borough zoning commission.

(c)

Phased development: The commission shall require that any development involving the creation of fifty (50) or more dwelling units be approved in phases. Each phase shall be capable of independent existence without the completion of succeeding phases. No phase shall be in excess of fifty (50) units.

(d)

Procedure: An application for multiple dwellings must be approved as a special permit pursuant to section 32 of these regulations. Thereafter, parts or phases of the approved tract may be approved for development by filing a site plan application therefor to be processed by the commission.

(e)

Additional submission requirements: The applicant shall submit the following documents in addition to those specified in sections 32.3.1 through 32.3.11:

1.

Traffic impact report: A traffic impact report from a traffic expert setting forth his/her findings and conclusions on the impact of traffic to be generated by the proposed development on the neighborhood and the adequacy of the prospective traffic.

2.

Landscaping plan: A landscaping plan prepared by a Connecticut registered landscape architect at a reasonable scale showing the location of buildings upon the site, off-street parking, circulation layout, lighting standards, proposed landscaping and planting layout and pedestrian walks. The landscape plan shall show the location of all existing trees over eight (8) inches in caliper measured at twelve (12) inches above the ground to be retained or removed. The landscaping and design of recreation and open space areas and the perimeter buffer area shall also be shown on the plan.

3.

Homeowner association or condominium association legal documents: Including a copy of the declaration of covenants, by-laws and rules and regulations of the association, a map identifying the private and common areas, including legal documents identifying responsibility for maintenance of private and common recreation areas, documents specifying procedures for assuring financing of essential community services and activities over time ie. (1) automatic membership; (2) mandatory payment of common expenses; (3) personal obligation of lot/unit owner for payment, a covenant providing the municipality with the right to take over (in the event the association fails), and appoint a receiver to assess each unit owner fees in order to meet the expenses of the development and a financial report estimating the annual costs to maintain and operate the services and facilities provided within the development.

4.

The commission may by resolution, waive the required submission of all or part of the information required under paragraphs 32.10.1(e) through 32.10.1(e.3), above if the commission finds that the information is not necessary in order to decide on the application.

(f)

Site plan submission on approved application: Once the special permit application has, in concept, been approved, or approved with conditions, the applicant shall thereafter submit a final site plan and construction plans incorporating any and all modifications or conditions imposed by the zoning commission. The final site plan and construction plans for all or a phase of the entire tract shall be approved, approved subject to modification, or disapproved within sixty-five (65) days after the site plan application has been reviewed at a regular meeting and determined to be complete. Failure of the commission to act thereon, shall be considered as an approval and a certificate to that effect shall be issued by the zoning commission upon written demand by the applicant received within thirty (30) days after the expiration of the sixty-five-day period. The failure of the applicant to submit a final site plan and construction plans timely shall constitute reason for mandatory denial.

(g)

Certificate of public convenience: Requirement that a certificate of public convenience approved by the Connecticut department of health services and public utility control commission be demonstrated to the commission whenever the development is to be supplied with water from a small water company. (See section 4.33.)

32.11 Special standards for regional shopping centers: The following special standards shall apply to a special permit for a regional shopping center. To the extent that any other provisions of the zoning regulations are inconsistent with these special standards, these special standards shall apply.

32.11.1 A regional shopping center shall be a commerical development consisting of some or all of the following uses as permitted uses:

(a)

Stores and other buildings and structures where good[s] are sold or services rendered primarily at retail.

(b)

Business and professional, banks and other financial institutions, medical and dental clinics.

(c)

Restaurants and other food and beverage establishments where customers may be seated at tables, counters or common seating areas, which may include food take-out service incidental to such establishments.

(d)

Indoor theaters and assembly halls.

(e)

Bowling alleys, billiard or pool halls and indoor commerical recreation businesses.

(f)

Sales and services for tires, batteries and other motor vehicle accessories but excluding gas stations.

(g)

Drive-through service windows for banks and restaurants provided the service windows are incidental to such bank or restaurant.

(h)

Accessory uses customary with and incidental to any of the foregoing permitted uses and to regional shopping centers.

32.11.2 Qualifying and design standards. In addition to the standards for the RSC district contained in schedule B of section 24, a regional shopping center shall meet the following requirements:

(a)

A regional shopping center shall have a minimum total lot area of fifty (50) acres, however, the lot comprising the regional shopping center may be divided into separate parcels of land containing a minimum lot area of five (5) acres each. For purposes of this section, lot area shall mean the gross horizontal area contained within the lot;

(b)

A regional shopping center shall contain a minimum of four hundred thousand (400,000) square feet of building area and a minimum of seven hundred thousand (700,000) square feet of floor area. For purposes of this subparagraph, building area shall mean the ground area enclosed by the walls of a building together with the area of all covered porches and other roofed portions; and floor area shall mean the sum of the gross horizontal areas of the several floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the center line of walls separating two (2) buildings, and shall include the area of basements when used for commerical purposes but need not include a basement or portion of a basement used for storage or housing of mechanical or central heating equipment.

(c)

A regional shopping center shall be located in close proximity to a limited access highway.

(d)

A regional shopping center shall be served by public sewer and water.

(e)

A special permit approval for a regional shopping center shall become null and void in the event of failure to complete the proposed development within five (5) years, unless further extended by the borough zoning commission.

(f)

A regional shopping center shall be allowed to have one (1) business premises with a liquor permit, wherever located, for each fifty thousand (50,000) square feet of floor area (as floor area is defined in subparagraph (b) above). The provisions of section 45.1.1 shall not apply to a regional shopping center.

32.11.3 Off-street parking. The parking requirements shall be one (1) space for each two hundred (200) square feet of gross leasable area, excluding theaters, and the parking requirement for theaters shall be one (1) space for each four (4) seats in excess of the first seven hundred fifty (750) seats. These requirements are in lieu of the requirements of section 42.5.

32.11.4 Off-street loading. Off-street loading spaces shall be provided at the rate of four (4) for the first one hundred thousand (100,000) square feet of gross leasable area and one (1) space for each additional fifty thousand (50,000) square feet of gross leasable area. These requirements are in lieu of the requirements of section 42.7.

32.11.5 Signs. In lieu of any standard in section 43 which may be contrary, the following shall be permitted:

(a)

Wall signs on any buildings face shall not exceed ten (10) percent of any building face where the sign is located.

(b)

One (1) ground sign at each point of ingress from a public street.

(c)

Directional signs not to exceed one hundred (100) square feet at each point of ingress from a public street.

(d)

Directional signs not to exceed fifty (50) square feet within the property at each point of intersection.

(e)

All permits for a permanent sign over forty (40) square feet in size shall be automatically renewed, every three (3) years, without necessity of any reapproval, unless any such sign is structurally unsafe.

32.11.6 Performance standards. The use of land, buildings and other structures shall conform to the performance standards specified in section 41 of the zoning regulations.

32.11.7 Other.

(a)

Along and adjacent to any residential zoning district boundary line, a strip of land not less than thirty (30) feet in width shall be left in its natural state or shall be landscaped with lawns and/or shrubs. This area shall be included for computation of the qualifying and design standards of this section (including schedule B).

(b)

For purposes of this section, gross leasable area shall mean the total floor area permanently constructed for the exclusive occupancy and use of tenants, including basement, mezzanine, and upper floor areas. Gross leasable area does not include areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, utility rooms, lobbies, enclosed malls and parking garages.

(c)

A special permit for a regional shopping center may include or may be amended to permit a division or divisions of the land comprising a regional shopping center, except each separate parcel need not comply with frontage, setbacks, lot coverage, minimum building area and floor area, off-street parking and off-street loading requirements of the zoning regulations, including this section, provided that all of the parcels continue to function as integrated parts of the approved regional shopping center.

(d)

For purposes of compliance with the zoning regulations, including this section, and regardless of ownership, all land comprising a regional shopping center, including any portions located in an adjoining town, shall be considered as if all such land was entirely located within the Borough of Naugatuck.

32.11.8 Additional submission requirements. The applicant shall submit the following documents in addition to those specified in sections 32.3.1 through 32.3.11:

1.

Traffic impact report: A traffic impact report from a traffic expert setting forth his/her findings and conclusions on the impact of traffic to be generated by the regional shopping center on the neighborhood and the adequacy of the prospective traffic improvements.

2.

Landscaping plan: A landscaping plan prepared by a Connecticut registered landscape architect at a reasonable scale showing the location of buildings upon the site, off-street parking, circulation layout, lighting standards, proposed landscaping and planting layout and pedestrian walks.

3.

Environmental impact study: A report setting forth his/her findings and conclusions on the impact that the regional shopping center will have on any environmental and natural resource areas on or adjacent to the site or within the immediate area.

33.1  Purpose: Planned development districts may be established by the zoning commission in accordance with the procedures hereinafter specified when it is found to be in the public interest to create an integrated industrial development in which buildings, structures and facilities may be constructed and used for different and mixed uses to use for industrial, public, municipal, office and commercial. Moreover, it is the purpose of this district to consider all land as a single unit of development for the purpose of site planning and utilities so that there is a coordinated and orderly plan of development while maintaining the option of individual ownership of lots within the district. (5-30-86)

33.2  Qualifying standards: The zoning commission upon the application of the owner(s) or owner(s) of contiguous land totaling at least ten (10) acres may establish such a district. Prior to establishment of a planned development district, the zoning commission shall determine:

33.2.1 That such development is desirable for the physical and economic growth of the community.

33.2.2 That such development will not detract from the character and value of the adjoining property.

33.2.3 That such development has direct access to the major state highways; Route 8 and its egresses and ingresses, Route 63, Route 68 and also Water Street and Rubber Avenue from the intersection of Old Firehouse Road to the intersection of Newman Street.

33.2.4 That such development shall be served by public sewer and public water facilities.

33.2.5 That such development meet all section 24 standards pertaining to an I-2 district. (5-30-86)

33.3  Petition: A petition for the establishment of a planned development district shall be submitted in writing to the zoning commission and simultaneously to the borough planning commission and shall be signed by the owners of all parcels within the proposed district. The petition shall be accompanied by the following:

33.3.1  Statement: A written statement specifying in detail the particular provisions of these regulations which are proposed to be applicable or inapplicable within the district and the special or additional provisions which are proposed to be applicable to the use of land, buildings and other structures, the location and bulk of buildings and other structures, and the area, shape and frontage of lots within the district. Ten (10) copies shall be submitted to each commission.

33.3.2  Development plans: A development plan for the proposed development, including site plans, architectural plans and other drawings as relevant, in sufficient detail to show the precise boundaries of the proposed district and the character and location of existing and proposed contours, uses, building and other structures, signs, outdoor illumination, streets, driveways, off-street parking and loading spaces, outside storage areas, watercourses, storm drainage, sewage disposal facilities, water supply facilities, and landscaping. Four (4) copies shall be submitted to each commission.

33.3.3  Soil erosion and sedimentation control plan: A soil erosion and sedimentation control plan drawn to a scale of not less than one hundred (100) feet to the inch containing proper provisions to adequately control erosions [erosion] and sedimentation and reduce the danger from stormwater runoff on the proposed site. The plan shall show existing and proposed topography, cleaned and graded areas, proposed area alterations and the location of the detailed information concerning erosion and sediment measures and facilities. The narrative shall describe the project, the schedule of major grading and construction activities on the land. The application of conservation practices, design criteria, construction detail and the maintenance program for the installed erosion and sediment control facilities. Five (5) copies shall be submitted. The erosion and sedimentation control plan shall be prepared by and bear the seal of a professional engineer, architect or landscape architect licenses [licensed] to practice in the State of Connecticut. (Also, see section 35.) (5-30-86)

33.3.4  Fee: A petition fee of five hundred dollars ($500.00).

33.4  Procedure: After receipt of complete petitions for a planned development district and after receipt of the borough planning commission report or the lapse of the sixty-five-day period, the commission shall hold a public hearing on the petition in the same manner and with the same notice as required for amendment of these regulations. The report, if any, of the borough planning commission shall be read at such public hearing. The zoning commission may adopt the planning development district thereby amending these regulations and the zoning map. If the planned development district is adopted by the zoning commission, notice of such adoption shall be given as required for amendment of these regulations, and the planned development district, appropriately numbered, shall be shown on the zoning map. Before or after adoption of the planned development district and prior to approval of an application for a certificate of zoning compliance by the zoning enforcement officer, the zoning commission may require the petitioner to submit detailed specifications for particular aspects of the proposed development in order that such specifications may be reviewed and may be approved by the zoning commission after finding that they are consistent with the qualifying standards and development plan and are made a part of the conditions under which an application for a certificate of zoning compliance is approved.

33.5  Additional limitations: Adoption of a planned development district by the zoning commission shall constitute authorization to establish the uses, buildings, structures and site development in accordance with the standards and development plan adopted by such commission for the district and in accordance with detailed specifications approved by such commission. The development authorized by the district shall be completed within four (4) years from the effective date of the district, except that the zoning commission may extend the time for completion for one-year periods after public hearing for good cause demonstrated to the satisfaction of the commission; otherwise the commission shall be deemed authorized by the owner or owners of land within the district to amend these regulations and the zoning map, deleting the planned development district and establishing for such land the previous or another zoning district.

33.6  Change of plans: Any change of plans shall require the approval of the zoning commission. Moreover, where the commission determines that the proposed change of plans will significantly alter the character, density, size, design and/or spacing of land and buildings so as to make the proposed plans inconsistent with the purposes of the planned development district, as specified in section 33.1. Another public hearing shall be required in accordance with section 33.4.

33.6.1  Fee: A petition fee for a change of plans shall be one hundred fifty dollars ($150.00).

33.7  Certification of soil erosion and sedimentation control plan: The commission shall certify that the soil erosion and sedimentation control plan complies with the requirements of paragraph 32.3.10 and furthermore, site development shall not begin unless the soil erosion and sedimentation control plan and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional. All control measures and facilities shall be maintained in effective condition to ensure compliance with the certified plan. (5-30-86)

33.8  Certificate of public convenience: A certificate of public convenience approved by the Connecticut department of health services and public utility control commission [shall] be demonstrated to the commission whenever the development is to be supplied with water from a small water company. (See section 4.33.) (5-30-86)

34.1 General: The borough planning commission may approve an open space plan simultaneously with the approval of a subdivision plan under the subdivision regulations of the Borough of Naugatuck, to permit establishment of an open space subdivision plan involving reduction of lot area and lot shape requirements and reduction of certain yard and setback requirements applicable in any residence R-45 or R-30 district in order to accomplish one (1) or more of the open space purposes specified in paragraph 34.2 of this section. Before the planning commission shall approve an open space subdivision, an application shall be submitted to such commission in accordance with the procedures, standards and conditions herein specified. Such commission shall follow the procedures herein specified, and before approving any open space subdivision, shall find that the standards and conditions herein specified have been met and that the open space subdivision will accomplish one (1) or more of the open space purposes stated and will be in harmony with the purposes and intent of the zoning regulations.

34.2 Purpose: The borough planning commission may approve an open space subdivision to permit establishment of an open space subdivision plan if it finds that the plan will accomplish one (1) or more of the following purposes:

34.2.1 To preserve land as unsubdivided and undeveloped open space which preserves or enhances the appearance, character and natural beauty of an area;

34.2.2 To preserve land for parks and recreational purposes;

34.2.3 To preserve land for purposes of conserving natural resources;

34.2.4 To preserve land and protect particular areas and terrain having qualities of natural beauty or historic interest;

34.2.5 To protect streams, rivers and ponds so as to avoid flooding, erosion and water pollution.

34.3 Application: Application for an open space subdivision shall be submitted in writing to the borough planning commission and shall be accompanied by the following:

34.3.1 A written statement describing the open space purpose to be accomplished and the proposed method of preservation and disposition of the open space land. Four (4) copies shall be submitted.

34.3.2 A preliminary subdivision map as specified in the subdivision regulations of the Borough of Naugatuck and showing a proposed subdivision of the land in conformity with the regular residence R-45 or R-30 district requirements as applicable. Four (4) copies shall be submitted.

34.3.3 A subdivision map as specified in the subdivision regulations of the Borough of Naugatuck, and showing the proposed subdivision of the land as an open space subdivision plan. Four (4) copies shall be submitted.

34.3.4 Such additional information that such commission may deem necessary to make a reasonable decision on the application.

34.3.5 An application fee of one hundred fifty dollars ($150.00).

34.4 Standards and conditions: The application for open space subdivision plan shall conform to the following standards:

34.4.1 Area of subdivision: The acreage covered by the open space subdivision plan shall consist of not less than twenty-five (25) acres if located within the residence R-45 district and not less than fifteen (15) acres if located within the residence R-45 or R-30 district.

34.4.2 Location: The area covered by the proposed open space subdivision plan shall be located entirely within the residence R-30 district.

34.4.3 Number of lots: The number of building lots shown on the open space subdivision plans shall not exceed the number that could be created in conformity with the regular residence R-45 or R-30 district requirements, as applicable, and the subdivision regulations of the Borough of Naugatuck as indicated on the preliminary subdivision plan submitted under paragraph 34.3.2.

34.4.4 Lot area, shape and other requirements: In the residence R-45 district, each lot shall have a minimum area of thirty thousand (30,000) square feet; in the residence R-30 district, each lot shall have a minimum area of twenty thousand (20,000) square feet. In residence R-45 district, each lot shall be of such shape that a square with one hundred fifteen (115) feet on each side will fit on the lot and shall have a minimum frontage of one hundred fifteen (115) feet on a street. In a residence R-30 district, each lot shall be of such shape that a square with ninety-five (95) feet on each side will fit on the lot and shall have a minimum frontage of ninety-five (95) feet on a street. In residence R-45 district, buildings and other structures may extend to within thirty-five (35) feet of any street line or rear property line and to within twenty-five (25) feet of any side or other property line. In residence R-30 district, buildings or other structures may extend to within thirty (30) feet of any street line or rear property line and to within twenty (20) feet of any side or other property line.

34.4.6 Open space, land: The open space subdivision plan shall result in preservation of open space land with suitable access, shape, dimension, character, location and topography to accomplish one (1) or more of the open space purposes specified in paragraph 34.2. Such open space land shall be shown on the open space subdivision plan and shall be labelled in a manner approved by the borough planning commission and is not to be used for building lots.

34.4.7 Disposition: The method of preservation and disposition of the open space land shall accomplish the open purposes and shall be subject to the approval of the borough planning commission. The open space land shall first be offered to the Borough of Naugatuck as permanent community-owned open space. Should forty-five (45) days elapse after such offer without the borough electing to accept transfer of title to the land, another method may be used to preserve and dispose of the open space land. The method used may include, but is not limited to:

a.

Establishment of a neighborhood association to own and maintain the land for the open space purposes intended; or

b.

Transfer of the land to an institution, person, organization or other entity to own and maintain the land for the open space purposes intended.

34.4.8 Area of open space land: The area of the open space land shown on the open space subdivision plan shall not be less than twelve thousand five hundred (12,500) square feet in residence R-45 districts, and seven thousand five hundred (7,500) square feet in residence R-30 districts, times the number of building lots indicated on the preliminary subdivision plan submitted under paragraph [34.3].

34.5 Action:

34.5.1 Hearing: The borough planning commission shall hold a public hearing on the application. Notice of the time and place of such hearing shall be published in a newspaper having a substantial circulation in the borough at least twice, at intervals of not less than two (2) days the first not more than fifteen (15) days, nor less than ten (10) days, and the last not less than two (2) days before the date of such hearing.

34.5.2 Park commission review: A copy of the proposed open space subdivision map shall be forwarded to the park commission for its review. No open space subdivision shall be approved until a written report from said commission is received by the planning commission.

34.5.3 Approval: Within sixty-five (65) days after close of the public hearing, such commission shall approve or disapprove the application. Such commission may approve the application if it finds that one (1) or more of the open space purposes specified in paragraph 34.2 will be accomplished, that the standards and conditions of paragraph 34.4 have been met and that the open space subdivision plan will not be detrimental to the health, safety and property values in the neighborhood. In granting the open space subdivision, the commission may attach such conditions that it deems necessary to preserve the purpose and intent of these regulations.

34.5.4 Endorsement: The approval of the open space subdivision shall be noted on the subdivision map to be recorded in the office of the Naugatuck town clerk. The map shall be signed by the chairman of the borough planning commission with the date of approval indicated on the map.

34.5.5 Expiration: Any open space subdivision granted under these provisions shall become null and void ninety (90) days from the date the open space subdivision was granted if the subdivision map for which the subdivision was granted has not been recorded in the office of the Naugatuck town clerk.

34.6 Permitted uses: Any building lot on an approved open space subdivision plan shall be used only for a single family house and accessory structures and customary home occupations as specified in schedule A of these regulations.

34.7 Area, location and bulk requirements: Except for the variations specified in section 34.4.4, any building lot shown on an approved open space subdivision plan shall be subject to all of the requirements of section 24 and schedule B ordinarily applicable to building lots in residence R-45 and R-30 districts.

34.8 Open space land: The open space land shown on an approved open space subdivision plan shall not be used for any other purpose other than that contained in section 34.2 and shall remain as open space.

35.1 Soil erosion and sedimentation control plan: As required in sections 31, 32, 33 and 37 is a soil erosion and sedimentation control plan from the inland wetlands commission of the Borough of Naugatuck. A written report from said commission approving the applicant's erosion and sedimentation control plan. The applicant shall also submit five (5) copies of the approved control plan drawn to a scale of not less than one hundred (100) feet to the inch, containing proper provisions to adequately control erosion and sedimentation and reduce the danger from stormwater runoff on the proposed site. The plan shall show existing and proposed topography, cleared and graded areas, proposed area alterations and the location of and detailed information concerning erosion and sedimentation measures and facilities. The narrative shall describe the project, the schedule of major grading and construction activities on the land, the application of conservation and the maintenance program for the installed erosion and sediment control facilities wherever one-half acre or more of land will be disturbed. The erosion and sedimentation control plan shall be prepared by and bear the seal of a professional engineer, architect or landscape architect licensed to practice in the State of Connecticut.

35.2 Definitions:

35.2.1 Certification: A signed, written approval by the inland wetlands commission that a soil erosion and sediment control plan complies with the applicable requirements of these regulations;

35.2.2 Commission: The inland wetlands commission of the Borough of Naugatuck;

35.2.3 Development: Any construction or grading activities to improved or unimproved real estate;

35.2.4 Disturbed area: A disturbed area is any area where the ground cover is or will be destroyed or removed thereby leaving the land subject to accelerated erosion;

35.2.5 Erosion: The detachment and movement of soil or rock fragments by water, wind, ice or gravity;

35.2.6 Grading: Any excavating, grubbing, filling (including hydraulic fill), or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition;

35.2.7 Inspection: The periodic review of sediment and erosion control measures shown on the certified plan;

35.2.8 Sediment: A solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion;

35.2.9 Soil: Any unconsolidated mineral or organic material of any origin;

35.2.10 Soil erosion and sediment control plan: A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a site plan map and narrative.

35.3 To be eligible for certification, a soil erosion and sediment control plan shall contain provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on the proposed site based upon the best available technology. Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Alternative principles, methods and practices may be used providing that prior approval of the commission has been received.

35.4 Said plan shall contain, but is not limited to:

35.4.1 A narrative describing:

a.

The proposed development;

b.

The proposed schedule for grading and construction activities including:

1.

The sequence of grading and construction activities;

2.

The sequence for installation and/or application of all soil erosion and sediment control measures;

3.

The sequence for final site stabilization;

c.

The design criteria for proposed soil erosion and sediment control measures;

d.

The construction details for proposed soil erosion and sediment control measures;

e.

The installation and/or application procedures for proposed soil erosion and sediment control measures, and;

f.

The operation and maintenance program for proposed soil erosion and sediment control measures.

35.5 Minimum acceptable standards:

35.5.1 Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the principles as outlined in chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Soil erosion and sediment control plans shall result in a development that:

a)

Minimizes erosion and sedimentation during construction;

b)

Is stabilized and protected from erosion when completed, and;

c)

Does not cause any off-site erosion and/or sedimentation problems.

35.5.2 The minimum erosion and sedimentation control standards for individual measures are those in the Connecticut Guidelines for Erosion and Sediment Control (1985), as amended. The commission may grant exceptions to these minimum standards when requested by the applicant only when technically sound reasons are presented.

35.6 Certification/denial of erosion and sediment control plans: The commission shall certify a soil erosion and sediment control plan when the plan complies with the requirements and objectives of these regulations. When the soil erosion and sediment control plan fails to comply with these regulations, the commission shall deny certification of the plan.

35.7 The developer/owner shall be responsible for maintaining all erosion and sediment control measures and facilities in proper working order throughout the life of the project.

35.8 Inspections: Inspections shall be made by the commission or its designated agent during development to ensure compliance with the certified plan and that control measures and facilities are properly installed and maintained.

35.9 Enforcement: Enforcement of the soil erosion and sediment control regulations shall be the responsibility of the commission or its designated agent. Failure to properly install and/or maintain any erosion and sediment control measures may result in the issuance of a stop work order until the problem is satisfactorily corrected.

36.1 Fixed-wing aircraft.

36.1.1 The take off or landing of fixed-wing aircraft or the establishment of a site for the take off or landing of such aircraft is prohibited within the Borough of Naugatuck.

36.1.2 Emergency landings:

a.

The emergency forced landing of a fixed-wing aircraft within the Borough of Naugatuck shall not be considered a violation of these regulations;

b.

Any fixed-wing aircraft landing as provided for in section 36.1.2a shall be prohibited from resuming flight from any site within the Borough of Naugatuck.

36.2 Helicopters/vertical take off and landing aircraft (VTOL).

36.2.1 The regulated take off or landing of any helicopter/VTOL or the establishment of a site for the take off or landing of such aircraft within the Borough of Naugatuck shall be subject to the following restrictions:

a.

The site shall be accessory to and located at a facility housing emergency medical services available to the public or such site shall be accessory to and located at a public safety facility at which ambulance and other emergency vehicles are housed.

b.

The establishment of such a site shall be subject to the granting of a special permit as provided for by section 32 of these regulations and approval of federal and state authorities.

c.

Any site shall be approved exclusively for and limited to emergency situations. The use of said site for nonemergency take off and landings is prohibited.

d.

The special permit approving said site shall remain valid only so long as the requirements of subsection 36.2.1a are met.

36.2.2 The take off and landing anywhere within the Borough of Naugatuck of any helicopter/VTOL participating in an emergency shall not be considered to be in violation of these regulations.

36.2.3a The emergency forced landing of any helicopter/VTOL within the Borough of Naugatuck shall not be considered to be a violation of these regulations;

   b. Any helicoper/VTOL landing as provided for in section 36.2.3a shall be prohibited from resuming flight from any site within the Borough of Naugatuck.

36.3 The landing of any helicopter/VTOL, regardless of ownership, except as provided for by these regulations is expressly prohibited.

37.1 Standards: It is the intent of this section to provide for administrative site plan review and approval for the following purposes and in accordance with the following standards:

37.1.1 Compliance: To determine compliance with all appropriate regulations;

37.1.2 Access: To regulate vehicular and pedestrian access on and to the property in such a manner as to avoid undue hazards and undue traffic congestion of any public or private street.

37.1.3 Driveways: To require that there be no more than two (2) driveways entering any lot from any one (1) street, except that there may be one (1) additional driveway for each additional three hundred (300) feet of lot frontage, or fraction thereof, in excess of three hundred (300) feet. Driveways shall not exceed thirty (30) feet in width at the street line unless a greater width is required by the State of Connecticut or as otherwise required by these regulations.

37.1.4 Parking and loading: To determine whether or not off-street parking and loading will be suitably designed, paved, and drained in such a manner as to promote traffic safety and to protect public health and shall conform to the standards of section 42.

37.1.5 Utilities: To determine whether or not suitable provision has been made for water supply and sewage disposal in accordance with applicable standards of the Naugatuck Valley Health District.

37.1.6 Landscaping: To provide for permanently maintained landscaping on the lot to accomplish the following purposes:

a.

Business districts: In business districts, no part of the area required for setback from a residence district boundary line shall be used for off-street parking and loading. A strip of land, not less than ten (10) feet in width in business district #1 and not less than twenty (20) feet in width in business district #2 and business district #3, along and adjacent to any residence district boundary line shall be suitable [suitably] landscaped with lawns and with trees and/or shrubs.

b.

Industrial district #2: In industrial district #2, no part of the area required for setback from a residence district boundary line shall be used for off- street parking or loading spaces or driveways in connection therewith. No part of the area required for setback from a street line shall be used for off-street loading spaces and no more than fifty (50) percent of such area shall be used for driveways and/or off-street parking; the area required for setback from a street line shall be suitably landscaped with lawns, trees and/or shrubs, washed gravel or ornamental brick or stone pavement except for sidewalks and permitted driveways and off-street parking spaces. Along and adjacent to any residence district boundary line, as [a] trip [strip] of land not less than thirty (30) feet in width shall be left in its natural state if already wooded or shall be landscaped with lawns and/or shrubs.

c.

To provide landscaped planting areas within or adjacent to off-street parking and loading areas in such a manner as to enhance the appearance of the area. The planting areas shall consist of

planting strips or islands no less than eight (8) feet in width which are within or from a landscaping border adjacent to the parking and loading areas.

37.1.7 Soil erosion and sedimentation control: Design and construction of any development including related streets, drainage and other improvements shall be executed in a manner so that such improvements will not cause soil erosion or sedimentation on the property being developed, or on surrounding properties, wetlands or watercourses. (See section 35.)

37.1.8 Lighting: To determine the location, height, design and arrangement of outside lighting in order to avoid glare on any other lot and avoid hazards to traffic on any street.

37.2 Application: Application for site plan approval shall be submitted in writing to the zoning enforcement officer, shall be accompanied by an application for a certificate of zoning compliance and shall also be accompanied by the following:

37.2.1 Site plan: A site plan, drawn to a scale of not less than one hundred (100) feet to the inch, showing existing and proposed contours, property lines, buildings, structures, signs, outdoor illumination, streets, driveways, off-street parking and loading spaces, outside storage areas, watercourses, storm drainage, sewage disposal facilities, water supply facilities and landscaping (including trees and/or shrubs, lawn, other landscaped terrain not to be disturbed) shall be prepared by and bear the seal of an architect or professional engineer or land surveyor licensed to practice in the State of Connecticut.

37.2.2 Architectural plans: Preliminary architectural plans of all proposed buildings, structures and signs, including general exterior elevations, perspective drawings and generalized floor plans and including drawings for proposed signs. Four (4) copies shall be submitted.

37.2.3 Certificate of public convenience: A certificate of public convenience accompanied by a water supply plan approved by the Connecticut department of health services and public utility control whenever water is to be supplied by a small water company. Four (4) copies shall be submitted.

37.2.4 Soil erosion and sedimentation control plan: A soil erosion and sedimentation control plan as described in section 35.

37.2.5 Inland wetlands report: A written report from the Naugatuck inland wetlands commission as described in section 32.3.4.

37.2.6 Architectural and landscape review board report: A report as described in section 32.3.8.

37.2.7 Sanitation: A sanitation certificate endorsed by the Naugatuck Valley Health District or a water pollution control board report as described in section 32.3.6.

37.2.8 Other: The zoning commission may by resolution waive the submission of all or part of the information required under sections 37.2.1 through 37.2.7, or may request additional information.

37.2.9 Fee: Seventy-five dollars ($75.00).

37.3 Procedure: Application shall be received only at a regular meeting of the borough zoning commission, but must be filed in the office of the zoning enforcement officer at least seven (7) days prior to such meeting for review and placement on the agenda. The borough zoning commission shall approve, approve subject to modification, or disapprove the application within sixty-five (65) days after the application has been received at a regular meeting and determined to be complete. Failure of the commission to act thereon shall be considered as an approval and a certificate to that effect shall be issued by the commission upon written demand by the applicant received within thirty (30) days after the expiration of the sixty-five-day period for action. An extension of the sixty-five-day period for action may be had with the written consent of the applicant. The grounds for decision of an application shall be stated by the borough zoning commission in its records.

37.4 Certification of soil erosion and sedimentation control plan: The commission shall certify that the soil erosion and sedimentation control plan complies with the requirements of section 37.2.4. Furthermore, site development shall not begin unless the soil erosion and sedimentation control plan and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional. All control measures and facilities shall be maintained in effective condition to ensure compliance with the certified plan.

37.5 Certificate of occupancy: No certificate of occupancy shall be issued until it has been determined by the zoning enforcement officer that all provisions of the site plan as approved by the zoning commission have been complied with. In those cases where seasonal conditions prevent compliance with the provisions of the site plan before the building is complete, the zoning enforcement officer may authorize issuance of the certificate of occupancy on the condition that all provisions of the plan are complied with as the season permits. Noncompliance with the stated time shall make approval null and void unless further extended for good cause.

37.6 Revisions and extensions: Any substantial revision of an approved site plan application and any reconstruction, enlargement, extension, moving or structural alteration of an approved site plan use or any building or structure in connection therewith shall require submission of a site plan application as for the original application, including applicable fees.

37.7 Condition of approval: Any person, firm or corporation having obtained approval of a site plan application under this section shall complete all work and comply with all conditions of approval of said site plan approval within two (2) years after said approval. In the event all such work and/or all such conditions are not completed within said time, the approval granted shall become null and void. The borough zoning commission may by resolution and without public hearing extend its approval for one-year periods for good cause shown.

37.8 Change of use: For any property where a site plan has already been approved and the occupancy changes so that the new occupancy falls under a different part of section 23, schedule A, permitted uses, from that use that was previously approved, a new site plan application shall be necessary. Such site plan shall be reviewed by the zoning enforcement officer, and the zoning enforcement officer or his/her designated agent shall be allowed to approve administratively, such changes if: (1) there is not additional exterior construction except for signs on the previously approved property, and (2) if the parking requirements for the new use are the same or less than the previous use. Such approval by the zoning enforcement officer or his/her designated agent shall allow occupancy by the new use immediately. Such action shall be reviewed and, if in accordance with the zoning regulations, shall be ratified by the commission at its next scheduled meeting. Any approval by the zoning enforcement officer or his/her designated agent, shall state that it is subject to review by the borough zoning commission. In case of any change as described above, where either additional parking or any exterior structural alterations, additions or renovations are involved, a site plan shall be submitted to the borough zoning commission as per the normal procedure under section 37. (5-1-90)