Newtown City Zoning Code
§ B70-10.00
Purpose; specifications and standards.
A.
Purpose. The Site Development Plan approval process is hereby established by the Zoning Commission in an effort to aid in the upgrading of future development of the Borough of Newtown; in an effort to encourage the appropriate development in the use of land and buildings; and in an effort to diminish detrimental effects on neighborhood characteristics and property values.
B.
Site Development Plan approval is required for any development involving the erection of any new structure greater than 1,500 square feet in area and/or the reconstruction, enlargement, extension or structural alterations of existing structures which would result in an increase in the gross floor area of greater than 1,500 square feet. Excepted from this requirement are the lawful construction, alteration and occupancy of single family dwellings and uses accessory thereto.
C.
The Commission shall require an application on a form which it prescribes. Said application shall contain a written statement of the proposed use, appropriate information concerning the applicant and his interests in the property for which Site Development Plan approval is being sought.
D.
In addition, the following information shown either on a Site Development Plan, supplemental plans drawn to a scale of not less than one inch equals 40 feet (except where otherwise specified), said plan not to exceed 25 inches by 37 inches, reports or documents:
(1)
Name and address of owner and of developer, if different.
(2)
Scale, north arrow, date, and zone classification.
(3)
Signature and seal of a professional engineer, and/or surveyor, and/or architect, where applicable, licensed to practice in Connecticut.
(4)
Names of all abutting property owners. All zone or municipal boundaries within 1,000 feet of the property.
(5)
Perimeter of property involved together with total property area.
(6)
A map showing the proposed area of construction at a scale of not less than one inch equals 20 feet.
(7)
All proposed improvements to the property, including paved parking areas, walks, landscaping, building setback dimensions, wells or water supply, septic systems (including 100% reserve area), drainage with invert elevations at basins, and pipe size, utilities, signs, (size, type and location), outdoor lighting, erosion control and curbing (with all radii shown).
(8)
The location of each proposed septic system, detailed design computations for septic systems including type of sewage, equipment data sources and layout of system and the location and results of each deep test hole and percolation test and/or approval from WPCA.
(9)
Preliminary building plans including schematic floor plans, exterior elevations and perspective drawings.
(10)
Existing and proposed contours at intervals not to exceed five feet, smaller intervals may be necessary to show characteristics of that terrain. Proposed spot elevations at strategic locations.
(11)
The volume of earth to be removed from the site or to be filled into the site.
(12)
All existing topographical features on and within 50 feet of the property, structures, paved areas, foliage limits, wetlands, watercourses, underground utilities, septic systems, wells, isolated trees, stone walls, driveways, paths, ledge outcroppings or boulders, easements and building setback lines.
(13)
Proposed open space such as parks, lawn areas and recreation facilities and such proposed covenants, easements and other provisions relating to dimensions, location and density of such buildings and public facilities as are necessary for the welfare and maintenance of the development and are not inconsistent with the best interests of the Borough.
(14)
The percentage of building coverage and lot coverage.
[Amended 4-10-2019, effective 4-22-2019]
(15)
Location and dimensions of loading, storage, refuse collection, exterior machinery and equipment, and parking areas including the location, dimensions and number of vehicle spaces and traffic islands.
(16)
Proposed vehicular and pedestrian circulation patterns including location and dimensions of private and public streets and common drives.
(17)
Field measurements of sight distances in both directions from each access to Town and State Roads.
(18)
A traffic survey of the area or any other information which the Commission may reasonably require or the applicant may wish to submit.
(19)
If filed with a Village District application, a block face drawing in accordance § B70-12F5, Streetscapes.
[Added 4-10-2019, effective 4-22-2019]
E.
In addition, the Commission shall receive the following:
[Amended 4-10-2019, effective 4-22-2019]
(1)
A statement from the Fire Marshal on firefighting feasibility of the proposed development, recommendations and/or approval.
(2)
An inland/wetlands license from the Conservation Commission, if required.
(3)
A statement from the Borough Engineer detailing recommendations and/or approval.
(4)
Approvals from the Water/Sewer Authority and Aquarion if required by the Commission and normally obtained as a stipulation detailed in the Commission's approval of the application.
(5)
A statement from the Police Department detailing recommendations and/or approval.
(6)
A statement from the Conservation Director detailing comments, recommendations and/or approval.
(7)
A statement from the Health Department on the water and wastewater disposal needs of the development, recommendations and/or approval.
(8)
A statement from the Planning Commission that the application is in accordance with the Town of Newtown Plan of Conservation and Development.
(9)
A report from the Village District's consultant per § B70-12.05A if required.
F.
No Site Development Plan shall be approved by the Commission unless it finds that the following standards and criteria have been or will be met:
(1)
The architectural design and renderings of buildings, including among other elements, the building material, roofline and building elevations, shall be of such character as to harmonize with the neighborhood, and to protect property values in the neighborhood.
(2)
All details of the Site Development Plan are designed and arranged so as not to create a health or safety hazard to persons or property on or off the road on which the development is planned.
(3)
All details of the Site Development Plan are planned to conserve as much of the natural terrain and vegetation as possible.
(4)
All details of the Site Development Plan are planned to minimize excessive light and noise.
(5)
All details of the Site Development Plan are in keeping with the general intent and spirit of the Borough Zoning Regulations.
(6)
Utilities and drainage have been so laid out so as not to unduly burden the capacity of such facilities.
(7)
The streets and drives will be suitable and adequate to carry anticipated traffic within the site.
(8)
All applicable sections of these Regulations and all other applicable Borough, Town or State Laws, ordinances, regulations, or codes shall be complied with.
G.
The Commission may at its discretion hold a public hearing on any proposed development requiring a Site Development Plan. Said public hearing shall be heard within 65 days of the submission of a complete Site Development Plan.
H.
Notice of such public hearing shall be warned in the same manner as an amendment to these Regulations.
I.
Minor changes in an approved Site Development Plan may, with the written approval of the Zoning Enforcement Officer, be made, provided such changes shall in no way affect the overall layout, design, density, impact or nature of the Site Development Plan. Such minor changes may include, but are not limited to, the locations of catchbasins, manholes and other technical aspects of drainage, slight alterations of the location of roads, structures or buildings due to unforeseen topographical or geological features, slight alterations of finished contours, minor rearranging of lighting standards. If the Zoning Enforcement Officer shall have any question as to whether such a proposed change is minor, such change shall require the review and written approval of the Commission.
J.
The applicant shall notify the Commission of any proposed change to the approved site plan and shall obtain the approval of the Commission of any change to such approval prior to implementation thereof. Prior to the issuance of any Certificate of Occupancy, the applicant shall submit to the Commission a certification by each of the applicant's engineers and architects that there are no variances or deviations from the approved site development plan. The certification required by this section shall be deemed to be of the essence of a Certificate of Occupancy issued in reliance thereon.
K.
Any site plan approval granted by the Zoning Commission shall cease to be effective two years after the date of issuance.