10.1

Uses allowed after Site Plan review are permitted either after administrative review or after review by the Planning and Zoning Commission depending upon the scale of the development as specified in Section 8.1 a. Uses permitted by administrative approval are subject to the same general requirements as stated in Section 9.1. Uses requiring approval from the Planning and Zoning Commission are subject to these same general requirements as well as the requirements of Section 10.5.

10.2

The zoning application for a use allowed by administrative approval shall require a Plot Plan containing enough information to demonstrate compliance with these regulations and may require generalized floor plans for the purpose of calculating parking requirements, building elevations and topographic data. The appropriate official including the Zoning Enforcement Officer, the Town Planner and Town Engineer has the authority to determine whether a Site Plan Review is necessary.

10.3

The following Regulations shall apply to the submission and approval of Site Plans for the establishment of certain uses of land, buildings and other structures as specified in these Regulations. In certain zoning districts, uses are permitted subject to approval of a Site Plan for the use in order:

10.3.1

To assure an agreeable relationship between the use and other nearby uses or areas.

10.3.2

To establish high quality of development, improving the economic conditions of the Town and preserving property values.

10.3.3

To assure provision for safe vehicular, non-motorized and/or pedestrian passage.

10.3.4

To implement the Plan of Conservation and Development.

10.4

General. Certain Uses of Premises, Buildings and other Structures, and the construction, reconstruction, Expansion, Extension, moving an Alteration of Buildings, and other Structures and site development in connection therewith, and any changes in site development of a previously approved site development plan, are permitted under these Regulations subject to the submission of a Site Plan and approval by the Planning and Zoning Commission under this Section. In any instance involving a Use or Uses requiring a Site Plan as set forth in Section 8 of these Regulations, no land or water areas shall be Used, nor Uses altered or expanded in space, time, or intensity, nor Buildings or Structures erected, altered, enlarged, or used until the Commission shall grant such Site Plan in accordance with Section 10.

10.5

Submission Requirements. The Site Plan submission shall consist of the following:

10.5.1

Application Form and Fee. The completed Site Plan application form as adopted by the Planning and Zoning Commission, and the payment of the application fee as provided by Town Ordinance.

10.5.2

Statement of Use. A written statement, signed by the applicant, and by the owner if different from the applicant, describing the following in sufficient detail to determine compliance with these Regulations and to establish the nature and extent of site occupancy as proposed; ten (10) copies (minimally three (3) 36" × 24") shall be submitted.

a.

A detailed narrative description as to the nature and extent of the proposed use or occupancy.

b.

Provision to be made for water supply, sewage disposal, solid and liquid waste disposal, drainage, and other utilities.

c.

The number of persons estimated to occupy or visit the premises daily, and the basis for determining the parking and loading requirements for the use, provisions for pedestrian access within and into the site, where appropriate.

d.

An estimate of the type of vehicular traffic and number of vehicle trips to be generated daily and at peak hours.

e.

The equipment or other methods to be established to comply with required performance standards; and

f.

Disclosure of any toxic or hazardous materials to be used, stored, or processed in connection with the proposed use or occupancy

10.5.3

Site Plan. A Site Plan prepared in accordance with the specifications and showing the information hereinafter required; ten (10) (minimally three (3) 36" × 24") copies shall be submitted.

a.

Preparation. The Site Plan shall be clearly and legibly drawn on good quality paper. The Site Plan shall be prepared by and shall bear the name, signature, and seal of a licensed land surveyor, professional engineer, architect and/or landscape architect, each as required by law for preparation of parts of the Site Plan and licensed to practice in the State of Connecticut. The seal shall be impressed on all copies of the Site Plan presented for approval.

b.

Size and Scale. The Site Plan shall be drawn to a scale of not less than 1" = 40' or such greater scale as may be necessary to show the site development features clearly and in detail. The parts of the Site Plan that are intended for approval and will be required to be endorsed and filed in the office of the Seymour Town Clerk shall be prepared on sheet sizes 36" × 24", 24" × 18" or 18" × 12".

c.

Information on Plans. The information listed below is required to be shown on the Site Plan to the extent that the information occurs on, is applicable to the site, or is required to demonstrate compliance with these Regulations. The title of individual Site Plan sheets and orientation of north arrows shall, to the extent practicable, be consistent from one sheet to the other.

d.

General Information, as follows:

(i)

Title of development.

(ii)

Name and address of applicant and owner.

(iii)

North arrow, numerical and graphic scale.

(iv)

Date of plan and revision dates with each revision identified.

(v)

A location map showing streets, property lines and zoning district boundary lines within five hundred (500) feet of the site, and an index map if the proposed site development is divided into sections or phases or is of such size that more than one sheet for each plan element is provided.

(vi)

A schedule specifying in square feet the area of the lot, certified by a Connecticut Licensed Land Surveyor: the area of wetlands and water courses, as determined by a Certified Soils Scientist and calculated by a Connecticut Licensed and Surveyor; amount of floor area by use, building ground coverage and total coverage by building and paving and the basis for computation of required off-street parking and loading spaces, all for existing development, proposed development and as required by these Regulations.

e.

Property Information, as follows:

(i)

The boundaries of and existing conditions on the Lot based on a survey meeting or exceeding a "Class A-2" type survey as defined in the Regulations of State Agencies adopted pursuant to Connecticut General Statutes § 20-00b, as amended

(ii)

The names of all Abutting Lot owners, as disclosed in the records of the Town Assessor.

(iii)

Any line delimiting a portion of the Lot to be used under the Application and any Zoning District boundary on the Lot.

(iv)

Location, width and purpose of all existing and proposed Easements and other encumbrance lines.

(v)

Existing and proposed grading contours at an interval not exceeding two (2) feet, or equivalent ground elevations, based on Mean Sea Level, including identification of a benchmark at the site.

(vi)

Location of all Wetlands, Watercourses, rock outcrops, wooded areas, floodway, and flood hazard area boundaries, established encroachment or Building lines, and other significant physical features.

(vii)

U.S.D.A. Soil Conservation Service soils type boundaries and codes.

(viii)

The Commission or other agency reviewing the Site Plan may require submittal of a descriptive report, prepared by an individual qualified in the on-site (in-situ) evaluation and characterization of soils for on-site sewage disposal leaching system suitability, detailing the soils present, evaluation of the results of on-site soil testing, location of ledge and ground water levels, and providing ratings of soils for suitability as onsite sewage disposal leaching areas.

f.

Location of Existing and Proposed Buildings and Uses, as follows:

(i)

The Height, bulk, Use and location of all Buildings and Structures; typical floor plans or other plans for the use of interior spaces of proposed Buildings; location of heating, air conditioning, ventilation, and similar equipment if located outside the building.

(ii)

Signs.

(iii)

Fences, walls including retaining walls, including details.

(iv)

Outside storage areas.

(v)

Supporting or Accessory Uses, including underground and overhead services and utilities, as well as any associated above ground equipment.

g.

Location, Design and Dimensions for Existing and Proposed Parking, Loading and Circulation, as follows:

(i)

The Site Plan shall include all information necessary to establish conformance with the requirements of Section 20 of these Regulations, Off-Street Parking and Loading, and shall also include the calculations utilized to determine the parking and loading areas as depicted on the Site Plan.

(ii)

The Site Plan shall depict and dimension all access aisles and circulations driveways, the dimensions of all Parking and loading spaces, the total number of such spaces, and any proposed future or expansion parking or loading spaces. In addition, the Site Plan shall include the location, invert elevations, pipe sizes, flow calculations, and all other similar information as may be required by the Town Engineer to properly evaluate the storm water management plan for the site.

(iii)

The methods used to meet these requirements shall be as prescribed by the Town Engineer in order to ensure that the development shall cause no detrimental effects downstream.

(iv)

The proposed design, location, and illumination level of all outdoor lighting, particularly in pedestrian and vehicular areas.

(v)

Sidewalks and other pedestrian ways.

(vi)

Fire access lanes.

(vii)

Specifications for parking, loading and circulation improvements.

(viii)

Off-site roadway improvement and traffic management facilities.

h.

Signs and Outdoor Illumination, as follows:

(i)

Location, size, height, character, and illumination of project Signs.

(ii)

Location, size, and message of traffic management Signs.

(iii)

Location, height, intensity, and design of outdoor luminaries, including manufacturer's specifications.

i.

Landscaping and Open Spaces, as follows:

(i)

The Commission and/or its staff may request the applicant to locate the locations of significant tree species and/or other vegetation.

(ii)

Location, arrangement, type, and size of planting for all landscaped areas.

(iii)

Trees required for Parking areas and landscape strip along Street Lines.

(iv)

Lines delimiting areas not to be disturbed and the top and toe of graded slopes.

(v)

Materials for required transition landscape strips, screening of outside storage areas, including refuse collection facilities, utility lines, and mechanical equipment.

(vi)

Ornamental paved areas, plazas, and courts.

(vii)

A schedule of new plant materials to be used by botanical and common name, size and spacing, and size at maturity.

(viii)

Methods of planting.

(ix)

Provision to preserve existing trees, vegetation, wetlands and watercourses.

(x)

Methods to protect plantings from vehicles.

(xi)

Special natural features identified for preservation and Lot requirement modification therefor.

(xii)

Significant archeological sites.

j.

Existing and proposed drainage, utilities and related facilities and services, as follows:

(i)

Electric, telephone and cable television lines (underground and aboveground).

(ii)

Storm drainage including pipe, catch basins, manholes, grates, ditches, detention basins, recharge facilities and swales and the size, specifications, and inverts therefor. In any Site Plan requiring the erection of any structure, grading, drainage work, paving or other improvement, those aspects of the plan shall be prepared, signed, and sealed by a Connecticut Registered Professional Engineer.

(iii)

Facilities for subsurface sewage disposal systems, including location of seepage tests and deep test pits.

(iv)

Well locations and facilities for water supply.

(v)

Underground storage for fuel or other liquids and fill facilities and connecting lines.

(vi)

Base flood elevation and floor elevation data.

k.

Measures for soil erosion and sediment control.

l.

A signature block for approval by the Planning and Zoning Commission or other agency responsible for review of the Site Plan and date of signing.

m.

The following legend below the signature block: "The statutory five-year period for completion of all physical improvements expires on _______, 20 ___."

10.5.4

Sanitary Waste Disposal Plan. If the applicant proposes to utilize a community sewerage system, as defined in Connecticut General Statutes § 7-245, a report from the Seymour Water Pollution Control Authority indicating that all requirements of Connecticut General Statutes § 7-246f have been satisfied shall be provided.

10.5.5

Protection of Surface and Ground Water Supply. Pursuant to Connecticut General Statutes § 8-2, every application for Site Plan shall include an evaluation of the impact of the proposed development upon existing and potential public surface and ground drinking water supplies. Such evaluation shall contain, at a minimum:

a.

A statement describing the nature of the Use of any Buildings or areas of the site and their method of solid and sanitary waste disposal.

b.

The nature of any discharges anticipated.

c.

The nature of any materials to be stored, processed, or otherwise present on the site, and the period for which, and conditions under which, such materials shall be present on the site.

d.

The nature of the ground or surface waters on and around the site, including any public or private domestic users of such waters, their classification, as designated by the Connecticut Department of Energy and Environmental Protection's Groundwater Classification System, and the depth to any groundwater, the nature of the soils surrounding such groundwater, and the like.

e.

Measures to be taken by the applicant to control any potential adverse impact on surface and ground drinking water supplies.

f.

Other information that might assist the Commission in determining that such waters will be protected from potential adverse impacts created or increased by the proposed development. A qualified geohydrologist or other professional who provides evidence satisfactory to the Commission he/she is qualified to prepare such evaluations shall prepare any such evaluation. The Commission may refer such evaluations to any governmental agency for review and comment.

g.

The information described in subsections (d), (e) and (f) need only be provided when the information set forth in paragraphs (a), (b) and (c) indicates the presence of materials or processes that have the potential to adversely affect groundwater.

h.

The Site Plan shall also conform to the requirements of Section 17 of these Regulations, Aquifer Protection District. Any Special Permit required under Section 17 for a proposed use or site development in a Mixed Use District shall be obtained prior to approval of the Site Plan application.

10.5.6

Water Supply; Certificate for Community Wells. The location and design of the proposed water supply systems shall be provided, including design calculations, materials specifications, hydrostatic testing procedures, and flow testing procedures. In accordance with Connecticut General Statutes § 8-25a, any development providing water by means of a "water company", as that term is defined in Connecticut General Statutes § 16-262m(a), shall provide to the Commission a certified copy of a Certificate of Public Convenience and Necessity issued for the development by the Connecticut Department of Public Utility Control. No application for Site Plan involving such a water company shall be deemed complete without said Certificate, unless the applicant shall provide a resolution of the Seymour Board of Selectpersons waiving said Certificate and agreeing to be responsible for the operation of the subject water company in the event that the company is at any time unable or unwilling to provide adequate service to its consumers.

10.5.7

Covenants and Restrictions. The applicant shall provide the text of any proposed covenants, easements, deed restrictions, and community organizations necessary to assure the fulfillment of the intent and requirements of these Regulations and the Final Site Plan as approved.

10.5.8

Architectural Plans. Architectural plans of all proposed buildings and structures, drawn to scale, and signs and outdoor illumination facilities unless otherwise provided in connection with the Site Plan, which plans may be preliminary in form but shall include exterior elevation drawings, floor plans and perspective drawings in sufficient detail to indicate the exterior building materials, color, height, bulk, stories, roof line, ornamentation and general character and the interior uses of the floor area, and special exterior features, such as Building- mounted Signs, drive-in windows, Building or roof lighting, roof drainage/gutters, and features on the interior of the Building designed to be capable of being seen from the exterior all prepared, except for drawings for Signs, by an architect or professional engineer licensed to practice in the State of Connecticut; ten (10) copies shall be submitted

10.5.9

Certified Soil Erosion and Sediment Control Plan: A Certified Soil Erosion and Sediment Control Plan; ten (10) copies shall be submitted in accordance with the requirements of Section 14.

10.5.10

Wetlands and Water Courses. If any part of the Lot affected by the Site Plan is within the jurisdiction of the Inland Wetlands and Water Courses Regulations of the Town of Seymour, the report and action of the Inland Wetlands and Watercourses Commission of the Town of Seymour concerning any regulated activity on the lot shall be submitted with the Site Plan. Any plans submitted to the Planning and Zoning Commission shall conform, in all relevant respects, to those plans submitted to the Inland Wetlands and Watercourses Commission as the same were approved, or modified and approved, by the Planning and Zoning Commission.

10.5.11

Traffic Impact Report. For Site Plans involving fifty (50) or more new parking spaces or proposed uses projected to generate either more than two hundred (200) vehicle trips per day or more than one hundred (100) vehicle trips per day per one hundred (1,000) square feet of floor area, a traffic impact report, prepared by a recognized traffic engineer, indicating the expected average daily vehicular trips and peak hour volumes to be generated by all of the uses on the lot and the access conditions at the lot, distribution of such traffic to be generated, types of vehicles expected, effect upon the level of service on the street giving access to the lot and at nearby intersections and the roadway capacity and traffic management improvements needed to accommodate projected traffic; ten (10) copies shall be submitted.

10.5.12

Other.

a.

A list of Federal, State, and other local agencies which have responsibility for approval of, or granting of, permits for the proposed use and site development, and identification of the current status of such approvals and/or permits.

b.

Legal Documents. Draft copies of all proposed Easements and other legal documents pertaining to and/or required by the proposed Use and site development.

c.

Sufficiency of Information Presented. Any of the foregoing plans, reports, and evaluations may be presented on one or any number of separate sheets or documents, depending upon the complexity of the application. It shall be the duty of the applicant, however, to provide plans and other documents that incorporate all of the above information and demonstrate compliance with all of the requirements and criteria of these Regulations, in a way that is clear and comprehensible to the Commission and its staff.

10.5.13

Review and Modification of Submission. The Planning and Zoning Commission or other agency responsible for review of the Site Plan submission, upon written request by the applicant, may by resolution a) determine that the required submission of all or part of the information is not necessary in order to decide on the application and need not be submitted or b) determine that required submission of part of such information is deferred for submission and decision at a later date, and the Commission or other agency may otherwise determine that additional or alternate information is necessary and required to be submitted in order to make a reasonable decision on the application under the standards of these Regulations.

10.6

Criteria for Review of Site Plans. The Commission shall consider the following criteria in evaluating a Site Plan.

10.6.1

General Standards. The proposed Use, Buildings, Structures, and site development shall conform to all the requirements of these Regulations and shall be designed and arranged as follows:

a.

To protect and enhance the public health, safety, property values, and welfare, in accordance with the purposes of these Regulations and Connecticut General Statutes Chapter 124:

i.

To conserve, to the maximum extent practical, the existing terrain, vegetation, and other natural resources of the site.

ii.

To protect nearby residential, historic, and environmentally fragile areas.

iii.

To show that reasonable consideration has been given to the matter of restoring and protecting the ecosystem and habitat of Naugatuck River and reducing the amount of hypoxia, pathogens, toxic contaminants, and floatable debris therein.

10.6.2

Complete Application. The application shall contain all information required by this Section 10, and the number of copies required, and said information has been prepared by persons possessing the necessary expertise to prepare it. Information shall be presented with adequate clarity and professionalism to permit the Commission to understand it and determine compliance with these criteria. The presentation of a complete application, as described herein, is the obligation of the applicant, and failure to meet these criteria shall be grounds for denial without prejudice to future, complete applications.

10.6.3

Compliance with Regulations. The application shall conform in all respects with these Regulations, unless a certified copy of a variance from any such provision is submitted with the application, or the Zoning Enforcement Officer has issued a finding that the nonconformance is a legal, pre-existing nonconformity in accordance with Section 7 of these Regulations. Further, the application shall conform to the Seymour Subdivision Regulations; the Seymour Inland Wetlands and Watercourses Regulations, as evidenced by the submission of an Inland Wetlands Permit issued by the Seymour Inland Wetlands and Watercourses Commission, where required; the Public Health Code, as evidenced by a report of the Naugatuck Valley Health Department; and all relevant provisions of the Connecticut General Statutes, whether cited in these Regulations.

10.6.4

Plan of Conservation and Development. The Site Plan shall be in conformance with the purpose and intent of the Seymour Plan of Conservation and Development, or supplement or amendment thereto, adopted by the Planning and Zoning Commission under the provisions of Connecticut General Statutes Chapter 126 and pertaining to the area in which the use is to be located, particularly regarding but not limited to the following:

a.

The provision or improvement of streets in the area of the site which the Use may require; the provision or improvement of frontage roads used for access to the site; limitations on the location and number of access driveways; and maintenance of safety, convenience and level of service on streets, and avoidance of congestion.

b.

The setback, location and bulk of buildings and structures; the appearance of buildings and structures from any street or highway, or from other lots.

c.

The preservation of natural landform features, wetlands, and watercourses.

d.

The provision, location, and type of landscaping.

e.

The location, style, and intensity of outdoor illumination; and

f.

The extent, variety, purpose, and location of signs.

10.6.5

Access and Circulation. Provision shall be made or vehicular access to the Premises and circulation upon the Premises in such a manner as to safeguard against hazards to traffic and pedestrians in the Street and upon the Lot, to avoid traffic congestion on any Street and to provide safe and convenient circulation upon the Lot and on the Street giving access to the Premises. Access and circulation shall also conform to the following:

a.

The Street giving access to the Lot shall have traffic carrying capacity and roadway improvements and traffic management facilities that are sufficient to accommodate the amount and types of traffic generated by the proposed Use, considering access to existing uses along the Street and existing traffic projected to the date the proposed Use will be in effect. Roadway, traffic management and other deficiencies in the Street giving access, which result in congestion or impairment of safety and convenience, may be remedied by the applicant if authorized by the owner of the Street or other traveled way.

b.

Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage road driveways and traffic controls within the Street.

c.

Access driveways shall be of a design and have enough capacity to avoid queuing of entering vehicles on any Street.

d.

Driveways into the Lot shall have suitable alignment and grade, not exceeding ten (10) percent, as well as transition grades and sight distances, for safe, convenient, and efficient access and shall meet the Street Line and travel way of the Street in such a manner as to conform to the established cross section for the Street as may be specified by the Town of Seymour or the State of Connecticut.

e.

Where a Lot has frontage on two (2) or more Streets, the entry and exit from the Street shall be provided where potential for traffic congestion and for hazards to traffic and pedestrians are minimized.

f.

Where reasonable alternate access is available, the vehicular access to nonresidential use of a Premise shall be arranged to minimize traffic use of local residential Streets and other traveled ways situated in or bordered by residential districts.

g.

Where topographic and other conditions permit, provisions shall be made for circulation driveway connections to adjoining Lots of similar existing or potential use 1) When such driveway connection will facilitate fire protection services, as approved by the Chief of Police and Town Fire Marshal, or their agents, and/or 2) When such driveway will enable the public to travel between two (2) existing or potential sites, open to the public generally, without need to travel upon a Street.

h.

There shall be no more than one (1) driveway connecting from any Lot to any Street, except that 1) Separate entrance and exit driveways may be provided where necessary to safeguard against hazards and to avoid congestion and 2) Additional driveway connections may be provided, particularly for but not limited to large tracts and Uses of extensive scope, if traffic flow in the Street will be facilitated by the additional connection. Driveways shall not exceed thirty (30) feet in width at the Street Line, or such lesser width, as will be enough to accommodate the traffic to be generated, unless a greater width is required by Town ordinance or by the State of Connecticut.

i.

The Planning and Zoning Commission may require that any Site Plan shall provide for pedestrian walkways and circulation in commercial and industrial parking areas and around Buildings. Walkways along Streets may also be required and should be constructed of slate, brick or concrete and be a minimum width of five (5) feet. Interior walkways should be constructed of slate, brick, or suitable paving blocks. The Commission may permit gravel or other surfaces for interior walkways.

10.6.6

Existing Streets. Along an existing Street where the Lot has frontage or access, proper provision shall be made for grading and improvement of shoulders, and sidewalk areas within the right-of-way and for provision of curbs and sidewalks, as approved by the owner of the Street and in accordance with the pattern of development along the Street. Provision shall be made for turning lanes and traffic controls within the Street as necessary to provide the access.

10.6.7

Disabled Persons. The Site Plan shall make proper provision for buildings and site development that are accessible to and usable by disabled persons, such as by 1) provision of walks and ramps of suitable width and grade, 2) inclined curb approaches or curbs cut flush with parking areas, 3) reserved, wide parking spaces, and 4) ground level building entrances.

10.6.8

Parking and Loading. Off-street Parking and loading spaces shall be provided in number and with location and design as specified in Section 20 of these Regulations.

10.6.9

Lighting. Outdoor illumination facilities shall be designed for safety, convenience and security while minimizing sky glow, safeguarding against discomfort glare and disability veiling glare and avoiding trespass lighting and adverse effect from illumination upon the use, enjoyment, and value of property and upon the appearance and beauty of the community. There shall be no change in the height, intensity, location, or other aspects of site or building lighting except as an amendment to any approval granted under this Section.

10.6.10

Sanitation. Proper provision shall be made for the water supply, sewage disposal and waste management requirements of the proposed use as follows:

a.

Demonstration of a suitable system of potable water supply to serve the proposed use shall include 1) chemical, bacteriological or other analyses and tests, performed by a licensed water analyst and which meet water standards established by the Connecticut Department of Public Health, and 2) pumping tests of the well or wells to be used, conducted for at least twelve (12) hours, determining the yield and maximum draw down. The Naugatuck Valley Health Department (NVHD) shall approve the potable water supply system.

b.

On-site sewage disposal systems shall be designed in accordance with the Connecticut Public Health Code and standards of the Connecticut Department of Energy and Environmental Protection and with Town ordinances and regulations where applicable. The design of the sewage disposal system shall be approved in writing by the NVHD and by CT DEEP when applicable, prior to approval of the Site Plan. Provision shall be made for collection, storage, and disposal of solid wastes, accumulated in connection with the proposed use, in a manner approved by the NVHD. A professional engineer when required by the Naugatuck Valley Health Department shall design facilities for management of toxic or hazardous wastes. Waste management shall include control of litter by means of receptacles, fences, or other means.

10.6.11

Storm Drainage. Provision shall be made on the Lot for the management of storm water, including collection and disposal thereof, in the following manner:

a.

To assure the usability of off-street Parking and loading spaces.

b.

To avoid hazards to pedestrians and vehicular traffic on the Lot and in any street.

c.

To avoid storm water flow across sidewalks and other pedestrian ways.

d.

To protect watercourses and wetlands from pollution, erosion and sedimentation.

e.

To avoid an amount of discharge and time of concentration of flow beyond the capacity of downstream drainage channels, and

f.

To avoid downstream flooding, provision shall also be made for the protection or improvement of existing water courses, channels, and other drainage systems, on the Lot or downstream from the Lot, as needed to accept the proposed drainage discharge, based on sound design criteria under good engineering practice, taking into account the drainage requirements of the entire watershed in which the lot is located. Provision shall also be made on the Site Plan for control of storm water runoff during construction. Analysis of increased runoff from the proposed use shall be based on the appropriate method from Chapter 9 of the Connecticut Erosion and Sediment Guidelines (2002), as amended, unless the Commission or other responsible agency approves an alternative method. The one hundred (100) year frequency, twenty-four (24) hour duration, Type III distribution storm shall be used for runoff calculations.

10.6.12

Utilities. Electric, telephone and cable television lines on the Lot shall be installed underground unless underground installation is determined to be impractical by the Commission or other agency responsible for approval of the Site Plan. Lines when necessary to be installed aboveground shall be located, landscaped, or screened in a manner to harmonize with the design of the Premises. Utility services located out of doors, such as transformers and heating and cooling equipment, shall be placed at the side or rear of Buildings being served and screened from view; and if on rooftops, shall be screened in a manner which compliments the architectural style of the building.

10.6.13

Emergency Services. Suitable provision shall be made on the lot for access to Lots, Buildings and other Structures by fire, police, and other emergency services. Suitable provision shall be made for fire wells, fire ponds, water tanks or access to other water sources for fire protection.

10.6.14

Outside Storage. See Section 6.12 General Regulations.

10.6.15

Total Ground Coverage per Section 5 Bulk Standards.

10.6.16

Landscaping. Landscaping shall be provided and permanently maintained on the lot to conform to the standards of Section 21, Landscaping and to the following:

a.

In addition to standards for landscaping heretofore specified, landscaping shall be provided and permanently maintained with an intent to reduce excessive heat, glare, and dust, to provide privacy from noise and visual intrusion, to control erosion of soil and excessive runoff of stormwater, to enable recharge of groundwater and to avoid degradation of groundwater, wetlands and water courses.

b.

All portions of the Lot not covered by Buildings and other Structures, outside storage areas, areas for off-street Parking, loading and driveways and permitted paved areas shall be suitably landscaped with trees, shrubs, lawns or other suitable landscaping or, if not disturbed by filling, grading, excavation or other construction activity, may be left as natural terrain provided any such area has trees and other vegetation and a location, size and shape that supports the landscaping plan for the Premises.

c.

For setbacks and buffering from residential districts including MF Districts. See Section 21 Landscaping.

d.

Any parking area accommodating twenty (20) or more cars shall 1) be provided with interior landscaping within the paved portion of the Parking area and 2) have a landscaped area along its perimeter except where the parking area is functionally integrated with an adjoining parking area on an immediately adjacent Lot. Landscaped areas within the interior of the Parking area shall have a minimum size of one hundred (100) square feet and a minimum dimension of at least eight (8) feet. Parking areas shall contain no more than fifteen (15) spaces in a row or have more than four (4) rows across without an intervening landscaped area. Interior landscaped areas shall be planted with grass or shrubs and with at least one (1) tree for each twenty (20) cars or fraction thereof. The perimeter landscaped area shall have a minimum dimension of five (5) feet and shall be planted with grass or shrubs and with at least one (1) tree for every fifty (50) feet along such perimeter. All such trees shall be of not less than three (3) inches caliper and ten (10) feet in height when planted. Landscaping required under the following paragraph (e) may, if appropriately located, be counted to satisfy this requirement. Islands within the Parking area shall indicate and assure safe and efficient channelization of both pedestrian and vehicular traffic.

The Planning and Zoning Commission or other agency responsible for approval of a Site Plan may by resolution, upon request of the applicant, modify or adjust one or more of the requirements of this Paragraph for the purpose of recognizing the conditions of the site with respect to enhancement of growth potential of landscaping or assurance of safety of site utilization and the proper functioning of site improvements while maintaining the purpose and intent of this paragraph.

e.

A strip of land on the lot along and adjacent to the street line and not less than twenty (20) feet in width in C-2 Districts and thirty (30) feet in width in all other Districts shall be landscaped with lawn, shrubs and/or other growing ground cover and provided with one (1) deciduous tree not less than three (3) inches caliper and ten (10) feet in height for each forty (40) feet of lot frontage or fraction thereof. Such required landscaped strip may be crossed with driveways and sidewalks approved under the Site Plan. The area in front of the lot between the street line and edge of street pavement shall also be graded and landscaped with lawn or other growing ground cover as may be approved by the owner of the street.

f.

All off-street loading bays or docks visible from any Street or Residence District shall be screened from view by means of fences, walls, embankments or evergreen shrubs or trees.

g.

Landscaping, including trees and shrubs, shall be selected, located, and maintained to avoid sight line hazards for vehicles and pedestrians within the site and for access to the site from the street.

h.

All plant and other landscaping materials shall be provided in accordance with good landscaping practice and be suitable for survival and growth under the conditions at the site. Landscaping shall be protected from damage by motor vehicles by means of curbs, fences, or other devices. Planting islands in Paved Areas shall have suitable area and dimensions to support plantings. Plant materials and landscape design are subject to approval by the Planning and Zoning Commission

i.

Landscaping, including trees, shrubs, fences, walls, and other landscape features, provided in connection with an approved Site Plan to comply with these Regulations shall be maintained, and replaced when deteriorated, for the full duration of the approved use on the lot. Such maintenance and replacement are a continuing requirement for compliance with these Regulations.

10.6.17

Preservation of Natural Features. The Site Plan, including proposals for the location and arrangement of Buildings, Structures, driveways, landscaping, drainage, wetlands protection, paved areas, and other development, shall be prepared with consideration for preservation of the natural assets of the Lot and to minimize changes in the elevation of existing topography.

When the Planning and Zoning Commission finds that there exist on the Lot significant natural or manmade features (such as water bodies, rock formations, major trees, scenic vistas and distant views, wildlife habitats, historical or archeological sites, or unusual landscaping), the preservation of which would contribute significantly to the livability and values of the general area and thus promote the purposes of these Regulations, such Commission may, after due notice and public hearing as required by law, grant a Special Permit reducing by not more than twenty-five (25) percent the minimum Lot shape and/or the Building Setbacks specified in these Regulations, or modifying the required location of the square on the Lot, provided that the following requirements are met:

a.

The reduction or modification shall be only to the degree necessary to achieve such preservation.

b.

The features to be preserved shall be clearly and accurately shown on the Site Plan element of the Plan and their significance described in writing as part of the Site Plan submission.

c.

The precise extent of the area within which such features lie shall be accurately delineated on such Site Plan and this area restricted by notation on the Site Plan, providing for such area to be preserved in a natural or undisturbed condition.

d.

The reduced Lot shape and/or Building setback requirements and modified location of square shall be shown on such Site Plan and reference made to this Section of the Regulations by notation thereon; and

e.

The total Lot Area required by the Zoning Regulations remains the same.

10.6.18

Significant Archeological Sites. When a Lot or Premises for which a Site Plan is to be submitted has been identified by the State of Connecticut Archeologist as historically or architecturally significant, the Site Plan submission shall include the location of the archeological resource, a statement as to the nature of the resource and description of measures being or to be undertaken to protect the resource.

10.6.19

Soil Erosion and Sediment Control. Provision shall be made in the Site Plan for installation, maintenance, and completion of measures for soil erosion and sediment control in accordance with Section 14 of these Regulations.

10.6.20

Surface and Groundwater Protection. In reviewing any Site Plan or use, the Zoning Commission shall consider the impact on existing and potential public surface and ground drinking water supplies. The application may be denied if the Commission concludes that unreasonable adverse impact will result from the approval of the Site Plan.

10.6.21

Water Supply. No Site Plan depicting a development to be served by a water company, as defined herein above, shall be approved unless and until a Certificate of Public Convenience and Necessity, or the waiver thereof by the Seymour Board of Selectpersons.

10.6.22

Buildings and Structures. The exterior walls of any Buildings that are visible from any Street or any other Lot shall present a finished appearance and color by means of materials consistent with the design of the building as a whole. No mechanical equipment shall be located on the roof of a Building, or on the ground, if visible from any Street or from any Residence District unless such equipment is housed or screened from view in a manner consistent with the architectural design of the building.

10.7

Application and Fee. Application for approval of the Site Plan shall be submitted in writing to the Zoning Enforcement officer, shall be accompanied by an APPLICATION for a ZONING PERMIT and shall be accompanied by the following:

10.7.1

An application for approval of the Site Plan on forms approved by the Planning and Zoning Commission and an application fee as set by such Commission pursuant to Town Ordinance and the Town of Seymour Zoning Regulations.

10.7.2

The following persons may apply for a Site Plan: An owner, or all of the joint owners, of the property upon which the Use is to be located; the prospective purchasers of such property, pursuant to a written purchase agreement, option agreement, bond for deed, or similar document, provided, however, that the said document accompanies the application and authorizes the prospective purchaser to apply for zoning permits from the Town, or, in the alternative, the written consent of the owner of the fee simple interest accompanies the application; the lessee of a leasehold interest, provided that either the written consent of the owner of the fee simple interest accompanies the application or, in the alternative, that a written lease, which must accompany the application, provides that the lessee is authorized to apply for zoning permits from the Town.

10.8

Application Review. When received, the Planning and Zoning Commission shall review the application and Site Plan submission for completeness, may consult with the applicant and may make determinations concerning the sufficiency of the submission. Incompleteness of a Site Plan submission is cause for disapproval. Along with meeting both the general and special standards set by Section 10 of these regulations, the Commission shall consider the potential environmental impact of the proposed project on Town resources.

10.9

Notices of Consideration.

10.9.1

Notices Mandated by Statute. The Commission shall notify the clerk of any adjoining municipality of the pendency of any application concerning any Site Plan application in accordance with Connecticut General Statutes § 8-3h. In accordance with Connecticut General Statutes § 8-3i, in any Site Plan application for any property which is within the watershed of a water company, as defined in Connecticut General Statutes § 16-1, the applicant shall provide written notice of the application to the water company, provided such water company has filed a map showing the boundaries of the watershed on the Land Records of the Town. Such notice shall be by certified mail, return receipt requested, and shall be mailed at the time of application. The applicant shall submit evidence of such notice to the Commission at the time of application. Such water company may, through a representative, appear and be heard at any hearing on such application. In addition to the requirements set forth in the preceding paragraphs, the Commission may, in its sole discretion, submit any plans or other information to consultants, employees, or other governmental agencies for comment and recommendations.

10.9.2

Public Hearing. The Planning and Zoning Commission may hold a public hearing regarding any Site Plan submission if, in its judgment, circumstances warrant such hearing. The Planning and Zoning Commission shall give notice of the hearing in the same manner as required by law for hearings on Special Permits per Connecticut General Statutes § 8-3c.

The Town shall provide a Notice of Hearing sign to be posted on any property that is the subject of a public hearing before the Board. Such signs shall meet the following requirements:

1.

Minimum size of 2' × 3'.

2.

Such sign shall be posted no more than five (5) feet from the street line and shall be clearly visible and readable from the street for the entire time of the required posting.

3.

Such sign shall be posted a minimum of ten (10) days prior to the date of the hearing.

4.

Such sign shall contain the following information:

a.

The statement "Notice of Hearing — Seymour Planning and Zoning Commission",

b.

Date of the hearing,

c.

Time of the hearing,

d.

Place of the hearing and

e.

The statement "For more information please contact at # or visit the Seymour Town Hall."

5.

Surrounding property owners within seventy-five (75) feet from the property boundaries shall be notified by stamped receipts of the "Certification of Mailings" by the Applicant of the impending Public Hearing before the Seymour Planning and Zoning Commission. Notice shall include a brief description of the proposed Site Plan, location of proposed Site Plan, date, location and time of public hearing, and an invitation to attend such hearing.

10.10

Action and Notice. The Planning and Zoning Commission shall review the application for conformance with the criteria of this Section 10. The Commission may approve, modify, and approve, or disapprove the application. If the Commission determines that the application is incomplete, the same may be denied without prejudice to any future complete application. If such re-application is made within one (1) year of the denial without prejudice, the Commission may, in its sole discretion, waive all or a part of the application fee to reflect the cost of staff review expenses previously performed. The Commission may approve any application subject to certain stipulations and/or conditions of approval as it may deem necessary and desirable for preventing or diminishing any noncompliance with the criteria set forth in this Section 10. Such conditions may specifically include hours of operation, restrictions on days of the week, and similar restrictions as to time. Where appropriate (e.g., for non-structural uses such as tag sales, outdoor events, and the like), the Commission may grant a Site Plan which is temporary and will be effective only commencing on, or terminating on, specified dates. The Commission shall state, upon the record, the reasons for its action, and shall publish notice of such action as required by Connecticut General Statutes. The Commission shall, in addition, send written notice of its decision under the signature of the Commission's Secretary or clerk, by certified mail, to the applicant within fifteen (15) days of its action. A copy of the decision shall also be transmitted by the Planning and Zoning Commission to the Zoning Enforcement Officer.

10.11

Filing of Site Plan. A copy of the Site Plan element of an approved Site Plan, and as such Plan may have been required by the Planning and Zoning Commission to be modified, shall be made on translucent polyester film .003 mil thick or better and presented to the Planning and Zoning Commission for endorsement of its approval within sixty-five (65) days of such approval. The following are applicable to endorsement and filing of the Site Plan:

10.11.1

Upon receipt of such copy of the Site Plan, together with executed copies of any required legal documents in form for recording and the posting of any completion bond, the Chairman, Vice Chairman, or Secretary of the Planning and Zoning Commission shall endorse the approval of such Commission on such copy and note thereon the date of such endorsement the date of expiration of the period allowed for completion of the work. The applicant shall then be notified by the Commission that such endorsed copy of the Site Plan and executed copies of any required legal documents may be obtained from its clerk.

10.11.2

The applicant shall then file in the office of the Seymour Town Clerk such endorsed copy of the Site Plan and shall record in such office any required legal documents received from the Commission's clerk, such filing to take place within ninety (90) days from the date of the endorsement approving such Site Plan; provided, however, that the Planning and Zoning Commission may, by majority vote, extend the time of such filing for up to two (2) additional consecutive period of ninety (90) days, during which periods the approved Site Plan shall remain valid.

10.11.3

Filing and recording fees shall be paid by the applicant, and the applicant shall, as promptly as filing and recording procedures permit, furnish the Commission's clerk a memorandum stating the date when the endorsed copy of the Site Plan was filed and each required legal document was recorded together with the map number(s) assigned to such Site Plan and the number and page of the volume in which each such legal document was recorded.

10.13

Posting of a Completion Bond. The Zoning Commission as a condition of approving a Site Plan may require that the applicant, within ninety (90) days from the date of the endorsement approving the Site Plan element of such Plan, file with the Town of Seymour Land Use and Code Compliance Office a completion bond in an amount approved by the Planning and Zoning Commission as security for the satisfactory completion of all of the work shown on such Site Plan element.

10.13.1

Term and Form of Bond. Such bond shall refer to and identify the various Site Plan sheets, shall be for a term expiring no earlier than ninety (90) days after the planned completion date of the project, and shall remain in full force and effect until modified or released by the Planning and Zoning Commission. The form of the bond shall be satisfactory to legal counsel for the Commission.

10.13.2

Continuing Effectiveness. Such bond shall remain in full force and effect, regardless of future ownership of the property being developed, until released by vote of the Planning and Zoning Commission. The Site Plan element filed in the Office of the Seymour Town Clerk shall so state. Where the Commission deems it appropriate, it may authorize release of bonding in stages. The Commission shall not authorize final release of a bond until after it shall have received written certification from the applicant and from the Commission's engineer or other technical staff member designated by the Commission that all of the requirements of the Site Plan have been met.

10.13.3

Prerequisite to Field Work. No fieldwork implementing an approved Site Plan shall commence until the required completion bond in content and form acceptable to the Planning and Zoning Commission shall have been filed with the Town of Seymour Planning and Zoning Office.

10.14

Minor Changes to Site Plans. The collective affirmative determination of the Zoning Enforcement Officer, the Town Planner and Building Official shall have the authority to approve minor changes to an approved Site Plan if in the judgment of the Zoning Enforcement Officer such changes do not alter the quality, density, intensity, types of uses, amenities or other major features of the Site Plan as approved, and such changes are in conformity to the requirements of these Regulations.

10.15

Major Changes to Site Plans. If the Zoning Enforcement Officer, the Town Planner and Building Official collectively determine that changes in the Site Plan, or any change of Use within a Building or Structure or on a Lot, may alter the overall quality, density, intensity, uses, amenities, traffic generation, parking facilities or other major features of the Site Plan as approved, said modification shall be made only after approval thereof by the permitting agency. The permitting agency may determine that the modifications are so substantial as to require a new application.