31.1. General: 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 Schedule A.

31.2. Application: The site plan, submitted to the zoning enforcement officer with an application for a certificate of zoning compliance, shall be accompanied by the following:

31.2.1. Statement of use: A written statement describing the proposed use in sufficient detail to determine compliance with the permitted use provisions of section 23 and the performance standards of section 43; four (4) copies shall be submitted.

31.2.2. 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, and landscaping (including trees and/or shrubs, lawn, other landscaped areas and natural terrain not to be disturbed); four (4) copies shall be submitted.

31.2.3. 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.

31.2.4. Other: The planning and zoning commission may request the submission of such additional information that it deems necessary in order to act on the site plan.

31.3. Procedure: Upon receipt, the zoning enforcement officer shall transmit copies of the site plan submission and the application for a certificate of zoning compliance to the planning and zoning commission. Within sixty-five (65) days after receipt of copies of a complete site plan submission and the application by the planning and zoning commission, it shall either approve, approve subject to modifications or disapprove the site plan. The applicant may consent in writing to any extension of the time for action. The grounds for approval, approval subject to modifications or disapproval of a site plan shall be stated by the planning and zoning commission in its records and a copy thereof shall be transmitted to the zoning enforcement officer. Failure of such commission so to act within the sixty-five-day period shall be considered as an approval, and a certificate to that effect shall be issued upon written demand by the applicant received by such commission within thirty (30) days after expiration of the sixty-five-day period for action. Such failure, however, shall not relieve the applicant from required conformance to all of the applicable provisions of these regulations, other than submission and approval of a site plan.

31.4. Standards: The application shall be approved if it conforms to the following standards:

31.4.1. General: The proposed use, buildings and other structures, including outside storage areas, site development and landscaping and off-street parking and loading shall conform to all of the requirements of these regulations.

31.4.2. 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.

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

31.5. Planned Residence Districts: Site plans for single-family dwellings not on individual lots and for dwellings containing two (2) or more dwelling units in planned residence districts shall conform to the following additional standards:

31.5.1. Dwellings: Each dwelling shall contain not more than eight (8) dwelling units. The shortest distance between any two (2) dwellings shall be not less than the height of the taller dwelling, but in any case not less than twenty-five (25) feet. The commission may modify this separation requirement if the design of the residential development is benefitted by closer spacing.

31.5.2. Utilities: Unless otherwise approved by the commission, all utilities in the residential development shall be located underground. Each such dwelling and all dwelling units shall be served by public water supply and dwellings containing two (2) or more dwelling units shall be served by the public sanitary sewer system.

31.5.3. Buffer area: Adjacent to each property line of such residential development other than a street line, there shall be provided a greenbelt having a minimum width of twenty (20) feet, planted with trees and shrubs of appropriate species at least fifty (50) percent of which shall be evergreens. Any new plantings shall have a minimum height of five (5) feet. Suitable existing trees and shrubs may be preserved and/or supplemented by new plantings to form the required greenbelt. No building or other structure shall extend within less than fifty (50) feet of any street line or other property line.

31.5.4. Outdoor living space: Each dwelling unit shall be provided with a private, exclusive outdoor living space of at least one hundred fifty (150) square feet, in the form of a patio, deck, terrace, balcony, open air or screened-in-porch.

31.5.5. Recreation: Designated recreation areas for the use of all residents shall be provided at the ratio of two hundred (200) square feet per dwelling unit. Said areas shall be suitably prepared, protected and equipped with appropriate facilities such as tennis courts, shuffleboard, paddle tennis and/or swimming facilities, subject to the approval of the commission.

31.5.6. Parking: Two (2) off-street parking spaces shall be provided for each dwelling unit, with at least fifty (50) percent of said spaces located within enclosed garages. All spaces shall be located within two hundred (200) feet of the intended users. Additional visitor parking shall be provided at appropriate locations at the ratio of one (1) space for each three (3) dwelling units. No surface parking area shall extend within less than fifteen (15) feet of any building or property line.

31.5.7. Landscaping: The entire area of the lot not used for buildings, driveways, and parking areas shall be suitably landscaped with lawn and with trees and/or shrubs or shall be left as undisturbed natural terrain. Parking areas shall contain evenly distributed landscaped areas protected by solid curbing ever sixth space in a row of parking spaces. Fences, walls, earth berms and/or closely planted evergreens, trees, hedges or shrubs shall be used to screen parking areas to a height of four (4) feet, from streets, adjoining properties, recreation areas or maintenance areas as required.

31.5.8. Bond: The applicant shall, as a condition of approval, post a performance bond with surety satisfactory to the planning and zoning commission and in amount sufficient, as approved by the planning and zoning commission to insure completion of streets, driveways, parking areas, sidewalks, drainage, sewer systems, landscaping and other essential site improvements in accordance with the application as approved.

31.6. Professional Offices in Residence Districts: Site plans for professional office use of existing residential structures in the R-3, R-4 and R-5 districts shall conform to the following additional standards:

31.6.1. Definition: For purposes of this section, a "professional office" is an office maintained by a physician, surgeon or other practitioner of the healing arts, a dentist, podiatrist, lawyer, clergyman, professional engineer or land surveyor, landscape architect, artist, teacher or musician, and shall include such other persons as may be engaged in support of the office in a nonprofessional capacity.

31.6.2. Location: The structure in which the professional office is located shall be on a lot which has frontage on one (1) of the following thoroughfares of the City of Shelton:

Coram Avenue, between Hillside Avenue and Shelton Avenue.

31.6.3. Utilities: Each structure in which the professional office is located must be connected to the city sanitary sewer system.

31.6.4. Parking: There shall be not less than one (1) off-street parking space for each three hundred (300) square feet of floor area of the structure, and located on a lot not more than three hundred (300) feet in a direct line from the building. The commission may, at its own discretion, accept a certain number of "stacked" or "doubled-up" parking spaces when on-site space is limited and frequent parking turnover is not required. The commission reserves the right to request such additional spaces as it deems necessary to satisfy the needs of the office tenants and clients.

31.6.5. Architectural compatibility: Any exterior alterations, permitted signs, changes and additions to existing residential structures for professional office use shall retain a basic residential design and scale and shall be architecturally compatible with the surrounding neighborhood.

31.6.6. Other: The commission may impose such other controls and restrictions as it deems necessary to protect adjacent properties and assure compatibility with the surrounding residential neighborhood.

32.1. General: On any lot, there shall be no excavation, grading or removal of topsoil, clay, sand, gravel, rock or other natural material, or the slashing of trees, or filling of land by blasting or by use of power-assisted machinery or equipment, except as authorized under paragraph 32.2, or as authorized under an application for a temporary special exception approved by the planning and zoning commission under the provisions of this section. Any person, firm or corporation who shall violate any provision of this section shall be subject to penalties in accordance with the General Statutes of the State of Connecticut.

32.2. Exemptions: The provision of this section and the requirement to obtain approval of an application for a temporary special exception shall not apply to the following cases, when such excavation, grading or removal or slashing of trees is conducted and completed in such manner as to cause no danger to the public health or safety, including stagnant water, soil erosion, water pollution or excessive drainage runoff:

32.2.1. Necessary excavation, grading or removal, in direct connection with the lawful construction on the lot of buildings, foundations, roads, driveways, storm drainage, utility services, fences, walls, swimming pools, or other bona fide construction project and for which any required application for a certificate of zoning compliance has been approved;

32.2.2. Necessary excavation, grading or removal in connection with improvements on the lot solely for farming or landscaping purposes, such as the construction of ponds, draining of wet land, improvement of water courses, burying of stones or refuse, regarding of difficult contours and the excavation of earth for use on the lot and not for sale;

32.2.3. Necessary excavation, grading or removal in connection with the construction of improvements and the changing of contours in an approved subdivision in accordance with construction plans and contour plans approved by the planning and zoning commission under the subdivision regulations of the City of Shelton, provided that on any lot no material is excavated or removed to an elevation less than two (2) feet above the centerline grade of the street on which the lot has frontage, which elevation is to be measured at the required setback line from the street; and

32.2.4. Provided that the excavation, grading or removal authorized under paragraphs 32.2.1 and 32.2.2 shall be deemed to permit the excavation, grading or removal of only the quantity of material which is necessary to make the lot more suitable for the proposed use, and provided further that excavation, grading or removal authorized under paragraphs 32.2.1 and 32.2.2 in connection with a project for which an application for a certificate of zoning compliance has been approved, shall be contingent upon completion of such project within two (2) years after commencement, and in the event of failure to complete such project, as evidenced by failure to obtain a certificate of zoning compliance for such project, that such excavation, grading or removal shall be deemed a violation of these regulations unless an application for a temporary special exception for the excavation, grading or removal has been approved by the commission in accordance with this section.

32.3. Application: Application for a temporary special exception under this section shall be submitted in writing to the planning and zoning commission, together with an application fee of one hundred fifty dollars ($150.00). The application shall be accompanied by maps and plans, prepared by and bearing the seal of a land surveyor or engineer licensed as such by the State Board of Registration for Professional Engineers and Land Surveyors of the State of Connecticut, showing the following:

32.3.1. The location and exterior limits of the area to be excavated or graded, property lines and streets adjoining the lot and the names of owners of property adjoining the lot;

32.3.2. Existing contour lines on the lot to be excavated or graded, drawn to a scale of 1 inch = 40 feet and with a contour interval not exceeding two (2) feet;

32.3.3. Proposed contour lines within the area to be excavated or graded, drawn to a scale of 1 inch = 40 feet and with a contour interval not exceeding two (2) feet;

32.3.4. Existing and proposed drainage on the lot and existing rivers, streams, water courses, ponds and swamps on or within two hundred (200) feet of the lot;

32.3.5. Proposed vehicular access to the lot and any proposed work [on] roadways;

32.3.6. The location on the lot of any wooded areas, rock outcrops and existing and proposed buildings and structures; and

32.3.7. An estimate of the number of cubic yards of material to be excavated, graded or removed.

32.4. Procedure: Within sixty (60) days after receipt of a complete temporary special exception application, the planning and zoning commission shall hold a public hearing of the application. Within sixty-five (65) days after the public hearing, the planning and zoning commission shall approve the application, approve it subject to modifications, or disapprove the application. The applicant may consent in writing to any extension of the time for action on the application. The planning and zoning commission may request the applicant to submit additional information. Notice of a public hearing shall be published in a newspaper having a substantial circulation in the city 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 such hearing. The grounds for disapproval of an application shall be stated by the commission in its records. Failure to submit additional information requested by the commission shall be grounds for disapproval of the application.

32.5. Standards and Conditions: The excavation, grading or removal authorized under this section shall conform to the following standards and conditions, and before approving a temporary special exception the planning and zoning commission shall find that the following standards and conditions will be met:

32.5.1. The excavation, grading or removal shall be carried out in accordance with the maps and plans as approved by the planning and zoning commission and within the exterior limits shown thereon;

32.5.2. The excavation, grading or removal shall not result in sharp declivities, pits or depressions, soil erosion, drainage or sewerage problems or conditions which would impair the reasonable reuse and development of the lot for purposes permitted under these regulations as a matter of right in the district where the lot is located;

32.5.3. At all stages of the work, proper drainage shall be provided to avoid stagnant water, soil erosion problems, excessive runoff, silting of streams and damage to public property, streets or drainage facilities;

32.5.4. Truck access to the lot and the work area shall be so arranged as to minimize traffic hazards on streets and to avoid nuisance to residents of the neighborhood;

32.5.5. If required by the planning and zoning commission, that the area to be excavated or a portion thereof, shall be enclosed within a fence of such type, height and location as the planning and zoning commission may specify;

32.5.6. No excavation, grading or removal which is below the elevation of any abutting street or property line shall occur within fifty (50) feet of such line, except that excavation, grading or removal below the elevation of an abutting property line may be permitted if written approval from the adjoining owner is received by the commission;

32.5.7. No processing machinery shall be erected or maintained on the lot;

32.5.8. The work shall be limited to the hours and days of the week that may be specified by the commission;

32.5.9. Proper measures shall be taken to minimize nuisance from nose [noise], dust, vibration and flying debris;

32.5.10. Upon completion of the work authorized, the area of excavated or otherwise disturbed ground shall be prepared or restored as follows:

a.

Such area shall be evenly graded to slopes not exceeding one (1) foot of rise for two (2) feet of horizontal distance or to such lesser slope necessary for soil stability, safety and reasonable reuse and development of the lot; in addition, the area shall be evenly graded with sufficient slopes to assure adequate drainage of the area, so that stagnant pools of water will be avoided;

b.

Adequate drainways of gradual slope shall be provided to assure drainage;

c.

There shall be no excavation, grading or removal below an elevation of three (3) feet above any ledge;

d.

All debris and all loose boulders shall be buried or removed from the lot; and

e.

The top layer of any arable topsoil, to a depth of six (6) inches, shall be retained on the lot and replaced over the entire area with any large stones removed, and the area shall then be seeded with a perennial grass and maintained until the ground shall be completely stabilized with a dense cover of grass and there exists no danger of erosion, but this provision shall not apply to the area of ponds nor to exposed areas of ledge existing prior to the work.

32.5.11. The applicant shall obtain and maintain liability insurance with a limit of not less than three hundred thousand dollars ($300,000.00) as to personal injury and one hundred thousand dollars ($100,000.00) as to property damage and shall furnish a certificate of insurance to the commission, and in the event of cancellation of such insurance, the temporary special exception application shall terminate;

32.5.12. The applicant shall file with the planning and zoning commission a cash, savings account or surety bond, in form and with surety acceptable to the city, and in an amount recommended by the street commissioner and/or city engineer and approved by the planning and zoning commission to insure the faithful performance of the work in accordance with the provisions of this section.

32.5.13. The commission and zoning enforcement officer, or their authorized agents, shall at all times have reasonable access to the lot for the purpose of inspection and determination of compliance with this section; the commission may require the applicant to submit periodic reports, prepared by and bearing the seal of a land surveyor or engineer, showing the status and progress of the work.

32.6. Time Limit: Each application for a temporary special exception granted under this section shall be valid for a period of two (2) years or for such shorter period requested by the applicant or fixed by the commission. Upon application made at least fourteen (14) days before the expiration of a temporary special exception application, 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 current temporary special exception application.

32.7. Inspection Fee: At the time of issuance of a certificate of zoning compliance authorized by a temporary special exception application approved uner [under] this section, the applicant shall pay to the City of Shelton an inspection fee equal to two dollars ($2.00) for each one thousand (1,000) cubic yards of material, or fraction thereof, to be excavated, graded or removed.

32.8. Existing Operations: Any existing operation, involving the excavation or grading, or removal from any lot, of any earth, loam, topsoil, sand, gravel, clay or stone and authorized by a permit issued under the zoning regulations, in effect previous to these regulations, may continue for the term of such permit and subject to all of the requirements of such permit, but upon expiration of such permit the existing operation shall cease unless an application for temporary special exception therefore is approved under this section.

32.9. Return of Bond: Upon completion of the excavation, grading or removal in accordance with the terms of an approved application and after any area of the lot required to be seeded has grown in a second growing season a dense cover of grass as required under this section, the applicant may apply to the mayor for return of the bond filed as provided in this section. The bond may be released by the mayor only after the planning and zoning commission, street commissioner and city engineer have certified in writing that all of the requirements of this section have been met.

32.10. City Operations: The planning and zoning commission may waive or modify the required application fee and requirement of [paragraph] 32.3, the procedure set forth in paragraph 32.4, the bond requirements of paragraph 32.5.12 and the inspection fee required in paragraph 32.7 in connection with the excavation or grading, or removal from any lot of any earth, loam, topsoil, sand, gravel, clay, or stone when the excavation, grading or removal on such lot is conducted solely by or on behalf of the City of Shelton for the municipal purposes of the city. The excavation, grading or removal, however, shall meet all of the standards and conditions of paragraphs 32.5.1 through 32.5.10.

33.1. General: In accordance with the procedures, standards and conditions hereinafter specified, the planning and zoning commission may grant special exceptions for the establishment of one (1) or more of uses for which a special exception must be secured from the commission as specified in "Schedule A, Permitted Uses." All requirements of this section are in addition to other requirements applicable in the district in which the special exception use is to be located.

33.2. Application: Application for a special exception 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:

33.2.1. Statement of use: A written statement describing the proposed use in sufficient detail to determine compliance with the permitted use provisions of section 23 and the performance standards of section 43; four (4) copies shall be submitted.

33.2.2. 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 areas and natural terrain not to be disturbed); four (4) copies shall be submitted.

33.2.3. 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.

33.2.4. Other: The planning and zoning commission may request the submission of such additional information that it deems necessary in order to act on the application.

33.2.5. Fees: Any application fee deposit of one hundred fifty dollars ($150.00), any portion of which that is unused for necessary legal notice, stenographic reports and other required expenses shall be returned to the applicant.

33.3. Procedure: Upon receipt, the zoning enforcement officer shall transmit the special exception application and application for a certificate of zoning compliance to the planning and zoning commission; he shall also transmit a copy of the special exception application to the planning and zoning commission. Within sixty (60) days after receipt of a complete special exception application by the planning and zoning commission, it shall hold a public hearing on the application. Notice of a public hearing shall be published in a newspaper having a substantial circulation in the city at least twice at intervals of not less than two (2) days, the first not more than fifteen (15), nor less than ten (10) days, and the last not less than two (2) days before the public hearing. After the public hearing, the planning and zoning commission shall either approve, approve subject to modifications or disapprove the application. Failure of the planning and zoning commission to so act on any complete application within ninety (90) days after receipt shall be considered an approval, and a certificate to that effect shall be issued with an approved application for a certificate of zoning compliance by the planning and zoning commission upon written demand by the applicant received within thirty (30) days after the expiration of the ninety-day period for action. The applicant may consent in writing to any extension of the time for hearing or action on the application.

33.4. General Considerations: In addition to any additional standards for particular uses that may be hereinafter specified, the zoning commission shall consider the following before acting on any special exception application:

33.4.1. The size and intensity of the proposed use;

33.4.2. The effect of the proposed use on any adopted comprehensive plan of development for the city;

33.4.3. The capacity of adjacent and feeder streets to accommodate peak traffic loads and any hazards created by the use;

33.4.4. The effect upon property values and taxable values in the neighborhood, taking into account the topography of the lot and the character, location and height of proposed buildings, walls, stacks, fences, grades and landscaping;

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

33.4.6. Fire and police protection needs; and

33.4.7. Water supply, sewage disposal facilities and drainage and erosion problems.

33.5. Approval: Subsequent to the public hearing the planning and zoning commission may approve the application or approve it subject to modifications, granting the special exception and approving the application for a certificate of zoning compliance. In approving the application for a special exception or approving it subject to modifications, the planning and zoning 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 exception will be in harmony with the general purpose and intent of these regulations. The grounds for disapproval of a special exception application shall be stated by the planning and zoning commission in its records.

33.6. Multifamily Residential Development: Applications for multifamily residential developments consisting of one (1) or more dwelling units, plus customary accessory recreational, maintenance and similar facilities incidental to and in support of such residential developments shall conform to the following additional standards:

33.6.1. Lot, area and shape: Each such multifamily residential development shall be located on a lot having a minimum area of four (4) acres with a minimum lot frontage of one hundred fifty (150) feet on a street, which lot shall also be of such shape that a square with two hundred fifty (250) feet on each side will fit on the lot.

33.6.2. Dwelling unit density: Dwelling unit density shall not exceed that permitted under Schedule B, Standards, or such lesser density as may be proposed by the applicant and approved by the commission. For purposes of computing allowable density, the minimum required lot area shall exclude the area of ponds, marshes and other wetlands and areas with a natural slope in excess of twenty-five (25) percent. In the residence R-1 district, at least fifty (50) percent of the minimum required lot area shall consist of land with a natural slope of not greater than fifteen (15) percent slope or less that occur within the required fifty-foot property line and street line setback area.

33.6.3. Dwellings: Each dwelling shall contain not less than four (4) nor more than twelve (12) dwelling units, except that the commission may permit a limited number of units, not exceeding twenty (20) percent of the total dwelling units to be located in dwellings containing two (2) or three (3) dwelling units. In the residence R-1 district, each dwelling shall contain not more than four (4) dwelling units, except that the commission may permit a limited number of dwellings, not exceeding twenty (20) percent of the total number of dwellings, to contain five (5) dwelling units in order to accommodate features of building design and/or site planning. The shortest distance between any two (2) dwellings shall be not less than the height of the taller dwelling, but in any case not less than twenty-five (25) feet. The commission may modify this separation requirement if the design of the residential development is benefitted by the closer spacing.

33.6.4. Utilities: Unless otherwise approved by the commission, all utilities in the residential development shall be located underground. Each such dwelling and all dwelling units shall be served by public water supply and sanitary sewer system.

33.6.5. Setbacks and natural areas: No building or other structure shall extend within less than fifty (50) feet of any street or other property line. Not more than twenty (20) percent of the required setback areas shall consist of off-street parking areas and access drives. At least seventy (70) percent of the required setback areas shall be preserved in their natural state and in the residence R-1 district one (1) or more areas totaling not less than twenty-five (25) percent of the remaining area of the site shall be preserved in its natural state, except for necessary pruning and thinning of said areas. Said areas shall be reasonably protected from encroachment and damage during construction by snowfencing or other appropriate measures. Notwithstanding the above, the Commission may permit limited encroachment into and/or disturbance of said natural areas for grading or other purposes providing adequate provisions are made for restoration and replanting with substantial trees, shrubs and other approved plant materials. Adjacent to each property line of such residential development other than a street line, there shall be provided a greenbelt having a minimum width of fifteen (15) feet, planted with trees and shrubs of appropriate species, at least fifty (50) percent of which shall have a minimum height of five (5) feet at planting. Suitable existing trees and shrubs may be preserved and/or supplemented by new plantings to form the required greenbelt.

33.6.6. Outdoor living space: Each dwelling unit shall be provided with a private, exclusive outdoor living space of at least one hundred fifty (150) square feet, in the form of a patio, deck, terrace, balcony, open air or screened-in porch. For each dwelling unit specifically designed for and intended to be occupied by one (1) or more elderly persons of sixty-two (62) years of age or older, the commission may permit a reduction in such outdoor living space to not less than ninety (90) square feet.

33.6.7. Recreation: Designated and suitably prepared active and/or passive recreation areas for the use of all residents shall be provided at the ratio of two hundred (200) square feet per dwelling unit. For developments involving fifty (50) or more dwelling units, said areas shall be equipped with appropriate facilities such as tennis courts, shuffleboard, paddle tennis and/or swimming facilities, subject to the approval of the commission.

33.6.8. Parking: Two (2) off-street parking spaces shall be provided for each dwelling unit, with at least fifty (50) percent of said spaces located within enclosed garages. All spaces shall be located within two hundred (200) feet of the intended users. Additional visitor parking shall be provided at appropriate locations at the ratio of one (1) space for each three (3) dwelling units. Notwithstanding the above, however, the commission may permit a reduction in the total number of off-street parking spaces intended to serve dwelling units specifically designed for and intended for occupancy by one (1) or more elderly persons of sixty-two (62) years of age or older to one (1) off-street parking space for each unit, none of which need be located within enclosed garages. No surface parking area shall extend within less than fifteen (15) feet of any building or property line.

33.6.9. Landscaping: The entire area of the lot not used for buildings, driveways and parking areas shall be suitably landscaped with lawns and with trees and/or shrubs or shall be left as undisturbed natural terrain. Parking areas shall contain evenly distributed landscaped areas protected by solid curbing every sixth space in a row of parking spaces. Fences, walls, earth berms and/or closely planted evergreens, trees, hedges, or shrubs shall be used to screen parking areas to a height of four (4) feet, from streets, adjoining properties, recreation areas or maintenance area, as required.

33.6.10. 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.

33.6.11. Bond: The applicant shall, as a condition of approval, post a performance bond with surety satisfactory to the planning and zoning commission and in amount sufficient, as approved by the planning and zoning commission to insure completion of streets, driveways, parking areas, sidewalks, drainage, sewer systems, landscaping and other essential site improvements in accordance with the application as approved.

33.7. Indoor Amusement Centers: Applications for indoor amusement centers shall also conform to the following special standards:

33.7.1. Minimum size: An indoor amusement center shall contain not less than three thousand (3,000) square feet of open floor area contained on one (1) floor within a single building.

33.7.2. Limitation on electric and electronic games and devices: Not more than fifty (50) percent of the open floor area shall be devoted to games and/or entertainment devices and equipment that are electrically or electronically controlled. In measuring such area, a minimum width of two (2) feet shall be allocated per each game machine designed for use by one (1) player, and three and one-half (3½) feet where the game machine is designated for use by two (2) players. The depth of space in front of the game machine shall be at least five (5) feet and there shall be a minimum aisle width beyond this five (5) feet of an additional three (3) feet.

33.7.3. Hours of operation: Indoor amusement centers shall only operate between the hours of 10:00 a.m. and 12:00 midnight.

33.7.4. Movies, motion pictures and photographic displays: No movies, motion pictures or photographic displays or devices, whether set in motion by the insertion of coins, slugs, tokens or by any other means whatsoever shall be permitted in any indoor amusement center.

33.7.5. Parking: Adequately lighted and visible off-street parking shall be provided in the amount of one (1) off-street parking space per two (2) players, based upon the maximum possible number of players of all games of all types on the premises. Provisions shall be made for periodic policing to prevent loitering and at least once per day litter shall be cleaned up and removed from said areas.

33.7.6. Supervision: All separate rooms and alcoves and all portions of the center shall be arranged so that there is a management attendant within the room or such that management attendants outside the room can easily see and supervise the interior of all rooms. Readily visible signs, with location size and text approved by the commission, shall be installed to indicate that the use of the machines by persons under sixteen (16) years of age shall not be permitted during normal school hours.

33.7.7. Discretionary refusal: The commission may refuse to grant a special exception for an indoor amusement center if there is reasonable cause to believe that the location of the facility and the operation of the center at that location will have a detrimental effect upon any church, school, charitable institution, hospital, place of public assembly or established business area. Any location within one thousand (1,000) feet of any of the aforesaid shall be deemed to have a potential detrimental effect on same.

33.8. Hotels and Motels: Applications for hotels and motels within the Industrial IA-3 district shall also conform to the following special standards:

33.8.1. Lot area and shape: The use shall be located on a lot having a minimum area of four (4) acres, which lot shall also be of such shape that a square having a minimum dimension of two hundred fifty (250) feet on each side will fit on the lot.

33.8.2. Setbacks: No building or other structure shall extend within less than forty (40) feet of any street line, or property line.

33.8.3. Sanitation: Each hotel or motel shall be connected to the city sanitary sewer system and shall be served by public water.

33.8.4. Parking: In addition to the hotel and motel parking requirement of paragraph 42.5.10 plus the restaurant requirement of paragraph 42.5.11, one (1) additional paved parking space shall be provided for each seventy-five (75) feet of gross "function" area, and located on a lot distant not more than three hundred (300) feet in a direct line from the building. Additional employee parking shall also be provided at the rate of one (1) space for each two (2) employees in excess of ten (10) employees during the largest daily work shift period.

33.8.5. Proximity to Route 8 Expressway: The principal driveway entrance to the lot shall be from a city or state highway and at a point on and measured along such highway within three thousand one hundred (3,100) feet of a point of entrance or exit to the Route 8 Expressway.

33.8.6. Other uses: Restaurants and other supporting uses, permitted in IA-3 districts, may be included in the required minimum four-acre lot area provided said uses are included within the principal hotel or motel structure. Automotive service uses are not considered to be accessory or supportive uses.

33.8.7. Bond: The applicant shall, as a condition of approval, post a performance bond with surety satisfactory to the planning and zoning commission and in amount sufficient, as approved by the commission, to insure completion of streets, driveways, parking area, sidewalks, drainage, sewer systems, landscaping and other essential site improvements in accordance with the application as approved.

33.9. Professional Offices: Applications for professional offices in residence districts shall also conform to the following additional standards:

33.9.1. Definition: A professional office for purpose of this section is an office maintained by a physician, surgeon or other practitioner of the healing arts, a dentist, podiatrist, lawyer, clergyman, architect, professional engineer or land surveyor, landscape architect, artist, teacher or musician, and shall include such other persons as may be engaged in support of the office in a nonprofessional capacity.

33.9.2. Lot area and shape: A professional office shall be located on a lot having a minimum area of sixty thousand (60,000) square feet with a minimum lot frontage of one hundred fifty (150) feet on a street, which lot shall be of such shape that a square with one hundred fifty (150) feet on each side will fit on the lot.

33.9.3. Location: The lot on which the professional office is located shall adjoin Leavenworth Road-Howe Avenue-River Road, currently designated as Connecticut Route #110.

33.9.4. Building area, height: The maximum area of the ground floor of all buildings on the lot shall be three thousand five hundred (3,500) square feet, not more than three thousand (3,000) square feet of which shall be in one (1) building; the building height shall not exceed two (2) stories and necessary roof structures.

33.9.5. Number of buildings: There shall be no more than one (1) building on the lot unless there are already two (2) buildings on it at the time application is made for the special exception; in any event there shall be no more than two (2) buildings on the lot.

33.9.6. Setbacks: No building or other structure shall extend within less than forty (40) feet of any street line or fifty (50) feet of any property line except for any existing structure which may continue as a nonconforming structure.

33.9.7. Utilities: Each building shall be served by public water and shall be connected to the city sanitary sewer system or shall have a system for on-site sewage disposal approved by the Valley Regional Health District.

33.9.8. Parking: There shall be at least one (1) off-street parking space for each three hundred (300) square feet of floor area of all buildings on the lot, and located on the same lot with the buildings. The commission reserves the right to request such additional spaces as it deems necessary to satisfy the needs of the intended office tenants and clients.

33.9.9. Number of employees: There shall be no more than one (1) employee for each two hundred (200) square feet of floor area in the building or buildings on the lot.

33.9.10. Architectural and aesthetic compatibility: The design, layout appearance and location of all proposed structures, additions to structures and permitted signs shall be architecturally and aesthetically compatible with the surrounding residential neighborhood.

33.9.11. Buffer area: Adjacent to each property line there shall be a greenbelt having a minimum width of twenty (20) feet landscaped to provide effective buffering from adjoining properties, to the satisfaction of the commission.

33.9.12. Exterior lighting: All exterior lighting, when required, shall be located and arranged so as not to cause off-site glare and shall be compatible with the surrounding neighborhood.

33.9.13. Other: The commission may impose such other controls and restrictions as it deems necessary to protect adjacent properties and assure compatibility with the surrounding residential neighborhood.

33.10. Conditional Approval: Approval of an application for a special exception 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. One (1) extension of such period for an additional period not to exceed one (1) year may be granted by the planning and zoning commission after public hearing for good cause shown. All special exceptions may be granted subject to appropriate conditions and safeguards necessary to conserve the public health, safety, convenience, welfare and property values in the neighborhood.

33.11. Single-Family Residential Developments: Applications for single-family residential developments consisting of not more than six (6) single detached dwellings for one (1) family shall conform to the following additional standards:

33.11.1. Lot area and shape: Each such single-family residential development shall be located on a lot having a minimum area of six (6) acres with a minimum lot frontage of one hundred fifty (150) feet on a street, which lot shall also be of such shape that a square with two hundred fifty (250) feet on each side will fit on the lot.

33.11.2. Development density: Each such lot shall contain an area of not less than sixty thousand (60,000) square feet for each dwelling, and for purposes of computing the allowable number of dwellings, the area of ponds, marshes and other wetlands and areas with a natural slope in excess of forty (40) percent shall not exceed fifty (50) percent of the required lot area.

33.11.3. Utilities: All dwellings shall be served by public water supply and the public sanitary sewer system, when such are available in reasonable proximity to the lot. The commission may, at its discretion, permit individual or combined on-site systems, only when approved by the Valley Health District and other regulatory agency.

33.11.4. Setbacks: All dwellings and other structures shall be setback not less than fifty (50) feet from any property line or street line and such required setback area shall be preserved in its natural state, except for permitted grading and access drives.

33.11.5. Parking: A minimum of two (2) off-street parking spaces shall be provided for and located at each dwelling, at least one (1) of which shall be located within an enclosed garage. Appropriate visitor parking shall be provided. Not more than four (4) parking spaces shall be centralized at any one (1) location. Other than private, passenger vehicles in everyday use, any open parking and/or storage of campers, mobile homes, boats and trailers or any other recreational vehicles shall be located to the rear of the rear building line of the principle [principal] structure and screened from view of adjoining dwellings, unless otherwise approved by the commission.

33.11.6. Private access drives: Such single-family residential development may be served by a private, paved access drive having a minimum width of twenty (20) feet and adequate in thickness to accommodate fire and other similar, emergency apparatus. Pavement shall consist of dense graded bituminous concrete not less than two and one-half (2½) inches in depth after rolling, placed on a gravel base having a minimum depth of eight (8) inches after compaction. Vertical and horizontal geometry shall be subject to the approval of the commission. The maximum gradient shall not exceed twelve (12) percent, except that under unique circumstances involving exceptionally difficult topography, the commission may permit limited portions of said access drive to have a gradient of up to fourteen (14) percent.

33.11.7. Bond: The applicant shall, as a condition of approval, post a performance bond with surety satisfactory to the commission and in amount sufficient, as approved by the commission, to assure completion of the common elements, including access drives, parking areas, sidewalks, storm drainage, utility services, general site landscaping and other essential site improvements, in accordance with the application as approved.

34.1. Purpose: Planned development districts may be established by the commission within a special development area delineated on the zoning map and in accordance with the procedures hereinafter specified. The provisions of this section are designed to permit modification of the strict application of the standards and provisions of these regulations to accomplish the purposes set forth below. A planned development district may be established by the commission when found necessary and appropriate for the following purposes:

34.1.1. To permit tracts of land to be developed, redeveloped and improved as a harmonious design unit of stable character, consistent with the character of the town and the long range improvement of the neighborhood and consistent with any comprehensive plan of development adopted by the commission for the special development area, when such tracts are of sufficient size to accommodate such design units and when another zoning district could not be appropriately established to accomplish such purposes.

34.1.2. To permit the use of land, buildings and other structures for purposes that would be beneficial to and consistent with the character of the town and the long range improvement of the neighborhood and consistent with any comprehensive plan of development adopted by the commission for the special development area, when such uses are located on tracts of sufficient size to accommodate harmonious design of buildings, structures and facilities in connection with the use and when another zoning district could not be appropriately established to accomplish such purposes.

34.2. Size: The tract of land for which application is made for the establishment of a planned development district must contain an area of not less than sixty thousand (60,000) square feet.

34.3. Building Height: Buildings and other structures shall not exceed a height of sixty (60) feet, except that the commission may permit a greater height if (i) such building or other structure shall be located within an area which is primarily devoted to or zoned for industrial and commercial development, (ii) such greater height shall result in the preservation of more open space on the tract than would otherwise be available, and (iii) topography of the tract on which such building or structure is located, the location thereof on such tract, and the nature thereof are appropriate to accommodate such greater height.

34.4. Informal consideration: The commission recommends that, prior to the submission of a formal application for approval of a planned development district, the applicant review with the commission and its staff in a preliminary and informal manner any proposal for a planned development district. The commission recommends that the preliminary plans meet the requirements of a basic development plan under paragraph 34.5.2 and that four (4) copies be submitted. The commission or its staff may request that the applicant submit such additional information as may lead to a rendering of a nonbinding opinion by the commission.

34.5. Petition: A petition for the establishment of a planned development district shall be submitted to the commission in writing, shall be signed by the owner or owners of all parcels within the proposed district and shall be accompanied by the following:

34.5.1. Statement: A written statement specifying in detail the particular provisions of these regulations which are proposed to be modified 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.

34.5.2. Basic development plans: A basic development plan for the proposed development, including property maps, site plans, architectural plans and other drawings as relevant in sufficient detail to show the existing conditions and improvements proposed to be erected on the site, the open spaces to be provided, the nature and location of the proposed use or uses, the relationship of the proposed development to surrounding properties and other pertinent information. Six (6) blue line or black line prints shall be submitted. Plans where applicable shall be prepared and certified by an architect and/or professional civil engineer licensed to practice in the State of Connecticut and shall include the following information:

34.5.2a. Location and size of property, including a boundary map with an accuracy meeting or exceeding standards for a "Class A-2 Transit Survey" as defined by the Connecticut Technical Council, Inc., which map is to show the precise boundaries of the proposed district, as well as existing zoning boundaries and the boundaries of any officially designated wetland areas;

34.5.2b. Present and proposed land uses and the acreage of each use, as well as existing and future land uses in the surrounding area;

34.5.2c. Present and proposed buildings and structures including use, dimensions and locations of each;

34.5.2d. Proposed vehicular and pedestrian circulation patterns including locations and dimensions of private and public streets and common drives, pedestrian walkways, malls and other public and private paths;

34.5.2e. Location of proposed off-street parking facilities with dimensions, including location, size and number of parking spaces, access drives and walkways;

34.5.2f. Proposed open area such as parks, lawn areas, and recreational facilities;

34.5.2g. Existing and proposed landscaping treatment, including major tree areas, water bodies and related treatment of open space areas, screening, and existing and proposed topography;

34.5.2h. Utility information including water supply, sewage disposal, storm drainage, including capacity of water courses and the additional flow being produced, electrical service and exterior lighting;

34.5.2i. A location map showing the site's situation within the town's circulation system and all streets and intersections within one thousand (1,000) feet of the site;

34.5.2j. Preliminary architectural plans including generalized floor plans, exterior elevations, perspective drawings and descriptive information on types of building materials and exterior finishes;

34.5.2k. Any additional information which the commission may reasonably require or the applicant may wish to submit, including such items as a traffic study, storm drainage and flooding report; soils and geology map, marketability study, project model, covenants and/or easements related to public access rights, legal information related to disposition, ownership and maintenance of community facilities and open space, bonding to insure completion of essential site improvements and community elements, and schedules of development phases.

34.5.3. Fee: A petition fee of two hundred fifty dollars ($250.00) at time of application, plus an additional fee of ten cents ($0.10) for each thousand of estimated cost of buildings, structures and/or improvements, at submission of detailed development plans.

34.6. Procedures: After receipt of a complete petition for the establishment of a planned development district, the commission shall review the petition and during his review may hold meetings with the petitioner and request additional information; the commission shall hold a public hearing on a petition in the same manner and with the same notice as required for amendment of these regulations. The commission may request the following information for presentation prior to or at the public hearing:

a.

Evidence from the sewer authority that sewers are available to the project for tie-in and that the sewer lines, sewage treatment plant and related appurtenances have the capacity for the projected volumes;

b.

A statement from the Valley Regional Health District on the adequacy of solid waste disposal and, if no public sewers are available, the adequacy of private sewage disposal systems;

c.

A statement from the police commission that the proposal will not cause any undue traffic hazards;

d.

A statement from the fire marshal that the proposal meets fire safety standards and concerning the firefighting feasibility of the proposed plan;

e.

A statement from the town engineer in reference to the adequacy of the basic drainage, public street design and the design of elements to be served by the public works department of the town;

f.

A statement from any other municipal department or advisory committee whose opinion is deemed appropriate by the commission.

After the public hearing, the Commission may disapprove or give approval to the Basic Development Plans or approval subject to modifications, only after the Commission makes the findings set forth under Paragraph 34.8 below, in addition to other findings necessary for amendment of these Regulations. Approval of the Basic Development Plans shall not constitute final approval of the Planned Development District and shall simply authorize the submission of Detailed Development Plans setting forth in detail the specifics of the proposed development and showing and modifications specified by the Commission. If the Detailed Development Plans are approved by the Commission, the Planned Development District shall be considered established and these Zoning Regulations and Zoning Map shall be considered to be modified to permit the establishment of the development as approved. The approved Planned Development District shall be shown on the Zoning Map with a reference to the records of the Commission where the approved standards and plans may be seen. If the petition is approved, the Commission shall give notice of such approval in the same manner as required for the amendment of these Regulations.

34.7. Detailed Development Plans: Detailed development plans shall be submitted in conformance with and including all the information required by the approved basic development plans. Such detailed development plans may be submitted in stages, provided that such stages encompass not less than the minimum required tract size and include all those public amenities and features used as a public protection for the surrounding area. Such stages shall be capable of complete and self-sufficient existence without the completion of the remaining stages; six (6) copies of all detailed plans shall be submitted and shall include at least the following:

a.

Site plan, containing detailed layout information related to all site plan proposals contained in the Basic Development Plans, plus an additional, schematic layout of building, drives and parking areas at a scale of 1: = 100':

b.

Building plans, encompassing the architectural information developed in the basic development plans;

c.

Landscaping plans, presenting in detail the landscaping treatments and open space proposals contained in the basic development plans;

d.

Engineering plans, presenting the detail designs and information supporting all the engineering elements of the basic development plans.

Approval of the detailed development plans shall be noted on said plans, which shall then be signed by the chairman of the planning and zoning commission, with the date of approval indicated on the plans. A complete copy of the approved, signed plans shall be recorded in the office of the Shelton City-Town Clerk.

34.8. Findings Required: The commission may adopt the planned development district thereby amending these regulations and the zoning map, only after the commission makes the following findings in addition to other findings necessary for the amendment of these regulations:

a.

The planned development district and the standards and basic development plans applicable therein will accomplish the purpose set forth in paragraph 34.1;

b.

Another zoning district could not be appropriately established to accomplish such purposes;

c.

The planned development district and the standards and basic development plans applicable therein will be consistent with any comprehensive plan of development adopted by the commission for the special development area;

d.

The planned development district encompasses a tract of land of not less than sixty thousand (60,000) square feet;

e.

The petitioner has provided, where appropriate, for the continued maintenance of the development in general, including those open space and recreational areas not dedicated for general public use;

f.

The streets and drives will be suitable and adequate to accommodate anticipated traffic and projected development intensity will not generate traffic in such amounts as to overload the street system in the area;

g.

The existing and proposed utility services are adequate for the proposed development and the utilities and drainage have been so arranged as to not overburden the capacity of the facilities connected therewith.

34.9. Bonds: The petitioner shall file with the commission a performance bond, in form, amount and surety approved by the commission, to guarantee the faithful performance of the site improvements work to be undertaken within the public rights-of-way, unless said improvements are bonded under the provision of the Shelton Subdivision Regulations, and including driveway connections, sanitary sewer and water supply facilities, storm drainage and pollution control facilities, landscaping and other essential site improvements.

34.10. Certificate for Zoning Compliance: Prior to the issuance of any certificate of zoning compliance to permit any occupancy of the development before final acceptance, the developer shall file with the commission a performance bond, in form, amount and surety approved by the commission, to guarantee the provision of all facilities common to the entire development, including but not limited to private roads, buffer strips, walkways, recreational facilities, club houses and other common areas. Said bond shall be constituted upon completion of said common facilities within one (1) year of the date of approval of the first such certificate of zoning compliance, except that the commission may extend the time of completion for an additional period not to exceed one (1) year after public hearing for good cause shown.

34.11. Additional Limitations: Adoption of a planned development district by the commission shall constitute authorization to establish the uses, buildings, structures and site development in accordance with the standards and detailed development plans adopted by the commission for the district and in accordance with detailed specifications approved by the commission. The development authorized by the commission shall be completed within five (5) years from the effective date of the district, except that the 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 provisions of another zoning district.

35.1. General: The planned residence district (P.R.D.) is a class of district in addition to an overlapping the residence R-1A and R-1 districts. P.R.D.'s may be established from time to time by the commission and delineated on the building zone map upon petition by the owner of property and after due notice and public hearing as required by law for amendment of these regulations.

35.2. Purpose: The P.R.D. is made part of the comprehensive plan of zoning for the purpose of authorizing residential development that is consolidated or grouped in such a manner as to preserve significant open space and conservation areas, encourage provision of central water supply and sewage disposal systems and provide for a choice in dwelling types within the city. Such residential development may consist of single family dwellings or multiple dwellings or combinations thereof. It is recognized that there are large tracts of land within the residence R-1 district characterized by conservation and open space resources, appropriate soil conditions, with proximity to central water supply and sewage disposal facilities and with suitable location and access within the city, which are capable of accommodating such consolidated residential development. The procedures and standards hereinafter specified are necessary in order to delineate P.R.D.'s that will be in accord with the comprehensive plan of zoning.

35.3. Informal Consideration: The commission recommends that, prior to the submission of a formal petition, the petitioners review with the commission and its staff, in a preliminary and informal manner, any proposal for a P.R.D. The commission recommends that preliminary plans include appropriate existing conditions information as well as tentative proposals for street layout, development areas and open space reservations. The commission, at its discretion, may or may not render a nonbinding opinion.

35.4. Petition: A petition requesting an amendment of the building zone map for the purpose of establishing a P.R.D. within the residence R-1A or R-1 district, may be filed with the commission in accordance with the provisions of section 51 and this section. The petition shall be signed by the owner or owners of all properties within the proposed P.R.D. and shall be accompanied by six (6) copies of each of the following:

35.4.1. Boundary: A map and a metes and bounds description of the boundary of the proposed P.R.D. as specified in paragraph 51.1.2.

35.4.2. Existing condition map: A map or maps of the entire area of the proposed P.R.D. at a scale of not less than one hundred (100) feet to the inch, showing no less than the following:

a.

Existing contours at a maximum interval of two (2) feet;

b.

Existing natural soils, confirmed by field samples and tests, in accordance with the classifications of the National Cooperative Soils Survey of the Soil Conservation Service of the U.S. Department of Agriculture; and

c.

Large trees, wooded areas, ledge outcroppings, significant open space and conservation features, historic sites, trails, existing buildings and other structures and wetlands and watercourses as defined in Public Act Number 155 of 1972 and Public Act Number 73-571 respectively, of the Connecticut General Assembly.

35.4.3. Preliminary conventional subdivision: A preliminary subdivision plan of all land within the proposed P.R.D., meeting all of the requirements of the subdivision regulations of the City of Shelton including provisions for open space and showing a conventional layout of lots for single-family dwellings in accordance with the appropriate residence R-1A or R-1 district standards, as applicable to the subject P.R.D.

35.4.4. Consolidated land use plan: A consolidated land use plan for land within the proposed P.R.D., at a scale of not less than one hundred (100) feet to the inch, showing the following:

a.

Those areas of the P.R.D. proposed to be used for individual lots for single-family dwellings specifying the maximum number of such lots;

b.

Those areas of the P.R.D. proposed to be used for detached single-family dwellings not on individual lots and a specific maximum number of such dwellings by the number of bedrooms in each;

c.

Those areas of the P.R.D. proposed to be used for multiple dwellings consisting of two (2) or more dwelling units and a specific maximum number of such dwelling units by the number of bedrooms in each;

d.

Those areas of the P.R.D. proposed to be reserved as open space; and

e.

A tentative layout of streets proposed to serve the plan.

35.4.5. Engineering report: A report, prepared by a licensed engineer evaluating storm drainage facilities, sewage disposal and water supply and specifying the manner in which they will be provided, as well as an evaluation of any significant constraints with respect to soils, flooding and erosion, topography or other physical circumstances.

35.5. Standards and Criteria: The standards and criteria hereinafter set forth are applicable to the establishment of a P.R.D. and are in addition to those factors normally considered by the commission in the delineation of any zoning district;

35.5.1. Area of P.R.D.: The P.R.D. shall encompass no less than twenty (20) acres of substantially vacant land. A lesser area may be considered by the commission if the P.R.D. adjoins another P.R.D. or if the proposed open space reservation within the P.R.D. consists of ten (10) acres or more or will be adjunct to existing permanently reserved open space outside the P.R.D.

35.5.2. Development density: The established density-base of the P.R.D. shall be the number of individual lots for single-family dwellings shown on the preliminary conventional subdivision plan submitted under paragraph 35.4.3 and determined by the commission to represent a reasonable subdivision of land within the P.R.D. The maximum dwelling and dwelling unit shall not exceed the density which the water supply and sewage disposal facilities are capable of supporting and shall not exceed the following, whichever is less:

a.

For P.R.D. consisting entirely of individual lots for single-family dwellings served only by public water supply, one and one times the established density base of the P.R.D.

b.

For P.R.D. consisting entirely of individual lots for single-family dwellings served by both public water supply and municipal sanitary sewers, one and two (1.2) times the established density base of the P.R.D.

c.

For P.R.D. consisting of single-and two-family dwellings not on individual lots and served by both public water and municipal sanitary sewers, one and three (1.3) times the established density base of the P.R.D.

d.

For P.R.D. consisting entirely of multiple dwellings containing three (3) or more dwelling units which units contain three (3) or more bedrooms, two (2) times the established density base of the P.R.D.

e.

For P.R.D. consisting entirely of multiple dwellings containing three (3) or more dwelling units, which units contain one (1) or two (2) bedrooms, three and one-half (3.5) [times the] established density base of the P.R.D.

f.

For a P.R.D. consisting of any combination of the above, the sum of the proportionate parts shall not exceed the established density base as calculated according to the following formula where (a) through (e) refer to the number of each of the dwelling unit types enumerated above:

Established Density Base = a/1.1 + b/1.2 + c/1.3 + d/2.0 + e/3.5

35.5.3. Water supply: Each building lot and all dwellings shall be served by public water supply. In unusual circumstances where extension of public water supply to one (1) or more remote or isolated single-family lots is deemed infeasible or impractical, the commission may require those lots to be deducted from the established density base and permit them and the dwellings thereon to be served by an adequate onsite source, subject to the approval of the Valley Regional Health District.

35.5.4. Sewage disposal: Where practicable, the P.R.D. shall be served by extension of the Shelton municipal sanitary sewer system. At minimum, all dwellings containing two (2) or more dwelling units shall be served by said sanitary sewer system.

35.5.5. Open space: The P.R.D. shall result in the permanent reservation of significant and desirable land for open space and conservation purposes with reasonable access, shape, dimension, character and location. Notwithstanding the potential development density allowable under [paragraph] 35.5.2 above, the minimum area of permanently reserved open space shall be not less than fifteen thousand (15,000) square feet times the established density base as determined under paragraph 35.5.2. In lieu of fee conveyance of said open space, the commission may require the conveyance of development rights to the city to preclude any possible future development of said open space.

35.6. Procedures: When the commission is satisfied that a complete petition has been filed, the commission shall hold a public hearing in the same manner and with the same notice as required for amendment of these regulations, shall decide thereon and shall give notice of its decision as required by law. If the proposed P.R.D. is adopted by the commission and made part of the building zone map, such adoption shall incorporate within the P.R.D., as specific restrictions, the following:

35.6.1. The consolidated land use plan, for the purpose of identifying and specifying areas to be used for individual lots for single-family dwellings, areas to be used for single and multiple dwellings consisting of two (2) or more dwelling units and areas of reserved open space;

35.6.2. The maximum number of individual lots for single-family dwellings, the maximum number of single-family dwellings not on individual lots and the maximum number of multiple dwelling units by number of bedrooms in said multiple dwellings. The total resulting dwelling units shall not exceed the maximum dwelling unit density as determined under paragraph 35.5.2;

35.6.3. The minimum area of permanently reserved open space specified in paragraph 35.5.5.

35.7. Development Plan and Standards: After adoption of any P.R.D. by the commission, the commission is authorized to approve plans for the development of such P.R.D. or some portion thereof, in accordance with the standards hereinafter specified, provided such approval shall be effective after the effective date of the P.R.D.

35.7.1. Lots for single-family dwellings: Individual lots for single-family dwellings may be established by subdivision of land in accordance with the standards and procedures of the subdivision regulations of the City of Shelton.

a.

Lots served by public water supply only shall contain an area of not less than thirty thousand (30,000) square feet, shall have a frontage of one hundred ten (110) feet or more on a street, shall be of such shape that a square with one hundred thirty (130) feet on each side will fit on the lot with some portion of such square extending to or within the required setback area, and shall provide for a minimum setback of twenty (20) feet from any line other than a street or rear property line.

b.

Lots served by both public water supply and municipal sanitary sewers shall contain an area of not less than twenty thousand (20,000) square feet, shall have a frontage of ninety (90) feet or more on a street, shall be of such shape that a square with one hundred ten (110) feet on each side will fit on the lot with some portion of such square extending to or within the required street setback area, and shall provide for a minimum setback of twenty (20) feet from any line other than a street or rear property line.

35.7.2. Single-family and multiple dwellings: Other single-family dwellings not on individual lots and multiple dwellings consisting of two (2) or more dwelling units may be approved by the commission subject to administrative approval of a site plan therefor in accordance with section 31.

35.7.3. Open space: In connection with approvals under paragraph 35.7.1 and/or 35.7.2, at least the proportionate portion of the total minimum required area of open space specified under paragraph 35.5.5 shall be permanently reserved, with provision made for the retention and preservation of the land by means of ownership, operation and maintenance suitable to support the open space as approved by the commission.

35.7.4. Consolidated land use plan: The individual lots for single dwellings, other single-family dwellings not on individual lots, multiple dwellings and the reserved open space land shall be located in the areas specified on the consolidated land use plan adopted by the commission as part of the P.R.D. under paragraph 35.6.1.