Somers City Zoning Code
ARTICLE VII
Standards
§ 214-7.1 Signs.
A.
Purpose and intent.
(1)
It is the purpose and intent of this section to:
(a)
Accommodate signs for identification, direction, and as a form of communication.
(b)
Protect the public safety by regulating the size, height, location and lighting of signs in order to avoid undue distractions to motorists and pedestrians.
(c)
Maintain and enhance the aesthetic and historical values of the community.
(2)
These sign regulations are intended to place restrictions on the time, place, and manner (when, where, and how) of signage so that the purposes stated above may be accomplished. This includes restrictions on size, height, location, and number of signs that may be displayed.
B.
Sign measurement.
(1)
Sign area shall be measured as provided below:
(a)
In the case of any sign consisting of one or more sign panels (or a background different from the building where the background is considered by the Zoning Enforcement Officer to be an integral part of and clearly related to the sign), the sign area shall be the smallest rectangle which encompasses the sign panel and all of the lettering, wording and accompanying designs or symbols.
(b)
In the case of any sign consisting of individual letters or symbols affixed to, attached to, or painted on a wall, window, or other part of the building, the sign area shall be the smallest rectangle which encompasses all of the letters or symbols and accompanying designs.
(c)
In the case of a detached sign, the sign area shall not include the vertical, horizontal or diagonal supports which affix the sign to the ground, unless such supports are evidently designed to be part of the sign.
Measurement of Sign Area | |
Sign with Background or Panel  | Sign with Individual Symbols  |
Sign with Multiple Occupants  | Sign with Unconventional Layout  |
(2)
Sign height shall be measured from the average ground elevation around the base of the sign to the top of the sign, including vertical supports or other features.
C.
Residential districts.
(1)
Permitted without zoning permit.
Type of Sign | Maximum Sign Area (square feet) | Maximum Number of Signs | Location | ||
|---|---|---|---|---|---|
(a) | Signs giving name and address of the property and/or the occupant | 1 | 1 per lot | Back of street line | |
(b) | Signs pertaining to the sale, lease or rental of property on which they are located | 6 per sign | 2 per lot | Back of street line | |
(c) | Holiday decorations without commercial advertising | n/a | n/a | Back of street line | |
(d) | Private directional signs | 2 | n/a | Back of street line | |
(e) | Political or ideological signage, provided that: | ||||
• | Such signage shall not be displayed for more than 60 consecutive days | 32 total on any one property | On private property so as not to obstruct sight lines or interfere with pedestrian or vehicular traffic | ||
• | Political signs pertaining to candidates, political parties or political issues in a national, state or municipal election shall be removed within 5 days after the election | ||||
(f) | Any sign erected by the Town, state or federal government or any branch or department thereof relating to traffic safety | Per Manual of Uniform Traffic Control Devices | n/a | Per Manual of Uniform Traffic Control Devices | |
(g) | Directional signs or traffic signs (police approval required if within street line) | 6 | n/a | Back of street line | |
Example Of Name/Address Sign  | Example Of Real Estate Sign  |
(2)
Permitted with zoning permit (staff).
Type of Sign | Maximum Sign Area (square feet) | Maximum Number of Signs | Location | |
|---|---|---|---|---|
(a) | Signs pertaining to a home-based business permitted as an accessory use of the lot | 4 | 1 per lot | Back of street line |
(b) | Signs giving the name of the farm on a wall of an accessory building | Up to 3 per linear feet of wall where displayed | 1 per farm | 30 feet back of street line |
(c) | Signs pertaining to and during the construction or repair of property on which they are located | 25 for all such signs | 2 per lot | 15 feet back of street line |
(d) | Signs on the premises offering lots and/or homes for sale within approved subdivisions; these signs shall not be displayed for more than 12 months | 25 per sign | 2 per subdivision | 15 feet back of street line |
(e) | Special event signs of civic and nonprofit organizations on the premises for not more than 90 days within any 12-month period | 25 | 1 per lot | 15 feet back of street line |
(f) | Temporary special event sign for noncommercial or civic events at the site of the event may be posted no sooner than 30 days prior to the event and removed within 5 days of the event. | 32 total | 1 per lot | |
(g) | Off-premises temporary signs announcing special events posted no sooner than 30 days prior to the event and removed within 5 days of the event | 12 | Up to 15 off-premises locations | |
(3)
Permitted with special use permit (Zoning Commission).
Type of Sign | Maximum Sign Area (square feet) | Maximum Number of Signs | Location | |
(a) | Signs in connection with special use permits authorized by Zoning Commission | 15 | 1 per lot | 15 feet back of street line |
(b) | Common directory sign for civic, educational and/or religious organizations located in Somers (shall require consent of property owner or approval of Highway Department having jurisdiction if within street line) | 50 total; 6 per sign | 1 per major highway near the Town line | |
D.
Business/industrial districts.
(1)
Permitted without zoning permit.
Type of Sign | Maximum Sign Area (square feet) | Maximum Number of Signs | Location | |
(a) | Any sign permitted in a residential district without a zoning permit is permitted in a business or industrial district subject to the same requirements | See Section 214-7.1C(1). | ||
(b) | Each business unit of occupancy above the first floor may display a sign on the inside of each window serving said business unit of occupancy | 6 total for all signs | 1 per window | — |
(c) | Portable sign placed on a business property during business hours only, provided that such sign is not artificially illuminated | 6 | 1 per property | Back of street line |
(d) | Signs attached or painted on a door, window or wall announcing sales or special features, provided that such sign(s) shall not be displayed for more than 30 days and shall be removed immediately after the termination of such sale or special feature | Shall not exceed 25% of the area of said door, window or wall | n/a | |
(2)
Permitted with zoning permit (staff).
Type of Sign | Maximum Sign Area (square feet) | Maximum Number of Signs | Location | |
|---|---|---|---|---|
(a) | Any sign permitted in a residential district with a zoning permit is permitted in a business or industrial district subject to the same requirements | See Section 214-7.1C(2). | ||
(b) | Wall sign(s): exterior sign(s) for a business unit of occupancy on the first floor | 2 per linear foot of building facade for the business unit of occupancy | n/a | Back of street line |
(c) | Directory sign(s): a common directory sign with not more than 1 square foot of sign area for each business unit of occupancy which is served by said entrance | 24 per sign | 1 per entrance | Within 10 feet of building entrance |
(d) | New businesses: Outdoor advertising devices, including but not limited to plaques, banners, pennants and streamers, are permitted for a period of not more than 2 weeks after the opening of a new business. | n/a | n/a | Back of street line |
(e) | Any sign permitted in a residential district with a special use permit is permitted in a business or industrial district subject to the same requirements. | |||
(f) | Detached sign(s): not higher than 15 feet in height nor within 20 feet of a side lot line | 20 total area per sign face | 1 per lot | 20 feet back of street line |
E.
Location and height standards.
(1)
All nonresidential signs shall be located on the same lot as the business location.
(2)
Where more than one sign is permitted or is located on a building, such signs shall be of uniform height and shape.
(3)
A sign shall project not more than 18 inches from the face of a structure and not more than 12 inches into any street, and it shall be at least 10 feet above the level of any walkway it may overhang.
(4)
Signs shall be located to face the street providing access to the property.
(5)
No sign shall be erected within, or overhang, public rights-of-way except public safety signs and other municipal informational signs.
(7)
No sign attached to a structure shall project more than two feet over the top of the exterior wall of such structure at the location of the sign, except that in an industrial district, a sign may project up to six feet over the top of the exterior wall of such structure, provided that the sign is not within 500 feet of the boundary of a residential district.
F.
Standards for lighting and movement.
(1)
A sign may be artificially illuminated, provided that:
(a)
The source of the artificial illumination is external to the sign. (Internally lit signs are not permitted.)
(b)
Any such illumination shall be confined to or directed to the surface of the sign only.
(c)
All light sources of signs shall be designed and shielded in accordance with guidelines of the International Dark Sky Association (IDSA) and so that they cannot be seen from beyond the property on which such sign is located.
(d)
No exposed neon bulbs or light emitting diodes (LED) shall be visible from the exterior of the building.
(e)
No electronic signs with changeable messages shall be visible or readable from the street.
(2)
No flashing, rotating or intermittent illumination shall be permitted except signs indicating time and/or temperature by means of white, intermittent lighting, provided that the longest dimension of such a sign does not exceed five feet.
(3)
No sign or any part thereof shall be mechanically rotated or moved except traditional signs of barbershops, provided that the longest dimension of such sign does not exceed three feet.
(4)
No floodlights of the magnitude typically used as search lights or airport beacons shall be permitted.
(5)
No sign or sign lighting shall be higher than the surrounding tree line so as to obstruct or interfere with a scenic view from afar.
(6)
Any LED lighting installed shall not produce illumination rated above 3,000° Kelvin (3,000K).
G.
Management and maintenance.
(1)
Unless otherwise noted in this section, all signs under these regulations shall require the approval of the Zoning Enforcement Officer and shall meet all requirements of the Building Code and these Zoning Regulations.
(2)
All signs shall be properly maintained and shall not be allowed to fall into disrepair. Failure to maintain signs shall be considered a violation of these regulations.
(3)
Upon discontinuance of tenancy it shall be the responsibility of the property owner to eliminate signs pertaining to a removed use, business or proprietor.
(4)
Signs existing at the time of the adoption of these regulations must be maintained in their existing size, shape and illumination and cannot be structurally altered, enlarged, expanded or moved, and no lights may be added thereto, except as such changes may keep or bring the signs into conformance with these regulations.
§ 214-7.2 Parking and loading.
A.
Purpose.
This section of the regulations is intended to require that buildings, structures and uses of land be provided with a sufficient number of off-street motor vehicle parking spaces, queueing spaces, and loading spaces to meet the needs of persons who may reasonably be expected to use such buildings or structures or to make such uses of land.B.
Number of parking spaces.
All buildings, structures and uses of land shall provide a sufficient number of off-street motor vehicle parking spaces to meet the needs of persons who may reasonably be expected to use such buildings or structures or to make such uses of land. The following schedule of parking requirements shall apply (singularly for a single use and in combinations for more than one use):(1)
Residential uses (including home-based businesses).
Use | Minimum Spaces Required | |
|---|---|---|
(a) | Single-family dwelling | 2 per dwelling unit |
(b) | Multifamily development | 2.00 per dwelling unit, plus 0.20 per dwelling unit in a common lot for guests |
(c) | Dwelling with home occupation | 2 per dwelling unit, plus 1 for clients |
(d) | Dwelling with professional office (not medical or dental) | 2 per dwelling unit, 1 per employee, plus 2 for clients |
(e) | Dwelling with professional office (medical or dental) | 2 per dwelling unit, 1 per employee, plus 4 for patients |
(f) | Convalescent or nursing home or home for the aged | 2 per 3 beds and 1 per 3 employees |
(g) | Housing for the elderly | 2 per 3 dwelling units |
(2)
Business uses.
Use | Minimum Spaces Required | |
|---|---|---|
(a) | Retail and personal service stores | 5 per 1,000 square feet of gross floor area |
(b) | Restaurants | 1 per 3 seats |
(c) | Business offices and banks | 4 per 1,000 square feet of gross floor area excluding basement storage/utility areas |
(d) | Physician/dentist office, clinics | 1 per doctor, 1 per employee, and 2 per examining room |
(e) | Lodging facilities | 1 per guest sleeping room, plus office, restaurant and dwelling requirement where applicable |
(f) | Meeting or conference facilities | 1 per 3 persons/design capacity |
(3)
Industrial uses.
Use | Minimum Spaces Required | |
(a) | Industrial uses, including wholesale and storage | 2 per 3 employees on the largest shift when the capacity of building is in full use |
(4)
Institutional/assembly-type uses.
Use | Minimum Spaces Required | |
(a) | Theater, assembly hall or auditorium having fixed seats and restaurants | 1 per 3 seats |
(b) | Churches and other places of public assembly or recreation | 1 per 6 legal occupants |
(c) | Senior high school | 4 per classroom, plus parking required for auditorium |
(5)
Other uses.
Use | Minimum Spaces Required | |
(a) | Uses not listed | As determined by the Commission based on information provided by the applicant |
C.
Number of loading spaces.
(1)
For all nonresidential uses in business and industrial districts there shall be provided adequate space in suitable locations for the loading and unloading of goods and materials.
(2)
Loading spaces not less than 10 feet wide, 25 feet long and 14 feet high shall be provided in not less than the number indicated below:
Use | Minimum Spaces Required | |
(a) | Retail store buildings | No loading space for the first 5,000 square feet of gross floor area; 1 loading space for the next 20,000 square feet of gross floor area; another loading space for the next 25,000 square feet of gross floor area; and then 1 loading space for each 50,000 square feet of gross floor area thereafter |
(b) | Office, institution, theater and public assembly building | No loading space for the first 25,000 square feet of gross floor area; 1 loading space for the next 100,000 square feet of gross floor area; and then 1 loading space for each 100,000 square feet of gross floor area thereafter |
(c) | Industrial and warehousing buildings | 1 loading space for the first 50,000 square feet of gross floor area; 1 loading space for the next 50,000 square feet of gross floor area; and then 1 loading space for each 100,000 square feet of gross floor area thereafter |
(3)
Loading areas shall only be located in side or rear yards.
D.
Configuration requirements.
(1)
In addition to the parking, queueing, and loading spaces, adequate provisions must also be made for access to the buildings, structures or uses by emergency vehicles, such as police, fire and medical vehicles.
(3)
Parking and loading facilities shall be designed to provide for safe circulation of vehicular and pedestrian traffic within the parking area and in relation to adjacent streets. Where trucks are to be admitted to parking lots, suitable turning and maneuvering geometry shall be provided as recommended by the Trucking Institute and American Association of State Highway and Transportation Officials (AASHTO).
(4)
Parking and loading facilities shall be laid out so that vehicles shall enter and leave the public street or right-of-way only at the approved entrances and exits. Parking emptying onto a state road also requires a state permit.
(5)
All parking spaces in parking areas of more than 25 cars and all loading spaces shall be so located that vehicles entering or leaving such spaces do not block any entrance drive to the parking facility within 20 feet of any street line.
(6)
Dimensions of parking spaces and aisles shall be at least as follows:
(a)
Width of space: nine feet (10 feet if adjacent to wall or column).
(b)
Length of space: 20 feet.
(c)
Width of aisle:
Width of Aisle | ||
|---|---|---|
Angle of Parking | Two-Way Travel (feet) | One-Way Travel (feet) |
With spaces perpendicular to aisle | 24 | 24 |
With spaces at 60° to aisle | 20 | 18 |
With spaces at 45° to aisle | 20 | 15 |
With spaces at 30° to aisle | 20 | 13 |
With spaces parallel to aisle | 20 | 12 |
E.
Other requirements.
(1)
The parking and loading facilities which are required by these regulations shall be provided on the same lot or premises with the structure or land use they are to serve unless shared parking arrangements acceptable to the Commission and evidenced by a permanent agreement filed (or to be filed) on the land records is provided. This requirement shall not apply to the temporary use of land for special events authorized or sponsored by the Town of Somers.
(2)
In determining the adequacy and suitability of parking, queueing, and loading spaces, the Commission shall be guided by the nature and intensity of the use, the volume of traffic expected to use such space and the location of buildings and structures in relation to the street.
(3)
Any area of 100 square feet or more in a parking lot which is not required for a parking space, loading space, aisle, driveway or walkway shall be landscaped.
(4)
In every parking area at least one tree shall be provided for each 10 parking spaces provided in said parking area. The trees shall be distributed over the entire parking lot.
(5)
Provisions shall be made to prevent vehicles from overhanging any walkway and from damaging trees or other landscaping materials, however, use of concrete wheel stops shall be prohibited in the direct path of pedestrians.
(6)
If a parking lot abuts a street line, a landscaped strip at least 10 feet wide shall be provided on the interior side of the property line to prevent encroachment on the street or any sidewalk.
§ 214-7.3 Exterior lighting.
A.
Purpose.
These regulations are intended to provide standards with regard to exterior lighting in order to maximize the effectiveness of site lighting, to enhance public safety and welfare, to raise public awareness of energy conservation, to discourage the installation of lighting fixtures that emit objectionable illumination, to avoid unnecessary upward illumination and illumination of adjacent properties, and to reduce glare.B.
Applicability.
(1)
The standards herein shall apply to all exterior lighting where a site plan application or special use permit is required, except for single-family dwellings.
(2)
A lighting plan, certified by a licensed professional engineer, shall be submitted with any application for site plan approval or special use permit specifying the location and type of all exterior lighting fixtures and the proposed illuminance levels of the proposed development.
C.
Standards.
(1)
All exterior lights, building illumination directed from the exterior of the building, and sign illumination shall be designed, located, installed and directed in such a manner as to:
(a)
Prevent direct glare or light trespass of more than 0.1 footcandle onto neighboring properties;
(b)
Employ evenly distributed, transitional light levels which are consistent from area to area and provide uniform distribution of light without compromising safety and security;
(c)
Minimize contrast between light sources, lit areas and dark surroundings; and
(d)
Be confined within the target area to avoid glare outside the property line or boundary, or into the sky.
(2)
Light fixtures which cast light primarily downward shall be used and lighting fixtures shall be full cut-off type fixtures or Illuminating Engineering Society of North America (IESNA) cut-off fixtures except as approved by the Commission. In no case shall lighting be directed above a horizontal plane or through the top of the lighting fixture, and the fixture shall include shields that prevent the light source or lens from being visible from adjacent properties and roadways. The use of general floodlighting fixtures shall be discouraged.
Prohibited | Required |
 |  |
(3)
All lighting fixtures shall be shielded and aimed so that illumination is directed only to the designated area and not cast on other areas. Attached building or wall lighting shall be screened by the building's architectural features or contain a cutoff shield so that such illumination does not extend beyond an angle of 45° down from the light source.
(4)
All lighting for display, aesthetic, parking and sign lighting shall be placed on timers and turned off after business hours; lighting provided for security may be motion-activated after hours.
(5)
The height of light fixtures shall not exceed 35 feet in height.
(6)
High-pressure sodium light sources are not permitted unless the applicant demonstrates that other alternatives are not adequate or practical for the site.
(7)
Lighting designed to highlight flagpoles shall be targeted directly at the flag.
(8)
The lighting of any outdoor recreation facilities shall be subject to the approval of the Zoning Commission. Where outdoor playing fields or other special outdoor activity areas are to be illuminated, lighting fixtures shall be specified, mounted and aimed so that their beams fall within the primary playing area and immediate surroundings, and minimal light trespass is received off the site, and in no event greater than 0.1 footcandle.
(9)
Any LED lighting installed shall not produce illumination rated above 3,000° Kelvin (3,000K).
§ 214-7.4 Landscaping.
A.
Purpose.
This section of the regulations is intended to preserve existing vegetation and encourage or require planting of new screening and landscaping material in order to help address runoff and drainage, provide transitions between land uses, enhance the appearance and natural beauty of the Town, and to protect and increase property values.B.
General provisions.
(1)
On all site plan and special use permit applications submitted to the Commission, adequate provision shall be made for landscaping on the site in order to meet the purposes of this section.
(2)
Existing plant materials may be used to meet all or part of these landscaping regulations, and diligent efforts shall be made to preserve existing trees in good condition over 18 inches in caliper.
(3)
Nonnative invasive plant species as identified by the State of Connecticut Department of Energy and Environmental Protection shall not be permitted as part of any landscaping plan approved by the Commission.
(4)
All landscaping must be completed in compliance with these regulations or guaranteed by provision of a financial guaranty prior to issuance of a certificate of occupancy.
(5)
The requirement for the provision of landscaping in a growing condition according to accepted horticultural practices shall be the continuing obligation of the owner of the property on which any structure or use is located as long as such structure or use is in existence and its requirement for landscaping continues.
(6)
The Commission may require additional landscaping or more mature plantings when unusual conditions require more extensive screening, or for noise abatement to prevent the depreciation of adjoining residential properties.
(7)
The Commission may reduce the landscape requirements for excellence in building or site design, including, but not limited to, the size and quality of landscape materials, the compatibility of proposed structures with surrounding architectural types, the quality of building materials, and the site characteristics.
C.
Specific landscaping requirements.
(1)
Any application for site plan approval or special use permit shall provide landscaped areas on site which are, in the aggregate, at least 20% of the total lot area. On such lots that are smaller than one acre, the Commission may require landscaped areas on the site which are, in the aggregate, up to 15% of the total lot area.
(2)
Unless modified by the Commission as provided in Section 214-7.4C(5) below, any application for site plan approval or special use permit shall provide a grassed and/or landscaped area adjacent to the street which is not less than 20 feet in depth (measured from the edge of pavement) with at least one shade tree at least three inches in caliper per 50 feet or part thereof of the street frontage, planted outside the road right-of-way and in locations which do not block sight lines.
(3)
Unless modified by the Commission as provided in Section 214-7.4C(5) below, any application for site plan approval or special use permit shall provide a landscaped area along side and rear lot lines at least 10 feet wide with one shade tree at least three inches in caliper for each 50 feet or part thereof of such lines, except that the Commission may reduce or eliminate the side/rear yard landscaped area requirement when:
(a)
Adjacent properties are sharing parking and access as evidenced by a permanent agreement filed on the land records; and/or
(b)
An existing site is being redeveloped and significant landscaping will be added on the site; and/or
(c)
The Commission finds that there will be excellence in landscaping on other parts of the site.
(4)
Unless modified by the Commission as provided in Section 214-7.4C(5) below, any application for site plan approval or special use permit shall provide landscaped end islands and/or landscaped center islands at least 10 feet wide within the parking lot, including deciduous shade trees spaced 40 feet on center, interspersed flowering trees, and low shrubs.
(5)
The Commission may reduce or eliminate one or more landscaped area requirements when:
(a)
An existing site is being redeveloped and meaningful landscaping will be added adjacent to the street or elsewhere on the site to provide landscaped area; and/or
(b)
Parking will be located behind the building or to the side of the building instead of in front of the building; and/or
(c)
When a landscaped area requirement will prevent the building being moved closer to the street to create or enhance a pedestrian-friendly environment; and/or
(d)
The application demonstrates excellence in building and site design; and/or
(e)
The Commission finds that there will be excellence in landscaping on other parts of the site.
(6)
All landscaping, trees and screening material adjacent to parking areas, loading areas or driveways shall be properly protected by barriers, curbs or other means from damage by vehicles.
D.
Buffering and screening requirements.
(1)
Loading areas visible from a street shall have complete visual screening consisting of the following:
(2)
When a proposed use or activity in a business or industrial zone abuts a residential zoning district, the following buffering and screening shall be provided as follows:
(a)
There shall be a landscaped buffer strip of 25 feet in industrial districts adjacent to residential dwellings which may be part of the side or rear yard.
(b)
The building and other activity areas shall have partial visual screening between zoning districts consisting of one deciduous (at least three inches in caliper) or evergreen tree (at least six feet in height) for every 25 feet of zone boundary, provided that at least half of all trees are evergreen trees.
(4)
In the case of a parcel under common ownership lying in more than one district, any buffer required for a use in the business or industrial district may be provided in the portion of the parcel that is in a residential district.
(5)
A hedge, screening fence, or screening wall required by these regulations shall be maintained by the property owner in good condition throughout the period of use of the property and shall be replanted if necessary.
§ 214-7.5 Stormwater management.
A.
Purpose and intent.
This section of the regulations is intended to:(1)
Minimize pollution from nonpoint source runoff;
(2)
Mitigate impacts to the hydrologic system from development;
(3)
Reduce or prevent flooding, stream channel erosion, and/or other negative impacts created by stormwater runoff; and
(4)
Promote the application of low-impact development (LID) strategies.
B.
General standards.
(1)
No structure shall be used, erected or expanded and no land shall be graded or hard-surfaced unless provisions have been made and approved by the Somers Town Engineer or his or her agent for the proper disposal of drainage water, particularly from parking areas and driveways, from areas contiguous to property lines and from low areas which tend to collect drainage water.
(2)
Said disposal shall not increase peak runoff onto nearby properties or public roadways, except as permitted by law.
(3)
Disposal of driveway surface water onto a Town roadway is prohibited and cellar or groundwater interceptor drains shall not be permitted to drain onto public roadways.
C.
Site plan/special use permit requirements.
(1)
Unless modified by the Commission by special use permit as provided in Section 214-7.5D below, any development within the Town of Somers seeking site plan approval or special use permit approval shall implement the following provisions of Chapter 7 of the Connecticut Stormwater Quality Manual (CSQM), as amended:
(2)
In the design of a stormwater management system, design professionals may utilize low-impact development techniques as contained in the Connecticut Stormwater Quality Manual, as amended.
§ 214-7.6 Soil erosion and sediment control.
A.
Purpose.
This section of the regulations is intended to prevent or minimize soil erosion and sedimentation as part of any development activity within Somers.B.
General requirements.
(1)
All development shall establish, implement, and maintain soil erosion and sediment controls in accordance with the publication entitled "Connecticut Guidelines for Soil Erosion and Sediment Control," as amended.
(2)
Erosion and sediment control measures and facilities shall be in place prior to the start of development.
(3)
Erosion and sediment control measures and facilities shall be maintained in effective condition and in accordance with any approved control plan.
(4)
During development, the Zoning Enforcement Officer and/or the Erosion Control Officer may inspect the site at any time to review sediment and erosion control measures, ensure compliance with any approved control plan, and ensure that control measures and facilities have been properly performed, installed and maintained.
C.
Control plan required.
(1)
A soil erosion and sediment control plan ("control plan") prepared in accordance with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended, shall be required in conjunction with any application for development when the cumulative disturbed area is more than 1/2 acre, except that a single-family dwelling that is not a part of a subdivision of land shall be exempt from the requirement to submit a control plan.
(2)
The control plan shall identify proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on the proposed site based on the best available principles, methods, technology and practices as found in the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended.
(3)
Alternative principles, methods and practices from those found in the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended, may be used with prior approval of the Commission.
§ 214-7.7 Driveways.
A.
Driveway entrances to and from a street shall be so located as to provide appropriate visibility and safety to the general public.
B.
No obstruction shall be placed near a driveway which interferes with visibility of those using such driveway or those passing by.
C.
Driveways are permitted in front yards and front yard landscaped areas.
§ 214-7.8 Corner visibility.
A.
No obstruction, such as vehicles, machinery, materials, signs, hedges, trees, shrubs or other growth, shall be created, established or erected:
(1)
To a height exceeding three feet above the street grade within the triangular area defined by points located 50 feet back from two intersecting street lines on local roads;
(2)
Within a larger triangular area on higher volume roads; or
(3)
Which interferes with a clear view of drivers of vehicles on a curve or at any street intersection and/or endangers the safety of those traveling upon such streets.
 |
B.
The Commission or its authorized agent may order the removal of any object which unreasonably obstructs the clear view of drivers or which otherwise endangers the safety of those traveling on a street.
§ 214-7.9 Sewers and water.
A.
All lots shall provide for an adequate potable water supply and for proper sewage disposal for the users intended.
B.
Where a private water system and/or sewage disposal system is planned, a statement of the systems to be used shall be filed with the application for a zoning permit and the system(s) installed shall have the written approval of the local Health Department before a certificate of occupancy may be issued.
C.
Where Town-owned sanitary sewers are planned or available, a statement of use and estimated discharge volume shall be filed with the application for a zoning permit and the system(s) installed shall have the written approval of the Somers Water Pollution Control Authority before a certificate of occupancy may be issued.
§ 214-7.10 Historic significance.
A.
No construction, earthwork operations, or other use of land shall be allowed which, in the opinion of the Commission, is unreasonably or unnecessarily destructive to sites having historical or archaeological significance.
B.
If any sites or materials which may reasonably be suspected of having historical or archaeological significance are discovered during the course of any construction or earthwork operations, such discovery shall be immediately reported to the Zoning Enforcement Officer.
E.
Following a finding of historical or archaeological significance, the Commission may:
(1)
Order a suspension of all or any portion of the activities for a period not to exceed four months for the purpose of allowing further investigation of any such discovery.
(2)
Revoke any existing permit or site plan pertaining to the property, provided that the Commission shall, within 10 days after revocation, issue an amended permit or approve a modified site plan which will allow the work specified in the original permit and/or site plan to proceed subject only to such restrictions or conditions as the Commission may reasonably deem necessary to protect the historical or archaeological value of the site.
§ 214-7.11 Performance standards.
A.
Purpose.
(1)
This section of the regulations is intended to promote and protect the public health, safety and welfare by minimizing noise, glare, odors, heat and vibrations and by minimizing the discharge of toxic substances and other pollutants into the air, surface water, soil and groundwater by the following performance and environmental standards.
B.
Applicability/enforcement.
(1)
No permit shall be issued for a building, structure or use under these regulations if it is determined that such building, structure or use would not comply with these standards.
(2)
If it is determined that any building, structure or use established after the effective date of these regulations is or has been in violation of these standards, the Commission may issue any order or seek any remedy or penalty provided by state or municipal law for the violation of zoning regulations.
C.
Discharge of waste/refuse.
(1)
No treated or untreated sewage, hazardous or industrial materials or wastes or other waste or refuse shall be discharged into any watercourse or wetlands.
(2)
All methods of sewage and waste treatment and disposal shall comply with regulations of the State of Connecticut and the Town of Somers for maximum protection of groundwater.
(3)
No effluent shall contain acids, oils, dust, toxic metals, corrosive or other toxic substances, grease or phosphates, in solution or suspension, which would create odors or which would discolor, poison or otherwise pollute a watercourse, wetlands or groundwater.
D.
Heat.
(1)
No operation or activity shall be carried on which would produce heat perceptible from any property line of the lot on which the operation is located.
F.
Noise.
See "Noise-Related Terms" in Article II of these regulations for definitions of terms used in this section. |
(1)
No sound shall be emitted beyond the boundaries of the lot or parcel on which such sound originates which exceeds the sound levels specified below:
Receptor Zone | |||
|---|---|---|---|
Emitter Use | Industrial (dBA) | Business (dBA) | Residential/Other (dBA) |
Industrial | 70 | 66 | 61 daytime 51 nighttime |
Commercial and retail trade | 62 | 62 | 55 daytime 45 nighttime |
Residential and all other zones | 62 | 55 | 55 daytime 45 nighttime |
(2)
In those individual cases where the background noise caused by sources not subject to these regulations exceeds the standards contained herein, a source shall be considered to cause excessive noise only if the sound emitted by such source exceeds the background noise levels by five dBA, provided that no source subject to the provisions of these regulations shall emit sound in excess of 80 dBA at any time; and provided that this section does not decrease the permissible levels of other sections of these regulations.
(4)
Measurements to determine compliance with these standards shall be taken by a competent person using appropriate equipment at a point that is located about one foot beyond the boundary line of the lot or parcel on which the sound is emitted and within the lot or parcel on which the sound is received.
(5)
These standards shall not apply to:
(a)
Unamplified sounds emitted by or related to the human voice;
(b)
Natural phenomena;
(c)
Wild or domestic animals;
(d)
Bells or chimes from a clock in any building or from a school or church;
(e)
A public emergency sound signal;
(f)
Sounds created by farming equipment or farming activity;
(g)
Any emergency; and/or
(h)
Snow removal.
(6)
The following shall be exempt from the provisions of this section, subject to the conditions noted:
(a)
Noise created by the operation of property maintenance equipment during daytime hours.
(b)
Noise generated by any construction equipment operated during daytime hours.
(c)
Noise created by any recreational activities which are sanctioned by the Town, including but not limited to parades, sporting events, concerts, fireworks displays and local public celebrations.
(d)
Noise created by blasting, provided that the blasting is conducted between 8:00 a.m. and 5:00 p.m. local time and provided that a permit for such blasting has been obtained from appropriate state authorities and the Zoning Commission.
(e)
Noise created by refuse and solid waste collection and disposal, provided that such activity is conducted between 8:00 a.m. and 6:00 p.m. local time.
(f)
Noise created by a fire alarm or intrusion alarm.
(g)
Noise created by public facility maintenance during daytime hours.
§ 214-7.12 Groundwater protection.
A.
Purpose.
This section of the regulations is intended to help protect groundwater quality in order to ensure an adequate supply of safe drinking water.B.
Standards.
(1)
Fuel tanks intended for residential fuel oils or other petroleum products shall be located in basements, garages or in approved structures above ground. Where extenuating circumstances exist (buildings on slab construction, replacement of existing underground tanks, larger than normal tank installation with limited placement possibilities) which create the need for an underground storage tank, new and replacement domestic underground fuel oil or other petroleum product storage tanks shall be designed, constructed and installed in accordance with the standards of:
(a)
The State Building and Fire Codes;
(b)
The National Fire Prevention Association (NFPA 30);
(c)
The American Society For Testing and Materials;
(d)
Connecticut Regulations For Control of Nonresidential Underground Storage And Handling of Oil and Petroleum Liquids; and
(e)
The Department of Energy and Environmental Protection.
(2)
Commercial underground tanks and storage systems shall be designed, constructed and installed in accordance with the standards of:
(a)
The State Building and Fire Codes;
(b)
National Fire Prevention Association (NFPA 30);
(c)
American Society For Testing and Materials;
(d)
Connecticut Regulations For Control of Nonresidential Underground Storage And Handling of Oil and Petroleum Liquids; and
(e)
The Department of Energy and Environmental Protection.
(3)
New and enlarged sites for the accommodation or storage of chemical fertilizers, pesticides, salt and herbicides shall:
(4)
Plans for new and enlarged manure storage sites shall be submitted for review to the Department of Energy and Environmental Protection and the United States Department of Agriculture no later than the day of submission of any application for a zoning permit for such site.
(5)
Any aboveground storage tank shall be on an impervious, structurally diked area to contain any leaks or spills, with no drains, and shall be suitably covered to prevent precipitation accumulation.
(6)
Any of the facilities described above shall be shown on a plot plan filed with the Town Fire Marshal and local Health Department.
C.
Contingency plan required.
(1)
Any commercial or industrial application which uses or generates any hazardous materials shall furnish a hazardous waste contingency plan to the Somers Water Pollution Control Authority and the Somers Fire Marshal for their review and approval, in addition to any other requirements found elsewhere in these regulations.
(2)
This plan shall include, but is not limited to, the following:
(a)
A general description of the facilities with a site plan and floor plan showing the inside and outside locations of any hazardous materials.
(b)
The amount and composition of any hazardous materials that will be handled, stored, generated, treated and/or disposed of on the property.
(c)
Provisions for treatment, storage and/or disposal of any hazardous materials.
(d)
Provisions for containment and emergency procedures in the event of a sudden or nonsudden discharge of hazardous materials, fire or explosion.
(e)
Distance to nearest public water supply wells or AA streams (tributary to public water supply).
D.
Inspection and enforcement.
(1)
The local Health Department, the Building Inspector, the Fire Marshal, and/or the Zoning Enforcement Officer, as the case may be, are authorized to check at any time any nonresidential facility, including but not limited to:
(a)
Metal plating, industrial manufacturing and printing operations.
(b)
Gasoline stations, auto body shops and small engine repair shops.
(c)
Aboveground and below-ground fuel or chemical storage facilities.
(d)
Chemical fertilizer, pesticide, salt and herbicide storage facilities.
(e)
Junkyards and landfill operations.
(f)
Commercial animal farms.
(g)
Town-operated and -controlled septage lagoon or any other pond or depression used for holding domestic wastes pumped from septic tanks.
(2)
Should the local Health Department, Building Inspector or Fire Marshal determine upon inspection that a facility is not in compliance with this section, said official shall immediately notify the Zoning Enforcement Officer.
(3)
Once notified, the Zoning Enforcement Officer shall notify, in writing, the owner of said facility of such noncompliance and the reasons for the same, and the owner shall have 15 days from the date of said notification to cure such noncompliance.
§ 214-7.13 Access management.
A.
Purpose.
This section is intended to manage the number, size, and location of driveways and access points, especially those on major roadways, in order to promote public safety and provide for safer and more efficient traffic operations along major roadways.B.
General provisions.
(1)
Where street geometry, traffic volumes or traffic patterns warrant, the Commission may:
(2)
As part of application approval, the Commission may:
(a)
Require the establishment of a mutual driveway or other easements to provide a single point of access for two or more abutting properties in a location acceptable to the Commission and the Traffic Authority;
(b)
File such easements on the land records in favor of the abutting property owners and/or the Town of Somers as shall be acceptable to the Commission and the Town Attorney; and/or
(c)
Utilize a mutual driveway or other easement that exists on abutting property in lieu of having a separate curb cut onto a road or street.
(3)
In reviewing existing and future curb cuts, the following guidelines shall be considered:
(a)
Cuts should generally be located opposite existing streets and/or major driveways;
(b)
The number of site access points should be limited;
(c)
Driveway closures should not restrict internal site circulation;
(d)
Internal connections between adjacent properties and the combination of access/egress driveways serving adjacent properties shall be required whenever practicable.
§ 214-7.14 Pedestrian improvement.
A.
Purpose.
This section is intended to provide for the establishment and improvement of a pedestrian network in Somers.B.
Standards.
(2)
To provide safe pedestrian access, sidewalks and/or walkways may be required by the Commission along street frontages and within the site to serve buildings and parking areas in the following locations:
(3)
Unless modified by the Commission, sidewalks shall be at least five feet wide and constructed of concrete unless an alternative surface treatment is considered acceptable by the Commission.
§ 214-7.15 Refuse management.
A.
Purpose.
This section is intended to provide standards for the location and design of dumpsters, other refuse containers, and refuse management in general on business and/or industrial properties.B.
Standards.
(1)
To minimize visibility from the street and from nearby residential uses, dumpsters and other refuse equipment or facilities on business and/or industrial properties shall, unless otherwise approved by the Commission, be screened by buildings, fences, walls, landscaped berms or evergreen shrubs, trees, and/or other means to provide complete visual screening.
(2)
To reduce windblown refuse or other impacts, dumpsters and other refuse equipment or facilities shall, unless otherwise approved by the Zoning Enforcement Officer, be contained within a fenced or landscaped enclosure.
(3)
Dumpsters and other refuse equipment or facilities shall not be placed in such a manner as to reduce the number of available parking spaces on the property to less than that required by these regulations.