Somers City Zoning Code
ARTICLE VIII
Special Provisions
§ 214-8.1 Dimensional exceptions.
A.
Yard setback exceptions.
(1)
An appropriate driveway may be located within the required front yard setback.
(3)
The following major projections of structures in residential zones may project not more than five feet into any required yard setback:
(4)
The yard setback requirements of these regulations shall not be deemed to prohibit any necessary retaining walls nor any fence, wall or other required barrier to contain noise or provide screening; provided, however, that:
(5)
A sign permitted in accordance with Section 214-7.1 of these regulations may be placed within the required front yard setback.
(6)
Where it can be demonstrated that solar access, protection or control of the south facing wall of a dwelling will be hindered by the required minimum distance between the structure and the lot line, said yard may be reduced by the Zoning Commission not more than 10 feet in order to accommodate passive solar facilities for homes that are one year old or older.
B.
Height exceptions.
(1)
Subject to the limitations in Section 214-8.1B(2), the height limitations of these regulations shall not apply to:
(2)
For the exception to the height limitations, such features listed in Section 214-8.1B(1) may only be erected to such height as is reasonable and necessary to accomplish the purpose that they are intended to serve and such features must:
C.
Lot frontage/area exceptions.
(1)
Provided that such lot has its frontage on a street and that sanitary sewage disposal and a potable water supply can be assured without hazard to public health, the lot frontage and lot area requirements of these regulations or amendments thereto shall not prevent construction of a permitted building or establishment of a permitted use on a lot that:
(a)
Was owned separately from any adjoining land prior to December 12, 1953, as evidenced by deed recorded in the Somers land records;
(b)
Was lawfully established in conformance with the lot frontage and lot area requirements of these Zoning Regulations that were in existence at the time the lot was established; or
(c)
Was shown on a plan of subdivision or resubdivision approved by the Planning Commission after December 12, 1953.
(2)
Any deviation from current yard setback requirements for such lot shall require a variance from the Zoning Board of Appeals.
§ 214-8.2 Nonconforming conditions.
A.
Purpose and intent.
It is the purpose and intent of these regulations to:B.
Nonconforming lots.
(1)
In any district, a principal building and customary accessory buildings and structures may be erected on a lawful lot existing as of the effective date of adoption or amendment of these regulations, or any applicable amendments hereto, provided that the yard dimensions and requirements other than those applying to lot area or lot frontage shall conform to the requirements of the district in which such lot is located.
(2)
A nonconforming lot shall not be reduced in area, dimension or any other manner which would increase its nonconformity.
(3)
If a nonconforming lot is converted to a conforming lot, it shall thereafter conform to the requirements of the district in which it is located, and the nonconforming lot shall not thereafter be resumed.
C.
Nonconforming uses.
(1)
Where a lawful use exists at the effective date of adoption or amendment of these regulations, or any applicable amendments hereto, which use is no longer permitted under these regulations as adopted or amended, such use may be continued so long as it remains otherwise lawful.
(2)
Ordinary repairs may be made or remodeling done to any structure devoted in whole or in part to a nonconforming use, provided that such work does not increase the nonconformity.
(3)
Any building or structure containing a nonconforming use, which has been destroyed or damaged by fire, explosion, act of God, or by public enemy may be restored only to the same dimensions, gross square foot area and cubic volume existing immediately prior to such damage or destruction.
(4)
A nonconforming use shall not be considered terminated or deemed abandoned unless the property owner of such use voluntarily discontinues such use and such discontinuance is accompanied by an intent not to reestablish such use.
(5)
After the effective date of adoption or amendment of these regulations or any applicable amendments hereto, unless a special use permit has been granted by the Commission in accordance with Section 214-9.4 of these regulations to allow the particular nonconforming use to be altered, a nonconforming use shall not be:
(a)
Enlarged or increased, nor extended to occupy a greater floor area or area of land than was occupied at the effective date of adoption or amendment of these regulations;
(b)
Moved in whole or in part to any portion of the land other than that occupied by such use at the effective date of adoption or amendment of these regulations; or
(c)
Extended or enlarged by the attachment to a building or land of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(6)
A nonconforming use may, by granting of a special use permit by the Commission in accordance with Section 214-9.4 of these regulations, be changed to another nonconforming use, provided that:
(a)
The Commission shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use;
(b)
The Commission may attach such conditions and safeguards as may be required to protect the public health, safety and general welfare and to ensure continued compliance with these regulations; and
(c)
A written statement of intent to abandon the prior use is submitted.
(7)
If a nonconforming use is abandoned, the previous nonconforming use shall not thereafter be resumed.
(8)
No nonconforming use shall be moved in whole or in part to any other portion of the property occupied by such use at the effective date of adoption or amendment of these regulations.
D.
Nonconforming structures.
(1)
Where a lawful structure exists at the effective date of adoption or amendment of these regulations, or any applicable amendments hereto, which could not be built under the provisions of these regulations as enacted or amended by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful.
(2)
A nonconforming structure may be moved within its existing lot so long as such move decreases its nonconformity.
(3)
Provided that such work does not increase the nonconformity, nothing in these regulations shall prevent:
(a)
Ordinary repairs made to a nonconforming structure;
(b)
The strengthening or restoring to a safe condition of a nonconforming structure declared unsafe by the Building Official; or
(c)
The strengthening or restoring to a safe condition of any part of a nonconforming structure where required by any lawful order.
(4)
A nonconforming building or structure shall not be considered terminated or deemed abandoned unless the property owner of such building or structure voluntarily discontinues such building or structure and such discontinuance is accompanied by an intent not to reestablish such building or structure. The demolition or deconstruction of a nonconforming building or structure shall not by itself be evidence of such property owner's intent not to reestablish such building or structure.
(5)
A legal nonconforming structure may be maintained, repaired, restored, rebuilt, replaced or altered, provided that such work:
(a)
Results in a building or structure with the same dimensions, gross square foot area, cubic volume, density, bulk and site location existing in the previously existing structure;
(b)
Does not increase the nonconforming aspect of the structure; and
(c)
Complies with other applicable parts of these regulations for the specific use and zone.
(6)
Unless a special use permit is granted by the Commission, no extension or enlargement of any nonconforming building or structure shall be made which increases the nonconformity of such building or structure (horizontally or vertically).
(7)
The extension or enlargement of any building within a special flood hazard area shall meet the Flood Damage Prevention Regulations.
(8)
After the effective date of adoption or amendment of these regulations or any applicable amendments hereto, a nonconforming structure shall not be enlarged or altered in a manner which increases the nonconformity.
(9)
A legal nonconforming structure which is damaged or destroyed by fire, explosion, act of God, or the public enemy, may be rebuilt:
E.
Illegal use.
Nothing in these regulations shall be interpreted as authorization for or approval of the continuation of any use of land, building, structure or premises which, when commenced or first established, was in violation of the zoning regulations then in effect and which has never subsequently been legally validated by any amendment to such regulations or by any provision of state law.§ 214-8.3 Telecommunication facilities.
A.
Purpose.
(1)
These regulations are intended to establish guidelines and standards for the siting of telecommunication facilities in Somers in order to protect the public safety and general welfare and, through design, siting, and screening, to minimize any adverse effects.
(2)
The Town of Somers recognizes that wireless communication services have become an important means of communication relied upon by residents and visitors. Wireless telecommunication services also have a public safety component since they can be used to summon police, fire and other emergency services, if or when needed. The Town intends to balance the public need or benefit resulting from wireless communications service in Somers while seeking the least obtrusive means of having such services available and minimizing possible negative impacts.
Please note that antenna structures operated by licensed amateur radio operators are addressed in Sections 214-3.3C(7) and 214-4.4B(4)(h). |
B.
Facilities requiring special use permit.
The following telecommunication facilities shall require a special use permit from the Zoning Commission, and any such facility shall be reviewed for consistency with a) The purposes of this Section 214-8.3; b) The special use permit criteria contained in Section 214-9.4E of these regulations; and c) The standards contained in Section 214-8.3D of these regulations.(1)
New public safety tower or antenna: a new antenna and/or tower intended and used primarily for the purpose of police, fire, ambulance, and/or other emergency services or similar emergency communications.
(2)
New tower or antenna on Town-owned property: a new antenna and/or tower located on property owned, leased or otherwise controlled by the Town of Somers.
(3)
New tower or antenna: any new antenna and/or tower not regulated by the Connecticut Siting Council or by the Public Utilities Regulatory Authority, including but not limited to radio towers, meteorological towers, or similar towers.
C.
Facilities regulated by state authorities (state).
For telecommunication facilities regulated by the Connecticut Siting Council (CSC) or the Public Utilities Regulatory Authority (PURA), the standards contained in Section 214-8.3D of these regulations shall be submitted to such regulatory agency and shall be considered part of the "location preferences or criteria" as that term is used in C.G.S. Chapter 277a.(1)
Connecticut Siting Council. As provided in Chapter 277a of the Connecticut General Statutes (C.G.S. Section 16-50g et seq.) and the rulings of the Connecticut Siting Council, telecommunications towers owned or operated by the state, a public service company, certified telecommunications provider or used in a cellular system including:
(a)
Establishment of new towers (or built to support telecommunications antennas);
(b)
Co-location of new antennas on existing towers;
(c)
Modification of approved towers; and
(d)
Applications to attach small cells to a new structure, an electric transmission pole or other freestanding structure.
Applicants to the Connecticut Siting Council are strongly encouraged to meet with the Zoning Commission within 30 days of the preapplication notice to a municipality as required by C.G.S. Section 16-501.(f)(1), to review technical reports concerning: | |
• | The need for the facility; |
• | A description of the site selection process; |
• | Any alternate sites considered; |
• | Measures to mitigate potential aesthetic impacts of the facility; and |
• | The potential environmental effects of the proposed facility. |
Such meeting with the Commission shall not be in lieu of the public informational meeting as provided for by C.G.S. Section 16-501.(f)(1). | |
(2)
Public Utilities Regulatory Authority. As provided in Chapter 283 of the Connecticut General Statutes (C.G.S. Section 16-228 et seq.) and the rulings of the Public Utilities Regulatory Authority (PURA), the placement of small cell or similar (telecommunication) facilities on utility poles (including replacement or convenience poles) that are part of the electric distribution system.
D.
Standards.
The following standards apply to applications submitted to the Commission under Section 214-8.3E and to applications submitted to the CSC or PURA.(1)
Location.
(a)
Protect the Town's visual quality and minimize any adverse visual impacts of wireless communication facilities through proper design, siting, and screening.
(c)
Avoid locating wireless communication facilities in locations which will have adverse visual impacts upon:
[1]
Recognized historic places (properties listed in the National Register of Historic Places and/or the State Register of Historic Places).
[2]
Designated historic districts (National Register Historic Districts, State Register Historic Districts, and/or local historic districts).
[3]
Scenic resources designated in the Plan of Conservation and Development or elsewhere.
(2)
Antenna type.
(a)
For new towers, Somers expresses its preference that the number of towers be minimized, especially visually prominent ground-mounted towers.
(b)
Somers expresses its preference for wireless communication facilities in the following order/hierarchy:
Preferred | ||
Existing utility poles | Small cell or other similar telecommunication facilities on existing utility distribution poles | |
Structure-mounted (provided that such installation preserves the character and integrity of those structures) | Totally enclosed within: | |
• | An existing structure | |
• | A new steeple, chimney, or similar architecturally compatible structure | |
Externally mounted on the wall of: | ||
• | An existing structure | |
• | A new steeple, chimney, or similar architecturally compatible structure | |
Mounted on or within a new purpose-built structure designed to fit Somers's overall character (such as a structure designed to look like a barn, silo, or similar) | ||
Externally mounted on the roof of: | ||
• | An existing structure | |
• | A new steeple, chimney, or similar architecturally compatible structure | |
Internal mount on tower | New internally mounted antennas on an existing or new tower (monopole or flagpole) | |
Not Preferred | ||
Up-sized utility poles | Small cell or other similar telecommunication facilities on utility poles that are substantially larger in size or scale compared to existing utility poles | |
External mount on tower | New antennas externally mounted on existing or new pole (co-location) including monopine or monopole New lattice tower New guyed tower | |
(3)
Design.
(a)
For new installations, all wireless communication facilities and associated equipment and material shall be visually shielded, camouflaged, and/or minimized to be as visually unobtrusive as possible when viewed from nearby properties and public roadways.
[1]
The design of the equipment, buildings and related structures shall, to the extent possible, use materials, neutral colors, finish, textures, screening, and landscaping that will blend them into their location.
[2]
Any building-mounted antenna shall not extend more than 10 feet above the highest point of the structure unless specifically approved by the Commission due to unusual circumstances.
[3]
Any building-mounted antenna shall be completely screened or shall be designed and installed to be architecturally compatible with the structure in question.
(b)
New towers shall be located away from property lines and habitable buildings at least as far as the height of the tower, including any antennas or other appurtenances, unless adequate information has been provided to demonstrate that a yield point or other approach has been designed into the tower to avoid a tower falling on adjacent properties or habitable buildings.
(c)
With regard to installations on utility poles:
(d)
Lighting of any wireless communication facilities shall be clearly disclosed and shall not exceed what is clearly necessary for public safety. No towers shall be artificially lighted unless required by the FAA or other applicable authority and specifically authorized by the Commission.
(e)
Signage shall be clearly disclosed and should not exceed what is clearly necessary for public safety.
(f)
Site development shall minimize impervious surfaces, avoid soil erosion and runoff problems, maintain natural buffers, and provide for security and safe access.
(g)
Towers shall be protected to prevent unauthorized climbing.
(4)
Equipment shelters.
(a)
For equipment shelters associated with telecommunications facilities:
[1]
The presence of wireless communication equipment shall be concealed within buildings that resemble sheds and other building types found in Somers.
[2]
Such buildings shall not exceed one story in height and shall not exceed the maximum height in feet for an accessory building as specified in Section 214-3.4 of these regulations.
[3]
Such equipment and shelters shall be set back from property lines in accordance with the requirements of the zoning district for the minimum yard setbacks for principal buildings.
[4]
Such equipment shelters shall, in the opinion of the Commission, be appropriately scaled (floor area, height) and designed for the setting and the number of carriers provided.
[5]
In unusual situations where the above is not practical or desirable, the Commission may allow the use of underground vaults or ground-mounted equipment shielded by extensive landscaping and/or fencing.
(b)
For building mounted antennas, equipment vaults shall be concealed or screening appropriate to the building shall be used to shield equipment from view.
(c)
Any equipment cabinets or other appurtenances used in association with the tower or antenna shall be clearly shown as part of the application, including how such equipment is designed to blend with the surrounding landscape or be obscured from adjacent properties and streets.
(d)
Security fencing, no more than six feet in height, may be required by the Commission around the antenna, tower, and equipment depending on the nature of the installation.
(e)
Landscaping, including buffering, may be required by the Commission around the antenna, tower, and equipment depending on the nature of the installation.
E.
Application requirements/requests.
For applications filed with the Zoning Commission (ZC) under Section 214-8.3, the information identified below as relevant will generally be required unless modified or waived by the Commission. For applications filed with the Connecticut Siting Council (CSC) or the Public Utilities Regulatory Authority (PURA), the information identified below as relevant is requested.Information | ZC | CSC | PURA | |||
|---|---|---|---|---|---|---|
(1) | Carrier identified |  | | | ||
(a) | A statement identifying which licensed carrier is either an applicant or a co-applicant on the application | |||||
(2) | Emergency service needs considered | |||||
(a) | A statement identifying whether an authorized emergency services organization (police, fire and/or ambulance services) is either an applicant or a co-applicant on the application | | | |||
(b) | If an authorized emergency services organization is not a co-applicant, statements from police, fire and ambulance services indicating whether they have any emergency service communication needs which could be addressed by the proposed facility | | | |||
(c) | Documentation that the proposed facility will not cause any interference with any emergency or public safety radio system | | | | ||
(3) | Regulatory compliance | |||||
(a) | A statement that all towers, antennas, and/or equipment will, at all times, be operated in accordance with relevant local, state, and federal regulations | | | | ||
(b) | Documentation regarding noise emission from equipment and steps to be taken so that any equipment noise is inaudible at the property line | | | | ||
(4) | Coverage | |||||
(a) | Coverage parameters used in the analysis of potential sites | | | | ||
(b) | Information on all tower sites considered and the reasons for rejection of any site | | | |||
(5) | Visual impact and extent | |||||
(a) | For a new tower, the boundaries of the tower's viewshed (the area within which the tower can be seen based upon topography) | | | |||
(b) | For a new tower, notice of a balloon test for the proposed site shall be published in accordance with the notice provisions in C.G.S. Section 8-7. | | | |||
(c) | Illustrations of the proposed tower, antennas, equipment shelters, and any other construction or development attendant to the facility | | | | ||
(d) | Visual simulation of the proposed tower, antennas and equipment enclosure(s) | | | | ||
(e) | A statement indicating whether utilities serving the facility will be overhead or underground | | | |||
(f) | A statement indicating whether the site will require lighting per the FAA regulations and, if so, what type of lighting is proposed | | | |||
(g) | A statement as to whether any commercial logo or identification will be placed on any equipment so as to be visible from adjacent property or a public street | | | | ||
(6) | Construction plans | |||||
(a) | For towers, site plans with 2-foot contour intervals showing all proposed changes to the existing property, including clearing, grading, structure and equipment location(s), temporary or permanent roads or driveways, existing and proposed stormwater management facilities, and other considerations | | | |||
(b) | For utility pole installations, site plans showing all proposed changes within the street right-of-way or on nearby property, including vegetation removal, grading, and other considerations | | ||||
(c) | For towers, drawings of the tower and key dimensional parameters, including any built-in yield point or other parameter | | | |||
(d) | Drawings of any building, underground vault, fence, screening, or other enclosure for equipment | | | |||
(e) | For towers or for any ground-based equipment or structures, landscaping drawings | | | | ||
(7) | Other requirements | |||||
(a) | A statement shall be submitted indicating whether there are any deed restrictions or easements or other encumbrances that would affect the installation of wireless communication facilities | | | |||
(b) | For applications to PURA, the applicant shall submit a statement indicating their willingness to schedule a public information meeting in Somers if requested by the Town | | ||||
(8) | Operational considerations | |||||
(a) | A statement about whether the site will require lighting per the FAA regulations or be installed for any reason and, if so, what type of lighting is proposed | | | |||
(b) | The applicant's program for annual reporting of the contact person | | | | ||
(c) | The applicant's proposal for documenting, upon request by the Town: | | | | ||
• | Whether radio frequency emissions from the antennas and/or equipment exceed FCC guidelines and actions taken to correct any noncompliance | |||||
• | Whether equipment at the site complies with noise limitations and actions taken to correct any noncompliance | |||||
(d) | For new towers, the applicant shall prepare and submit an affidavit acceptable to the Commission, for recording on the land records, declaring responsibility for the orderly removal of towers, antennas and associated equipment and restoration of the site at the operator's expense. | | | |||
(e) | A written maintenance plan for the site, including, but not limited to, all facilities including landscaping at the site | | | |||
§ 214-8.4 Earthwork regulations.
A.
Purposes.
The purposes of this section of the regulations are to preserve a cover crop on the land, to prevent erosion and to control any earthwork operations that may create a safety or health hazard to the public or the nearby property owners or be detrimental to the immediate neighborhood or to the Town of Somers.B.
Allowed with no zoning permit required.
An earthwork operation is permitted without obtaining additional zoning approval, provided that no blasting, mechanical rock splitting, or similar dislocation is involved, and provided that such earthwork activity occurs in connection with one of the following:(1)
Earthwork involving 1,000 cubic yards or less of earth material when associated with a development or activity for which site plan approval or a special use permit has been issued by the Zoning Commission or the Planning Commission and the amount of earthwork has been declared by the applicant and approved by such Commission.
(2)
Earthwork involving 1,000 cubic yards or less of earth material associated with a development or activity for which a zoning permit has been issued by the Zoning Enforcement Officer and the amount of earthwork has been declared by the applicant and approved by the Zoning Enforcement Officer.
(3)
The landscaping of a lot having one or more existing structures and involving 1,000 cubic yards or less of earth material.
(4)
Normal agricultural operations.
(5)
The construction of ponds for agricultural or conservation purposes, provided that the material removed is left on the site, that the earthwork does not affect any watercourse or wetlands drainage or flow and will not cause soil erosion or sedimentation problems and that any other state or municipal permits required for such activity have been issued.
(6)
Earthwork associated with construction of a road in a subdivision approved by the Planning Commission with a financial guaranty for erosion and sediment control on file.
Existing earthwork operations may continue as nonconforming uses until the expiration of their yearly permit, but the operator must then file a statement with the Commission setting forth the area included in the operation and the nature, extent and purpose of the operation now being carried on. After such a statement is filed with and approved by the Commission, any extension, change or renewal of the operation shall be considered a new operation and shall require compliance with these regulations. |
C.
Allowed with site plan approval.
(Reserved)D.
Allowed with special use permit.
(1)
Earthwork of more than 1,000 cubic yards. Unless allowed in accordance with Section 214-8.4B, any earthwork, including, but not limited to, excavation or removal of sand, gravel, clay, soil, humus, quarry-stone, rock or other earth materials or filling of land, shall require a special use permit.
(2)
Blasting or similar dislocation. Any blasting, mechanical rock splitting, or similar dislocation associated with any earthwork, including, but not limited to, excavation or removal of sand, gravel, clay, soil, humus, quarry-stone, rock or other earth materials or filling of land, shall require approval of a separate special use permit by the Commission. As part of the application review process, the Commission shall consider the following:
(a)
A report from the Fire Marshal.
(b)
Reports from any other local or state agency having jurisdiction over blasting, mechanical rock splitting, or similar dislocation operations.
(c)
A report submitted by the applicant regarding whether the blasting, mechanical rock splitting, or similar dislocation operation will constitute a nuisance or cause damage to nearby property.
(d)
Information submitted by the applicant demonstrating adherence to guidelines issued by the Department of Energy and Environmental Protection such as the Guidance Document For Evaluating Potential Hydrogeologic Impacts Associated With Blasting & Development Activities (2019), as may be amended, including a drinking water well receptor survey.
URL active as of April 2021 |
https://portal.ct.gov/-/media/DEEP/site clean up/potable water/Blasting-Guidance-Dec2019.pdf |
(e)
Information submitted by the applicant with regard to proposed blasting materials, proposed mechanical rock splitting lubricants, and/or other materials proposed to be used (including Material Safety Data Sheet information).
(3)
Crushing or separating operations. Crushing or separating operations shall also require approval of a separate special use permit by the Commission.
E.
Procedures for special use permit.
(1)
Issuance. The Zoning Commission may issue or renew a special use permit for earthwork operations involving earth products and:
(2)
Renewal.
(a)
The Zoning Commission may renew a special use permit if it determines that the operation, as carried on, is in compliance with these regulations and with any and all conditions set forth in the permit.
(c)
A project may be divided into stages and approval shall be required by the Commission before each stage is undertaken if deemed necessary or desirable by the Zoning Commission.
(3)
No special use permit shall be issued or renewed pursuant to this section unless the following conditions are met:
(a)
The activity shall not result in the creation of any sharp declivities, pits or depressions, soil erosion, soil fertility problems or permanently depressed land values, or create any drainage or sewage problems or other conditions which would impair the use or reuse of the property or neighboring property in accordance with these Zoning Regulations or which would create a nuisance.
(b)
The activity shall be in harmony with the general purpose and intent of these regulations and shall not have an adverse effect on any existing or potential surface water or groundwater supplies.
(c)
The premises shall be excavated and graded in conformity with the proposed plans as approved.
(d)
During the period of earthwork operations, adequate barricades and/or woven fences with middle posts, four feet in height, shall be erected for protection of vehicles and pedestrians.
(e)
No heavy equipment other than for digging, leveling, loading and carting excavated material shall be used on the site, and no material shall be processed on the site, unless permission, in writing, is first obtained from the Zoning Commission.
(f)
At all stages of operation, proper drainage will be provided to avoid the occurrence of stagnant water and to prevent interference with and contamination of surface water and groundwater.
(g)
During and after the earthwork operations, the site shall be cleared of debris.
(h)
Silt and sediment shall not be permitted to run off the site, and settlement basins shall be used to control sedimentation.
(i)
All arable soil from any earthwork operations area shall be set aside and retained on the premises, and shall be respread over the affected area and permanently seeded upon completion of the entire operation or any part thereof.
(j)
Unless a plan for removal is coordinated with the owner of an adjacent tract and approved by the Commission:
[1]
No activity involving or related to the removal of earth materials or the filling of land shall be conducted nearer than 100 feet from any property line.
[2]
If the final grade of any excavated or filled area will be below the established elevation of a street, no activity involving or related to the removal of earth materials or the filling of land shall be conducted nearer than 100 feet from such street line.
[3]
Such prohibited activities include, but are not limited to, excavation, removal, stockpiling and clearing.
[4]
Measurement shall be made from the property line or street line, as appropriate, to the nearest point of such removal, filling or other activity.
[5]
In areas in which the natural vegetation within any such 100-foot buffer area is not, in the opinion of the Commission, sufficient to provide screening of adjacent properties or streets from dust, noise, erosion, drainage or other potential problems arising from the activity, the Commission may require that suitable plantings or other screening be provided by the applicant.
[6]
Notwithstanding the foregoing provisions, the Commission may allow any buffer area to be crossed by a driveway or other accessway not to exceed 28 feet in width and as close to 90° through the buffer area as possible if such access is necessary to allow the conduct of the proposed activity, or if it would be more reasonable and prudent than any alternative access.
[7]
The length, cost, location and other characteristics of any alternative access may be considered by the Commission in determining whether such access would be more reasonable or prudent.
(k)
Earth products removal operations shall not be permitted to excavate to a depth any closer than five feet above the site's high-water table.
(l)
Proper measures shall be taken to minimize the generation of dust on access roads or driveways, and to minimize the nuisance of noise, flying dust and rocks, both on and off the premises, including any nuisance created by trucks hauling away or delivering material.
(m)
If considered necessary by the Zoning Commission, a limitation may be placed upon the stockpiling of excavated or fill material.
(n)
Local streets shall be kept clean by the permittee of the earthwork operation at all times.
(o)
Upon completion of an approved operation, the final grades in any area excavated or filled shall not be steeper than three to one, horizontal to vertical, or whatever lesser slope is necessary to maintain stability under particular soil conditions, and this area shall be covered with not less than six inches of topsoil, and, unless put under cultivation, it shall be treated with two tons of lime per acre, 1,000 pounds of 10-10-10 fertilizer per acre and permanently seeded.
(p)
A permanent grass mixture and/or trees spaced apart not more than seven feet on center shall be planted on the restabilized area.
(q)
These plans shall be referred to the Natural Resources Conservation Service or other agency for recommendations.
(r)
Machines and trucks working in, to and from the pit area shall be properly muffled and covered at all times.
(s)
All trucks shall be required to take the shortest distance to a state road.
(t)
Topsoil or loam shall not be removed from any property except in accordance with Section 214-8.4E(1).
(u)
The site will be subject to continuously conform to the State of Connecticut Guidelines for Soil Erosion and Sediment Control, as amended.
F.
Standards.
(1)
Topsoil or loam.
(a)
Topsoil or loam may only be removed to the extent necessary to allow permitted building or other construction activities.
(b)
Such topsoil or loam shall be retained on the property and shall be respread on the property following the completion of construction activities.
(c)
Such topsoil and loam shall then be reseeded or otherwise stabilized to prevent erosion.
(d)
Topsoil or loam may be removed from the property only if the applicant demonstrates to the Zoning Commission that such materials cannot be practically reused on the property.
(2)
At no time shall more than one undivided area, which area shall not exceed three acres in size, be opened within the lot, it being the intent of these regulations that the remainder of the lot either shall be undisturbed land or shall have been restored or stabilized in accordance with Section 214-8.4D(3)(o). Boundary stakes shall be maintained at all times for the purpose of inspection for compliance.
(3)
No earthwork operation shall be permitted within 50 feet of a wetland or watercourse unless the applicant demonstrates that such earthwork operation will not adversely affect the water quality of such wetlands or watercourse or cause erosion of or sedimentation into such wetland or watercourse. The applicant should be aware that a permit from the Somers Conservation Commission may be required in such cases.
(4)
No activity connected with any earthwork operation may be undertaken on any Sunday or any legal holiday; or earlier than 7:30 a.m. nor continue after 5:30 p.m. Monday through Friday; or earlier than 8:00 a.m. nor continue after 12:00 noon on Saturday. No processing of earth products shall take place on Saturdays. Processing of earth products in cases of emergencies may be granted by special permission of the Zoning Commission.
(5)
As a condition for granting a special use permit, the Zoning Commission shall decide on the total number of acres to be excavated and the depth of the operation.
(6)
Filling operations shall be carried on in such a manner as to prevent the breeding or harboring of insects, rats or other vermin, and to prevent the transport of fill or excavated material, or any waste or debris, off the premises by wind, water or other causes.
(7)
Failure to meet any requirement shall bar the issuing of a permit, regardless of whether such failure was caused by the applicant, any predecessor in title or any other person.
G.
Application requirements.
(1)
In addition to any other requirements for site plans under these regulations, the site plan for an earthwork operation shall include the following information:
(a)
Location of area to be excavated or filled and proposed commencement and completion dates.
(b)
A detailed statement of the nature, extent, timing and purpose of the operation.
(c)
Depth of existing topsoil at various locations.
(d)
Depths to water table before and after the operation.
(e)
Proposed truck routes. Access and egress to and from the property must be at least 100 feet from side and rear lot lines.
(f)
Proposed truck circulation within the property.
(g)
Existing and proposed drainage on the premises.
(h)
Proposed measures for control of runoff, soil erosion and sedimentation.
(i)
Existing topographic contour lines on the premises and proposed final contour lines resulting from the intended earthwork operation, shown on a map, drawn to scale of not more than 40 feet to the inch, and with contour intervals of no greater than five feet. Contour lines must be shown for all areas within, and within 100 feet of, the site of the proposed earthwork operation.
(j)
All existing buildings or structures on the site and any buildings, structures or uses being applied for.
(k)
Surrounding properties and streets.
(2)
A fee of $600 per year shall be levied upon the permittee to defray the expenses of inspections and reports.
H.
Financial guaranty requirements.
(1)
As a condition of the special use permit, the applicant shall post a financial guaranty in the amount equal to 120% of the cost estimated by the applicant and approved by the Commission (but not less than $10,000) for:
(2)
Such financial guaranty shall be in the form of a continuous surety bond, irrevocable letter of credit, cash or passbook acceptable to the Commission.
(3)
In order to ensure the faithful performance and completion of the work pursuant to the conditions of the special use permit approval, any financial guaranty provided under this section shall be filed with the Town in a sum and form satisfactory to the Town Engineer, Town Attorney and the Commission and shall be in force until canceled by the Commission.
(4)
Such financial guaranty shall provide terms acceptable to the Town Attorney specifying that:
(5)
Cessation of operations for a six-month period shall be considered as cause to call the financial guaranty to address stabilization of the site.
I.
Restrictions on transfer.
(1)
No special use permit issued in accordance with this section shall be transferable or assignable to any other person, corporation or legal entity, and no transfer of deed involving an earthwork operation shall occur until:
(a)
Complete restoration of an earthwork operation has been completed to the Commission's satisfaction;
(b)
The full amount of the financial guaranty has been released to the Town to complete the restoration of the site; or
(c)
The person, corporation or legal entity responsible for the restoration of the earthwork operation submits proof acceptable to the Commission that new security, satisfactory to the Commission, is in force before the present security is released.
(2)
Any alienation of title to the premises concerning which a permit has been issued, whether by sale, lease, gift, devise or other means, shall:
(a)
Operate as a revocation of said special use permit, and any subsequent owner, lessee or sublessee must apply for a new permit before any earthwork operations may be conducted upon said premises; and
(b)
Be cause for the Commission to see that the full amount of the financial guaranty has been released to the Town to complete the restoration of the site.
(3)
No such new special use permit shall be issued to a new person, corporation or legal entity unless all conditions stated in these regulations, and in any previous permits, have been met.
J.
Revocation of permit.
(1)
If it appears to the Commission or its authorized agent at any time after the issuance of a special use permit under the provisions of this section and prior to the completion of the work thereunder, that any of the work is not in accordance with these regulations or the terms of the special use permit, the Commission or its authorized agent may serve a notice on the violator stating the nature of the violation and giving not more than 30 days for the violation to be corrected.
(2)
If the violation is not corrected within the time specified in the notice, the Commission or its authorized agent may revoke the permit and take such other action as it or he may reasonably deem necessary to bring the work into compliance with these regulations and the terms of the special use permit, including but not limited to calling the financial guaranty.
§ 214-8.5 Adult-oriented establishments.
A.
Applicability.
All adult-oriented establishments, as that term is defined in Chapter 72 of the Town of Somers Code, as may be amended from time to time, shall be subject to the following regulations.B.
Locational limitations.
(1)
Adult-oriented establishments are permitted only in the Business Zoning District.
(2)
The lot on which such establishment is located shall be at least 1,000 feet, measured along a straight line from property line to property line, from:
(a)
Any lot that is zoned for residential uses.
(b)
Any lot that contains other adult-oriented establishments.
(c)
Any lot containing an existing residential use.
(d)
Any building or premises used for the purpose of a:
[1]
Hotel, motel;
[2]
Public school (or a duly authorized school other than a public school, conducted for the instruction of children under 18 years of age and giving instruction at least 180 days a year);
[3]
Church;
[4]
Charitable institution (whether supported by public or private funds);
[5]
Hospital;
[6]
Convalescent home;
[7]
Cemetery;
[8]
Library;
[9]
Museum;
[10]
Child day-care center;
[11]
Park or recreation facility;
[12]
Public playground;
[13]
Municipal fire or police station; or
[14]
Municipal Town Hall.
C.
Other requirements.
(2)
The following specific criteria shall also apply to any adult-oriented establishment:
(a)
One parking space for every 100 square feet of gross floor area devoted to the adult-oriented establishment shall be provided.
(b)
No exterior sign shall contain any photographic or artistic representation of specified anatomical areas.
(c)
All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent view into the interior of the building from any public right-of-way or adjacent property.
(d)
No adult use shall be established in any building of which any part is used for residential purposes.
(e)
No residential use shall be established in any building of which any part is used as an adult use establishment.
(f)
Illumination.
[1]
Adequate lighting shall be provided on a site to ensure the safe movement of persons and vehicles and for security purposes.
[2]
Stairways, sloping or rising paths and building entrances and exits shall be illuminated.
[3]
All lighting shall be full cut-off or shielded type to prevent direct glare and/or light trespass onto adjoining properties. Floodlighting and spotlight-type fixtures attached to the building are prohibited.
[4]
All nonessential lighting (display, aesthetic, parking and sign lighting) shall be turned off after business hours, leaving only the necessary lighting for site security.
[5]
The use of motion-detection lighting for security is preferred over a constant light source.