14.1 Zoning Enforcement Officer: The Zoning Commission shall appoint a Zoning Enforcement Officer who shall have the responsibility and authority to enforce the provisions of these Regulations. The Commission may appoint deputy enforcement officers to assist and act for him. No ZONING PERMIT, CERTIFICATE OF ZONING COMPLIANCE, [or] other zoning enforcement document shall be issued unless signed or countersigned by the Zoning Enforcement Officer or such deputy zoning enforcement officer.

14.2 Application: APPLICATION for a ZONING PERMIT shall be submitted to the Zoning Enforcement Officer prior to construction, reconstruction, extension, enlargement, moving or structural alteration of any building or other structure and prior to the use or occupancy of any land, building or other structure. The APPLICATION shall be accompanied by fees as specified in Par. 14.8 and, for proposed buildings, structures and improvements having a value of more than $500.00, shall also be accompanied by the following:

14.2.1 Plot Plan: A plot plan in duplicate, drawn to scale, showing all of the following information, both existing and proposed:

a.

The area of the lot, and the dimensions, radii and angles or bearings of all lot lines;

b.

The height, dimension, use, floor area, ground coverage and location of all buildings and other structures;

c.

The location, area and dimension of off-street parking and loading spaces, any barriers required in connection therewith and the means of access to such spaces;

d.

The location of any existing or proposed on-site sewage disposal system and water supply well;

e.

Signs and other facilities and improvements that are subject to the provisions of these Regulations;

f.

In the Flood Plain District, the flood plain boundary and elevation data as specified in Par. 5.2.3;

g.

Provision for soil erosion and sediment control in accordance with the Town of Southbury Soil Erosion and Sediment Control Ordinance unless a separate Soil Erosion and Sediment Control Plan is submitted under Par. 14.2.2; and,

h.

Such additional information as may be necessary to determine compliance with the provisions of these Regulations.

For proposed construction involving only interior alterations, or alterations with no enlargement or extension of the building or structure, the Zoning Enforcement Officer may waive the required submission of a plot plan. The Zoning Enforcement Officer may require the applicant to present a plot plan that is prepared and certified by either a land surveyor or engineer, licensed to practice in the State of Connecticut, if deemed necessary to determine compliance with these Regulations. Plot plans accompanying APPLICATIONS which pertain to a nonconforming building or structure or a nonconforming lot shall be prepared and certified by either a land surveyor or engineer, licensed to practice in the State of Connecticut, unless such requirement is waived by the Zoning Enforcement Officer.

14.2.2 Site Development Plan: For uses permitted in a district subject to securing of a SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN, the following shall be submitted with the Application for a Zoning Permit and may be substituted for the plot plan specified in Par. 14.2.1. if it provides all of the information required for a plot plan:

a.

Statement of Use: A written statement, signed by the applicant, and by the owner if different from the applicant, describing the following in sufficient detail to determine compliance with the provisions of these Regulations, including the use provisions of Section 3, and to establish the plan and site development program basis for review of the SITE DEVELOPMENT PLAN submission; four (4) copies shall be submitted:

i.

A declaration as to the nature and extent of the proposed use or occupancy;

ii.

Provision to be made for the following: water supply, and the annual average daily demand; sewage disposal; solid and liquid waste disposal; drainage; and other utilities;

iii.

The number of persons to be employed at, occupy and/or visit the premises on a daily basis, including the parking and loading requirements for the use;

iv.

An estimate of the type of vehicular traffic and number of vehicle trips to be generated on a daily basis and at peak hour;

v.

The equipment or other methods to be established to comply with the performance standards of Par. 1.4; and

vi.

Disclosure of any toxic or hazardous materials to be used, stored or processed in connection with the proposed use or occupancy as identified in the U.S. Environmental Protection Agency list of priority pollutants, Sec. 3001 of the Resource Conservation and Recovery Act (40 CFR Part 261) or the State of Connecticut Hazardous Waste Regulations with disclosure shall include a description of how such materials are to be managed and a report on the status of permits and approvals required from Federal, State and Town agencies having jurisdiction.

b.

Site Plan: A site plan, drawn to a scale of not less than 50 feet to the inch, showing all of the following information, both existing and proposed, as applicable to the particular APPLICATION, prepared by a professional engineer, architect or landscape architect licensed to practice in the State of Connecticut; four (4) copies shall be submitted:

i.

Property lines of the lot, and any lines delineating a portion of the lot to be used under the APPLICATION;

ii.

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

iii.

Buildings, structures, retaining walls, fences and barriers;

iv.

Signs and outdoor illumination facilities, and the specifications therefor;

v.

The rights-of-way of streets adjoining or serving the lot;

vi.

Street pavement, driveways, curbs and sidewalks, and the specifications therefor, and traffic control devices;

vii.

Off-street parking and loading spaces, and access aisles and turning areas therefor;

viii.

Outside storage areas and provision for solid waste storage and disposal, and the screening therefor;

ix.

All other paved areas, and underground storage facilities;

x.

Water courses, water bodies and inland wetlands, and the boundaries of U.S. Soil Conservation Service soil types;

xi.

Storm drainage, sewage disposal and water supply facilities, and the soil tests locations and results, and the engineering computations therefor;

xii.

Docks and bulkheads;

xiii.

In a Flood Plain District, the flood plain boundary and the base flood and floor elevation data as specified in Par. 5.2.3, based on the datum specified in Par. 14.2.2b(ii) above;

xiv.

Landscaping, including trees, shrubs, lawn, seeding, fences, screening and other landscape features, and the specifications therefor, as well as lines delimiting any natural terrain not to be disturbed;

xv.

A schedule specifying the area of the lot, the amount of floor area, building ground coverage and total coverage by building and paving in square feet and as a percent of the lot, and the basis for computation of required off-street parking and loading spaces; and

xvi.

A location map showing the lot in relation to streets and properties in the neighborhood, as well as the north point, name and seal of the preparer of the plan, date of preparation and all revision dates, including identification of the item revised.

c.

Architectural Plans: Architectural plans of all proposed buildings and structures, and signs and outdoor illumination facilities unless otherwise provided in connection with the site plan, as applicable to the particular APPLICATION, which plans may be preliminary in form but shall include exterior elevation drawings, floor plans and perspective drawings in sufficient detail to indicate the exterior building materials, color, height, bulk, stories, roof line, ornamentation and general character and the interior uses of the floor area, all prepared, except for drawings for signs, by an architect or professional engineer licensed to practice in the State of Connecticut; four (4) copies shall be submitted.

d.

Soil Erosion and Sediment Control Plan: A Soil Erosion and Sediment Control Plan in accordance with the Town of Southbury Soil Erosion and Sediment Control Ordinance; four (4) copies shall be submitted.

e.

Traffic Impact Report: For SITE DEVELOPMENT PLANS involving 50 or more new parking spaces or proposed uses projected to generate either more than 200 vehicles trips per day or more than 100 vehicle trips per day per 1,000 square feet of floor area, a traffic impact report, prepared by a recognized traffic engineer, indicating the expected average daily vehicular trips and peak hour volumes to be generated by all of the uses on the lot and the access conditions at the lot, distribution of such traffic to be generated, types of vehicles expected, effect upon the Level of Service on the street giving access to the lot and at nearby intersections and recommended access and street improvements to avoid congestion and provide safe and convenient access, taking into account the site generated trips and the traffic on the street and at nearby intersections projected to the date of occupancy of the site.

f.

Historic and Archeological Site Submission: When applicable, the historic and archeological site submission specified in Par. 7.2.18, which submission may be combined with other elements of the Site Development Plan; four (4) copies shall be submitted.

14.2.3 Other Applications: For uses permitted in a district, subject to the securing of a SPECIAL EXCEPTION under these Regulations, the APPLICATION shall be accompanied by an application for such SPECIAL EXCEPTION and the related maps, plans and documents required therefor by these Regulations.

14.2.4 Additional Information: When requested by the Zoning Enforcement Officer, the APPLICATION shall also be accompanied by other plans, drawings, data and documents necessary for him to determine compliance with the provisions of these Regulations.

14.3 Referral: When an APPLICATION for a ZONING PERMIT may be approved only after approval of a SPECIAL EXCEPTION, SITE DEVELOPMENT PLAN or other action by the Board of Appeals or the Planning Commission, the APPLICATION and accompanying maps, plans and documents shall be referred by the Zoning Enforcement Officer to such Board or Commission and to the Zoning Commission upon receipt.

14.4 Approval of Site Development Plans: The following procedures, standards and conditions shall be applicable to the approval of SITE DEVELOPMENT PLANS by the Planning Commission:

14.4.1 Additional Information: The Commission may request the applicant to submit such additional information that it deems necessary in order to decide on the SITE DEVELOPMENT PLAN, including but not limited to a) detailed plans for storm drainage, sewage disposal and water supply facilities, b) storm drainage computations and c) the results of seepage tests, borings and other soils tests and d) details and specifications for elements of the PLAN. The Commission, upon written request by the applicant, may by resolution a) determine that the required submission of all or part of the information specified in Par. 14.2.2(b) and 14.2.2(c) is not necessary in order to decide on the PLAN and need not be submitted or b) determine that such information is deferred for submission and decision at a later date.

14.4.2 Action: Within 65 days after receipt of a complete SITE DEVELOPMENT PLAN and APPLICATION by the Commission, it shall either approve, approve subject to modifications or disapprove the PLAN. The applicant may consent in writing to one extension of such period, provided the total period of any such extension shall not exceed one (1) 65 day period, or the applicant may withdraw the PLAN and APPLICATION. A SITE DEVELOPMENT PLAN may be approved subject to modifications or disapproved only if it fails to conform to the requirements set forth in these Regulations. A decision to disapprove or modify a PLAN shall set forth the reasons for such disapproval or modification. The Commission shall transmit a copy of its action to the Zoning Enforcement Officer. Within 15 days after such action, the Commission shall also send a copy thereof to the applicant by certified mail. In the event of failure of the Commission to act within the 65 day period, or as such period may be extended, the Zoning Enforcement Officer shall enforce the provisions of these Regulations.

14.4.3 Standards: The SITE DEVELOPMENT PLAN shall be approved by the Commission when the Commission determines that the PLAN conforms to all of the requirements of these Regulations and to the standards for SITE DEVELOPMENT PLANS specified in Section 7.

14.4.4 Expiration: The action of the Commission approving a SITE DEVELOPMENT PLAN, or approving it subject to modifications, shall automatically expire 12 months from the date of such action unless a ZONING PERMIT authorizing the PLAN has been issued by the Zoning Enforcement Officer.

14.5 Approval and Issuance: The Zoning Enforcement Officer shall issue a ZONING PERMIT to authorize the construction, reconstruction, extension, enlargement, moving or structural alteration of a building or other structure and shall issue a CERTIFICATE OF ZONING COMPLIANCE for the use or occupancy of any land, building or other structure when he determines that all of the requirements of these Regulations have been met. No ZONING PERMIT and no CERTIFICATE shall be considered issued unless signed by the Zoning Enforcement Officer or his Deputy. Within 10 days after notification by the applicant that the premises are ready for occupancy, the Zoning Enforcement Officer shall issue or deny a CERTIFICATE. One (1) copy of the plot plan shall be returned by the Zoning Enforcement Officer to the applicant. The following additional requirements shall apply to the issuance of ZONING PERMITS and CERTIFICATES:

14.5.1 Staking: No ZONING PERMIT shall be issued by the Zoning Enforcement Officer for any new construction until the applicant has accurately placed stakes or markers on the lot indicating the location of proposed construction. The Zoning Enforcement Officer may require the applicant to place stakes or markers on the lot indicating the location of lot lines. The Zoning Enforcement Officer may require the placement of stakes or markers to be made and certified by either a land surveyor or engineer, licensed to practice in the State of Connecticut.

14.5.2 Measurements and Certifications: If deemed necessary to determine compliance with these Regulations and before issuance of a CERTIFICATE OF ZONING COMPLIANCE, the Zoning Enforcement Officer shall require the applicant to furnish measurements of any construction features subject to the requirements of these Regulations, including setback distances, which measurements shall be prepared and certified by a land surveyor licensed to practice in the State of Connecticut. The Zoning Enforcement Officer may require the applicant to present a lot plan, or a SITE DEVELOPMENT PLAN if applicable, certified by a land surveyor or engineer licensed to practice in the State of Connecticut, showing the construction as built.

14.5.3 On-Site Water Supply and Sewage Disposal: Where a proposed use or a proposed building or other structure involves the installation, extension, relocation or reconstruction of an on-site sewage disposal or water supply system, no ZONING PERMIT shall be issued until plans for such system have been approved by the Director of Health or his authorized agent; no CERTIFICATE OF ZONING COMPLIANCE shall be issued until such system has been completed and approved by the Director of Health or his authorized agent or until the use or building or structure has been provided with connections to a public sanitary sewer and/or public water supply system.

14.5.4 Adequacy of Public Water Supply: Where a proposed use, building or other structure involves the installation, construction, expansion or extension of a public water supply system, including connection to such system, and the projected annual average daily usage demand for water for the use is 10,000 gallons per day or more or the use consists of 35 or more dwelling units or buildings and structures having 50,000 square feet or more of floor area, no ZONING PERMIT shall be issued until the Zoning Enforcement Officer is in receipt of a) documentation establishing that the Connecticut Department of Health Services, where required by the Connecticut General Statutes and/or Regulations of Connecticut State Agencies, has approved such installation, construction, expansion or extension, or connection, and b) documentation establishing that such public water supply system will have an adequate supply for its present users, the proposed use, building or structure and all future users for whom water from the system has been committed. Adequacy of the public water supply and documentation therefore shall consist of the following:

a.

The public water supply system is deemed to have an adequate supply if, within State permits to divert ground or surface water for the system, the system can produce a safe daily yield that exceeds the annual average daily demand of its existing and prospective customers for whom water from the system has been committed, including the proposed use, building or structure, by at least 15%.

b.

Such documentation shall include a report stating the annual average daily demand of the proposed use, building or structure as well as the following information pertaining to the public water supply system for the calendar year preceding the date of request for ZONING PERMIT or, if more recent information has been provided to any agency of the State of Connecticut or is otherwise publicly available, then such information; maximum daily water diversion authorized by applicable permits issued by the Connecticut Department of Environmental Protection; safe daily yield, total annual average daily demand for existing customers connected to the system and, total estimated annual average daily demand for prospective customers for whom water from the system has been committed as of the date of the request for Zoning Permit.

c.

For purposes of this Par. 14.5.4, safe daily yield shall mean the least of the system's safe daily yield based on an 18-hour pumping day, safe daily yield based on a 24- hour pumping day with the largest well out of service or safe daily yield as defined by the Regulations of Connecticut State Agencies.

The aforesaid documentation may be provided to the Zoning Enforcement Officer by the applicant, the owner of the public water supply system, an agency of the Town or the Pomperaug District Department of Health, and shall include those portions of the most recent reports submitted by the public water supply system to any agency of the State of Connecticut which contain any of the information required by this Par. 14.5.4. The provisions of this Par. 14.5.4 are applicable to approval of ZONING PERMITS after the effective date of this Paragraph.

14.5.5 Soil Erosion and Sediment Control: When a Soil Erosion and Sediment Control Plan is required by these Regulations, or by the Town of Southbury Soil Erosion and Sediment Control Ordinance, in connection with a proposed use, building or other structure or site development, no ZONING PERMIT therefor shall be issued until the Control Plan has been certified in accordance with such Ordinance and no CERTIFICATE OF ZONING COMPLIANCE therefor shall be issued until the soil erosion and sediment control measures have been completed in accordance with the certified Control Plan.

14.5.6 Conditions: Any maps, plans, documents, statements and stipulations submitted to and approved by the Board of Appeals or Planning Commission in con- nection with any action of such Board or Commission under these Regulations, and any conditions of approval attached by the Board or Commission, shall be conditions for issuance of a ZONING PERMIT and a CERTIFICATE OF ZONING COMPLIANCE by the Zoning Enforcement Officer.

14.5.7 Temporary Certificate: Upon certification by the applicant that the public health and safety will not be impaired and that there will be compliance with all other laws pertaining to health and safety, the Zoning Enforcement Officer may issue a TEMPORARY CERTIFICATE OF ZONING COMPLIANCE having a duration of not more than six (6) months and renewable only for one additional six (6) month period, for the temporary use of land, buildings and other structures in the process of improvement and completion in accordance with an approved ZONING PERMIT. If any off-street parking and loading, driveways, drainage, sewage disposal, sidewalks, landscaping or similar site improvements, in connection with a use for which a SITE DEVELOPMENT PLAN has been approved or SPECIAL EXCEPTION granted, are incomplete, the Zoning Enforcement Officer may issue such TEMPORARY CERTIFICATE OF ZONING COMPLIANCE only after the applicant has filed with him a cash or savings account bond, in such amount as he deems sufficient to insure the faithful completion of such site improvements and in form acceptable to the Town Counsel.

14.5.8 Other Permits: Issuance of a ZONING PERMIT or issuance of a CERTIFICATE shall not be construed to constitute compliance with any other regulation, ordinance or law nor to relieve the applicant from responsibility to obtain any permit thereunder. The Zoning Enforcement Officer may at his discretion withhold issuance of a ZONING PERMIT or CERTIFICATE until any such permit has been approved and obtained by the applicant.

14.5.9 Time Limits: Any ZONING PERMIT issued under these Regulations shall expire 12 months from the date of issuance a) unless a valid Building permit for the use, construction and site development authorized by the ZONING PERMIT is in effect or otherwise b) the Zoning Enforcement Officer renews the ZONING PERMIT, for periods not to exceed 12 months, when he determines that the use, building and/or site development authorized by the ZONING PERMIT is in conformity with these Regulations and any amendments thereof made subsequent to the date of original issuance of the ZONING PERMIT.

14.6 Inspections: The Zoning Enforcement Officer is authorized to inspect or cause to be inspected any building, structure or premises to determine compliance with these Regulations. No ZONING PERMIT and no CERTIFICATE OF ZONING COMPLIANCE, shall be issued until the Zoning Enforcement Officer has inspected the building, structure or premises involved to determine that the use and/or the building or other structure conform to these Regulations.

14.7 Orders: The Zoning Enforcement Officer is authorized to issue a STOP WORK ORDER if the use of land, buildings and other structures or the construction, reconstruction, extension, enlargement, moving or structural alteration of a building or other structure are not being carried out in compliance with these Regulations; he shall with draw such ORDER when there is compliance with these Regulations. The Zoning Enforcement Officer is authorized to order in writing the remedying of any condition found to be in violation of these Regulations.

14.8 Fees. Fees for applications, certificates, inspections, requests and petitions under the Regulations shall be paid to the Town of Southbury in accordance with a certain ordinance entitled "Fee Schedule Ordinance" adopted by the Town of Southbury and as the same may be amended from time to time.

14.9 Records: The Zoning Enforcement Officer shall keep records of all fees, all APPLICATIONS, ZONING PERMITS and CERTIFICATES, all identifiable complaints of any violation of these Regulations, all inspections made under these Regulations and all notices of violation served by him and the action taken thereon.

14.10 Rules, Policy and Procedure: The Zoning Commission may from time to time by resolution adopt administrative rules, policies and procedures for the enforcement of these Regulations.

14.11 Board of Appeals (General): The Board of Appeals shall have all of the powers and duties prescribed by these Regulations and by the General Statutes of the State of Connecticut. In exercising its authority, the Board of Appeals may adopt necessary rules and procedures and shall adhere to the following:

14.11.1 Where a use of land, buildings or other structures is prohibited in a district but is permitted in another district subject to administrative approval of a SITE DEVELOPMENT PLAN by the Planning Commission under these Regulations, a variance to permit such use may be granted only subject to submission and approval of a SITE DEVELOPMENT PLAN by the Planning Commission.

14.11.2 Where a use of land, buildings or other structures is permitted in a district subject to administrative approval of a SITE DEVELOPMENT PLAN by the Planning Commission, a variance in connection with such use may be granted only subject to submission and approval of a SITE DEVELOPMENT PLAN by the Planning Commission.

14.11.3 No variance shall be granted which would permit a use of land, buildings or other structures prohibited in all districts in the Town.

14.12 Board of Appeals (Flood Plain District): These Regulations impose special requirements applicable in the Flood Plain District and, under Section 5, incorporate requirements of the "Flood Damage Prevention and Control Ordinance of the Town of Southbury, Connecticut." The Board of Appeals shall hear and decide appeals and requests for variances from the Flood Plain District requirements and such Ordinance. Such Board shall have the following duties:

14.12.1 To hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Official in the enforcement and administration of such Ordinance;

14.12.2 To issue variances from the standards of Section 5 and such Ordinance, under the general considerations set forth and the conditions for variance specified in Sec. 6-15 of such Ordinance;

14.12.3 To issue variances for the repair or rehabilitation of historic structures upon a determination that i) the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure, and ii) the variance is the minimum necessary to preserve the historic character and design of the structure.

Any person or persons severally or jointly aggrieved by any decision of the Board of Appeals acting under this Paragraph 14.12, or any person owning land which abuts or is within a radius of 100 feet of any portion of the land involved in any decision of said Board, or any officer, board or commission of the Town of Southbury, having jurisdiction or responsibility over flood hazards in the Town, may take an appeal to the Superior Court of the county or judicial district in which such municipality is located in the same manner as provided under the provisions of Section 8-8 of the General Statutes of the State of Connecticut.

(Ord. of 6-13-90)