Southbury City Zoning Code

SECTION 18

- Industrial IND Zone.

18.1 Purpose and Intent: The establishment of the Industrial (IND) Zone aims to support high-quality economic development that will strengthen the town's long-term economic base, offer attractive locations for a wide range of growing and emerging industries, and serve as an economic, aesthetic, and environmental asset to the community. The IND Zone is established to accommodate manufacturing, warehousing, research and development, and other industrial activities that contribute to Southbury's economic development. This district also supports the development of coordinated industrial campuses or parks comprising of multiple users on a single large site or contiguous parcels, designed with shared access, infrastructure, and design cohesion intended to prioritize industrial symbiosis. This type of development would provide for the maximum economic benefit to the town while allowing companies to share resources and waste streams in order to reduce the overall environmental impact of the site. These regulations aim to ensure that such uses are compatible with surrounding areas and do not adversely affect public health, safety, or welfare.

18.2 Permitted Uses: The following special exception uses are permitted in the Industrial (IND) Zone subject to demonstrating compliance with section 4, section 5, section 5a, section 7, section 8, section 10, section 11 and section 14 of the zoning regulations. Approvals shall be dependent on adherence with the conditions provided herein and subject to obtaining site development plan approval from the Planning Commission. All special exception use applications within the IND Zone shall require a traffic impact analysis as well as an environmental impact analysis at the applicant's expense.

18.2.1 Manufacturing and Production Facilities: Light to medium industrial use operations including manufacturing, fabricating, processing, converting, altering, packaging, bottling or assembling of products, the operations of which are conducted solely within an enclosed building or group of buildings. Manufacturing and production facilities shall not produce excessive noise, vibration, smoke, dust, or other pollutants.

18.2.2 Warehousing and Distribution Centers: Facilities that support regional logistics, storage, and supply chain operations critical to modern commerce. Such facilities may involve the storage, sorting, packaging, and shipment of goods, with varying degrees of automation and truck activity. No such facility shall be permitted to store or distribute hazardous materials.

18.2.3 Research and Development Laboratories: Research and Development (R&D) Laboratories are those establishments who promote innovation, technological advancement, and high-value employment opportunities. Such facilities are primarily engaged in scientific, engineering, or project development activities, which may include laboratories, prototype testing, and small-scale manufacturing. R&D uses are typically low-impact and operate indoors, but may require specialized infrastructure, such as clean rooms, controlled environments, or secure data handling systems. All operations shall comply with applicable state and federal regulations, particularly those related to chemical storage, biosafety, and emissions. Any hazardous materials used or stored on-site must be managed in accordance with all applicable local. State, and federal regulations, including proper containment, labeling, storage protocols, and emergency response planning.

18.2.4 Data Centers: Facilities engaged in the storage, processing, management, and dissemination of digital data and information. This includes equipment such as servers, networking hardware, storage devices, uninterruptible power supplies (UPS), cooling systems, and related infrastructure. Data center uses shall be required to demonstrate adequate access to high-capacity electric service and fiber-optic telecommunications. Backup power systems such as generators and batteries must be located in accordance with fire code and shall be fully screened.

18.2.5 Professional and Administrative Offices: Offices facilitating the service of corporate headquarters, back-end office operations, legal and financial services, design and engineering firms, and other office-based professional services, provided such offices are accessory to a primary anchor tenant for the property.

18.2.6 Accessory Uses: Uses incidental to the principal industrial use, including but not limited to employee cafeterias, day cares or parking facilities. Such uses must remain clearly accessory and incidental to the principal use on the lot and shall not exceed five (5) percent of the total building area occupied by the principal use on the lot. Such uses shall be designed for the accommodation of business and site occupants and shall not be open to the general public.

Note: More than one (1) principal use may be permitted within the same structure or building.

18.2.7 Industrial Park: Multiple industrial or commercial buildings on a single parcel or contiguous parcels may be authorized, provided they are part of an integrated industrial park development and adhere to the following requirements:

Primary buildings servicing each individual use within the industrial park are required to be a minimum of eighty thousand (80,000) square feet. Accessory structures clearly subordinate to an approved primary use are permitted to be less than the required minimum size provided the primary structure meets the minimum square footage requirement.

Entry and exit ways providing access to the site shall be located entirely within the Industrial (IND) Zone. All ingress and egress shall be accessed from state roads or highways and at no point will utilize town owned roadways.

The applicant will be required to accommodate future access to properties not having the required frontage in a manner that is satisfactory to the commission and satisfies this requirement.

Adequate provision is made for access by emergency vehicles to all properties.

An agreement shall be filed on the land records where each property grants each other property the rights of access, egress, passage, as well as the coordinated use of on-site infrastructure and utilities.

18.3 Prohibited Uses: Any use not specified above as permitted shall be considered prohibited. To assist in the interpretation of permitted uses within this zone, the following uses are expressly prohibited. This list is illustrative and not intended to be exhaustive:

18.3.1 Heavy Manufacturing: NOT PERMITTED

18.3.2 Recycling and Waste Management Facilities: NOT PERMITTED

18.3.3 Transportation Terminals: NOT PERMITTED

18.3.4 Energy Generation Facilities: NOT PERMITTED

18.3.5 Education Facilities: NOT PERMITTED

18.3.6 Multi-Family Development: NOT PERMITTED

18.3.7 The use of polychlorinated biphenyls or hydrocarbon mixtures containing polychlorinated biphenyls in concentrations greater than two (2) parts per million, including the storage thereof.

18.4 Lot and Bulk Requirements:

• Minimum Lot Area: Ten (10) acres

• Minimum Dimension of Square on Lot: Two hundred (200) feet

• Minimum Frontage: Two hundred (200) feet

• Maximum Number of Stories: Three (3)

• Number of stories may exceed the maximum allowed provided that the applicant can demonstrate that the view of the building(s) from any street or highway does not exceed what is currently visible by the IBM building and/or will remain not highly visible, obvious, or obtrusive. This requirement shall be interpreted to mean that the visual impact of the current IBM facility is to be maintained and any expansion of the visual impact of the IBM facility currently experienced at any roadway or highway in Southbury shall require presentation to the Planning Commission. The Planning Commission shall have the ultimate authority in determining whether the visual impact constitutes as highly visible, obvious, or obtrusive.

• Minimum Street Line Setback: Two hundred (200) feet

• Minimum Property Line Setback: One hundred fifty (150) feet

• Maximum Building Height: Forty (40) feet

• Building height exceeding the maximum allowed by this section may be proposed, subject to presentation of a series of perspective views that demonstrate that the building(s) will not be highly visible from all locations along Main Street South and North, Route 172 (South Britain Road), Route 67 (Southford Road), Kettletown Road, and I-84. Balloon visibility or similar test shall be conducted in order to demonstrate that the building(s) visibility is not obvious or obtrusive. If the increase to the maximum building height, as determined by the Southbury Fire Marshal, is found to pose operational challenges or safety concerns to emergency services and equipment. It shall be the responsibility of the applicant to provide, at their own expense, the necessary equipment to facilitate adequate servicing of the parcel and all associated buildings.

• Maximum Lot Coverage by Buildings and Structures: Ten (10) percent

• Maximum Floor Area as a Percent of Lot Area: Twenty (20) percent

• Maximum Ground Coverage as a Percent of Lot Area: Thirty (30) percent

18.5 Design and Performance Standards:

18.5.1 Environmental Protection: All uses and development within the IND Zone shall be conducted in a manner that minimizes adverse impacts on the natural environment. No activity shall result in contamination of surface or groundwater resources, and any hazardous materials must be stored, handled, and disposed of in accordance with state and federal law. Developers are encouraged to incorporate low-impact development (LID) techniques, green infrastructure, and energy-efficient design standards to reduce environmental footprint and support long-term sustainability. All developments located within the IND Zone shall be required to submit an environmental impact statement identifying:

Potential effects on wetlands, watercourses, aquifers, and storm water quality.

Compliance with CT DEEP regulations and best management practices.

Proposed mitigation measures outlining each of the proposed environmental impacts and how they will be addressed by the development.

18.5.2 Buffering and Screening: Development shall provide adequate buffering and screening to protect adjacent properties, particularly those in residential zones, from visual, noise, light, and other potential impacts. Unless otherwise already provided by the natural environment, a landscaped buffer strip of no less than twenty (20) feet in width shall be maintained along all property lines abutting non-industrial zones. Buffering and screening shall incorporate a combination of evergreen and deciduous plantings, berms, fencing, or walls sufficient to achieve year-round visual screening.

Landscaping installed for the purpose of buffering shall be of an adequate height upon installation to adequately screen the property and/or mechanicals. The Planning Commission may require enhanced buffering where topography, building height, or use intensity warrants additional mitigation. Approved landscaping buffers shall be required to be inspected yearly by a licensed arborist in order to determine the health of the existing vegetation. Such inspections shall be performed in order to determine if action by the property owner is necessary to ensure the long-term functionality and health of the landscaping buffer.

Reports shall be submitted to the Planning Commission for review and approval and shall be required to be submitted for a period of five (5) years following the completion of the site development and the issuance of a Certificate of Zoning Compliance.

18.5.3 Traffic and Access: Development must be designed to ensure safe and efficient access to and from the site and in a manner that does not adversely affect local traffic or roadways.

Vehicular access into and out of the site shall utilize state roadway systems and avoid traveling through or on residential town roads. Southbury's default standard Level of Service (LOS) shall continue to be maintained for all hours of operations on the interfacing public road system. A traffic impact analysis, prepared by a licensed traffic engineer, shall be required for developments located within the IND Zone. Such analysis shall evaluate impacts to nearby intersections and roadways and recommend mitigation measures, including but not limited to turning lanes, signalization, or roadway improvements. Internal circulation shall provide unobstructed access for emergency vehicles and accommodate the turning radii of service vehicles. If determined necessary, the Town of Southbury may contract an independent traffic engineer to conduct an additional traffic analysis. Such analysis shall be paid for at the applicant's expense.

18.5.4 Parking and Loading: Off-street parking and loading spaces shall be provided in accordance with section 9 of these regulations.

No off-street parking shall be permitted within one hundred fifty (150) feet of any street and shall be a minimum of three hundred (300) feet from any residential property boundary.

Loading areas shall be located at the rear or side of all buildings or structures and shall be enclosed—except for necessary access—by buildings, walls, landscaped embankments, or evergreen shrubs or trees, in order to screen them from view from any street, highway, or adjoining properties.

All off-street parking areas shall be properly graded, stabilized and paved with bituminous concrete or armor coat, and shall be maintained so as to cause no nuisance or danger.

All commercial vehicles shall be kept within designated storage or parking areas, except for brief periods necessary for loading or unloading.

18.5.5 Lighting: Lighting shall be carefully controlled and shielded such that the illumination source of light poles or fixtures is not visible from Main Street North, Main Street South, Route 172 (South Britain Road), Route 67 (Southford Road), and Kettletown Road. All lighting must meet dark sky lighting requirements.

18.5.6 Signage: Signage to conform to section 10 of the zoning regulations for commercial signage. Freestanding signs are to be limited to thirty-six (36) square feet and be no larger than six (6) feet in any dimension. Freestanding signs are not permitted to be internally illuminated. Any lighting for signage will be required to adhere to section 11 of the zoning regulations.

18.5.7 Energy Use: Along with other standard forms of energy production provided to the site, renewable energy shall be utilized wherever possible. In applications involving data centers, renewable energy measures shall be required as well as the incorporation of waste heat reuse, and energy efficient cooling technologies.

18.5.8 Architecture: Building faade materials, including those visible from any street or highway, shall be composed of permanent, durable materials such as natural brick, quarry tile, poured-in-place or precast concrete, stone, architectural metal panels, or similar architectural material.

All mechanical equipment, including air conditioning units, ventilation systems, water storage tanks, duct work, or similar mechanical component shall be screened from view from any street or abutting property line. Such equipment shall also be screened so that it is not visible from any location within the property boundaries accessible to the public or site occupants.

18.5.9 Outside Storage: All outside storage areas, including sanitary containers and dumpsters, shall be fully enclosed, except for necessary access, by buildings, solid walls, landscaped berms, or dense evergreen plantings, in order to effectively screen them from view.

All outside storage areas are required to be approved as part of the Site Plan approval.

Outside storage areas shall NOT be placed within three hundred (300) feet of an adjoining residential property boundary and shall not extend within fifty (50) feet of any wetland, watercourse, or other environmentally sensitive areas.

8.5.10 Noise: Noise emanating from the site shall not exceed the following limits at any residential property line:

Day Time Operations: Seventy-five (75) dB

Nighttime Operations: Fifty-five (55) dB

All backup generators must include sound-attenuating enclosures and operate only during testing or as a result of an electrical power outage, provided the use of such backup power generation is ceased when standard electrical power service is re-established to the site.

The following activities are exempted from the noise limitation:

Noise created as a result of or relating to an emergency, including but not limited to sirens, alarms, etc.;

Construction or demolition activity during daytime hours as defined herein;

Noise created by blasting, provided that such blasting has received appropriate permits and is conducted between 8:00 a.m. and 5:00 p.m.; and/or

Noise generated by maintenance equipment for landscaping and snow removal, i.e., plows, mowers, etc.

18.5.11 Vibration: No vibration shall be transmitted outside the property where it originates. Vibration associated with activities outlined in section 18.5.10 (a through d) are exempt from this provision.

18.5.12 Maintenance: All exterior surfaces of buildings and structures requiring periodic maintenance shall be regularly and thoroughly painted, cleaned, repaired, or restored as needed to maintain a consistently neat and well-kept appearance. Any proposed changes in exterior color shall be subject to approval by the commission.

Snow removal, as will be required from time to time, will be the responsibility of the owner or occupant to coordinate the prompt and orderly removal of snow and ice from walkways, driveways, parking areas, drainage structures, loading docks, and similar areas. Snow removal shall be conducted in a manner that does not obstruct public traffic or hinder private access for employees. It will be the responsibility of the owner or occupant to manage all snow removal within the boundaries of the property.

All buildings and associated site features shall be properly maintained at all times. This included, but is not limited to, timely repair and upkeep of paved surfaces, soil erosion controls, curbs, gutters, downspouts, windows, awnings, signage, walls, terraces, fountains, sculptures, benches, and lighting fixtures.

18.5.13 Drainage: All private storm drains, culverts, catch basins, gutters, detention systems, and/or retention systems shall be maintained in a clean and unobstructed condition at all times, free of debris, snow, or any other material that may impede proper drainage. Any drainage not properly maintained and being found to have adversely affected an adjoining or down gradient property owner shall be the responsibility of the property owner to remediate and bring back to preexisting condition at their own expense.

18.5.14 Sewage: The disposal of sanitary wastes shall comply with standards and regulations established by the most recent edition of the Public Health Code of the State of Connecticut. The discharge of substances into rivers and streams shall be subject to regulations of the Connecticut Department of Energy and Environmental Protection and to any other applicable regulation. There shall be no discharge of industrial waste onto or into the ground or surface waters. No expansions of offsite sewage systems shall be allowed to accommodate this site or any building contained within at any time.

18.5.15 Off-Site Improvements: It shall be up to the commission's discretion whether to require off-site improvements as part of a special exception application. Such improvements shall include but are not limited to roadway improvements, traffic signal and signage changes, construction of sidewalks and/or multi-use trails, installation of fire hydrants and emergency access roads, landscaping, infrastructure, etc.

18.5.16 Demonstration of Potential Future Use of Site: The commission recognizes that businesses may not operate indefinitely, and that the departure of a major tenant from a development can adversely impact the town's economic stability and tax base. Therefore, applicants shall be required to demonstrate to the commission that the property or building can be repurposed or redeveloped in a manner that will continue to benefit to the town for years to come.

18.5.17 Commission Authority: The Planning Commission may require modifications to any of the above standards where necessary in order to improve compatibility, minimize negative visual impact, and/or better integrate with the surrounding development.

18.6 Lot and Bulk Requirements—Industrial Park:

• Minimum Lot Area: Fifteen (15) acres

• Minimum Dimension of Square on Lot: Four hundred (400) feet

• Minimum Frontage: Two hundred (200) feet (except for interior lots)

• Maximum Number of Stories: Three (3)

• Minimum Street Line Setback: Fifty (50) feet

• Minimum Property Line Setback: Fifty (50) feet

• Note: Setbacks from adjoining residential properties shall be increased to one hundred fifty (150) feet.

• Maximum Building Height: Forty (40) feet

• Building height exceeding the maximum allowed by this section may be proposed, subject to presentation of a series of perspective views that demonstrate that the building(s) will not be highly visible from all locations along Main Street South and North, Route 172 (South Britain Road), Route 67 (Southford Road), Kettletown Road, and 1-84. Balloon visibility or similar test shall be conducted in order to demonstrate that the building(s) visibility is not obvious or obtrusive. If the increase to the maximum building height, as determined by the Southbury Fire Marshal, is found to pose operational challenges or safety concerns to emergency services and equipment. It shall be the responsibility of the applicant to provide, at their own expense, the necessary equipment to facilitate adequate servicing of the parcel and all associated buildings.

• Maximum Lot Coverage by Buildings and Structures: Fifteen (15) percent

• Maximum Floor Area as a Percent of Lot Area: Thirty (30) percent

• Maximum Ground Coverage as a Percent of Lot Area: Forty (40) percent

18.7 Design and Performance Standards—Industrial Park: Industrial parks or multi-building industrial campuses developed under this section shall meet the following standards in addition to the standards outlined in section 18.5:

18.7.1 Unified Site Plan: A single coordinated site plan showing internal circulation, access, shared infrastructure, storm water management, and landscaping shall be submitted. Unified site design shall ensure efficient and sustainable development while ensuring such shared use does not negatively affect function, safety, or aesthetics. New commercial/industrial developments may look to establish a presence in the (IND) zone following the construction of a different commercial/industrial building. Such new commercial/industrial developments shall be required submit plans describing how the proposed new site will be designed in a manner that accommodates the new development while still utilizing the shared site features and infrastructure of the overall site as described herein.

18.7.2 Access and Circulation: All driveways serving industrial park developments shall be designed to accommodate the turning radius of heavy trucks, fire apparatus, and service vehicles, as defined by the American Association of State Highway and Transportation Officials (AASHTO) standards. The number of access points shall be minimized and designed to prevent traffic conflicts between the multiple uses. Two (2) points of ingress and egress are encouraged so long as no traffic is directed to or across town owned roads. Internal roadways shall be designed to promote efficient circulation and ensure connectivity between parcels within the industrial park. Clearly designated truck routes shall be provided within the development, with signage and pavement markings to direct deliveries and minimize conflicts with passenger vehicles. Safe pedestrian walkways or sidewalks shall be provided from parking areas to building entrances and shall adhere to the Americans with Disabilities Act (ADA) Accessibility Guidelines. All developments access and circulation plans shall comply with the requirements of the Southbury Fire Marshal. Gated or restricted access points must allow for 24-hour emergency entry via lock boxes or similar means approved by the Southbury Fire Marshal.

18.7.3 Shared Facilities: Shared facilities including but not limited to parking, loading docks, infrastructure and utilities, solid waste and recycling facilities, stormwater management systems, as well as common areas and amenities shall be provided in order to minimize land disturbance and promote efficiency. All proposed shared facilities must be accompanied by a binding agreement between property owners or tenants. Agreements between tenants and property occupants shall address access rights and usage responsibilities, long-term maintenance and repair obligations, cost-sharing mechanisms, and enforcement provisions in the event of non-compliance. These agreements shall be subject to review and approval, at the applicant's expense, by the Planning Commission and Town Counsel. All agreements must be filed on the Southbury Land Records in the office of the Town Clerk prior to the issuance of a zoning permit.

18.7.4 Architectural Design: All buildings shall be designed with compatible architectural features, materials, and color palettes to reinforce the visual harmony of the development and support long-term reuse potential. Structures located at key intersections within the park shall receive additional architectural treatment to serve as visual anchors.

18.7.5 Commission Authority: The Planning Commission may require modifications to any of the above standards where necessary in order to improve compatibility, minimize negative visual impact, and/or better integrate with the surrounding development.

(Ord. of 6-11-25(1))

ADMINISTRATIVE POLICY #1 accompanying the Zoning Regulations of the Town of Southbury, Connecticut.

CERTIFICATION OF MAPS AND PLANS; FILE COPIES

A. General: As specified in the Zoning Regulations, certain plot plans, site plans and architectural plans are required to be prepared and/or certified by a land surveyor, professional engineer, architect or landscape architect licensed to practice in the State of Connecticut, and copies of plans are required to be submitted. It is the purpose of this Administrative Policy #1 to assure uniformity in certifications and to obtain copies of maps and plans in a form that will be a permanent record for zoning administration.

B. Accuracy of Survey: Plot plans, other plans and land surveys identified in Par. 8.9.3, 14.2.1, 14.2.2b, 14.5.1 and 14.5.2 shall be prepared with an accuracy meeting or exceeding standards for a "Class A-2" type of survey specified in the "Code of Recommended Practice for Standards of Accuracy of Surveys and Maps", approved by the State Board of Registration for Professional Engineers and Land Surveyors.

C. Seals: Any plot plan, site plan or architectural plan, required under the Zoning Regulations to be submitted to the Town and to be prepared by a land surveyor, engineer, architect and/or landscape architect, shall bear the Connecticut seal of the preparer, certifying the accuracy of survey or identifying responsibility for plans, as applicable, in accordance with law.

D. Copies for File: Applicants for a Zoning Permit or Certificate of Zoning Compliance and petitioners requesting amendment of the Zoning Map shall make timely presentation of a copy of maps and plans, printed on good quality polyester film .003 thick or better, as follows:

D-1. Of the site plan required under Par. 14.2.2b, when approved by the Southbury Planning Commission under Par. 14.4.2 or the Zoning Board of Appeals under Par. 6.4, and showing modifications specified by such Commission or Board to be made;

D-2. Of the site plan when required to be certified under Par. 14.5.2, showing the site development as built;

D-3. Of the General Plans, required under Par. 12.3.4, that are part of a Planned Development District adopted by the Zoning Commission, on sheets 36" × 24", 24" × 18" or 18" × 12" for filing with the Town Clerk;

D-4. Of the site plan portion of Detailed Plans approved by the Zoning Commission under Par. 12.5.2, and showing all modifications specified by the Zoning Commission to be made.

Adopted by the Southbury Zoning Commission on January 14, 1987 under the provisions of Par. 14.10 Rules, Policy and Procedure of the Zoning Regulations.

ADMINISTRATIVE POLICY #2 accompanying the Zoning Regulations of the Town of Southbury, Connecticut.

PLAN OF DEVELOPMENT

A. General: Provisions of the Zoning Regulations refer to a "plan of development" and "Comprehensive Plan of Development", or supplement or amendment thereto, adopted by the Southbury Planning Commission under the provisions of Chapter 126 of the Connecticut General Statutes. Reference to such plan is made as a guide for administration of the Zoning Regulations, particularly with regard to site development plan standards under Section 7 and the consideration of planned development under Section 12. It is the purpose of this Administrative Policy #2 to affirm the plan documents intended to be used as such a guide.

B. Documents: The "plan of development" documents, adopted by the Southbury Planning Commission after notice and public hearing, are identified as follows and are on file in the Office of the Southbury Town Clerk:

B-1. "Southbury 2012 Plan of Conservation and Development" adopted effective December 31, 2012, and which contains guides, inter alia, for the location, character and extent of land use, for circulation, for Level of Service for traffic and for centers and historic sites as well as criteria for cluster residences and multi-family dwelling groups.

Editor's note— As a part of Supp. No. 28, at the direction of the town, B-1. was amended to read as set out herein.

B-2. "Comprehensive Plan of Development for the Town of Southbury, Connecticut: Southbury Center Plan", adopted May 24, 1994, effective June 10, 1994.

B-3. "Southford 2006 Plan of Conservation & Development" adopted April 28,1966, revised June 30, 2006, effective September 30, 2006.

B-4. "Streetscape Plan for Main Street South", adopted October 30, 1990, effective November 15, 1990.

B-5. "Exit 16 Strongtown", adopted March 17, 1998, effective April 18, 1998.

[Adopted by the Southbury Zoning Commission on March 13, 1991, under the provisions of Par. 14.10 Rules, Policy and Procedure of the Zoning Regulations.]

ADMINISTRATIVE POLICY #3 accompanying the Zoning Regulations of the Town of Southbury, Connecticut.

IDENTIFICATION OF HISTORIC STRUCTURES AND ARCHEOLOGICAL SITES

A. General: Provisions of the Zoning Regulations refer to "historic structures" and "archeological sites" and also reference National Register historic districts and historic districts established by ordinance of the Town of Southbury under the provisions of chapter 97a of the Connecticut General Statutes. In referring to historic structures, archeological sites and historic districts, the Zoning Regulations invoke certain criteria for review of SITE DEVELOPMENT PLANS and for grant of variances for repair or rehabilitation of historic structures in the Flood Plain District. See definition of "historic structures" in Zoning Regulations.

B. Identification of Map: To assist the public in identification of the historic structures, archeological sites and historic districts defined or referred to in the Zoning Regulations, a map entitled "Historic and Archeological Resources - Location Map", dated December 20, 1993, scale 1" = 1000' original size, is prepared and maintained by the Southbury Town Historian and/or Southbury Historic Preservation Commission, showing the approximate location of such structures, districts and sites in the town. Under this Administrative Policy #3, a copy of such map, certified or approved by the Southbury Town Historian or Southbury Historic Preservation Commission, shall be on file in the office of the town clerk for public inspection. For the convenience of the public, a copy of the map is also intended to be available for public inspection in the office of the Southbury Zoning Commission and/or the Planning Office in Town Hall. The map may be revised or updated from time to time by the Southbury Town Historian and/or Southbury Historic Preservation Commission, and a copy of the revised or updated map is to be so certified or approved, filed in the office of the town clerk and made available to the public in an expeditious manner.

C. Documentation: The formal basis for identification and determination of location of historic structures, archeological sites and historic districts, and the lot or land where situated, is as follows:

C-1. For National Register historic structures, sites and districts and archeological sites, in research documentation maintained in the National Register of Historic Places and in determinations and listings by the U. S. Secretary of the Interior;

C-2. In research documentation for the Connecticut State Inventory of Historic Resources—Buildings and Structures with regard to historic structures;

C-3. In local research documentation by the Town of Southbury with regard to establishment of historic districts or designation of historic properties; and

C-4. For additional archeological sites, in research documentation by the State of Connecticut Archeologist and/or the State of Connecticut Historic Preservation Office, including the Connecticut State Inventory of Historic Resources—Archeological Sites, and/or research documentation by the Southbury Historic Preservation Commission.

Copies of documentation are typically maintained by the Southbury Town Historian and/or Southbury Historic Preservation Commission and in whole or in part may also be available for public inspection in the Office of the Southbury Town Clerk, the Zoning Commission or the Planning Office. Beyond available documentation, further research of property records may sometimes be appropriate.

D. Effective Date: For the purposes of the Zoning Regulations:

D-1. National Register historic structures, sites and districts and archeological sites are deemed to be identified and in effect upon formal listing, certification or preliminary determination by the U. S. Secretary of the Interior. Other historic structures, sites and districts are deemed to be identified and in effect upon formal listing in the Connecticut State Inventory of Historic Resources—Buildings and Structures and/or upon Town formal identification under chapter 97a of the Connecticut General Statutes.

D-2. Additional archeological sites are deemed to be identified and in effect a) upon formal listing or certification by the State of Connecticut Archeologist or State of Connecticut Historic Preservation Office as archeologically significant, and/or b) upon formal identification by the Southbury Historic Preservation Commission as having likelihood of significant archeologic resources, and c) in either case when suitably identified boundaries for the archeological site are acknowledged and accepted by resolution of the Southbury Zoning Commission.

APPENDIX A

PUBLIC HEARING AND DECISION

Public Hearing.

Within 65 days after receipt of the APPLICATION, the Commission shall hold a public hearing thereon and shall complete the hearing within 35 days after such hearing commences. Notice of the public hearing shall be given by publication in a newspaper of general circulation in the Town at least twice at intervals of not less than two (2) days the first not more than 15 days, nor less than 10 days, and the last not less than two (2) days prior to the date of such hearing and by sending a copy thereof by certified mail to the applicant. For the purpose of this paragraph, the APPLICATION shall be considered received on the day of the next regularly scheduled meeting of the Commission following the day of submission to the Zoning Enforcement Officer, or 35 days after such submission, whichever is sooner, unless the Commission by resolution accepts the APPLICATION at an earlier meeting.

Decision.

The Commission shall decide on the APPLICATION, as provided in Par. 8.5, within 65 days after completion of the hearing. Notice of the decision of the Commission shall be published in a newspaper having a substantial circulation in the Town and shall be addressed by certified mail to the applicant within 15 days after such decision is rendered.