Woodbridge City Zoning Code
ARTICLE VI
Applications, Permits, Enforcement, and Penalties
§ 495-38 Enforcement of regulations.
This chapter shall be enforced by the Town Plan and Zoning Commission or their authorized agent who shall be known as the Zoning Enforcement Officer. The Town Plan and Zoning Commission or their agent is authorized to cause any building, structure, or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereon in violation of any of this chapter.
§ 495-39 Penalties.
Any violation of this chapter shall be subject to the procedures for enforcement set forth in § 8-12 of the Connecticut General Statutes.
§ 495-40 Special exceptions.
A.
Application materials. Applications for a special exception shall include the following:
(1)
Site plan application form.
(2)
A narrative statement describing the proposed use.
(3)
Data must include:
(4)
Any revisions to maps and any additional information, such as a traffic report, that is not submitted at the time of the initial application must be submitted to the Plan and Zoning Office at least 10 calendar days prior to the public hearing on the proposed application.
B.
Conformance with requirements.
(1)
Unless otherwise specified, a special exception use shall conform to all requirements of the zone in which it is located, as well as with all other applicable provisions of this chapter.
(2)
Where two or more special exception uses apply to the same premises, the minimum requirements shall be the minimum requirements for each use as specified in this chapter, or in cases of two or more special exception uses in the same building, whichever requirements are more restrictive.
C.
Threshold for granting a special exception. In deciding whether to grant a special exception, the Commission shall give consideration to, but not be limited by, the following:
(1)
The health, safety, and welfare of the public in general, and the immediate neighborhood, in particular, compliance with the Plan of Conservation and Development;
(2)
The location and size of the proposed use;
(3)
The nature and intensity of the proposed use and any operations involved in the use;
(4)
The safety and intensity of traffic circulation on the site, and on adjacent streets;
(5)
The scale of the proposed site and structure(s);
(6)
The harmony and appropriateness of the use and site design in relation to the general area and to adjacent properties; and
D.
Conditions and safeguards.
(1)
The Commission may, if it finds that a special exception is appropriate, include reasonable conditions and safeguards related to the factors set forth in § 495-40C.
(2)
Any conditions or safeguards attached to the granting of a special exception shall remain with the property as long as the special exception use is still in operation, and shall continue in force regardless of any change in ownership of the property.
E.
Conformance with approved plans. Site development shall proceed in accordance with plans approved by the Commission. Any changes proposed by an applicant to an approved special exception shall be submitted to the Town Plan and Zoning Commission for review and approval. Any changes made prior to such review and approval shall constitute a violation of this chapter. All site work shall be completed no later than five years from the date of approval of the original plan.
F.
Suspension. Any authorized special exception shall be subject to suspension through a cease and desist order if any condition or safeguard imposed by the Commission upon buildings, structures, land, or uses for said permit is not strictly adhered to by the applicant, user and/or owner.
G.
Amendments or modifications to approved special exceptions. Applications for amendment(s) or modification(s) to an approved special exception that are necessitated by site conditions or a change in circumstances, or that are deemed to be in the public interest shall be made in the same manner as the original application.
(1)
Amendments to approved site plans attendant to special exceptions may be approved with a public hearing before the Commission. Amendments are those that may result in additional impact to the appearance and/or intensity of use of a site.
(2)
The request for an amendment to a special exception and/or site plan shall not subject the entire application to public hearing, only that portion necessary to rule on the specific issue requiring the relief.
(3)
The request for an Amendment to a site plan shall not subject the entire application to review by the Commission, only that portion necessary to allow the Commission to rule on the specific issue requiring relief.
H.
Time period and expiration. In approving a special exception, the Commission may set time limits on the permit and/or require periodic renewal of the permit without a public hearing. No time limit placed by the Commission can be less than any applicable permit duration allowed under state law, and in addition, when a special exception is based on particular site plan, the special permit will expire with the site plan expiration provided by state statute. If a legal ruling is made to reverse the Commission's denial of a special exception, the time period shall commence on the date of final disposition of such an appeal. Expired special exceptions shall be considered invalid.
I.
Continuance. Notwithstanding any other provision of this chapter, when an amendment is adopted to these Zoning Regulations or boundaries of zones, a special exception that has been approved according to the regulation in effect at the time of filing shall not be required to conform to such amendment, provided:
(1)
Construction of any of the proposed improvements, including but not limited to roads, sewer lines, landscaping, recreational facilities, etc., shall have commenced within 12 months from the effective date of the special exception and site plan approvals; and
(2)
Construction of the improvements is diligently pursued and brought to substantial completion within the original time constraints set forth at the time of approval or within three years following the effective date of such amendment to the zoning regulations or boundaries of zones.
§ 495-41 Site plan standards and procedures.
A.
Authority and purpose. No zoning permit shall be issued for any activity requiring site plan approval until the Commission has reviewed and approved the application. All uses requiring a special exception shall require site plan review and approval by the Commission. All non-residential uses approved by the Zoning Board of Appeals shall require special exception review and approval by the Commission.
B.
Site plan procedure.
(1)
Application. Each application for site plan approval shall be submitted on a form prescribed by the Commission, accompanied by 10 sets of a site plan, as well as the applicable fee.
(2)
Referrals. The Commission may refer any site plan application to any Town department or other agency that the Commission deems appropriate, and may that request any such department or agency submit a report to the Commission on matters that are of concern to the Commission in connection with its own responsibilities.
(3)
Site plan information.
(a)
All maps shall include an accurate class A-2/T-2 survey of the property and improvements, prepared by a land surveyor registered in the State of Connecticut unless waived by the Commission.
(b)
All plans shall be prepared, signed, and sealed by a Connecticut-registered engineer, architect, or landscape architect, whichever is appropriate.
(c)
All plans shall be prepared at a scale of one-inch equals not less than 20 feet, and not more than 50 feet.
(d)
Site plans shall include the following:
[1]
Title block with date, name of developer(s), property owner(s), north arrow, revision date(s), numeric and graphic scale of plans, seals, and signatures of all appropriate design professionals;
[2]
A key map at the scale of one-inch equals 1,000 feet showing the subject property and adjacent properties within 500 feet;
[3]
Boundary survey of the site, including distances with angles or bearings;
[4]
Zoning classification of property;
[5]
Area of lot;
[6]
Name of adjacent owners and zoning classification of each property;
[7]
Existing and proposed contours or spot grades at no more than two-foot intervals;
[8]
Locations of existing and proposed buildings, signs, fences, and walls with dimensions, area, elevations and number of stories, and distances between all buildings and property lines;
[9]
Location of all existing and proposed uses and facilities not requiring a building, such as swimming pools, tennis courts, tanks, and transformers;
[10]
Sizes, arrangement, uses, and dimensions of all open spaces on the site;
[11]
Location and design of all existing and proposed sanitary sewers, storm drainage, water-supply facilities, electrical/mechanical pad(s), and other underground and above-ground utilities;
[12]
Existing and proposed sidewalks, curbs and curb cuts, and adjacent streets;
[13]
Soil erosion and sedimentation control measures as required by § 495-25, Sediment and erosion control regulations;
[14]
Drainage design for roof area(s), parking lot(s), and driveway(s);
[15]
Stormwater detention plans;
[16]
Locations and descriptions of all existing and proposed easements and rights-of-way;
[17]
Location of all existing wooded areas, watercourses, wetlands, rock outcrops, and other significant physical features, and, where appropriate, the mean high-water line, the wetlands boundary, the flood hazard area, the coastal area boundary, the aquifer boundary, and the West Rock Ridge Conservation area;
[18]
Location of existing stone walls;
[19]
Proposed landscaping to include the following:
[a]
Location, general layout, type and size of buffer(s) or landscape area(s), plant material(s), fencing, screening devices, decorative paving, or other materials proposed;
[b]
Location of existing trees with a trunk caliper of more than six inches except in intensely wooded areas where the foliage line shall be indicated;
[c]
A statement to the effect that such landscaping does not include any species listed on the Connecticut Invasive Plant List.
[20]
Layout of all off-street parking areas showing details of aisles, driveways, each parking space, all loading and unloading areas, pavement markings, location of directional signs;
[21]
Existing and proposed locations, heights, and sizes of all outdoor lighting and sign locations. Lighting plan shall include the following:
[a]
Location and type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices; any decorative lighting should be indicated;
[b]
Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices, and the description may include, but is not limited to, catalog cut sheets by manufacturers and drawings (including sections where required);
[c]
Photometric data, such as that furnished by manufacturers or similar, showing the angle of cut-off or light emissions; and
[d]
Wattage or power of the lights, and method of shielding from any adjoining residential area.
[22]
Fire lanes and traffic control signs as required by Police and Fire authorities;
[23]
Outside storage areas with proposed screening;
[24]
Location of outside recycling and refuse storage area and proposed screening;
[25]
Provisions for water supply;
[26]
Proposed open space areas and any proposed site improvements to such areas;
[27]
Information on endangered species or species of special concern, as listed on the Natural Diversity Data Base maintained by the Connecticut DEEP; and
[28]
A table or chart indicating the proposed number or amount and types of uses, lot area, lot width, yards, building height, coverage, floor area, parking spaces, landscaping, open spaces, and other elements as they relate to the requirements of the Zoning Regulations.
C.
Site plan objectives. In reviewing a site plan Application, the Commission shall take into consideration the health, safety, and welfare of the public in general and the immediate neighborhood, in particular, and may prescribe reasonable conditions and safeguards to insure the accomplishment of the following general objectives.
(1)
Plan of conservation and developments (POCD). That the proposed site plan shall be in general conformance with the intent of the Town Plan. However, the POCD shall not take precedence over specific provisions of the Zoning Regulations.
(2)
Public safety. All buildings, structures, uses, equipment, or material are readily accessible for fire and police protection.
(3)
Traffic and pedestrian access. All proposed traffic and pedestrian accessways do not create traffic hazards and are: adequate, but not excessive in number; adequate in width, grade, alignment, and visibility; adequate in distance from street corners, places of public assembly and other access ways; and adequate in design for other similar safety considerations.
(4)
Circulation and parking. Adequate parking and loading spaces are provided to prevent congestion; that all parking spaces and maneuvering areas are suitably identified; that entrances and exits are suitably identified and designed to specific use radii; that the interior circulation system is adequately designed to provide safe and convenient access to all structures, uses, and/or parking spaces; that parking areas are provided with suitable bumper guards, guard rails, islands, crosswalks, speed bumps, and similar safety devices when deemed necessary by the Commission to adequately protect life and property; and that provision is made for safe pedestrian movement within and adjacent to the property by the installation of sidewalks.
(5)
Landscaping and screening. The general landscaping of the site complies with the purpose and intent of § 495-30 of this chapter; that existing trees are preserved to the maximum extent possible; and that parking, storage, refuse, and service areas are suitably screened during all seasons from the view of adjacent residential areas and public rights-of-way.
(6)
Lighting. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation and that glare from the installation of outdoor lights and illuminated signs is properly shielded from the view of adjacent property and public rights-of-way.
(7)
Public health. All utility systems are suitably located, adequately designed, and properly installed to serve the proposed uses, and to protect the environment from adverse air, water, and land pollution.
(8)
Environmental features. The development of the site will preserve sensitive environmental land features, such as steep slopes, wetlands, and large rock outcroppings and will attempt to preserve public scenic views or historically significant features.
(9)
Neighborhood. The location and size of any proposed use, building, or structure, as well as the nature and intensity of operations involved or conducted in connection therewith, will be in general harmony with the surrounding neighborhood and will not be hazardous or otherwise detrimental to the appropriate and orderly development or use of any adjacent land, building, or structure as expressed in Article V, Basic Standards.
(10)
Drainage. The design of stormwater drainage systems shall be such as to minimize soil erosion and maximize absorption of pollutants by the soil. Runoff from impervious areas shall be attenuated to reduce peak flow volume and sediment loads to pre-development levels. Practices as outlined in the 2004 Stormwater Quality Manual of the Connecticut DEEP (as updated) shall be followed.
(11)
Soil erosion and sediment control. The design of soil erosion and sediment control plans shall be such as to reduce the danger from stormwater run-off, minimize non-point sediment pollution from land being developed and conserve and protect the land, water, air, and other environmental resources of the Town.
(12)
Conformance to requirements.
(a)
Unless otherwise specified, a site plan use shall conform to all requirements of the zone in which it is located as well as to other applicable provisions of this chapter.
(b)
Where two or more site plan uses apply to the same premises, the minimum requirements shall be the minimum requirements for each use as specified in this chapter or, in cases of two or more site plan uses in the same building, whichever requirements are more restrictive.
D.
Conditions and safeguards. The Commission may, if it finds that a site plan is appropriate, include reasonable conditions and safeguards related to the factors set forth in this section. Any conditions of approval shall be so noted by stamping on the site plan accordingly and noting specific conditions on the plan. Any such conditions or safeguards attached to the granting of a site plan shall remain with the property as long as the site plan use is still in operation, and shall continue in force regardless of any change in ownership of the property.
E.
Performance bond. The Commission, may, if it deems necessary, require a bond consisting of a corporate surety or other financial guarantee, in a form and amount acceptable to the Commission or its designated agents, to guarantee performance of the site work as shown on the approved site plan. Said bond shall be submitted at a time to be determined by the Commission. Performance Bond requirements shall be consistent with the Connecticut General Statutes.
F.
Conformance to approved plans. Site development shall proceed in accordance with plans approved by the Commission. Any changes proposed by an applicant to an approved site plan shall be submitted to the Town Plan and Zoning Commission for review and approval. Any changes made prior to such review and approval shall constitute a violation of this chapter. All site work shall be completed no later than five years from the date of approval of the original plan. The Commission may grant one or more extensions of time to complete all or part of the work in connection with site plan provided the total extension or extensions does not exceed 10 years from the date of the site plan approved. The term "work" for these purposes, means all physical improvements required by the approved plan.
G.
Suspension. Any authorized site plan shall be subject to suspension through a cease and desist order if any condition or safeguard imposed by the Commission upon buildings, structures, land, or uses for said permit is not strictly adhered to by the applicant(s), user(s), and/or owner(s).
H.
Amendments. The Planning staff, in conjunction with the chairperson of the Commission, shall determine whether a proposed deviation from approved site plans and/or special exceptions requires an amendment.
(1)
Amendments to approved site plans attendant to special exceptions may be approved with a public hearing before the Commission. Amendments are those that may result in additional impact to the appearance and/or intensity of use of a site.
(2)
The request for an Amendment to a special exception and/or site plan shall not subject the entire application to public hearing, only that portion necessary to rule on the specific issue requiring the relief.
I.
Period and expiration. In approving a site plan, the Commission may set time limits on the permit and/or require periodic renewal of the permit. In the event a legal ruling is made to reverse the Commission's approval of a site plan, the time period shall commence on the date of final disposition of such litigation. Expired site plans shall be considered invalid.
J.
Continuance.
(1)
All conditions and improvements shown on an approved site plan shall remain with the property, as long as the use indicated on the approved site plan is still in operation. The conditions and improvements shall continue in force, regardless of any change in ownership of the property.
(2)
Notwithstanding any other provision of this chapter, when an amendment to these Zoning Regulations is adopted or boundaries of zones are modified, a site plan that has been approved according to the regulations in effect at the time of filing shall not be required to conform to such amendment provided:
(3)
Construction of any of the proposed improvements, including but not limited to roads, sewer lines, landscaping, and recreational facilities, shall have commenced within 12 months from the effective date of the site plan approvals; and
(4)
Construction of the improvements are diligently pursued and brought to substantial completion within the original time constraints set forth at the time of approval, or within three years after the effective date of such amendment to the zoning regulations, or modification of boundaries of zones.
§ 495-42 Zoning permit.
A.
When required. No building or structure shall be erected, changed, or enlarged unless and until the owner of the property has obtained a zoning permit from the Zoning Enforcement Officer. Except in the case of gardening or agricultural operations, no new land use shall be undertaken, nor any existing land or building use enlarged or changed unless and until the owner of the property has obtained a zoning permit from the Zoning Enforcement Officer. Nothing herein shall be construed to authorize the extension, expansion, or enlargement in scope, area, or intensity, of any nonconforming use.
B.
Site plan.
(1)
The Zoning Enforcement Officer shall require that the application for a permit to use, change use, erect, or enlarge a building, structure, or premises shall be accompanied by a site plan of the land where the use, change of use, construction, or enlargement is to take place. Said site plan shall be based on a survey done according to A-2 standards of accuracy, prepared by a land surveyor licensed to practice in the State of Connecticut, at a scale of not less than one inch equals 40 feet. The boundaries of the land shall be denoted on the land either by visible permanent natural features, or by visible merestones or other suitable permanent markers.
(2)
The map shall contain at least the following information:
(a)
Soil erosion and sedimentation control devices (approved as necessary by the Commission);
(b)
All property corner monuments must be set and noted;
(c)
The location of all existing and proposed buildings, accessory structures, swimming pools, tennis courts, etc., and their property line setbacks. In the case of a dwelling, the number of bedrooms must be shown;
(d)
Location of driveway(s);
(e)
Location of well or public water supply tie-in;
(f)
Location of septic system including the reserve area (approved as necessary by the Quinnipiac Valley Health District), or public sewer tie-in;
(g)
Location and size of oil tank;
(h)
Location of underground utilities;
(i)
Amount of fill to be brought to the site or excavation contemplated in cubic yards and square feet for driveway, septic system, regrading, etc., (approved as necessary by the TPZ);
(j)
Existing water courses, wetlands (approved as necessary by the Town Plan and Zoning Agency), flood zones (approved as necessary by the TPZ), and existing and proposed easements;
(k)
Name and address of current owner in fee including the abutting owners and those across the street;
(l)
North arrow and scale;
(m)
The Zoning District classification of a property;
(o)
Variance if granted (show date and type); and
(q)
The Zoning Enforcement Officer shall have the authority to waive any of the above requirements if in their opinion the nature of the work proposed does not warrant full compliance with the requirements of this section or the requirements can be met in other ways. Depending on the complexity of the application, additional information such as existing and proposed grades, landscaping, drainage, soil types, signs, and lighting may be required; and the TPZ shall have the authority to waive any of the above requirements if in his opinion the nature of the work proposed does not warrant full compliance with the requirements of this section or the requirements can be met in other ways.
C.
Foundation. Before the actual pouring of concrete or placement of other material for the foundation of any building or structure, the owner or contractor shall notify the Enforcement Officer, shall give him/her an opportunity to determine that the location of such foundation, or any part of the building to be erected thereon, will not encroach over the established building lines or in any way violate any of this chapter, and shall obtain his written approval endorsed upon the permit.
D.
Fees. Every application for a zoning permit for the erection of a residence or for a permit for any other use, change of use, building, or enlargement shall be accompanied by a fee as set forth in Chapter 5, Article VIII of the ordinances of the Town of Woodbridge entitled Schedule of Land Use Fees,[1] as amended from time to time. Such fees shall be collected by the Zoning Enforcement Officer, or his/her designee, and shall be remitted to the Treasurer of the Town.
E.
Length of time permit is valid. Any permit by the Zoning Enforcement Officer issued under this section shall be valid for one year from the date of issue.
F.
Impact of effective date of this chapter. Nothing herein contained shall require any change in the plans, construction, site, or designated use of a building a) for which a zoning permit has been granted or b) for which an acceptable application was on file with the Selectmen or his/her duly authorized agent before the effective date of this chapter, and the construction of which shall be started within six months after such date.
G.
Certificate of compliance.
(1)
It shall be unlawful to use or permit the use of any building, structure, or premises or part thereof hereafter changed or converted, altered or enlarged, wholly or partly, in its use or structure, until a certificate of compliance has been issued showing that such building, structure, or premises, or part thereof, and the proposed use(s) thereof, are in conformity with the provisions of this chapter. The ZEO may issue a temporary certificate of zoning compliance if all improvements are not complete, but the project may be occupied safely. All incomplete improvements that were the subject of the original approval shall be bonded prior to issuance of the certificate of zoning compliance.
(2)
A certificate of compliance shall be issued by the Zoning Enforcement Officer immediately upon the satisfactory completion of the building or establishment of a land use with the exception of agricultural operations.