The purpose of this section is to establish criteria, standards and a policy for access management and traffic impact analyses that will serve to promote public safety and lessen traffic congestion.
The intent of this section is to minimize and control the number of curb cuts and access points serving commercial, industrial and multiple-family developments along all state highways and town roads and to improve upon the impact that such development has on traffic patterns and circulation.
These regulations are applicable to:
(a)
All new commercial, industrial and multiple-family buildings erected;
(b)
All existing commercial, industrial and multiple-family buildings which are enlarged to an extent cumulatively exceeding 20% of the floor area which existed on June 15, 1972;
(c)
All commercial, industrial and multiple-family buildings erected after June 15, 1972, and subsequently enlarged; and
(d)
All commercial, industrial and multiple-family premises where the use is changed.
8.02.210 
A traffic impact analysis, prepared by a professional engineer with expertise in traffic management licensed to practice in the State of Connecticut, is required as part of any site development plan or special exception application involving 20 or more dwelling units or any development project that requires 50 or more parking spaces either in a new or existing parking lot or for any use that will generate 100 or more vehicle trips per day.
8.02.211 
The Commission shall have the discretion to require a traffic impact analysis for any application regardless of size if it feels that one is warranted. Likewise, an applicant may request that the Commission waive the requirement for a traffic impact analysis if an application does not involve an increase in vehicle trips, curb cuts or parking spaces.
8.02.212 
The analysis shall include, at least, the following information:
(a) 
The present roadway conditions (road classification, road widths along the lot frontage, roadway capacity, level of service, sight lines);
(b) 
Existing traffic conditions on the roadway (average daily traffic volumes, peak hour traffic volumes, accident history);
(c) 
Impact of proposal upon traffic flow and safety at the point(s) of roadway access and within 1/2 mile of the project (existing and projected trip generation, effect upon peak hour traffic and level of services, proposed sight lines);
(d) 
Description of improvements that are necessary to mitigate identified traffic impacts (proposed recommendations);
(e) 
Description of access management options;
(f) 
All existing uses upon the lot and/or the driveway servicing the lot, not merely any new proposed use inclusive of delivery vehicles.
8.02.213 
Where it is projected that the additional traffic resulting from a proposed project will reduce the level of service to D or below, the Commission shall not approve the project unless and until the applicant has made provisions for the improvement of said condition.
8.02.214 
The street giving access to any lot shall have the capacity to absorb the additional traffic or it shall be suitably improved to accommodate the amount and types of traffic generated by a proposed use.
8.02.215 
Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, driveways and traffic controls within the lot and upon the streets.
8.02.216 
The Commission shall have the discretion to require a peer review of the applicant's traffic impact analysis if it determines that one is warranted. The cost of the peer review shall be borne by the applicant. Payment shall be made to the Town prior to the decision by the Commission on the application.
All lots shall incorporate the following site design and access management criteria:
8.02.310 
Vehicle access to a lot and circulation thereon shall be arranged in such a manner so as to provide safe and convenient circulation upon the lot, to safeguard against hazards to traffic, property and pedestrians, and to avoid congestion on the street and upon the lot.
8.02.311 
Vehicular access to any commercial or industrial lot situated in or bordered by a residential district shall avoid traffic use of local residential streets whenever a reasonable alternative is available.
8.02.312 
Where a lot has frontage on two or more streets, access shall be provided to the street where the potential for traffic congestion and hazards to traffic and pedestrians is less.
8.02.313 
Site improvements shall be designed to provide sufficient capacity for all vehicular and pedestrian activity upon the lot, including parking, loading and unloading of vehicles. Queuing of vehicles on any street is prohibited.
8.02.314 
Access management methods, including the provision of common driveways or common access ways between adjoining lots shall be provided upon all lots having access or frontage along arterial and collector roadways. Provisions for immediate or future driveway connections to adjoining lots of similar existing or potential uses shall be made when such driveway connections will facilitate efficient emergency response and/or when such connections will enable the public to travel between lots without the need to travel upon a street. The property owners' right to use and the obligation to maintain common driveways shall be assured by a written dedication and/or agreement to be recorded in the Newtown land records.
8.02.315 
Certain drawings and bulletins shall be used as a guide in the design and location of driveways on Connecticut Routes 25 and 6. The traffic management reports are entitled "Bethel-Danbury-Newtown Route 6 Traffic and Curb Cut Management Plan, HVCEO Bulletin #73, dated 1993," "Newtown Route 25 Access Management Study, HVCEO Bulletin #85 dated November 1995" and the "Interstate 84 Exit 9 Hawleyville Transportation and Development Study, HVCEO Bulletin #94, dated August 1997." Such Bulletins are available in the Planning and Zoning Commission office for the particular site in question.
8.02.316 
Where the lot has frontage on an existing street, proper provision shall be made for grading and improvement of shoulders and sidewalk areas within the right-of-way of the street and for provision of curbs and sidewalks as approved by the Commission and in accordance with the pattern of development along the street. Where necessary to provide for suitable access or for a system of neighborhood circulation streets, provision shall also be made for appropriate continuation and improvement of street terminating at the property where the use is to be located.
8.02.317 
Owners of contiguous lots are encouraged to consolidate their lots for the purpose of development. This provision will reduce side yard building setbacks and may reduce the amount of parking spaces required in exchange for fewer access driveways. (See Article VIII, Section 3.)
8.02.410 
Where street geometry, traffic volumes or traffic patterns warrant, the Commission may:
(a) 
Limit the number of driveways that provide access to a lot from the street;
(b) 
Designate the location of any street access;
(c) 
Require the use and/or provision of a common driveway with an adjoining lot, an access easement to an adjoining lot for shared access; and
(d) 
Limit access to a major street and require access from a minor street.
8.02.420 
As part of an application approval, the Commission may require an applicant or owner to:
(a) 
Establish mutual driveway or other easements to provide a single point of access for two or more abutting lots in a location acceptable to the Commission;
(b) 
File such easements on the land records in favor of the abutting lot owners and/or the Town of Newtown as shall be acceptable to the Commission and the Town Attorney; and/or
(c) 
Utilize a mutual driveway or other easement that exists on an abutting lot in lieu of having a separate curb cut onto a road or street.