Town of Suffield, CT Article XIV Administration

§ 315-116 Required permits and information.

No building or structure shall be erected, expanded, or structurally altered and no land use shall be established until a permit therefor has been issued as required below:

A. Special permit. All applications for a special permit shall be submitted in writing to, and in a form prescribed by, the Commission. The Commission shall adopt administrative procedures therefor, including but not limited to application forms, fees, map submission requirements, number of copies and filing deadlines. Failure of an applicant to comply with these application submission requirements shall be grounds for the Commission to reject or deny such application. In addition:

(1) A special permit use identified as such in these regulations shall also require site plan approval, including said plan requirements according to Subsection B below.

(2) The application submission shall address all off-site and on-site impacts, requirements, improvements and considerations, including but not limited to building location, traffic, storm drainage, sanitary sewerage, water supply, parking and loading, vehicular and pedestrian circulation, landscaping, and environmental and aesthetic considerations. Sufficient information to address these major impacts shall be provided by the applicant so that the Commission can make an informed decision.

(3) Special permit uses proposing high traffic generators where the construction involves more than 25 homes, 50 parking spaces, or 20,000 square feet of floor area, or any proposal which in the Commission's judgment would generate high levels of traffic shall be accompanied by a traffic study prepared by a licensed traffic engineer. (The Commission may waive this requirement if it finds that the projected use is of a nature that a significant traffic impact is not anticipated.) At a minimum, the traffic study shall include data and information on existing and projected average daily vehicle trips on streets within 1,000 feet of the development, peak-hour traffic, adequacy of rights-of-way and travel ways, existing roadway capacity, traffic accidents, the traffic impact of the proposed development, traffic generation data, traffic lights and intersections, and recommendations for safe pedestrian and vehicular circulation, including provisions for safe sidewalks and crosswalks for pedestrians. Where applicable, the applicant shall include the written recommendations of the Connecticut Department of Transportation.

[Amended 1-4-2019]

(4) Where it is projected that the additional traffic resulting from the proposal will reduce the Level of Service (LOS) to D or below, the Commission shall not approve the project unless and until provision has been made for the improvement of said condition.

(5) Additional information may be required of the applicant during the Commission's consideration of an application for a special permit as deemed necessary by the Commission to determine compliance of the proposed use with these regulations. Such additional information may include but not be limited to environmental impact analysis.

B. Site plans. Applications for site plan approval or special permit use shall include the following information:

[Amended 2-10-2006; 1-4-2019]

(1) Town of Suffield site plan application, including a list of abutters within 200 feet according to the most recent Assessor's records and an application fee in accordance with § 315-121 below.

(2) Statement of purpose or comprehensive written record detailing the proposed use(s) of the site and building(s) thereon.

(3) Four prints of the site plan of the premises at a scale of one inch equals 40 feet, 24 inches by 36 inches in size, and 10 reduced prints, 11 inches by 17 inches, certified by a licensed surveyor, engineer, or landscape architect showing the following:

(a) Name and address of developer and owner of record, scale of drawing, North arrow, date of preparation and revision(s), and if a lot in a subdivision a reference to the original subdivision plan.

(b) Lot boundaries, dimensions, and lot areas. A boundary survey of the lot may be required, which shall conform to Class A-2 requirements of the State of Connecticut.

(c) An area map, drawn to a scale not larger than one inch equals 100 feet, showing all properties with owners' names and addresses within 200 feet.

(d) The zoning and proposed use of the lot or lots subject to the application and of the adjacent land within 200 feet of the perimeter of the site.

(e) Locations and outlines of all significant natural or man-made features within 200 feet of the perimeter of the site, including buildings, fences, signage, roadways, and driveway entrances to lots on both sides of the street(s) abutting the subject property.

(f) The location, size and height of all existing and proposed structures above and below ground.

(g) Perspectives or elevations of proposed building(s) as viewed from public roads.

(h) Access and egress details, including signage, pedestrian crossings, vehicular movement on the site, pavement materials and construction specifications.

(i) The layout of existing and proposed parking and loading facilities and access thereto, including snow storage location and any parking barriers or walkways. A calculation shall be shown on the plan to show that the parking and loading spaces meet the requirements of Article VII of these regulations.

(j) Existing contours of the land at two-foot intervals and proposed contours if any change in the grading is proposed.

(k) An erosion and sedimentation control plan and narrative if required by Article XII of these regulations.

(l) All present and proposed uses of all structures.

(m) Location of the proposed sanitary disposal system, whether by sewer connection or subsurface disposal area, and appropriate agency approvals, e.g., Health Department or WPCA.

(n) Where surface or subsurface drainage facilities are to be constructed or modified, existing and proposed structures and piping with flow line elevations shall be shown.

(o) Wetland soils.

(p) Locations of existing and proposed water supply either by private well or public water.

(q) The type, location, and specifications for any outdoor lighting proposed in accordance with § 315-19 of these regulations. Depending on the site conditions and type of use proposed, the Commission may also require that a photometric plan be provided which details the type(s) and wattage(s), installation location, mounting height, and ground level lighting intensity of all lighting within the parcel and at adjacent property lines.

(r) The type, size and location of all signs where applicable in accordance with Article IX of these regulations.

(s) Existing (including those to be removed) and proposed trees and shrubs with a list and count of all trees and shrubs to be planted by common and botanical names, size (caliper, height, time until maturity) at planting, and height and spread at maturity. Required buffers/screening between properties shall also be labeled on the plan in accordance with Article VIII of these regulations. Depending on site conditions and type of use proposed, the Commission may require a landscaping plan prepared by and containing the seal of a landscape architect registered by the State of Connecticut.

(t) Such additional information as required by the Zoning Officer, Town Planner, or the Commission, where it is necessary to determine that the requirements of these regulations are met.

(4) The Zoning Officer may excuse compliance with requirements for specific information otherwise required on the plot plan where such compliance is not necessary to determine that zoning or other code regulations are met.

C. Other.

(1) Upon determination of the Zoning Officer that a proposed structure or use complies with these regulations, the Building Official can issue a building permit.

(2) Upon determination of the Zoning Officer that a proposed structure or use complies with these regulations and applicable laws, the Building Official can issue a certificate of occupancy.

(3) An application that does not require a site plan as described above shall consist of those items that the Zoning Officer determines are necessary to review a proposal for zoning compliance.

(4) Four copies of elevations and floor plans of the building to scale, and specifications to indicate the size, kind, and quality of the proposed construction.

[Added 1-4-2019]

(5) Measures to be taken to control erosion and sediment, if required, may be described and provided for in a construction agreement and the estimated costs of accomplishing such measures may be covered in a performance bond acceptable to the Commission.

[Added 1-4-2019]

(6) Letters of approval from the Conservation Commission, Historic District Commission, Health District, WPCA, and Water Company, as appropriate.

[Added 1-4-2019]

(7) Bond estimates as required in § 315-118.

[Added 1-4-2019]

(8) Intersections and driveways shall meet the intersection sight distance requirements of AASHTO. Applicants shall determine the 85th percentile of operating speed on existing streets by conducting a speed study or by determining the AASHTO sight distance requirements for the posted speed limit plus 10 miles per hour.

[Added 1-4-2019]

§ 315-117 Approvals.

A. Special permit. Except as otherwise provided therein, a use allowed by special permit shall conform to all requirements of the zoning district in which it is proposed to be located and the following standards and conditions. A special permit may be approved, approved with conditions, or denied by the Commission upon completion of a duly advertised and held public hearing according to the standards specified below and elsewhere in these regulations.

(1) Procedure for approval. A public hearing for a special permit application shall be held within 65 days of the Commission's receipt of said application, unless the Commission and the applicant consent to an extension of up to 65 days. The public hearing associated with said application shall be no longer than 35 days, unless the applicant consents to an extension of up to 35 days. The Commission shall decide on the special permit application within 65 days of the close of the public hearing unless otherwise extended according to CGS.

(2) Standards for approval. The Commission may grant a special permit after considering the health, safety, and welfare of the public in general and the immediate neighborhood in particular, and must find that each of the following standards is met, and, where necessary, shall attach specific conditions to its special permit approval, if in its opinion such conditions are essential to making the finding that:

(a) The location and size of the proposed use; the nature and intensity of the operation associated with the proposed use; the size, shape, and character of the site in relation to the proposed use; and the relationship of the proposed use and site to adjacent land uses, sites, and streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

(b) The kind, location, size, and height of all proposed structures and the nature and extent of the proposed landscaping on the lot are such that the use will not hinder or discourage the appropriate development and use of adjacent properties.

(c) The impact of the proposed use on traffic safety and circulation on nearby streets will not be negative and the ability of such streets to adequately accommodate the traffic to be generated by the proposed use will be adequate.

(d) The parking and loading facilities are adequate and properly located for the proposed use, and entrance and exit driveways are laid out so as to achieve maximum safety.

(e) The proposed use is in compliance with the Plan of Conservation and Development.

(3) Conditions of approval. In granting a special permit, the Commission may attach such conditions as may be required to protect the public health, safety, and general welfare and to ensure continued compliance with these regulations. Such conditions may include, but shall not be limited to:

(a) Hours and days of operation.

(b) Maximum number of employees.

(c) Date of expiration of the special permit.

(d) Periodic review and renewal of the special permit by the Commission or the Zoning Officer as the case may be, to determine continuing compliance.

(e) Improvements to existing public facilities to accommodate the use.

(f) Conservation restrictions necessary to protect and permanently preserve unique natural site features.

(g) Soil erosion and sedimentation control measures.

(h) Requiring a performance bond for site improvements.

(i) In cases where a reasonable and necessary need for off-site improvements for public safety purposes is demonstrated or required by the proposed development application, and where no other property owners receive a special benefit thereby, the Commission may require the construction of off-site improvements at the applicant's expense.

(4) Other.

(a) A special permit shall authorize only the particular use or uses specified in the Commission's approval.

(b) A special permit may be amended or modified provided that application shall be made according to § 315-116 above.

(c) No special permit shall become effective until it has been filed in the Town's land records in accordance with the provisions of the CGS.

(d) Failure to strictly comply with the special permit conditions approved by the Commission as a part of the special permit shall be a violation of these regulations. The Zoning Enforcement Officer shall notify the applicant, in writing, of the specifics of the noncompliance and shall provide a reasonable time period for compliance therewith. Unless there is full compliance within such time period, the Commission may, following a duly advertised public hearing, rescind and revoke such special permit.

B. Site plan. A site plan may be approved, approved with modifications, or denied by the Commission within 65 days of receipt of application, unless the applicant and the Commission consent to one or two extensions of such time period, or the applicant withdraws. In addition:

(1) Minor revisions to an approved site plan may be approved by the Town Planner or Zoning Officer when proposed changes are limited to landscaping, parking, finish grading, or building additions or additional structures that are less than 10% of the gross floor area of the building and not to exceed 2,000 square feet in total floor area. The Town Planner shall report all such approvals to the Commission at its next meeting and plans indicating such changes shall be filed with the Commission. If there is disagreement on any such issue between the staff and the applicant, the applicant will be referred to the Commission for site plan approval.

(2) No certificate of occupancy shall be issued until as-built drawings in both hard copy and in Disk/CD AutoCad format, if applicable, have been submitted to the Planning Office and are determined by the Zoning Officer to be in substantial compliance with the approved site plan.

(3) All work in connection with a site plan shall be completed within five years after the approval of the plan. Failure to complete all work within such period shall result in automatic expiration of the approval of such site plan. The Commission may grant one or more extensions of the time to complete all or part of the work in connection with the site plan, provided the total extension or extensions shall not exceed 10 years from the date such site plan was approved.

§ 315-118 Bonding.

As a condition of special permit or site plan approval, the Commission may require that the applicant post with the Town a performance bond to guarantee satisfactory completion of all proposed site improvements (excluding buildings) shown on the approved site plan. When a performance bond is required by the Commission, the following shall apply:

A. An itemized estimate of the cost of the site improvements shall be prepared by the applicant and shall be submitted to the Town Engineer for approval at time of application.

B. Before the release of a performance bond, the site shall be inspected by the Town Engineer to determine if the required site improvements have been satisfactorily completed in accordance with the approved site plan. Based upon these findings, the Town Engineer, in consultation with the Town Planner, may authorize the release of such bond as along as the applicant has submitted as-built drawings in hard copy and electronic format.

C. The Town Engineer shall file a quarterly report with the Commission listing all outstanding performance bonds and those recently released under this section.

D. Performance and maintenance bonds required under this section shall:

(1) Be in a form and with security satisfactory to the Commission's Counsel; and

(2) Be in the form of cash, a certified check payable to the Town, a savings passbook or certificate of deposit in the name of the Town to be held in escrow by the Town, together with a letter from the applicant stating that the passbook is being provided in accordance with the approved site plan and may be drawn against by the Town, if necessary, or an irrevocable letter of credit from a bank chartered to conduct business in Connecticut.

§ 315-119 Enforcement.

A. These regulations shall be enforced by the Commission through the Zoning Enforcement Officer or other designee, who is hereby empowered to cause any building, structure, place 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 provisions of these regulations or, when the violation involves grading of land or the removal of earth, to issue in writing a cease and desist order to be effective immediately.

B. The owner or agent of a building or premises where a violation of any provision of these regulations has been committed or exists; or the lessee or tenant of an entire building or an entire premises where such violation has been committed or exists; or the owner, agent, lessee or tenant of any part of a building or premises in which such violation has been committed or exists; or the agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation exists shall be subject to penalties in accordance with the provisions of CGS § 8-12, as may be amended.

C. Any person who, having been served by the Zoning Enforcement Officer with an order to discontinue any such violation, fails to comply with such order within 10 days after such service; or, having been served with a cease and desist order with respect to a violation involving grading of land or removal of earth, fails to comply with such order immediately; or continues to violate any provision of these regulations in the manner named in such order shall be subject to penalties in accordance with the provisions of CGS § 8-12, as may be amended.

D. Erosion and sedimentation control inspections/enforcement shall be conducted by the Conservation Commission or its designee.

§ 315-120 Zoning amendments.

The requirements for a proposed amendment to the Zoning Regulations or Zoning Map are as follows:

A. A completed Town of Suffield zone change application form with application fee and letter of explanation of why the change is being requested shall be submitted.

B. Applicants requesting an amendment to the Zoning Map shall provide a preliminary site plan for property to be developed under the proposed zone. Said plan shall show proposed buildings and uses, parking, preliminary grading, driveway locations and other proposed features that will aid the Commission in its deliberations. Supporting reports such as traffic studies, feasibility studies, compliance with the Plan of Conservation and Development, etc., shall be submitted at the time of application to the Commission in order to allow adequate review by the Commission and its staff. This requirement shall not apply to proposals by the Commission.

C. A proposed amendment to the Zoning Map shall include:

(1) A legal description of the area proposed to changed.

(2) Four prints of a map drawn to scale of not more than one inch to 100 feet showing the proposed change and the zoning district boundaries of the Zoning Map.

(3) A list, as taken from the most current Assessor's records, containing the name, street address, mailing address, and land use of all property owners whose property, or any portion thereof, is within 500 feet of the proposed Zoning Map amendment. This requirement shall not apply to comprehensive or large area revisions as determined by the Commission.

§ 315-121 Fees.

All applications shall be accompanied by the appropriate fee as established below.

A. The fees for the various permits and applications required by these regulations are hereby established as follows, except that the Commission and Board of Appeals may waive all or a portion of a fee which shall be accompanied by a statement of reason:

[Amended 2-10-2006; 1-4-2019]

(1) Zone change: $200 per acre (minimum of $400) plus $60 DEEP fee.

(2) Amendment to zoning text: $200 plus $60 DEEP fee.

(3) Site plan: $0.005 per square foot of disturbed area (minimum of $200) plus $60 DEEP fee.

(4) Site plan modification: $0.005 per square foot changed (minimum of $100).

(5) Planned development apartments: $400 plus $75 per unit plus $60 DEEP fee.

(6) Special permit use: $0.005 per square foot of disturbed area (minimum of $400) plus $60 DEEP fee.

(7) Special permit use renewal: $100, except for earth removal operations where fee shall be $250 plus $60 DEEP fee.

(8) Subdivision/resubdivision - new lots: $300 per each building lot over two (minimum of $600) plus $60 DEEP fee.

(9) Subdivision/resubdivision - modification of prior approval: $200 per each building lot over two (minimum of $400) plus $60 DEEP fee.

(10) New road construction: $1 per linear foot.

(11) Temporary special permit use: $25.

(12) Board of Appeals: $250 plus $60 DEEP fee.

(13) Zoning compliance certification: $50.

B. Financing of special study. Certain applications for extraordinarily large and/or significant projects may pose environmental, traffic, and/or other problems beyond the expertise of the Commission's staff to evaluate and make appropriate recommendations. In such instances, if the Commission, after reviewing the matter with its staff, reasonably concludes that an outside, independent study or consultation is necessary for the Commission to decide the issue before it, the Commission may require an applicant, as a condition of processing its application, to pay for the cost of such a study or consultation. In such cases the applicant will be required to place a sum of not to exceed $10,000 into a fee account, the balance of which will be returned to the applicant after the study and/or consultation is completed.